Loading...
Lot 1, Block 1 (West) , Misc. BOOk.Lt/-ø2- FC_J':'~~ PERMANENT EASEMENT THIS INDENTURE, made this ß-.lð day of h'f~~ Je¡ tff" 1988, by and between ADOLPH SUE~and RUTH SU TER, husband and wife, (the "Grantors"), and the CITY OF SALINA, KANSAS, a municipal corporation (the "City"). WITNESSETH: The Grantors for a good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do 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 Grantors, more particularly described as follows: The North Five Feet (N 5') of the West Fifty Feet (W 50') of Lot One (1), Block One (1), Phillip's East Salina Addition to the City of Salina, Saline County, Kansas, for all rights of ingress and egress of the City, its servants, officers, employees, contractors, and franchisees, for the purposes of installing, repairing, replacing, and maintaining public utilities and public sidewalk, in perpetuity. IN WITNESS WHEREOF, Permanent Easement this the Grantors have signed this ../.¿, day of Jlhe¡ , 1988. rf A&i:'j£l¿ ~~ (jij A t Ju ~ il.Jl;t» Ru Suelter STATE OF KANSAS, SALINE COUNTY, ss: The foregoing instrument was acknowledged before me this -<le-t.Lday of 'Yv¡O..(..L , 1988, by Adolph Suelter and Ruth Suelter, husb~fe. .- JAMES SWEDLUND - NOTARY PUBLIC STATE OF KANSAS MY APPT. EXPIRES 3-:;;>(,- r;, ~~ ~~~ Nota Public ~~ . .- TRACT NO.1 T , h> = R/W Acquisition IRON J 1.0 rt) ~. 1.0 rt) + 50' . "--t 146 PHILLIP'S , - 35' N ...... .. ......... . . . . . . . . 0 10 -0 1.0 I t-= en ¡.. , ~--------~ 0') V) 146' 0 10 2 0 1.0 Scale 1"=4d 2 50' EAST 14~' - 196' 0 10 CD 3 0 1.0 SALINA Iq~' 0 10 4 0 1.0 0 - J: 0 ADDITION . I 196' ,. 21 Alley 196t - 35' ~ , . -i'- # 1 LEGAL DESCRIPTION - TRACT NO.1 The North 5 feet of the West 50 feet of Lot 1, Block 1, Phillip's East Salina Addition to the City of Salina, Saline County, Kansas, containing 250 square feet more or less. Owner: Adolph & Ruth Suelter 510 West Ash Salina, Kansas 67401-2112 , ! . .. AGREEMENT This Agreement is made this ~? day of 7I~í ;CJ"ft" 1988, by and between Adolph Suelter and Ruth S~~ husband and wife, hereinafter referred to as "Grantor," and the City of Salina, Kansas, a municipal corporation, hereinafter referred to as the "City." RECITALS (1). The City, in conjunction with the Iron and Ohio intersection 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 and public sidewalk, in perpetuity, hereinafter referred to as the "permanent easement." (2). The City has caused the permanent easement to be acquired to be appraised and has negotiated a purchase price with the Grantor, all in accordance with Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. (3). It is the desire of the Grantor to convey the permanent 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). Description. The interest to be conveyed by the Grantor to the City shall be a permanent easement in, through, over, and across real estate owned by the Grantor, more particularly described as follows: The North Five Feet (N 5') of the West Fifty Feet (W 50') of Lot One (1), Block One (1), Phillip's East Salina Addition to the City of Salina, Saline County, Kansas. (B). Compensation. The City agrees to pay the Grantor upon closing the total sum of Seventeen Hundred Fifty Dollars ($1,750) for the permanent easement, consisting of the following: 1. Permanent easement limited to sidewalk and public utilities of 250 square feet, currently zoned C-5 at $6.00 per square foot $1,500.00 2. General damages to remaining property resulting from limited permanent easement $ 250.00 Total Compensation $1,750.00 (C). Form of Permanent Easement. 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 of such document attached as Exhibit "A" 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 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). Partial Mortgage or Other Lien Release. In those cases where the real estate to which the permanent easement relates is subject to mortgage or other liens or encum- brances, the Grantor 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 permanent easement relates from any mortgage or other lien or 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 City's expense. ~~ Closin.~~lOSing shall take place on or before the ~ day of ,1988. At closing the Grantor shall: I 1. deliver to the City the fully executed and acknow- ledged Permanent Easement document, 2. deliver to the City any necessary partial mortgage release or other lien release documentation, and 3. provide the City with any other necessary informa- tion such as Gra~tor's current mailing address and social securi~y number or tax identification number, .,Çó y--- /6 - ~1J.fJ 1- at which time the City shall pay Grantor the total compensa- tion set forth in paragraph (B) above. (G). Nonassignable. Grantor's rights under this Agreement shall not be assigned without the prior written consent of the City. (H). Binding 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. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. Grantor &~_J~~ A olph, uel1:er Ci -rJU ~J¡¿V R 1f- Suel ter City of Salina, Kansas By , ., ",' ',",..:,:':- ':"':':/,",:' . PERMANENT EASEMENT THIS INDENTURE, made this day of 1988, by and between ADOLPH SUELTER and RUTH SUELTER, husband and wife, (the "Grantors"), and the CITY OF SALINA, KANSAS, a municipal corporation (the "City"). WITNESSETH: The Grantors for a good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do 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 Grantors, more particularly described as follows: The North Five Feet (N 5') of the West Fifty Feet (W 50') of Lot One (1), Block One (1), Phillip's East Salina Addition to the City of Salina, Saline County, Kansas, for all rights of ingress and egress of the City, its servants, officers, employees, contractors, ' and franchisees, for the purposes of installing, repairing, replacing, and maintaining public utilities and public sidewalk, in perpetuity. IN WITNESS WHEREOF, the Grantors have signed this Permanent Easement this day of ,1988. Adolph Suelter Ruth Suelter STATE OF KANSAS, SALINE COUNTY, ss: The foregoing instrument was acknowledged before me this day of ,1988, by Adolph Suelter and Ruth Suelter, husband and wife. Notary Public EXHIBIT \\ ¡Q "