Permannent Easement
r
AGREEMENT
This Agreement is made this¿7 #day of December, 2004, by and between Mark Peterson
and Sofia Peterson, his wife, (the "Owner"), and the City of Salina, Kansas, a municipal
corporation, (the "City").
RECITALS
A. The City, in conjunction with the Deborah Drive Storm Drainage Improvement
Project, wishes to acquire from the Owner a permanent storm water drainage easement affecting
a certain portion of land owned by the Owner for the construction, operation, and maintenance of
storm water drainage structures.
B. The City has caused the temporary construction easement to be acquired to be
appraised and has negotiated a purchase price with the Owner.
C. It is the desire of the Owner to convey the permanent storm water drainage
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. The permanent storm water drainage easement to be conveyed by the
Owner to the City shall be as legally described on the attached and incorporated Exhibit A and as
depicted on the Engineering Drawing attached and incorporated as Exhibit B (the "Permanent
Easement").
2. Compensation. The City agrees to pay the Owner upon closing the total sum of
Two Hundred Fifty and Noll OOths Dollars ($250.00) for the Temporary Easement consisting of
the following:
a.
Temporary Easement
(192.9 sq. ft. at $1.00 per sq. ft.)
$192.90
b.
Damages to remaining property
(reduced utility factor - $50.00)
50.00
Total Compensation
Rounded
$242.90
$250.00
3. Documents. The Owner agrees that the Permanent Easement shall be conveyed to
the City by the Owner's execution and delivery to the City of a Permanent Easement document
identical to the copy attached as Exhibit C to this Agreement. The Permanent 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 Permanent Easement.
5. Partial Mortgage or Other Lien Release. In those cases where Real Estate is
subject to mortgage or other liens or encumbrances, the Owner shall at closing deliver to the City
a duly executed and acknowledged partial mortgage release or release of lien, releasing that
portion of the real estate to which the Right-of-Way relates from any mortgage or other lien
encumbrance. Any partial mortgage release or other lien release documents shall be recorded by
the City with the office of the Saline County Register of Deeds, at the expense of the City.
6. Closing. Closing shall take place on or before December, 2004. At closing the
Owner shall:
a.
deliver to the City the fully executed and acknowledged Temporary
Easement document,
b.
provide the City with any other necessary information such as the Owner's
current mailing address and a Form W-9 (tax identification number),
at which time the City shall pay Owner the total compensation set forth in paragraph (2) above.
8. Nonassignable. The Owner's rights under this Agreement shall not be assigned
without the prior written consent ofthe 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
-2-
EXHIBIT "A"
J
TRACT NO.2
LEGAL DESCRIPTION FOR DRAINAGE EASEMENT
A tract of land located on Lot 2, Block 4, Holiday Resort Addition to the City of Salina, Saline County, Kansas, more
particularly described as follows:
Commencing at the Southeast Comer of said Lot 2; thence N 000 OS' 3S8 W, a distance of One-ninety and Twenty-six
hundredths (190.26) feet along the east line of said Lot 2, to the point of beginning;
thence S ago 13' 22" W, a distance of Twelve and Sixty-seven hundredths (12.67) feet to a point on the north line of
said Lot 2;
thence on a curve to the left, with a radius of 100.00 feet, a arc distance of Fifty and Eighty-eight hundredths (SO.SS)
feet, a chord bearing of N 14° 2S' 558 E and a chord distance of Fifty and Thirty-three hundredths (50.33) feet;
thence S 000 OS' 388 E, a distance of Forty-eight and Fifty-six hundredths (48.56) feet along the east line of said Lot 2,
back to the point of beginning.
The above described tract of land contains 192.9 square feet, more or less and is shown on Exhibit Tract No.2.
Prepared by: D. Klanke
File Name: Tract No.2
EXHIBIT "B"
J
DRAINAGE
EASEMENT
t Scale" = so'
R = 100.00'
L = 50.88'
C = 50.33' I
CB = N 14° 28' 55" E ,
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48.56'
S 00°05'38" E
Point of Beginning
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Lot 2
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S 89°13'22" W
11.19'
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Point of Commencement
Southeast Corner of Lot 2
--~-~~~-~~~------------
110.01'
N 89013'22" E
Exhibit Tract No.2
EXHIBIT "C"
PERMANENT EASEMENT FOR
STORMW ATER DRAINAGE PURPOSES
MARK PETERSON and SOFIA PETERSON, his wife, (the "Grantors"), do hereby grant
and convey unto the CITY OF SALINA, KANSAS, a municipal corporation (the "Grantee"), a
permanent easement for stormwater drainage purposes for the construction, operation, and
maintenance of storm water drainage structures on, over, under, and across the real estate legally
described on the attached and incorporated Exhibit A and depicted on the attached and incorporated
Exhibit B.
