Lot 1 - 5, Block 9
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PERMANENT EASEMENT
THIS IHDBHTURB, made this 3bi*- day of ~~~ , 1991, by
and between MARSHALL KOTOR COMPANY, INC. (the~), and the
CITY OP SALIn, ItAKSAS, a municipal corporation (the "city").
WITNESSETH: The Grantor for a good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, does hereby grant, bargain, sell, and convey unto the
City, a permanent easement in, through, over, and across a certain
portion of land owned by the Grantor, more particularly described
as follows:
A parcel in a tract of land designated as Lots One (1)
through Four (4) and the West 32.50 feet of Lot Five (5),
all in Block Nine (9), Replat of Lots One (1) to Fifteen
(15) inclusive, Garden Home Addition to the ci ty of
Salina, Saline County, Kansas, described as follows:
Beginning at the Southwest corner of said Lot One (1);
thence North along the West line of said Lot One (1) a
distance of 8.00 feet; thence Southeasterly a distance of
11.18 feet more or less to a point 10.00 feet east and
3.00 feet north of said Southeast corner; thence East and
parallel to the south line of said Lots (1), Two (2),
Three (3), Four (4) and Five (5) a distance of 291.00
feet more or less to a point 32.50 feet east and 3.00
feet north of the Southwest corner of said Lot Five (5);
thence South 3.00 feet to the South line of said Lot Five
(5); thence West along the South line of said Lots Five
(5), Four (4), Three (3), Two (2) and One (1) a distance
of 301.00 feet more or less to the point of beginning.
The above described parcel of land contains 1816.00
square feet more or less.
for all rights of ingress and egress of the City, its servants,
officers, employees, contractors, and franchisees, for the purpose
of installing, repairing, replacing, and maintaining public
utilities, public sidewalk, and street signage, in perpetuity.
IN WITNESS WHEREOF, the Grantor has signed this Permanent
Easement this C50tiL day of ~~:?- ' 1991.
MARSHALL ZOMPANY. IN;.
By: /: /t-/L p'
Larry Marshall, President
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this3o-bt.. day of ~'t , 1991,
before me, the undersigned, a notary public in an fðr the county
and state aforesaid, came ~ Ì'Y)~fL.LJ..
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Misc. Bk IJJ ( P, ~
p~,~^ of Karshall Kotor company, Inc. who
is personally known to me to be the same person who executed the
above and foregoing instrument of writing on behalf of the
corporation and duly acknowledged the execution of the same.
IN WITNESS WHEREOP, I have hereunto subscribed my name and
affixed my official seal the day and year last above written.
-', 0 0 .~,.
0 A ~ JAMES SWEDlUND Jo;
~ NOTARY PUB LIe. 0
MY STATE OF KANSAS 0
APPT: W<PIRes ....-..2,-
(~r-.U,u~~ J) --
. Notary Public
( I
STATE OF KANSAS IV
COUNTY OF SAUNE } sa. )
FILED FOR RECORD IN MY OFFICE
ON OCT 2 3 1991 AT
1:'t6î>'CLOcK£M. A
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~lYRECORD~1 02
T PAGE.X-4!" . 1 i.J
RfG OF OfF"
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AGREEMENT
This Agreement is made this ~6t:-l.... day of ~~,
1991, by and between MARSHALL KOTOR COKPANY, IN~er
referred to as the "Grantor," and the CITY OP SALINA, ItAKSAS, a
municipal corporation, hereinafter referred to as the "city."
RECITALS
1. The City, in conjunction with the Crawford street
improvement project, wishes to acquire from the Grantor a
permanent easement in, through, over, and across a certain
portion of land owned by the Grantor for the purpose of
installing, repairing, replacing, and maintaining public
utilities, public sidewalk, and street signage, in perpetuity,
hereinafter referred to as the "permanent easement".
2. The city, also in conjunction with the Crawford street
improvement project, wishes to acquire from the Grantor a
temporary easement in, through, over and across a certain portion
of land owned by the Grantor for the purpose of matching grade
between project improvements and concrete improvements such as
driveways and sidewalks.
3. The City has caused the permanent and temporary
easements to be acquired to be appraised and has negotiated a
purchase price with the Grantor all in the manner prescribed in
Title III of the Uniform Relocation Assistance and Real Property
Acquisition Act of 1970.
