Block 9 (West 200)
Misc. Bk L 15'1
pg4
PBRXAHENT BASBKENT
THIS IIIDBI1'1'URB, made this ¡.~~ day of ~~ ' 1991, by
and between KBGA IRVES'l'KBB'l'S, a Kansas 'par nership, (the
"Grantor"), and the CITY 01' SALIBA, KABSAS, a municipal corporation
(the "city").
WITNESSBTH: 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:
A parcel in a tract of land designated as the North
130.00 feet of the west 100.00 feet plus the East 100
feet of the West 200.00 feet of Block Nine (9), Riker
Addition to the City of Salina, Saline County, Kansas,
described as follows:
Beginning at the Northwest corner of said Block Nine (9);
thence East along the North line of said Block Nine (9)
a distance of 200.00 feet; thence South and parallel with
the West line of said Block Nine (9) a distance of 3.00
feet; thence West and parallel with the North line of
said Block Nine (9) a distance of 190.00 feet to a point
which is 3.00 feet South and 10.00 feet East of said
Northwest corner; thence Southwesterly a distance of
11.18 feet to a point on the west line of said Block Nine
(9); thence North along said West line a distance of 8.00
feet to the point of beginning.
The above described parcel of land contains 625.00 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 WBEREOI', the Grantor has signed this Permanent
Easement this I~~ day of (~y- , 1991.
MEGA INVESTMENTS
By,. l /1~~~ -- ¿¿.-: ,,-,T
Agent
STATE OF KANSAS, SALINE COUNTY, ss:
BE 1'1' RBKBKBBRED, that on this Jc~ day of (~ ' 1991,
~~~o::a::~f~~~S~~~~r~~~~ed, ~A ~~~b~i~n f r the coun~~
Keqa Investments, a Kansas ~~ership who 1S personally known to
tI
p . ....'.
I
jdJ
~
Misc. Bk wJ..J) I Pg /;I8
me to be the same person who executed the above and foregoing
instrument of writing on behalf of the partnership and duly
acknowledged the execution of the same.
IN WI'l'BBSS WBBRBOI', I have hereunto subscribed my name and
affixed my official seal the day and year last above written.
. --.,""",.,,-
17.' . .~.... 'j~~~i~~~~~~:~D .'
~~ STATE OF KANSAS I
J MY APPT:..~~,=~.g,,~:?í - <lr:;'. "
9 a'Y\l..~ 1v-<-~-<A~-
.. Notary Public
.STAtE OF KANsM 1 (' J)
COUNTY OF SALINE $ šS., ~
FILED FOR RECORD IN MY OFFICE
ON OCT 2 S'199( AT
J:E~cJr.M. ANl¡.tU~ Y RECORDED 7 ()
~~ T PME,J.;/J. - p. "
QEG. OF DEEDS
-2-
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61
,.
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Misc. Bk l~/ Pg /,30
CONSENT '1'0 BASBKENT
The undersigned Mortgagee, consents to the grant of easements
by the Mortgagor to the City of Salina, Kansas (the "city"), as
follows:
1.
The name of the Mortgagor is .eqa Investments.
2. The name of the Mortgagee is The National Bank of America
at Salina.
3. The Mortgage dated January 1, 1988 was recorded April 25,
1989 at Book 412 of Mortgages, paqe 201 of the records of the
Register of Deeds for Saline County, Kansas.
4 . Mortgagor intends to convey to the Ci ty a permanent
easement for the purpose of installing, repairing, replacing and
maintaining public utilities, public sidewalk, and street signage,
in perpetuity described as:
A parcel in a tract of land designated as the North
130.00 feet of the west 100.00 feet plus the East 100
feet of the West 200.00 feet of Block Nine (9), Riker
Addition to the City of Salina, Saline County, Kansas,
described as follows:
Beginning at the Northwest corner of said Block Nine (9);
thence East along the North line of said Block Nine (9)
a distance of 200.00 feet; thence South and parallel with
the West line of said Block Nine (9) a distance of 3.00
feet; thence West and parallel with the North line of
said Block Nine (9) a distance of 190.00 feet to a point
which is 3.00 feet South and 10.00 feet East of said
Northwest corner; thence Southwesterly a distance of
11.18 feet to a point on the west line of said Block Nine
(9); thence North along said West line a distance of 8.00
feet to the point of beginning.
