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PERMANENT EASEMENT
THIS INDENTURE, made this ¡S--tJú..day of September, 1997, by and between Faye E.
Longbine, Douglas K. Longbine and Janet Kay Longbine, all single persons, (the "Grantor"), and the
City of Salina, Kansas, a municipal corporation, (the "City").
WITNESSETH: The Grantor for good and valuable consideration, the receipt and
sufficiency of which are 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 on Exhibit A attached to this Permanent Easement, for all rights
of ingress and egress of the City, its servants, officers, employees, contractors, and franchisees, for
purposes of constructing and maintaining street drainage and sidewalk improvements, in perpetuity.
IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement the day and
year first above written.
STATEOFKANSAS V' Á \ FILED FOR RECORD
COUNTYOFSALlNE~ j\J IN MYOFFICEAT
I °eO'CLOCI~ OCT ~ 4 1997 AND DULV
~~~~~R£G!:1
STATE OF KANSAS, SALINE COUNTY, ss:
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Faye frongbine J
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Douglas K:: ongbme
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BE IT REMEMBERED, that on this (S ~ay of September, 1997, before me, the
undersigned, a notary public in and for the county añd state aforesaid, came Faye E. Longbine, a
single person, who is personally known to me to be the same persons 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.
_'"">~L"""',"".4"'=
C1('~~/~~
,,0 Notary Pubhc
James Swedlund
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STATE OF KANSAS, SALINE COUNTY, SS:
BE IT REMEMBERED, that on this (S-tb... day of September, 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Douglas K Longbine, a
single person, who is personally known to me to be the same persons 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.
i' " ._._._--._..~_.."~-
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I Notary Pubhc
James Swedlund
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this f.f--ltv day of September, 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Janet K Longbine, a
single person, who is personally known to me to be the same persons 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.
--_..........,""'""'-- ~--'".......-~.
J i\¡:.;,*~{I,I§J'iiD:U,h'.o
, A.. NOTARV PUBLIC
~ STATE OF KANSAS
. MY M'P'T. IIIXPIRØ <$. "
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! Notary Public
James Swedlund
[A real estate sales validation questionnaire is not required pursuant to KS.A. 79-1437e(a)(13)]
-2-
24
EASEMENT A COUISlllON
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OWNER: LONGBINE, KENNETH (DECEASED)
150 N OHIO
SALINA, KS 67401
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R/CHOLSONS REPLA T OF PART OF
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LOT 2,
R/CHOLSONS REPLA T OF PART OF
R/VERV/EW ADD/T/ON
LOT J,
R/CHOLSONS REPLA T OF PART OF
R/VERV/EW ADD/T/ON
LEGAL DESCRIPTION:
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THE WEST 5' OF LOT TWO (2), RICHOLSONS REPLAT OF PART OF RIVERVlEW ADDITION, IN THE aTY OF SAUNA,
SAUNE COUNTY, KANSAS. SAID TRACT CONTAINS 220 SQUARE FEET, MORE OR LESS.
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Exhibit A
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AGREEMENT
This Agreement is made this iSttLday of September, 1997, by and between Faye E,
Longbine, Douglas K. Longbine, and Janet Kay Longbine, all single persons, hereinafter
referred to as the "Owner," and the City of Salina, Kansas, a municipal corporation, hereinafter
referred to as the "City,"
RECITALS
A. The City, in conjunction with the North Ohio Improvement Project, wishes to
acquire from the Owner a permanent easement in, through, over, and across a certain portion of
land owned by the Owner for the purpose of street drainage and sidewalk improvements, in
perpetuity, hereinafter referred to as the "permanent easement",
B, The City has caused the permanent easement to be acquired to be appraised and
has negotiated a purchase price with the Owner all in the manner prescribed in Title III of the
Uniform Relocation Assistance and Real Property Acquisition Act of 1970.
C. It is the desire of the Owner 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:
1, Description. The permanent easement to be conveyed by the Owner to the City
shall be as legally described on the Engineering Drawing attached and incorporated as Exhibit
A.
