ROW/Temporary Construction Easement
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AGREEMENT
This Agreement is made this L day of OC/o be...., 2007 by and among MARY L.
GRINGERE, as Trustee of the Mildred I. Miller Revocable Trust; MARY L. GRINGERE,
individually; DONALD W. MILLER; RALPH E. MILLER, (collectively, the "Owner"); and the
CITY OF SALINA, KANSAS, a municipal corporation, (the "City").
RECITALS
A. The City, in conjunction with the South Ohio Improvement Project, wishes to
acquire from the Owner certain right-of-way and a temporary construction easement affecting a
certain portion of land owned by the Owner.
B. The City has caused the right-of-way and temporary construction easement to be
acquired to be valued and has agreed upon a purchase price with the Owner.
C. It is the desire of the Owner to convey the right-of-way and temporary
construction 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:
I. Description of Right-of-Way. The right-of-way to be conveyed by the Owner to
the City shall be as depicted and legally described on the attached and incorporated Exhibits A
and B (the "Right-of-Way").
2. Description of 245.7 Square Foot Temporary Easement. The 245.7 square foot
temporary construction easement to be conveyed by the Owner to the City shall be as depicted
and legally described on the attached and incorporated Exhibits C and D (the "245.7 square foot
Temporary Easement").
3. Compensation. The City agrees to pay the Owner upon closing the total sum of
Sixteen Thousand Nine Hundred and Ninety Dollars and Ninety-nine Cents ($16,990.99) for the
Right-of-Way and Temporary Easement consisting of the following:
a.
Right-of-Way
$16,490.99
b.
245.7 Square Foot Temporary Easement
$500
Total. Compensation
$16,990.99
4. Documents. The Owner agrees that the Right-of-Way shall be conveyed to the
City by the Owner's execution and delivery to the City of a Right-of-Way Deed identical to the
copy attached as Exhibit E to this Agreement. The Owner agrees that the Temporary Easement
shall be conveyed to the City by the Owner's execution and delivery to the City of a Temporary
Easement document identical to the copy attached as Exhibit F to this Agreement. The Right-of-
Way Deed and the Temporary Easement document shall be recorded by the City with the office
of the Saline County Register of Deeds, at the expense of the City.
5. Term of Possession. The Temporary Easement shall be effective for a term
commencing upon the date of the Temporary Easement document and ending two years
thereafter.
6. Covenant of Title. The Owner covenants that it is the lawful owner of the real
estate affected by the Right-of-Way and Temporary Easement.
7. Partial Mortgage or Other Lien Release. In those cases where the Owner's
property is subject to mortgage or other liens or encumbrances, the Owner shall at closing deliver
to the City a duly executed and acknowledged partial mortgage release or release of lien,
releasing that portion of the real estate to which the Right-of-Way relates from any mortgage or
other lien encumbrance. Any partial mortgage release or other lien release documents shall be
recorded by the City with the office of the Saline County Register of Deeds, at the expense of the
City.
8.
Owner shall:
Closing. Closing shall take place on or before October 31, 2007. At closing the
a.
deliver to the City the fully executed and acknowledged Right-of-Way
Deed and Temporary Easement documents, and
b.
provide the City with any other necessary information such as the Owner's
current mailing address and tax identification number,
at which time the City shall pay all past due property taxes (currently in the amount of$5,050.99)
for 2645 S. Ohio, Salina, Kansas to the Saline County Treasurer's Office. At the request of the
Owners, the City shall then divide Eleven Thousand Nine Hundred and Forty Dollars ($11,940)
into three equal shares and pay one share in the amount of Three Thousand Nine Hundred and
Eighty Dollars ($3,980.00) to Mary L. Gringere; one share in the amount of Three Thousand
Nine Hundred and Eighty Dollars ($3,980.00) to Donald W. Miller; and one share in the amount
of Three Thousand Nine Hundred and Eighty Dollars ($3,980.00) to Ralph E. Miller which shall
account for the total compensation noted in paragraph 3 above.
9. Nonassignable. The Owner's rights under this Agreement shall not be assigned
without the prior written consent of the City.
10. Binding Effect. The terms of this Agreement shall be binding upon and inure to
the benefit of the heirs, executors, administrators, successors, and authorized assigns of the
parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year
first above written.
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"Owner"
M~':1tg~~eOfThe
Mildred L Miller Revocable Trust
?lJ tJl. "dAd
Mary ~ngere, i~UallY
;9O?ZdJ w ;?l1Jt~
Donald W. Miller
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CITY OF SALINA, KANSAS
By:
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J son A. Gage, City
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TRACT NO. 16
OWNER: Mildred I. Miller, Revocoble Trust and MHdred I. Miller
AREA: 4.500 square feet
NW/4
S 31-TI4S-R2W
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Scale I" = 100'
Existing 30' Easement for
Road Right-of-Way Purposes
b Point of Beginning
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~ South line of NW/4
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SW corner of NW/4
S 31- TI4S-R2W
The accompanying plat does not
constitute a boundary survey.
