City & USD 305 Land Sale Mulberry St. & South ParkAGREEMENT RELATING TO THE SALE OF REAL ESTATE
by
THE CITY OF SALINA, KANSAS
and
UNIFIED SCHOOL DISTRICT NO. 305, SALINE COUNTY, STATE OF KANSAS
This Agreement Relatin to the Sale of Real Estate (this "Agreement") is entered into
effective as of the M*Ilay of[, 2024, by the CITY OF SALINA, KANSAS, a Kansas
municipal corporation, (the "City") and UNIFIED SCHOOL DISTRICT NO. 305, Saline County,
State of Kansas (the "District").
Recitals
A. Mulberry Street Property. The District, as successor in interest to The Board of
Education of the City of Salina, Kansas ("The Board") is currently record owner of the real estate
legally described as:
Lots Six (6), Seven (7), Eight (8), Nine (9), and Ten (10) on Mulberry Street in the Original
Town (now City) of Salina, Saline County, Kansas (the "Mulberry Street Property").
B. South Park Property. The District, as successor in interest to The Board, is also
currently record owner, of the real estate legally described as:
All of that certain tract of ground known and designated as South Park, and which is located
in the Original Town of Salina according to the recorded plat thereof, in the block which
is bounded by Second Street and Third Street and by Walnut Street and Mulberry Street,
and which is sometimes also known and designated as "City Park", being all of said block
above described, except Lots One (1), Two (2), Three (3), Four (4) and Five (5) at the north
end thereof, facing on Walnut Street, and Lots Six (6), Seven (7), Eight (8), Nine (9) and
Ten (10) at the South end thereof, facing on Mulberry Street (the "South Park Property");
subject to reversion to the City upon the failure of the District to use the South Park Property for
school purposes only.
C. Original platting and conveyance to Trustees of the Town of Salina. The Salina
Town Company platted the South Park Property as "South Park" when it platted the Original Town
pursuant to certificate of plat dated March 19, 1862, and recorded April 14, 1862; and subsequently
deeded the South Park Property to the Trustees of the Town of Salina, in trust, to be reserved, kept,
and maintained as a public park forever by deed dated December 27, 1869, and recorded March 9,
1870.
D. Legislative authorization for conveyance to District. The 1937 Kansas Legislature
enacted special, pre -constitutional home rule enabling legislation applicable to the City of Salina
in the form of chapter 308 of the Session Laws of 1937, as subsequently amended by chapter 250
of the Session Laws of 1939 (collectively, the "Enactment") copies of which are attached as
Exhibits A-1 and A-2. The Enactment authorized a city to which the Enactment applied to convey
property acquired under the same terms as the South Park Property was acquired by the City, in
trust, "to convey any such land to the board of education of such city, to be used for school purposes
only, and the governing body of such city is hereby declared to be the legal successor to the trustees
of any such town, and as such shall have authority to authorize the execution of any such deed as
herein provided for by the mayor and city clerk of any such city, for and on behalf of and as the
act of such city; provided, however, that any land when so conveyed shall be used by the board of
education or school district of any such city for school purposes only, and further provided that
upon the failure of such board of education to use the same for such purpose, the title to such land
shall revert to such city."
E. Salina Board of Education request. At the September 6, 1938, regular meeting of
the Salina Board of City Commissioners, a resolution of The Salina Board of Education was
presented petitioning the City Commission to deed the South Park Property (referred to in the
resolution as "City Park") to the Salina Board of Education for the purpose of a site upon which
to erect a high school. A motion to grant the request was unanimously approved by the City
Commission at that meeting.
F. Conveyance by City to District subject to reversion. Pursuant to the Enactment,
the South Park Property was conveyed by the City to The Board by deed executed on September
7, 1938, and recorded February 13, 1946, at Deed Book 147, pp. 346-347 of the records of the
Saline County Register of Deeds, a copy of which is attached as Exhibit B, subject to reversion to
the City upon failure of the District to use the real estate for school purposes (the "City's
Reversionary Interest").
