Lot 1, Block 1, Lakewood Addition Replat (Permanent Sidewalk Agreement) AGREEMENT
This Agreement is made this 1°id y of AQ C t , 2015, by and between SUMMIT
Y com
LAND & PROPERTY, LLC, a Kansas limited liabiPit p "Owner"), and the CITY
P an Y, (the
OF SALINA, KANSAS, a municipal corporation, (the"City").
RECITALS
A. The City, in conjunction with the Ohio Street Improvements, Elm Street to North
Street, City Project No. 14-3039 ("Project"), wishes to acquire from the Owner certain sidewalk
easement and temporary construction easement affecting a certain portion of land owned by the
Owner.
B. The City has caused the sidewalk easement and temporary construction 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 sidewalk easement and temporary
construction 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 Sidewalk Easement. The sidewalk easement 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 "Sidewalk Easement").
2. Description of Temporary Construction Easement. The temporary construction
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 "Temporary Construction Easement").
3. Compensation. The City agrees to pay the Owner upon closing the total sum of
One Thousand Two Hundred Fifteen and No/100 Dollars ($1,215.00) for the Sidewalk.Easement
and Temporary Construction Easement consisting of the following:
a. Sidewalk Easement $ 715.00
(149 square feet)
c. Temporary Construction Easement $ 500.00
(732 square feet)
Total Compensation $ 1,215.00
4. Documents. The Owner agrees that the Sidewalk Easement and Temporary
Construction Easement shall be conveyed to the City by the Owner's execution and delivery to
the City of Permanent Sidewalk Easement and Temporary Construction Easement documents
identical to the copies attached as Exhibits E and F to this Agreement. The Permanent Sidewalk
Easement and Temporary Construction 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. Term of Possession. The Temporary Construction Easement shall be for a term of
one (1) year commencing May 4, 2015 and ending May 3, 2016; provided, however, that from
May 4, 2016 through May 3, 2017, the City's employees or contractors shall have the right to
perform maintenance, repairs, or landscape work on the Project.
6. Covenant of Title. The Owner covenants that it is the lawful owner of the real
estate affected by the Sidewalk Easement and Temporary Construction Easement.
7. Lien Release. The Owner shall at closing deliver to the City a duly executed and
acknowledged consent to the Sidewalk Easement by the holder of any mortgage or other lien
encumbrance. Any consent to the Sidewalk Easement shall be recorded by the City with the
office of the Saline County Register of Deeds, at the expense of the City.
8. Closing. Closing shall take place on or before April 23, 2015. At closing the
Owner shall:
a. deliver to the City the fully executed and acknowledged Permanent
Sidewalk Easement and Temporary Construction Easement documents,
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.
9. Nonassignable. The Owner's rights under this Agreement shall not be assigned
without the prior written consent of the City.
10. 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.
SUMMIT LAND & PROPER Y, LCC
By:
ark W. 'nd, Maging Member
CITY OF SALINA, KANSAS
By: �
a „
✓ on A. Gage, City M. lager
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Exhibit A
• Parcel 1
Tract 1 — Permanent Easement
Owner: Summit Land and Property LLC
A tract of land in Lot 1, Block 1, Lakewood Addition Replat
an addition to the City of Salina, Saline County Kansas and
more particularly described as follows:
Beginning at the Northwest corner of said Lot 1;
thence on an assumed bearing of South 00° 09' 29" West
on the west line of said Lot 1, o distance of 12. 44 feet;
thence North 62° 42' 45" East, a distance of 26. 94 feet to
the north of said Lot 1;
thence North 89° 47' 25" West, a distance of 25. 91 feet to
the Point of Beginning.
Said Tract contains 149 square feet more or less.
CITY OF SAUNA, 300 W ASH, SAUNA KANSAS
PUBLIC WORKS-ENGINEERING-UTIUAES
Exhibit A
Pored 1, Tract I P/E
rove Inr a�
2014-437 Jan 2015 1-2
Exhibit B
Parcel 1
Owner: Summit Land and Property LLC
LAKEWOOD CIRCLE
Northwest Corner of Lot 1
Tract 1 POB N89'47'23-W Existing R/W
23.91
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50D929"W X::::::::::::::::!MV'' North Line of Lot 1
1244 ;?'':;.;;>' N62'42'45 E
Mr 26.94
N6242'451- Parcel 1
I� 5.67 Tract 1 - Permanent Easement
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/ 149 square feet
CC
`'' / SUMMIT LAND AND PROPERTY LLC WEST
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120 FEET OF LOT 1, BLOCK 1, LAKEWOOD
o /N ADD!TION REPLA T
4/4' West Line of Lot 1
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,o�jJ Parcel 1
\ Tract 2 - Temporary Easement
732 Square Feet
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Lot 1 -4 5.� -South Line of Lot 1 _ \
Tract 2 POB /' _ -
CITY OF SAUNA 500 W ASH, SAUNA, KANSAS
PUBLIC IfORKS— ENGINEERING—UTTUTIES
0 10 20 30 40 Exhibit B
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SCALE: 1' = 20' rg.n mr aOT
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Exhibit C
Porcel 1
Tract 2 — Temporary Easement
Owner: Summit Land and Property LLC
A tract of land located in Lot 1, Block 1, Lakewood Addition Replat
an addition to the City of Salina, Saline County Kansas and more
particularly described as follows:
Beginning at the Southwest corner of said Lot 1; •
thence on an assumed bearing of North 0° 10' 45" East on the
west line of said Lot 1, a distance of 144. 72 feet;
thence North 62° 42' 45" East, ó distance of 5. 67 feet;
thence South 0° 11 ' 26" West, a distance of 147.24 feet to the .
south line of said Lot 1;
thence North 89° 50' 19" West, a distance of 5. 00 feet to • the. Point
of Beginning.
