9th and Cloud Improvement Project ROW, siedewalk, Utility and construction easement AGREEMENT
This Agreement is made this 24 day of October, 2013, by and between KANSAS
WESLEYAN UNIVERSITY, a Kansas not-for-profit corporation, (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 right-of-way, utility easement, and temporary construction
easement affecting a certain portion of land owned by the Owner.
B. The City has caused the right-of-way, 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 right-of-way, 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 Right-of-Way. The right-of-way to be conveyed by the Owner to
the City shall be as depicted and legally described on the attached and incorporated Exhibit A
(the "Right-of-Way").
2. 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 B (the "Utility Easement").
3. 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 C (the "Temporary Construction Easement").
4. Compensation. The City agrees to pay the Owner upon closing the total sum of
Two Thousand Three Hundred Ninety-Five Dollars ($2,395.00) for the Right-of-Way, Utility
Easement, and Temporary Construction Easement consisting of the following:
a. Right-of-Way $ 535.00
(36 square feet)
b. Utility Easement $ 1,360.00
(189 square feet)
c. Temporary Construction Easement $ 500.00
(189 square feet)
Total Compensation $ 2,395.00
CITY OF SALINA, KANSAS
By:
QV/494 n A. Gage, City Manager
-3-
•
5. 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 D to this Agreement. 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 Exhibit E and F to this Agreement. The Right-of-Way Deed, 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.
6. 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.
7. Covenant of Title. The Owner covenants that it is the lawful owner of the real
estate affected by the Right-of-Way, Utility Easement, and Temporary Construction Easement.
8. Closing. Closing shall take place on or before November 1, 2013. At closing the
Owner shall:
a. deliver to the City the fully executed and acknowledged Right-of-Way
Deed, 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 4 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.
KANSAS WESLEYAN IVERSITY
By: WM
Wayne Schneider, Vice President
-2-
Exhibit A - Page 1 of 2
Description:
A tract of land in Lot 98, on Ninth Street, in the Grounds of the Kansas Wesleyan University, an addition to the City
of Salina, County of Saline, Kansas and more particularly described as follows:
Beginning at the southwest corner of Lot 98;
thence on on assumed bearing of North 0' 20' 06° East on the west line of said Lot 98, a distance of 6.01 feet;
thence South 89' 41' 46° East, a distance of 6.00 feet;
thence South 0' 18' 14° West, a distance of 6.00 feet to the south line of said Lot 98;
thence North 89' 42' 58" West on the south line of said Lot 98, a distance of 6.00 feet to the Point of Beginning.
Said tract contains 36 square feet more or less.
WY Of SALINA• JW Y A91, SALNA..KANSAS
H/&M XIXMS- ENaA(ERNG- UIdnCS
~� 11-2872 Ira uay 2013 --- 1-1
Exhibit A - Page 2 of 2
•
r'
•
t ,. € Parcel 5 nit/3 I Lot 88, Lot 90 Lot 92, Lot 94, •
c
•
- i i Lot 96, and Lot 98 on Ninth •
•
o!, Street, in the grounds of
ti m
Kansas Weslepn University •
ce Addition •
•
N y
W6,-- I
•
Wily Easement
•
I /
I N
589'4]46"£ '
6.00 r
-- — ----------
N070'O8 F ' r� Trott 7 - Right-of-way
,_ / \ 36 square feet
6.01 .
S07874'W ` Existing goud Street Rght-of-woy
6.00
IL N89'47 00 W
6.00
Point of Beginning - Tract L
Southwest Corner of Lot 98
Legend
---- Right-ol-woy line N aTYOFSANIA. 300 wow, SAUNA KANSAS
Easement line FMK' SOWS-DiGNEERWC- uanrs
Property ealine °_11-2872 0 10 20 30 40
Note: All distances are in feet "° 11-2872 1-- may lau nu
SCALE: 1' = 20' „„ I" • 7-1
Exhibit B - Page 1 of 2
Description:
A tract of land in Lot 98, on Ninth Street, in the Grounds of the Kansas Wesleyan University, on addition to the City
of Solino, County of Saline, Kansas and more particularly described as follows:
Commencing at the southwest corner of said Lot 98;
thence on on assumed bearing of South 89' 42' 58" East on the south line of said Lot 98, o distance of 6.00 feet
to the Point of Beginning;
thence North 0' 18' 14" East, a distance of 6.00 feet;
thence North 89' 41' 46" West, a distance of 6.00 feet to the west line of said Lot 98;
thence North 0' 20' 06" East on the west line of said Lot 98, a distance of 15.34 feet;
thence South 44' 24' 37" East, a distance of 3002 feet to the south line of said Lot 98;
thence North 89' 42' 58" West on the south line of said Lot 98, a distance of 15.13 feet to the Point of Beginning.