G. Charter Ordinance enabling the City to relinquish its reversionary interest. The
City passed Charter Ordinance Number 43 on January 7, 2024, which, in the absence of the filing
of a sufficient petition for a referendum, became effective on March 7, 2024, thus exempting the
City, in part, from the provisions of the non -uniformly -applicable Enactment with the intent of
enabling a governing body of the City to discretionarily exercise its constitutional "home rule"
authority to release the District from the deed covenant limiting use of the South Park Property
"for school purposes only" and that part of section 2 of the Enactment which provides: "That any
land so conveyed shall be used by the board of education or school district of any such city for
school purposes only, and upon the failure of such board of education or school district to use the
same for such purpose, the title to such land shall revert to such city."
H. South Park Property lot split. The City and the District have caused a survey to be
prepared for the purpose of depicting a proposed lot split of the South Park Property platted as
"South Park" into South Park Property — "Tract 1" and South Park Property — "Tract 2," a not -to -
scale copy of which is attached as Exhibit C (the "Survey").
I. City public water well site. The District granted to the City easements recorded
May 13, 1959, at Deed Book 193, pp. 270-271 and August 3, 1989, at Misc. Book 145, pp. 328-
330, as depicted on Exhibit C, for the purpose of the City's operation of a public water well (No.
13) on South Park Property — Tract 1 as an authorized point of diversion under the City's vested
right to beneficial use of water.
J. Public interest served. The respective governing bodies of the City and the District
have determined that the public interest will be served by (i) the City's relinquishment of the City's
Reversionary Interest in the South Park Property; (ii) the potential sale of South Park Property —
pi
Tract 2 based upon proposals for market -rate, multi -family, residential redevelopment
complementary to the Downtown; and (iii) the potential sale of South Park Property — Tract 1,
including the District's building located there, based upon proposals for intended redevelopment
for purposes agreed to by the respective governing bodies of the District and the City.
The City and the District agree and covenant:
1. Recitals and defined terms. The Recitals above are incorporated as part of the terms
of this Agreement. Capitalized terms in this Agreement shall have the same meanings as identified
in the Recitals.
2. Precondition of Compliance with K.S.A. 12-1301. Because the South Park
Property was originally conveyed to the City to be used as a public park, the City agrees to
complete the public notice process outlined in K.S.A. 12-1301, as amended, as a precondition of
the City's relinquishment of the City's Reversionary Interest pursuant to the terms of this
Agreement. The City agrees to initiate the statutorily required published notice promptly
following the execution of this Agreement. The response to the published notice process shall
determine the applicability of any one of the following scenarios:
A. If completion of the public notice process under K.S.A. 12-1301, as
amended, does not prompt the timely filing of a valid protest, the City agrees to relinquish
the City's Reversionary Interest pursuant to the terms of this Agreement ("Scenario A").
B. If completion of the public notice process under K.S.A. 12-1301, as
amended, prompts the timely filing of a valid protest, the City agrees to submit the
proposition for consideration during the next regular election that allows for timely
placement of the question submitted on the ballot.
1. If a majority of all votes cast on the proposition are in favor of the
proposition, the City agrees to relinquish the City's Reversionary Interest pursuant
to the terms of this Agreement ("Scenario B.1.").
2. If a majority of all the votes cast on the proposition are opposed to
the proposition, the City and the District acknowledge and agree that the City is
precluded from relinquishing the City's Reversionary Interest at this time and this
Agreement shall terminate and be of no further force or effect in relation to the
obligations of either the City or the District under the terms of this Agreement
("Scenario B.2.").
3. Relinquishment of City's Reversionary Interest. Subject to the precondition
described in Section 2 above and without affecting the City's easements of record and authorized
point of diversion under its vested right to beneficial use of water, the City agrees to relinquish the
City's Reversionary Interest pursuant to the terms of this Agreement by delivering to the District
a recordable instrument, pre -approved by the District, relinquishing the City's Reversionary
Interest in the South Park Property within ten (10) business days following either the culmination
of Scenario A or Scenario B.1 described in Section 2 above.
