Lot 2, Block 1
Mise. Bk AE.-~
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PERMANENT EASEMENT
THIS INDENTURE, made this ~ý'}!lday of v' VL)=" 1992, by and between
RUSSElL M. JOHNSON and KATHIE E. JOHNSON, h d and wife, (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 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.
, "¡ t~ IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement this
2 'ù ~. day of ~, 1992.
STATE OF KANSAS } . . r, \ ,/". ( ,
COUNlY OF SALINE ss., . :Ft-' . ,/ ;) ,,', f\ (\ ~ \ \-\, . '
FILED FOR RECORD IN MY OF~ CE " '\< \J~~ ~ j \'-A... ,,~-:\).J\'>fJY"',.
ON SfP 2 B 1992 AT Russell . Johnson'.~
J f'W'CLJJC$. A~~L Y RECOftIJE ) V zhi. £:l¡/
flJv~!f~~b:~~~73-i1~ KãtilieLE. ;~~ns~rff7 r)'¡~hJ-V1.
STATE OF KANSAS,&EA¡¿-Y COUNTY, ss:
BE IT REMEMBERED, that on this It;~ioday of ~~\)'>t 1992, hefore me, the
undersigned, a notary public in and for the county and state oresaid, came Russell M.
Johnson and Kathie E. Johnson, 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 writte~ "
/'
.<:---.
. STEVEN R. STRUEBING
=" .:" Notary Public - State OfK. an.. sas
- ., My Appt. Expires '3 -01,; - ,;+
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-
1437e(a)(13)]
Misc, BII lJ\~ Pg ¥7<[
CONSENT TO CONVEYANCE OF PERMANENT EASEMEN~~
WAL-MART STORES,
INC. ,
a Delaware coporation with its
principal offices in Bentonville, Arkansas, as the record owner
of a portion of the land which is the subject of the foregoing
Permanent Easement, does hereby consent,
approve and ratify the
grant and conveyance by the Grantor to the City of the foregoing
Permanent Easement, and does hereby join in with the Grantor in
the grant and conveyance of the foregoing Permanent Easement as
the same pertains to lands now owned by the undersigned.
IN WITNESS WHEREOF, Wal-Mart Stores, Inc. has executed
this Consent this JlfA. day of fluS U j~ , 1992.
"
WAL-MART STORES, INC. j' a Delaware
corpor 'on
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'") a t~The foregoj,ng instrument was acknow],edged, peto,r~ me
this 0'- ¡ day of tr~ù )1 , 1992, by <Jud ?J. tte f- {¡ tV ,
V íc..eJr~ç~\ of WAL- T STORES, INC., a Delaware corporation,
on behalf of said corporation.
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IIIII lID BUCHER, WilliS & RATLIFF
ID'I'I~ ENGINEERS. PLANNERS. ARCH'ITECTS
THACT NO. 32
Permanent Easement
Owner:
Dorris E. Winslow, Dorothy A. Winslow &
The First National Bank & Trust Company of Salina
A tract ot land located in the South Half (SY2) ot the Southwest Quarter (SWI/4) ot Section
Thirty-Six (36), Township Fourteen South (14S), Range Three West (3W) ot the Sixth Principal
Meridian in Saline County, Kansas, being more particularly described as follows:
Commencing at the Southwest corner of said SWV4; thence N 0° 14' 46" E along the West
line of said SWI/4 a distance of 1330.67 teet to the North line of said SY2 of said SWV4; thence
S 89° 46' 04" E along the North line of said SY2 of the SWV4 a distance of 102.70 teet to the
East Right-at-Way line of 9th Street, said point also being the POINT OF BEGINNING; thence
S 89° 46' 04" E along said North line of the SY2 ot the SWV4 a distance of 2505,95 feet to the
West Right-at-Way line of the Union Pacific Railroad; thence S 0° 02' 18" W along said West
Railroad Right-at-Way a distance of 30.00 feet; thence N 89° 46' 04" W a distance of 2505.94
teet to the East Right-Of-Way line of 9th Street; thence N 0° 01' 11" E along said East 9th
Street Right-at-Way a distance of 30.00 feet to the POINT OF BEGINNING,
The above described tract contains 1.726 acres more or less.