Said tract contains 189 square feet more or less.
an OF SAIW1 SG0 0'A9G SALIVA. KANSAS
RAW o 5-ENGWEEKiwG- UARES
11-2872 r Yor 2073 1-1
d ems. P •
Exhibit B - Page 2 of 2
1
- I Parcel 5 KVN .I
3 Lot 88, Lot 90, Lot 92, Lot 94, :,
c o 1 tot 96, and Lot 98 on Ninth ;
Street, in the grounds:stool
It
`^a = Kansas Wesleyan University �y
c� Addition
7, v 1 S
Cu'h h
9
Lni
tc-
m1 y 1
a1 Lf..,.t_ i - _ i1
5
Tract 2 - ,"r_'-._3' N078.14.1
Utdity Easement r 6.00
189.spree feet `Point of Beginning - Tract 2
--' "'—_
N89'47'46"W �N89'4238'W 75.13 \
600 ` Existing Cloud Street Right-of-way
589'42'58'E
6.00
Point of Commencement - Tract 2
Legend
---- Right—of—way line N err OF SAUNA. .xn W ASH, SALwa KANSAS
Easement line A PUBLIC 1U?KS- ENavEERWC- (17117(5
Property line
a 10 20 30 40
Note: All distances are in feet n —I' 11-2872 In May sou
SCALE: 1" = 20' ,w� -s.-�� t.. • -�
Exhibit C - Page 1 of 2
Description:
A tract of land in Lot 98, on Ninth Street, in the Grounds of the Kansas Wesleyan University, on addition to the City
of Salina, County of Saline, Kansas and more particularly described os follows:
Commencing of the southwest corner of sold Lot 98,
thence on an assumed bearing of South 89' 42' 58" East on the south line of said Lot 98, o distance of 600 feet
to the Point of Beginning;
thence North 0' 18' 14" East, a distance of 6.00 feet;
thence North 89' 41' 46" West, a distance of 6.00 feet to the west line of said Lot 98;
thence North 0' 20' 06" Eost on the west line of said Lot 98, o distance of 15.34 feet;
thence South 44' 24' 37" East, a distance of 3002 feet to the south line of said Lot 98;
thence North 89' 42' 58" West on the south line of said Lot 98, a distance of 15.13 feet to the Point of Beginning.
Said tract contains 789 square feet more or less.
OTT OF SALINA. JW w ASH. SALIVA,KANSAS
PORK MATS- ENGINEERING- UI[ntS
11-2872 `�� Mey 2013 1_1
N.e.._ �.N S.e� I^ •
Exhibit C - Page 2 of 2
r o Parcel 5 KM)
2x I Lot 88, Lot 90, Lot 92, Lot 94,
r a 1 Lot 96, and Lot 98 on Ninth
N L. I Street, in the grounds of
Kansas Wesleyan University
._°'`Y i Addition
7v 1 F.
WH vI
h D l
big- yJ
0 1 U .. .....a
5 - ` °� Trott 3 - Temporary Construction Easement
N89'41.46'W „ 789 square fret
ism 6.00 yr'
N078'14 E N89'42:58-W 15.13--- -----
6.00 Existing Cloud Street Right-of-way
Point of Beginning - Tract 3
.5894238'1
6.00
Point of Commencement - Tract 3
Southwest corner of Lot 98
Legend
---- Right-of-woy line N air OF SAUNA. XV W A9+, SAUNA, KANSAS
Easement line i PUBLIC SORKS-ENa..fERwc- (RUBfs
Property line
0 10 20 30 40
Note: All distances ore in feet 1-2872 yoy2013 '°`
SCALE: 1" = 20' �.., In • -�
•
Exhibit D
RIGHT-OF-WAY DEED
This Right-of-Way Deed is made this _ day of , 2013, by and between
KANSAS WESLEYAN UNIVERSITY, a Kansas not-for-profit corporation, (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
the real estate legally described and depicted on the attached and incorporated Exhibit A (the
"Real Estate") as public right-of-way (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, and its authorized franchisees and licensees.
