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Lot 11, Block 15 Belmont Addition (Permanent Signage Agreement) AGREEMENT This Agreement is made this day of .. 4 1 y , 2015, by and between DENNIS D. COLLIER, a single person, (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: 1. 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 June 30, 2015. 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 t•eir hands the day and year first above written. - �� ennis li • er CITY OF SALINA, KANSAS By: d ason A. Gage, City M ager -2- Exhibit A Tract 2 (Sign Easement) Owner: Dennis D. Collier Point of Commencement North Line of Lot 111 em 4-Li it o1, _- W East Line of Block 15 u)1, Et c 0 N89'49'06"E o °— 11- Tract 2 Sign Easement 6.00 o 36 square feet Point of NO'10'54"W /� Beginning 6.00 , South Line of Lot 11- S070'54"E 6.00 S89'49'06"W 6.00 0 10 20 40 60 SCE: 1• ■ 20. A tract of land located in Lot 11, Block 15, Belmont Addition to the City of Salina, Saline County, Kansas and more particularly described as follows: Commencing at the Northeast corner of said Lot 11, Thence on an assumed bearing of South 00' 10' 54" East on the East line of said Block 15, a distance of 50.00 feet to the Point of Beginning; Thence South 00' 10' 54" East on said east line, a distance of 6.00 feet; Thence South 89' 49' 06" West, a distance of 6.00 feet; Thence North 00' 10' 54" West, a distance of 6.00 feet; Thence North 89' 49' 06" East, a distance of 6.00 feet to the Point of Beginning. Said Tract Contains 36 square feet more or less. N F ........ W ro•,�.Zol' Y OF SAUNA, 300 W ASH, SAUNA, KANSAS PUBLIC PVRJ(S— ENGINEERING—UAUIIES • 4t) ..... 1t Exhibit A v:�SGf���,,..m�G Tract 2 (Shp Easement) ..2012-312 ro S4P 2014 rv.1-1 .,uwc n,-zr.e++.t—... I"aM - Exhibit A Tract 2 (Sign Easement) Owner: Dennis D. Collier . Point o Corm,,, : . - = -- ._ te` • Line of Lot 11 k. OPE W .." O Lu East Line of Block 15 CC 0' -No .4 » o p N89 9 06 E o — l 6.00 "' 0 Tract 2 Sign easement 1 36 square feet Point of NO'10'54"W Beginning = iimaimmar__ 6.00 South Line of Lot 11---,,, S0'10'54"E 600 —SS.9 49'06"W 6.00 % 0 10 20 40 60 �.� SCALE: 1• _ 20' A tract of land located in Lot 11, Block 15, Belmont Addition to the City of Salina, Saline County, Kansas and more particularly described as follows: Commencing at the Northeast corner of said Lot 11, Thence on an assumed bearing of South 00' 10' 54" East on the East line of said Block 15, a distance of 50.00 feet to the Point of Beginning; Thence South 00' 10' 54" East on said east line, a distance of 6.00 feet; Thence South 89' 49' 06" West, a distance of 6.00 feet; Thence North 00' 10' 54" West, a distance of 6.00 feet; Thence North 89' 49' 06" East, a distance of 6.00 feet to the Point of Beginning. Said Tract Contains 36 square feet more or less. CITY OF SALINA, 300 W ASN, SALINA, KANSAS PUBLIC WORKS - ENGINEERING- UI7U1)ES Exhibit A Tract 2 (Si ig Easement) 2012-312 Dec 2074 1-1 ,'— i}-1!Y.l E...., I,ar Exhibit B PERMANENT SIGNAGE EASEMENT This Permanent Signage Easement is made this day of , 2015, by and between DENNIS D. COLLIER, a single person, (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, which shall not include any improvements installed thereon. 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. Dennis D. Collier 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 , 2015, by DENNIS D. COLLIER, a single person. 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. My appointment expires: Notary Public [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2-