Real Estate Purchase - ROW AGREEMENT
This Agreement is made this �j� day of 2011, by and between the ROMAN
CATHOLIC DIOCESE OF SALINA, (the "Owner" , and the CITY OF SALINA, KANSAS, a
municipal corporation, (the"City").
RECITALS
A. The City, in conjunction with the Marymount Road Improvement Project, wishes to
acquire from the.Owner certain right-of-way and a permanent sidewalk and utility easement
affecting a certain portion of land owned by the Owner.
B. The City has caused the right-of-way and permanent sidewalk and utility easement to be
acquired to be valued and has negotiated reasonable compensation with the Owner.
C. It is the desire of the Owne to convey the right-of-way and permanent sidewalk and
utility easement to the City upon the erms 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 right-of-way to be conveyed by the Owner to the City
shall be as legally described on Exhibit A and depicted on Exhibit.B (the "Right-of-Way").
2. Description of Permanent Sidewalk and Utility Easement. The permanent sidewalk and
utility easement to be conveyed by the Owner to the City shall be as legally described on Exhibit
C and depicted on Exhibit D (the"Permanent Easement").
3. Compensation. The City and the Owner agree to the following terms as the means of
compensating the Owner for the Right-of-Way and Permanent Easement:
3.1. The City agrees to:
3.1.1 Pay to the Owner the sum of$12,000.00 at Closing;
3.1.2 Grade both east and west sides of new sidewalk, with the west side sloping
and grading to be performed to specifications determined by the City in
consultation with the Owner;
3.1.3 Grind the stumps of those trees removed by the Owner which, in the
discretion of the City, require grinding in order to complete the sloping
and grading on the west side of the new sidewalk;
3.1.4 Complete a fall seeding of sloped and graded areas with fescue; and
3.1.5 Provide, at City expense, ten (10) balled, deciduous, hardwood trees no
less than 1.5 inch caliper in size for planting by Owner at a time of year
and in locations determined by the Owner in consultation with the City
Forester (Trees of no more than 1.5 inch caliper are recommended by the
City Forester as having highest likelihood of survival).
3.2. The Owner agrees to:
3.2.1. Remove all evergreen trees along Owner's east property line, to a level of
no more than six inches (6") above the existing ground level, no later than
May 31, 2011;
3.2.2. Consult with City representatives regarding specifications for the City's
grading and sloping west of the new sidewalk; and
3.2.3. Properly plant and maintain hardwood trees provided by the City at a time
and in locations determined by the Owner in consultation with the City
Forester.
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 Permanent Easement shall
be conveyed to the City by the Owner's execution and delivery to the City of a Permanent
Easement document identical to the copy attached as Exhibit F to this Agreement. The Right-of-
Way Deed and the Permanent 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. Temporary Easement. Owner grants to the City a temporary easement allowing access by
the City, its employees, contractors and agents to Owner's property to the extent and for such
time as is necessary to complete the work required of the City under this agreement.
6. Covenant of Title. The Owner covenants that it is•the lawful owner of the real estate
affected by the Right-of-Way and Permanent 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 (a) 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 and (b) a consent to the Permanent Easement by the holder of any mortgage or
other lien encumbrance. Any partial mortgage release, other lien release documents, and
consents to the Permanent Easement 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 on or before May 13, 2011. At closing the Owner
shall:
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a. deliver to the City the fully.executed and acknowledged Right-of-Way Deed and
Permanent Easement document, 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 cash component of the compensation set forth in
paragraph(3) above.
9. Nonassi nom. 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 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.
