Lot 7 - 9, Block 9
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THIS IBDBN'l'URB, made this ~~ day of ~r , 1991, by
and between TRUCK PLAZA, INC., a Kansas cor~and record
title holder, and HARVIN KEATING and KICBABL B. COOPER, purchasers
under contract, herein referred to collectively as the ("Grantor"),
and the CITY OJ' SALIn, KUSAS, a municipal corporation (the
"City").
WITI1BSSETH: 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 known as the East 51.00 feet
of Lot Seven (7) and all of Lots Eight (8) and Nine (9),
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 Southeast corner of said Lot Nine (9),
thence north along the East line of said Lot Nine (9) a
distance of 6.00 feet; thence southwesterly a distance of
10.44 feet to a point 10.00.feet west and 3.00 feet north
of said southeast corner; thence west and parallel to the
South line of said Lots Nine (9), Eight (8) and Seven (7)
a distance of 179.83 feet more or less to a point 3.00
feet north and 51.00 feet west of the Southeast Corner of
said Lot Seven (7); thence south 3.00 feet to the South
line of said Lot Seven (7); thence east along the South
line of said Lots Seven (7), Eight (8) and Nine (9) a
distance of 189.83 feet more or less to the place of
beginning.
The above described parcel of land contains 584.79 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.
TRUCK P
STAtEOFKANSA9 } _L{( ))
COUNTY OF SALINE ~
BLED FOR RECORD IN MY. OFFICE
ON. OCt 2 3 1991 AT
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By:
ULY RECOR~E~I' -Q7
. T PAG ~ I
fG OF DEff'l
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AGREEKEHT
This Agreement is made this S~ day of ChJ..J~ ,
1991, by and between TRUCK PLAZA, INC.~ a Kansas-ëdrporation, and
record title holder ("Truck Plaza"), and HARVIN KEATING and
MICHAEL B. COOPER, purchasers under contract ("Keating and
Cooper"), hereinafter referred to collectively as the "Grantor,"
and the CITY OJ' SALIn, KUSAS, 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.
4. It is the desire of the Grantor to convey the permanent
and temporary 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:
A. DescriDtion. The interest to be conveyed by the Grantor
to the City shall be public permanent and temporary easement 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 known as the East 51.00
feet of Lot Seven (7) and all of Lots Eight (8) and
Nine (9), 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 Southeast corner of said Lot Nine (9),
thence north along the East line of said Lot Nine (9) a
distance of 6.00 feet; thence southwesterly a distance
of 10.44 feet to a point 10.00 feet west and 3.00 feet
north of said southeast corner; thence west and
parallel to the South line of said Lots Nine (9), Eight
(8) and Seven (7) a distance of 179.83 feet more or
less to a point 3.00 feet north and 51.00 feet west of
the Southeast Corner of said Lot Seven (7); thence
south 3.00 feet to the South line of said Lot Seven
(7); thence east along the South line of said Lots
Seven (7), Eight (8) and Nine (9) a distance of 189.83
feet more or less to the place of beginning.
The above described parcel of land contains 584.79
square feet more or less.
~.
TemDorarv Easement:
The West 24.00 feet of the North 7.00 feet of the South
10.00 feet and the West 50.00 feet of the East 115.98
feet of the North 7.00 feet of the South 10.00 feet,
all located in the East 51.00 feet of Lot Seven (7) and
all of Lots Eight (8) and Nine (9), 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 408.00
square feet more or less.
B. ComDensation. The City agrees to pay the Grantor upon
closing the total sum of Three Thousand Two Hundred Forty-seven
and 16/100 Dollars ($3,247.16) for the permanent and temporary
easement, consisting of the following:
1.
Permanent Easement
(584.79 sq. ft. at
$4.00 per sq. ft.)
$2,339.16
2.
Temporary Easement
(408.00 sq. ft. at
$1.00 per sq. ft.)
408.00
3.
Damages to remaining property
(Reduced utility)
500.00
-2-
Total Compensation
$3,247.16
C. Permanent and TemDorarv 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. Truck Plaza covenants that it is the
record title holder 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 a contract for
purchase with Keating and Cooper.
E. Consent to Easement. In those cases where the permanent
and temporary easements described in paragraph (A) are 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.
