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Block 14 & 15 " . " .. Mi~c. Bk l ~~ PI! ';/;? ~ PERMANENT EASEMENT TIllS INDENTURE, made this 1M.. day of ~~-, 1992, by and between MARY I- MARQUELING and LOUISE MARQ~ TRUSTEES OF THE MARY I- MARQUELING REVOCABLE INTERVIVOS TRUST UlDff AUGUST 17, 1982, (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. IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement this / ~ ...lL day of ~~ 1992. MARY L. MARQUELING REVOCABLE INTER VIVOS TRUST ulDrr AUGUST 17, 1982 f. v A STATE OF KANSAS l 5S/. N ) COUNTY OF SALINE 5 L / FILED FOR RECORD IN MY OFFICE ON SEP 2 4. 1992 AT ,,/ 6': .:!QO'CLOCt4~A.A' U,L Y RECORDEQ . .1.-1'¿ By::fk<A ~ ~1Jç V<-f~ VOL. a T PAGE~ Louise Marqueling, rusfee EG. OF DEEDS arqueling, T 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 MARY I- MARQUELING CO- TRUSTEE OF THE MARY I- MARQUELING REVOCABLE INTERVIVOS TRUST ulDrr AUGUST 17, 1982, 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 Trust. L/ t Mi~I'.,~!( .~~~ Pp, .':£Jj IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. Notary Public 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 LOUISE MARQUELING CO- TRUSTEE OF THE MARY I- MARQUELING REVOCABLE INTERVIVOS TRUST UlDff AUGUST 17, 1982, 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 Trust. 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)] ~I ~.\ UJ STATE OF CALlFOR~IA /? ¿;? COUNTY OF ~ ~ On this the /9~ day of ~ the undersigned otary Pu.blic, pers all appeared E CD ...J E c( 0> a:i ~~ w c: C)tí <C r:z. personally known to me E::ì proved to me on the basis of satisfactory evidence to be the personW whose name(~ a......L subscribed to the within instrument and acknowledged to me that ~ executed the same in -:z:t1.:.....1 authorized capacity(ies) and that by ~ signature(s) on the instrument the person(s), or UJ I the entity upon behalf of which the person(s) acted, executed the instrument. ~I ;a¿;Pj ~ Notary's Signature OFFICIAl. SEAl. MIKEL PACK RICHARDSON NOTARY PUBLIC . CAlIFORNIA PRINCIPAl. OFFICE '" SAHT A BAR8ARA COUNtY .., CoaunisIicm Exp. JuIJ 20. 1993 FOR NOTARY SEAL OR STAMP -2- " ". ." Misc. Bk ~ PI[ q~ r 11111111 BUCHER, WilliS & RATLIFF III'I'I~ ENGINEERS. PLANNERS. ARCHITECTS TRACT NO. 38 Permanent Easement Owner: Mary L. Marqueling Revocable Inter-Vivos Trust A tract of land located in the North Half (N%) of the Northwest Quarter (NW~) of Section Thirty-One (31), Township Fourteen South (14S), Range Two West (2W), of the Sixth Principal Meridian in Saline County, Kansas, being more particular1y described as follows: Commencing at the Northwest comer of said NW%; thence N 88° 55' 36R E along the North line of said NWV4 a distance of 551.24 feet; thence S 0° 01' 41- E a distance of 50.00 feet to the South Right-at-Way line of Magnolia Road. said point also being the POINT OF BEGINNING; thence N 88° 55' 36- E along the South Right-Of-Way line of Magnolia Road a distance of 1653.01 feet; thence S 0° 36' 24R E a distance of 30.00 feet; thence S 88° 55' 36R W a distance of 953.84 feet; thence S 0° 05' 04- E a distance of 1249.97 feet to the South line of said N% of said NWV4; thence S 89° 18' 38R W along the South line of said NY2 of said NW% a distance of 30.00 feet; thence N 0° 05' 04R W a distance of 1249.77 feet; thence S 88° 55' 36- W a distance of 669.47 feet; thence N 0° 01' 41" W a distance of 30.00 feet to the POINT OF BEGINNING. The above described tract contains 1.999 acres more or less. EXHIBIT A '11 "" Q.. ~ .