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Lot 8, Surveyor's Plat G Permanent Sign Easement & Agreement) - Salina Board of Realtors, Inc. c_- REBECCA SEEMAN • ',,'-- REGISTER OF DEEDS SALINE COUNTY KANSAS "" ` ,Book: 1291 Page: 1527-1529 Rage Receipt Recorded;23 G Recording Fee: $28.00 At_ ..rsmia,t) Date Recorded: 1/28/2015 3:18:50 PM PERMANENT SIGNAGE EASEMENT This Permanent Signage Easement is made this ay of �t 2015, by and between SALINA BOARD OF REALTORS, INC., a Kansas corporation (the "G'rantor") 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 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. SALINA BOARD OF REALTORS, INC. By: i ! �! l , • .k• //IS►J!41 Rebecca Mettlen, President Book : 1291 Page : 1528 ACCEPTANCE OF PERMANENT SIGNAGE EASEMENT CITY OF SALINA, KANSAS By: o Ja on A. Gage, City Man ger A I l EST: Shandi Wicks, City Clerk ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on ).O 2011, by Rebecca Mettlen as President of the SALINA BOARD OF REALT RS, INC., a Kansas corporation. My fp4tanentgiB ROBERTSON ;OFFICIAL' MY COMWSSION EXPIRES ,....N October 8,2015 '/1 Lr.�Zit !J �(.�'4 O Notary Public STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on . ru(a` 28, 2015_, by Jason A. Gage as City Manager and Shandi Wicks, CMC, as City Clerk ,1 the CITY OF SALINA, KANSAS. My Appointment expires. MICHELE R.ORR-MOTHS Notary Public- State of Kansas My Appt.Expires 1r -1y_t--1 '\AcLI JJ3Notary Public [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- • Book : 1291 Page : 1529 Exhibit A Tract 3 (Sign Easement) Owner: SALINA BOARD OF REALTORS, INC. l Point of Conmencment 'NE c rn r of Lot 8 ,�----'�.,-. ... ._'4.1°.--`-' 'S-' ' :,,.589 40'51"W. , ; _ - -.35:00 1 • ' North Line of Lot 8 Existing`Right of Way, Line f Utility and Sidewalk Easemeht . ., ,, t: (n W Part,of Lot 8, ' i 4 589'48 9.00 ' ° d k ' Surveyor's Plat 12 NO_'11'SS,.E 0 't r 6.00 �'� P.0.B. p o e . Sign Easement --5071'55"W r4- ' 54 iSquare feet . ,, '6.00 o . N89 48'05"W .,_ - 9.00 -t r-1 r� -if - �, d o fo zoW +o eo e. ,. >: SCALE: T' 6 20' A tract of land located in Lot 8, Surveyors Plat 1Z City of Salina, Saline County, Kansas and more particularly described as follows: Commencing at the Northeast corner of said Lot 8, Thence on an assumed bearing of South 89' 40' 51° West on the north line of said Lot 8, a distance of 35.00 feet to the west Right of Way line of Ohio Street: Thence South 00' 11' 55' West on said Right of Way line, a distance of 34.00 feet to the Point of Beginning; Thence South 00' 11' 55" West on said Right of Way line, a distance of 6.00 feet; Thence North 89' 48' 05" West, a distance of 9.00 feet; Thence North 00' 11' 55' Eost, a distance of 6.00 feet; Thence South 89' 48' 05" East, a distance of 9.00 feet to the Point of Beginning. Said Tract Contains 54 square feet more or less. WY OF SALINA, 300 W ASH, SALINA, KANSAS RUECK NARKS-ENaNEERWC- U7U71ES Exhibit A Tract 3 (Sign Easement) 6 "" � 201 2-312 Dec 1074 1-1 rade a6 Rola,■6 l6 a gI AGREEMENT This Agreement is made this 62,0 day of\bnu.or( , 2015, by and between SALINA BOARD OF REALTORS, INC., a Kansas corporation, (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. SALINA BOARD OF REALTORS, INC. By: : : fi F�i�A Rebecca Mettlen, President CITY OF SALINA. KANSAS By: ason A. Gage, City anager -2- Exhibit A Tract 3 (Sign Easement) Owner SALINA BOARD OF REALTORS, INC. Point of Commencment NE 4rnr of Lot 8 S89 40'51"W I 35.00 North Line of Lot 8 Existing Right of Way Line -t`? Utility and Sidewalk Easement o ,, r n (I) Li Part of Lot 8, S89 48 00 Surveyor's Plat 12 NO71'55"E o 6.00 `A P.o.e. -p .6 Sign Easement 5071'55"W 54 Square feet 6.00 — N89'48105"W 9.00 y b 0 10 2014j 40 60 SCALE: 1' s. 20' A tract of land located in Lot 8, Surveyor's Plot 12, City of Salina, Saline County, Kansas and more particularly described as follows: Commencing at the Northeast corner of said Lot 8, Thence on an assumed bearing of South 89' 40' 51' West on the north line of said Lot 8, a distance of 35.00 feet to the west Right of Way line of Ohio Street: Thence South 00' 11' 55' West on said Right of Way line, a distance of 34.00 feet to the Point of Beginning; Thence South 00' 11' 55' West on said Right of Way line, a distance of 6.00 feet; Thence North 89' 48' 05' West, a distance of 9.00 feet; Thence North 00' 11' 55' East, a distance of 6.00 feet; Thence South 89' 48' 05' East, a distance of 9.00 feet to the i 3 of Beginning. Ft.... Said Tract Contains 54 square feet more or less. Or6ce 4o >% • ;/� •` a7Y& SALINA. 300 N A94 SA(WA. KANSAS -142' ..! - araK: (KIRKS- nNNEDWRG- UM.111ES Exhibit A ;16"`71h 5,. ''; Tract 3 (Sign Easement) m ( 2012-312 '�Sep 1014 1_1 „a 44.44.--,44 In a