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Lot 1, Block 1 '., .,.. MI:iC. Bk . ¿53 Pi: 8'8'0 PERMANENT EASEMENT TIllS INDENTURE, made thiso{'Cúiaay of ~ 1992, by and between SUTHERLAND LUMBER & HOME IMPROVEMENT CO., Limited Partnership, (the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation (the "City"). wrrNESSETH: 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 qO ~y of a ~JV. 992. ..,._~. .,f'\...".",~, I!. . .CtJ ) .,' )~Ji'i\E'" COUNiYC:=SÞH"" ¡ S3 '~~~,{~Fr¡~~~~ SUTHERLAND LUMBER & HOME . ~.'30o'ClOC'" . .,'" 'IMPROVEMENT CO;;:.' imited Partnership "Z.M " NOi \/ ¡ (' 1992 ANDDULY ~ t:2UL . ' .,. RECORDED . 'lß/4/!?-;tilli:;;fi "AG~~~,:~~f.). ~~ . ~'ø' . ."" ~ -~ &.~: ~ / IDhn . ~herland, General Partner STATE OF ~,\~'éouNTY, ss: BE IT REMEMBERED, that on this~}'\ day of lli:ì1:L 1992, before me, the undersigned, a notary public in and for the county and state aforesaid, came John W. Sutherland, General Partner, of Sutherland Lumber & Home Improvement Co., who is personally known to me to be the same person who executed the above and foregoing instrument of writing and duly acknowledged the execution of the same on behalf of the corporation. . ,', '- :IN W1J'NESS WHEREOF, I have hereunto subscribed my name and affixed my ,/~~~~i~f:S~i~::~'~f~~ay and year last above written., " , Nota..("...I."t"j..:,.~,',bl,¡..~r:lt:j-ll., ,-q,1J-=D/lCtc~(~";' ~, ~'i. , Coø:¡PI~S!C~;1 ,J:Jc.;,;:,:~:..~, 0 ary PublIc My Comml.~loIt'GJ(¡¡rrk Mar'CR"žg-,' 1996 . " "/"'" .".,'\~ 'c' r-À)r:ëár'~sta,tè' sales validation questionnaire is not required pursuant to K.S.A 79- 1437e(à)('1'3) ] j -0#" " ; Misc. Bk /53 Pg <6<¡S r " 1_11111It BUCHER, WILLIS & RATLIFF lI.qIØI~ ENGINEERS. PLANNERS' ARCHITECTS TRACT NO. 31 Pennanent Easement Owner: Southerland Lumber & Home Improvement Company 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 the Sullivan Addition to the City of Salina, In Saline County, Kansas; being more particularly desaibed as follows: Commencing at the Southeast comer of said SE1.4; thence N 0° 14' 41- E along the East line of said SEV~ a distance of 1360.67 feet; thence N 89° 49' 24" W a distance of 122.08 feet to the Southeast comer of Lot 1, Block 1 of said Sullivan Addition, said point also being the POINT OF BEGINNING; thence N 89° 49' 24- W along and parallel to the North line of Sullivan Drive as shown on the Sullivan Addition Plat, a distance of 854.39 feet to the West line of Lot 1, Block 1 of said Sullivan Addition, said point also being on the East Right-Of-Way line of Interstate Highway 135; thence N 0° 14' 32" E along said East Highway Right-Qf-Way, and said West line of Lot 1, Block 1 of said Sullivan Addition a distance of 60.00 feet; thence S 89° 49' 24. E a distance of 49,93 feet; thence S 0° 10' 36- W a distance of 30.00 feet; thence S 89° 49' 24. E a distance of 804.31 feet to the East line of said Lot 1, Block 1 of said Sullivan Addition; thence S 0° 01' 34- W a distance of 30.00 feet to the POINT OF BEGINNING. . The above described tract contain .623 acres more or less. ál .,., Q. ~ .... CD .!Ii :E '" 0') ~ ~I 0 Ï w ~ VI II: W I- ~ I 60.00' N 0' 14' 3:t' E I . r t 'l PERMANENT EASEMENT Tract No. 31 N LEGEND - - - Rood Right-at-Way 6. Section Corner L I Permanent Easement 30,00' S IJ' 10' 3õ W Scale: 1"=100' Lot I, Block 1 80"',31' S 89" ...g' 24' E 8509' N 8!r "g' 24' W ~ - - - - - - SULlNAN--':IVE- - - - - POINT OF' BEGINNING 122.08' N 89' "'9' 2..." W --- SE Cor, at SEI/... See, 35 T14S R3W I I I I . 