EXHIBIT A
Misc,Bk~P¡ s-/L
PERMANENT EASEMENT
THIS INDENTURE, made this /'/Zli day of ~ /'f"T: , 1992, by and between
RUSSElL M. JOHNSON and KATHIE E. JOHNSON~and wife, (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 as follows:
i
A strip of land located in the Southwest Quarter (SW/4) of Section Thirty-six
(36), Township Fourteen (14) South, Range Three (3) West of the 6th
Principal Meridian in Saline County, Kansas, being twenty (20) feet in width,
the centerline of which is described as follows:
Commencing at the Southwest corner of said Southwest Quarter (S'W/4) of
Section Thirty-six (36); thence South 8go35'56" East on the South line of said
Southwest Quarter (SW/4) a distance of 1585.13 feet; thence North 00°23'05"
East a distance of 1095.22 feet to the POINT OF BEGINNING of the
centerline to be described; thence South 75°59'55" East a distance of 186.62
feet; thence North 53°01'11" East a distance of 212.49 feet; thence South
8go35'56" East a distance of 235.00 feet; thence North 01°09'28" West a
distance of 155.07 feet to a point on the North line of the South half of said
Southwest Quarter (SW/4), said point being the terminus point of thl~ above
described centerline.
for all rights of ingress and egress of the City, its servants, officers, employees, contractors,
and permitees, for the purposes of installing, repairing, replacing and maintaining sanitary
sewer lines in perpetuity.
I?h: IN ~ WHEREOF, the Grantor has signed this Pennanent Easement this
~"day of , 1992.
STATE OF KANSAS };' 1 ~ ~
COUNTY OF SALINE ss1 (v ) ,
FILED FOR RECORD IN MY OffiCE ')0
ON SEP 3 0 1992 AT Russell M. Johns
g; QQo'ClOCJ.IU, ~ RECORDED ~ ~ -' E - !1JI ~ ~ M ,
'-I;°L ';~' T PAGL![ /1-')(:2 Ka ie E, J ohnso\í'
k" EG. OF DEEDS
STATE OF KANSAS, ~OUNTY, ss:
BE IT REMEMBERED, that on this LZ{f day of ~ Y7Á-. , 1992, before me, the
undersigned, a notary public in and for the county and s~aid, came Russell M.
Johnson and Kathie E. Johnson, husband and wife, who are personally known to me to be
'::/
Mise, Bk ~ ~ Pi :=; I;l;
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.
.Ai NIlE . Stall II ...
MARY B MATHIS
MyAppt. £x~~ -96
JJ1JJÁIA ~ ~.ui)
. --- zn .) Notary Public
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PERMANENT EASEMENT
Tract No. 32
LEGEND
6
Section Corner
- - -- Rood Right-ol-Woy
I I Permanent Easement
POINT OF
BEGINNING
2505,94'
N 89" 46' 04" W
30,00'
N (J' 01' 11. E
--- .¡ -
SCHIWNG ROAD
2505.95'
S 89" 46' 04'
N
Scale: 1"=100'
30.00'
S (J' 02' 18" W
EXHIBIT B
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AGREEMENT
This Agreement is made this f't~ day of (Q.,V-f?4JAA.:/t- , 1992, by and between
RUSSElL M. JOHNSON and KATHIE E. JOHNSON/husband and wife, as record title
holders, hereinafter referred to as the "Grantor", and DOROTHY A WINSLOW,
MADELINE KLEMCKE and FIRST NATIONAL BANK & TRUST, TRUSTEES OF
THE ANNA M. DEBOW TRUST UNDER AGREEMENT DATED JUNE 20, 1967,
(the "Trust") as former owner, hereinafter referred to as the "Trustees," 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. 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 to Trustees per the instruction of
the Grantor upon closing the total sum of Seven Thousand Three Hundred Twenty-six
and 93/100 Dollars ($7,326.93) for the permanent and temporary easements., consisting of
the following:
1.
Permanent Easement
(1. 726 acres at $2,083 per acre)
$3,595.26
2.
Temporary Easement
(2.876 acres at $1,041.50 per acre)
2,995.35
3.
Damages to remaining property
(loss of crops)
736.32
Total Compensation
$7,326.93
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: None.
