Agreement AGREEMENT
This Agreement is made this day of 4r4 -, 2016, by and between
PESTINGER ENTERPRISES, LLC, a Kansas limited,bility co pany, (the "Owner"), and the
CITY OF SALINA, KANSAS, a municipal corporation, (the "City").
RECITALS
A. The City, in conjunction with the Markley sanitary sewer project ("Project"),
wishes to acquire from the Owner certain permanent utility easement and temporary construction
easement affecting a certain portion of land owned by the Owner.
B. The City has caused the permanent utility 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 permanent utility 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 Permanent Utility Easement. The permanent utility 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 "Permanent Utility 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 Owned.upon.closing theitotal.;sum of
Three Thousand Five Hundred Dollars ($3,500.00) for the Permanent;f.UtilityrcEasement and
Temporary Construction Easement consisting of the following:
:1r
_. =, fuJ
•,S
Tract No. Type of Easement Acres Appraised Value
16 Permanent Utility .240 $2,690.00
15 Temporary Construction .755 $810.00
4., Documents: The Owner agrees that the Permanent Utility Easement and
Temporary Construction Easement shall be conveyed to the City by the Owner's execution and
delivery to the City of Permanent Utility Easement and Temporary Construction Easement
documents identical to the copies attached as Exhibits E and F to this Agreement. The
Permanent Utility 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 and one-half (11/4) years commencing April 1, 2016 and ending September 30, 2017;
provided, however, that from October 1, 2017 through September 30, 2018, 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 Permanent Utility Easement and Temporary Construction Easement.
7. Closing. Closing shall take place on or before February 16, 2016. At closing the
Owner shall:
a. deliver to the City the fully executed and acknowledged Permanent Utility
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.
8. Nonassignable. The Owner's rights under this Agreement shall not be assigned
without the prior written consent of the City.
9. 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.
PESTINGER ENTERPRISES, LLC
NOTARY PUBLIC-State of Kansas f w
Barbara L.Michael, By: /, i,rt 1; �aa -
Thomas R. Pestinger, Presideni
M y Comm.Exp. 1 6-1 1-1 8'
CITY OF SALINA, KANSAS
By: MP. > i %' /
ason A. Gage, City Man.ger
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Exhibit A
Tract 16
Permanent Utility Easement
Owner: Pestinger Enterprises LLC
Legal Description:
A tract of land in the Northwest quarter of Section 29, Township 14 South, and
Range 2 West of the Sixth Principal Meridian, Saline County, Kansas and more
particularly described as follows:
Commencing at the Northwest corner of Valley View Addition, a Subdivision in
the City of Salina, Saline County, Kansas;
Thence on an assumed bearing of South 00°28'27" East on the West line of said
Valley View Addition, a distance of 1314.80 feet to the POINT OF BEGINNING;
Thence South 00°28'27" East on said West line, a distance of 65.00 feet;
Thence South 89°31'33" West, a distance of 20.00 feet;
Thence South 00°28'27" East parallel with and 20.00 feet west of the said West
line, a distance of 383.92 feet;
Thence North 89°31'33" East, a distance of 20.00 feet to the Southwest corner of
said Valley View Addition;
Thence South 00°28'27" East on said West line extended, distance of 30.10 feet;
Thence South 89°32'39" West, a distance of 40.00 feet;
Thence North 00°28'27" West parallel with and 40.00 West of said West line and
extensions thereof, a distance of 427.66 feet;
Thence North 37°26'48" East, a distance of 65.09 feet to the POINT OF
BEGINNING.
The above described tract contains 0.240 acres more or less.
Exhibit B
Tract 16
Permanent Utility Easement
Owner: Pestinger Enterprises LLC
—/Point of Commencement
Northwest corner of r
Valley View Addition
Valley View
Addition
Temporary Construction
Easement
Tract 15
Soo' 28' 27"F
77-1314
NW 4 Section 29, Point of
T 14 S, R 2 W N37°26'48"E Beginning
65.09 65,00'27"E
65,00
Permanent Utility / S89°31'33"W
Easement Tract 16 ! 20.00 SO°28'27"E
1 ! 383.92
NO°28'27"W_ N89°31'33"E
427.66 20.00
I /1 Southwest corner
I / of Valley View
Addition
S89°32'39"W
40.00 S078'27"E
70.10
CITY OF SALINA, KANSAS
PUBLIC WORKS — ENGINEERING — UTILITIES
0 150 300 450 600 Tract 16
∎�� Permanent Utility Easement
Revised: 2014-01 -06 SCALE: 1- = 300' Pl.. 8_2713 DAM Jan 2014
Exhibit C
Tract 15
Temporary Construction Easement
Owner: Pestinger Enterprises LLC
Legal Description:
A tract of land in the Northwest quarter of Section 29, Township 14 South, and
Range 2 West of the Sixth Principal Meridian, Saline County, Kansas and more
particularly described as follows:
Commencing at the Northwest corner of Valley View Addition, a Subdivision in
the City of Salina, Saline County, Kansas;
Thence on an assumed bearing of South 00°28'27" East on the West line of said
Valley View Addition, a distance of 223.12 feet to the POINT OF BEGINNING;
Thence South 00°28'27" East on said West line, a distance of 1091.68 feet;
Thence South 37°26'48" West, distance of 65.09 feet;
Thence South 00°28'27" East parallel to said West line and extensions thereof, a
distance of 427.66 feet;
Thence North 89°32'39" East, a distance of 40.00 feet to said West line
extended;
Thence South 00°28'27" East on said West line extended, a distance of 20.00
feet;
Thence South 89°32'39" West, a distance of 60.00 feet;
Thence North 00°28'27" West parallel to said West line and extensions thereof, a
distance of 454.52;
Thence North 37°26'48" East, a distance of 65.09 feet to a point 20.00 feet West
of said West line;
Thence North 00°28'27" West parallel to said West line, a distance of 1084.98
feet;
Thence N 90°00'00" East, a distance of 20.00 feet to the POINT OF
BEGINNING.
