Easement Agreement
EASEMENT FOR COMMON DRIVEWAY
THIS EASEMENT, Made and entered into this November &, 2001, by and
between Monica M. Bachamp and Jeffrey E. Easter, her husband, hereinafter referred to as
"Bachamp", the City of Salina, Kansas, a Kansas municipality, hereinafter referred to as
"Salina", Babette S. Freeman and Raymond S. Freeman, as Trustees of the Babette S.
Freeman Trust No.1, dated September 1, 1993, hereinafter referred to as "Freeman", and
Gerald L. Hunter and Sidney A. Reitz, as Trustees of the Sheldon Brothers Real Estate
Trust, dated July 1, 1992, hereinafter referred to as "Sheldon".
WITNESSETH:
WHEREAS, Bachamp is the owner of the real estate described on Exhibit "A"
attached hereto and by reference made a part hereof, hereinafter referred to as "Bachamp
Property"; and
WHEREAS, Salina is the owner of the real estate described on Exhibit "B" attached
hereto and by reference made a part hereof, hereinafter referred to as "Salina Property"; and
WHEREAS, Freeman is the owner of the real estate described on Exhibit "C"
attached hereto and by reference made a part hereof, hereinafter referred to as "Freeman
Property"; and
WHEREAS, Sheldon is the owner of the real estate described on Exhibit "D"
attached hereto and by reference made a part hereof, hereinafter referred to as "Sheldon
Property"; and
WHEREAS, the parties hereto desire to create a common driveway between the
Bachamp Property, the Salina Property, the Freeman Property and the Sheldon Property for
the benefit of each of them:
NOW, THEREFORE, in consideration of the foregoing, the parties hereto hereby
agree as follows:
1. Conveyance of Easement. An easement for a common driveway for the benefit
of the Bachamp Property, the Salina Property, the Freeman Property and the Sheldon
Property is hereby created over and across the following described real estate:
A strip of land located in the Northeast Quarter (NE/4) of Section Eighteen
(18) and the Southeast Quarter (SE/4) of Section Seven (7), all in Township
- 1 -
Fourteen (14) South, Range Two (2) West of the 6th P.M., in Saline County,
Kansas, being 15 feet in width and used for ingress/egress purposes, the
centerline of which is described as follows: Commencing at the northwest
comer of said Northeast Quarter of Section 18, thence on an assumed bearing
ofN 90000'00" E along the North line of said Northeast Quarter a distance of
608.20 feet; thence S 00000'00" W a distance of 423.00 feet to the North
right-of-way line of Iron Avenue, said point being the POINT OF
BEGINNING of the centerline to be described; thence N 41045'10" E a
distance of 178.40 feet; thence N 23056'18" E a distance of 111.90 feet;
thence N 08051'46" E a distance of 189.90 feet to a point on the North line of
the Northeast Quarter of Section 18 which is also the South line of the
Southeast Quarter of Section 7; thence N 07026'50" W a distance of 109.83
feet; thence N 01051'03" E a distance of 130.49 feet; thence N 05057'32" E
a distance of 47.52 feet to the terminus point of said centerline. The sidelines
of said strip of land being prolonged or shortened to conform with the
Grantor's property line. Subject to easements, reservations, and restrictions
of record;
which is more particularly described and referred to on Exhibit "E" attached hereto and by
reference made a part hereof.
2. Easement to Run with Land. The easement created by this agreement is superior
and paramount to the rights of any of the parties hereto in the respective servient estates so
created, and the parties further agree that this is a covenant that shall run with the land.
3. Binding Effect. The easement herein granted and the other provisions contained
herein shall be binding upon and inure to the benefit of each of the parties hereto and their
respective heirs, personal representatives, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands as of
the day and year first above written.
BACHAMP
~ ~.~~~~
Monica M. Bachamp
~ T. p~
f E. Easter
-2-
SALINA
CITY OF SALINA
By:
Attest:
~~
Lieu Ann Nicola, City Clerk
FREEMAN
BABETTE S. FREEMAN TRUST NO.1
dated September 1, 1993
By: 6a..t.ffi 0/ J flJ e-rryt......)
