S2-SE4-36-T14S-R3W
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PERMANENT EASEMENT
THIS INDENTURE, made this Lc/ da~."æ'i.l992, by and between
SHARON E. CAYWOOD and FRANK ~ YW , Wife and husband, (the "Grantor"),
and the CITY OF SALINA, KANSAS, a municipal corporation (the "City").
WITNESSETH: 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 one interceptor sewer line 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 one interceptor sewer line in the Permanent Easement. The City covenants
that in future years following the installation of one interceptor sewer line 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 interceptor sewer line.
IN ~ WHEREOF, the Grantor has signed this Permanent Easement this
/.~ day Of?7/xit" /1992.
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J l.t.J;~ DAVID J. PRIEBE
, 'i~,,'. ,~~, . . NOTARY PUBLIC - MlNNeso~
~;¡;:!t:)# OLMSTED COUNTY
My Commission Expires Mardi 7, 1m
---~,. '
Sharon E. Caywood
~-vr/ g ~~
Frank R. Caywood -=-=---....
STATE OF -K(1~1- ìfL ì
, ~~ 0 { ~l R.
COUNTY, ss:
BE IT REMEMBERED, that on this l£l:L day 0«:' ~t¡J]i:i< to"" 1992, before me, the
undersigned, a notary public in and for the county and sta e aforesaid, came Sharon E.
Caywood 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.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
.8j8tABy PU8l1C . State," I(a, øsas
, .... VAN METIR KRIEGH
., Aøpt. Exp. I - 3 . (1.5
9'"'" ( )0 d ¡lnd,..." ~¿~ry Public
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STATE OF (r)/¡J, (;))/r~;~-:::LcA COUNTY, ss:
Minnesota Olmsted
BE IT REMEMBERED, that on this ----Z- day of ~~" 1992, before me, the
undersigned, a notary public in and for the county and state fore said, (~ame Frank R.
Caywood 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 th4~ same.
1..5.3
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IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
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Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-
1437e(a)(13)]
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Iltlili. BUCHER, WilliS & RATLIFF
18'1'1.... ENGINEERS. PLANNERS. ARCHiTECTS
TIRACT NO. 34
Permanent Easement
Owner:
Frank R. Caywood
A tract of land located in the South Half (S%) of the Southeast Quarter (SEY.), of Section
Thirty-Six (36), Township Fourteen South (14S), Range Three West (3W) of the Sixth Prindpal
MeriÖlan In Saline County, Kansas, being more particularty described as follows:
Commendng at the Southeast comer of said SEY.; thence N 0° 33' OS" E along the East
line of said SEY4 a distance of 1296.98 feet to the POINT OF BEGINNING; thence N 0° 33' Osw
E along said East line of said SEV4 a distance of 30.00 feet to the Northeast comer of said S%
of said SEV4; thence N 89° 46' 40w W along the North line of said S% of said SEY. a distance
of 2606.18 feet to the East Right-Of-Way line of the Union Pacific Railroad; thenc:e S 0° 02' 18"
W along said East Railroad Right-Of-Way a distance of 30.00 feet; thence S 8!~0 46' 40" E a
distance of 2605.92 feet to the POINT OF BEGINNING.
The above described tract contains 1.795 acres more or less.
EXHIBIT A
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UNION PACIFIC RAILROAD
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STATE OF KANSAS. '} SS./~V'
COUNTY OF SALINE!
fiLED FOR RECORD IN MY OFFICE
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ON SEP 3 0 1992
~: Qß)'CLOCJ!M. AN.JlD~LY RECORDED 7
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. -~; REG. OF DEEDS $]
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F.XHTRTT R
AGREEMENT
This Agreement is made this /4 day 0& P - 7Ï. . L . .L ), 1992, by and between
SHARON E. CAYWOOD and FRANK R. CA ~d husband, 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 one interceptor sewer line 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 Four Thousand Thirty-three and 82/100 Dollars ($4,033.82) for the permanent
and temporary easements, consisting of the following:
1.
