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Lot 4, Block 1 Misc. BOOk..1L}.,J : ,,-yL£¿ PERMANENT EASEMENT THIS INDENTURE, made this 17th day of June, 1988, by and between BLUE BEACON INTERNATIONAL, a Kansas corporation, (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 5 feet of the West 73 feet of the East 98 feet and the East 5 feet of the South 25 feet of Lot 1 plus the East 5 feet of Lots 2,3 and 4 all in Block 1 of Phillips East Salina Addition to the City of Salina, Saline County, Kansas, containing 1,240 square feet, more or less, 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 hereunto caused this easement to be signed on its behalf by its proper officers who are duly authorized so to do and have caused the common corporate seal to be hereunto affixed this 17th day of ,Tllnp , 1988. BLUE BEACON INTERNATIONAL By ~~.. ¿,5d~ Trace Walker i- -:> ' . i"<!5, STATE OF KANSAS, SALINE COUNTY, ss: The foregoing' ~is J:l:!. day of ~Of\~ , of Blu corporation, on behal I. Da;~"'R.-éro~'--'--\ NOTAHY l)UBLIC : ", MY ""f"tSt~;~~.,~',:" ~~aÎ 5-Q¡"\ was ackn~ledged ~fore me 1988, bY~'ÎL. U Q ~ Internationa , a ansas corporation. , C ) FIL~~ FI')H !tti..,()"- ""ATE OF !(AN!!A. . COUNTY OF 'AloiN' f.. J.{" IN MY CF~ICE AT JI'~ AND DULY 71- .t::.~CLOCK JUN 2 ~ 1988 ItE:CORDEP ~(ú) ",1,° .A""AOø,~,.f'.? ..~a.... ... .. ~. ~., ¡;I'" Dc ... .....,. 14~ ~J Owner: Reimold Inc. Box 1302 Salina, Kansas TRACT NO.4 " ---- Property, 0 = R/W Acquisition II = Permanent Easement 67402-1302 + IRON AVE. .r-- r Scale I" = 30 I lO r<> lO r<> t-= (/)1 35' -0 ex> ~ ....... I /35' I I I I I I PHILLIP'S: I I I I I I I I I I I I I EAST I I I I I I @) I I I I I I I I I I I I I I I I 2 I I I I SALINA: I I I I I 1 I I I I I I I I 1 I I I I I I I I I I I I I I I I 1 I I I /45' I I 20 Alley , 165' RIGHT-OF-WAY 3 , C) ~ T ADDI TION 0 :r: 0 A Tract of land located in the Northwest corner of Lot 1, Block 3, Phillips East Salina Addition to the City of Salina, Saline County, Kansas, more . particularly described as follows: Beginning at the Northwest corner of said Lot 1; thence East along the North line of said Lot 1, a distance of 15 Ft.; thence Southwesterly a distance of 14.14 Ft., more or less, to a point 5 Ft. East of and 10 Ft. South of the Northwest corner of said Lot 1; thence West parallel with the North line of Lot 1 a distance of 5 Ft. to a point on the West line of said Lot 1 and 10 Ft. South of the Northwest corner; thence North along the West line of said Lot 1, a distance of 10 Ft. back to the point of beginning. The above described Tract of land contains 100 Sq. Ft., more or less. PERMANENT E.;SEMENf The West 5 Ft. of the South 170 Ft. of Lot 1, Block 3, Phillips East Salina Addition to the City of Salina, Saline County, Kansas, containing 850 Sq. Ft., more or 1 ess . , . , 1 AGREEMENT This Agreement is made this 17th day of June, 1988, by and between Reimold Properties, Inc., a Kansas corporation, and Charter Investments, Inc. a Kansas corporation, 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 certain portion of land owned by the Grantor as public right-of-way for the purpose of constructing, installing, repairing, replacing, and maintaining a public street and public utilities, in perpetuity, hereinafter referred to as the "right-of-way." (2). The City, also 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 main- taining public utilities and public sidewalk, in perpetuity, hereinafter referred to as the "permanent easement." (3). The City has caused the right-of-way and 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. (4). It is the desire of the Grantor to convey the right-of-way and 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 interests to be conveyed by the Grantor to the City shall be public right-of-way and a permanent easement in, through, over, and across real estate owned by the Grantor, more particularly described as follows: 1. Right-of-Way: A tract of land located in the Northwest corner of Lot 1, Block 3, Phillips East Salina Addition to the City of Salina, Saline County, Kansas, more particularly described as follows: Beginning at the Northwest corner of said Lot 1; thence East along the North line of said Lot 1, a distance of 15 feet; thence Southwesterly a distance of 14.14 feet, more or less, to a point 5 feet East of and 10 feet South of the Northwest corner of said Lot 1, thence West parallel with the North line of Lot 1 a distance of 5 feet to a point on the West line of said Lot 1 and 10 feet South of the Northwest corner; thence North along the West line of said Lot 1, a distance of 10 feet back to the point of beginning, containing 100 square feet, more or less. 2. Permanent Easement: The West 5 feet of the South 170 feet of Lot 1, Block 3, Phillips East Salina Addition to the City of Salina, Saline County, Kansas, containing 850 square feet, more or less. . ,- , . (B). Compensation. The City agrees to pay the Grantor upon closing the total sum of Ninety-Four Hundred Twenty Dollars ($9,420) for the right-of-way and the permanent easement, consisting of the