Right-of-Way Purchase
AGREEMENT
This Agreement is made this JD -If.. day of Ap~: t , 2008, by and between THE
LUTHERAN CHURCH-MISSOURI SYNOD FOUNDATION, TRUSTEE OF THE JOSEPH
AND AUDREY KRONEBERGER CHARITABLE REMAINDER UNITRUST #2 DATED
SEPTEMBER 29, 2005 (the "Owner"), and the CITY OF SALINA, KANSAS, a municipal
~orporation, (the "City").
RECITALS
A. The City, in conjunction with the South Broadway and Hageman Avenue
Improvement Project (the Project), desires 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 original survey work for the project identified the need for the City to acquire
from the Owner a tract of right-of-way consisting of 1,730.35 square feet (the "Original Right-of-
Way").
C. The City and. the Owner entered into an Agreement for acquisition of the Original
Right-of-Way dated June 8, 2007 and compensated the Owner for the Original Right-of-Way in
the sum of$13,670 in exchange for a Right-of-Way Deed (the "Original Right-of-Way Deed").
D. Following the City's payment for the Original Right-of-Way, but prior to the
recording of the Original Right-of-Way Deed, the City was advised by its consulting engineers
for the Project that the Hageman Avenue right-of-way abutting the Owner's property on the west
was not as wide as originally identified, resulting in the need to acquire expanded right-of-way
and a temporary construction easement from the Owner.
E. The City has caused the expanded right-of-way and temporary construction
easement to be acquired to be appraised.
F. It is the desire of the Owner to convey the expanded 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:
1. Description of Right-of-Way. The expanded 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. Description of Temporary Construction Easement. The temporary construction
easement to be conveyed by the Owner to the City shall be as depicted and legally described on
the attached and incorporated Exhibit B (the "Temporary Construction Easement").
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3. Compensation. The City agrees to pay the Owner the total sum of Twenty-Seven
Thousand Eight Hundred Eighty-Eight Dollars ($27,880) for the Right-of-Way and Temporary
Easement consisting of the .following:
a.
Right-of-Way
$27,240
b.
Temporary Construction Easement
640
Total Compensation
$27,880
The City has previously compensated the Owner for the Original Right-of-Way in the amount of
$13,670. The City agrees to pay at closing the balance due from the City to the Owner in the
amount of.$14,21 o.
4. Future Access. The Owner has requested a letter from city staff addressing the
matter of future vehicular access to the Owner's property. The letter from Dean Andrew,
Director of Planning and Community Development, and Karlton Place, City Engineer, dated June
5,2007 is attached as.Exhibit C to this Agreement.
5; 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 D to this Agreement. The Owner agrees that the Temporary
Construction Easement shall be conveyed to the City by the Owner's execution and delivery to
the City of a Temporary Construction Easement document identical to the copy attached as
Exhibit E to this Agreement. The Right-of-Way Deed and the Temporary Construction
Easement document shall be recorded by the City with the office of the Saline County Register of
Deeds, at the expense of the City.
6. Covenant of Title. The Owner cov;enants that it is the lawful owner of the real
estate affected by the Right-of-Way and Temporary Construction Easement and is fully
authorized to convey title to the Right-of-Way and Temporary Construction 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. Closing. Closing shall take place simultaneously with execution of this
Agreement. At closing the Owner shall deliver to the City the fully executed and acknowledged
Right-of-Way Deed and Temporary Construction Easement documents and the City shall pay
Owner the total compensation set forth in paragraph (2) above.
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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.
THE LUTHERAN CHURCH-MISSOURI FOUNDATION,
TRUSTEE OF THE JOSEPH ANDAUDREY KRONEBERGER
CHARITABLE REMAINDER UNlTRUST #2 DATED
SEPTEMBER 29, 2005
. By T~.~~.P. Customer Support
CITY OF SALINA, KANSAS
By
~t1.~
ason A. Gage, City anager
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2
RIGHT OF WAY ACQUISITION
CNlNER: LCMS Foundation, Trustee of the Joseph and Audrey Kroneberger
Charitable Remainder Unitrust "'2. doted September 2.9, 2005 : NE Cor.
, . of NE!j.,
Cloud St. Sec. ' Lme ~
NORTH. LINE OF "~I OR I lOr OUARTER OF SECTION 26. Tl4S. R3W .
1,304.19'
P.O.C.
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LEGAL DESCRIPTION:
SEE PA(1E 2. OF 2
'This does not constitute a
legal survey, drawing is for
informational purposes only.'
