9th and Cloud Improvement Project Utility and Construction easment AGREEMENT
This Agreement is made this /0111 day of December, 2013, by and between
SOUTHVIEW PLAZA OF SALINA, LLC, a Kansas limited liability company, (the "Owner"),
and the CITY OF SALINA, KANSAS, a municipal corporation, (the "City").
RECITALS
A. The City, in conjunction with the Ninth and Cloud Improvement Project, wishes
to acquire from the Owner certain utility easement and temporary construction easement
affecting a certain portion of land owned by the Owner.
B. The City has caused the utility easement and temporary construction easement to
be acquired to be valued and has negotiated a purchase price with the Owner.
C. It is the desire of the Owner to convey the utility easement 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 Utility Easement. The utility easement to be conveyed by the
-Owner to the City shall be as depicted and legally described on the attached and incorporated
Exhibit A (the "Utility Easement").
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").
3. Compensation. The City agrees to pay the Owner upon closing the total sum of
Three Thousand Eighty Dollars ($3,080.00) for the Utility Easement and Temporary
Construction Easement consisting of the following:
a. Utility Easement $ 2,580.00
(576 square feet)
b. Temporary Construction Easement $ 500.00
(576 square feet)
Total Compensation $ 3,080.00
4. Documents. The Owner agrees that the Utility Easement and Temporary
Easement shall be conveyed to the City by the Owner's execution and delivery to the City of
Permanent Utility Easement and Temporary Construction Easement documents identical to the
copies attached as Exhibits C and D to this Agreement. The Permanent Utility Easement and
Temporary Construction Easement documents shall be recorded by the City with the office of the
Saline County Register of Deeds, at the expense of the City.
•1
5. Term of Possession. The Temporary Construction Easement shall be for a term of
one (1) year commencing May 1, 2014 and ending April 30, 2015; provided, however, that from
May 1, 2015 through April 30, 2016, the City's employees or contractors shall have the right to
perform maintenance, repairs, or landscape work on the Project.
6. Covenant of Title. The Owner covenants that it is the lawful owner of the real
estate affected by the Utility Easement and Temporary Construction Easement.
7. Consents to Easement. The Owner shall at closing deliver to the City a duly
executed and acknowledged consent to the Utility Easement by the holder of any mortgage or
other lien encumbrance. All consents to the Utility 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 December 15, 2013. At closing the
Owner shall:
a. deliver to the City the fully executed and acknowledged Permanent Utility
Easement and Temporary Construction Easement documents, and
b. provide the City with a fully executed Form W-9 listing the Owner's
current mailing address and taxpayer identification number,
at which time the City shall pay Owner the total compensation set forth in paragraph 3 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.
SOUTHVIEW PLAZA OF SALINA, LLC
By: G SQ�
Rodney'L. Steven, II, Managing Member
CITY OF SALINA, KANSAS
By:
Q
J on A. Gage, City Manager
-2-
Exhibit A - Page 1 of 2
Description:
A tract of land located in the Northeast Ouorter of the Northeast Quarter of Section 26, Township 14 South, Range 3
West of the 6th Principal Meridian, and more particularly described as follows:
Commencing at the northeast corner of said Section 26;
thence on an assumed bearing of North 89' 57' 54" West on the north line of said Section 26, a distance of 60.01
feet;
thence South 0' 01' 19" East, a distance of 30.03 feet to the intersection of Cloud Street Right-of-way and Ninth
Street Right-of-way, said intersection being the Point of Beginning;
thence South 0' 01' 19" East on the South Ninth Street Right-of-way line, a distance of 33.87 feel;
thence North 45' 05' 40° West, a distance of 48.00 feet to the Cloud Street Right-of-way line;
thence South 89' 58' 36" East, a distance of 33.98 feet to the Point of Beginning.
Said Tract contains 576 square feet more or less.
