Block 9 (North)
J
AGREEKENT
1991,T~~Sa~~r~:~:~;ni~H;a~~~h~~~~ ~:~.~fa~-
corporation, hereinafter referred to as the "Grantor," and the
CZTY OF SALZHA, 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 ZH COHSZDERATZOH of mutual and reciprocal promises
and agreements set forth herein, the parties agree as follows:
A. Descriotion. 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 North 257.00 feet of the
East 92.00 feet of the West 392.00 feet of Block Nine
(9), Riker Addition to the City of Salina, Saline
County, Kansas.
The above described parcel of land contains 276.00
square feet more or less.
2.
Temoorary Easement:
The South 12.00 feet of the North 15.00 feet of the
East 16.60 feet and the South 7.00 feet of the North
10.00 feet of the West 43.40 feet, all in the North
257.00 feet of the East 92.00 feet of the West 392.00
feet of Block Nine (9), Riker Addition to the City of
Salina, Saline County, Kansas.
The above described parcel of land contains 503.00
square feet more or less.
B. Comoensation. The City agrees to pay the Grantor upon
closing the total sum of Four Thousand Three Hundred Fifty-nine
and 84/100 Dollars ($4,359.84) for the permanent and temporary
easements, consisting of the following:
1.
Permanent Easement
(276.00 sq. ft. at
$5.00 per sq. ft.)
$1,380.00
2.
Temporary Easement
(503.00 sq. ft. at
$1.25 per sq. ft.)
Damaqes to remaininq property
(Reduced utility $400; moving
sign $1,951.09)
628.75
.3.
2.351.09
Total compensation
$4,359.84
C. Permanent and TemporarY Easement Documents. 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 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 easements 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
-2-
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 City's expense.
~:?~~n~r ftq{ing Sh~IIA~a~~O~¡:~et~~ ~~a~~~r:hall:
1. deliver to the City the fully executed and
acknowledged permanent and temporary easements
documents,
2. deliver to the City any necessary consent to
easement documentation,
3. 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. Nonassianable. Grantor's rights under this Agreement
shall not be assigned without the prior written consent of the
City.
H. Bindina 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.
ZH WZTHESS WHEREOF, the parties have hereunto set their
hands the day and year first above written.
ONE HOUR CLEANERS, INC.
By '4/' A7~ ~S
Tax ID No. vi - 0 ç c¡ J""f(? D
CITY OF SALINA, KANSAS
~ ~
By . n~
Denn1S M. Kissi ge
City Manager
-3-
PERMANENT BASEKENT
THZS ZHDENTURE, made this day of , 1991, by
and between ONE HOUR CLEANERS, ZNC., a Kansas corporation, (the
"Grantor"), and the CZTY OF SALZHA, KANSAS, a municipal corporation
(the "City").
WZTNESSETH: 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 North 257.00 feet of the East
92.00 feet of the West 392.00 feet of Block Nine (9),
Riker Addition to the City of Salina, Saline County,
Kansas.
The above described parcel of land contains 276.00 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.
ZN WZTNESS WHEREOF, the Grantor has signed this Permanent
Easement this day of , 1991.
ONE HOUR CLEANERS, INC.
By
STATE OF KANSAS, SALINE COUNTY, ss:
BE ZT REKEKBERED, that on this day of , 1991,
before me, the undersigned, a notary public in and fqr the county
and state aforesaid, came ,
of One Hour Cleaners, Znc. 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.
ZN WZTBESS WHEREOF, I have hereunto subscribed my name and
affixed my official seal the day and year last above written.
Notary Public
Exhibit A
TEKPORARY BASEKENT
THZS ZHDENTURB, made this ---- day of , 1991
by and between ONB HOUR CLEANERS, INC., a Kansas corporation,
(the "Grantor"), and the CZTY OF SALZHA, KANSAS, a municipal
corporation (the "city").
WZTBESSETH: 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 12.00 feet of the North 15.00 feet of the
East 16.60 feet and the South 7.00 feet of the North
10.00 feet of the West 43.40 feet, all in the North
257.00 feet of the East 92.00 feet of the West 392.00
feet of Block Nine (9), Riker Addition to the City of
Salina, Saline County, Kansas.
The above described parcel of land contains 503.00
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.
ZN WZTNESS WHEREOF, the Grantor have signed this Temporary
Easement this day of , 1991.
ONE HOUR CLEANERS, INC.
By
STATE OF KANSAS,
COUNTY, ss:
BE ZT REKEKBERED, that on this day of , 1991,
before me, the undersigned, a notary public in and for the county
and state aforesaid, came
of One Hour Cleaners, Znc., 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.
ZN WZTNESS WHEREOF, I have hereunto subscribed my name and
affixed my official seal the day and year last above written.
Notary Public
Exhibit B
Mise. 8JI (oJ) I p, y.:r-
jg
PERMANENT EASEKENT
THZS ZHDENTURB, made this :21-vt- day of ~ ' 1991, by
and between ONB HOUR CLEANERS, ZNC., a Kansås orporation, (the
"Grantor"), and the CZTY OF SALZNA, KANSAS, a municipal corporation
(the "city").
WZTNESSETH: 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 North 257.00 feet of the East
92.00 feet of the West 392.00 feet of Block Nine (9),
Riker Addition to the City of Salina, Saline County,
Kansas.
The above described parcel of land contains 276.00 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.
ZN WZTNESS WHEREOF, the Grantor has signed this
Easement thi~S 2 U day of On¡...;X- , 1991.
STATEOFKANSAS} ( ) FILEOFORRECORD ONE HOUR CLEANERS, INC.
COUNTY OF SALINE 55. IN MY OFfiCE AT
I: ~O'CLOCK AND DULV
~M. RECORDED
\ J VOL. ATPAGE YS
'""/) REG. OF DEEDS
ST E OF KANSAS, SALINE COUNTY, ss:
BE ZT REKEKBERED, that on this '2/4 day of ~~ ,1991,
before me, the undersigned, a notary puþlic in and or he county
and state afore~aid, came Í(}, &h f;¿.t~ ,
Y?--u",--",Q.,a)( of One Hour eleaners, Znc. 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.
Permanent
By
¡-J.
A~~~
W. Dale Kretz
ZN WZTNESS WHEREOF, I have hereunto subscribed my name and
affixed my official seal the day and year last above written.
3_- .,,_.._~~,
. JA. litES SWEDLUND
NOTARY PUBLIC
8'rATE Of':' KANSAS
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