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Lot 22, Surveyors Plat 8 - Easement and Agreement AGREEMENT//�� Q� This Agreement is made this/fp/day of ), 2017, by and between BILL S. MEDINA and PEGGY MEDINA, Trustees, under the BILL S. MEDINA TRUST, dated August 4, 2000, (the "Owner") and the CITY OF SALINA, KANSAS, a municipal corporation, (the "City"): RECITALS A. The City, in conjunction with construction and operation of a multi-use, concrete- surfaced trail for public use, desires to acquire from the Owner a permanent trail easement affecting a certain tract of real estate owned by the Owner. B. The City has caused the permanent trail 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 trail 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. Permanent Trail Easement. The Owner agrees to convey to the City, in perpetuity, a permanent easement (the "Easement") in, on, over, under and through the real estate legally described on the attached and incorporated Exhibit A and depicted on the attached and incorporated Exhibit B (the "Real Estate") for the purposes of constructing, maintaining, repairing, replacing, and operating a multi-use, concrete-surfaced trail for use by the public in accordance with City regulation. 2. Compensation. The City agrees to pay the Owner upon closing the total sum of Twenty-Three Thousand, Seven Hundred and Ten Dollars ($23,710.00) for the Permanent Trail Easement. 3. City's Maintenance Responsibilities. The City agrees that it will be responsible for: a. Constructing, maintaining, repairing, replacing, and operating (including snow removal) the multi-use, concrete-surfaced trail to be constructed on the Real Estate; and b. Maintaining (including mowing) the Real Estate and that portion of the Indiana Street right-of-way between the west boundary of the Real Estate and the east curb line of Indiana Street. 4. Documents. The Owner agrees that the Permanent Trail Easement shall be conveyed to the City by the Owner's execution and delivery to the City of an instrument identical to the copy attached as Exhibit C to this Agreement for recording by the City (at the expense of the City) in the office of the Saline County Register of Deeds, 5. Covenant of Title. The Owner covenants that it is the lawful owner of the real estate affected by the Permanent Trail Easement, and that the real estate is not subject to any mortgage or other lien encumbrance, other than: a. ; and b. I" K 6. Mortgagee's or Lienholder's Consent. If applicable, the Owner shall at closing deliver to the City a duly executed and acknowledged consent to the Permanent Trail Easement by the holder of any mortgage or other lien encumbrance for recording by the City (at the expense of the City) in the office of the Saline County Register of Deeds. 7. Closing. Closing shall take place on or before October /10 2017. At closing the Owner shall deliver to the City: a. The fully executed and acknowledged Permanent Trail Easement and, if applicable, lienholder's consent documents, and b. A fully completed and signed Form W-9 listing the Owner's current mailing address and taxpayer identification number, upon which the City shall pay Owner the total compensation set forth in paragraph 2 above. 8. Non-assignable. 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. THE BILLS. MEDINA TRUST CITY OF SALINA, KANAS dated August 4, 2000 J By: oral � i a '` • ` :ill S. Medina, Trustee Ka,• J. 44 . 'i rd, Mayor • By: ' .A • I �/) By: `y � d lQi Peggy .�i ee trestes Shandi L. Wicks, CMC, City Clerk -2- '1111111111111 iiiiiiiiiiiuiiiiu11111IiiiiuuiuiiiuiiiullhIIIiuiiiuii _ REBECCA SEEMAN �•'�" ". REGISTER OF DEEDS SALINE COUNTY KANSAS ?Book:1335 Page: 904-907 Receipt #: 113512 1 Recording Fee: $60.00 Pages Recorded: 4 C N Date Recorded: 10/25/2017 11:24:03 AM PERMANENT TRAIL EASEMENT This Permanent Trail Easement is granted this 5e day of ©e+nhr , 2017, by and between BILL S. MEDINA and PEGGY MEDINA, Trustees, under the BILL S. MEDINA TRUST, dated August 4, 2000, (the "Grantor") and the CITY OF SALINA, KANSAS, a municipal corporation, (the "City"): Grant: The Grantor, for good and valuable consideration, conveys to the City, in