SE4-35-T14S-R3W (Tract 30)
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PERMANENT EASEMENT
THIS INDENTURE, made this ¡-:5-tl day of ~ 1992, by and between
GERAlD E. KNOWLES and ANN KNOWLES, husband and wife, (the "Grantor"), and
the CITY OF SALINA, KANSAS, a municipal corporation (the "City").
WITNESSEfH: The Grantor for a good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, and convey
unto the City, a permanent easement in, through, over, and across a certain portion of land
owned by the Grantor, more particularly described on Exhibits A and B attached to this
Permanent Easement, for all rights of ingress and egress of the City, its servants, officers,
employees, contractors, and franchisees, for purposes of installing, repairing, replacing, and
maintaining public utilities in perpetuity.
COVENANT: The consideration paid by the City to the Grantor for this Permanent
Easement included compensation for loss of existing or future crops required during the
installation of public utilities in the Permanent Easement. The City covenants that in future
years following the installation of public utilities in the Permanent Easement it will
compensate the record owner of the real estate to which this Permanent Easement applies
for any loss of crops located in the Permanent Easement resulting from future maintenance
of the City's utility lines.
IN WITNESS WHEREOF, the Gr
Jj~\-...day of~' ,1992.
STATE OF KANSAS } 'NJ ')
COUNTY OF SALINE 55. t~-
FILED FOR RECORD IN MY OF E Gerald E. KnowÌes
ON SfP 2 4. 1992 AT ('\~ C
ß:OOO'CLOC .M.A ~ULYRECORDED "/J~L~~~
VOL. . 0 T PAGE.!:1.! () - 7/,., Ann Knowles
EG. OF DEEDS
STATE 0 KANSAS, SALINE COUNTY, ss:
s signed this Permanent Easement this
BE IT REMEMBERED, that on this (3tø-... day of ~7tvVt , 1992, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Gerald E.
Knowles and Ann Knowles, husband and wife, who are personally known to me to be the
same persons who executed the above and foregoing instrument of writing and duly
acknowledged the execution of the same.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
.W'œ; , "
A . NOT A.:v ~:
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,/0 Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A 79-
1437e(a)(13)]
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1111118 BUCHER, WILLIS & RATLIFF
11'1'1.... ENGINEERS. PLANNERS. ARCHiTECTS
TRACT NO. 30
Permanent Easement
Owner:
Gerald E. Knowles
A tract of land located In the Southeast Quarter (SEV.) of Section Thirty-Five (35), Township
Fourteen South (14S), Range Three West (3W) of the Sixth Principal Meridian In Saline County,
Kansas, being more particularly described as follows:
Commencing at the Southeast comer of said SE~; thence N 89° 48' 07" W along the South
line of said SE~ a distance of 1126.41 feet to centerline of Interstate Highway 135; thence N
0° 14' 32" E along said 1-135 centerline a distance of 1378.83 feet; thence N 89° 49' 47" W
a distance of 150.00 feet to the West Right-Of-Way line of said 1-135 and the Northeast comer
of the Hollybrooke Addition to the City of Salina, Kansas, said point also being the POINT OF
BEGINNING; thence N 89° 49' 47" W along the North line of said Hollybrooke Addition a
distance of 1369.72 feet to the West line of said SEV.; thence N 0° 02' 04" W along the West
line of said SE~ a dis'ance of 30.00 feet; thence S 89° 49' 47" E a distance of 1369.86 feet
to the West Right-Of-Way line of said 1-135; thence S 0° 14' 32" W along said West Rlght-
Of-Way a distance of 30.00 feet to the POINT OF BEGINNING.
The abOve described tract contains .943 acres more or less.
EXHIBIT A
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PERMANENT EASEMENT
Tract No. 30
LEGEND
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Section Comer
- - - Road Right-or-Way
L_------.J Pennanent Easement
Scale: 1"-100'
30.00'
N (j OZ' O~" W
POINT OF"
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AGREEMENT
This Agreement is made this I "JLl.. day of~ ' 1992, by and between
GERAlD E. KNOWLES and ANN KNOWLES, husband and wife, hereinafter referred
to as the "Grantor," and the CITY OF SALINA, KANSAS, a municipal corporation,
hereinafter referred to as the "City."
RECIT ALS
1. The City, in conjunction with the Interceptor Sewer improvement project,
wishes to acquire from the Grantor a permanent easement in, through, over, and across a
certain portion of land owned by the Grantor for the purpose of installing, repairing,
replacing, and maintaining public utilities in perpetuity, hereinafter referred to as the
"permanent easement".