ROMAN CATHOLN DI,01 SE OF SALINA
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By. ,
Father BaiV Brinkman
Diocesan Administrator
Tax ID No.: 3
CITY OF SALINA, KANSAS
By: 4 A _
J on A. Gage, City Manager
-3-
Exhibit A
Owner: ROMAN CATHOLIC DIOCESE BISHOP OF SALINA
Marymount Road Improvement
Project: 09-2783
Legal Description
A tract of land in a portion of Northeast Quarter of Section 18,
Township 14 South, Range 2 West of the 6th P. M., in the City of
Salina, Saline County, Kansas, being more particularly described as
follows:
Commencing at the Northeast corner of the said Northeast Quarter;
Thence on an assumed bearing of South 0'26'28" West on the East
line of the said Northeast Quarter, a distance of 492.88 feet to the
Northeast corner of a tract of land described in Deed book 261,
Page 69 and the Point of Beginning;
Thence South 0'26'28" West on the said East line, a distance of
862.76 feet to the Southeast corner of a tract of land described in
Deed book 261, Page 69;
Thence South 89'2742" West on the South line of a tract of land
described in Deed book 261, Page 69, a distance of 24.75 feet;
Thence North 0'2628" East on a line 24.75 feet West of the said
East line, a distance of 806.86 feet;
Thence North 40'41'46" West, a distance of 73.16 feet to the South
Right of Way Line of Iron Avenue;
Thence North 89'28'48" East on said South Right of Way line, a
distance of 72.89 feet to the Point of Beginning.
Said tract contains 22696 square feet more or less,
Said tract contains 21351 square feet of existing Right of Way more
or less,
Said tract contains 1345 square feet of additional Right of Way more
or less.
aTY of SAUNA. KANSAS
PUMC%MM — DONEE M — UiluM
Marymount Road R/W
uomt cmvary Cemetery
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Exhibit B
Owner: ROMAN CATHOLIC
DIOCESE BISHOP OF SALINA
Marymount Road Improvement Northeast Corner of section ie C I
Project: 09-2783 Township 14. Range 2 West of 6th P.M. a I
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N89'28'48'E
72.89' Point of Beginning
Existing Right of Way
N40'41'46'W
73.16'
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Existing County Rood 1 0
Eosemenl Line 1 0
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Mount Calvary Cemetery �I
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R.O.O. Deed Book 261, 69
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Utgity and Sidewalk•`!
Easement I
4252 SQUARE FEET PROPOSED RIGHT OF WAY
22696 SQUARE FEET
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_South tlna of the NE I bf the NE-1 of Section 18 •_•_•_•_._•_•_.
S89.27'42'* j
24.75'
East Comer of Section 18
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Township 14, Range 2 West of 6th P.M.
CITY OF swNA. KANSAS
PUBLIC WowcS — ENMEERING — UTIUTIES
0 75 150 22s 300 Marymount Road R/W
Mount Calvary Cemetery
SCALE: 1' = 150' pow b
09-2783 ra Fab 2011 2_2
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Exhibit C
Owner: ROMAN CATHOLIC DIOCESE BISHOP OF SALINA
Marymount Road Improvement
Project: 09-2783
Legal Description
A tract of land in a portion of Northeast Quarter of Section 18,
Township 14 South, Range 2 West of the 6th P. M., in the City of
Salina, Saline County, Kansas, being more particularly described as
follows:
Commencing at the Northeast corner of the said Northeast Quarter;
Thence on an assumed bearing of South 0'26'28" West on the East
line of the said Northeast Quarter, a distance of 492.88 feet to the
Northeast comer of a tract of `land described in Deed book 261,
Page 69;
Thence South 0'26'28" West on the said East line, a distance of
862.76 feet to the Southeast corner of a tract of land described in
Deed book 261, Page 69;
Thence South 89027'42" West on the South line of a tract of land
described in Deed book 261, Page 69, a distance of 24.75 feet to
the Point of Beginning; .
Thence North 0'26'28" East on a line 24.75 feet West of the said
East line, a distance of 806.86 feet;
Thence North 40'41'46" West, a distance of'7.98 feet;
Thence South 00'26'28" West, a distance of 812.96 feet;
Thence North 89'27'36" East, a distance of 5.25 feet to the Point of
Beginning.
