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AGREEMENT
This Agreement is made this 11::. day of May, 2007, by and between KEITH E. OLSON
and JANICE J. OLSON, husband and wife, (the "Owner"), and the CITY OF SALINA,
KANSAS, a municipal corporation, (the "City").
RECITALS
A. The City, in conjunction with the South Broadway and Hageman Avenue
Improvement Project, wishes to acquire from the Owner certain right-of-way affecting a certain
portion of land owned by the Owner.
B. The City has caused the right-of-way to be acquired to be valued and has
negotiated a purchase pricc with the Owner.
C. It is the desire of the Owner to convey the right-of-way 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"Wav. 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 Exhibit A
(the "Right-of-Way").
2. Compensation. The City agrees to pay the Owner upon closing the total sum of
Ten Thousand Seven Hundred Dollars ($10,700.00) for the Right-of-Way.
3. 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 B to this Agreement. The Right-of-Way Deed shall be recorded by the
City with the office of the Saline County Register of Deeds, at the expense of the City.
4. Covenant of Title. The Owner covenants that it is the lawful owner of the rcal
estate affected by the Right-of-Way.
5. Partial Mortgage or Other Lien Release. In those cases where the Owner's
property is subject to mortgage or otherJiens 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.
6. Closing. Closing shall take place on or before June 15, 2007. At closing the
Owner shall:
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a. deliver to the City the fully executed and acknowledged Right-of-Way
Deed; 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 Owner the total compensation set forth in paragraph (2) 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.
"Owner"
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Keith E. Olson
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Ja 'c J. Olson
CITY OF SALINA, KANSAS
By
hrage, Deputy City Manager
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RIGHT OF WAY ACQUISIT
OWNER: Keith E. Olson & Janice J. Olson
SALINA. KS 67401
Cloud st. Sec. Line
NORTH LINE OF NORTHfAST QUARTER OF SECTION 26. T/4S. R3W
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LEGAL DESCRIPTION:
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Exhibit A
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Scale: 1'-100'
PAGE I OF 2
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Owner: KEITH E. OLSON and JANICE J. OLSON
Broadway Boulevard/Hageman Avenue Intersection
Project # 85 U-2109-01
PUBLIC RIGHT OF WAY
LEGAL DESCRIPTION
A tract of land located in Lot 2, Block I, Worsley Addition to the City of Salina, Saline
County, Kansas, more particularly described as follows:
Beginning at the North comer of said Lot 2, thence on an assumed bearing of S
40039'05"E, along the Southwesterly right of way of Broadway Boulevard and the
Northeasterly line of said Lot 2, a distance of75.85 feet;
Thence S 45032'14" W a distance of39.26 feet;
Thence S 18011 '43" W a distance of 67.01 feet to the West line of said Lot 2;
Thence N 00010'47" W along said West line a distance of 148.70 feet to the point of
beginning.
Said Public Right of Way contains 3,056.25 square feet, more or less.
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Exhibit A
Page 2 of2
RIGHT-OF-WAY DEED
TIIIS INDENTURE, made this _ day of June, 2007, by and between KEITH E.
OLSON and JANICE J. OLSON, husband and wife (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 B
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.
Keith E. Olson
Janice J. Olson
STATE OF KANSAS, SALINA COUNTY, ss:
This instrument was subscribed, sworn to, and acknowledged before me on June --,2007, by
Keith E. Olson and Janice J. Olson, husband and wife.
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-l437e(a)(13)]
Exhibit B
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( ~..,^ . REBECCA SEEMAN
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{-;-i;""""-;. \ Book: 1161 Page: 793
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-\..0[('(111,/.; Receipt #: "'"'858 N Recording Fe.: .
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Date Recorded: 1012'112007 B:23:56 AM J
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Grantor
Grantee
Type of Document
Recordinq Fees
Mtg Reg Tax
Total Amount
Return Address
Riqht-of-way Deed
$20,00
$0,00
$20,00
CLARK MIZE & LINVILLE CHARTERED
GREG A BENGTSON
PO BOX 380
SALINA, KS 67402-0380
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Book; llbl Page; 794
RIGHT-OF-WAY DEED
THIS INDENTURE, made this l.~l.-day of June, 2007, by and between KEITH E.
OLSON and JANICE J. OLSON, husband and wife (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 B
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.
