Trail, Utility and Construction Easement - WisemanAGREEMENT
This Agreement is made this ~3 day of /i;bru""'{( , 2023 , by and between Naomi Jean
Wiseman, a single person, (the "Owner"), and the City oSalina, 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 INCONSIDERATION 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 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 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
One Thousand Five Hundred Fifty Dollars and Sixty-Four Cents ($1 ,550.64) for
the permanent trail and utility easement and temporary construction easement
consisting of the following:
a.) Tract 1 Permanent Trail and Utility Easement $ 1,334.44
(630 square feet)
b.) Tract 2 Temporary Construction Easement $ 196.56
(464 square feet)
c.) Cost to Cure Items
(i) Reseed Grass (3lb Bag) $ 19.64
Total Compensation $ 1,550.64
j
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, 2026, 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 10, 2023 . At closing the
Owner shall:
a. deliver to the City the fully executed and acknowledged Permanent
Trail and 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 . 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
·~ 1 .J ' ~ (;WY . ./1"Mw l.V~ J:J mi Jean iseman
By :
. Schrage, City Manager
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EXHIBIT A
TRACT 1
so 2'5o·w
I 10._Sg _..I-
I
---I
tJ.012'50
J 4.1
Tract 1, Point of Beginning
Tract 2, Point of Commencement Mognolio Rood
Tract 1
N74TJ1'02•£
19.12
S74'01'02"W Lot 12 Tn:J,:t 2
19.lfr Block J I I
\.__ Tract ..Z Pptit of Beg ning I ~
I Existing R/W I . _p"'
IK9st Line Lot t2 fast L111t1 Lot 12
l
0 20 40 60
SCALE : 1" = 40'
A TRACT OF LAND IN LOT 12, BLOCK J, KEY ACRES ADDITION {ACCORDING TO THE CORRECTED PLAT THEREOF), CITY OF SALINA,
SALINE COUNTY, KANSAS. AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 12;
THENCE ON AN ASSUMED BEARING OF SOUTH oo· 12 ' 50" WEST ON THE WEST LINE OF SAID LOT 12, A DISTANCE OF 10.59 FEET;
THENCE NORTH 74 · 01' 02" EAST, A DISTANCE OF 19.12 FEET,-
THENCE NORTH 89' 54' 39" EAST, A DISTANCE OF 96.80 FEET TO THE EAST LINE OF SAID LOT 12;
THENCE NORTH oo· 12 ' 50" EAST, A DISTANCE OF 4. 75 FEET TO THE NORTH LINE OF SAID LOT 12;
THENCE NORTH 89' 47' 10" WEST, A DISTANCE OF 115.16 FEET TO THE POINT OF BEGINNING.
(SAID DESCRIPTION WRITTEN BY JOHN F. HARVEY P.S. 1426 ON JULY 19TH, 2022.)
SAID TRACT CONTAINS 630 SQUARE FEET MORE OR LESS.
TRACT 2
A TRACT OF LAND IN LOT 12, BLOCK J, KEY ACRES ADDITION {ACCORDING TO THE CORRECTED PLAT THEREOF), CITY OF SALINA,
SALINE COUNTY, KANSAS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 12;
THENCE ON AN ASSUMED BEARING OF SOUTH oo· 12' 50" WEST ON THE WEST LINE OF SAID LOT 12, A DISTANCE OF 10.59 FEET TO
THE POINT OF BEGINNING;
THENCE NORTH 74· 01' 02" EAST, A DISTANCE 19.12 FEET,·
THENCE NORTH 89' 54' 39" EAST, A DISTANCE 96.80 FEET TO THE EAST LINE OF SAID LOT 12;
THENCE SOUTH oo· 12' 50" WEST ON THE EAST LINE OF SAID LOT 12. A DISTANCE OF 4.00 FEET,-
THENCE SOUTH 89' 54' 39" WEST, A DISTANCE OF 96.22 FEET,·
THENCE SOUTH 74· 01' 02" WEST, A DISTANCE OF 19.72 FEET TO THE WEST LINE OF SAID LOT 12;
THENCE NORTH oo· 12' 50" EAST, A DISTANCE OF 4.17 FEET TO THE POINT OF BEGINNING.
(SAID DESCRIPTION WRITTEN BY JOHN F. HARVEY P.S. 1426 ON JULY 19TH, 2022.)
SAID TRACT CONTAINS 464 SQUARE FEET MORE OR LESS.
