2014 Utiltiy Easment Agreement AGREEMENT
This Agreement is made this 11th day of July, 2014, by and between EASTRIDGE
DEVELOPMENT, INC.; a Kansas corporation, (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 right-of-way and permanent utility easement
affecting a certain portion of land owned by the Owner.
B. The City has caused the right-of-way and 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 right-of-way and 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 Right-of-Way. The right-of-way 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 "Right-of-Way").
2. Description of 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 C and D (the "Permanent Utility Easement").
3. Compensation. The City agrees to pay the Owner upon closing the total sum of
Four Thousand One Hundred Eighty-Five Dollars ($4,185.00) for the Right-of-Way and
Permanent Utility Easement, consisting of the following:
a. Right-of-Way $ 581.00
(2,531 square feet)
b. Permanent Utility Easement $ 3,604.00
(19,622 square feet)
Total Compensation $ 4,185.00
4. Documents. The Owner agrees that the Right-of-Way 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 E to this Agreement. 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 a
Permanent Utility Easement document identical to the copy attached as Exhibit F to this
Agreement. The Right-of-Way Deed and Permanent Utility Easement documents shall be
recorded by the City with the office of the Saline County Register of Deeds, at the expense of the
City.
5. Covenant of Title. The Owner covenants that it is the lawful owner of the real
estate affected by the Right-of-Way and Permanent Utility Easement, and that the real estate is
not subject to any mortgage or other lien encumbrance.
6. Closing. Closing shall take place on or before July 31, 2014. At closing the
Owner shall:
a. deliver to the City the fully executed and acknowledged Right-of-Way
Deed and Permanent Utility Easement, 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 total compensation set forth in paragraph 3 above.
7. Nonassignable. The Owner's rights under this Agreement shall not be assigned
without the prior written consent of the City.
8. 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.
EAST•ID GE DEVELOPMENT, INC
By: ee 1/Leo
341,'el C. 'ng, Presi. -nt
CITY OF SALINA, KANSAS By: isolliA104 . ,
ason A. Gage, City Manager
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Exhibit A
Right of Way
Owner Eastrigde Development, Inc.
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 follow:
Commencing at the Southwest Corner of said Northwest Quarter;
Thence on an assumed bearing of North 89' 41' 03" East on the south line of
said Northwest Quarter, a distance of 380.24 feet;
Thence North 00' 18' 57" West, a distance of 40.00 feet to the north right of
way line of North Street and the Point of Beginning;
Thence North 80' 00' 09" West on the north right of way The of North Street, a
distance of 55.86 feet to the City of Salina Flood Control right of way,
Thence North 00' 00' 22" East on the City of Salina Hood Control right of way, a
distance of 65.00 feet;
Thence South 50' 00' 00" East, a distance of 68.01 feet;
Thence South 05' 21' 22" East, a distance of 31. 12 feet to the Point of
Beginning.
Said tract contains 2531 square feet more or less.
CITY CT SAUNA SW W ASK SAUNA KANSAS
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Exhibit A
Parcel 2 Right of Way
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West Line, Northwest a. Section 8
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Centerline Morymount Road
Point of Commencement,
Southwest Corner of -Existing Right-of-Way Line
Northwest .3 of Section 8
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Exhibit B
Pored 2 Right of Way
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Exhibit C
Public Utility Easement
Owner. Eastridge Development, Inc.
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 os follows:
Commencing at the Southwest Corner of said Northwest Quarter;
Thence on an assumed bearing of North 89' 41' 03" East on the south line of said
Northwest Quarter, a distance of 380.24 feet;
Thence North 00' 18' 57" West, a distance of 40.00 feet to the north right of way
.line of North Street and the Point of Beginning;
Thence North 05' 21' 22" West, a distance of 31. 12 feet;
Thence South 49' 59' 48" East, a distance of 1700 feet;
Thence North 89' 41' 03" East, o distance of 608.76 feet;
Thence North 83' 58' 36" East, a distance of 201.11 feet;
Thence North 89' 41' 05" East, a distance of 16770 feet to the centerline of Smoky
River,
Thence South 47' 01' 09" West on the centerline of Smoky Hill River, o distance of
29.51 feet;
Thence South 89' 41' 05" West on said right of way line, a distance of 145.00 feet;
Thence South 83' 58' 36" West on said right of way line, a distance of 201.11 feet;
Thence South 89' 41' 03° West on said right of way line, a distance of 619.99 feet
the Point of Beginning.
Said tract contains 19622 square feet more or less.
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West Line, Northwest q, Section 8
Exhibit D — — Centerlliie Marymounf Hood d _
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Southwest Corner of Existing Right-of-Way Line
Northwest i of Section 8
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Exhibit E
RIGHT-OF-WAY DEED
This Right-of-Way Deed is made this _ day of July, 2014, by and between
EASTRIDGE DEVELOPMENT, INC., a Kansas corporation, (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
the real estate legally described and depicted on the attached and incorporated Exhibits A and B
(the "Real Estate") as public right-of-way (the "Right-of-Way") for the purposes of locating,
constructing, excavating, and maintaining:
A. Public means of transportation including roadways, streets, bridges, sidewalks,
paths, crosswalks, and traffic control devices;
B. Public drainage structures including, but not limited to, culverts, pipes, levees,
and channels;
C. Public landscaping and other aesthetic improvements; and
D. Poles, wires, conduit, pipeline, and junction boxes for the purposes of conducting,
transmitting, and distributing water, sewage, electricity, gas, and electronic
communications by the City, and its authorized franchisees and licensees.
TERM: The Right-of-Way shall be perpetual.
OWNERSHIP: The Grantor covenants that the Grantor owns the Real Estate and has
the right, title, and capacity to grant the Right-of-Way.
USE AND MAINTENANCE: The Grantor acknowledges that the use of the Grantor's
property adjoining the Real Estate shall be consistent and not interfere with the Right-of-Way
and that the Right-of-Way shall not affect the Grantor's obligation to maintain the Grantor's
property adjoining the Real Estate.
IN WITNESS WHEREOF, the Grantor has executed this Right-of-Way Deed to be
effective as of the day and year written above.
EASTRIDGE DEVELOPMENT, INC
By:
Daniel C. King, President
ACCEPTANCE OF RIGHT-OF-WAY DEED
CITY OF SALINA, KANSAS
By:
Jason A. Gage, City Manager
ATTEST:
Shandi Wicks, CMC, City Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on July 2014 by Daniel C. King as
President of Fastridge Development, Inc., a Kansas corporation.
My appointment expires:
Notary Public
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on July _, 2014, by Jason A. Gage as
City Manager and Shandi Wicks, CMC, as 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)]
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Exhibit F
PERMANENT UTILITY EASEMENT
This Permanent Utility Easement is made this day of July, 2014, by and between
EASTRIDGE DEVELOPMENT, INC., a Kansas corporation, (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 the 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.
EASTRIDGE DEVELOPMENT, INC
By:
Daniel C. King, President
ACCEPTANCE OF PERMANENT UTILITY EASEMENT
CITY OF SALINA, KANSAS
By:
Jason A. Gage, City Manager
Al 1 EST:
Shandi Wicks, CMC, City Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instnument was acknowledged before me on July 2014 by Daniel C. King as
President of Eastridge Development, Inc., a Kansas corporation.
My appointment expires:
Notary Public
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on July 2014, by Jason A. Gage as
City Manager and Shandi Wicks, CMC, as 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)]
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