9th and Cloud Improvement Project siedewalk easment, construction easement •
AGREEMENT
This Agreement is made this 26th day of November, 2013, by and between T & J
ENTERPRISES, 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 sidewalk easement and temporary construction easement
affecting a certain portion of land owned by the Owner.
B. The City has caused the sidewalk 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 sidewalk 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 Sidewalk Easement. The sidewalk 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 "Sidewalk Easement").
2. Description of Temporary Construction Easement. The temporary construction
easement to he 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
One Thousand Seven Hundred Fifteen Dollars ($1,715.00) for the Sidewalk Easement and
Temporary Construction Easement consisting of the following:
a. Sidewalk Easement $ 1,215.00
(275 square feet)
b. Temporary Construction Easement $ 500.00
(275 square feet)
Total Compensation $ 1,715.00
4. Documents. The Owner agrees that the Sidewalk Easement and Temporary
Easement shall be conveyed to the City by the Owner's execution and delivery to the City of
Permanent Sidewalk Easement and Temporary Construction Easement documents identical to
the copies attached as Exhibits C and D to this Agreement. The Permanent Sidewalk 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.
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 Sidewalk Easement and Temporary Construction Easement.
7. Consent to Easement. The Owner shall at closing deliver to the City a duly
executed and acknowledged consent to the Sidewalk Easement by the holder of any mortgage or
other lien encumbrance. All consents to the Sidewalk 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 1, 2013. At closing the
Owner shall:
a. deliver to the City the fully executed and acknowledged Permanent
Sidewalk 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.
T & J ENTERPRISES, LLC p
By:
Ogn L3(_!'!'1 mia'm ica M. Graham, President
CITY OF SALINA, KANSAS
By: gi s 4"'
J on A. Gage, City Manager
-2-
Exhibit A - Page 1 of 2
Description:
A tract of land located in Lot 24 and Lot 25 of Block 2 of the Re-Plat of Port Blocks 1-2 Evergreen Pork Addition
to the City of Salina, Saline County, Kansas and more particularly described as follows:
Beginning at the southeast corner of said Lot 25;
thence on on assumed bearing of South 89' 52' 42" West on the south line of said Block 2 o distance of 99.98 feet
to the southwest corner of said Lot 24;
thence North 86' 43' 43" East, a distance of 10019 feet to the east line of said Lot 25;
thence South 00' 29' 44" West, o distance of 551 feet to the Point of Beginning. •
Said tract contains 275 square feet more or less.
CITY OF SAUNA. JX W ASH. SAUNA. KANSAS
PUBLIC MARKS- ENGVECRWG- uIM1nXS
a. 11-2872 IL. Way 2013 1—i
twww
Exhibit A - Page 2 of 2
Parcel 4 R & J
Financial
Lot 25 & 24, Black
2, Re-plot of port
of Blocks 1-2
Evergreen Pork
Addition
Tract 1 - Sidewalk Easement
275 square feet
N88'4343E 10019 =7"7E= , -- -
Wit.., ,. X5079"44'W
��
-----_
58952'42'W 99.98-- -_----- �/
Southwest caner of Lot 24 Tract I - Point of Beginning
Southeast Corner of Lot 25
Existing Cloud Street Right-of-way
Legend
---- Right-of-way line N CITY OF SAUNA. SW W ASH SALWA, KANSAS
Easement line uAI PUBLIC SOFA'S- ENQNECPINC- 1171117cs
- Property line
0 10 20 30 AO ro..� 1-2672
Note: All distances ore in feet "° n—za2z �" uoyzou '°
SCALE 1' zo' ,,, I^ • 1-1
Exhibit B - Page 1 of 2
•
Description:
A tract of land located in Lot 24 and Lot 25 of Block 2 of the Re-Plat of Port Blocks 1-2 Evergreen Pork Addition
to the City of Solino, Saline County, Kansas and more particularly described as follows:
Beginning of the southeast corner of said Lot 25;
thence on on assumed bearing of South 39' 52' 42" West on the south line of said Block 2, a distance of 99.98 feet
to the southwest corner of said Lot 24;
thence North 86' 43' 43" East, a distance of 100.19 feet to the east line of said Lot 25;
thence South 0' 29' 44" West, a distance of 5.51 feet to the Point of Beginning.
Said tract contains 275 square feet more or less.
•
WY OF SAUNA, JW W ASH, SALINA. KANSAS
1,121M KIRKS-ENGINEERING- uwiES
11-2872 L. May 2013 1_1
Exhibit B - Page 2 of 2
Parcel 4 ,R & d
financial e
Lot 25 & 24, Block
2, Re-plot of part
I of Blocks 1-2
P Evergreen Park
r Addition
b Tract 2 - Temporary Construction Easement
275 square feet
N86'43'4..3t 0019 s - .�S 0
7944'W G . _
S8952'42"W 99.98 --_-_ J
Southwest corner of Lot 24 \ Tract 2 - Point of Beginning
Southeast Corner of Lot 25
Existing Cloud Street Right-of-way
Legend
---- Right-of-way line N CITY OF SA/NA, 300 W ASH. SAUNA, KANSAS
Easement line PUBLIC MOWS- ENGINEERING- a7RnIES
Property line
1 0 10 20 30 40
Note: All distances are in feet 11-2872 1" Moy2013 'm
SCALE: 1• = 20' I^ . 1-1
Exhibit C
PERMANENT SIDEWALK EASEMENT
This Permanent Sidewalk Easement is made this day of , 2013, by and
between T & J ENTERPRISES, 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 sidewalk 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 pedestrian use by the public of the public sidewalk constructed thereon, with full
authority to enter upon the easement to construct the sidewalk.
