Blk 3 Pt Lt 41 & 42AGREEMENT
This Agreement is made this:~_ day of October, 2003, by and between Marvin G.
Johnson, Trustee, and his successors, under the Marvin G. Johnson Trust dated July 25, 2001,
(the "Owner"), and the City of Salina, Kansas, a municipal corporation, (the "City").
RECITALS
A. The City, in conjunction with the East Crawford Avenue and South Front Street
Improvement Project (the "Project"), wishes to acquire from the Owner certain right-of-way and
a temporary construction easement affecting a certain portion of land owned by the Owner.
B. The City has caused the 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.
C. It is the desire of the Owner to convey the right-of-way 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 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 Exhibit A
(the "Right-of-Way").
2. Description of Temporary 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 Exhibit B (the "Temporary Easement").
3. Compensation. The City agrees to pay the Owner upon closing the total sum of
two thousand five hundred sixty-one dollars ($2,561) for the Right-of-Way and Temporary
Easement consisting of the following:
a. Right-of-Way $193.20
(46 sq. ft. at $4.20)
b. Temporary Easement $667.80
(318 sq. ft. at $2.10)
c. Damages to remaining property $1,700.00
(loss of fence $200,
reduced utility factor $1,500)
Total Compensation :$2,561.00
4. Removal and Stacking of Pavers. The Owner and the City acknowledge that
pavers installed by the Owner in the existing Crawford Avenue fight-of-way must be removed in
order to complete the Project. The City agrees that it shall provide for, at City expense, the
removal and stacking of the pavers at a location to be specifically identified by the Owner in the
parking lot behind the apartment building located on Owner's property.
5. 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 C to this Agreement. The Owner agrees that the Temporary Easement
shall be conveyed to the City by the Owner's execution and delivery to the City of a Temporary
Easement document identical to the copy attached as Exhibit D to this Agreement. The Right-of-
Way Deed and the Temporary Easement document shall be recorded by the City with the office
of the Saline County Register of Deeds, at the expense of the City.
6. Term of Possession. The Temporary Easement shall be effective for a term
commencing upon the date of the Temporary Easement document and ending December 31,
2004.
7. 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.
8. Partial Mortgage or Other Lien Release. In those cases where: the Owner's
property is subject to mortgage or other liens or encumbrances, the Owner shall at ,:losing 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 arty 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.
9. Closing. Closing shall take place on or before September 15, 2003. At closing
the Owner shall:
ao
deliver to the City the fully executed and acknowledged Right-of-Way
Deed and Temporary Easement document, and
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 (3) above.
10. Nonassignable. The Owner's rights under this Agreement shall not be assigned
without the prior written consent of the City.
11. 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.
-2-
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year
first above written.
"Owner"
MARVIN G. JOHNSON, TRUSTEE, AND HIS
SUCCESSORS, UNDER THE lVlARVIN G.
JOHNSON TRUST DATED JULY 2:5, 2001
Marvin G. Johnston, Trustee ~'~
By:
Tax ID No. 512-44-3116
CITY OF SALINA, KANSAS
Dennis M. Kissinger~nEity Ma~aag'er
-3-
PERMANENT RIGHT-OF-WAY
LEGEND
DESCRIBED BOUNDARY LINE
Lot 41
· Johnson, Marvin
' - Trust
SCALE Prop, Perm.
I"- 20'
gxfst. R/W
Owner Name= Johnson, Marvin G. Trust
Owner Address= 501 E. Crawford Ave.
Sallna, KS 67401
Van Trine's Addition
Block 3
· S Lot 42
G. -~ Holm Real Estate
Salina, L.L.C.
46.o5'
46.00' -~~
IPOINT OF
BiEG ! NN I NG
112'.5'
N89'52'29"W
S.E. Corner /
Block 3
Tract No.: OI
. CRAWFORD ST.