WIISOJIf
&COMPANY
1700 E. Iron
S~lIM, KS 67401
785-827-0433
Exhibit: A
South Ohio Street
Project No: 85 V-2005-0l
Tract 16
Mildred 1. Miller, Revocable Trust and Mildred 1. Miller
RIGHT OF WAY
A tract of land in the South half of the Northwest Quarter of Section 31,
Township 14 South, Range 2 West of the 6th P.M., in Saline County, Kansas and
described as follows:
Beginning at a point on the West line 292.00 feet North of the Southwest comer
of said Quarter Section;
Thence Easterly and parallel with the South line of said Quarter Section, a
distance of 60.00 feet;
Thence Northerly and parallel with the West line of said Quarter Section, a
distance of 150.00 feet;
Thence Westerly and parallel with the South line of said Quarter Section, a
distance of60.00 feet to a point on the West line of said Quarter Section;
Thence Southerly along said West line, a distance of 150.00 feet to the Point of
Beginning,
Described tract contains
Existing Easement for Road Right-of-Way Purposes contains
New Acquisition contains
9,000 square feet, more or less
4,500 square feet, more or less
4,500 square feet, more or less
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Exhibit: B
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LEGAL DESCRIPTION:
SEE PAGE 2 OF 2
EASEMENT ACQUISITION
OWNER: Mildred I. Miller, Revocable Trust and Mildred I. Miller
SALINA. KS 67401
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A Tract in 512 NW'!4
Sec. 31 T/4S R2W
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7.02'
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Exhibit C
'This does not constitute a
legal survey, drawing is for
informatinnnl 01 frnn.l::p.c: nn!ll 11
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South Ohio Street
Project No: 85 U-2005-01
Tract 16
Mildred 1. Miller, Revocable Trust and Mildred 1. Miller
TEMPORARY EASEMENT
A tract of land in the South half of the Northwest Quarter of Section 31,
Township 14 South, Range 2 West of the 6th P.M., in Saline County, Kansas and
described as follows:
Commencing at the Southwest comer of said Quarter Section, thence on an
assumed bearing ofN 00 0 11'45 E, along the west line of said Quarter Section, a distance
307.77 feet;
Thence S 89048 '15" E a distance of 60.00 feet to the point of beginning;
Thence N 00 0 11'45" E, parallel with and 60.00 feet perpendicular distance to
said west line, a distance of35.00 feet;
Thence S 89 048'15" E a distance of7.02 feet;
Thence S 00011'45" W a distance of35.00 feet;
Thence N 89 0 48' 15" W a distance of7.02 feet to the point of beginning.
Said tract contains 245.7 square feet, more or less.
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Exhibit D
RIGHT-OF-WAY DEED
THIS INDENTURE, made this _ day of October, 2007 by and among MARY L.
GRINGERE, as Trustee of the Mildred I. Miller Revocable Trust; MARY L. GRINGERE, a
single person; DONALD W. MILLER, a single person; RALPH E. MILLER, a single person,
(collectively, the "Grantor"); and the CITY OF SALINA, KANSAS, a municipal corporation,
(the "City").
WITNESSETH: That the Grantor, for good and valuable consideration, does hereby
convey unto the City that certain portion of land owned by the Grantor as legally described on
the attached and incorporated Exhibit A and depicted on the attached and incorporated Exhibit 8
as public right-of-way, in perpetuity, (the "Right-of-Way") for the purposes of locating,
constructing, excavating, and maintaining: .
A. Public means of transportation including roadways, streets, bridges,
sidewalks, paths, crosswalks, and traffic control devices;
B. Public drainage structures including, but not limited to, culverts, pipes,
levees, and channels;
C. Public landscaping and other aesthetic improvements; and
D. Poles, wires, conduit, pipeline, and junction boxes for the purposes of
conducting, transmitting, and distributing water, sewage, electricity, gas, and electronic
communications by the City, its franchisees, and its licensees.
IN WITNESS WHEREOF, the Grantor has hereunto caused this instrument to be
executed the day and year first above written.
Mary L. Gringere, as Trustee of The
Mildred l. Miller Revocable Trust
Mary L. Gringere
Exhibit E
Donald W. Miller
Ralph E. Miller
STATE OF KANSAS, SALINE COUNTY, ss:
This instrument was subscribed, sworn to, and acknowledged before me on October --'
2007, by Mary L. Gringere, as a single person, and as Trustee of The Mildred 1. Miller Revocable
Trust.
Notary Public
STATE OF KANSAS, SALINE COUNTY, ss:
This instrument was subscribed, sworn to, and acknowledged before me on October --'
2007, by Donald W. Miller.
Notary Public
STATE OF KANSAS,
COUNTY, ss:
This instrument was subscribed, sworn to, and acknowledged before me on October -----'
2007, by Ralph E. Miller.
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-l437e(a)(13)]
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TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this _ day of October, 2007, MARY L. GRINGERE, as
Trustee of the Mildred I. Miller Revocable Trust; MARY L. GRINGERE, a single person;
DONALD W. MILLER, a single person; RALPH E. MILLER, a single person, (collectively, 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, temporary construction easements in, through, over, and across a certain portion of land
owned by the Grantor, as legally described and depicted on the attached and incorporated Exhibit
A (the "Temporary Easements"), for all rights of ingress and egress of the City, its employees,
contractors, and franchisees, for the purpose of matching grade between project improvements
and improvements such as driveways and sidewalks, for a term of two (2) year commencing with
the date of this indenture.
IN WITNESS WHEREOF, the Grantor has signed this Temporary Construction
Easement this _ day of October, 2007.
Mary L. Gringere, as Trustee of The
Mildred I. Miller Revocable Trust
Mary L. Gringere
Donald W. Miller
Exhibit: F
.
Ralph E. Miller
STATE OF KANSAS, SALINE COUNTY, ss:
This instrument was subscribed, sworn to, and acknowledged before me on October --'
2007, by Mary L. Gringere, as a single person, and as Trustee of The Mildred L Miller Revocable
Trust.
Notary Public
STATE OF KANSAS, SALINE COUNTY, ss:
TIlls instrument was subscribed, sworn to, and acknowledged before me on October --'
2007, by Donald W. Miller.
Notary Public
STATE OF KANSAS,
COUNTY, ss:
TIlls instrument was subscribed, sworn to, and acknowledged before me on October --'
2007, by Ralph E. Miller.
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
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