Lot 1, Block 1 (East)
Misc. Book .Li-~ f" " . - - ~:¡{~-"
PERMANENT EASEMENT
THIS INDENTURE, made this 14th day of June , 1988, by
and between HELEN M. NORTON, a widow, (the "Grantor"), and
the CITY OF SALINA, 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:
The North Five Feet (N 5') of the East
Forty-Eight Feet (E 48') of the West Ninety
Eight Feet (W 98') 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 Grantor has signed this
Permanent Easement this 14th day of June, 1988.
U JI k~/ -- )YL,. -)1.tl~ ~L--'
Helen M. Norton
STATE OF KANSAS, SALINE COUNTY, ss:
The~oregoing instrument was acknowledged before me
this ~ day of f\ u~ ,1988, by Helen M. Norton, a
widow. '-f
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AGREEMENT
This Agreement is made this 1 LIth day of .J11ne '
1988, by and between Helen M. Norton, a widow, 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 East
Forty-Eight Feet (E 48') of the West Ninety
Eight Feet (W 98') of Lot One (1), Block One
(1), Phillip's East Salina Addition to the
City of Salina, Saline County, Kansas, con-
taining 240 square feet, more or less.
(B). Compensation. The City agrees to pay the Grantor
upon closing the total sum of Twenty-four Hundred
Eighty-Five Dollars ($2,485) for the permanent easement,
consisting of the following:
1.
Permanent easement
limited to sidewalk
and public utilities
of 240 square feet,
currently zoned C-5
at $6.00 per square
foot
$1,440.00
2.
Damages to remaining
property
a.
General damages
to remaining
property resulting
from limited per-
manent easement
$1,000.00
b.
30 square feet of
existing concrete
sidewalk
$
45.00
.r
...
...
Total Damages to Remaining
Property
Total Compensation
$1,045.00
$2,485.00
(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.
(F). Closing. Closing shall take place on or before
the 14th day of June, 1988. At closing the Grantor
shalr:-
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 Grantor's current mailing address and
social security number or tax identification
number, 512-36-4435
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
1-(1 .t SLut ):11- . )1.P'L.:t ~ a-
Helen M. Norton
City of Salina, Kansas
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By .~~/l1.~'
]jennJ.s M. Kissirrg r Ý '-
City Manager
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PERMANENT EASEMENT
"';::':: INDENTURE, made this 14th day of June, 1988, by
and between HELEN M. NORTON, a widow, (the "Grantor"), and
the CITY OF SALINA, 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:
The North Five Feet (N 5') of the East
Forty-Eight Feet (E 48') of the West Ninety
Eight Feet (W 98') 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 Grantor has signed this
Permanent Easement this 14th day of June , 1988.
~ .1.l/ ¥\.<.., : n :b ~
Helen M. Norton
STATE OF KANSAS, SALINE COUNTY, ss:
The~foregoing instrument was acknowledged before me
this ~ day of 4t1/YU , 1988, by Helen M. Norton, a
widow.
~ ~orARY PUBLIC. Stall øtKa118
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Nota Pub ic
EXHIBIT
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SALINA
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98' ADDITION
98'
21' Alley
196
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TR,ll.CT NO.2
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LEGAL DESCRIPTION - TRACT NO.2
The North 5 feet of the East 48 feet of the West 98 feet of Lot 1,
Block 1, Phillip's East Salina Addition to the City of Salina,
Saline County~ Kansas, containing 240 square feet more or less.
Owner:
Helen M. Norton
c/o Frank C. Norton
P.O. Box 2388
Salina~ Kansas 67402-2388