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01-11-2023 Trail, Utilility and Construction Easement AgreementAGREEMENT This Agreement is made this 11_ day of -;J'at'IUA/'f,< , 2023 , by and between Kenneth E . Post and Pamela A. Post, husband and wife , (the "Owner "), and the City of Salina, Kansas , a municipal corporation (the "City"). RECITALS A. The City , in conjunction with the Magnolia Road Bicycle and Pedestrian Facility, Highland to Ohio ("Project"), wishes to acquire from the Owner a certain permanent trail and utility easement and temporary construction easement affecting a certain portion of land owned by the Owner. B. The City has caused the permanent trail and utility easement and temporary construction easement 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 and utility easement and temporary construction easement to the City upon the terms and conditions contained in this Agreement. FOR AND IN CONSID ERATION of mutual and reciprocal promises and agreements set forth herein , the parties agree as follows: 1. Description of Permanent Trail and Utility Easement . The permanent trail and utility to b e conveyed by the Owner to the City shall b e as depicted and legally described on the attached and incorporated Exhibit A as Tract 1 (the "Permanent Trail and 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 Exhibit A as Tract 2 (the "Temporary Construction Easement"). 3 . Compensation. The City agrees to pay the Owner upon closing the total sum of Four Thousand Five Hundred Thirty-Six Dollars and Ten Cents ($4 ,536.10) for the permanent trail and utility easement and temporary construction easement consisting of the following : a.) Tract 1 Permanent Trail and Utility Easement (587 square feet) b.) Tract 2 Temporary Construction Easement (463 c.) Cost to Cure Items (i) Remove and Replace Fence (84ft) (ii) Reseed Grass (3lb bag) Total Comp ensation $ 1,258.01 $ 198.45 square feet) $ 3,060.00 $ 19.64 $ 4,536 .10 4. Documents . The Owner agrees that the Permanent Trail and Utility Easement and Temporary Construction Easement shall be conveyed to the City by the Owner 's execution and delivery to the City of a Permanent Trail and Utility Easement and Temporary Construction Easement identical to the copies attached as Exhibits B and C to this Agreement. ·The Permanent Trail and 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 two (2) year commencing January 30 , 2023 and ending January 29 , 2025 ; provided, however, that from January 30, 2025 through January 29 , 2 026 , 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 Trail and Utility Easement and Temporary Construction Easement. 7 . Closing . Closing shall take place on or before February 03, 202 3 . At closing the Owner shall : a . deliver to the City the fully executed and acknowledged Permanent Trail and Utility Easement and Temporary Construction E asement 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. 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. CITY OF SALINA, KANSAS By : ,:J?~a.M Pamela A. Post \_/ -2- EXHIBIT A Magnolia Road TRACT 1 Point of Beginning-Tract 1 Point of Commencement-Tract 2 0 20 40 60 BO SCALE : 1" = 40' A TRACT OF LAND IN LOT 1, BLOCK 3. KEY ACRES ADDITION (ACCORDED TO THE CORRECTED PLAT THEREOF), CITY OF SALINA, SALINE COUNTY, KANSAS, AND MORE PARnCULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE ON AN ASSUMED BEARING OF NORTH 89' 47' 10" WEST ON THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 115.16 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH oo· 12' 50" WEST ON THE WEST LINE OF SAID LOT 1, A DISTANCE OF 4. 75 FEET; THENCE NORTH 89' 54' 39 " EAST, A DISTANCE OF 89.33 FEET,· THENCE SOUTH 71' 23' 51" EAST, A DISTANCE OF 26.45 FEET TO THE EAST LINE OF SAID LOT 1; THENCE NORTH oo· 12' 50" EAST, A DISTANCE OF 9.95 FEET TO THE POINT OF BEGINNING. (SAID DESCRIPnON WRITTEN BY JOHN F. HARVEY P.S. 1426 ON JULY 19TH, 2022.) SAID TRACT CONTAINS 587 SQUARE FEET MORE OR LESS. TRACT 2 A TRACT OF LAND IN LOT 1, BLOCK 3, KEY ACRES ADDITION (ACCORDED TO THE CORRECTED PLAT THEREOF), CITY OF SALINA, SALINE COUNTY, KANSAS, AND MORE PARnCULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE ON AN ASSUMED BEARING OF SOUTH oo· 12' 50" EAST ON THE EAST LINE OF SAID LOT 1, A DISTANCE OF 9.95 FEET TO THE POINT OF BEGINNING; THENCE SOUTH oo· 12' 50 " WEST ON SAID EAST LINE, A DISTANCE OF 4.10 FEET,· THENCE NORTH 71' 23' 51 " WEST, A DISTANCE OF 26.88 FEET,· THEN CE SOUTH 89' 54' 39 " WEST, A DISTANCE OF 88.90 FEET TO THE WEST LINE OF SAID LOT 1; THENCE NORTH oo· 12' 50" EAST ON SAID WEST LINE, A DISTANCE OF 4.00 FEET,· THENCE NORTH 89' 54 ' 39" EAST, A DISTANCE OF 89.33 FEET,· THENCE SOUTH 77· 23' 51" EAST, A DISTANCE OF 26.45 FEET TO THE POINT OF BEGINNING. (SAID DESCRIPnON WRITTEN BY JOHN F. HARVEY P.S. 1426 ON JULY 19TH, 2022.) SAID TRACT CONTAINS 463 SQUARE FEET MORE OR LESS. CITY OF SA UNA, JOO WA SH, SALINA, KA NSAS PUBLIC WORKS -ENGINEERING -unLlnEs EXHIBIT A Post 2014-427 Nov 2022 Exhibit B PERMANENT TRAIL AND UTILITY EASEMENT This Permanent Trail and Utility Easement is granted this __ day of 2023 , by and between KENNETH E . POST AND PAMELA A. POST, husband and wife, (the "Grantors") and the CITY OF SALINA, KANSAS , a municipal corporation, (the "City"): Grant: The Grantors, for good and valuable consideration, convey to the City , in perpetuity, 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 as Tract 1 (the "Real Estate") for the purposes of: (A) Trail. Constructing, maintaining, repairing, replacing , and operating a multi- use, concrete-surfaced trail for use by the public in accordance with City regulation. (B) Utilities . Above and below-ground poles, wires, cables , conduit, pipeline, junction boxes , and any other equipment or facilities utilized for the purposes of conducting, transmitting, and distributing water, sewage, electricity, gas , telecommunications, and any other electronic transmissions by the City, City-authorized franchisees or licensees , or those otherwise authorized by law to utilize the Utility Easement. Restoration: After completion of construction, the City shall restore the area of the Easement as set out in the project plans and specifications. Grantors acknowledge that grading within the Easement may result in a permanent grade change. Term: The Easement shall be perpetual. Ownership: The Grantors covenant that they own the Real Estate and have 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 Magnolia Road right-of-way between the south boundary of the Real Estate and the south curb line of Magnolia Road. Binding Effect: The Easement and these acknowledgements, agreements, and covenants SHALL BE BINDING UPON AND SHALL RUN WITH THE REAL ESTA TE. (Si g nature Page Follows) IN WITNESS WHEREOF, the Granters have caused this instrument to be executed the day and year written above. Kenneth E. Post Pamela A. Post ACCEPTANCE OF PERMANENT TRAIL AND UTILITY EASEMENT CITY OF SALINA, KANSA S By: Michael D . Schrage, City Manager ATTEST: By: JoVonna A. Rutherford, City Clerk ACKNOWLEDGEMENTS STA TE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on ____ , 2023, by Kenneth E. Post and Pamela A. Post, husband and wife. My appointment expires: STATE OF KANSAS, COUNTY OF SALINE, ss: Notary Public Printed name: ---------- This instrument was acknowledged before me on _, 2023, by Michael D. Schrage as City Manager and JoVonna A. Rutherford as City Clerk of the City of Salina, Kansas. My appointment expires: Notary Public Printed name: ---------- [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- Exhibit C TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this __ day of , 2023, by and between KENNETH E. POST AND PAMELA A. POST, husband and wife, (the "Grantors") and the CITY OF SALINA, KANSAS , a municipal corporation, (the "City"): WITNESSETH: That the Grantors, for good and valuable consideration, do hereby convey unto the City, a temporary construction easement in, through, over, and across a certain portion of land owned by the Grantors, as legally described and as depicted as Tract 2 on the attached and incorporated as Exhibit A (the "Temporary Construction Easement") for all rights of ingress and egress of the City, its employees, contractors, and franchisees, for the purposes of constructing, grading, improving, reconstructing and inspecting the Off-Street Hike and Bike Trail , Project No. 085 TE-0502-01 (the "Project") in the manner called for in the project plans. TERM: The Temporary Construction Easement shall be for a term of two (2) year commencing January 30, 2023 and ending January 29, 2025; provided, however, that from January 30, 2025 through January 29, 2026, the City's employees or contractors shall have the right to perform maintenance, repair, or landscape work on the Project. RESTORATION: After completion of construction, the City shall restore the area of the Temporary Construction Easement by seeding or paving as set out in the project plans and specifications. Grantors acknowledge that grading within the Temporary Construction Easement may result in a permanent grade change. OWNERSIDP : Grantors covenant that they own the real estate upon which the Temporary Construction Easement is located and have the right, title and capacity to grant the easement herein conveyed. BINDING EFFECT. This Temporary Construction Easement is binding upon the heirs , executors, administrators, personal representatives , successors and assigns of the Grantors and the City, and it is understood that this instrument cannot be changed or altered other than in writing, signed by both Grantors and the City. (Signature Page Follows) IN WITNESS WHEREOF, the Grantors have caused this Temporary Construction Easement to be executed as of the day and year first above written. Kenneth E. Post Pamela A. Post ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT CITY OF SALINA, KANSAS By: Michael D. Schrage, City Manager ATTEST: By: JoVonna A. Rutherford, City Clerk ACKNOWLEDGEMENTS STATE OF KANSAS , COUNTY OF SALINE, ss: This instrument was acknowledged before me on ______ , 2023, by Kenneth E. Post and Pamela A. Post, husband and wife. My appointment expires: STATE OF KANSAS, COUNTY OF SALINE, ss: Notary Public Printed name: This instrument was acknowledged before me on _, 2023 , by Michael D. Schrage as City Manager and Jo Vonna A. Rutherford as City Clerk of the City of Salina, Kansas. My appointment expires: Notary Public Printed name: ~~~~~~~~~- [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(l3)] -2-