>c CD Ù '" ~ . ;.. H .+: .~ ~ & ::J. ~ 8-1 ci5~ I J l I I I I I r:¡ ~ I ~ I I I I PERMANENT EASEMENT Tract No. 38 50,00' S cr 01' 41" E ---------------- MAGNOLIA ROAD r--- I 30.00' N 0" 01' 41'--W I I I I I I I I 1653.01' N 88" 55' 36" E S 88' 55' 36" W LEGEND .ð. Section Comer - - - Rood Right-at-Way I I Permanent Easement 30.00' S 8IT 18' N Scale: 1"=100' w EXHIBIT B ---- 30.00" S 0" 36' 24" t t ~ 0"'- Q ,~ AGREEMENT This Agreement is made this /{HL day Of~( , 1992, by and between MARY 1- MARQUELING and LOUISE MARQ G, CO- TRUSTEES OF THE MARY I- MARQUELING REVOCABLE INTERVIVOS TRUST UlDff AUGUST 17, 1982, hereinafter referred to as the "Grantor," and the CITY OF SALINA, KANSAS, a municipal corporation, hereinafter referred to as the "City." REClT 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 Four Thousand Eight Hundred Nine and 68/100 Dollars ($4,809.68) for the permanent and temporary easements, consisting of the following: 1. Permanent Easement (1.999 acres at $1,000 per acre) $1,999.00 2. Temporary Easement (3.774 acres at $500 per acre) 1,887.00 3. Damages to remaining property (Loss of crops) 923.68 Total Compensation $4,809.68 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 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 .lJ;.¡;&~,~ !() I J 9 f2~ . 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, 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 wrrNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. MARY L MARQUELING REVOCABLE INTER VIVOS TRUST UlDff AUGUST 17, 1982 / / þ IJJ ' \ Byrt~' ~~~ Louise Marqueling, us e (J CITY OF SALINA, KANSAS 7 By ~^ Dennis M. Kissinge City Manager -3- . 11It11111 BUCHER, WilliS & RATLIFF 11It'1'1~ ENGINEERS. PLANNERS. ARCHiTECTS TRACT NO. 38 Permanent Easement Owner: Mary L. Marqueling Revocable Inter-Vivos Trust A tract of land located in the North Half (N%) of the Northwest Quarter (NW'A) of Section Thirty-One (31), Township Fourteen South (14S), Range Two West (2W), of the Sixth Principal Meridian In Saline County, Kansas, being more particularly described as follows: Commencing at the Northwest comer of said NWA; thence N 88° 55' 36ft E along the North line of said NWV4 a distance of 551.24 feet; thence S 0° 01' 41ft E a distance of 50.00 feet to the South Right-Of-Way line of Magnolia Road. said point also being the POINT OF BEGINNING; thence N 88° 55' 36ft E along the South Right-Of-Way line of Magnolia Road a distance of 1653.01 feet; thence S 0° 36' 24ft E a distance of 30.00 feet; thence S 88° 55' 36ft W a distance of 953.84 feet; thence S 0° 05' 04ft E a distance of 1249.97 feet to the South line of said NY2 of said NW1J4; thence S 89° 18' 38ft W along the South line of said N% of said NW1J4 a distance of 30.00 feet; thence N 0° 05' 04ft W a distance of 1249.77 feet; thence S 88° 55' 36ft W a distance of 669.47 feet; thence N 0° 01' 41ft W a distance of 30.00 feet to the POINT OF BEGINNING. The above described tract contains 1.999 acres more or less. TRACT NO. 38A Temporary Construction Easement Owner: Mary L. Marqueling Revocable Inter-Vivos Trust A tract of land located in the North Half (NV2) of the Northwest Quarter (NW1J4) of Section Thirty-One (31), Township Fourteen South (14S), Range Two West (2W), of the Sixth Principal Meridian in Saline County, Kansas, being more particularly described as follows: .Commencing at the Northwest comer of said NW/4; thence N 88° 55' 36ft E along the North line of