2. , The City, also in conjunction with the Interceptor Sewer improvement
project, wishes to acquire from the Grantor a temporary easement for a period of
eighteen (18) months in, through, over and across a certain portion of land owned by the
Grantor for purposes of material and equipment storage, excavation, and any other use
necessary in conjunction with the installation of the interceptor sewer line.
3. It is the desire of the Grantor to convey the permanent and temporary
easements to the City upon the terms and conditions contained in this Agreement.
FOR AND IN CONSIDERATION of mutual and reciprocal promises and
agreements set forth herein, the parties agree as follows:
A. Description. The interest to be conveyed by the Grantor to the City shall
be public permanent and temporary easements in, through, over, and across real estate
owned by the Grantor more particularly described on the Engineering Drawings attached
as Exhibits A-C, to this Agreement.
B. Compensation. The City agrees to pay the Grantor upon closing the total
sum of One Thousand One Hundred Forty-six and 05/100 Dollars ($1,146.05) for the
permanent and temporary easements, consisting of the following:
1.
Permanent Easement
(.943 acres at $750 per acre)
$707.25
2.
Temporary Easement
(.472 acres at $450 per acre)
212.40
3.
Damages to remaining property
(loss of crops)
226.40
Total Compensation
$1,146.05
C. Permanent and Temporary Easement Documents. The Grantor agrees
that the permanent and temporary easements shall be conveyed to the City by Grantor's
execution and delivery to the City of a Permanent Easement document identical to the
copy attached as Exhibit D to this Agreement, and a Temporary Easement document
identical to the copy attached as Exhibit E to this Agreement. The Permanent and
Temporary Easement Documents shall be recorded by the City with the office of the
Saline County Register of Deeds, at the City's expense.
D. Covenant of Title. Grantor covenants that Grantor is the lawful owner of
the real estate described in paragraph (A) above and that the real estate is not subject to
any contract for sale or other liens and encumbrances except a Mortgage in favor of
Bennington State Bank dated April 6, 1987 and recorded in Mortgage Book 393, at
pages 261-263 in the records of the Register of Deeds, Saline County, Kansas.
E. Consent to Easement. In those cases where the permanent and temporary
easements described in paragraph (A) are subject to mortgage or other liens or
encumbrances, the Grantor shall at closing deliver to the City a duly executed and
acknowledged consent to the easement executed and acknowledged by a duly authorized
representative of the lienholder. Any consent to easement shall be recorded by the City
with the office of the Saline County Register of Deeds, at the City's expense.
F. Closing. Closing shall take place on or before ~Io..'- /j, If' f'(2-
At closing the Grantor shall:
1. deliver to the City the fully executed and acknowledged Permanent
and Temporary Easement Documents,
2. deliver to the City any necessary consent to easement
documentation,
3. provide the City with any other necessary information such as
Grantor's current mailing address and social security numbers,
at which time the City shall pay Grantor the total compensation set forth in paragraph
(B) above.
G. Nonassignable. Grantor's rights under this Agreement shall not be assigned
without the prior written consent of the City.
-2-
H. Binding Effect. The terms of this Agreement shall be binding upon and
inure to the benefit of the heirs, executors, administrators, and assigns of the parties
hereto.
IN WITNESS WHEREOF, the parties h
year first above written.
Z,
erald E. Knowles ~
Social Sec. No. Ç:( 3 -Zg v 751-£0
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Ann Knowles
Social Sec. No. S-l ~ ' '5 Lf-- s ~-C:( )
ereunto set their hands the day and
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CITY OF SALINA, KANSAS
ennis M. Kissinge ,
City Manager
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IIIIIII BUCHER, WILLIS & RATLIFF
II'I_I~ ENGINEERS. PLANNERS. ARCHiTECTS
TRACT NO. 30
Permanent Easement
Owner:
Gerald E. Knowles
A tract of land located in the Southeast Quarter (SE~) of Section Thirty-Five (35), Township
Fourteen South (14S), Range Three West (3W) of the Sixth Principal Meridian In Saline County,
Kansas, being more particularly described as follows:
Commencing at the Southeast comer of said SE~; thence N 89° 48' 07" W along the South
line of said SE~ a distance of 1126.41 feet to centerline of Interstate Highway 135; thence N
0° 14' 32" E along said 1-135 centerline a distance of 1378.83 feet; thence N 89° 49' 47" W
a distance of 150.00 feet to the West Right-Of-Way line of said 1-135 and the Northeast comer
of the Hollybrooke Addition to the City of Salina, Kansas, said point also being the POINT OF
BEGINNING; thence N 89° 49' 47" W along the North line of said Hollybrooke Addition a
distance of 1369.72 feet to the West line of said SEV.; thence N 0° 02' 04" W along the West
line of said SEV. a dis'ance of 30.00 feet; thence S 89° 49' 47" E a distance of 1369.86 feet
to the West Right-Of-Way line of said 1-135; thence S 0° 14' 32" W along said West Rlght-
Of-Way a distance of 30.00 feet to the POINT OF BEGINNING.
