Agreement South 9th Phase II AGREEMENT
This Agreement is made this /S—day of May, 1998, by and between Salina T.T.
Partnership, a Kansas General Partnership, (the "Owner"), and the City of Salina, Kansas, a
municipal corporation, (the "City").
RECITALS
A. The City, in conjunction with the South Ninth Street Corridor Improvement
Project, wishes to acquire from the Owner certain public right-of-way over a portion of land
owned by the Owner.
B. The City, also in conjunction with the South Ninth Street Corridor Improvement
Project, wishes to acquire from the Owner a temporary construction easement affecting a certain
portion of land owned by the Owner for all rights of ingress and egress of the City, its
employees, contractors, and franchisees, for the purpose of matching grade between project
improvements and concrete improvements such as driveways and sidewalks, for a term of one
year.
C. The City has caused the public right-of-way and temporary construction easement
• to be acquired to be appraised and has negotiated a purchase price with the Owner, all in the
manner prescribed in Title III of the Uniform Relocation Assistance and Real Property
Acquisition Act of 1970.
D. It is the desire of the Owner to convey the public right-of-way and temporary
construction easement to the City upon the terms and conditions contained in this Agreement.
FOR AND IN CONSIDERATION of the mutual and reciprocal promises and
agreements set forth herein, the parties agree as follows:
1. Description. The public right-of-way and temporary construction easement to be
conveyed by the Owner to the City shall be as legally described on the attached and incorporated
Exhibit A and as depicted on the Engineering Drawing attached and incorporated as Exhibit B
(the "Right-of-Way" and "Temporary Easement").
2. Compensation. The City agrees to pay the Owner upon closing the total sum of
Two Thousand Seven Hundred Fifty-three and 75/100 Dollars ($2,753.75) for the Right-of-Way
and Temporary Easement consisting of the following:
a. Right-of-Way $ 440.00
(88 square feet at $5)
• b. Temporary Easement 1,813.75
(1,451 square feet at $5 x 25%)
•
® c. Damages to remaining property 500.00
(reduced utility)
Total Compensation $2,753.75
3. Documents. The Owner agrees that the Right-of-Way and Temporary Easement
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 C to this Agreement, and a Temporary
Easement document identical to the copy attached as Exhibit D to this Agreement. Both
documents 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 Right-of-Way and Temporary Easement (the "Real Estate") and that the
Real Estate is not subject to any contract for sale or other liens and encumbrances except a
Mortgage dated September 15, 1997, in favor of Security Savings Bank, F.S.B., recorded
September 16, 1997, in Book 563 of Mortgages, pages 413-416.
5. Partial Mortgage or Other Lien Release. In those cases where the Real Estate is
subject to mortgage or other liens or encumbrances, the Owner 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 expense of the City.
6. Closing. Closing shall take place on or before , 1998. At closing
the Owner shall:
a. deliver to the City the fully executed and acknowledged Right-of-Way Deed and
Temporary Easement document,
b. deliver to the City any necessary partial mortgage release or other lien release
documentation,
c. provide the City with any other necessary information such as the Owner's
current mailing address and tax identification number,
at which time the City shall pay Owner the total compensation set forth in paragraph (2) above.
7. Possession. The City shall be entitled to possession of the Right-of-Way and
Temporary Easement immediately upon closing. The Temporary Easement shall be effective for
a term of one year, commencing upon the date of the Temporary Easement document.
-2-
40 8. Nonassignable. The Owner's rights under this Agreement shall not be assigned
without the prior written consent of the City.
9. 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.
"Owner"
•
SALINA T.T. PARTNERSHIP
By OIL, `4
[Name]E. C M&aar, ad/PMLTNe& [Title]
Tax ID No. w8 - /0tn, l
CITY OF SALINA, KANSAS
By /t"‘'
Dennis M. Kissinger, ty anager
-3-
® SOUTH NINTH STREET - PHASE II
® Salina T.T. Partnership
Tract 6
Right of Way
A tract of land in the South half of the Southeast Quarter of Section 26,Township 14
South,Range 3 West of the 6`"Principal Meridian,City of Salina, Saline County, Kansas,and
described as follows;
Beginning at the Northeast corner of a tract of land as described and recorded in Book
348 at Page 979,Register of Deeds Office, Saline County,Kansas, said point being at the
intersection of the South line of Saturn Avenue and the West line of Planet Avenue in Salina,
Kansas; thence Westerly along the North line of said tact,and South line of Saturn Avenue,a
distance of 14.37 feet; thence Southeasterly,a distance of 18.80 feet to a point on the East line
of said tract,and West line of Planet Avenue, said point being 12.18 feet South of the point of
beginning; thence Northerly along said East line to the point of beginning,containing 88 square
feet,more or less.
Temporary Easement
A tract of land in the South half of the Southeast Quarter of Section 26,Township 14
® South,Range 3 West of the 6ih Principal Meridian,City of Salina,Saline County,Kansas,and
described as follows;
Beginning at the Northeast corner of a tact of land as described and recorded in Book
348 at Page 979,Register of Deeds Office,Saline County,Kansas,said point being at the
intersection of the South line of Saturn Avenue and the West line of Planet Avenue in Salina
Kansas; thence Westerly along the North line of said tract,and South line of Saturn Avenue,a
distance of 147.00 feet; thence Southerly and parallel with the East line of said tract,a distance
23.00 feet; thence Easterly and parallel with said North line a distance of 11.00 feet; thence
Northeasterly deflecting 30 degrees 57 minutes 50 seconds Left,a distance of 29.16 feet; thence
Easterly deflecting 30 degrees 57 minutes 50 seconds Right and parallel with said North line,a
• distance of 111.07 feet to a point on the East line of said tact recorded in Book 348 at Page 979;
thence Northerly along said East line a distance of 8.00 feet to the point of beginning,containing
1451 square feet,more or less,excluding the right of way described above.
•
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1S-902
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Exhibit A
vv:ascjji
&COMPANY
RIGHT OF WAY AND EASEMENT ACQUISITION
OWNER: SALINA T.T. PARTNERSHIP
SALINA.KS 6740/
23'
Ntin
A TRACT °
S 1/2. SE 1/4 v
SEC 35. T 145. R 3W — <
BK. 348. PG. 979 0
VAV
Exist. Frontage Rd. RAY 1 .l:
t
Exist. R/W
I
l' = 30 'This does not constitute a
legal survey, drawing is for
informational purposes only.'
•GAL DESCRIPTION: Exhibit B
SEE PAGE 2 OF 2 PAGE I OF 2
EAST LINE OF SOUTHEAST QUARTER OF SECTION 35, T 19S. R 3W