9th Street Corridor Improvement Project • AGREEMENT
This Agreement is made this i day of June , 1998, by and between McDonald's
Corporation, a Delaware corporation, (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
Three Thousand Four Hundred Seventy-eight and 75/100 Dollars ($3,478.75) for the Right-of-
Way and Temporary Easement consisting of the following:
a. Right-of-Way $ 630.00
126 square feet at $5)
b. Temporary Easement 1,148.75
(919 square feet at $5 x 25%)
c. Damages to remaining property 1.700.00
(reduced utility; loss of 17 parking spaces)
Total Compensation $3,478.75
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—
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 June 15 , 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.
8. Nonassignable. The Owner's rights under this Agreement shall not be assigned
® without the prior written consent of the City.
-2-
® 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"
McDONALD'S CORPORATION
���
By :141,
✓ Catherine A. Griffin Y [Name]
Assistant Vice President [Title]
Tax ID No. 36-2361282
CITY OF SALINA, KANSAS
By /
• Dennis M. Kissi =er, Ma ager
-3-
SOUTH NINTH STREET - PHASE II
McDonald's Corporation
Tract 5
Right of Way
A tract of land in Lot 8,Block 3 of Wallerius Addition to the City of Salina, Saline
County, Kansas, and described as follows:
Beginning at the Southeast Corner of said Lot 8; thence Northerly, a distance of 20.14
feet along the East line of said Lot 8; thence Southwesterly deflecting 158 degrees 29 minutes
20 seconds left, a distance of 16.14 feet; thence Southwesterly deflecting 054 degrees 13
minutes 58 seconds left,a distance of 20.63 feet to a point on the South line,25.91 feet West of
the Southeast corner of said Lot 8; thence Easterly deflecting 165 degrees 37 minutes 45 seconds
left along said South line to the point of beginning,containing 126 square feet, more or less.
Temporary Easement
A tract of land in Lot 8, Block 3 of Wallerius Addition to the City of Salina,
Saline County, Kansas,and described as follows:
Beginning at the Southeast corner of said Lot 8; thence Westerly along the South line of
• said Lot 8,a distance of 110.00 feet; thence Northerly and parallel with the East line of said Lot
8,a distance of 8.0 feet; thence Easterly and parallel with said South line, a distance of 95.00
feet; thence Northeasterly a distance of 26.60 feet to a point on the said East line,30.00 feet
North of the point of beginning; thence South along said East line to the point of beginning,
containing 919 square feet,more or less,excluding the right of way described above.
'i,E. RO
`1 ('� '
�.�F.,Cad S T............
•
►s-9z • e•
9•.% 5V6
Exhibit A
vwfo111
&COMPANY
RIGHT OF WAY AND EASEMENT ACQUISITION
OWNER: McDONALDS CORP.
SAL/NA. KS 6740/
•
8'
PART OF LOT 8
BLK 3
W WALLERIUS ADDITION
Lu
Q o
0 o
Qz o tn
ti
o rn
Q
ti
rn e
„New vs
30' Exist. Frontage Rd. R/W
ct
• PLANET AVENUE
Exist. R/W
This does not constitute a
I' = 30
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 /4S. R 3W
•
RIGHT-OF-WAY DEED
THIS INDENTURE, made this day of May, 1998, by and between
McDONALD'S CORPORATION, a Delaware corporation, (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, 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"), as public right-of-way for the purposes of constructing, repairing,
replacing, and maintaining public street improvements, traffic signals, 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.
McDONALD'S CORPORATION
By:
® [Name]
[Title]
STATE OF , COUNTY, ss:
BE IT REMEMBERED, that on this day of May, 1998, before me, the
undersigned, a notary public in and for the county and state aforesaid, came
, of McDonald's
Corporation, 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 on behalf of
the corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-I437e(a)(13)]
Exhibit C
® SOUTH NINTH STREET - PHASE II
® McDonald's Corporation
Tract 5
Right of Way
A tract of land in Lot 8, Block 3 of Wallerius Addition to the City of Salina, Saline
County,Kansas, and described as follows:
Beginning at the Southeast Corner of said Lot 8; thence Northerly, a distance of 20.14
feet along the East line of said Lot 8; thence Southwesterly deflecting 158 degrees 29 minutes
20 seconds left,a distance of 16.14 feet; thence Southwesterly deflecting 054 degrees 13
minutes 58 seconds left,a distance of 20.63 feet to a point on the South line,25.91 feet West of
the Southeast corner of said Lot 8; thence Easterly deflecting 165 degrees 37 minutes 45 seconds
left along said South line to the point of beginning,containing 126 square feet,more or less.
Temporary Easement
A tract of land in Lot 8, Block 3 of Wallerius Addition to the City of Salina,
Saline County,Kansas,and described as follows:
Beginning at the Southeast corner of said Lot 8; thence Westerly along the South line of
said Lot 8,a distance of 110.00 feet; thence Northerly and parallel with the East line of said Lot
® 8,a distance of 8.0 feet; thence Easterly and parallel with said South line,a distance of 95.00
feet; thence Northeasterly a distance of 26.60 feet to a point on the said East line,30.00 feet
North of the point of beginping; thence South along said East line to the point of beginning,
containing 919 square feet,more or less,excluding the right of way described above.