Babette . Freeman, Trustee
By: t~r~e;;'~;::~:^'
SHELDON
SHELDON BROTHERS REAL ESTATE TRUST
dated July 1, 1992
By:
~:t,.~
Gerald L. Hunter, Trustee
By: ~:;';~i~~j:
- 3 -
State of Kansas )
) ss
County of Saline )
The foregoing instrument was acknowledged before me this '" ~ay of December,
2001, by Monica M. Bachamp and Jeffrey E. Easter, her husband.
~ &(' #~
- Not. ublic
My Appointment Expires:
~OTARY PUBLIC. Stale of Kansas
SIDNEY A. REfTZ
- . My Appt. Exp. Jan. 11, 2005
State of Kansas )
) ss
County of Saline )
The foregoing instrument was acknowledged before me this J.(1iday of December,
2001, by Kristin M. Seaton, Mayor, and Lieu Ann Nicola, City Clerk, of the City of Salina,
a Kansas municipality, on behalf of said municipality.
My Appointment Expires:
lo/7/o~
~ Notary~~b%~~a~~~nsas
My Appt. Expires ""
-4-
State of Kansas )
) ss
County of Saline )
The foregoing instrument was acknowledged before me this at day of November,
2001, by Babette S. Freeman and Raymond S. Freeman, as Trustees of the Babette S.
Freeman Trust No.1, dated September 1, 1993, on behalf of said trust.
aD~~;'J..Y'
Not I blic )
My Appointment Expires:
Se~ rv-.Lh.J q, ~S
I ....MIY....., ._~~
~..,~~:un .
State of Kansas )
) ss
County of Saline )
The foregoing instrument was acknowledged before me this~ day of November,
2001, by Gerald L. Hunter and Sidney A. Reitz, as Trustees of the Sheldon Brothers Real
Estate Trust, dated July 1, 1992, on behalf of said trust.
~!~ sA~
N ary Public ,-
My Appointment Expires:
a. JULIE A. MOHN
_ NoIary Public. State of Kansas
Ires
- 5 -
Bachamp Property
The West Seventy-Five (75) feet of the East Two Hundred Seventy-Three
(273) feet of Lot One (1) in Surveyor's Plat No. 34, City of Salina, Saline
County, Kansas, EXCEPT a tract described as beginning at the Southwest
comer of said property; thence North on the West line of said property, One
Hundred Sixty (160) feet; thence Northeasterly to a point on the East line of
said property, Two Hundred Fifty-Five (255) feet North of the Southeast
comer of said property; thence South Two Hundred Fifty-Five (255) feet to
the Southeast comer of said property; thence West Seventy-Five (75) feet
along the south line of said property to the point of beginning; and
A tract located in Lot Four (4) in Surveyor's Plat No. 18, City of Salina,
Saline County, Kansas, described as beginning at a point Two Hundred Sixty-
One (261) feet East of the Southwest comer of said Lot Four (4) in Surveyor's
Plat No. 18, City of Salina, Saline County, Kansas; thence North and parallel
to the West line of said Lot Four (4) a distance of One Hundred Twelve (112)
feet; thence West and parallel to the South line of Surveyor's Plat No. 18 a
distance of Seventy-Five (75) feet; thence South and parallel to the West line
of said Lot Four (4) a distance of One Hundred Twelve (112) feet; thence East
on the South line of Surveyor's Plat No. 18 a distance of Seventy-Five (75)
feet to the point of beginning.