~=. Closing shall take place on or before
~~ ~/fqq: . At closing 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 social security numbers or tax identification
number,
at which time the City shall pay Grantor the total compensation
set forth in paragraph (B) above. Allocation of the compensation
between the Grantors shall be determined by the Grantors.
G. Nonassiqnable. Grantor's rights under this Agreement
shall not be assigned without the prior written consent of the
City.
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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.
1M WITNBSS WHERBOP, the parties have hereunto set their
hands the day and year first above written.
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TRUCK PLAZA, INC.
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Tax ID No. vi - 0 ~ f "?¿.:J.1
CITY OF SALINA, KANSAS
By
-4-
PERMANENT BASEKENT
THIS IBDEHTURB, made this day of , 1991, by
and between TRUCK PLAZA, INC., a Kansas corporation, and record
title holder, and HARVIN KEATING and MICHAEL B. COOPER, purchasers
under contract, herein referred to collectively as the ("Grantor"),
and the CITY OJ' SALIn, KANSAS, 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 known as the East 51.00 feet
of Lot Seven (7) and all of Lots Eight (8) and Nine (9),
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 Southeast corner of said Lot Nine (9),
thence north along the East line of said Lot Nine (9) a
distance of 6.00 feet; thence southwesterly a distance of
10.44 feet to a point 10.00 feet west and 3.00 feet north
of said southeast corner; thence west and parallel to the
South line of said Lots Nine (9), Eight (8) and Seven (7)
a distance of 179.83 feet more or less to a point 3.00
feet north and 51.00 feet west of the Southeast Corner of
said Lot Seven (7); thence south 3.00 feet to the South
line of said Lot Seven (7); thence east along the South
line of said Lots Seven (7), Eight (8) and Nine (9) a
distance of 189.83 feet more or less to the place of
beginning.
The above described parcel of land contains 584.79 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 WHEREOJ', the Grantor has signed this Permanent
Easement this day of , 1991.
TRUCK PLAZA, INC.
By:
Marvin Keating
Exhibit A
Michael B. Cooper
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 ,
of Truck Plaza, 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.
1M WITNESS WHERBOP, I have hereunto subscribed my name and
affixed my official seal the day and year last above written.
Notary Public
STATE OF KANSAS, SALINE COUNTY, ss:
BB IT REKEKBERED, that on this day of , 1991,
before me, the undersigned, a notary public in and for the county
and state aforesaid, came Harvin Keating 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.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed my official seal the day and year last above written.
Notary Public
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 Michael B. Cooper 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.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed my official seal the day and year last above written.
Notary Public
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TEKPORARY BASEKENT
THIS IBDEHTURB, made this day of , 1991
by and between TRUCK PLAZA, INC:;-ã Kansas corporation, and
record title holder and HARVIN KBATING and MICHAEL B. COOPER,
purchasers under contract, herein referred to collectively as the
("Grantor"), and the CITY OJ' SALINA, KANSAS, 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 West 24.00 feet of the North 7.00 feet of the South
10.00 feet and the West 50.00 feet of the East 115.98
feet of the North 7.00 feet of the South 10.00 feet,
all located in the East 51.00 feet of Lot Seven (7) and
all of Lots Eight (8) and Nine (9), 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 408.00
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.
1M WITNESS WHEREOJ', the Grantor have signed this Temporary
Easement this day of , 1991.
TRUCK PLAZA, INC.
By:
Marvin Keating
Michael B. Cooper
Exhibit B
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
of Truck Plaza, 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 WHBRBOJ', I have hereunto subscribed my name and
affixed my official seal the day and year last above written.
Notary Public
STATE OF KANSAS, SALINE COUNTY, ss:
BB IT REKEKBERED, that on this day of , 1991,
before me, the undersigned, a notary public in and for the county
and state aforesaid, came Marvin Keating who is personally known
to me to be the same person who executed the above and fqregoing
instrument of writing and duly acknowledged the execution of the
same.
IN WITNESS WHEREOJ', I have hereunto subscribed my name and
affixed my official seal the day and year last above written.
Notary Public
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 Michael B. Cooper 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.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed my official seal the day and year last above written.
Notary Public
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