Real Estate Agreement (Right-of-Way)
AGREEMENT
This Agreement is made thiS~ of September, 2010, by and between MAX
EUGENE FULLER and MARILYN SUE FULLER, husband and wife, (the "Owners"), and the
CITY OF SALINA, KANSAS, a municipal corporation, ~the "City").
RECITALS
A. The City, in conjunction with the Pacific Avenue Improvement Project, wishes to
acquire from the Owners a right-of-way affecting a certain portion of land owned by the Owners.
B. The City has negotiated a purchase price with the Owners.
C. It is the desire of the Owners 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 Owners to
the City shall be as depicted and legally described on the attached and incorporated Exhibits A
and B (the "Right of Way").
2. Compensation. The City agrees to pay the Owners upon closing the total sum of
Two Thousand Four Hundred and Thirty-Six Dollars ($2,436.00) for the right-of-way. The
parties acknowledge that estimates were obtained to tap into the water main on Front Street and
to install a meter at the boundary of the right-of-way for the purpose of negotiating compensation
for acquiring the right-of-way. The parties further acknowledge that the City is not responsible
for tapping the water main or installing the water meter nor is the City responsible for any work
performed by acontractor retained by the Owner. The compensation noted above is the full and
final compensation for the City's acquisition of the right-of-way.
3. Light Pole Removal. The parties acknowledge the existence of a light pole in the
right-of-way to be conveyed and the Owners assert that the light pole is their sole property. The
City agrees to remove the light pole from the right-of-way and deposit the pole on the Owners
adjacent property. The Owner will be responsible for erecting the light pole at a new location or
disposing of the light pole. The City will make reasonable efforts to remove the light pole
without damage to the pole, however, the City does not guarantee that the light pole can or will
be removed without damage to the pole.
4. Dc(;Uments. The Owners agree that the right-of-way shall be conveyed to the
City by the Owners' execution and delivery to the City of a Right-of-Way Deed identical to the
copy attached as Exhibit C 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.
5. Term of Possession. The right-of-way shall be effective for a term commencing
upon the date of the Right-of-Way Deed and ending two years thereafter.
6. Covenant of Title. The Owners covenant that it is the lawful owner of the real
estate affected by the right-of-way.
7. Closing. Closing shall take place on or before September 24, 2010. At closing
the Owners shall:
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
Ovmers' current mailing address and tax identification numbers,
at which time the City shall pay Owners the total compensation set forth in paragraph (2) above.
7. Nonassignable. The Owners' rights under this Agreement shall not be assigned
without the prior written consent of the City.
8. 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.
~
n er
"City"
CITY OF SALINA, KANSAS
"Owner"
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/ RIGHT OF WAY ACQUISITION
SALINA, KS 67401
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.lEGAL DESCRIPTION:
SEE PAGE .2. OF .2.
'This does not constitute 0
legal survey, drawing is for
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EXHIBIT
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EXHIBIT
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RIGHT-OF-WAYD.EED.
THIS IND.ENTURE, made this ~a'l of September, 2010, by and between MAX EUGENE
FULLER and MARILYN SUE FULLER, husband and wife, (the "Grantors") and the CITY OF SALlNA, .
KANSAS, a municipal corporation, (the "City"):
WITNESSETH: That the Grantors, for good and valuable consideration, does hereby convey
unto the City that certain portion of land owned by the Grantors as depicted and legally described on
the attached and incorporated Exhibits A and B, (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 Grantors have hereunto caused this instrument to be eXecuted
the day and year first above writte .
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NOTARY PUBLIC
My appointnlent~xpires:
EXHIBIT
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STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on this _ day of September, 2010, by Marilyn
Sue Fuller.
NOTARY PUBLIC
My appointment expires:
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(aX13)]
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