Signage Easement AGREEMENT
This Agreement is made this 17 'day of Neer"bar , 201 K, by and between
MICHAEL L. FABRIZIUS and LAURI L. FABRIZIUS, husband and wife, (collectively the
"Owner"), and the CITY OF SALINA, KANSAS, a municipal corporation, (the "City").
RECITALS
A. The City wishes to acquire from the Owner certain signage easement affecting a
certain portion of land owned by the Owner.
B. It is the desire of the Owner to convey the signage 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:
I. Description of Signage Easement. The signage easement to be conveyed by the
Owner to the City shall be as depicted and legally described on the attached and incorporated
Exhibit A (the "Signage Easement").
2. Compensation. The City agrees to pay the Owner upon closing the total sum of
One Hundred Dollars ($100.00) for the Signage Easement. The Owner waives the need for
appraisal and agrees to accept the compensation listed herein.
3. Signage Easement Document. The Owner agrees that the Signage Easement shall
be conveyed to the City by the Owner's execution and delivery to the City of a Permanent
Signage Easement document identical to the copy attached as Exhibit B to this Agreement. The
Permanent Signage Easement document 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 Signage Easement.
5. Closing. Closing shall take place on or before December 31, 2014. At closing the
Owner shall deliver to the City the fully executed and acknowledged Permanent Signage
Easement document at which time the City shall pay Owner the compensation set forth in
paragraph 2 above.
6. Nonassignable. The Owner's rights under this Agreement shall not be assigned
without the prior written consent of the City.
7. 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.
Mitb"V
C---- I
CITY OF SALINA, KANSAS
By: 'AL _. a .......1.d.'ason A. Gage, ity 1 anager
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•
Exhibit A
Tract 4 (Sign Easement)
Owner: Michael L. Fabrizius and Lauri L. Fabrizius
I Utility and Sidewalk Easement
S89'45'34"E
N074'26"E ! 9.00 _
6.00 I SO'14'26"W - -North Property Line
P.O.B. 6.00 - F
cc NO'14'26"E Sign Easement South 40.00 feet of Lot 21,
30.00 N89 45 34"Wquare feet Block 1 of Stock Place
9.00
o Existing Right of Way Line irSouth Line of Lot 21
o �
Southwest Corner of Lot 21
Point of Commencment 0 10 20 40 B0
A tract of land located in the South 40 feet of Lot 21, Block 1, Stack Place, an Addition to the City
of Salina, Saline County, Kansas and more particularly described as follows:
Commencing at the Southwest corner of Lot 21;
Thence on on assumed bearing of North 00' 14' 26" East on the west line of said Lot 21, a distance
of 30.00 feet to the Point of Beginning;
Thence North 00' 14' 26" East on the west line of said Lot 21, a distance of 6.00 feet;
Thence South 89' 45' 34' East, a distance of 9.00 feet;
Thence South 00' 14' 26" West, a distance of 6.00 feet
Thence North 89' 45' 34" West, a distance of 9.00 feet to the Point of Beginning.
Said Tract contains 54 square feet more or less.
„.,,;aces,
LS.. i .: / an'CT SAUNA. 300 W AS141 SALIVA KANSAS
PUBLIC MORNS-ElataIBAG- MIES
ID.v'tes 1
,.•,';;r1,t, Exhibit IA
.... '.I! r Trod 4 (Sign Eo.r t)
• 3.:f
z'201122-312 l u
Oct X171
..ate Y.rr.... I in w �)—)
Exhibit B
PERMANENT SIGNAGE EASEMENT
This Permanent Signage Easement is made this _ day of , 201_, by and
between MICHAEL L. FABRIZIUS and LAURI L. FABRIZIUS, husband and wife!
(collectively 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 easement (the "Easement") in, on, over, under, and through the real estate legally
described and depicted on the attached and incorporated Exhibit A (the "Real Estate") for the
purposes of accessing, locating, constructing, installing, and maintaining traffic and way-finding
signage by the City, and its authorized franchisees and licensees.
TERM: The Easement shall be perpetual.
OWNERSHIP: Grantor covenants that Grantor owns the Real Estate and has the right,
title, and capacity to grant the Easement.
MAINTENANCE: Grantor acknowledges that the Easement shall not affect the Grantor's
obligation to maintain the Real Estate.
IMPROVEMENTS: Grantor acknowledges that the construction of any building o
structure, or the installation of fencing or landscaping on the Real Estate is governed by the
Salina Code as it may be amended from time to time (currently Sec. 42-63).
BINDING EFFECT: The Easement shall be binding upon and shall run with the Real
Estate.
IN WITNESS WHEREOF, the Grantor has executed this Permanent Signage Easement
effective as of the day and year written above.
