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MIsc.8t 1101 PI .;2-03
PERMANENT EASEMENT
THIS INDENTURE, made this £ day of June, 1998, by and between R. Michael Steele,
a single person, by and through Mary Lou Steele, his attorney-in-fact under Limited Power of
Attorney dated June 12, 1998, (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 improvements, sidewalk improvements, and
public utilities, in perpetuity.
IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement the day and
year first above written.
R. Michael Steele
By:
BE IT REMEMBERED, that on this /S--#-Qay of June, 1998, before me, the undersigned,
a notary public in and for the county and state aforesaid, came Mary Lou Steele, Attorney-in-fact for
R. Michael Steele, a single person, who is personally known to me to be the same person 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.
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My Ap¡Jl. ~. -.:2OC I
[A real estate sales validation questionnaire is not required pursuant to KS.A. 79-1437e(a)(13)]
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22
EASEMENT A COUISIllON
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OWNER: STEELE, R. MICHAEL
150 N OHIO
SALINA, KS 67401
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RICHOLSONS REPLAT OF PART OF
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RICHOLSONS REPLA T OF PART OF
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RICHOLSONS REPLA T OF PART OF
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.,þAL DESCRIPTION:
THE WEST 5' OF LOT FOUR (4), RICHOlSONS REPLAT OF PART OF RIVERVlEW ADDIllON, IN THE aTY OF SAUNA, SAUNE COUNTY,
J. KANSAS. SAID lRACT CONTAINS 220 SQUARE FEET, MORE OR LESS.
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Exhibit A
AGREEMENT
----
This Agreement is made this J.á- day of June, 1998, by and between R. Michael Steele, a
single person, by and through Mary Lou Steele, his attorney-in-fact, under Limited Power of
Attorney dated June 12, 1998, 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 improvements, sidewalk
improvements, and public utilities, 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
One Thousand Dollars and No Cents ($1,000.00) for the permanent easement consisting of the
following:
Permanent Easement
(220 square feet at $1 per square feet)
$220.00
Damages to remaining property
780.00
Total Compensation
$1,000.00
3. 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.
4.
Property.
Covenant of Title. Owner covenants that Owner is the lawful owner of the
5. Closing. Closing shall take place on or before
the Owner shall:
, 1998. At closing
a. deliver to the City the fully executed and acknowledged permanent
easement document,
b. 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.
6. Nonassignable. Owner's rights under this Agreement shall not be assigned
without the prior written consent of the City.
7. 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"
R. Michael Steele
By:
CITY OF SALINA, KANSAS
By
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EASEMENT ACOUISIllON
OWNER: STEELE, R. MICHAEL
150 N OHIO
SALINA, KS 67401
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R/CHOLSONS REPLAT OF PART OF
RIVERVIEW ADDITlON
LOT J" "
R/CHOLSONS REPLA T OF P~RT OF
RIVERVIEW ADD/TlON
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R/CHOLSONS REPLA T OF PART OF
RIVERVIEW ADDITlON
-----------------------------------
r:>þAL DESCRIPTION:
THE WEST S' OF LOT FOUR (4), RICHOlSONS REPLAT OF PART OF RIVERVlEW ADDl1l0N, IN THE aTY OF SAUNA, SAUNE COUNTY,
KANSAS. SAID lRACT CONTAINS 220 SQUARE FEET, MORE OR LESS,
Exhibit A
PERMANENT EASEMENT
THIS INDENTURE, made this - day of June, 1998, by and between R. Michael Steele,
a single person, by and through Mary Lou Steele, his attorney-in-fact under Limited Power of
Attorney dated June 12, 1998, (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 improvements, sidewalk improvements, and
public utilities, in perpetuity.
IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement the day and
year first above written.
R. Michael Steele
By:
Mary Lou Steele, Attorney-in-fact
STATE OF KANSAS, JOHNSON COUNTY, ss:
BE IT REMEMBERED, that on this - day of June, 1998, before me, the undersigned,
a notary public in and for the county and state aforesaid, came Mary Lou Steele, Attorney-in-fact for
R. Michael Steele, a single person, who is personally known to me to be the same person 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 K. S.A. 79-1437 e( a)( 13)]
Exhibit B
22
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EASEMENT A COUISmON
OWNER: STEELE, R. MICHAEL
150 N OHIO
SALINA, KS 67401
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R/CHOLSONS REPLAT OF PART OF
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R/CHOLSONS REPLA T OF P~RT OF
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RICHOLSONS REPLA T OF PART OF
R/VERVIEW ADDITlON
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(CÞAL DESCRIPTION:
THE WEST 5' OF LOT FOUR (4), RICHOlSONS REPLAT OF PART OF RIVERVlEW ADDITION, IN THE aTY OF SAUNA, SAUNE COUNTY,
KANSAS. SAID lRACT CONTAINS 220 SQUARE FEET, MORE OR LESS.
Exhibit A