Agr S Ohio @ MagnoliaAGREEMENT
This Agreement is made this (/~5-day of April 1997, by and between JERRY D.
NICHOLS and LORITA G. NICHOLS, husband and wife, hereinafter referred to as the
"Owner," and the CITY OF SALINA, KANSAS, a municipal corporation, hereinafter referred to
as the "City."
RECITALS
A. The, City in conjunction with the Ohio and Magnolia Intersection project, wishes
to acquire from the Owner certain right-of-way affecting land owned by the Owner.
B. The City has caused the right-of-way to be acquired to be appraised and has
negotiated a purchase price 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:
1. Description. The right-of-way to be conveyed by the Owner to the City shall be
as legally described and depicted 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
Six Hundred Eighteen and 75/100 Dollars ($618.75) for the Right-of-Way consisting of the
following:
Right-of-Way $468.75
Damages to remaining property
(Loss of one Ash tree)
400.00
Total Compensation $868.75
3. Documents. The Owner agrees that the Right-of-Way shall be conveyed to the
City by 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. Owner covenants that Owner is the .lawful owner of the
property affected by the Right-of-Way and that the Right-of-Way is not subject to any contract
for sale or other liens and encumbrances except a mortgage of record to United Missouri
Mortgage Company dated April 14, 194, and recorded on April 20, 1994, in Mortgage Book
487, page 411, in the records of the office of the Register of Deeds, Saline County, Kansas.
5. Partial Mortgage or Other Lien Release. In those cases where the Right-of-Way
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 property affected by the Right-of-Way 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 C2~ 13~, 1997. At closing the
Owner shall:
a. deliver to the City the fully executed and acknowledged Right-of-Way
Deed,
b. deliver to the City any necessary partial mortgage release or other lien
release documentation,
c. provide the City with any other necessary information such as Owner's
current mailing address and social security numbers or tax identification numbers,
at which time the City shall pay Owner the total compensation set forth in paragraph (B) above.
7. Possession. The City shall be entitled to possession of the Right-of-Way
immediately upon closing.
8. City Responsibility. The City shall be responsible for disposal of the ash tree
referred to in paragraph 2 above (if it is not transplanted), and shall indemnify Owner for any
loss of or damage to Owner's property outside of the Right-of-way during installation of the
public street improvements, traffic signals, and public utilities in the Right-of-way.
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9. Nonassignable. 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"
ols
Tax ID No.
rit~] G. Nichols
Social Sec./Tax ID No.
CITY OF SALINA, KANSAS
By
l~e-nnis M. Kis~hge~ Manager
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RIGHT-OF-WAY AC .... JISITION
Ovmec. Jerry O. &t Lorita ¢. Nichols
1017 East Magnolia Road
Sa/ina, Kansas 67401
Lot 15, Block 15, Belmont Addition
Exist
N 8976'00' ~
Magnolia Rd.
LEGAL DESCRIP llON:
A port of Lot 15, Block I5, Belmont Addition to the CJty of Solina, Saline County, Kansas,
described os follows:
Beginning at the Southeast corner Of said Lot I5;
Thence N8976'OO'W alan9 the South line of said Lot 15 a distance of 30.00:'
lhence'NSO'40'OT'W a distance of J8.84' to o'point on the East line of said Lot 15;
· 7hence, S00130'00'F/along the East line of said Lot 15, a distance of 25.00~
back to the Point of Beginning.
lhe above descnT~ed tract of land contains J75 square feet, more or less·
Exhibit A
RIGHT-OF-WAY DEED
THIS INDENTURE, made this __ day of April, 1997, by and between JERRY D.
NICHOLS and LORITA G. NICHOLS, husband and wife, (the "Grantor") and CITY OF SALINA,
KANSAS, a municipal corporation (the "City"):
WITNESSETH: That the Grantor, for good and valuable consideration, receipt of which is
hereby acknowledged, does hereby grant, bargain, sell, and convey unto the City, that certain portion
of land owned by the Grantor, more particularly described on the Engineering Drawing attached as
Exhibit A to this Right-of-way Deed, as public right-of-way for purposes of constructing, repairing,
replacing, and maintaining public street improvements, traffic signals, and public utilities, in
perpetuity.
IN WITNESS WHEREOF, the Grantor has hereunto caused this instrument to be executed
the day and year first above written.
Jerry D. Nichols
Lorita G. Nichols
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this __ day of April, 1997, before me, the undersigned,
a notary public in and for the county and state aforesaid, came Jerry D. Nichols and Lorita G.
Nichols, husband and wife, who are personally known to me to be the same persons who executed the
above and foregoing instrument of writing and duly acknowledged the execution of the same.
IN WITNESS WltEREOF, 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)]
Exhibit B
RIGHT-OF-WAY AC ..... JISITION
Owner7. Jerry D. & Lot[to G. Nichols
I017 East Magnolia Rood
Sol[no, Kansas 67401
Lot 15, Block 15, Belmont Addition
Exist R/lC = 30' ~
Magnolia Rd.
~i B975'00' w
v~ $0.00'
LEGAL DESCRIP llON:
A part ..of Lot 15, Block I5, Belmont Addition to the City of Sollna, Saline County, Kansas,
described os fo/Iows~'
Beginning at the Southeast corner if said Lot 15;
Thence. N89'16°O0"t¢ along the South line of said Lot 15 a distance of 50.00~'
Thence N50'40'07"~/ a distance of J8.8~I' to a'point on the East line of s~id Lot 15:
· Thence, SO0~30'O0"W along the East line of said Lot 15, o distance of 25.00;
back to the Point of Beginning.
The above descnT~ed tract of land contains 575 square feet, more or less.
Exhibit A