5. It is the desire of the Grantor to convey the permanent
and temporary easements 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:
A. Description. The interest to be conveyed by the Grantor
to the City shall be public permanent and temporary easements in,
through, over, and across real estate owned by the Grantor more
particularly described as follows:
1.
Permanent Easement:
A parcel in a tract of land designated as Lots One (1)
through Four (4) and the West 32.50 feet of Lot Five
(5), all in Block Nine (9), Replat of Lots One (1) to
Fifteen (15) inclusive, Garden Home Addition to the
City of salina, Saline County, Kansas, described as
follows:
Beginning at the Southwest corner of said Lot One (1);
thence North along the West line of said Lot One (1) a
distance of 8.00 feet; thence Southeasterly a distance
of 11.18 feet more or less to a point 10.00 feet east
and 3.00 feet north of said Southeast corner; thence
East and parallel to the south line of said Lots (1),
Two (2), Three (3), Four (4) and Five (5) a distance of
291.00 feet more or less to a point 32.50 feet east and
3.00 feet north of the Southwest corner of said Lot
Five (5); thence South 3.00 feet to the South line of
said Lot Five (5); thence West along the South line of
said Lots Five (5), Four (4), Three (3), Two (2) and
One (1) a distance of 301.00 feet more or less to the
point of beginning.
The above described parcel of land contains 1816.00
square feet more or less.
2.
Temoorary Easement:
The East 40.00 feet of the West 131.35 feet of the
North 7.00 feet of the South 10.00 feet, and the West
35 feet of the East 99.65 feet of the North 7.00 feet
of the South 10.00 feet, all in Lots One (1) through
Four (4) and the West 32.50 feet of Lot Five (5), Block
Nine (9), Replat of Lots One (1) to Fifteen (15)
inclusive, Garden Home Addition to the City of Salina,
Saline County, Kansas.
The above described parcel of land contains 525.00
square feet more or less.
B. Comoensation. The City agrees to pay the Grantor upon
closing the total sum of Fifteen Thousand Eight Hundred Eighty-
seven and 86/100 Dollars ($15,887.86) for the permanent and
temporary easements, consisting of the following:
1.
Permanent Easement
(1816.00 sq. ft. at
$5.00 per sq. ft.)
$9,080.00
2.
Temporary Easement
(525.00 sq. ft. at
$1.25 per sq. ft.)
656.25
3.
Damages to remaining property
(Reduced utility $1,800;
moving 1 double post sign
$4,351. 61)
6.151. 61
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Total compensation
$15,887.86
C. Permanent and Temoorarv Easement Documents. The Grantor
agrees that the permanent easement shall be conveyed to the City
by Grantor's execution and delivery to the City of a Permanent
Easement document identical to the copy attached as Exhibit "A"
to this Agreement and a Temporary Easement document identical to
the copy attached as Exhibit "B" to this Agreement. The
permanent and temporary easements shall be recorded by the City
with the office of the Saline County Register of Deeds, at the
City's expense.
D. Covenant of Title. Grantor covenants that Grantor is
the lawful owner of the real estate described in paragraph (A)
above and that the real estate is not subject to any contract for
sale or other liens and encumbrances except: None.
E. Consent to Easement. In those cases where the permanent
and temporary easements described in paragraph (A) is subject to
mortgage or other liens or encumbrances, the Grantor shall at
closing deliver to the City a duly executed and acknowledged
consent to the easement executed and acknowledged by a duly
authorized representative of the lienholder. Any consent to
easement shall be recorded by the City with the office of the
Saline County Register of Deeds, at the City's expense.
F. \ ~in~ Closing shall take p~ace on or before
l J{, ) ~Qo I (t(Ct/ . At clos~ng the Grantor shall:
1. deliver to the City the fully executed and
acknowledged permanent and temporary easement
documents,
2. deliver to the City any necessary consent to
easement documentation,
3. provide the City with any other necessary
information such as Grantor's current mailing address
and tax identification number,
at which time the City shall pay Grantor the total compensation
set forth in paragraph (B) above.
G. Nonassiqnable. Grantor's rights under this Agreement
shall not be assigned without the prior written consent of the
City.
H. Bindinq Effect. The terms of this Agreement shall be
binding upon and inure to the benefit of the heirs, executors,
administrators, and assigns of the parties hereto.
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IN WITNESS WHEREOP, the parties have hereunto set their
hands the day and year first above written.
KARSHALL KOTOR COMPANY, INC.