Exhibit "A"
Salina Property
The East One Hundred Ninety-Eight (198) feet of Lot One (1) in Surveyor's
Plat 34, City of Salina, Saline County, Kansas; and
A tract located in the West Seventy-Five (75) feet of the East Two Hundred
Seventy-Three (273) feet of Lot One (1) in Surveyor's Plat 34, City of Salina,
Saline County, Kansas, described as beginning at the Southwest comer of said
property, thence North on the West line of said property One Hundred Sixty
(160) feet, thence Northeasterly to a point on the East line of said property Two
Hundred Fifty-Five (255) feet North of the Southeast comer of said property,
thence South Two Hundred Fifty-Five (255) feet to the Southeast comer of said
property, thence West Seventy-Five (75) feet along the South line back to the
point of beginning; and
A tract located in the West Three Hundred Sixty (360) feet of the East Six
Hundred Thirty-Three (633) feet of Lot One (1) in Surveyor's Plat 34, City of
Salina, Saline County, Kansas, described as beginning at the Southeast comer of
said property, thence West on the South line of said property One Hundred Fifty
(150) feet, thence Northeasterly to a point on the East line of said property One
Hundred Sixty (160) feet North of the Southeast comer of said property, thence
South at the East line of said property One Hundred Sixty (160) feet to the point
of beginning.
Exhibit "B"
Freeman Property
Part of Lot Four (4) in Surveyor's Plat Eighteen (18) described as beginning
at a point 261 feet East of the West line of said Lot Four (4) on the South line
thereof(being the South line of the Southeast Quarter (SE/4) of Section Seven
(7), Township Fourteen (14) South, Range Two (2) West of the 6th P.M.);
thence North 287 feet; thence East and parallel with the South line of said
Quarter Section 241 feet; thence North 130.2 feet; thence East and parallel
with said South line 271 feet (to the Northwesterly boundary of tract ofland
conveyed to the City of Salina by deed recorded in deed book 208 at pages 87-
88 in said County); thence Southwesterly along the northwesterly boundary
of a tract conveyed to the City of Salina to a point on the South line of said
Lot Four (4) 198 feet East of the point of beginning; thence West on said
South line 198 feet to the point of beginning.
Exhibit "C"
Sheldon Property
A tract of land commencing at a point 1,117.2 feet North of the Southeast
comer of the Southeast Quarter (SE/4) of Section Seven (7), Township
Fourteen (14) South, Range Two (2) West of the 6th P.M., in Saline County,
Kansas; thence Southwesterly to a point 844.8 feet West and 417.2 feet North
ofthe Southeast comer ofthe Southeast Quarter (SE/4) of said Section Seven
(7); thence running West and parallel with the South line of said Quarter
Section approximately 788.4 feet to a point 502 feet East of the West line of
Lot Four (4) Surveyor's Plat Eighteen (18); thence South and parallel with the
East line of said Section Seven (7) 130.2 feet; thence West 241 feet to a point
261 feet East of the West line of Lot Four (4) Surveyor's Plat Eighteen (18);
thence North to the center of the channel of Smoky Hill River; thence down
the center of the channel of said river to its intersection with the East line of
said Southeast Quarter (SE/4) of said Section Seven (7); thence South along
the East line of said Section Seven (7) to the point of beginning, said real
estate being a part of Lot Four (4), Surveyor's Plat Eighteen (18), part of the
North Half of the Southeast Quarter (N/2 SE/4), part of the East Half of the
Southwest Quarter (E/2 SW/4) and part of the South Half of the Northeast
Quarter (S/2 NE/4), all in Section Seven (7), Township Fourteen (14) South,
Range Two (2) West of the 6th P.M., lying South and East of the center ofthe
channel of the Smoky Hill River, in Saline County, Kansas, together with all
rights of ingress and egress to and from said property.
Exhibit "D"
Sheldon Property
Iron Pipe (damaged) in
concrete wlPVC around it
N 90000'00" E 241'
Legend
N 05'57'32" E
.7.52'
.K
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. Monument Found
&. Section Comer
M Measured Distance
D Described Distance
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Freeman Property
1 "=100'
N 90000'00" E 608.20'
Section 7
Northeast Corner
Sl8-T14S-R2W
Bar w/Alum. cap Stamped
"Saline County Surveyor" in
Water valve Box
Northwest Corner of
the Northeast Quarter
Sl8-T14S-R2W
1" Iron Pipe (518" ID)
Section 18
N90000'OO" E' 2037.01'
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Bachamp Property :r>
~' 'L orIS' Wide Ingressl
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Salina Property
Point of Beginning
15' Wide (Ingress/Egress Easement)
North right-of-way line of Iron Avenue
<Llron Avenue RIW
3 .
Exhibi.t "E"