The above described tract contains 0.755 acres more or less.
Exhibit D
Tract 15
Temporary Construction Easement
Owner: Pestingers Enterprises LLC
—Point of Commencement
Northwest corner of
Valley View Addition
S00 28' 27"E
N90' 00' 00"E 223.12'
20.00'
/ Point of
i' Beginning
L/
r
C
N00' 28' 27"W____.---
1084.98' /
28'
Temporary Construction f 11091.68' 27"E
Easement
Tract 15 '
C
NW 4 Section 29, Valley View
T 14 S, R 2 W Addition
N37' 26' 48'E I/
65.09' /.
y� _537' 26' 48"W
65.09'
1' Permanent Utility
Easement Tract 16
N00' 28' 27"yy I S00' 28' 27"E
454.52' 427.66'
Southwest corner of I N89' 32' 39"E
Valley View Addition 40.00'
r
S00' 28' 27"E
S89' 32' 39"W 20.00' '
S'
60.00'
CITY OF SALINA, KANSAS
PUBLIC WORKS — ENGINEERING — UTILITIES
0 150 300 450 Boo Tract 15
� Temporary Construction Easement
SCALE: 1' = 300' PRO!MOT w,r.
Revised: 2014-01-06 OB-2713 Jan 2014 2-2
lb.,ile,me Valer....., l'' F
Exhibit E
PERMANENT UTILITY EASEMENT
This Permanent Utility Easement is made this vl2. day of , 2016, by and
between PESTINGER ENTERPRISES, LLC, a Kansas d.,,liabilit,;''company, r(the
"Grantor") and the CITY OF SALINA, KANSAS, a municipal corp.oration,.(the'"City"):
.rurrrOO,M
GRANT: The Grantor, for good and valuable consideration,-hereby-conveys to the City
a permanent utility 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 accessing, locating, constructing, excavating, and maintaining poles,
wires, conduit, pipeline, and junction boxes necessary in conducting, transmitting, and distributing
water, sewage, electricity, gas, and electronic communications by the City, and its authorized
franchisees and licensees.
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 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.
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).
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 Utility Easement
effective as of the day and year written above.
PESTINGER ENTERPRISES, LLC
By: G� l�-
Y l
Thomas R. Pestinger, resident
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on C a a , 2016 by Thomas R.
Pestinger as President of PESTINGER ENTERPRISES, LLC.
My appointment expires:
NOTARY PUBLIC-State of Kansas M'T l!••L •, l .' i t
Barbara L.Michael No .ry Public
MY Comm.;Exp: r0-/q-1
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
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l ,
Exhibit F
TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement is made this day of January, 2016, by and
between PESTINGER ENTERPRISES, 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, installing, improving, and
inspecting a sanitary sewer main, City Project No. 08-2713 (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 and one-half(1''A) years commencing
April 1, 2016 and ending September 30, 2017; provided, however, that from October 1, 2017
through September 30, 2018, 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.
ACCEPTANCE OF PERMANENT UTILITY EASEMENT
CITY OF SALINA, KANSAS
By:
Jason A. Gage, City Manager
ATTEST:
Shandi Wicks, CMC, City Clerk
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on , 2016, 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
-3-
PESTINGER ENTERPRISES, LLC
By: '71 e-54127'tom
Thomas R. Pestinger, P ident
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on January os, 2016 by Thomas R.
Pestinger as President of PESTINGER ENTERPRISES, LLC.
My appointment expires: „AO." / , / '_ (
•
NOTARY PUBLIC•State of Kansas
Barbara L.Michael Notary Public
— My Comm.Exp. to —0-18"
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT
CITY OF SALINA, KANSAS
By:
Jason A. Gage, City Manager
ATTEST:
Shandi Wicks, CMC, City Clerk
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on January , 2016, 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
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