NW4S8T14SR2W AGREEMENT
This Agreement is made this,/ day of MA roh , 2014, by and between RICHARD
DEANE LORENSON, a single man, (the "Owner"), and the CITY OF SALINA, KANSAS, a
municipal corporation, (the"City").
RECITALS
A. The City, in conjunction with the East North Street water main improvement
project, wishes to acquire from the Owner certain permanent utility easement affecting a certain
portion of land owned by the Owner.
B. The City has caused the permanent utility 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 permanent utility 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 Permanent Utility Easement. The permanent utility easement to be
conveyed by the Owner to the City shall be as depicted and legally described on the attached and
incorporated Exhibits A and B (the"Permanent Utility Easement").
2. Compensation. The City agrees to pay the Owner upon closing the total sum of
Three Thousand Six Hundred Forty Dollars ($3,640.00) for the 25,243 square foot Permanent
Utility Easement.
3. Document. The Owner agrees that the Permanent Utility Easement shall be
conveyed to the City by the Owner's execution and delivery to the City of Permanent Utility
Easement document identical to the copy attached as Exhibit C to this Agreement. The
Permanent Utility Easement document 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. The Owner covenants that it is the lawful owner of the real
estate affected by the Permanent Utility Easement and that the real estate is not subject to any
mortgage or other lien encumbrance.
5. Closing. Closing shall take place on or before 4pr%1 IS, 2014. At
closing the Owner shall:
a. deliver to the City the fully executed and acknowledged Permanent Utility
Easement document, 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 compensation set forth in paragraph 2 above.
6. Nonassignable. The Owner's rights under this Agreement shall not be assigned
without the prior written consent of the City.
7. 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.
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Richard Deane Lorenson
CITY OF SALINA, KANSAS
By: City ason A. Gage, City Manager
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Exhibit A
Utility Easement
Water Line Replacement
(North Street and Eastborough Road)
Owner. Richard Deane Lomenson
2485 E NORTH ST,
Salina, KS 67401
Legal Description:
A tract of land located In the Northwest Quarter of Section 8, Township 14 South, Range 2
West, of the Sixth Principal Meridian, Saline County, Kansas, and more particularly
described as follows:
Commencing at the Southeast Comer of said Northwest Quarter;
Thence on an assumed bearing of North 00°06'55° East on the east line of said Northwest
Quarter, a distance of 20.00 feet to the Point of Beginning;
Thence South 89°41'03°West on the north right of way line of North Street, a distance of
616.69 feet;
Thence North 86°09'16"West on the north right of way line of North Street, a distance of
551.22 feet;
Thence South 89°41'03"West on the north right of way line of North Street, a distance of
105.00 feet to the centerline of the Smoky Hill River;
Thence North 47°01'09" East on the centerline of the Smoky Hill River, a distance of 29.51
feet;
Thence North 89°41'03" East, a distance of 84.03 feet;
Thence South 86°09'16° East, a distance of 551.22 feet
Thence North 89°41'03" East, a distance of 616.11 feet to the east line of said Northwest
Quarter,
Thence South 00°06'55°West on said east line, a distance of 20.00 feet to the Point Of
Beginning.
Said tract contains 25243 square feet, more or less.
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CITY Cr SALINA, KANSAS
FU&IC MIXMS — EaraxmaKC — LITIMES
Exhibit A
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551.22
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1 Richard Dean Lorenson Warranty Deed
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616.69
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Point of Commencement, 0 East Line.Northwest},1
Southeast Comer of \ Section 6
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20.00 Point SBeginning art cc sum& KANSAS �
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POaUC •chats - ENWID:R110 - un.nES
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0 75 150 225 300 Exhibit B
Pared 3 •
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___._._. p• 1�2-2
EXHIBIT C
PERMANENT UTILITY EASEMENT
This Permanent Utility Easement is made this day of , 2014, by and
between RICHARD DEANE LORENSON, a single man, (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 Exhibits A and B (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 The Grantor owns the Real Estate and has the
right, title, and capacity to grant the Easement.
USE AND MAINTENANCE: Grantor acknowledges that Grantor's use of the Real Estate
shall be consistent and not interfere with the Easement and that the Easement shall not affect the
Grantor's obligation to maintain the Real Estate.
SURFACE GRADE: The 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.
Richard Deane Lorenson
ACCEPTANCE OF PERMANENT UTILITY EASEMENT
CITY OF SALINA, KANSAS
By:
Jason A. Gage, City Manager
ATTEST:
Shandi Wicks, CMC, Interim City Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on , 2014 by Richard
Deane Lorenson, a single man.
My appointment expires:
Notary Public
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on _ _, 2014, by Jason A.
Gage as City Manager and Shandi Wicks, CMC, as Interim 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
Utility Easement
Water Line Replacement
(North Street and Eastborough Road)
Owner. Richard Deane Lomenson
2485 E NORTH ST,
Salina, KS 67401
Legal Description:
A tract of land located In the Northwest Quarter of Section 8, Township 14 South, Range 2
West, of the Sixth Principal Meridian, Saline County, Kansas, and more particularly
described as follows:
Commencing at the Southeast Corner of said Northwest Quarter,
Thence on an assumed bearing of North 00°06'55" East on the east line of said Northwest
• Quarter, a distance of 20.00 feet to the Point of Beginning;
Thence South 89°41'03 West on the north right of way line of North Street, a distance of
616.69 feet;
Thence North 86°09'16"West on the north right of way line of North Street, a distance of
551.22 feet;
Thence South 89°41'03"West on the north right of way line of North Street, a distance of
105.00 feet to the centerline of the Smoky Hill River;
Thence North 47°01'09" East on the centerline of the Smoky Hill River, a distance of 29.51
feet
Thence North 89°41'03" East, a distance of 84.03 feet;
Thence South 86°09'16° East, a distance of 551.22 feet;
Thence North 89°41'03" East, a distance of 616.11 feet to the east line of said Northwest
Quarter,
Thence South 00°06'55°West on said east line, a distance of 20.00 feet to the Point Of
Beginning.
Said tract contains 25243 square feet, more or less.
QTY OF Su.wA. KANSAS
PUBLIC WORKS — ENQNEE NO — UT UTES
Exhibit A
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105.00
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551.22
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Z I O General Warranty Deed
�l Book: 319, Page: 958
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616.69
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616.11 6.11
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Point of Commencement. %.\ East Line.Northwest Section 8,
Southeast Coiner of
Northwest i of Section 8 ' — ' —
S0'06'55'W 1
20.00 �
N0'06'55'E 1
20.00 Point of Beginning Ott CF SAUNA. KANSAS
PUBUC Ya0ZS - ENGINEERING - uMUES
0 75 150 225 300 Exhibit B
Parcel 3
—O SCAM 1 = 150' I °Feb 2011
�.___ p. r-2
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