E. R0G
E .
15-902 c
;r •
•it A $ivy /r.
S
c_-. .
Exhibit A
VIVILSOTW
&COMPANY
•
RIGHT OF WAY AND EASEMENT ACQUISITION
OWNER: MCDONALDS CORP.
SAL/NA.KS 6740/
PART OF LOT 8
BLK 3
W WALLERIUS ADDITION
Li
2 ) O
j orn
v,
-64-0u N . c' a L
30' Exist. Frontage Rd. RAY
cc
PLANET AVENUE
Exist. RAN
This does not constitute a
1' = 30
legal survey. drawing is for
informational purposes only.'
SCAL DESCRIPTION: Exhibit B
SEE PAGE 2 OF 2 PAGE I OF 2
EAST LINE OF SOUTHEAST QUARTER OF SECTION 35. T 14S. R 3W
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this day of May, 1998, by and between McDONALD'S
CORPORATION, a Delaware corporation, (the "Grantor"), and the CITY OF SALINA,
KANSAS, a municipal corporation (the "City").
WITNESSETH: The Grantor for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, and convey unto
the City, a temporary construction easement in, through, over, and across a certain portion of
land owned by the Grantor, as legally described on the attached and incorporated Exhibit A and
as depicted on the Engineering Drawing attached and incorporated as Exhibit B (the "Temporary
Easement") 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 improvements
such as driveways and sidewalks, for a term of one year commencing with the date of this
indenture.
IN WITNESS WHEREOF, the Grantor has signed this Temporary Construction
Easement this day of May, 1998.
McDONALD'S CORPORATION
By:
[Name]
[Title]
STATE OF , COUNTY, ss:
BE IT REMEMBERED, that on this day of May, 1998, before me, the undersigned,
a notary public in and for the county and state aforesaid, came
, of McDonald's Corporation, 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 on behalf of the corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year last above written.
Notary Public
Exhibit D
SOUTH NINTH STREET - PHASE II
McDonald's Corporation
Tract 5
Right of Way
A tract of land in Lot 8,Block 3 of Wallerius Addition to the City of Salina, Saline
County,Kansas,and described as follows:
Beginning at the Southeast Corner of said Lot 8; thence Northerly, a distance of 20.14
feet along the East line of said Lot 8; thence Southwesterly deflecting 158 degrees 29 minutes
20 seconds left, a distance of 16.14 feet; thence Southwesterly deflecting 054 degrees 13
minutes 58 seconds left, a distance of 20.63 feet to a point on the South line, 25.91 feet West of
the Southeast corner of said Lot 8; thence Easterly deflecting 165 degrees 37 minutes 45 seconds
left along said South line to the point of beginning,containing 126 square feet,more or less.
Temporary Easement
A tract of land in Lot 8, Block 3 of Wallerius Addition to the City of Salina,
Saline County, Kansas,and described as follows:
Beginning at the Southeast corner of said Lot 8; thence Westerly along the South line of
® said Lot 8,a distance of 110.00 feet; thence Northerly and parallel with the East line of said Lot
8, a distance of 8.0 feet; thence Easterly and parallel with said South line, a distance of 95.00
feet; thence Northeasterly a distance of 26.60 feet to a point on the said East line,30.00 feet
North of the point of beginping; thence South along said East line to the point of beginning,
containing 919 square feet,more or less,excluding the right of way described above.
����SROGFRs,,
:k3¢ , a:
Ls-902
: -
s �
Exhibit A
wig-SON
&COMPANY
RIGHT OF WAY AND EASEMENT ACQUISITION
OWNER: McDONALDS CORP.
SAUNA. KS 6740/
I .
PART OF LOT 8
8LK 3
WALLERIUS ADDITION
)
O O
cs
in
N�
.S O-
30' Exist. Frontage Rd. R/W
PLANET AVENUE
Exist. RAY
I
This does not constitute a
30
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 145. R 3W
CITY OF
® SALINA, KANSAS
City Attorney 129 South 8th
Greg A.Bengtson P.O.Box 380
(913)823-6325 Salina,KS 67402-0380
June 19, 1998
Hand-delivered
Judy D. Long
City Clerk
City of Salina
P.O. Box 736
Salina, KS 67402-0736
• Re: South Ninth Street - Ohio to Magnolia
Dear Judy:
Enclosed are Agreements and the following documents for safekeeping:
Tract No. Name of Property Owners Name of Documents
5 McDonald's Corporation Right-of-way Deed and Temporary
Easement
8 Dillon Companies, Inc. d/b/a Temporary Easement
Dillon Stores
Sincerely,
-Sue Gray CLA, Legal Assistant to
Greg A. Bengtson, City Attorney
sg
enc.
• cc. Shawn O'Leary, Director, Engineering & General Services, w/copies of documents