EXHIBIT A
Page 1 of 2
Owner: LCMS Foundation, Trustee ofthe Joseph and Audrey Kroneberger
Charitable RemaInder UnJtrust #2 dated September.29, 2005
Broadway BoulevardJllage~an Avenue Intersection
Project # .85 U-2109-01
PUBLIC RIGHT OF WAY
LEGAL DESCRIPTION
A tract ofland located in the Northeast Quarter of Section 26, Township 14 South,'Range
3 West of the 6th P.M., in the City of Salina, Saline County, Kansas described as follows:
Commencing at the Northeast comer of said Northeast Quarter, thence on an assumed
bearing ofN 89048'16" W, along the North line of said Northeast Quarter, a distance of
1304.19 feet to a point 17.00 feet East of the centerline of Hageman Avenue extended;
Thence S 00010'47" E, along a line parallel with and 17.00 feet perpendicular distance
from said Hageman Avenue centerline, a distance of 284.82 feet to the point of
beginning;
Thence S 43013 '35" E a distance of 54.78 feet;
Thence S 00007'30" E a distance of 40.00 feet;
. Thence S 28009'14" W a distance of62.45 feet to a point on the Northeasterly right of
way of said Broadway Avenue;
Thence N 40 0 39'05" W, along said Northeasterly right of way, a distance of 11.89 feet
to a point being 17.00 feet perpendicular distance from the centerline extended of said
Hageman Avenue;
Thence N 00010'47' W, along said line being parallel and 17.09 feet perpendicular
distance from the centerline of Hageman Avenue and Hageman Avenue centerline
extended, a distance of 125.96 feet to the point of beginning.
Said Public Right of Way contains 3,447.55 square feet, more or less.
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EXHIBIT A
Page 2 of 2
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EASEMENT ACQUISITION
OHNER: LCMS Foundation. Trustee of the Joseph and Audrey Kroneberger
; Charitable Remainder Unitrust +2 dated September 2~. 2005 NE Cor.
Cloud St. Sec. Line ~ of NEif4
- -NORTH UN!' OF iYa AST QUARTER OF SECTION 26. T/4S.R3W ; ~ !\
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LEGAL DESCRIPTION:
SEE PAGE 2 OF 2
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EXHIBIT B
-Page 1 vi 2
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Scale: 1"=100'
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Owner: LCMS Foundation, Trustee of the Joseph and Audrey Kroneberger
Charitable Remainder Unitrust #2 dated September 29, 2005
Broadway BoulevardIHageman Avenue Intersection
Project # 85 U-2109-01
TEMPORARY EASEMENT
LEGAL DESCRIPTION
A tract ofland located in the Northeast Quarter of Section 26, Township 14 South, Range
3 West of the 6th P.M., in the City of Salina, Saline County, Kansas described as follows:
Commencing at the Northeast comer of said Northeast Quarter, thence on an assumed
bearing ofN 89"48'}6" W, along the North line of said Northeast Quarter, a distance of
1304.19 feet to a point 17.00 feet perpendicular east from the centerline of Hageman
Avenue extended;
Thence S 00010' 4T' E, along a line parallel with and 17.00 feet perpendicular distance
east from said Hageman Avenue centerline, a distance of262.82 feet to the point of
beginning;
Thence N 89"52'30" E a distance of 16.45 feet;
Thence S 00007'30" E a distance of39.56 feet;
. Thence N 43013'35" W, a distance of24.05 feet to a point being 17.00 feet
perpendicular distance east from the centerline of Hageman Avenue;
Thence N 00010' 4T' W, along said line being parallel with and 17.00 feet perpendicular
distance east:from the centerline of Hageman Avenue, a distance of22.00 feet to the
point of beginning.
Said Temporary Easement contains 506.04 square feet, more or less.
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EXHIBIT B
Page 2 of 2
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DEVELOPMENT SERVICES
PLANNING AND COMMUNITY DEVELOPMENT
Dean Andrew, Director of Planning
300 West Ash . P.O. Box 736
Salina, Kansas 67402-0736
City of
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Salina
TELEPHONE' (785) 309-5720
FAX. (785) 309-5713
TOO. (785) 309-5747
E-MAIL. dean.andrew((i}salina.oro
WEBSITE . www.sallna-ks.aov
June 5, 2007
The Lutheran Church - Missouri Synod Foundation
Trustee of the Joseph and Audrey Kroneberger
Charitable Remainder Unitrust #2
1333 South Kirkwood Road
St. Louis, MO 63122-7295
Attn: Wayne Sell
RE: Access from Broadway Blvd.
Dear Mr. Sell:
This letter is in regard to the current and future access to the trust's land holdings along Broadway
Blvd. Dating back to KDOT's acquisition ot right-ot-way for the U.S. Highway 81 By-pass, now
Broadway Blvd., there has been access control (restricted access) along the north side ot Broadway
between Hageman Avenue and South 9th Street. Requests for breaks in access control have been
reviewed at the time of platting but currently the only platted property along this corridor is the
property occupied by Coach's Bar & Grill.
The City Planning and Engineering staffs would be supportive of two access points I curb cuts to the
trust's land holdings, one opposite the realigned south leg of Hageman Avenue, which could be a
public street or private driveway, and a driveway opening on the portion of your holdings south of the
former Hageman School site. The actual location, dimensions and design of the driveways would be
pinned down during the platting process based on the proposed use of those properties.
The following is a summary of the current status of the trust's land holdings west and south of the
Hageman School site: .