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Keith'E. Olson
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STATE OF KANSAS, SALINA COUNTY, ss:
This instrument was subscribed, sworn to, and acknowledged before me on Jun~, 2007, by
Keith E. Olson and Janice J. Olson, husband and wife.
Jb~ O~
Notary Public
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[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(l3)]
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Owner: KEITH E. OLSON and JANICE J. OLSON
Broadway BoulevardlHageman Avenue Intersection
Project # 85 U-2109-01
PUBLIC RIGHT OF WAY
LEGAL DESCRIPTION
Book: 11~1 Page: 795
A tract ofland located in Lot 2, Block I, Worsley Addition to the City of Salina, Saline
County, Kansas, more particularly described as follows:
Beginning at the North corner of said Lot 2, thence on an assumed bearing of S
40"39'05"E, along the Southwesterly right of way of Broadway Boulevard and the
Northeasterly line of said Lot 2, a distance of 75.85 feet;
Thence S 45032'14" W a distance of39.26 feet;
Thence S 18011 '43" W a distance of 67.01 feet to the West line of said Lot 2;
Thence N 00"10'47" Walong said West line a distance of 148.70 feet to the point of
beginning.
Said Public Right of Way contains 3,056.25 square feet, more or less.
Exhibit A
Page 2 of2
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RIGHT OF WAY ACOUISIT~k: llc1 Page: 7%
OWNER: Keith E. Olson & Janice J. Olson
SALINA. KS 67401
Cloud St. Sec. Line
NORTH LINE OF NORTHrAST QUARTER OF SECT/ON 26. T/4S, R3W I
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Exhibit B
PAGE I OF 2
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,."'''^., REBECCA SEEMAN
/.~.....~.e""\REGISTER OF DEEDS SALINE COUNTY KANSAS
i ('J'(~~''''';;{<'BOok: 1161 Pa'ge: 797
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I~:...,.?[l\'l.~.,/..j Receipt #: ~"1B5B N...... Recording Fe.: '9.00
II\t...."".~...1 Pagee Recorded: 2 C.... ~1l~
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Date Recorded: 10/24/2007 8:23:57 AM
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PARTIAL REAL ESTATE MORTGAGE RELEASE
The undersigned Mortgagee acknowledges that the City of Salina, Kansas desires to
acquire public right-of-way affecting real estate subject to a mortgage held by Mortgagee, which
mortgage is hereby released in part, strictly to the extent it affects the public right-of-way to be
acquired, as follows:
1. The name of Mortgagor is: Keith E. Olson and Janice J. Olson, husband and
wife.
2. The name of Mortgagee is: Bennington State Bank) in Book 469 Page 614
3. The date of the Mortgage is: May 24,1993.
4. The Mortgage was recorded: June 14, 1993.
5. That portion of the real estate subject to the Mortgage as released by this partial
release is legally described on the attached and incorporated Exhibit A.
6. This partial release shall not affect the lien of the Mortgage as it applies to the
remaining real estate described in the Mortgage.
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Dated this J.S day of October, 2007.
BENNINGTON STATE BANK
By:
au. V-P
t, Vice President
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on thiS~ day
Doug Alt in his capacity as Vice President of Bennington State Bank.
of October, 2007, by
A. MINDY A. BERRY
- NOlary Public - Slale 9f Kan...
My Ap t. Ex ires A ust 14. 2011
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Notary Pu 1 .
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Owner: KEITH E. OLSON and JANICE J. OLSON
Broadway Boulevard/Hageman Avenue Intersection
Project # 85 U-2109-01
PUBLIC RIGHT OF WAY
LEGAL DESCRIPTION
Book: 1161 Page: 798
A tract ofland located in Lot 2, Block I, Worsley Addition to the City of Salina, Saline
County, Kansas, more particularly described as follows:
Beginning at the North comer of said Lot 2, thence on an assumed bearing of S
40039'05" E, along the Southwesterly right of way of Broadway Boulevard and the
Northeasterly line of said Lot 2, a distance of75,85 feet;
Thence S 45032'14" W a distance of39,26 feet;
Thence S 18011 '43" W a distance of67,01 feet to the West line of said Lot 2;
Thence N 00010'47" Walong said West line a distance of 148,70 feet to the point of
beginning,
Said Public Right of Way contains 3,056.25 square feet, more or less,
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Exhibit A
Page 2 of2
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