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Lot 10 & 12, Block 3 Misc. BoCk.J.tf~ F.1]e~~ '7.;2J . - PERMANENT EASEMENT THIS INDENTURE, made this 8th day of June, 1988, by and between Dale M. Drown, a single person (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 Five Feet (W 5') of Lot Ten (10), and the West Five Feet (W 5') of the North Twenty-Five Feet (N 25') of Lot Twelve (12), all in Block Three (3), Phillip's East Salina Addition to the City of Salina, Saline County, Kansas, containing 375 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 signed this Permanent Easement this 8th day of June, 1988. LS~ $; r£~~ Dale M. Drown STATE OF KANSAS, SALINE COUNTY, ss: The foregoing instrument was acknowledged before me this 8th day of June, 1988, by Dale M. Drown, a single person. . JAMES SWEDLUND b NOTARY PUBLIC B ==:: STATE OF KANSAS í MY ~~~~. EXP'~~;1.:.~ (.--iL.J ~~ L~¡~ Notary. ublic ~. ~.T8 e.. ((AN"I¡ ~ M OILED FOR RECOR.... cou . n, NTV OF 'A,-INf, \ IN MY OFFICE AT Lf-:.'I.:f. O'CLOCK I' !' i ? ...-, Ic {) ß AND DULY '11. .. -' I J " ~ é.i .J (j rro,_m. . RECORDED /y~_..L4.2-... IJ~T ~ . AT ÞAGE .~.'?,~ J , /7~~ #.r ?a~ 5~ ~~ Mtge. BOo~~Page ß / PARTIAL REAL ESTATE MORTGAGE RELEASE The undersigned Mortgagee, pursuant to K.S.A. 58-2306, acknowledges partial satisfaction of the debt secured by the following described and recorded real estate mortgage (the "Mortgage") and the same is hereby released in part as follows: 1. The name of the Mortgagor is DALE M. DROWN, a single person. 2. The name of the Mortgagee is SECURITY SAVINGS AND LOAN ASSOCIATION of Salina, Kansas. 3. The volume and page the Mortgage is recorded in is: Book 364 of Mortgages, pages 589-593 of the records of the Register of Deeds for Saline County, Kansas. 4. The Mortgage dated June 8, 1984, was recorded June 11, 1984. 5. The legal description of that part of the property subject to the Mortgage released by this partial release is: The West Five Feet (W 5') of Lot Ten (10), and the West Five Feet (W 5') of the North Twenty-Five Feet (N 25') of Lot Twelve (12), all in Block Three (3), Phillip's East Salina Addition to the City of Salina, Saline County, Kansas, containing 375 square feet, more or less, 6. This partial release shall not effect the lien of the Mortgage as it applies to the remaining property described in the Mortgage. Dated this 22nd day of June , 1988. SE & LOAN ASSOCIATION By Michael G. Flory STATE OF KANSAS, COUNTY OF SALINE, ss: BE IT REMEMBERED, that on this 22nd day of June, 1988, before me, the undersigned, a notary public in and for the county and state aforesaid, came Michael G, Flory , Vice Pres ident of Security Savings and Loan Association, who is personally known to me to be the same person who executed the foregoing Partial Real Estate Mortgage Release as Vice President of said corporation, and said person duly acknowledged the execution of the same as the act of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. .~.' ;l; Xf(:;;:\ '.' 0,.' , '. ',:') ~ . "I My Cl\mmtssion ,0, . ,. " ': // /'!),r, ,\ "11,, "~{'i' ~'/"/I'/ \./;l//(I Notàry Public' Ellen Marie Turner expires: January 28, 1989 ':: , " ".TI! Olf ((AN"," ~) , COUNTY OF 'A!,INll f ',<--A/: "'l!:!;) F(l1( ~ECOR~ // ' /L ~ 'IN ,v,Y OFFICE AT 7' r::L:;:O'CLOCIC , ! I 1'1 r '. 1r,¡ '.. AI. -' '-' h ë.; L}(; ß AND DULY ~~ ~ . RECORDED .. . "" 0 . , AT I'MI'; 7l? / . .~âQ':""'AJ - OO""">O",~ ~'7'7"""'-~, ",. De '", i " , ' " ~. ",,- " ' tJ.ð- ðJi¡~ f 1 AGREEMENT This Agreement is made this p~ day of ~ 1988, by and between Dale M. Drown, a single pe son, 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 West Five Feet (W 5') of Lot Ten (10), and the West Five Feet (W 5') of the North Twenty-Five Feet (N 25') of Lot Twelve (12), all in Block Three (3), Phillip's East Salina Addition to the City of Salina, Saline County, Kansas, containing 375 square feet, I .~ ~. (B). Compensation. The City agrees to pay the Grantor upon closing the total sum of $1,053.75 for the permanent easement, consisting of the following: 1. Permanent easement limited to sidewalk and public utilities of 375 square feet, currently zoned R-2 at $1.25 per square foot $ 468.75 2. Damages to remaining property: a. General damages to remaining property resulting from limited permanent easement $ 500.00 . b. 1 tree $ $ 25.00 60.00 c. 2 bushes Total Damages $ 585.00 Total Compensation $1,053.75 (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: Mortgage dated June 8,1984, executed by Dale M. Drown, a single person, in favor of Security Savings and Loan Association, recorded June 11, 1984, at 12:35 p.m. in Book 364 of Mortgages, pages 589-593. (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. the 1~~da~l~~in~Clos;ni9:~~llA~a~~o~~~~et~~ ~~a~~~~re shal~ 1. deliver to the City the fully executed and acknowledged 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, 0 05' - 'lv-:¡'9'13 time the City shall pay Grantor the total compensa- forth in paragraph (B) above. at which tion set (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. /""'¡ c# ~ ,.... (I i. ~." ~ (' f\ ". ) /;;.:. .. ~ /Ji/) ,.;!</)/;TU /---. .->----.- Æ - ,. /., .,-- / ~v Dale M. Drown CITY OF SALINA, KANSAS By /~xfl1 ~~ / L '- Misc. BoCk.J.tf~ F,1Je~ ~ Z.;2J PERMANENT EASEMENT THIS INDENTURE, made this 8th day of June, 1988, by and between Dale M. Drown, a single person (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 Five Feet (W 5') of Lot Ten (10), and the West Five Feet (W 5') of the North Twenty-Five Feet (N 25') of Lot Twelve (12), all in Block Three (3), Phillip's East Salina Addition to the City of Salina, Saline County, Kansas, containing 375 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 signed this Permanent Easement this 8th day of June, 1988. (s~ $; r£~~ Dale M. Drown STATE OF KANSAS, SALINE COUNTY, ss: The foregoing instrument was acknowledged before me this 8th day of June, 1988, by Dale M. Drown, a single person. ~:.:. JAMES SWEDLUND ,1 . NOTARY PUBLIC I STATE OF KANSAS MY A~~~.~~~-1.:d(.-' '11- . ~~ L~¡~ Notary,. ublic v ~"T. e.. ((ANu.~ ~.. ~..r1 JIIILED FOR RECOR.... COUNTY OF ~,- Nf, \ '~v j IN MY OFFICE AT 4.'I.:f.O'CLOCK 111'1? .:, '({)ß AND DULY '11,.. -,tJI...~:)L)(j rrooo. "'.. 0 RECORDED /yJ1h..L4.2-... IJ~T þ . AT ÞAGE .~.'?.~ J ' ~~~ #.r ?a~ 5~ ~~