Current Zoning:
Future Land Use Plan:
Platting:
Access Control:
Flood Plain:
West
MH-P (Manufactured Home Park)
Residential Apartments
Currently unplatted
Restricted access on Broadway
No
South
MH-P
Commercial Retail
Unplatted
Restricted access
No
The process for redeveloping this property would be for the potential developer to submit rezoning
and preliminary plat applications for the portion they wish to rezone and plat. The plat drawing would
show the lot layout and proposed access points to the property. The West tract could have access to
Hageman and Cloud Street in addition to a Broadway curb cut.
Exhibit C
Page 1 of 3
Pg2
Wayne Sell
June 5, 2007
In summary, staff would be supportive of a driveway entrance off of Broadway Boulevard for both the
West and South tracts of the trust's holdings with the final location and design being determined
through the platting process. If you have any questions about the current status of this property or
the platting process please feel free to contact Dean Andrew, Planning Director, at 309-5720.
Sincerely,
Sincerely,
CLJ~ttv p -v.r-
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Dean Andrew
Director of Planning and
Community Development
Karlton Place
City Engineer
Cc: Greg Bengtson, City Attorney
Exhibit C
Page 2 of 3
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Exhibit C
Page 3 of 3
RIGHT-OF-WAY DEED
TIDS INDENTURE, made this _ day of , 2008, by and between THE
LUTHERAN CHURCH-MISSOURI SYNOD FOUNDATION, TRUSTEE OF THE JOSEPH
AND AUDREY KRONEBERGER CHARITABLE' REMAINDER TRUST #2 DATED
SEPTEMBER 29, 2005 (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.
THE LUfHERAN CHURCH-MISSOURI FOUNDATION,
TRUSTEE OF THE JOSEPH ANDAUDREY KRONEBERGER
CHARITABLE REMAINDER UNITRUST #2 DATED
SEPTEMBER 29, 2005
By
T. J. Angus, Sr. V. P. Customer Support
By
Wayne R. Price, Assistant Secretary
Exhibit D
rm
STATE OF MISSOURI, COUNTY OF SAINT LOUIS, ss: .
This instrument was subscribed, sworn to, and acknowledged before me on --'
2008;by T. J. Angus and Wayne R. Price, as Sr. V. P. Customer Support and Assistant Secretary for
The Lutheran Church-Missouri Synod Foundation.
. Notary Public
[A real estate sales validation questionnaire isnot required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this _ day of . 2008, by and between THE
LUTHERAN .CHURCH-MISSOURI SYNOD FOUNDATION, TRUSTEE OF THE JOSEPH
AND AUDREY KRONEBERGER CHARITABLE REMAINDER TRUST #2 DATED
SEPTEMBER 29, 2005 (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, a temporary construction easement in, through, over, and across a certain portion ofland
owned by the Grantor, as legally described on the attached and incorporated Exhibit
A and depicted on the attached and incorporated Exhibit B (the "Temporary Easement"), 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 tenn 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 . 2008.
THE . LUTHERAN CHURCH-MISSOURI FOUNDATION,
TRUSTEE OF 1HE JOSEPH ANDAUDREY KRONEBERGER
CHARITABLE REMAINDER UNlTRUST #2 DATED
SEPTEMBER 29, 2005
By
T. J. Angus, Sr. V. P. Customer Support
By
Wayne R. Price, Assistant Secretary
Exhibit E
STATE OF MISSOURI, COUNTY OF SAINT LOUIS, ss;.
This instrument was subscribed, sworn to, and acknowledge before me on
--,2008, by T. J. Angus and Wayne R. Price, as Sr. V. P. Customer Support and Assistant
Secretary for The Lutheran Church-Missouri Synod Foundation.
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-
~
CERTIFICATE
The undersigned, Wayne R. Price, hereby certifies that he is the duly elected Assistant Secretary of THE
LUTHERAN CHURCH - MISSOURI SYNOD FOUNDATION, and that the following is a true and correct copy
of the Standard Operating Policies and Procedures Manual: (C) 2.15 Sale of Real Estate as reviewed annually
by the Board of Trustees.
Any contract for sale of real property may be signed by either the President, the Senior Vice
President - Trust Administration/Customer Support, or the Senior Vice President -
Finance/Administration alone or by any two of the following officers: the Vice President - Trust
Services, the Vice President - Gift Processing, or the Vice President - Investment Operations
without the prior approval of the Executive Committee of the Board of Trustees or the Board of
Trustees of the Foundation meeting in a regularly scheduled session.
All deeds and contracts for deeds consummating sales of real property shall be executed by (1)
the President, the Senior Vice President - Trust Administration/Customer Support, or the Senior
Vice President - Finance/Administration and (2) the Secretary or the Assistant Secretary of the
Foundation as required by appropriate governmental authority.
I further certify that the following is a true and correct list of those persons authorized and empowered by this
policy.
Thomas K. Ries, President
T. J. Angus, Senior Vice President - Trust Administration/Customer Support
Wayne R. Price, Senior Vice President - Finance/Administration and Assistant Secretary
Linda Batterson, Vice President - Trust Services
Paul Geidel, Vice President - Gift Review and Design
Richard Christenson, Vice President - Investment Operations
Roger Prigge, Secretary
IN WITNE~~ WHEREOF, the undersigned has executed this Certificate this ..1lJl!fI day of
.~/-// ,2008.
SEAL