Said Tract contains 722 square feet more or less.
•
CITY OF SAUNA 300 W ASH, SAUNA KANSAS
PUBLIC MQRXS— ENGINEERING— (MUTES
Parcel 1, Tract 2 T/E
MOI me am
2014-437 Jon'2015 1-2
Exhibit D
Parcel 1
Owner: Summit Land and Property LLC
LAKEWOOD CIRCLE
Northwest Corner of Lot 1 N8947'23"1V 7-Existing R/W
Tract 1 POB 2391
S0D929"W :ii':''vs *'' North Line of Lot 1
1244 '�'�'' "�.� N62'42'45 E
si�:�i�ij�-
•y 26.94
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N6242'451- Parcel 1
I� 5.67
/ Tract 1 - Permanent Easement
149 square feet
ec
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`'' SUMMIT LAND AND PROPERTY LLC WEST
o 120 FEET OF LOT 1, BLOCK 1, LAKEWOOD .
o w ADDITION REPLAT -
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West Line of Lot 1
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\ Tract 2 - Temporary Easement
2 \ 732 Square Feet
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Southwest Corner of N8950'191W \
Lot 1 ,I 500 South Line of Lot 1
Tract 2 P0B
CITY.OF SAUNA, 300 W ASIt SAUNA KANSAS
PUBLIC WORKS-ENGINEERING-UI71111E5
0 10 20 30 40.
immiewe∎Immimm Parcel 1
SCALE: 1" a 20' MW 0 a�
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Exhibit E
PERMANENT SIDEWALK EASEMENT
This Permanent Sidewalk Easement is made this day of , 2015, by and
between SUMMIT LAND & PROPERTY, LLC, a Kansas limited liability company, (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 sidewalk 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 pedestrian use by the public of the public sidewalk constructed
thereon, with full authority to enter upon the easement to construct the sidewalk.
TERM: The Easement shall be perpetual.
OWNERSHIP: Grantor covenants that it 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. If Grantor fails to fulfill its legal responsibility
relating to the safe condition of the sidewalk, the City shall have full authority to enter upon the
easement to maintain, repair, or replace the sidewalk on the basis allowed by law.
IMPROVEMENTS: Grantor acknowledges that the construction of any building or
structure on the Real Estate is governed by the Salina Code as it may be amended from time to
time (currently Sec. 42-63).
SURFACE GRADE: 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 Sidewalk
Easement effective as of the day and year written above.
SUMMIT LAND & PROPERTY, LLC
By:
Mark W. Kind, Managing Member
ACCEPTANCE OF PERMANENT SIDEWALK EASEMENT
CITY OF SALINA, KANSAS
By: r i � �
'ason A. Gage, City M I ager
ATTEST:
Shandi Wicks, CMC, City Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on , 2015 by Mark W.
Kind as Managing Member of SUMMIT LAND & PROPERTY, LLC, a Kansas limited liability
company.
My appointment expires:
Notary Public
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on , 2015, by Jason A.
Gage as City Manager and Shandi Wicks, CMC, as City Clerk of the CITY OF SALINA,
KANSAS, a municipal corporation.
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
TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement is made this day of , 2015, by
and between SUMMIT LAND & PROPERTY, LLC, a Kansas limited liability company, (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 temporary construction 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 all rights of ingress and egress of the City, its employees, contractors, and
authorized franchisees and licensees, for the purposes of constructing, grading, reconstructing,
and inspecting the Ohio Street Improvements, Elm Street to North Street, City Project No. 14-
3039 (the "Project") in the manner called for in the project plans.
RESTORATION: After completion of construction, the City shall restore the area of
the Easement as set out in the project plans and specifications. Grantor acknowledges that
grading within the Easement may result in a permanent grade change.
TERM: The Easement shall be for a term of one (1) year commencing May 4, 2015 and
ending May 3, 2016; provided, however, that from May 4, 2016 through May 3, 2017, the City's
employees or contractors shall have the right to perform maintenance, repairs, or landscape work
on the Project.
OWNERSHIP: Grantor covenants that it 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.
SURFACE GRADE: 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 Temporary Construction
Easement effective as of the day and year written above.
•
SUMMIT LAND & PROPERTY, LLC
By:
Mark W. Kind, Managing Member
ACCEPTANCE OF TEMPORARY CONSTRUCTION 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 , 2015 by Mark W.
Kind as Managing Member of SUMMIT LAND & PROPERTY, LLC, a Kansas limited liability
company.
My appointment expires:
Notary Public
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on , 2015, by Jason A.
Gage as City Manager and Shandi Wicks, CMC, as City Clerk of the CITY OF SALINA,
KANSAS, a municipal corporation.
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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