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PERMANENT EASEMENT
THIS INDENTURB, made this 15th... day of ~ ' 1991, by
and between MARSHALL MOTOR COKPANY, INC. (the n ant or"), and the
CITY 01' SALINA, ItAHSAS, a municipal corporation (the "city").
WITNESSETH: The Grantor for a good and valuable
consideration, the receipt and suff iciency 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 3.00 feet of the West 150.00 feet of the East
300.00 feet of BlockNine (9), Riker Addition to the City
of Salina, Saline County, Kansas.
The above described parcel of land contains 450.00 square
feet more or less.
for all rights of ingress and egress of the City, its servants,
officers, employees, contractors, and franchisees, for the purpose
of installing, repairing, replacing, and maintaining public
utilities, public sidewalk, and street signage, in perpetuity.
IN WITNESS WHEREOF, the Grantor has signed this Permanent
Easement this IJi;&. day of ~.. , 1991.
::Z:¡~,
Larry W. Marshll, President
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this IS~- day of Ch~ ' 1991,
=~~or:t=~~ t~~o~~=:~~~gn~=~ea notar:~~b\b~~/~ or the count:
p./U-~~ of M~l Motor Company, Inc. 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 on behalf of said corporation.
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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"rATEOFKANSAS} ( /) FILED FOR RECORD
COUNTY OF SALINE 55.)v IN MYOFFICEAT
g,.~O'CLOCK OCT 25 1991 AND DULY
~M. ~ RæOROED
VOL . AT PAGE /;¿S"
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AGREEMENT
This Agreement is made this JS~~ day of ~~ '
1991, by and between MARSHALL MOTOR COKPAHY, INC., ere1nafter
referred to as the "Grantor," and the CITY OF SALINA, KANSAS, a
municipal corporation, hereinafter referred to as the "city."
RECITALS
1. The City, in conjunction with the Crawford street
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, public sidewalk, and street signage, in perpetuity,
hereinafter referred to as the "permanent easement".
2. The City, also in conjunction with the Crawford street
improvement project, wishes to acquire from the Grantor a
temporary easement in, through, over and across a certain portion
of land owned by the Grantor for the purpose of matching grade
between project improvements and concrete improvements such as
driveways and sidewalks.
3. The City has caused the permanent and temporary
easements to be acquired to be appraised and has negotiated a
purchase price with the Grantor all in the manner prescribed in
Title III of the Uniform Relocation Assistance and Real Property
Acquisition Act of 1970.
4. It is the desire of the Grantor to convey the permanent
and temporary easements 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. Descri~tion. The interest to be conveyed by the Grantor
to the City shall be public permanent and temporary easements in,
through, over, and across real estate owned by the Grantor more
particularly described as follows:
1.
Permanent Easement:
The North 3.00 feet of the West 150.00 feet of the East
300.00 feet of Lot Nine (9), Riker Addition to the City
of Salina, Saline County, Kansas.
The above described parcel of land contains 450.00
square feet more or less.
2.
Temoorarv Easement:
The South 7.00 feet of the North 10.00 feet of the East
23.60 feet and the West 8.40 feet of the South 12.00
feet of the North 15.00 feet, all in the West 150.00
feet of the East 300.00 feet of Block Nine (9), Riker
Addition to the City of Salina, Saline County, Kansas.
The above described parcel of land contains 266.00
square feet more or less.
B. Comoensation. The City agrees to pay the Grantor upon
closing the total sum of Two Thousand Nine Hundred Eighty-two and
50/100 Dollars ($2,982.50) for the permanent and temporary
easements, consisting of the following:
1.
Permanent Easement
(450.00 sq. ft. at
$5.00 per sq. ft.)
$2,250.00
2.
Temporary Easement
(266.00 sq. ft. at
$1.25 per sq. ft.)
332.50
3.