LEGAL DESCRIPTION=
A tract of land lying in the Southwest Quarter of Section I$, Township 14 South, Range $ West of the
6TH Principal I~oridlon, being o port of Lots 41 and 42, Block 3, Van Trino's Addition to the C/fy of
Sallno, Saline County, Kansas, and being more por#culorly described as follows=
Commencing at tho southeast corner Block $ of Van Trine's Addition to the City of Saline; thence
on on assumed bearing of N89°SP'29~, along the South llne of Block 3, o distance of 112.5 feet to the
POINT OF BEGINNING; thence N89"52'29"W, along the South line of said Block $, a distance of
46.00 feet; thence fl87°$8'09" E, o distance of 46.05 feet to o point that is 112.5 feet West
and 2.00 feet North of the Southeast corner of said Block $; thence 5~"16'20~/, parallel to and lIP. 5
feet West of the East line of said Block 3, a distance of 2.00 feet to the POINT OF BEGINNING.
The above described tract contains 46.00 square feet, or 0.0011 acres, more or less.
CERTIFICATION:
S+ote of Kansas )
SS
County of Saline )
I, the Undersigned, do hereby ceFtlf¥ that I om o registered
land surveyor wTth the firm of BUCHER, W[LLT$ & RATLIFF
CORPORATION; that the heretofore described property was
surveyed by me, or under m~ direct supervls|on; and that all of
the monuments shown herein actually exist and their positions
are correctly shown to the best of my Knowledge and belief,
Pro~::). no ~i~r ve !97
llllll! IIUCHEI~ WILLIS & RATLIFF
II~lltlk CORPORATION
609 WEST NORTH STREET SALINA, KANSAS
EXhibit A
TEMPORARY CONSTRUCTION
Owner Nome= Johnson, Marvin G. Trust
Owner Address: 501 E. Crowford Ave
Solina, KS 67401
LEGEND
DESCRIBED BOUNDARY LINE
Tract No.: OI
EASEMENT
N Van Trine's Addition
Block 3
Johnson, Marvin O.
Trust
SCALE LU Prop. Temp.
/"- 3¢ ~ Esm't. 9/.00'
Exist. R/W 45.00' 46.05'
.............. N89'b2'2~"W ...................
Lot 41
PO! NT OF
CRAWFORD .ST. BE O INN I NO
Holm Real
Estate
Salina, L.L.C.
Lot 42
112.50'
· &¢.-Corner/I
Block 5
33'
LEGAL DESCRIPTION:
A tract of land lying in the Southwest Quarter o? Section I$, Township 14 South, Range $ West of the
6TH Principal Meridian, being o port of Lots 41 and 42, Block 3, Van Trine's Addition fo the City of
Sollno, Sollne County, Kansas, and being more particularly described os fo/lows:
Commencing at the Southeast corner o1' Block $ of Van Trine's Addition to the City o? Sollno; thence on on
assure, ed beorlng of N89~52'29"W, along the South line of' Block $, o dlsfonce of 112.5 f`eeh thence
NOO"I6'20"E, parallel fo the East llne of' sold Block $, o dlsfonce of 2.00 f'eef fo the POINT OF BEGINNING:
thence S87°$8'09"W, o dlstonce of' 46.05 feet fo the South llne of sold Block $~ thence N89°52'29'W,
along the South llne of' Block $, o distance of' 45.00 feeh thence NOO"I6'20"E, parallel fo and
205.50 feet West of' the East line of' sold Block $, o distance of' 4.0 f'eeh thence S89~52'2~'E, p~rollel
fo the South line of said Block, $ o distance of 91.00 feehfhence S00"16'20'W, p~rollel fo dnd
112.5 feet West of the East line of' said Block $,o distance of 2.00 feef fo the POINT OF BEGINNING.
The above described tract contains 318.00 square feet, or 0.0075 acres, more or less.