said NW1J4 a distance of 551.24 feet; thence S 0° 01' 41 ft E a distance of 50.00 feet to the South Right-Of-Way line of Magnolia Road, said point also being the POINT OF BEGINNING; thence N 88° 55' 36ft E along the South Right-Of-Way line of Magnolia Road a distance of 1653.01 feet; thence S 0° 36' 24" E a distance of 80.00 feet; thence S 88° 55' 36. W a distance of 904.29 feet; thence S 0° OS' 04ft E a distance of 1200.30 feet to the South line of said NV2 of said NW1f4; thence S 89° 18' 38ft W along the South line of said N% of said NW% a distance of 110.01 feet; thence N 0° OS' 04 ft W a distance of 1219.56 feet; thence S 88° 55' 36ft W a distance of 639.49 feet; thence N 0° 01' 41 ft W a distance of 60.01 feet to the POINT OF BEGINNING, less Tract No. 38. The above described tract contains 3.774 acres more or less. EXHIBIT A I I J PERMANENT EASEMENT Tract No. 38 50.00' S 0" 01' 41" E - - ,- - - - - - - - - - - - - - - - - l ,--- I BEGiNNING I 30,00' N 0" 01' 41' W I I I I I II:¡ ~ I I ~ I I I I I I I I I I I MAGNOLIA ROAD 1653.01' N8S" 55' 3 S 8S" 55' 3ft -W LEGEND D. Section Comer - - - Rood Right-of-Way L______-- . ] Permanent Easement E N Scale: '"=100' w EXHIBIT B ---- 30.00' S rr 36' 24" E PERMANENT EASEMENT TIllS INDENTURE, made this - day of , 1992, by and between MARY I- MARQUELING and LOUISE MARQUELING, CO-TRUSTEES OF THE MARY I- MARQUELING REVOCABLE INTERVIVOS TRUST UlDff AUGUST 17, 1982, (the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation (the "City"). WffNESSETH: 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 Grantor has signed this Permanent Easement this - day of , 1992. MARY L MARQUELING REVOCABLE INTER VIVOS TRUST ulDrr AUGUST 17, 1982 By Mary L Marqueling, Trustee By Louise Marqueling, Trustee 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 MARY L MARQUELING CO-TRUSTEE OF THE MARY L MARQUELING REVOCABLE INTERVIVOS TRUST UlDff AUGUST 17,1982, 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 Trust. EXHIBIT D IN WITNESS WHEREOF, I have hereunto subscribed my name and affIXed my official seal the day and year last above written. Notary Public 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 LOUISE MARQUELING CO-TRUSTEE OF TIlE MARY L. MARQUELING REVOCABLE INTERVIVOS TRUST UlDff AUGUST 17, 1982, 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 Trust. 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)] -2- - 11It11111lt BUCHER, WilliS & RATLIFF 11It'1'1~ ENGINEERS. PLANNERS. ARCHiTECTS TRACT NO. 38 Permanent Easement Owner: Mary l. Marqueling Revocable Inter-Vivos Trust A tract of land located in the North Half (NY2) of the Northwest Quarter (NWV.) of Section Thirty-One (31), Township Fourteen South (14S). Range Two West (2W), of the Sixth Principal MeriÖlan In Saline County, Kansas, being more particularty described as follows: Commencing at the Northwest comer of said NW'.4; thence N 88° 55' 36w E along the North line of said NWV. a distance of 551.24 feet; thence S 0° 01' 41 w E a distance of 50.00 feet to the South Right-Of-Way line of Magnolia Road, said point also being the POINT OF BEGINNING; thence N 88° 55' 36w E along the South Right-Of-Way line of Magnolia Road a distance of 1653.01 feet; thence S 0° 36' 24 w E a distance of 30.00 feet; thence S 88° 55' 36w W a distance of 953.84 feet; thence S 0° 05' 04w E a distance of 1249.97 feet to the South line of said NY2 of said NWV.; thence S 89° 18' 38w W along the South line of said NY2 of said NWY. a