WY OF SAUNA, 3W WASH, SAWA, KANSAS
RIRLIC WORKS-ENGNYERING- !INURES
ae 11-2872 I WY X17 _1
�..d.—� In
Exhibit A - Page 2 of 2
Point of Commencement - Tract I
Northeast Corner of Section 26, Township 14 South, Range J West /\
North line of Section 26 J n
0 N893754 W 6001
Existing Rood Easement Saline County a ° I
Rood Record Book A. Page 72-73 J I '' I
rn
Existing Right-of-Way Ord 5862 O°
58958J67 3198 ° "'
__�___�----------' n t, 60.10 -�
Existing Cloud Street .01.P$ i .`o
Rght-of-Way s. ' I
�s ti Point of Beginning - Tract 1 • ul
$ \. ul I ri sc 1"' I tri
Tract I - Utility Easement I
576 square feet k I
- Existing Highway Right-of-Way I
fI Saline County Register of Deeds 4
Existing South Ninth I Misc. Book 77, Poge 64 I
Parcel 8 Southnew Plaza of Salina, LLC Street Right-of-Way
Unplatted - Port of NE i of the NE; of Section 26 i
1
I
i 1
II
1 I
I I
i
1
Legend
---- Right-of-wayline N OTYOFSALINA30W ASK SAUNA KANSAS
Easement line PUBIC KIRKS- ENGINEERING- UI.UIFS
-,f- Property line
tie 0 15 30 45 60
ICI
Note: All distances ore in feet I1 1 a. 11-2872. __r may 20IJ
SCALE: 1" = 30' In • �—�
Exhibit B - Page 1 of 2
Description:
A tract of land located in the Northeast Quarter of the Northeast Ouarter of Section 26, Township 14 South, Range 3
West of the 6th Principal Meridian, and more particularly described as follows:
Commencing at the northeast corner of said Section 26;
thence on an assumed bearing of North 89' 57' 54" West on the north line of said Section 26, a distance of 60.01
feet;
thence South 0' 01' 19" East, a distance of 30.03 feet to the intersection of Cloud Street Right-of-way and Ninth
Street Right-of-way, said intersection being the Point of Beginning;
thence South 0' 01' 19" East on the South Ninth Street Right-of-way line, a distance of 33.87 feet;
thence North 45' 05' 40" West, a distance of 4800 feet to the Cloud Street Right-of-way line;
thence South 89' 58' 36" East, a distance of 33.98 feet to the Point of Beginning.
Said Tract contains 576 square feet more or less.
O/1 Of SAUNA 300 W ASN, SAUNA. KANSAS
PUBLIC KIRKS-ENL11fERWG- UIdn(S
~111-2872 I" May 2073 M,1-1
Exhibit B - Page 2 of 2
Point of Commencement - Tract 1
Northeast Corner of Section 26, Township 14 South, Ronge 3 West
North line of Section 26 -' I "'o N895754 W 600] 1
L Existing Rood Easement Saline County .7;,2 o
Rood Record Book A, Poge 72-7J 1 `' I
Existing Right-of-Way&d. 5861 `O o I
• 9 5895836E 3398 ° "' 6010 j N
Existing Cloud Street ' i i .o
Right-oJ-Way 2yS�s Paint of Beginning Tract 2 ; y
1
Io 12
Tract 2 - Temporary I I
Construction Easement I 1
576 square feet
Existing Highway Right-of-Way —\I
I Saline County Register of Deeds $
Existing South Ninth 'Wisc. Book 17, Poge 64 I
Parcel 8 Southwiew Plaza of Solina, LW Street Right-of-Way I i
Unplotted - Port of NE i of the NE i of Section 26 8
I
1
i I
I1
I
o
I I
i
i
Legend
---- Right-of-way line N car OF wa+a 3W WA9t SQWA, KANSAS
Easement line I KURIIL *WKS- ENGINEERING- U/2n1ES
—j'— Properly line
0 15 30 45 60
Note: All distances are in feet u 11-2872_ JOY 2013 °'
u SCALE: 1" = 30' I�.,- 7-1
I^
Exhibit C
PERMANENT UTILITY EASEMENT
This Permanent Utility Easement is made this /04 day of vece/ er , 2013, by and
between SOUTHVIEW PLAZA OF SALINA, LLC, a Kansas limited liability company, (the
"Grantor") and the CITY OF SALINA, KANSAS, a municipal corporation, (the "City"):
GRANT: The Grantor, for good and valuable consideration, hereby conveys to the City
a permanent utility easement (the "Easement") in, on, over, under, and through the real estate
legally described and depicted on the attached and incorporated Exhibit A (the "Real Estate") for
the purposes of accessing, locating, constructing, excavating, and maintaining poles, wires, conduit,
pipeline, and junction boxes necessary in conducting, transmitting, and distributing water, sewage,
electricity, gas, and electronic communications by the City, and its authorized franchisees and
licensees.
TERM: The Easement shall be perpetual.
OWNERSHIP: Grantor covenants that it owns the Real Estate and has the right, title,
and capacity to grant the Easement.
MAINTENANCE: Grantor acknowledges that the Easement shall not affect the Grantor's
obligation to maintain the Real Estate.
IMPROVEMENTS: Grantor acknowledges that the construction of any building or
structure, or the installation of fencing or landscaping on the Real Estate is governed by the
Salina Code as it may be amended from time to time (currently Sec. 42-63).