80
CITY OF SALINA, JOO W ASH. SALINA, KANSAS
PUBLIC WORKS -ENGINEERING -unLlnES
EXHIBIT A
Wiseman
lfl().J#Et lME
2014-427 Feb 2023
EXHIBIT A
Tract 1, Point of Beginning
Tract 2, Point of Commencement Magnolia Road
Tract 1 Existing R/W
N89'54'39"E North Line of Lot 12
96.80 N0'12'50"E S0'12'50"W
10.59 4.75 ____ _
~~~~r= -----=-~:::=----.J
N0'12'50"E
4.17 N74.01'02"E
19.12
19.72 Block 3 I
I so·12'5o"w
4.00
s14·01'02"w Lot 12 rrrdpt I
l Tract 2, Point of Beginning I
I Existing R/W L
I West Line Lot 12 East Line Lot 12 l_J 1--------Lo_t _1 __ _____, . Block 3 t-
0 20 40 60
SCALE: 1" = 40'
TRACT 1
A TRACT OF LAND IN LOT 12, BLOCK 3, KEY ACRES ADDITION (ACCORDING TO THE CORRECTED PLAT THEREOF), CITY OF SALINA,
SALINE COUNTY, KANSAS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 12;
THENCE ON AN ASSUMED BEARING OF SOUTH 00' 12' 50" WEST ON THE WEST LINE OF SAID LOT 12, A DISTANCE OF 10.59 FEET;
THENCE NORTH 74· 01' 02" EAST, A DISTANCE OF 19.12 FEET,·
THENCE NORTH 89' 54' 39" EAST, A DISTANCE OF 96.80 FEET TO THE EAST LINE OF SAID LOT 12;
THENCE NORTH 00' 12' 50" EAST, A DISTANCE OF 4. 75 FEET TO THE NORTH LINE OF SAID LOT 12,·
THENCE NORTH 89' 47' 10" WEST, A DISTANCE OF 115.16 FEET TO THE POINT OF BEGINNING.
(SAID DESCRIPTION WRITTEN BY JOHN F. HARVEY P.S. 1426 ON JULY 19TH, 2022.)
SAID TRACT CONTAINS 630 SQUARE FEET MORE OR LESS.
TRACT 2
A TRACT OF LAND IN LOT 12, BLOCK 3, KEY ACRES ADDITION (ACCORDING TO THE CORRECTED PLAT THEREOF), CITY OF SALINA,
SALINE COUNTY, KANSAS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 12;
THENCE ON AN ASSUMED BEARING OF SOUTH 00' 12' 50" WEST ON THE WEST LINE OF SAID LOT 12, A DISTANCE OF 10.59 FEET TO
THE POINT OF BEGINNING;
THENCE NORTH 14' 01' 02" EAST, A DISTANCE 19.12 FEET,·
THENCE NORTH 89' 54' 39" EAST, A DISTANCE 96.80 FEET TO THE EAST LINE OF SAID LOT 12;
THENCE SOUTH 00' 12' 50" WEST ON THE EAST LINE OF SAID LOT 12, A DISTANCE OF 4.00 FEET,·
THENCE SOUTH 89' 54' 39" WEST, A DISTANCE OF 96.22 FEET,·
THENCE SOUTH 14' 01' 02" WEST, A DISTANCE OF 19.12 FEET TO THE WEST LINE OF SAID LOT 12;
THENCE NORTH 00' 12' 50" EAST, A DISTANCE OF 4.17 FEET TO THE POINT OF BEGINNING.
(SAID DESCRIPTION WRITTEN BY JOHN F. HARVEY P.S. 1426 ON JULY 19TH, 2022.}
SAID TRACT CONTAINS 464 SQUARE FEET MORE OR LESS.
80
CITY OF SALINA, 300 W ASH, SALINA, KANSAS
PUBLIC WORKS -ENGINEERING -unLITIES
EXHIBIT A
Wiseman
2014-427 Feb 2023
. '
Exhibit B
PERMANENT TRAIL AND UTILITY EASEMENT
This Permanent Trail and Utility Easement is granted this __ day of ____ _
2023, by and between NAOMI JEAN WISEMAN, a single person (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 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. Grantor acknowledges that grading
within the Easement may result in a permanent grade change.
Term: The Easement shall be perpetual.
Ownership: The Grantor covenants that Grantor 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 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.
(Signature Page Follows)
IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed the
day and year written above.
Naomi Jean Wiseman
ACCEPTANCE OF PERMANENT TRAIL AND UTILITY EASEMENT
CITY OF SALINA, KANSAS
By:
Michael D. Schrage, City Manager
ATTEST:
By:
Jo Vonna A. Rutherford, City Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on ____ , 2023, by Naomi Jean
Wiseman, a single person.
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)]
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. . ' .
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Exhibit C
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this _ day of , 2023 , by and between
NAOMI JEAN WISEMAN, a single person , (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 , a temporary construction easement in , through , over, and across a certain
portion of land owned by the Grantor , 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. Grantor acknowledges that grading within the Temporary Construction Easement
may result in a permanent grade change.
OWNERSIDP: Grantor covenants that Grantor owns the real estate upon which the
Temporary Construction Easement is located and has 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 Grantor and the
City , and it is understood that this instrument cannot be changed or altered other than in writing ,
signed by both Grantor and the City.
(Si gnature Page Follows)
IN WITNESS WHEREOF, the Grantor has caused this Temporary Con struction
Easement to be executed as of the day and year written above.
Naomi Jean Wiseman
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 Naomi Jean
Wiseman, a single person .
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)]
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