distance of 30.00 feet; thence N 0° 05' 04w W a distance of 1249.77 feet; thence S 88° 55' 36w W a distance of 669.47 feet; thence N 0° 01' 41w W a distance of 30.00 feet to the POINT OF BEGINNING. The above described tract contains 1.999 acres more or less. EXHIBIT A I I J l I I I I I ~ I Q Š I I I I PERMANENT EASEMENT Tract No. 38 50.00' S (j 01' 41" E -------------- MAGNOLIA ROAD r--- I 30.00' N rr 01' 41. W I I I I I I I I 1653.01' N 88' 55' 36" E S 88' 55' 36" W LEGEND L::ò. Section Comer - - - Rood Right-at-Way L_- J Permanent Easement 0.00' S 81r 18' 3, N Scale: 1'=100' w EXHIBIT B ---- 30.00' S rr 36' 24' ¡ TEMPORARY EASEMENf TIllS INDENTURE, made this - day of , 1992 by and between MARY I- MARQUELING and WUlSE MARQUELING, CO-TRUSTEES OF THE MARY I- MARQUELING REVOCABLE INTERVIVOS TRUsr UlDrr AUGUST 17, 1982, (the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation (the "City"). wrrNESSETH: 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. MARY L. MARQUELING REVOCABLE INTERVIVOS TRUST ulDrr AUGUST 17, 1982 By Mary L. Marqueling, Trustee By Louise Marqueling, Trustee 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 MARY L MARQUELING CO-TRUSTEE OF THE MARY I- MARQUELING REVOCABLE INTERVIVOS TRUST UlDff AUGUST 17, 1982, 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 Trust. EXHIBIT E IN WITNESS WHEREOF, I have hereunto subscribed my name and affIXed my official seal the day and year last above written. Notary Public 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 LOUISE MARQUELING CO-TRUSTEE OF THE MARY I- MARQUELING REVOCABlE INTERVIVOS TRUST OID/f AUGUST 17,1982, 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 Trust. 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)] -2- - 1811118 BUCHER, WilliS & RATLIFF 11It'1'11II..... ENGINEERS. PLANNERS. ARCHiTECTS THAt.; I NU. ,jö/"\ Temporary Construction Easement Owner: Mary L Marqueling Revocable Inter-Vivos Trust A tract of land located in the North Half (NY2) of the Northwest Quarter (NW~) of Section Thirty-One (31), Township Fourteen South (14S), Range Two West (2W) , of the Sixth Prindpal Meridian in Saline County, Kansas, being more particularty described as follows: .Commencing at the Northwest comer of said NW1.4; thence N 88° 55' 36" E along the North line of said NW1,4 a distance of 551.24 feet; thence S 0° 01' 41~ E a distance of 50.00 feet to the South Right-Of-Way line of Magnolia Road, said point also being the POINT OF BEGINNING; thence N 88° 55' 36~ E along the South Right-Of-Way line of Magnolia Road a distance of 1653.01 feet; thence S 0° 36' 24" E a distance of 80.00 feet; thence S 88° 55' 36- W a distance of 904.29 feet; thence S 0° OS' 04" E a distance of 1200.30 feet to the South line of said NY2 of said NW1I4; thence S 89° 18' 38~ W along the South line of said NY2 of said NW1,4 a distance of 110.01 feet; thence N 0° OS' 04 ~ W a distance of 1219.56 feet; thence S 88° 55' 36~ W a distance of 639.49 feet; thence N 0° 01' 41 ~ W a distance of 60.01 feet to the POINT OF BEGINNING, less Tract No. 38. The above described tract contains 3.774 acres more or less. EXHIBIT A I I J l I ~ I BEGINNING I 60.01' I I I II f] 01' .W W I I I ~ ~ I I ~ I I I I I I I I I I I TEMPORARY CONSTRUCTION EASEMENT Tract No. 38A 50.00' S (j 01' 41' E ------------- MAGNOUA ROAD LEGEND N ð. Section Comer - - - Rood Right-at-Way V / / /, f~r;:~~~7 Construction Scele: 1"=100' 110.01' S8g' 18' w ~ H H ~ H ~ ~ ---- 80.00' S 0' 36' 24' E