The above described tract contains .943 aaes more or less.
TRACT NO. 30A
Temporary Construction Easement
Owner:
Gerald E. Knowles
A tract of land located in the Southeast Quarter (SEV.) of Section Thirty-Five (35), Township
Fourteen South (14S), Range Three West (3W) of the Sixth Principal Meridian In Saline County,
Kansas, being more particularly described as follows:
Commencing at the Southeast comer of said SEV.; thence N 89° 48' 07" W along the South
line of said SE~ a distance of -1126.41 feet to centerline of Interstate Highway 135; thence N
0° 14' 32" E along said 1-135 centerline a distance of 1378.83 feet; thence N 89° 49' 47" W
a distance of 150.00 feet to the West Right-Of-Way line of said 1-135 and the Northeast comer
of the Hollybrooke Addition to the City of Salina, Kansas, said point also being the POINT OF
BEGINNING; thence N 89° 49' 47" W along the North line of said Hollybrooke Addition a
distance of 1369.72 feet to the West line of said SEV.; thence N 0° 02' 04" W along the West
line of said SE~ a distance of 45.00 feet, thence S 89° 49' 47" E a distance of 1369.93 feet
to the West Right-Of-Way line of said 1-135; thence S 0° 14' 32ft W along said West Right-
Of-Way a distance of 45.00 feet to the POINT OF BEGINNING, less Tract No, 30.
The above described tract contains .472 aaes more or less,
EXHIBIT A
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LEGEND
6.
Section Comer
- - - Road Right-of-Way
[ I Permanent Easement
1369.86'
S 89" 49' 4T E
-- ,f --
30.00'
N ()' 02' 04" W
1369.72'
H89"49
PERMANENT EASEMENT
Tract No. 30
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Scale: 1.=100'
POINT OF
BEGINNING
SCHIWNG ROAD
150.00'
N 89" 49' 4T W
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SE1/4 Sec. 35
T14S R3W
1126.41'
'89"-.8'---07" W
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LEGEND
- - - Rood Right-at-Way
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Section Comer
V / / /j Temporary Construction
Easement
45.O<Y
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1369,93'
S 89' <4-9' <4-,
Tract No. 30
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TEMPORARY CONSTRUCTION EASEMENT
Tract No. 30A
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SE1l4 Sec. 35
T14S R3W
1126,.1'
'89--48'OT W
PERMANENT EASEMENT
THIS INDENTURE, made this - day of , 1992, by and between
GERAlD E. KNOWLES and ANN KNOWLES, husband and wife, (the "Grantor"), and
the CITY OF SALINA, KANSAS, a municipal corporation (the "City").
wrrNESSEfH: The Grantor for a good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, and convey
unto the City, a permanent easement in, through, over, and across a certain portion of land
owned by the Grantor, more particularly described on Exhibits A and B attached to this
Permanent Easement, for all rights of ingress and egress of the City, its servants, officers,
employees, contractors, and franchisees, for purposes of installing, repairing, replacing, and
maintaining public utilities in perpetuity.
COVENANT: The consideration paid by the City to the Grantor for this Permanent
Easement included compensation for loss of existing or future crops required during the
installation of public utilities in the Permanent Easement. The City covenants that in future
years following the installation of public utilities in the Permanent Easement it will
compensate the record owner of the real estate to which this Permanent Easement applies
for any loss of crops located in the Permanent Easement resulting from future maintenance
of the City's utility lines.
IN wrrNESS WHEREOF, the Grantor has signed this Permanent Easement this
- day of , 1992.
Gerald E. Knowles
Ann Knowles
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this - day of , 1992, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Gerald E.
Knowles and Ann Knowles, husband and wife, who are personally known to me to be the
same persons who executed the above and foregoing instrument of writing and duly
acknowledged the execution of the same.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-
1437e(a)(13)]
EXHIBIT D
. ,.