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 execut,ed 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 ~;~¡J,>tl~tn- J- / (f!('¿
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 tax identification number,
t.~e Trus t
at which time the City shall pay kìx~K the total compensation set forth in paragraph
(B) above. The entire compensation shall be paid to the Trust) and no compensation
shall be paid to Grantor.
-2-
G. Nonassignable. Grantor's rights under this Agreement shàll 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.
IN WITNESS WHEREOF, the parties have hereunto set r heir hands the day and
year first above written. " () Qì, i',
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/. :\....b' ~ { --
Russell M. Johnson \"
"-,
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K;rtbie E. J ohnšon
ANNA M. DEBOLD TRUST under
Agreement dated June 20, 1967
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By ßi--4- ' L,,-_---,j ..::=...-
Madeline Klemcke, rustee
FIRST NATIONAL BANK & TRUST
i By
~
CITY OF SALINA, KANSAS
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1111118 BUCHER, WilliS & RATLIFF
II'I'I~ ENGINEERS. PLANNERS. ARCHITECTS
TRACT NO. 32
Permanent Easement
Owner:
Dorris E, Winslow, Dorothy A. Winslow &
The First National Bank & Trust Company of Salina
A tract of land located in the South Half (S%) of the Southwest Quarter (SW'/4) 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 Southwest corner of said SWV4; thence N 0° 14' 46ft E akmg the West
line of said SWV4 a distance of 1330,67 feet to the North line of said S% of said SWV4; thence
S 89° 46' 04ft E along the North line of said S% of the SWV4 a distance of 102.70 feet to the
East Right-Of-Way line of 9th Street, said point also being the POINT OF BEGINNING; thence
S 89° 46' 04ft E along said North line of the S% of the SW'/4 a distance of 2505.95 feet to the
West Right-Of-Way line of the Union Pacific Railroad; thence S 0° 02' 18ft W along said West
Railroad Right-Of-Way a distance of 30.00 feet; thence N 89° 46' 04ft W a distance of 2505.94
feet to the East Right-Of-Way line of 9th Street; thence N 0° 01' 11 ft E along said East 9th
Street Right-Of-Way a distance of 30,00 feet to the POINT OF BEGINNING,
The above described tract contains 1,726 acres more or less.
TRACT NO, 32A
Temporary Construction Easement
Owner:
Dorris E. Winslow, Dorothy A. Winslow &
The First National Bank & Trust Company of Salina
A tract of land located in the South Half (S%) of the Southwest Quarter (S\'\%) 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 Southwest corner of said SW'/4; thence N 0° 14' 46ft E along the West
line of said SW% a distance of 1330.67 feet to the North line of said S% of said SW'/4; thence
S 89° 46' 04ft E along the North line of said S% of the SW% a distance of 102,70 feet to the
East Right-Of-Way line of 9th Street, said point also being the POINT OF BEGINNING; thence
S 89° 46' 04ft E along said North line of the S% of the SW% a distance of 2505.95 feet to the
West Right-Of-Way line of the Union Pacific Railroad; thence S 0° 02' 18ft W ah)ng said West
Railroad Right-Of-Way a distance of 80.00 feet; thence N 89° 46' 04ft W a distance of 2505,92
feet to the East Right-Of-Way line of 9th Street; thence N 0° 01' 11 ft E along said East 9th
Street Right-Of-Way a distance of 80.00 feet to the POINT OF BEGINNING, less Tract No. 32,
The above described tract contains 2.876 acres more or less,
EXHIBIT A
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PERMANENT EASEMENT
Tract No. 32
LEGEND
ð
Section Corner
- - -- Rood Right-ai-Way
I 1 Permanent Easement
POINT OF
BEGINNING
2505,94'
N 89' 46' 04-----W
30,00.
N rr 0" ,," E
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SCHIWNG ROAD
2505.95'
S 89' 46' 04'
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Scale: '"=100'
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S 89" 46' 04" E
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TEMPORARY CONSTRUCTION EASEMENT
Tract No, 32A
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Easement
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EXHIBIT C
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SCHILLING ROAD
PERMANENT EASEMENT
THIS INDENTURE, made this - day of , 1992, by and between
RUSSElL M. JOHNSON and KATHIE E. JOHNSON, husband and wife, (the "Grantor"),
and the CITY OF SALINA, KANSAS, a municipal corporation (the "City").