TERM: The Right-of-Way shall be perpetual.
OWNERSHIP: Grantor covenants that it owns the Real Estate and has the right, title,
and capacity to grant the Right-of-Way.
MAINTENANCE: Grantor acknowledges that the Right-of-Way shall not affect the
Grantor's obligation to maintain its property adjoining the Real Estate.
IMPROVEMENTS: Grantor acknowledges that the construction of any building or
structure, or the installation of fencing or landscaping on real property adjoining the Real Estate
is governed by the Salina Code as it may be amended from time to time.
IN WITNESS WHEREOF, the Grantor has executed this Right-of-Way Deed to be
effective as of the day and year written above.
KANSAS WESLEYAN UNIVERSITY
By:
Wayne Schneider, Vice President
ACCEPTANCE OF RIGHT-OF-WAY DEED
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 Wayne
Schneider as Vice President of Kansas Wesleyan University, a Kansas not-for-profit corporation.
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 in Lot 98, on Ninth Street, in the Grounds of the Konsos Wesleyan University, on addition to the City
of Salina, County of Saline, Kansas and more particularly described as follows:
Beginning at the southwest corner of Lot 98;
thence on an assumed bearing of North 0' 20' 06" East on the west line of said Lot 98, a distance of 6.01 feet;
thence South 89' 41' 46" East, a distance of 6.00 feet;
thence South 0' 18' 14" West, a distance of 6.00 feet to the south line of said Lot 98;
thence North 89' 42' 58" West on the south line of said Lot 98, a distance of 6.00 feet to the Point of Beginning.
Said tract contains 36 square feet more or less.
OW Of SAUNA. SOO W ASH. SAL WA, KANSAS
PUBLIC WORKS- ENCAYERNC- UMBEs
ae 11-2872 Ire May 20U F,_,
In •
Exhibit A - Page 2 of 2
t I Parcel 5 KWN
2 I lot && lot 90, lot 92, Lot 99,
t a 1 Lot 96, and Lot 98 on Ninth
! I Street, in the grounds of
Ln a Kansas Wesleyan University
°
cice i Addition
h
W1
Ulfiity Easement
n\�
I
1 ,
589'41'46 E -`"'`
r .
6.00 �\ 7.. ._m:a_-___—.__
Tract 1 - Right-of-way
N070'06 f ` ,T6 square feet
60J�s- \
5078'14"W ` Existing Cloud Street Right-of-way
6.00
N--\\_N89'4158"W -----
6.017
Point of Beginning - Tract J
Southwest Caner of Lot 98
Legend
---- Right-of-way line N CITY OF SALINA. 300 WA9l, SALNA,KANSAS
Easement line PVBLC VOWS- ENGINEERING-UTILITIES
Property line
1 0 10 20 30 40
Note: All distances are in feet 2 7e_I" Way p
r ,i
SCALE: 1- = 20' In e, 1-1
Exhibit E
PERMANENT UTILITY EASEMENT
This Permanent Utility Easement is made this _ day of , 2013, by and
between KANSAS WESLEYAN UNIVERSITY, a Kansas not-for-profit corporation, (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.
KANSAS WESLEYAN UNIVERSITY
By:
Wayne Schneider, Vice President
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 , 2013 by Wayne
Schneider as Vice President of Kansas Wesleyan University, a Kansas not-for-profit corporation.
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 in Lot 98, on Ninth Street, in the Grounds of the Kansas Wesleyan University, on addition to the City
of Salina, County of Saline, Kansas and more particularly described as follows:
Commencing at the southwest corner of said Lot 98;
thence on on assumed bearing of South 89' 42' 58" East on the south line of said Lot 98, a distance of 6.00 feet
to the Point of Beginning;
thence North 0' 18' 14" East, a distance of 6.00 feet;
thence North 89' 41' 46" West, a distance of 6.00 feet to the west line of said Lot 98;
thence North 0' 20' 06" East on the west line of said Lot 98, a distance of 15.34 feet;
thence South 44' 24' 37" East, a distance of 30.02 feet to the south line of said Lot 98.
thence North 89' 42' 58" West on the south line of said Lot 98, a distance of 15.13 feet to the Point of Beginning.