Permanent Easement
(1.795 acres at $1,000 per acre)
$1,795.00
2.
Temporal)' Easement
(2.957 acres at $500 per acre)
1,478.50
3.
Damages to remaining property
(Loss of crops)
760.32
Total Compensation
$4,033.82
C. Indemnification. The City shall indemnify, defend and hold Grantor and
the heirs, executors, administrators, trustees and assigns of the Grantor, harmless from
and against any and all claims, expenses and liabilities for personal injuries, property or
environmental damage, or for loss of life or property resulting from, or in any way arising
out of, use by the City of the rights herein granted; and this Agreement shall survive and
continue to be binding upon the City and the successors and assigns of the City after the
closing of this Agreement.
D. 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.
E. 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.
F. 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.
G. Closing. Closing shall take place on or before
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,
-2-
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.
H. Nonassignable. No rights under this Agreement shall be assigned by either
party without the prior written consent of the other party.
I. Binding Effect. The terms of this Agreement shall be binding upon and
inure to the benefit of the heirs, executors, administrators, successors, and assigns of the
parties hereto.
IN wrrNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
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Sharon E. Caywood ./ . ,-.-
Social Sec. No. .-y. ~"- / -- 9' ð'- .2 ¿"... ,,;.l,)
~a- Æ /? ~ ~--~
Frank R. Caywood
Social Sec. No. :/ ¿/ y-- ~;.- J'J. Y /
CITY OF SALINA, KANSAS
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By..- /7} 'Y/-\.'A~
Dennis M. Kissinge , ,!:/
City Manager
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1811118 BUCHER, WilliS & RATLIFF
II'I'I~ ENGINEERS. PLANNERS. ARCHiTECTS
TFtACT NO. 34
Permanent Easement
Owner:
Frank R. Caywood
A tract of land located in the South Half (S1f2) of the Southeast Quarter (SE~/.), of Section
Thirty-Six (36), 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 0° 33' OS" E along the East
line of said SE'A a distance of 1296.98 feet to the POINT OF BEGINNING; thenCE~ N 0° 33' 05w
E along said East line of said SEV. a distance of 30.00 feet to the Northeast comer of said S1f2
of said SE'A; thence N 890 46' 40w W along the North line of said S% of said SEY. a distance
of 2606.18 feet to the East Right-Of-Way line of the Union Pacific Railroad; theno~ S 0° 02' 18w
W along said East Railroad Right-Of-Way a distance of 30.00 feet; thence S 89° 46' 40w E a
distance of 2605.92 feet to the POINT OF BEGINNING.
The above described tract contains 1.795 acres more or less.
TRACT NO. 34A
Temporary Construction Easement
Owner:
Frank R. Caywood
A tract of land located in the South Half (SY2) of the Southeast Quarter (SE%), of Section
Thirty Six (36), 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 SEV4; thence N 0° 33' OS" E along the East
line of said SE'A a distance 1246.98 feet to the POINT OF BEGINNING; thenCE~ N 00 33' 05w
E along said East line of said SE'A a distance of 80.00 feet to the Northeast comer of said S1f2
of said SE%; thence N 89° 46' 40" W along the North line of said S1f2 of said SEV. a distance
of 2606.18 feet to the East Right-Of-Way line of the Union Pacific Railroad; thenc:e S 0° 02' 18"
W along said East Railroad Right-Of-Way a distance of 80.00 feet; thence S 8Bo 46' 40" E a
distance of 2605.47 feet to the POINT OF BEGINNING, less Tract No. 34 and le~>s Road Right-
Of-Way.
The above described tract contains 2.957 acres more or less.
EXHIBIT A
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EXHIBIT B
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EXHIBIT C
PERMANENT EASEMENT
THIS INDENTURE, made this - day of , 1992, by and between
SHARON E. CAYWOOD and FRANK R. CAYWOOD, wife and husband, (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 one interceptor sewer line 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 one interceptor sewer line in the Permanent Easement. The City covenants
that in future years following the installation of one interptor sewer line 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 interceptor sewer line.
IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement this
- day of , 1992.
Sharon E. Caywood
Frank R. Caywood
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 Sharon E.
Caywood and Frank R. Caywood, wife and husband, who are personally kno"m 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
1811118 BUCHER, WilliS & RATLIFF
18'1'1~ ENGINEERS. PLANNERS. ARCHiTECTS
THACT NO. 34
Permanent Easement
Owner:
Frank R. Caywood
A tract of land located in the South Half (SV2) of the Southeast Quarter (SEV.), of Section
Thirty-Six (36), Township Fourteen South (14S), Range Three West (3W) of the Sixth Principal
Meridian in Saline County, Kansas, being more particularty described as follows::
Commencing at the Southeast comer of said SEV.; thence N 00 33' OS" E along the East
line of said SE'.h a distance of 1296.98 feet to the POINT OF BEGINNING; thenc:~~ N 0° 33' OS"
E along said East line of said SE'.h a distance of 30.00 feet to the Northeast comer of said SV2
of said SEV4; thence N 89° 46' 40" W along the North line of said SV2 of said SEY. a distance
of 2606.18 feet to the East Right-Of-Way line of the Union Pacific Railroad; thenoe S 0° 02' 18"
W along said East Railroad Right-Of-Way a distance of 30.00 feet; thence S 8~tO 46' 40" E a
distance of 2605.92 feet to the POINT OF BEGINNING.
The above described tract contains 1.795 acres more or less.
EXHIBIT A
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LEGEND
.6.
Section Comer
- - - Rood Right-at-Way
L___~ PeflJ'lanent Easement
PERMANENT EASEMENT
Tract No. 34
2605.92'
S 817~'
- - --ý'--- - - SCHIWNG ROAD - -
2606.18'
N 817~'
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Scale: 1'-100'
30.00'
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SE1/4 See, 36
T14S R3W
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TEMPORARY EASEMENT
THIS INDENTURE, made this - day of , 1992 by and between
SHARON E. CAYWOOD and FRANK R. CAYWOOD, wife and husband, (the "Grantor"),
and the CITY OF SALINA, KANSAS, a municipal corporation (the "City").
WITNESSETH: 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 an 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.
Sharon E. Caywood
Frank R. Caywood
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 Sharon E.
Caywood and Frank R. Caywood, wife and husband, 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 E
1811111t BUCHER, WilliS & RATLIFF
18'1'1..... ENGINEERS. PLANNERS. ARCHiTECTS
TFlACT NO. 34A
Temporary Construction Easement
Owner:
Frank R. Caywood
A tract of land located in the South Half (S¥2) of the Southeast Quarter (SEV.), of Section
Thirty Six (36), Township Fourteen South (14S), Range Three West (3W) of the Sixth Principal
Meridian in Saline. County, Kansas, being more particulaJiy described as follows:
Commencing at the Southeast comer of said SEV~; thence N 00 33' OS" E along the East
line of said SEltc a distance 1246.98 feet to the POINT OF BEGINNING; thence N 0° 33' OS"
E along said East line of said SEY. a distance of 80,00 feet to the Northeast corner of said S¥2
of said SEV.; thence N 89° 46' 40" W along the North line of said S¥2 of said SEV. a distance
of 2606.18 feet to the East Right-Of-Way line of the Union Pacific Railroad; them~ S 00 02' 18"
W along said East Railroad Right-Of-Way a distance of 80.00 feet; thence S 8.9° 46' 40" E a
distance of 2605.47 feet to the POINT OF BEGINNING, less Tract No. 34 and less Road Right-
Of-Way.
The above described tract contains 2.957 acres more or less.
EXHIBIT A
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TEMPORARY CONSTRUCTION EASEMENT
Tract No. 34A
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Section Corner
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V / / / Ã ~~~l%e~'?' Construction
Scale: '"-'00'
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POINT OF
BEGINNING
r, of
5E'/4 Sec. 36
TH5 R3W
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