1111118 BUCHER, WILLIS & RATLIFF
18'1'1..... ENGINEERS. PLANNERS. ARCHiTECTS
TRACT NO. 30
Permanent Easement
Owner:
Gerald E. Knowles
A tract of land located In the Southeast Quarter (SE~) of Section Thirty-Five (35), Township
Fourteen South (14S), Range Three West (3W) of the Sixth Principal Meridian In Saline County,
Kansas, being more particularly described as follows:
Commencing at the Southeast comer of said SEV.; thence N 890 48' 07" W along the South
line of said SE~ a distance of 1126.41 feet to centerline of Interstate Highway 135; thence N
00 14' 32" E along said 1-135 centerline a distance of 1378.83 feet; thence N 890 49' 47" W
a distance of 150.00 feet to the West Right-Of-Way line of said 1-135 and the Northeast comer
of the Hollybrooke Addition to the City of Salina, Kansas, said point also being the POINT OF
BEGINNING; thence N 890 49' 47" W along the North line of said Hollybrooke Addition a
distance of 1369.72 feet to the West line of said SEV.; thence N 00 02' 04" W along the West
line of said SE~ a dis'ance of 30.00 feet; thence S 890 49' 47" E a distance of 1369.86 feet
to the West Right-Of-Way 6ne of said 1-135; thence S 00 14' 32" W along said West Rlght-
Of-Way a distance of 30.00 feet to the POINT OF BEGINNING.
The abOve described tract contains .943 acres more or less.
EXHIBIT A
+
LEGEND
e:,.
Section Comer
- - - Road Right-ot-Way
¡-~ Permanent Easement
1369,86'
SSg' 49' 4'
30,00'
N \f OZ' 04" W
-- j' --
PERMANENT EASEMENT
Tract No. 30
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POINT OF
BEGINNING
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SE1/4 Sec. 35
T14S R3W
1126.41 .
Nf 89"-48'01' W
TEMPORARY EASEMENT
THIS INDENTURE, made this - day of , 1992 by and between
GERAlD E. KNOWLES and ANN KNOWLES, husband and wife, (the "Grantor"), and
the CITY OF SALINA, KANSAS, a municipal corporation (the "City").
WITNESSEfH: The Grantor for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, and convey
unto the City, a temporary easement in, through, over, and across a certain portion of land
owned by the Grantor, more particularly described on Exhibits A and B attached to this
Temporary Easement, for all rights of ingress and egress of the City, its servants, officers,
employees, contractors, and franchisees, for purposes of material and equipment storage,
excavation, and any other use necessary in conjunction with the installation of the interceptor
sewer line, for a term of eighteen (18) months commencing with the date of this indenture.
IN WITNESS WHEREOF, the Grantor have signed this Temporary Easement this
- day of , 1992.
Gerald E. Knowles
Ann Knowles
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this - day of , 1992, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Gerald E.
Knowles and Ann Knowles, husband and wife, who are personally known to me to be the
same persons who executed the above and foregoing instrument of writing and duly
acknowledged the execution of the same.
IN WffNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-
1437e(a)(13)]
EXHIBIT E
. ,.
1111118 BUCHER, WILLIS & RATLIFF
18'1'1~ ENGINEERS. PLANNERS. ARCHiTECTS
TRACT NO. 30A
Temporary Construction Easement
Owner:
Gerald E. Knowles
A tract of land located In the Southeast Quarter (SEV.) of Section Thirty-Five (35), Township
Fourteen South (14S), Range Three West (3W) of the Sixth Principal Meridian In Saline County,
Kansas, being more partlcular1y described as follows:
Commencing at the Southeast comer of said SEV4; thence N 890 48' 07" W along the South
line of said SEV. a distance of .1126.41 feet to centerline of Interstate Highway 135; thence N
00 14' 32" E along said 1-135 centerline a distance of 1378.83 feet; thence N 890 49' 47" W
a distance of 150.00 feet to the West Right-Of-Way line of said 1-135 and the Northeast comer
of the Hollybrooke Addition to the City of Salina, Kansas, said point also being the POINT OF
BEGINNING; thence N 890 49' 47"' W along the North line of said Hollybrooke Addition a
distance of 1369.72 feet to the West line of said SE~; thence N 00 02' 04" W along the West
line of said SE~ a distance of 45.00 feet. thence S 890 49' 4T E a distance of 1369.93 feet
to the West Right-Of-Way line of said 1-135; thence S 0° 14' 32" W along said West Right-
Of-Way a distance of 45.00 feet to the POINT OF BEGINNING, less Tract No. 30.
The above described tract contains .472 acres more or less.
EXHIBIT A
-+-
LEGEND
- - - Rood Right-of-Way
L:::,.
Section Corner
V / / /j Temporary Construction
Easement
45,00'
N 0' OZ' 04" W
1369.93'
89" 49' 4.
Tract No, 30
-- l' --
TEMPORARY CONSTRUCTION EASEMENT
Tract No. 30A
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Scale: 1"-100'
POINT OF
BEGINNING
SCHILLING ROAD
45,00'
S 0' 14' 32" W
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N 89" 49' 4T W
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189'-48'07 W