'I I I I I I I I I I ;;; I ~ I VI I ::J I ~ I I I 15 I I ~ I I I I I ;...'; cil~ "'- 0') - b z 't.J I I ~ I ~ :~ I ~~ --- ':J\ ~\ <J ~. .., , .,- AGREEMENT This Agreement is made this';?ð6t, day of ~ 1992, by and between SUTIffiRLAND LUMBER & HOME IMPROVEMENT CO., Limited Partnership, hereinafter referred to as the "Grantor," and the CITY OF SALINA, KANSAS, a municipal corporation, hereinafter referred to as the "City." RECITALS 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. It is the desire of the Grantor to convey the permanent easement 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 easement in, through, over, and across real estate owned by the Grantor more particularly described on the Engineering Drawings attached as Exhibits A-B, to this Agreement, B. Compensation. The City agrees to pay the Grantor upon closing the total sum of One Thousand Four Hundred Seven and 98/100 Dollars ($1,407.98) for the permanent easement, consisting of the following: 1. Permanent Easement (.623 acres at $2,100 pèr acre) $1,308.30 2. Damages to remaining property (Loss of Crops) 99.68 Total Compensation $1,407.98 ,\ " . .,' C. Permanent Easement Document. The Grantor agrees that the permanent easement 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 C to this Agreement. The Permanent Easement document 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: None. E. Consent to Easement. In those cases where the permanent easement described in paragraph (A) is 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 At closing the Grantor shall: 1. deliver to the City the fully executed and acknowledged Permanent Easement document, , 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 tax identification number, 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. 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. -2- " . IN WIT'NESS WHEREOF, the parties have hereunto set their hands the day and year first above written. SUTHERIAND LUMBER & HOME IMPROVEf:.M~1IT CO., Limited Pa~nership , , v/ /' ~y)~< ¿j~/ J hn W. Sutherland, General Partner IDNo. 41-1pgSO12 CITY OF SALINA, KANSAS By ennis M. Kissinge , City Manager -3- " -' . -1811118 BUCHER, WilliS & RATLIFF 18'111.... ENGINEERS. PLANNERS. ARCHITECTS TRACT NO. 31 Pennanent Easement Owner: Southerland Lumber & Home Improvement Company A tract of land located in the Southeast Quarter (SEV4) of Section Thirty-Five (35), Township Fourteen South (145), Range Three West (3W) of the Sixth Principal Meridian in the Sulfivan Addition to the CIty of Salina. In Saline County, Kansas; being more particularly desaibed as follows: Commencing at the Southeast comer of said SE1A; thence N 0° 14' 418 E along the East line of said SE1A a distance of 1360.67 feet; thence N 89° 49' 248 W a distance of 122.08 feet to the SOU1heast comer of Lot 1, Block 1 of said Sullivan Addition, said point also being the POINT OF BEGINNING; thence N 89° 49' 248 W along and parallel to the North line of SulUvan Drive as shown on the Sullivan Addition Plat, a Õlstance of 854.39 feet to the West line of Lot 1, Block 1 of said Sullivan Addition, said point also being on the East Right-Of-Way line of Interstate Highway 135; thence N 0° 14' 328 E along said East Highway Right-of-Way, and said West line of Lot 1, Block 1 of said Sullivan Addition a distance of 60.00 feet; thence S 89° 49' 248 E a distance of 49.93 feet; thence S 0° 10' 368 W a distance of 30.00 feet; thence S ago 49' 248 E a distance of a04.31 feet to the East line of said Lot 1, Block 1 of said SuiUvan Addition; thence S 0° 01' 348 W a distance of 30.00 feet to the POINT OF BEGINNING. The above described tract contain .623 acres more or less. EXHIBIT A I I I on I ~ >- ~ I II !a I I ~ t;¡ ~ I - I I I 60.00' N 0' 14' 32" E I I I I I I . I PERMANENT EASEMENT Tract No. 31 LEGEND ð Section Comer - - - Rood Right-at-Way L I Pennanent Easement I ' . 