Said tract contains 189 square feet more or less.
an'Or SAUNA. 300 w A9( SILWA. KANSAS
PUBLIC PARKS- ENawuERWO- U➢n7£5
11-2872 1.� Way 7073 1_1
Exhibit A - Page 2 of 2
•
/; 3
S�IParcel Kwt/
3 Lot 88, Lot 90, Lot 92 Lot 94, ,
c o I Lot 96, and Lot 98 on Ninth
o! Street, in the grounds of
'�m Kansas Wesleyan University '1
.cce 1 Addition 1
W H
' spy 1
of _1 I1.:-(j'j S,_ _ _
a.�:, Ste. ...
Tract 2 j!� `r ,,,?' N078'14-
Unity Easement r.'.±-' 6.00
189 square feet • --'--.Por1t_of Beginning - Tract 2
N89'4I'4 00 �N29'4258"W 15.13 \
600 ` Existing Cloud Street Right-of-way
S89'4258 C
6.00
Point of Commencement - Tract 2
Legend —
---- Right-of-way line N arr OF SALWA, xn WA91.. SALINA.KANSAS
Easement line I PUBLIC NOPKS-ENGINEERING- UTAITFS
Property Line
1 0 10 20 30 40
Note: All distances ore in feet Q 1-2872 r may2a1S 1_,
SCALE: r = 20' —..'— in •
Exhibit F
TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement is made this _ day of , 2013, by
and between KANSAS WESLEYAN UNIVERSITY, a Kansas not-for-profit corporation, (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 (I) 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.
KANSAS WESLEYAN UNIVERSITY
By:
Wayne Schneider, Vice President
ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT
CITY OF SALINA, KANSAS
By:
Jason A. Gage, City Manager
A I l EST:
Lieu Ann Elsey, CMC, City Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on _, 2013 by Wayne
Schneider as Vice President of Kansas Wesleyan University, a Kansas not-for-profit corporation.
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 in Lot 98, on Ninth Street, in the Grounds of the Kansas Wesleyan University, on addition to the City
of Salina, County of Saline, Kansas and more porticulorly described os follows:
Commencing of the southwest corner of said Lot 98,
thence on on assumed bearing of South 89' 42' 58" East on the south line of sold Lot 98, o distance of 600 feet
to the Point of Beginning;
thence North 0' 18' 14" East, a distance of 600 feet;
thence North 89' 41' 46" West, a distance of 600 feet to the west line of said Lot 98;
thence North 0' 20' 06" East on the west line of said Lot 98, a distance of 15.34 feet;
thence South 44' 24' 37" East, a distance of 3002 feet to the south line of said Lot 98;
thence North 89' 42' 58' West on the south line of said Lot 98, a distance of 15.13 feet to the Point of Beginning.
Said tract contains 189 square feet more or less.
air Or SAVEA, SW W A91,, SAL WA,KANSAS
PUBLIC A04KS- ENCG'EERWC- UTILITIES
~w 11-2872 l . 41°Y 20" X1_1
In •
.
Exhibit A - Page 2 of 2
Parch 5 10111 2t I Lot 88, Lot 90, Lot 92, Lot 94,
t o i Lot 96, and Lot 98 on Ninth
•
o I Street, in the grounds of
a Xansas Wesleyan University
.acre- 1 Addition
h v 1 8
W v
•
S
WI 2 ny
O J] F12/2.E'
___.v.-
. °v' Tract 3 - Temporary Construction Easement
N89'41.46"W ,,. 189 square feet
6.00
N078.14E - -N89'42'S8"W 15.73--- -----
6.00 Existing Cloud Street Right-of-way
Point of Beginning - Tract 3
589'42'58T
6.00
•
Point of Commencement - Tract 3
Southwest caner of Lot 98
Legend
---- Right-of-way l i n e N WY or S a a+a IA w A9i Sawa KANS S
Easement line u RJ61ti ACM'S- EMi1EERWG- UIRIIfs
Properly line
0 10 20 30 40
nn
Note: All distances are in feet 4 ~° 11-2872 I" May 213
SCALE: r = 20' .m. .-a,--.„� l° • -