3
4. Lot Split. The District agrees to apply to the City to initiate the administrative
procedure necessary to complete a lot split of the South Park Property into South Park Property —
"Tract 1" and South Park Property — "Tract 2," as legally described and depicted on the Survey
attached as Exhibit C, promptly following the City's relinquishment of the City's Reversionary
Interest in the South Park Property.
5. Sale for Redevelopment of Mulberry Street Property and South Park PropertY—
Tract 2, combined. Following the City's relinquishment of the City's Reversionary Interest and
successful completion of the lot split described in Section 4 above, the respective governing bodies
of the District and the City shall identify a mutually agreeable process for the District's pursuit of
proposals for purchase of the vacant South Park Property — "Tract 2" and the Mulberry Street
Property, combined, (the "Combined Property"). The District agrees to utilize the agreed upon
process at such time it deems appropriate to pursue proposals for the purchase of the Combined
Property exclusively for the specific purpose of development of the Combined Property as market -
rate, multi -family housing complementary to the Downtown pursuant to a development agreement
between the District and the purchaser. Both the District's acceptance of any such proposal and
the proposed development agreement shall be subject to pre -approval by the City's governing
body, which approval will not be unreasonably withheld. The net proceeds from the sale of the
Combined Property shall be shared between the District and the City in proportion to the relative
square footage of the Mulberry Street Property (District's share) and the South Park Property —
"Tract 2" (City's share). If the City does not approve any such proposal: (a) the District may
independently and separately dispose of the Mulberry Street Property and the net proceeds from
any such sale of the Mulberry Street Property shall be payable in full to the District and (b) should
the District subsequently decide to dispose of the South Park Property — "Tract 2" it shall utilize
the mutually agreed upon process to pursue proposals for redevelopment purposes mutually agreed
upon by the parties for the purchase of Tract 2 and the net proceeds from any such sale of the South
Park Property — "Tract 2" shall be payable in full to the City.
6. Future Sale for Redevelopment of South Park Property — Tract 1. South Park
Property — "Tract 1" includes a building constructed by the District. The District may in the future
pursue proposals for purchase of the South Park Property — "Tract 1" for redevelopment for a
purpose or purposes agreed upon in advance by the District and the City to be implemented
pursuant to the terms of a development agreement between the District and the purchaser. Both
the District's acceptance of any such proposal and the proposed development agreement shall be
subject to pre -approval by the City's governing body, which approval will not be unreasonably
withheld. The net proceeds from the sale of South Park Property — "Tract 1" shall be shared
between the District and the City in proportion to the relative value of the existing building
(District's share) and the land (City's share) at the time of sale as determined by agreement of the
District and the City. If agreement regarding the relative value of the existing building and the
land at the time of sale cannot be reached between the by the District and the City, the District and
the City shall- identify a mutually agreed upon licensed appraiser to determine the relative value of
the existing building and the land at of the time of sale.
7. Term. The term of this Agreement shall commence upon execution of this Agreement
by both parties, and shall continue until the earlier of -
4
A. The sale for development of the Mulberry Street Property, City Park
Property — Tract 1, and City Park Property — Tract 2, in accordance with the terms of this
Agreement;
B. Termination of this Agreement pursuant to Section B.A.; or
C. Mutual written agreement between the City and the District.
8. Administration of Agreement. All references in this Agreement requiring the City's
participation or approval shall mean the participation or approval of the city manager or the city
manager's designee, unless otherwise provided herein. All references in this Agreement requiring
the District's participation or approval shall mean the participation or approval of the superintendent
or the superintendent's designee, unless otherwise provided herein.
9. Separate Public Entities. It is understood and agreed that the City and the District
are separate public entities, and that no relationship ofprincipal/agent or employer/employee exists
between the City and the District. Nothing within this Agreement is intended to and will not
constitute, create, give rise to, or otherwise recognize a joint venture, or formal business
association or organization of any kind between the City and the District.
10. Non -assignable. The Parties acknowledge that participation under this Agreement
is based upon the unique nature and role of each of the City and the District. Consequently, neither
this Agreement nor any interest in it shall be assigned or transferred by either the City or the
District.