SURFACE GRADE: Grantor shall neither alter nor permit others to alter the surface
grade of the Real Estate without the prior written approval of the City.
BINDING EFFECT: The Easement shall be binding upon and shall run with the Real
Estate.
IN WITNESS WHEREOF, the Grantor has executed this Permanent Utility Easement
effective as of the day and year written above.
SOUTHVIEW PLAZA OF SALINA, LLC
By:
Rodney Steven, II, Managing Member
ACCEPTANCE OF PERMANENT UTILITY EASEMENT
CITY qoptc‘OF SALINA, KANSAS
By:
on A. Gage, City M ager
ATTEST:
Lieu Arm Elsey, CMC, City Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on trG 10, 2013 by Rodney L.
Steven, II as Managing Member of Southview Plaza of Salina, LLC, a Kansas limited liability
company.
My appoin BARBARA K Bump
NOTARY RAE K1l MUG u �
Nyz p�, tt_ _-i7 Notary blic
.itaRat STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on , 2013, by Jason A.
Gage as City Manager and Lieu Ann Elsey as City Clerk of the City of Salina, Kansas.
My appointment expires:
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
Exhibit A - Page 1 of 2
Description:
A tract of land located in the Northeast Ouarter of the Northeast Ouorter of Section 26, Township 14 South, Range 3
West of the 6th Principal Meridian, and more particularly described as follows:
Commencing at the northeast corner of sold Section 26;
thence on on assumed bearing of North 89' 57' 54" West on the north line of said Section 26, a disionce of 60.01
feet;
thence South 0' 01' 19" East, a distance of 30.03 feet to the intersection of Cloud Street Right-of-way and Ninth
Street Right-of-way, said intersection being the Point of Beginning;
thence South 0' 01" 19" East on the South Ninth Street Right-of-way line, a distance of 3387 feet;
thence North 45' 05' 40" West, o distance of 48.00 feet to the Cloud Street Right-of-way line;
thence South 89' 58' 36" East, o distance of 33.98 feet to the Point of Beginning.
Said Tract contains 576 square feet more or less.
OIY OF SAUNA, 300 W ASK SALIVA,KANSAS
RBLIL gO KS- ENTA£EBING- MMMBEES
ae 11-2872 I May2073 1_1
I" .
Exhibit A - Page 2 of 2
Point of Commencement - Tract 1
— — Northeast Corner of Section 26, Township 14 South, Range 3 West �p
North line of Section 26 I -'o N895754 W 6D0] I
L Existing Rood Easement Saline County m ° I
Rood Record Book A, Page 72-73 / I Q W
•-----M- Existing Right-of-Nay Ord. 5862 ---- `C° o
.-_---_---_--- 58958"367 3395 ° " N
-
N- Existing Cloud Street i• I I .o
Right-of-IYoy 19 s, _ I
o• . I e Paint of Beginning - Tract 1 • 1n
W
g o iW
Tract I - Willy Easement j
576 square feel i
Existing Highway Right-of-Way -sI
1 Spline County Register of Deeds I
Existing South Ninth /disc. Book 17, Page 54 I
Parcel 8 Southview Plozo of Salina LW Street Right-of-Way i
Unplatted - Port of NE d of the NE 3 of Section 26 i
I
1 !
1 I
I 1
I
1 j
II
1 I
i i
Legend
---- Right—of—way line N a ax
CITY J w nsn SALM KANSAS
Easement line PUBLIC *WKS- tNWNCCrmc- Umnrs
—Q— Properly line
0 15 30 45 60
Note: All distances are in feet (� ....0..........-....,
u ` 11-2872 f May 2013 pin
SCALE: 1' = 30' I2 • i-1
Exhibit D
TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement is made this pi4 day of J1.ererliar , 2013, by
and between SOUTHVIEW PLAZA OF SALINA, LLC, a Kansas limited liability company, (the
"Grantor") and the CITY OF SALINA, KANSAS, a municipal corporation, (the "City"):
GRANT: The Grantor, for good and valuable consideration, hereby conveys to the City,
a temporary construction easement (the "Easement") in, on, over, under, and through the real
estate legally described and depicted on the attached and incorporated Exhibit A (the "Real
Estate") for all rights of ingress and egress of the City, its employees, contractors, and authorized
franchisees and licensees, for the purposes of constructing, grading, improving, reconstructing,
and inspecting the Ninth and Cloud Improvements, City Project No. 11-2872 (the "Project") in
the manner called for in the project plans.