WffNESSETH: The Grantor for a good and valuable consideration, 1the 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 Grantor has signed this Permanent Easement this
- day of , 1992.
Russell M. Johnson
Kathie E. Johnson
STATE OF KANSAS,
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 Russell M.
Johnson and Kathie E. Johnson, husband and wife, 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
1111111t BUCHER, WilliS & RATLIFF
18'1'1~ ENGINEERS. PLANNERS. ARCH"'TECTS
THACT NO. 32
Permanent Easement
Owner:
Dorris E. Winslow, Dorothy A. Winslow &
The First National Bank & Trust Company of Salina
A tract of land located in the South Half (S%) of the Southwest Quarter (SW1/4) 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 Southwest corner of said SW1/4; thence N 0° 14' 46" E along the West
line of said SW1/4 a distance of 1330.67 feet to the North line of said S% of said SW1/4; thence
S 89° 46' 04" E along the North line of said S% of the SW'/4 a distance of 102,70 feet to the
East Right-Of-Way line of 9th Street, said point also being the POINT OF BEGINNING; thence
S 89° 46' 04" E along said North line of the S% of the SW1/4 a distance of 2505.95 feet to the
West Right-Of-Way line of the Union Pacific Railroad; thence S 0° 02' 18" W akmg said West
Railroad Right-Of-Way a distance of 30.00 feet; thence N 89° 46' 04" W a distance of 2505.94
feet to the East Right-Of-Way line of 9th Street; thence N 0° 01' 11" E along said East 9th
Street Right-Of-Way a distance of 30.00 feet to the POINT OF BEGINNING,
The above described tract contains 1.726 acres more or less.
EXHIBIT A
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102.70'
S 89" 46' 04" E
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SW1/4 Sec. 36~
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PERMANENT EASEMENT
Tract No, 32
LEGEND
L::,
Section Corner
- - -- Road Right-of-Way
I . _n__J Permanent Easement
POINT OF
BEGINNING
2505,94'
NnS9" 46' 04" W
30,00'
N rr 0" , ,. E
SCHIWNG ROAD
-- j' -
2505.95'
S 89" 46' 0+
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Scale: '"=100'
30.00'
S rr OZ' ,
EXHIBIT B
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TEMPORARY EASEMENT
THIS INDENTURE, made this - day of , 1992 by and between
RUSSElL M. JOHNSON and KATHIE E. JOHNSON, husband and wife, (1the "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 1the 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.
Russell M. Johnson
Kathie E. Johnson
STATE OF KANSAS,
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 Russell M.
Johnson and Kathie E. Johnson, husband and wife, who are personally kno,",'11 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
1811118 BUCHER, WilliS & RATLIFF
ID'I'I~ ENGINEERS. PLANNERS. ARCH'ITECTS
TRACT NO. 32A
Temporary Construction Easement
Owner:
Dorris E. Winslow, Dorothy A. Winslow &
The First National Bank & Trust Company ot Salina
A tract of land located in the South Half (S%) of the Southwest Quarter (SWV4) of Section
Thirty-Six (36), Township Fourteen South (14S), Range Three West (3W) of the Sixth Principal
Meridian in Saline County, Kansas, being more particular1y described as follows:
Commencing at the Southwest comer of said SW'/4; thence N 0° 14' 46" E along the West
line of said SW% a distance of 1330.67 feet to the North line of said S% of said SWV4; thence
S 89° 46' 04" E along the North line of said S% of the SW% a distance of 102.70 feet to the
East Right-at-Way line of 9th Street, said point also being the POINT OF BEGINNING; thence
S 89° 46' 04" E along said North line of the S% of the SWV4 a distance of 2505.95 feet to the
West Right-Of-Way line ot the Union Pacific Railroad; thence S 0° 02' 18" W along said West
Railroad Right-Of-Way a distance of 80.00 feet; thence N 89° 46' 04" W a distance ot 2505,92
feet to the East Right-Of-Way line of 9th Street: thence N 0° 01' 11" E along said East 9th
Street Right-at-Way a distance of 80.00 teet to the POINT OF BEGINNING, less Tract No. 32.
The above described tract contains 2.876 acres more or less.
EXHIBIT A
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EXHIBIT B