CERTIFICATION:
Slate of Kansas )
SS
County of Saline )
], the Undersigned, do hereby certify that [ om a registered
land surveyor with the firm of BUCHER, WILLIS & RATLIFF
CORPORAT]ONs that fhe heretofore described property was
surveyed by me, or Under n~j direct supervision: and that all
the monuments shown, herein actually exist and thelr positions
ore correctly shown to the best of my Knowledge and belief,
' !111111 BU~E~ WILLIS & ~IFF
~k CORPORA~ON
60~ WEST NORTH STKET SALINA, KANSAS G7401TBS-B27-~G03
Exhib i't B
RIGHT-OF-WAY DEED
THIS INDENTURE, made this __ day of October, 2003, by and between MARVIN
G. JOHNSON, TRUSTEE, AND HIS SUCCESSORS, UNDER THE MARVIN G. JOHNSON
TRUST DATED JULY 25, 2001, (the "Grantor") and the CITY OF SALINA, KANSAS, a
municipal corporation, (the "City"):
WITNESSETH: That the Grantor, for good and valuable consideration, does hereby
convey unto the City that certain portion of land owned by the Grantor as depicted and legally
described on the attached and incorporated Exhibit A as public right-of-way, in perpetuity, (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, its franchisees, and its licensees.
Upon being first duly swom upon oath, GRANTOR further covenants that: (1) GRANTOR
is the Trustee under the Trust to which the above-described real estate was conveyed by a deed from
Marvin G. Johnson, a single man, which deed was recorded on July 27, 2001, in Book 394 of
Deeds at pages 453-55 in the Office of the Register of Deeds in Saline County, Kansas; (2) the Trust
is a revocable trust; (3) the Trust remains in full force and effect at this time; (4) GRANTOR is the
duly qualified and acting Trustee under the Trust; and (5) as such Trustee, GRANTOR is
authorized, pursuant to the Trust and without any limitation whatever, to convey all of the above-
described real estate.
IN WITNESS WHEREOF, the Grantor has hereunto caused this instrument to be
executed the day and year first above written.
MARVIN G. JOHNSON, TRUSTEE, AND HIS
SUCCESSORS, UNDER THE MARVIN G.
JOHNSON TRUST DATED JULY 25, 2001
By:
Marvin G. Johnson, Trustee
Exhibit C
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this __ day of October, 2003, before me, the
undersigned, a notary public in and for the county and state aforesaid, came MatMn G. Johnson,
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 Marvin G.
Johnson, Trustee, and his Successors, under The Marvin G. Johnson Trust dated July 25, 2001.
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. 79-1437e(a)(13)]
-2-
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this __ day of October, 2003, by Marvin G. Johnson,
Trustee, and his successors, under The Marvin G. Johnson Trust dated July 25, 2001 (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 are 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 depicted and legally described on the attached and incorporated
Exhibit A (the "Temporary Easement") for all rights of ingress and egress of the City, its
employees, contractors, and franchisees, for the purposes of access, storage of materials and
equipment, and surface reshaping or regrading, for a term commencing with the date of this
indenture and ending December 31, 2004.
IN WITNESS WHEREOF, the Grantor has signed this Temporary Construction
Easement the day and year first above written.
MARVIN G. JOHNSON, TRUSTEE, AND HIS
SUCCESSORS, UNDER THE MARVIN G.
JOHNSON TRUST DATED JULY 25, 2001
By:
Marvin G. Johnson, Trustee
STATE OF KANSAS, COUNTY OF SALINE, ss:
BE IT REMEMBERED, that on this __ day of October, 2003, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Marvin G. Johnson,
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 Marvin G.
Johnson, Trustee, and his Successors, under The Marvin G. Johnson Trust dated Ju][y 25, 2001.
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. 79-1437e(a)(13)]
Exhibit D
~x ~A ~ : ~,nH~TV '. ~ Book: 1062 Parle: 1924
.. ~ ['~ ~~,J ~ ...... ~ ~ Receipt ~: 1~41~ ~otal Fees: Si6.~
~yof. ~ ~ ~~ ~-~ ~ Pages ,.co,ed: 3
~.% .... ~ A ~ ~A~ . .--'-. _ : ~' Date Rec0~ed: 1e/~4/~ 9:M'37 ~
~ m~.uoumy u~r~, % e
...... -,, ~=. ....... ~ ~, _
Tins thi of O to er, 200 , by
6. JOHNSON, TRUSTEE, AND B[S SUCCESSORS, ~DER THE MARV~ G. JONSON
TRUST DATED JULY 2S, ~00i, (the "GrantoW) ~d the C[TY OF SALSA, ~NSAS, a
municipal co~oration, (the "City"):
WITNESSETH: That the Grantor, for good and valuable consideration, does hereby
convey unto the City that certain portion of land owned by the Grantor as depicted and legally
described on the attached and incorporated Exhibit A as public right-of-way, in perpetuity, (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, its franchisees, and its licensees.