Damaqes to remaininq property
(Reduced utility)
400.00
Total compensation
$2,982.50
C. Permanent and Temoorary Easement Documents. The Grantor
agrees that the permanent easement and temporary 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
attached as Exhibit "A" to this Agreement, and a Temporary
Easement document identical to the copy attached as Exhibit "B"
to this Agreement. The Permanent and Temporary Easement
documents 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. Consent to Easement. In those cases where the permanent
and temporary easements described in paragraph (A) are subject to
mortgage or other liens or encumbrances, the Grantor 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
-2-
easement shall be recorded by the City with the office of the
Saline County Register of Deeds, at the City's expense.
F. J~-~ ~~~~q~ Sh~IIA~a~~o~~~~et~~ ~~a~~~~r:hall:
1. deliver to the City the fully executed and
acknowledged permanent and temporary easement
documents,
2. deliver to the City any necessary consent to
easement documentation,
4. provide the City with any other necessary
information such as Grantor's current mailing address
and tax identification number,
at which time the City shall pay Grantor the total compensation
set forth in paragraph (B) above.
G. Nonassiqnable. Grantor's rights under this Agreement
shall not be assigned without the prior written consent of the
city.
H. Bindinq 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.
MARSHALL MOTOR COMPANY, INC.
By ?/~'
Tax ID No. f,L-? - (5 .;;>¿)..~9/
CITY OF SALINA, KANSAS
~~~
By ~ ~\¿ / \ , . c
D'enn1s M. Kissiri
City Manager
-3-
PERMANENT EASEMEHT
THIS INDENTURB, made this day of , 1991, by
and between MARSHALL MOTOR COKPAHY, INC. (the "Grantor"), and the
CITY 01' SALINA, ItAHSAS, a municipal corporation (the "city").
WITNBSSETH: 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 3.00 feet of the West 150.00 feet of the East
300.00 feet of Lot Nine (9), Riker Addition to the City
of Salina, Saline County, Kansas.
The above described parcel of land contains 450.00 square
feet more or less.
for all rights of ingress and egress of the City, its servants,
officers, employees, contractors, and franchisees, for the purpose
of installing, repairing, replacing, and maintaining public
utilities, public sidewalk, and street signage, in perpetuity.
IN WITNESS WHEREOI', the Grantor has signed this Permanent
Easement this day of , 1991.
::::;22: æ;
STATE OF KANSAS, SALINE COUNTY, ss:
BB IT REMEMBERED, that on this day of , 1991,
before me, the undersigned,. a notary public in and for the county
and state aforesaid, came ,
of Marshall Motor Company, Inc. 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 on behalf of said corporation.
IN WITNESS WHERBOF, I have hereunto subscribed my name and
affixed my official seal the day and year last above written.
Notary Public
Exhibit A
.
TEMPORARY EASEMENT
THIS INDENTURB, made this day of , 1991
by and between MARSHALL MOTOR COKPANY, INC., a Kansas corporation
(the "Grantor"), and the CITY 01' SALIBA, ItAHSAS, a municipal
corporation (the "city").
WITNESSBTH: The Grantor for good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, does hereby grant, bargain, sell, and convey unto
the City, a temporary easement in, through, over, and across a
certain portion of land owned by the Grantor, more particularly
described as follows:
The South 7.00 feet of the North 10.00 feet of the East
23.60 feet and the West 8.40 feet of the South 12.00
feet of the North 15.00 feet, all in the West 150.00
feet of the East 300.00 feet of Block Nine (9), Riker
Addition to the City of Salina, Saline County, Kansas.
The above described parcel of land contains 266.00
square feet more or less.
for all rights of ingress and egress of the City, its servants,
officers, employees, contractors, and franchisees, for the
purpose of matching grade between project improvements and
concrete improvements such as driveways and sidewalks, for a term
of two years commencing with the date of this indenture.
IN WITNESS WHEREOF, the Grantor has signed this Temporary
Easement this day of , 1991.
:SAa~~'
STATE OF KANSAS,
COUNTY, ss:
BB IT REMEMBERED, that on this day of , 1991,
before me, the undersigned, a notary public in and for the county
and state aforesaid, came ,
of Marshall Motor Company, Inc.,
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 on behalf of the
corporation.
IN WITNESS WHEREOI', I have hereunto subscribed my name and
affixed my official seal the day and year last above written.
Notary Public
Exhibit B