11. Amendment. This Agreement may be amended from time to time upon the
approval of both the City and the District documented by a writing specifically stating the amended
terms and signed by authorized representatives of both the City and the District.
12. Default. If either the City or the District fails to comply with any term of this
Agreement within thirty (30) days after written notice to comply has been given by the non -
defaulting Party to the defaulting Party in a manner provided in Section 14 below, such failure
shall be deemed an immediate breach of this Agreement ("Event of Default").
13. Remedies. Upon the occurrence of an Event of Default, the non -defaulting party
shall have the following rights and remedies, in addition to any other rights and remedies provided
under this Agreement or by law:
A. Termination. The non -defaulting party shall have the right to terminate this
Agreement or terminate the defaulting party's rights under this Agreement.
B. Other Remedies. The non -defaulting party may pursue any available
remedy'at law or in equity (including specific performance) by suit, action, mandamus or
other proceeding to enforce and compel the performance of the duties and obligations set
forth in this Agreement, to enforce or preserve any other rights or interests of the non -
defaulting party under this Agreement or otherwise existing at law or in equity and to
recover any damages incurred by the non -defaulting party resulting from such Event of
Default.
14. Notices. All notices required or permitted to be given pursuant to this Agreement
shall be in writing and delivered personally or sent by registered or certified mail, return receipt
requested, or by generally recognized, prepaid, commercial courier or overnight air courier service.
Notices shall be addressed as appears below for each party:
City of Salina, Kansas: City Clerk
300 W. Ash St.
P.O. Box 736
Salina, KS 67402-0736
USD #305: Board Clerk
1511 Gypsum Ave.
P.O. Box 797
Salina, KS 67402-0797
15. Authority and Consent to Transaction. Each party represents to the other that the
person executing this Agreement has full and legal authority to bind such party to the terms of this
Agreement, and that the execution and delivery of this Agreement have been duly and validly
authorized by the governing body of each party.
16. Time is of the essence of this Agreement. The parties will make every reasonable
effort to expedite the subject matters hereof and acknowledge that the successful performance of
this Agreement requires their continued cooperation.
17. Persons Bound. This Agreement shall extend to and bind the successors of the City
and the District.
18. Waiver. No failure or delay by a party hereto to insist on the strict performance of
any term of this Agreement, or to exercise any right or remedy consequent to a breach thereof, shall
constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach
hereunder shall affect or alter the remaining terms of this Agreement, but each and every term of this
Agreement shall continue in full force and effect with respect to any other then existing or subsequent
breach thereof.
19. No Third -Party Beneficiaries. Solely the parties to this Agreement shall have rights
and may make claims under this Agreement. There are no intended third -party beneficiaries under
this Agreement, and no third parties shall have any rights or make any claims hereunder.
20. Merger Clause. These terms are intended by the parties as a complete, conclusive and
final expression of all the conditions of their Agreement. No other promises, statements, warranties,
agreements or understandings, oral or written, made before or at the signing thereof, shall be binding
unless in writing and signed by all parties and attached hereto.
21. Recorded Notice of Agreement. The parties agree to execute and deliver a
memorandum of this Agreement in proper form for recording in the real property records of Saline
County, Kansas, upon the request of a party.
IN WITNESS WHEREOF, each of the Parties, by its duly authorized representative, has
executed this Agreement on the date shown below the authorized representative's signature.
Attest:
fVk1t -
Nikki Goding, City Clerk
Attest:
�rahoward, Board Clerk
CITY OF SALINA, KANSAS
Bill LorZbine, yor
Date: V6rA� 1, 2024
SCHOOL. DISTRICT NO. 305
ice -President
2024
Exhibit A-1
496 SCHOOLS [Ch. 308
CHAPTER 307
JURISDICTION OF JUSTICES OF THE PEACE IN SCHOOL DISTRICT
CASES
House Bill No. 596
AN AcT repealing section 72-5319 of the General Statutes of 1935 relating to
jurisdiction of justices of the peace in school district cases.