RESTORATION: After completion of construction, the City shall restore the area of
the Easement by seeding or paving as set out in the project plans and specifications. Grantor
acknowledges that grading within the Easement may result in a permanent grade change.
TERM: The Easement shall be for a term of one (1) year commencing May 1, 2014 and
ending April 30, 2015; provided, however, that from May 1, 2015 through April 30, 2016, the
City's employees or contractors shall have the right to perform maintenance, repairs, or
landscape work on the Project.
OWNERSHIP: Grantor covenants that it owns the Real Estate and has the right, title,
and capacity to grant the Easement.
MAINTENANCE: Grantor acknowledges that the Easement shall not affect the
Grantor's obligation to maintain the Real Estate.
IMPROVEMENTS: Grantor acknowledges that the construction of any building or
structure on the Real Estate is governed by the Salina Code as it may be amended from time to
time (currently Sec. 42-63).
SURFACE GRADE: Grantor shall neither alter nor permit others to alter the surface
grade of the Real Estate without the prior written approval of the City.
BINDING EFFECT: The Easement shall be binding upon and shall run with the Real
Estate.
IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction
Easement effective as of the day and year written above.
SOUTHVIEW PLAZA OF SALINA, LLC'1L
By: Z �7
Rodnef L. Steven, II, Managing Member
ACCEPTANCE OF PERMANENT UTILITY EASEMENT
CITY OF SALINA, KANSAS
By:
Jason A. Gage, City Manager
ATTEST:
Lieu Ann Elsey, CMC, City Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on bet, 10 , 2013 by Rodney L.
Steven, II as Managing Member of Southview Plaza of Salina, LLC, a Kansas limited liability
company.
My appointment _AR 8_AR_A i WRD 4` ta.-°
CL
9 IC Not ublic
o
r
awn
�ya�pt� 11-6-17
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on , 2013, by Jason A.
Gage as City Manager and Lieu Arm Elsey as City Clerk of the City of Salina, Kansas.
My appointment expires:
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
Exhibit A - Page 1 of 2
Description:
A tract of land located in the Northeast Ouarter of the Northeast Ouarler of Section 26, Township 14 South, Range 3
West of the 6th Principal Meridian, and more particularly described as follows:
Commencing at the northeast corner of said Section 26;
thence on an assumed bearing of North 87 57" 54" West on the north line of said Section 26, a distance of 6001
feet;
thence South 0' 01' 19" East, a distance of 3003 feet to the intersection of Cloud Street Right-of-way and Ninth
Street Right-of-way, said intersection being the Point of Beginning;
thence South 0' 01' 19" East on the South Ninth Street Right-of-way line, a distance of 33.87 feet;
thence North 45' 05' 40" West, a distance of 48.00 feet to the Cloud Street Right-of-way line;
thence South 89' 58' 36" East, a distance of 33.98 feet to the Point of Beginning.
Said Tract contains 576 square feet more or less.
•
arr OE SALIVA, Jtt!if 491, SALW.I KANSAS
PUBLIC KIRKS-ENGINEERING- uiaMKS
ae
X
11-2872 Ira Way 2013 1_1
I^ .
Exhibit A - Page 2 of 2
Point of Commencement - Tract 1
— — — — — — — — — — — — Northeast Corner of Section 26, Township 14 South, Range 3 West
North line of Section 26 -1 I a Nd95754 W 6001
I
Existing Rood Easement Saline County rn h I
Rood Record Bock A. Page 72-7J
7 ,�.� I
.----- Existing Right-of-Way Ord. 5662 --- o c
_ - �9.Sd 36T 13 08 60.10
Existing Cloud Street `_
Right-of-Way 2yS _ ^ I `o
. Point of Beginning Tract 2 • ,n
o I2.
Tract 2 - Tempacry �
Construction Easement I^ I
576 square feet I _ Existing Highway Right-of-Way _I
/!1 Saline County Register of Deeds 1
Existing South Ninth I Misc. Book 17 Page 64 I
Parcel 8 South new Plaza of Salina, (LC Street Right-of-Way
Unplotted - Port of NE of the NE i of Section 26 u
I
I
i I
t I
I
1 I
1
1 1
I
le
I
Legend
---- Right-of-way line N CITY OF S LIMA, J00 W A9( SALW'.KANSAS
Easement line PUBLIC KIRKS- EN2NEERW6- UNWIES
—Q— Property line a
0 15 30 45 60
Note: All distances ore in feet 11 -- 111 2 —1
872 r Ucy 2073 m
emu., I^ •
SCALE: 1- = 30'