Said tract contains 4252 square feet more or less.
aTY of SAUNA, KANsAs
PUBLIC WORKS — EWNEERINO — UTILITIES
Utility / Sidewalk Easement
Mount Calvary Cemetery
av+war.,�..auv 2011 -2
Exhibit D
Owner: ROMAN CATHOLIC
DIOCESE BISHOP OF SALINA Township"a Range 2 West lof 6th PM. I
Morymount Rood Improvement
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Project: 09-2783
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Existing Right of MAO
N4O.41'46'W I
7.98'
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Existing County Rood
Easement line
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Mount Calvary Cemetery a
R.O.D. Deed Book 261. 69
Utility and SWewofk
Easement
4252 SQUARE FEET N PROPOSED RIGHT OF WAY
ap 22696 SQUARE FEET
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_South rate of the NE ( the W1�1 of Section 1¢_._._._._._._._.
NW27$6"E
5.25'
Point of Beginning SW27.42-W
24.75'
East I Corner of Section 18
Township 14. Range 2 West of 6th P.M.
CI7Y OF SAUNA. KANSAS
PUBLIC WORKS — ENGINEERING — UTILITIES
0 75 ,so 225 3tx1 Utility/Sidewalk Easement
Mount Calvary Cemetery
o9-27e3 Mr =1 2-2
FOR-OWN a s trr.r wr sue
Exhibit E
RIGHT-OF-WAY DEED
THIS INDENTURE,made this day of A&I 2011,by and between the ROMAN CATHOLIC
DIOCESE OF SALINA (the "Grantor") and the CITY O 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.
ROMAN CAT OLD IO OF SALINA
f
By:
Fa er B rinkman
Diocesan Administrator
STATE OF KANSAS,COUNTY OF SALINE, ss:
This instrument was acknowledged before me on W44 2011 by Father Barry Brinkman as
Diocesan Administrator of the Roman Catholic Diocese of Salina.
• � �r-�
My appointment expires: a, ` al_ ;a/3 _
Notary Public r) ,CLl�r , z + E
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[A real estate sales validation questionnaire is not required pursuant
Exhibit F
GRANT OF PERMANENT SIDEWALK AND UTILITY EASEMENT
The ROMAN CATHOLIC DIOCESE OF SALINA (the "Grantor"), being the owner of
the hereinafter described real estate, does hereby grant, dedicate, and convey unto the CITY OF
SALINA, KANSAS, a municipal corporation(the "City"):
A Permanent Sidewalk and Utility Easement, in perpetuity, on the real estate legally
described on the attached and incorporated Exhibit A and depicted on the attached and incorporated
Exhibit B for the purposes of:
Locating, constructing, excavating, and maintaining 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;
and
Pedestrian use by the public of the public sidewalk constructed thereon; with full
authority to enter upon the easement to construct the sidewalk and, if Grantor fails to
fulfill its legal responsibility relating to the safe condition of the sidewalk, with full
authority to enter upon the easement to maintain, repair or replace the sidewalk on the
basis allowed by law.
Grantor acknowledges that this Grant of Permanent Sidewalk and Utility Easement shall
neither alter nor affect the Grantor's obligation to maintain the described real estate.
Grantor hereby covenants that it is the lawful owner of the described premises and has the
right,power,and authority to convey the rights granted hereby.
IN WITNESS WHEREOF, the undersigned duly authorized officers of the Grantor set
their hands this ay of AIU,,2011.
ROMAN CATH C ICI ESE OF SALINA
By:
F ther rinkman
Diocesan Administrator
STATE OF KANSAS,COUNTY OF SALINE, ss:
This instrument was acknowledged before me on -5-. 2011, by Father Barry Brinkman
as Diocesan Administrator of the Roman Catholic Diocese bf Salina.
My appointment expires: o P 3 ,
Notary Public . \%!.�s t-
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]