Be it enacted by the Legislature of the State of Kansas:
SECTION 1. That section 72-5319 of the General Statutes of 1935,
relating to jurisdiction of justices of the peace in school district
cases, be and the same is hereby repealed.
SEC. 2. This act shall take effect and be in force from and after
its publication in the statute book.
Approved March 31, 1937.
CHAPTER 308
AUTHORIZING CERTAIN CITIES OF THE FIRST CLASS TO CONVEY
CERTAIN PROPERTY TO THE BOARD OF EDUCATION OF SUCH
CITY
Senate Bill No. 508
AN Acr authorizing certain cities of the first class to convey certain property
to the board of education of such city.
Be it enacted by the Legislature of the State of Kansas:
SECTION 1. This act shall apply to any city of the first class
having a population of not more than 21,000 and not legs than 19,000
,and located in a county having a population of not more than 30,000
and not less than 27,500.
SEC. 2. Any city of the class defined in section 1 of this act in
which is located any real estate which prior to the year 1871 was con-
veyed by the owner thereof to said city or to the town or city which
was the predecessor thereof, or to the trustees of any such town
while organized under the towns and villages act then in effect, and
prior, to its organization as a city under the laws of this state then
applicable, where the deed of conveyance of any such real estate
granted the same to such trustees, in trust for such town, to be
reserved, kept and maintained by said town -as a public park, is
hereby authorized to convey any such land to the board of educa-
tion or to the school district of such city, to be used for school pur-
poses only, and the governing body of such city is hereby declared
to be the legal successor to the trustees of any such town, and as
such shall have authority to authorize the execution of any such
deed as herein provided for by the mayor and city clerk of any
such city, for and on behalf of and as the act of such city: Provided,
however, That any land when so conveyed shall be used by the
board of education or school district of any such city for school
Exhibit A-2
Ch. 2501 SCHOOLS 501
SEC. 2. The provisions of article 1, chapter 10 of the General
Statutes of 1935, and acts amendatory and supplemental thereto
shall be followed in the issuance of bonds under this act. The
power and authority to issue bonds hereunder shall cease and de-
termine January 1, 1941.
SEC. 3. This act shall take effect and be in force from and after
its publication in the official state paper.
Approved April 3, 1939.
Published in official state paper April 8, 1939.
CHAPTER 250
AUTHORIZING CERTAIN CITIES OF THE FIRST CLASS TO CON-
VEY CERTAIN PROPERTY TO THE BOARD OF EDUCATION
senate Bill No. 241
AN Acr authorizing certain cities of the first class to convey certain property
to the board of education of such city, amending section 1 of chapter 308
of the Session Laws of 1937, and repealing said original section.
Be it enacted by the Legislature of the State of Kansas:
SECTION 1. Section 1 of chapter 308 of the Session Laws of 1937
is hereby amended to read as follows: Sec. 1. This act shall apply
to any city of the first class having a population of not more than
23,000 and not less than 19,000 and located in a county having a
population of not more than 33,000 and not less than 27,500, and
which city has adopted and is being operated under the commis-
sion -manager act.
SEC. 2. Section 1 of chapter 308 of the Session Laws of 1937 is.
hereby repealed.
SEC. 3. This act shall take effect and be in force from and after
its publication in the official state paper.
Approved March 25, 1939.
Published in official state paper March 27, 1939.
Exhibit B
Filed fOr record Feb. 13,'1946, 9:45 A. M,, Voluvie 1+47•.6f Deade,, Pa9e',�46.