Upon being first duly swom upon oath, GRANTOR further covenants that: (1) GRANTOR
is the Trustee under the Trust to which the above-described real estate was conveyed 'by a deed fi.om
Marvin G. Johnson, a single man, which deed was recorded on July 27, 2001, in Book 394 of
Deeds at pages 453-55 in the Office of the Register of Deeds in Saline County, Kansas; (2) the Trust
is a revocable trust; (3) the Trust remains in full force and effect at this time; (4) GRANTOR is the
duly qualified and acting Trustee under the Trust; and (5) as such Trustee, GRANTOR is
authorized, pursuant to the Trust and without any limitation whatever, to convey all of the above-
described real estate.
IN WITNESS WHEREOF, the Grantor has hereunto caused this instrument to be
executed the day and year first above written.
MARVIN G. JOHNSON, TRUSTEE, AND HIS
SUCCESSORS, UNDER THE MARVIN G.
JOHNSON TRUST DATED JULY 25, 2001
Book: 1062 Page: 1925
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this ~,~-,.,t~ day of October, 2003, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Marvin G. Johnson,
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 Marvin G.
Johnson, Trustee, and his Successors, under The Marvin G. Johnson Trust dated July 25, 2001.
IN
official seal the day and year last above written.
· ...~_~ i,-'~'.. KELLY A FABR/Z~US
, SOmC~^Li MY COMMISSION EXPIRES ;
~ =.~ SEAL .,,~
, ~-;;'~.;~ Juneg, 2004 ~,
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437c(a)(13)]
WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
Public
-2-
Book: 1062 Page: 1926
Tract No.: OI
LEGE/VD
PERMANENT RIGHT-OF-WAY
Owner Name: Johnson, I~tarvin G. Trust
Owner Address: 501 E. Crawford Ave. ~'15
Salina, KS 67401
DESCRIBED BOUNDARY LINE
Van Trine's Addition
Block 3
Lot 4t
· Johnson, Marvin
' - Trust
Lot' '12
Holm ReolEstate
Salina, L.L.C.
SCALE Prop. Perm. 46.05' ~
112.5'
I"-
2O'
R/W
\
~ N87°58'09''E ~. ~ N89'52'29"W
g x f tf , R /W 4~.00' ~ ~
f189'52'29"W
POINT OF
B~EG INN I NG
S.E. Corner /
Block J
CRAWFORD ST.
LEGAL DESCRIPTION:
A tract of land lying in the Southwest Quarter of Section 13, Township 14 South, Range $ West o? the
6TH Principal Meridian, being a part of Lots 41 and 42, Block 3, Van Trine's Addition to the City of
Salina, Saline County, Kansas, and being more particularly described os follows:
Commencing at the southeast corner Block $ of Van Trine's Addition to the City of Safina; thence
on on assumed bearing of N89'52'29"W, along the South line of Bloat( 3, a distance of 112.5 feet to the
POINT OF BEGINNING; thence N89"52'29"W, along the South line of said Block $, a dlstonce of
46.00 feet; thence fl87"$8'09" E, o distance of' 46.05 feet to a point that is 112.5 feet West
and 2.00 feet North of the Southeast corner of said Block $; thence S~"16'20"W, por(;llel to and 112.5
feet West of the East line of s(dd Block 3, a distance of 2.00 feet to the POINT OF BEGINNING.
The above described tract contains 46.00 square feet, or 0.0011 acres; more or less.