.~ .1' '~./~//
By 1: .';£----éÞ
Tax I No. ¿)g-o-5I#391
CITY OF SALINA, KANSAS
By £~~ ~-'"
Dennis M. Kissiñ e ,
City Manager
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PERMANENT EASEMENT
THIS INDENTURB, made this day of , 1991, by
and between MARSHALL MOTOR COMPANY, INC. (the "Grantor"), and the
CITY OP SALINA, ItAKSAS, a municipal corporation (the "city").
WITNESSETH: The Grantor for a good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, does hereby grant, bargain, sell, and convey unto the
City, a permanent easement in, through, over, and across a certain
portion of land owned by the Grantor, more particularly described
as follows:
A parcel in a tract of land designated as Lots One (1)
through Four (4) and the West 32.50 feet of Lot Five (5),
all in Block Nine (9), Replat of Lots One (1) to Fifteen
(15) inclusive, Garden Home Addition to the city of
Salina, Saline County, Kansas, described as follows:
Beginning at the Southwest corner of said Lot One (1);
thence North along the West line of said Lot One (1) a
distance of 8.00 feet; thence Southeasterly a distance of
11. 18 feet more or less to a point 10.00 feet east and
3.00 feet north of said Southeast corner; thence East and
parallel to the south line of said Lots (1), Two (2),
Three (3), Four (4) and Five (5) a distance of 291.00
feet more or less to a point 32.50 feet east and 3.00
feet north of the Southwest corner of said Lot Five (5);
thence South 3.00 feet to the South line of said Lot Five
(5); thence West along the South line of said Lots Five
(5), Four (4), Three (3), Two (2) and One (1) a distance
of 301.00 feet more or less to the point of beginning.
The above described parcel of land contains 1816.00
square feet more or less.
for all rights of ingress and egress of the City, its servants,
officers, employees, contractors, and franchisees, for the purpose
of installing, repairing, replacing, and maintaining public
utilities, public sidewalk, and street signage, in perpetuity.
IN WITNESS WHEREOF, the Grantor has signed this Permanent
Easement this day of , 1991.
MARSHALL MOTOR COMPANY, INC.
By:
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this day of , 1991,
before me, the undersigned, a notary public in and for the county
and state aforesaid, came ,
Exhibit A
of Karshall Kotor Company, Inc. who
is personally known to me to be the same person who executed the
above and foregoing instrument of writing on behalf of the
corporation and duly acknowledged the execution of the same.
IN WITNESS WHEREOP, I have hereunto subscribed my name and
affixed my official seal the day and year last above written.
Notary Public
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TEMPORARY EASEMENT
THIS INDENTURB, made this day of , 1991
by and between MARSHALL KOTOR COMPANY, INC., a Kansas corporation
(the "Grantor"), and the CITY OP SALINA, ItAKSAS, a municipal
corporation (the "City").
WITNESSETH: The Grantor for good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, does hereby grant, bargain, sell, and convey unto
the City, a temporary easement in, through, over, and across a
certain portion of land owned by the Grantor, more particularly
described as follows:
The East 40.00 feet of the West 131.35 feet of the
North 7.00 feet of the South 10.00 feet, and the West
35 feet of the East 99.65 feet of the North 7.00 feet
of the South 10.00 feet, all in Lots One (1) through
Four (4) and the West 32.50 feet of Lot Five (5), Block
Nine (9), Replat of Lots One (1) to Fifteen (15)
inclusive, Garden Home Addition to the City of Salina,
Saline County, Kansas.
The above described parcel of land contains 525.00
square feet more or less.
for all rights of ingress and egress of the City, its servants,
officers, employees, contractors, and franchisees, for the
purpose of matching grade between project improvements and
concrete improvements such as driveways and sidewalks, for a term
of two years commencing with the date of this indenture.
IN WITNESS WHEREOP, the Grantor has signed this Temporary
Easement this day of , 1991.
MARSHALL MOTOR COMPANY, INC.
By
STATE OF KANSAS,
COUNTY, ss:
BE IT REMEMBERED, that on this day of , 1991,
before me, the undersigned, a notary public in and for the county
and state aforesaid, came ,
of KarshallMotor Company, Inc. who is
personally known to me to be the same person who executed the
above and foregoing instrument of writing and duly acknowledged
the execution of the same on behalf of the corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed my official seal the day and year last above written.
Notary Public
Exhibit B