2, Compensation, The City agrees to pay the Owner upon closing the total sum of
Three Hundred Thirty-Eight Dollars and Seventy-Five Cents ($338,75) for the permanent
easement consisting of the following:
Permanent Easement
(220 square feet at $1.00 per square feet)
$220,00
Damages to remaining property
(Loss of 44 ft. retaining wall $88;
5 ft. chain link fence $30.75)
118.75
Total Compensation
$338.75
3, Driveway Entry and Retaining Wall. In conjunction with the North Ohio
Improvement Project, the City agrees (a) to construct on the permanent easement, at the City's
expense, a fifteen (15) foot wide concrete driveway entry from the improved Ohio Street to the
Owner's private driveway, and (b) to replace the existing retaining wall at a location which will
allow for construction of the street drainage and sidewalk improvements to be located on the
permanent easement.
4, Documents. The Owner agrees that the permanent easement shall be conveyed to
the City by Owner's execution and delivery to the City of a permanent easement document
identical to the copy attached as Exhibit B 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 expense of the City,
5, Covenant of Title. Owner covenants that Owner is the lawful owner of the
Property and that the Property is not subject to any contract for sale or other liens and
encumbrances,
6, Consent to Easement. In those cases where the permanent easement is subject to
mortgage or other liens or encumbrances, the Owner 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 expense of the City,
7, Closing, Closing shall take place on or before..t...þf ;:> j~ 1997, At closing
the Owner shall:
a. deliver to the City the fully executed and acknowledged permanent
easement document,
b,
deliver to the City any necessary consent to easement documentation,
c, provide the City with any other necessary information such as Owner's
current mailing address and social security numbers or tax identification numbers,
at which time the City shall pay Owner the total compensation set forth in paragraph (B) above,
8, Nonassignable. Owner's rights under this Agreement shall not be assigned
without the prior written consent of the City,
9, Binding Effect. The terms of this Agreement shall be binding upon and inure to
the benefit of the heirs, executors, administrators, successors, and authorized assigns of the
parties hereto,
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year
first above written,
"Owner"
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Faye E, ongbme, (
Social Sec, /Tax ill No, ,~- ¡ / - /0 - 7 ¿';;;¿ E-'
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CITY OF SALINA, KANSAS
By
-3-
24
EASEMENT ACOUISmoN
OWNER: LONGBINE, KENNETH (DECEASED)
150 N OHIO
SALINA, KS 67401
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RICHOLSONS REPLA T OF PART OF
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RICHOLSONS REPLA T OF PART OF
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LEGAL DESCRIPTION:
THE WEST 5' OF LOT TWO (2), RICHOLSONS REPLAT OF PART OF RIVERVlEW ADDITION, IN THE aTY OF SAUNA,
SALINE COUNTY, KANSAS. SAID lRACT CONTAINS 220 SQUARE ITEr, MORE OR LESS.
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Exhibit A
PERMANENT EASEMENT
THIS INDENTURE, made this - day of September, 1997, by and between Faye E,
Longbine, Douglas K. Longbine and Janet Kay Longbine, all single persons, (the "Grantor"), and the
City of Salina, Kansas, a municipal corporation, (the II City "),
WITNESSETH: The Grantor for good and valuable consideration, the receipt and
sufficiency of which are 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 on Exhibit A attached to this Permanent Easement, for all rights
of ingress and egress of the City, its servants, officers, employees, contractors, and franchisees, for
purposes of constructing and maintaining street drainage and sidewalk improvements, in perpetuity,
IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement the day and
year first above written,
Faye E. Longbine
Douglas K. Longbine
Janet Kay Longbine
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this - day of September, 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Faye E. Longbine, a
single person, who is personally known to me to be the same persons 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
Exhibit B
" .
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this - day of September, 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Douglas K Longbine, a
single person, who is personally known to me to be the same persons 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 September, 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Janet K Longbine, a
single person, who is personally known to me to be the same persons 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
[A real estate sales validation questionnaire is not required pursuant to KS.A. 79-1437e(a)(13)]
-2-
. . ' .
" .
.
24
EASEMENT ACQUISITION
OWNER: LONGBINE, KENNETH (DECEASED)
150 N OHIO
SALINA, KS 67401
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R/CHOLSONS REPLA T OF PART OF
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R/CHOLSONS REPLA T OF PART OF
R/VERV/EW ADDITlON
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R/CHOLSONS REPLA T OF PART OF
R/VERV/EW ADDITlON
LEGAL DESCRIPTION:
THE WEST 5' OF LOT TWO (2). RICHOLSONS REPLAT OF PART OF RIVERVIEW ADDITION, IN THE aTY OF SAUNA,
SALINE COUNTY, KANSAS. SAID TRACT CONTAINS 220 SQUARE FEET, MORE OR LESS.
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Exhibit A