Elsie L. Hepperlyi Register of Deeds,•
D E E D
. .,
WHEREAS, The City of Salina, in 3sline C.ounty, Kaneas is 0Ad
was at the time of the adoption by. the Legislature of .tlie State of,-
Kanaas.of a oertain Ant designated as Chapter 808 of the Laws
of Kansas 1987, a City of the First Class, in the State of Kansas,
having a population of not more than 21,000 anQ not lees than
1.9,000 and located in at County having a population of not more
than 30,000 and not lose -than 27,5003 and
1tiffimnS, thbre 18 located in the City of Salitra, Kansas, a
certain tpact of. real estate hereinafter described,. which prior
to the year 1871 was conveyed by the owner or owners thereof to
the Trustees of the Town of Saliba, Kansas, which was then a
town organised under the Towns and Villages Act then in effect, and
prior to its organization as a City under the Laws of the State of
Kausaa then applicable, end by which dead of conveyance said real
estate was granted to such Trustees, in trust for such town,
to be reserved, kept and maintained by said town as a public park;
and
WHEREAS, pursuant to. the provisions of said Chapter 308 of
the Laws of Kansas 1937 the governing body of the City of Salina,
Kansas has become the successor to the Trustees of the Town of
Salina, and the City of Salina has become and is authorised to
convoy paid tract of land to the Board of education of the City of-
Salina,Ksneas to be used for school purposes cnlyj and
RUSREAS, the Board of Commissioners of the City of Salina,Kaneas
the governing body of said city, did at a regular meeting of said
Board held on the 6th day of September, 1958 authorize the Mayor and
City Clerk of said City on behalf of and'an the act of said City, -
to execute and deliver to the Board of Education of the City of
Salina, Kansas, a general warranty deed conveying the tract of land
hereinafter desaribed to the Boatel of Education of the City, of
Salina, Kansas, subject to the terms and conditions' herai-nafter .
set forthp Now Therefore,
THIS INDEKTURE,. made this 8th day of September, A.D. 1988 between
The City of Salina, Kansas a municipal corporation,, duly organised, in-
oorporated and existing under the Laws.of the State -of Kansas. and
located in Saline County, Kansas, of the fist part, and The Board'of
Education of the City of Sa11na,Kaneas, a body corporate, of Saline
County, in the State of Kansas, of the. second part;
WITNESSETH, That the said party of the first parts in
of the sum of One Dollar, the receipt of which is hereby acknowledged,. and
of the use of said premises for the purposes hereinafter set forth, do eo.
by these presents grant, bargain, sell and convey unto sairl_party of the
second part, its sunceaeors and auaigns, all of the. following; described
real estate situate in the County of Saline, State of Kansas,: to -wit:
All of that certain tract of ground lmowu and deeiguated-as
South Park, and which is located.in the Original., Town. of r,•.v s.,e: c -Y
SL'lina According to" the recorded plat tifereofs $n. the. block
E' which ie. bounded Second.Street•'and Third'Street;acid,b 1
Walnut Street. end M1Qulbery Street, stud 35
somet
d wines,sl
:so. '.■ „. * `.;.'
known and designated as 'tCity Park"' be all of said block
above deaoribeds• ezoapt Lot. Ona (l��Two Z2) Three {3)�Four:'.(4)• ' •'.;', `._: :-`;:: i
and Five'(5). at iha north end thereof, fao
and Lote Six (8),iaven (7)ilUht(8),Nine' .
and. Tan (10)
the South and thereof .Pacing on liulberry Street,
TO HAVE AND TO >bID,THi$'SAEE, together with all:.and; eingular:the � f � •:; .� a
tenemonts, hexedi.tamente and-.sppurtenanoas thereunto belonging on ,ilei"j`'i
...
agr xiae apperie[uing.fcravarr. '7
.. _ >,C+.Y •'�:ii1 .,r r� ff ..J�' �y' .'Yfz'�4. _ .�, n�< .�T:F'..
'r.' _ - .{ ;ase +t..::•' -� sti
•h: :'�� .Y:.'Y .. J` nl~•t •'=i.'` :7�Y'6-" :'Y��r .t`,�,-:.w�i��S ':_ ,;-r }�:! y; lk. "<'
• .. !. ., .. _ _. . , ..:....r... „ .......,T.`''S• .. ... .v'.i .: s. t.ML4Uttst::�k. .�7. ek.4...'E..�•'
Vo-jum 147 of Deeds' 'Page .3±1'7. .