CERTiFICATiON:
State of Kansas )
SS
County of Saline )
], the Undersigned, do hereby certify that i om o registered
land surveyor with the firm of BUCHEE, WILLIS & RATL[FF
CORPORATION: that the heretofore described property was
surveyed by me, or under my direct supervlsion~ and that oil of
the monuments shown herein actually exist and theI~ positions
ore correctly shown to the best of my knowledge and belief.
lllil!! BUCHER~ WILLIS & RATLIFF
I!IltlL CORPORATION
Exhibit A
REGISTER OF I)EE~ Ik/ qL
Book: 1062 Page: 1927
Receipt #: 12412 ?etal Fees:
Pages Reco~decl: 2
Date Recorded: 1~/24/~-t~ 9:M:~ ~
PARTIAL REAL ESTATE MORTGAGE RELEASE
The undersigned Mortgagee as holder of the following described and recorded real estate
mortgage (the "Mortgage") releases the Mortgage in part, as follows:
1. The name of the Mortgagor is Marvin G. Johnson.
2. The name of the Mortgagee is Central National Bank.
o
The Mortgage dated July 16, 1999 was recorded in Book 626 of Mortgages, pages
647-652.
The legal description of that part of the property subject to the Mortgage release
by this partial release is depicted and legally described on the attached and
incorporated Exhibit A to this Partial Real Estate Mortgage Release.
°
This partial release shall not affect the lien of the Mortgage as it applies to the
remaining property described in the Mortgage.
Dated this .3 r.D day of October, 2003.
CENTRAL NATIONAL BANK
[Title]
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this~ t ~ day of October, 2003, before me, the
undersigned, a notary~ pubJic in and for the. county_nt~,Or~d.,~,,:.v state aforesaid came
.~/'t*q,'~ )r L./~;.~m~, q'~ r c ,~ ~ e ~,'~ of Central National BandOlino Is personally known to me
to be fhe same perk6n who executed the foregoing Partial Real Estate Mortgage Release on
behalf of said corporation, and said person duly acknowledged the execution of the same as the
act of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal
the day and year last above written.
~ ' ' __l~n' ANTENEN
Notary Public
LEGEND
Book: 1062 Page: 1928
TractNo.=OI
PERMANENT RIGHT-OF-WAY
Owner Nome= Johnson, I~tarvin G. Trust
Owner Address= 501 E. Crawford Ave.
Sol/no, KS 57401
DESCRIBED BOUNDARY LINE
Van Trine's Addition
Block 3
Lot4t
· Johnson, Marvin
· - Trust
SCALE Prop, Perm.
I"- 20'
Exfst. R/W
Lot' zip
G. -u Holm Real Estate
Salina, L.L.C.
46.o5'
R/W ~ N87'58'O9"E
46.00'
...... N89'52'29"W
POINT OF
B~EO ! NN ! NO
55'
lIP,5'
N89'52'29"W
S,E. Corner /
Block 3
CRAWFORD ST.
LEGAL DESCRIPTION=
A froot of lend lying in the Southwest Quarter of Section 13, Township. 14 South, Range $ West of' the
6TH Principal I~eridian, being a p~rt of Lots 41 and 42, Block $, Van Trine's Addition to the City of
Salino, Saline County, Kansas, and being more particularly described as follows:
Commencing at the southeast corner Block 3 of Van Tfine's Add/Non to the City of Sdina; thence
on on ossumed bearing of N89°52'29"W, along the South line of Block J, o dlsfance of 112.5 feet fo the
POINT OF BEGINNING; thence N89"52'29"W, dong the South llne of soid Block $, a distance of
46.00 feeh thence N87"$8'09" E, a distance of 46.05 feet fo (7 point fhaf is 112.5 feet West
and 2.00 feet North of the Southeast corner of said Block $;thence S~"IE20"W, porollel to ond 112.5
feet West of the East line of said Block $, a d/stance of 2.00 feet fo the POINT OF BEGINNING.
The above described tract contains 46.00 squore feet, or 0.0011 acres; more or less.
CERTIFICATION:
State o~ Kansas
County of $oline
], the Undersigned, do hereby certify that I om a registered
land surveyor with the firm of BUCHER, WILLIS & RATL[FF
CORPORAT]ONI that the heretofore descri.bed property was
surveyed by me, or under my dlrect supervlslom and that all
the monuments shown herein actually exist and their positions
ore correctly shOWn to the best of my Knowledge and belief,
!11111! BUCHER~ WILLIS & IL&TI. IFF
IIIIIIL CORPORATION '
Exhibit A