following: 1. Right-of-way of 100 square feet, currently zoned C-5 at $6.50 per square foot (improved) $ 650.00 2. Permanent easement limited to sidewalk and public utilities of 850 square feet, currently zoned C-5 at $6.50 per square foot (improved) $5,525.00 3. Damages a. General damages to remaining property resulting from limited permanent easement and right- of-way (loss of utility factor) $ 187.50 b. 950 sq. ft. of asphalt at $1.75 per sq. ft. c. Sign moving $1,662.50 $1,395.00 Total Damages Total Compensation $3,245.00 $9,420.00 (C). Right-of-Way Deed and Permanent Easement Docu- ment. The Grantor agrees that the right-of-way shall be CõñVeyed to the City by Grantor's execution and delivery to the City of a Right-of-Way Deed identical to the copy attached as Exhibit "A" to this Agreement and a Permanent Easement document identical to the copy attached as Exhibit "B" to this Agreement. The Right-of-Way Deed and 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: 1. Leasehold and Contract Buyer: Charter Investments, Inc. Affidavit of Equitable Interest filed in Book 138 of Misc., page 36. (E). Partial Mortgage or Other Lien Release. In those cases where the real estate 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 partial mortgage release or release of lien, releasing that portion of the real estate to which the right-of-way and permanent easement relate 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 ..l5.tb. day of JuJ,y , 1988. At closing the Grantor shall: 1. deliver to the City the fully executed and acknow- ledged Right-of-Way Deed and 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, #48-0690063 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: Reimo1d Property, Inc. By h/~ß17 (2~cR Charter Investments, Inc. BY~~ (~Æ p." ~S" City of Salina, Kansas By /~~A- ennis M. KisSl City Manager . i . . , RIGHT-OF-WAY DEED THIS INDENTURE, made this day of , 1988, by and between REIMOLD PROPERTIES, INC., a Kansas corporation, and CHARTER INVESTMENTS, INC., a Kansas corporation, (the "Grantor") and THE CITY OF SALINA, KANSAS, a municipal corporation (the "City"): WITNESSETH: That the Grantor, for good and valuable consideration, receipt of which is hereby acknowledged, does hereby grant, bargain, sell, and convey unto the City, that certain portion of land owned by the Grantor, more particularly described as follows: A tract of land located in the Northwest corner of Lot 1, Block 3, Phillips East Salina Addition to the City of Salina, Saline County, Kansas, more particularly described as follows: Beginning at the Northwest corner of said Lot 1¡ thence East along the North line of said Lot 1, a distance of 15 feet¡ thence Southwesterly a distance of 14.14 feet, more or less, to a point 5 feet East of and 10 feet South of the Northwest corner of said Lot 1, thence West parallel with the North line of Lot 1 a distance of 5 feet to a point on the West line of said Lot 1 and 10 feet South of the Northwest corner¡ thence North along the West line of said Lot 1, a distance of 10 feet back to the point of beginning, containing 100 square feet, more or less as public right-of-way for the purpose of constructing, installing, repairing, replacing, and maintaining a public street and public utilities, in perpetuity. IN WITNESS WHEREOF, the Grantor has hereunto caused this instrument to be executed the day and year first above written. REIMOLD PROPERTIES, INC. By CHARTER INVESTMENTS, INC. ,~~ By , , (., ~~ n ,.~ STATE OF KANSAS, SALINE COUNTY, ss: The foregoing instrument was acknowledged before me this day of ,1988, by , of Reimo1d Properties, Inc., a Kansas corporation, on behalf of the corporation. Notary Public STATE OF KANSAS, SALINE COUNTY, ss: The foregoing instrument was acknowledged before me this day of ,1988, by , of Charter Investments, Inc., a Kansas corporation, on behalf of the corporation. EXHIBIT /1 I' II tí' Notary Public . f . .' . PERMANENT EASEMENT THIS INDENTURE, made this day of , 1988, by and between REIMOLD PROPERTIES, INC., a Kansas corporation, and CHARTER INVESTMENTS, INC., a Kansas corporation, (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 West 5 feet of the South 170 feet of Lot 1, Block 3, Phillips East Salina Addi- tion to the City of Salina, Saline County, Kansas, containing 850 square feet, more or less, 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 hereunto caused this easement to be signed on its behalf by its proper officers who'are duly authorized so to do and have caused the common corporate seal to be hereunto affixed this day of ,1988. Reimold Properties, Inc. By Charter Investments, Inc. By ~~ ¿ L:¿~"; Pres. STATE OF KANSAS, SALINE COUNTY, ss: The foregoing instrument was acknowledged before me this day of ,1988, by , , of Reimold Properties, Inc., a Kansas corpora- tion, on behalf of the corporation. Notary Public STATE OF KANSAS, SALINE COUNTY, ss: The foregoing instrument was acknowledged before me this day of ,1988, by , of Charter Investments, Inc., a Kansas corporation, on behalf of the corporation. Notary Public EXHIBIT \\,8 "