—z -
Subject however to the following terms and conditions, to—wit:
ttat.aaid land sbal,l be used by the grantee for school purposes only,
and upon failure of the grantee *to use the same for school purposes,
the title to such, land shall revert to the grantor.
IN WITNESS VPH8MF, the said party of the first part has caused
this deed to be'aignsd on its behalf by its Mayor, thereunto duly
authorised 90 to do, and to be atteated by its City Clerk, and has
caused the seal of said City to be hereto affixed, all,duly authorized
by the Board of Commissioners of said City am the governing body
iberec£, the day and year last above written.
STATE OF KANSAS
ss:
SALINE COUNTY i
THL CI '.Y OF SALINA, KANSAS
May L ---
BE IT MinwMD, That on this A day of September, 1958, before
me, the undersigned, a Notary Public in and for the Countj; and State
aforesaid came Ed Morgenstern, Mayer of the City of Salina, Kansas,
a municipal corporation duly organised, incorporated and existing under
and by virtue of the laws of Kansas, and Chao. E.Banker, City Clerk
of the City of Salina, Kansas, s municipal.corporation, who are
personally known to me to be such officers, and who are personally
known to me to he the persona who executed, as such officers, the
within instrument of writing, on behalf of such corporation, and such
persons duly acknowledged the execution of the salsa to be the act and
deed of said corporation.
,,;1\�Iflri+r IN TESTIMONY WEMMF, I have hereunto set my hand and affixed rely
seal the day and year last above writte
�. a;;VrA'..k, <��*.• ; ?+ Notary Pu lia 7
eXpireaj MY COMMIrSION IMPIR65 JUW ia,
U �
D
u Ka ch d
• 171
f'•
Certificate of Survey
219 South Third Street
South Park, Salina Original Town
SURVEYOR'S CER77RCA IE
1, John F. Harvey, do hereby certify that I am a registered land
surveyor in the State of Kansa% with experience and proficiency
An land surveying that the heretotore described property was
survejed by me, or under my supervision., and that all of the
monuments shown herein actually exist and their positions are
correctly shown to the best o1 my knowledge and belief.. This
Survey does not certify ownersho.
Dote of Survey. 2022-10-24
John F. Harwh P.L.S j1426
State of Kansas
County, of Saline
Reviewed in accordance with K.SA. 58-2005
on this day
of
Wayne ScritrhOeld Review Surveyor
1
�I
I
I
I
I
I
WoMut Street (80' R/W)
Exhibit C
J" Bar & Cn�p (CLS 52)
II I I I I
I
Lot 3 Loi 2 Lot 1 i
I
I
$" Bar(cLs J g" Bon & copl (as 156)
N89 -48-02-W (m) 249.96 (m), 250 (p)
Encroachment- House extends
south ovar property line 'O
City of Salina Easement 50.00(ROD Deed 193 Page: 270) 50.00
Well House F •�
City of Salina EI
asement g
(ROD Misc. 145 Page, 328) 5600
DESCRIPTION I
"
Tract
2 - Poh!
TRACT 1 I
I
I
A TRACT OF LAND 1N THE PARK PORTION OF SOUTH PARK A BLOCK
BOUNDED BY SECOND STREET, MULBERRY STREET, THIRD STREET, AND I
.^�..
o
Lot 10
WALNUT STREET, IN THE ORIGINAL TOWN OF SALINA. SALINE COUNTY,
Lot 8
Lot 7
h
Lot 6 N
Oct 1
KANSA$ AND MORE PARTICULARLY DESCRIBED AS FOLLOWS
3
�
COMMENCING AT THE SOUTHEAST CORNER OF LOT 6 OF SAID SOUTH PARK
3
]HENCE ON AN ASSUMED BEARING OF NORTH 00' 06' 37' EAST ON THE
^'
EAST LINE OF SAID SOUTH PARK, A DISTANCE OF 207.00 FEET 70 THE
o
`°
So
th Park
POINT OF BEGINNING, -4
h
Po
Salina
9riginal Town
]HENCE NORTH 00' 06' 37' EAST ON THE EAST LINE OF SAID SOUTH PARK
A DISTANCE OF 421.27 fFET TO 7HE SOUTHEAST CORNER OF LOT 1, OF
�y
SAID SOUTH PARK,•
$
n
IHENCE NORTH 89' 48' 02" WEST ON THE SOUTH LINE a' L07S 1 THROUGH
4 A DISTANCE OF 249.96 FEET TO THE SOU7HWE5T CORNER OF LOT $ OF
o
SAID SOUTH PARK,•
71t£NC£ SOUTH 00' 05' OB' WEST ON THE WEST LINE OF SAID SOUTH PARK,
A DISTANCE OF 42x62 Ff"-
7HENCE SOUTH 89' 39' 04' FAST, A DISTANCE OF 249.78 FEET TO THE
POINT OF BEGINNING.