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. If Grantor fails to fulfill its legal responsibility
relating to the safe condition of the sidewalk, the City shall have full authority to enter upon the
easement to maintain, repair, or replace the sidewalk on the basis allowed by law.
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 Permanent Sidewalk
Easement effective as of the day and year written above.
T & J ENTERPRISES, LLC
By:
Jessica M. Graham, President
ACCEPTANCE OF PERMANENT SIDEWALK EASEMENT
CITY OF SALINA, KANSAS
By:
Jason A. Gage, City Manager
Al 1 EST:
Lieu Ann Elsey, CMC, City Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on November 21, 2013 by Jessica M.
Graham as President of T & J Enterprises, LLC, a Kansas limited liability company.
My appointment expires:
Notary Public
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)1
-2-
Exhibit A - Page 1 of 2
Description:
A tract of land located in Lot 24 and Lot 25 of Black 2 of the Re-Plot of Part Blocks 1-2 Evergreen Park Addition
to the City of Salina, Saline County, Kansas and more particularly described os follows:
Beginning at the southeast corner of said Lot 25;
thence on on assumed bearing of South 89' 52' 42" West on the south tine of said Block 2, a distance of 99.98 feet
to the southwest corner of said Lot 24;
thence North 86' 43' 43" East, a distance of 100.19 feet to the east line of said Lot 25;
thence South 00' 29' 44" West, a distance of 551 feet to the Point of Beginning.
Said tract contains 275 square feet more or less.
•
— CITY OF SAUNA, JOO w ASN. Suva KANSAS
PUBLIC MARKS- ENGJNEERWG- UTAITIES
. ae 11-2872 I . Way 1013 �'—t
In
Exhibit A - Page 2 of 2
Parcel 4 R & J
Financial
Lot 25 & 24, Block
2, Re-plot of port
I of Blacks 1-2,
o Evergreen Park
x Addition
0 Tract 1 - Sidewalk Easement
275 square feet
N86'43'431 10019 ,n„ `5079"44'W
-�__—__-- TT\\ 58952"42 W 9998 --_- /
Southwest canes of Lot 24 Tract 1 - Point of Beginning J
Southeast Caner of Lot 25
Existing Cloud Street Right-of-way
Legend
---- Right-of-way line 41 CITY OF SAUNA. 3W W ASH, SA(WA. KANSAS
Easement line PUBLIC ACHKS- ENQNEERWG- ulwnlrs
Property line s
0 10 20 30 40
Note: All distances are in feet (� '1-2572 I" May 2013 °1_1
u SCALE: 1 = 20' �d�,
Exhibit D
TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement is made this day of , 2013, by
and between T & J ENTERPRISES, 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.
T & J ENTERPRISES, LLC
By:
Jessica M. Graham, President
ACCEPTANCE OF TEMPORARY CONSTRUCTION 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 _, 2013 by Jessica M.
Graham as President of T & J Enterprises, LLC, a Kansas limited liability company.
My appointment expires:
Notary Public
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 Lot 24 and Lot 25 of Block 2 of the Re-Plat of Port Blocks 1-2 Evergreen Pork Addition
to the City of Salina, Saline County, Kansas and more particularly described as follows:
Beginning at the southeast corner of said Lot 25;
thence on an assumed bearing of South 89' 52' 42" West on the south line of said Block 2, o distance of 99.98 feet
to the southwest corner of said Lot 24;
thence North 86' 43' 43" East, a distance of 10019 feet to the east line of said Lot 25;
thence South 0' 29' 44" West, a distance of 5.51 feet to the Point of Beginning.
Said tract contains 275 square feet more or less.
CITY Or SAUNA, JW W AS9, SALWA, KANSAS
PUBLIC AOYKS-EN(WEERINC- U/A/OES
11-2872 Yar2015 "��
.. 1_1
Exhibit A - Page 2 of 2
Parcel 4 R& J
Financial 40
Lot 25 & 24, Block
2, Re-plot of port
of Blocks 1-2,
e Evergreen Park
Addition
Tract 2 - Temporary Construction Easement
I 275 square feet
V _
N86'43'43"E I�.I ;r _5029'44"W
' r
T\ 58952'42"W 99.98
"- Southwest corner of Lot 24 Tract 2 - Point of Beginning je
Southeast Corner of Lot 25
Existing Cloud Street Right-of-way
Legend
---- Right-of-way line N arr OF SAUNA. Jon W ASH, SA(WA KANSAS
Easement line Q PUBLIC$!WKS- ENaNEERWG- u>tiuIES
Property line
0 10 20 30 40
Note: All distances ore in feet 1-2672 I= y y 200 mn
SCALE: 1" = 20' ..., I" • 1-1