Michael L. Fabrizius
Lauri L. Fabrizius
ACCEPTANCE OF PERMANENT SIGNAGE EASEMENT
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 _, 201_, by MICHAEL
L. FABRIZIUS and LAURI L. FABRIZIUS, husband and wife.
My appointment expires:
Notary Public
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on , 201_, by Jason A.
Gage as City Manager and Shandi Wicks, CMC, as City Clerk of the CITY OF SALINAI
KANSAS.
My appointment expires:
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
PERMANENT SIGNAGE EASEMENT
This Permanent Signage Easement is made this l�tt'day of e"' , 201 y, by and
between MICHAEL L. FABRIZIUS and LAURI L. FABRIZIUS, husband and wife',
(collectively the "Grantor") and the CITY OF SAUNA, KANSAS, a municipal corporation, (the
"City"):
GRANT: The Grantor, for good and valuable consideration, hereby conveys to the City
a permanent easement (the "Easement") in, on, over, under, and through the real estate legally
described and depicted on the attached and incorporated Exhibit A (the "Real Estate") for the
purposes of accessing, locating, constructing, installing, and maintaining traffic and way-finding
signage by the City, and its authorized franchisees and licensees.
TERM: The Easement shall be perpetual.
OWNERSHIP: Grantor covenants that Grantor owns the Real Estate and has the right,
title, and capacity to grant the Easement.
MAINTENANCE: Grantor acknowledges that the Easement shall not affect the Grantor's
obligation to maintain the Real Estate.
IMPROVEMENTS: Grantor acknowledges that the construction of any building or
structure, or the installation of fencing or landscaping on the Real Estate is governed by the
Salina Code as it may be amended from time to time (currently Sec. 42-63).
BINDING EFFECT: The Easement shall be binding upon and shall run with the Real
Estate.
IN WITNESS WHEREOF, the Grantor has executed this Permanent Signage Easement
effective as of the day and year written above. 'r
Michael L. Fabriz'
.
�Lauri L. Fabn ms
ACCEPTANCE OF PERMANENT SIGNAGE EASEMENT
CITY OF SALINA, KANSAS
By: Q.
J on A. Gage, City anager
ATTEST: A,
1 1.l.J�k.a
Shand Wicks, CMC, City Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS. COUNTY OF SALINE, ss:
This instrument was acknowledged before me on Dt C, Il , 2014, by MICHAEL
L. FABRIZIUS and LAURI L. FABRIZIUS, husband and wife.
My appointment expires:
BECKY K. LILES —13eo,,i) K 9
Nctary Stare cl Kasps
My Aaat. Expires I z,l tw Notary Public
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on DLQkJP\X( 11 , 2014, by Jason A.
Gage as City Manager and Shandi Wicks, CMC, as City Clerk of the CITY OF SALINA,
KANSAS.
My appointment expires: 10-?—c20/8:%
/
CYNTHIA S. WOLFF /L�L! A1
Notary Public-State of Keys I N. ary Public /
My Appt.Expires )0.../.40)1?
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
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Exhibit A
Tract 4 (Sign Easement)
Owner: Michael L. Fabrizius and Lauri L. Fabrizius
� —Utility and Sidewalk Easement
S89'45'34"E
N074'26"E 9.00
6.00 S074'26"W North Property Line
P.O.B. A 6.00 HMF
Sign Easement
cc N074'26"E South 40.00 feet of Lot 21,
54 S
30.00 " quare feet Block 1 of Stock Place
N89 45 34 W a
Lu
9.00
Existing Right of Way Line ,-South Line of Lot 21
o �
Southwest Corner of Lot 21
Point of Commencment 0 10 20 40 60
SCALE: ,'�_ '
A tract of land located in the South 40 feet of Lot 21, Block 1, Stack Place, an Addition to the City
of Salina, Saline County, Kansas and more particularly described as follows:
Commencing at the Southwest corner of Lot 21;
Thence on an assumed bearing of North 00' 14' 26' East on the west line of said Lot 21, a distance
of 30.00 feet to the Point of Beginning;
Thence North 00' 14' 26' East on the west line of said Lot 21, a distance of 6.00 feet:
Thence South 89' 45' 34' East, a distance of 9.00 feet;
Thence South 00' 14' 26' West, a distance of 6.00 feet;
Thence North 89' 45' 34' West, a distance of 9.00 feet to the Point of Beginning.
Said Tract contains 54 square feet more or less.
RalLiep-
Ls-' att 0"SAWA 700 6 A9( SV1eA, KANSAS
d( RPM WOKS- OCRIERWG - uF1/1ES
Exhibit A
Tract 4 (4r Easement)
I • -. f6202_312 17 Oct 12014 i 1-1