perpetuity, a permanent easement (the "Easement") in, on, over, under and through the real estate legally described on the attached and incorporated Exhibit A and depicted on the attached and incorporated Exhibit B (the "Real Estate") for the purposes of constructing, maintaining, repairing, replacing, and operating a multi-use, concrete-surfaced trail for use by the public in accordance with City regulation. Term: The Easement shall be perpetual. Ownership: The Grantor covenants that it owns the Real Estate and has the right, title and capacity to grant the Easement. Maintenance: The City covenants that it shall be responsible for: A. Constructing, maintaining, repairing, replacing, and operating (including snow removal) the multi-use, concrete-surfaced trail to be constructed on the Real Estate; and B. Maintaining (including mowing) the Real Estate and that portion of the Indiana Street right-of-way between the west boundary of the Real Estate and the east curb line of Indiana Street. Trustee Covenants: Upon being first duly sworn upon oath, Grantor further covenants that: (I) Grantor is the Trustee under the Trust; (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 the above-described Easement. Binding Effect: The Easement and these acknowledgements, agreements, and covenants SHALL BE BINDING UPON AND SHALL RUN WITH THE REAL ESTATE. IN WITNESS WHEREOF, the parties have hereunto caused this instrument to be executed the day and year written above. Book 1335 Page: 905 r , THE BIL MEDINA TRUS T dated Auust 4, 2000 By: c S Bill S. Medina, Trustee By: if, t ' �_ ESTE Peggy-1/4111 . Trustee ACCEPTANCE OF PERMANENT TRAIL EASEMENT CITY OF SALINA, KANSAS � S Bl O .� - ,� K. e J. r a j;t�rd, Mayor ATTEST: Shandi L. Wicks, CMC, City Clerk ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was sworn and acknowledged before me on OC.A o erS, 2017, by Bill S. Medina, Trustee, and Peggy Medina, Trustee, under the Bill S. Medina Revocable Trust dated August 4, 2000. /...My appointment expires:-3-31—it . . 40.04en, jobVIRGINIA SPOONER Notuy Pubbc•Stats of Kwes NotaryP blic my Amt.Exptres 3 31—I S Printed name: V i rG t✓t.ra- ?Done r STATE OF KANSAS, COUNTY OF SALINE, ss: J This instrument was acknowledged before me onCC\p .v [1p , 2017, by Kaye J. Crawford as Mayor and Shandi Wicks, CMC, as City Clerk of the City of Salina, Kansas. My appointment expires: c / ALLISON STRAIT otary Public \Qj Notary Public- State of Kansas Printed name: AlliSOn 51-fats My Appt. Expires 10-25-20 [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] • i Book 1335 Page: 906 Exhibit A Tract 1 Parcel 1 A tract of land in Lot 22, Surveyors Plat 8, City of Salina, Saline County, Kansas and more particularly described as follows: Commencing at the Northwest corner of said Lot 22; thence on a assumed bearing of South 89' 10' 40" East on the north line of said Lot 22, a distance of 25.00 feet to the east Indiana Avenue Right of Way line and the Point of Beginning; thence South 89' 10' 40" East on the north line of said Lot 22, a distance of 12.00 feet; thence South 0' 28' 03" West and parallel with the west line of said Lot 22, a distance of 367.88 feet to the South line of said Lot 22; thence North 81' 44' 11" West on the south line of said Lot 22, a distance of 12. 11 feet to the east Indiana Avenue Right of Way line; thence North 0' 28' 03" East on the east Indiana Avenue Right of Way line, a distance of 366.32 feet to the Point of Beginning. COY&SALWA JW W ASM SALIVA. KANSAS Nd�IC WINKS—QA7.T£RNG— UTUVES Exhibit A Trod t. Pard 1 re wows -2 sus so-arrrro, I. P • ` Book 1335 Page: 907 Exhibit B Tract 1 Point of Commencment Parcel 1 Northwest corner of Lot 22 STAPLER AVE. Point of Beginning .58970'40 f % S8970140 ; 8970 40t 25. 10 72.00 North Line of Lot 22, Surveyors Plat 8 coE i 0 Tract 1 N Existing 25.00' Public Right of Way o A Dedicated Misc. Book: 54, page: 444 v 0 N op J o Part of Lot 22, Surveyors Plat 8 17 o44) o 2N13114411w South line of Lot 22, d Surveyors Plat 8 G 'SUM AVE.Iant a-SALM 307 W ASM S4[NA. KANSAS PGR/C x9 c5-ENGNE7dNG- MIRES 0 25 50 75 100 Exhibit B --4 . •..._S .�- _" i Tract t. Ptrcd i SCALE: 1. 50' -- -. .a zvrs r2-2 ��V