30,00' S 0' 10' 36" w Lot I, Block 1 S 89' 411' 24' 'l 854.311' N 89' 411' 24' W SULLIVAN DRIVE ~----- I I I I I Scale: l'aIOO' ------ --- N I I I I I I I I ~ I "' ~ I ¡ ~ I I I S Cor. at SEI 4 Sec. 35 T1o4S R3W a) en :::> t;¡ w I~ I~ IW ¡...';: cil~ co- O'} - b z --- .. !:: .. :;; " ... PERMANENT EASEMENT TfßS INDENTURE.. made this - day of , 1992, by and between SUIHERlAND WMBER & HOME IMPROVEMENT CO., Limited Partnership, (the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation (the "City"). wrrNESSErn: 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 fol 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 installatio~ 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 Grantor has signed this Permanent Easement this day of . 1992. .' SUTHERLAND LUMBER & HOME IMPROVEMENT CO., Limited Partnership By: John W. Sutherland, General Partner' STATE OF 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 John W. Sutherland, Genera] Partner, of Sutherland Lumber & Home Improvement Co., who is personally known to me to be the same person who executed the above and foregoing instrument of writing and duly acknowledged the execution of the same on behalf of the corporation. 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 C . , -1811111 BUCHER, WILLIS & RATLIFF 18'1'1~ ENGINEERS. PLANNERS. ARCHITECTS TRACT NO. 31 Pennanent Easement Owner: Souther1and Lumber & Home Improvement Company A tract of land located In the Southeast Quarter (SEV~) of Section Thirty-Five (35), Township Fourteen South (145), Range Three West (3W) of the Sixth Principal Meridian in the SulUvan Addition to the City of Salina, In Saline County, Kansas; being more particularty desaibed as follows: Commencing at the Southeast comer of said SE1A; thence N 0° 14' 41- E along the East line of said SE1A a distance of 1360.67 feet; thence N 8go 49' 24- W a distance of 122.08 feet to the Southeast comer of Lot 1, Block 1 of said Sullivan Addition, said point also being the POINT OF BEGINNING; thence N 89° 49' 24- W along and parallel to the North line of SulUvan Drive as shown on the Sullivan Addition Plat, a distance of 854.39 feet to the West line of Lot 1, Block 1 of said Sullivan Addition, said point also being on the East Right-Of-Way line of Interstate Highway 135; thence N 0° 14' 32- E along said East Highway Right-of-Way, and said West line of Lot 1, Block 1 of said Sullivan Addition a distance of 60.00 feet; thence S 89° 49' 24- E a distance of 49.93 feet; thence S 0° 10' 36- W a distance of 30.00 feet; thence S 89° 49' 24- E a distance of 804.31 feet to the East line of said Lot 1, Block 1 of said SulUvan Addition; thence S 0° 01' 34- W a distance of 30.00 feet to the POINT OF BEGINNING. The above described tract contain .623 acres more or less. EXHIBIT A I I I I I I I I I I I I I I I on .... ~ ~I () :¡: .... ~ I I 60.00' N rr 14' 32" E I PERMANENT EASEMENT Tract No. 31 LEGEND ð Section Comer - - - Rood Right-at-Way L I Penn anent Easement Lot " Block 1 S 89' 49' 24"E 854,39' N 89' 49' 24" W SULlNAN DRIVE ~----- I I I I I ----- --- N I I I I : I I ~ I ~ I I t3 ~ I I ~ .1 ~ I ¡!: I E I en I ' I I Scale: 1'=100' I.... 122.08' N 89' 49' 24" W ;... ';: ól;. <O~ .... - b z SE Cor. of SEI/4 Sec. 35 T14S R3W --- t: .. ;¡; >< ..