DESCRIPTION WRITTEN BY JOHN F HARVEY PROFESSIONAL LAND SURVEYOR
NUMBER 1426, ON OCTOBER 21ST, 2012.
SAID TRACT CONTAINS 105,181 SOUARE FEET MORE OR LESS
7RACT 2
A BRACT OF LAND IN THE PARK PORTIOV OF SOUTH PARK A BLOCK
BOUNDED BY SECOND STREET, MULBERRY STREET, THIRD STREET, AND J
WALNUT STREET, IN THE ORIGNAL TOWN OF SALIVA, SALINE COUNTY, I 3
KANSAS AND MORE PAR71CULARLY DESCRIBED AS FOLLOWS
COMMENCING AT 7HE SOUTHEAST CORNER OF LOT 6 OF SAID SOUIH PARK;
THENCE ON AN ASSUMED BEARING OF NORTH 00' 06' 37" EAST ON THE
EAST LINE OF SAID LOT 6, A DISTANCE OF 125.65 FEET TO THE
NORTHEAST CORNER OF SAID LOT 6 AND 7HE POINT OF BEGINNNC; I g
THENCE NORTH 89' 40' 51' WEST ON INE SOUTH LINE OF THE PARK _I
P0R770N OF SAID SOUTH PARK, A DISTANCE OF 249.74 FEET TO THE
NORTHWEST CORNER OF LOT 10 OF SAID SOUTH PARK
]HENCE NORTH 00'05 1 08' EAST ON THE WEST LINE OF SAID SOUTH PARK,
A DISTANCE OF 81.48 FEET
THENCE SOUTH 89' 39' 04' EAST, A DISTANCE OF 249.78 FEET TO THE I
EAST LINE OF SAID SOUTH PARK. —I
7HENCE SOUTH OD' 06' 37' WEST, A DISTANCE OF 81.35 FEET TO THE
POINT OF BEGINNING
DESCRIPTION WRITTEN BY JOHN F. HARVEY PROFESSICNAL LAND SURVEYOR
NUMBER 1426, ON DECEMBER 22ND, 2022
SAID TRACT CONTAINS 2Q334 SQUARE FEET MORE OR LESS
I
i
I
Lo en Found Monument 8000 (mJ(p)
ASet 11" by 30' Bar & Cap LS 1425 1' Bar (Block Corner,
Measured
(p) Platted Salina Original Town
Property Line
_._...._.. Lot Line
-- Existing House
SCALE GENERAL N07E
1 "=60' All found mawment how on unknown origxi unless noted
30 Q 30 60
Tract 1 - Point of
S8939'04'E (m) 249.78 (m)
E.
NOUS 08"E (m)
81.48 (m) TroC t 2 SO -06'37-W (m)
81.35 (mJ
N89-40-51- W (m) 249.74 (m), 250 (p)
"
Tract
2 - Poh!
of BegMning
N
I
Lot 10
Lot 9
Lot 8
Lot 7
h
Lot 6 N
3
�
N8939'04'W (m) 249.69 (m)
Te" Bar (Southeast Comer of Lot 6)
Tract 1 - Point of Commencement
Tract 2 - Point of Commencement
Mulberry Street (80' R/W)
11
I PUBLIC WORKS - ENGINEERING - UTILI77ES I
219 South 7hbd Street