SE4-27-T14S- R3W AGREEMENT
® This Agreement is made this 2.„5 day of /11/Etr ,
1993, by and between ALLAN J. HOCKING, TRUSTEE UND WILL OF
JAMES S. HOCKING, deceased hereinafter referred to as the
"Grantor, " and the CITY OF SALINA, KANSAS, a municipal
corporation, hereinafter referred to as the "City. "
RECITALS
1. The City, in conjunction with the Kansas State
University Boundary Road project, wishes to acquire from the
Grantor a certain portion of land owned by the Grantor as public
right-of-way for the purpose of constructing, repairing,
replacing, and maintaining a public roadway and public utilities,
in perpetuity, hereinafter referred to as the "right-of-way. "
2 . It is the desire of the Grantor to convey the right-of-
way 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:
A. Description. The interest to be conveyed by the
Grantor to the City shall be public right-of-way in, through,
over, and across real estate owned by the Grantor more
particularly described on the Engineering Drawing attached as
Exhibit A, to this Agreement.
B. Compensation. The City agrees to pay the Grantor upon
closing the total sum of Six Hundred Eighteen and 75/100 Dollars
($618.75) for the right-of-way, consisting of the following:
Right-of-way $618 .75
(2, 475 sq. ft. at
$. 25 per sq. ft. )
Total Compensation $618.75
C. Right-of-way Documents. The Grantor agrees that the
right-of-way shall be conveyed to the City by Grantor's execution
and delivery. to the City of a Right-of-Way Deed identical to the
copy attached as Exhibit B to this Agreement. The Right-of-way
Deed shall be recorded by the City with the office of the Saline
County Register of Deeds, at the City's. expense.
D. Covenant of Title. Grantor covenants that Grantor is
the lawful owner of the real estate described in paragraph (A)
above and that the real estate is not subject to any contract for
sale or other liens and encumbrances except: None.
E. Partial Mortgage or Other Lien Release. In those cases
where the right-of-way in paragraph (A) is subject to mortgage or
other liens or encumbrances, the Grantor shall at closing deliver
to the City a duly executed and acknowledged 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. Any partial mortgage release or other
® lien release documents shall be recorded by the City with the
office of the Saline County Register of Deeds, at the City's
expense.
F. Closing. Closing shall take place on or before
. At closing the Grantor shall:
1. deliver to the City the fully executed and
acknowledged right-of-way documents,
2 . deliver to the City any necessary partial mortgage
release or other lien release documentation,
3 . provide the City with any other necessary
information such as Grantor's current mailing address
and social security or tax identification number,
at which time the City shall pay Grantor the total compensation
set forth in paragraph (B) above.
G. Nonassignable. Grantor's rights under this Agreement
shall not be assigned without the prior written consent of the
City.
H. Binding Effect. The terms of this Agreement shall be
binding upon and inure to the benefit of the heirs, executors,
administrators, and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their
hands the day and year first above written.
ALLAN J. HOCKING, TRUSTEE UNDER
WILL OF JAMES S. HOCKING, Deceased
BY t � l._
AL J. rO IN , Tr . tee
Social Sec, /Tax ID No 418 -6/2-094
CITY OF SALINA, KANSAS
By g\-\.
Dennis M. Kissi ,
City Manager
-2-
•
® 111111$ BUCHER, WILLIS & RATLIFF
If1iPi• ENGINEERS ■ PLANNERS ■ARCHITECTS
RIGHT-OF-WAY
DESCRIPTION:
A tract of land lying In the Southeast Quarter (SE /14) of Section Twenty-Seven (27),
Township Fourteen (TI4S) South. Range Three (R3W) West of the Sixth (6th) Principal
Meridian In the Schilling Subdivision, City of Salina, Saline County. Kansas; more
particularly described as follows:
Commencing at the Northeast corner of said quarter section; thence N 89'49'04' W
along the North boundary of said quarter section a distance of 1278.00 feet to tie POINT
OF BEG INNING: thence N 89'49'04' W a distance of 75.00 feet; thence S 00'50'46' W
a distance of 33.00 feet; thence S 89.49'04' E a distance of 75.00 feet; thence
N 00.50'46' E a distance of 33.00 feet to the POINT OF BEGINNING.
The above described tract contains 2475.00 square feet more or less.
0) ' it
75.00' °I
1 N 89'49'04' W E I
Le) POINT OF BEGINNING
I
1187.93' cu i 84.90' 1278.00'
I_ _.._. .;���
33.00' Schilling Subdivision Boundary.
S 00. 146' W 33.00' I
NW Cor. of i N 00'50'46' E NE Cor. of
SE1/4Sec. 27
75.00' SE 1/4 Sec. 27
TI4S R3W S 89'49'04' E TI4S R3W I
N NOTE:
NI Dimensions and Bearings have been established using the
Data in tie Schilling Subdivision Platt of Sa •- County. Kansas.
/
'S__, './�1..a
® No Scale enneth J. Trrner, RLS 297
EXHIBIT A