Grantors hereby covenant that they are the lawful owners of the described real estate and
have the right, power, and authority to convey the rights granted hereby.
IN WITNESS WHEREOF, the undersigned Grantors set their hands this - day of
December, 2004.
Mark Peterson
Sofia Peterson
STATE OF KANSAS
)
) ss:
)
COUNTY OF SALINE
BE IT REMEMBERED, that on this - day of December, 2004, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Mark Peterson and
Sofia Peterson, his wife, who are personally known to me to be the same persons who executed
the above and foregoing instrument of writing and duly acknowledged the execution of the same.
-
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year last above written.
Notary Public
My appointment expires:
REBECCA ~ /
REGISTER IF DEEDS c..- ~
Sfl..II'£ COUNTY KIWSAS N
Book: 1095 Page: 1637
Receipt I: 22338 -rota I Fees: $16.81
Pages Recorded: 3
Date Recorded: 1/5/2885 9:30:31 AM
PERMANENT EASEMENT FOR
STORMW A TER DRAINAGE PURPOSES
MARK PETERSON and SOFIA PETERSON, his wife, (the "Grantors"), do hereby grant
and convey unto the CITY OF SALINA, KANSAS, a municipal corporation (the "Grantee"), a
permanent easement for stormwater drainage purposes for the construction, operation, and
maintenance of storm water drainage structures on, over, under, and across the real estate legally
described on the attached and incorporated Exhibit A and depicted on the attached and incorporated
Exhibit B.
Grantors hereby covenant that they are the lawful owners of the described real estate and
have the right, power, and authority to convey the rights granted hereby.
IN WITNESS WHEREOF, the undersigned Grantors set their hands this~...l th.day of
December, 2004.
~~
--
STATE OF KANSAS
)
) ss:
)
COUNTY OF SALINE
BE IT REMEMBERED, that on this :':;' '7:.~ day of December, 2004, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Mark Peterson and
Sofia Peterson, his wife, who are personally known to me to be the same persons who executed
the above and foregoing instrument of writing and duly acknowledged the execution of the same.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year last above written.
My appointment expires:
.'1 ¿
; . (" ./ 1,..L '_.~~~
CfAf ¡ J i- 4 . ~
Notary Public
a. JULIE A. KIPPES
EIi.§ Notary Public. State of Kansas
My Appt. Expires Mar 12, 2008
#
Book: 1095 ~~Ti~~8
. .
. .
TRACT NO.2
LEGAL DESCRIPTION FOR DRAINAGE EASEMENT
A tract of land located on Lot 2, Block 4, Holiday Resort Addition to the City of Salina, Saline County, Kansas, more
particularly described as follows:
Commencing at the Southeast Comer of said Lot 2; thence N 00° OS' 388 W, a distance of One-ninety and Twenty-six
hundredths (190.26) feet along the east line of said Lot 2, to the point of beginning;
thence S ago 13' 22ft W, a distance of Twelve and Sixty-seven hundredths (12.67) feet to a point on the north line of
said Lot 2;
thence on a curve to the left, with a radius of 100.00 feet, a arc distance of Fifty and Eighty-eight hundredths (50.88)
feet, a chord bearing of N 14° 28' 55ft E and a chord distance of Fifty and Thirty-three hundredths (50.33) feet;
thence S 00° 05' 38ft E, a distance of Forty-eight and Fifty-six hundredths (48.56) feet along the east line of said Lot 2,
back to the point of beginning.
The above described tract of land contains 192.9 square feet, more or less and is shown on Exhibit Tract No.2.
Prepared by: D. Klanke
File Name: Tract No.2
.
#
EXHIBIT liB"
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DRAINAGE
Book: 1095 Page: 1639
EASEMENT
t Sea, ,. ~ so'
R = 100.00'
L = 50.88'
C = 50.33' I
CB = N 14028' 55" E ,
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48.56'
S 00°05'38" E
Point of Beginning
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Lot 2
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12.67'
S 89°13122" W
11.19'
N 89 3'22" E
\ Block 4
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Point of Commencement
Southeast Corner of Lot 2
--~-~~~-~~~------------
110.01'
N 89013'22" E
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Exhibit Tract No.2