NE4-27-T14S-R3W AGREEMENT
® This Agreement is made this ' " day of L;/_ . ,
1992, by and between ALLAN J. HOLY NG, TRUSTEE 8 DER WI L OF
JAMES S. HOCKING, deceased hereinafter referred to -
"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 Forty-three and 32/100
Dollars ($643 . 32) for the right-of-way, consisting of the
following:
Right-of-way $643 . 32
(2573 . 27 sq. ft. at
$. 25 per sq. ft. )
Total Compensation $643.32
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
nk�Z y/ .z
,9 - . 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 // Al ' / -
ALLAN J.4-: ert I G, Tru-tee
Social Sea. /T. --?- h • 48-61209 (j
CITY OF SAALINA, KANSAS
By AL /41 .,-ea_i-O21
Dennis M. Kissi g✓
City Manager
III
-2-
• W RArIFF
Tract No. Ni3 4
CONSU!TiNC ELLIG;N s, P,_ANNERS k ARCH=
Right—of—Way
DESCRIPT ON:
A :root of land iyir Northeast g in the Noheast Quarter (NEB) of Section
Twenty—seven ^(27). Township Fourteen (14) South, Range Three (3) West of
of the Sixth (6th) principal Meridian in the Schilling Subdivision, City of Sciinc.
Saline County, Kansas: more perticuicriy described cs follows:
Commencing ct the Southeast corner of seid quarter section; thence
N 8949'04' 'N cicng the South boundary of said quarter section a distance
of 942.93 feet to the point of beginning: thence N 89'49'04 W a distance
of 171.35 feet: thence N 0'06'10" 'N a distance of 15.00 feet; thence
S 894_'04" E a distance of 171.42 feet; thence S 0'06'10" E a distance of
15.02 feet to the point of beginning. The above described tract contains
2573.27 square feet more cr less. lY
OWNER : J . S. Hocking & Wife
840 Manor Road
Salina, Kansas 67401
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Scale: 1.=1001
75
S 00'06'10" E
N 00'06'10" W S 89'49'04" E 15.02'
1187.93' 91.98' 15.00' 171.42'
• 942.93'
NW Cor. of } N 89'49'04 W 171.35' POB SE Cor. of
5E4, Sec. 27 F NEZ, Sec. :
T14S R3W T14S R3W
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• EXHIBIT A
RIGHT-OF-WAY DEED
THIS INDENTURE, made this day of , 1992, by and
between ALLAN J. HOCKING, TRUSTEE UNDER WILL OF JAMES S. HOCKING,
deceased, (the "Grantor") and THE CITY OF SALINA, KANSAS, a
municipal corporation (the "City") :
WITNESSETH: That the Grantor, for good and valuable
consideration, receipt of which is hereby acknowledged, does hereby
grant, bargain, sell, and convey unto the City, that certain
portion of land owned by the Grantor, more particularly described
on the Engineering Drawing attached as Exhibit A to this Right-of-
way Deed, as public right-of-way for the purpose of constructing,
installing, repairing, replacing, and maintaining a public roadway
and public utilities, in perpetuity.
IN WITNESS WHEREOF, the Grantor has hereunto caused this
instrument to be executed the day and year first above written.
ALLAN J. HOCKING, TRUSTEE UNDER WILL
OF JAMES S. HOCKING, Deceased
® By:
Allan J. Hocking, Trustee
STATE OF KANSAS, COUNTY OF , ss:
BE IT REMEMBERED, that on this day of
1992 , before me, the undersigned, a notary public in and for the
county and state aforesaid, came Allan J. Hocking, Trustee Under
will of James S. Hocking, deceased, who is personally known to me
to be the same person who executed the above and foregoing
instrument of writing and duly acknowledged the execution of the
same.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
•
affixed my official seal the day and year last above written.
Notary Public
•
EXHIBIT B