The above described parcel of land contains 625.00 square
feet more or less.
5. Mortgagor also intends to convey to the City a temporary
easement 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, described as:
The South 7.00 feet of the North 10.00 feet of the East
26.60 feet and the South 7.00 feet of the North 10.00
feet of the East 45.00 feet of the West 128.40 feet, all
in the North 130.00 feet of the West 100.00 feet plus the
East 100.00 feet of the West 200.00 feet of Block Nine
(9), Riker Addition to the City of Salina, Saline County,
Kansas.
, .
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Pg /3(
Misc. Bk Á.I){
The above described parcel of land contains 501. 20 square
feet more or less.
6. This Consent to Easement shall not affect the mortgage
lien as it applies to the property described in the Mortgage.
Dated this /~ fh day of)u y , 1991.
THE NATIONAL BANK OF AMERICA AT
SALINA
by
L~~
.Iv ~£:r, V.. J.
Bill Hoffman Sr. V. P.
STATE OF KANSAS, COUNTY OF SALINE, ss:
BE 1'1' RBKBKBBRED, that on this /,,?/A day of \/~~< 1 .. , 1991,
before me, the undersigned, a notary public in and for the county
and state aforesaid, came /j>; // 1./, F; Fl I ¿ ~
Sl'¡; d/'o- I;'É<.A: Vl'~'- rr." ,+ of The National BanJt of America at
Sal na who is personally known to me to be the same person who
executed the foregoing Consent to Easement as
.5+"-1 j co/' /;: r~' (~'v ç-..¿,....~ of said corporation, and said
person duly acknowledged the execution of the same as the act of
said corporation.
IN WITNESS WBBREOI', I have hereunto set my hand and affixed my
notarial seal the day and year last ab~jwritten.
¿{/
~' ,-
-/h ¿' / -.. /;/1 r'/c-! .Þ a- .s.¿
/ Notary Pubn-c-
--,¡~
LINDA McNEAL
f:) ~ NOTARY PU BUG
~ STATE OF KANSAS
MY APPT. EXPIRSS v- c? 3- '7'/
,-ttj
,STAtE OF KANSAU ' = ¡1/
COUNTY OF SALINE} ss., ( )
FILED FOR RECORD IN MY OFFICE
ON OCT 2 ~ 1991 AT
g:ÍÙ)'CLO~M. A
~,1.
D.UlY RECORDE~ () -/11
J PAGEL?
EG. OF DEEDS
-2-
..
51
AGREBKBNT
1991,T~;Sa~~r~:~:~;ni:,::d~.;~~;~ ad:~n~;s ~rshiP"
hereinafter referred to as the "Grantor," and the CITY OJ' SALINA,
KABSAS, a municipal corporation, hereinafter referred to as the
"city."
RECITALS
1. The City, in conjunction with the Crawford 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
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.
POR 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 public permanent and temporary easements in,
through, over, and across real estate owned by the Grantor more
particularly described as follows:
1.
Permanent Easement:
A parcel in a tract of land designated as the North
130.00 feet of the west 100.00 feet plus the East 100
feet of the West 200.00 feet of Block Nine (9), Riker
Addition to the City of Salina, Saline County, Kansas,
described as follows:
Beginning at the Northwest corner of said Block Nine
(9); thence East along the North line of said Block
Nine (9) a distance of 200.00 feet; thence South and
parallel with the West line of said Block Nine (9) a
distance of 3.00 feet; thence West and parallel with
the North line of said Block Nine (9) a distance of
190.00 feet to a point which is 3.00 feet South and
10.00 feet East of said Northwest corner; thence
Southwesterly a distance of 11.18 feet to a point on
the west line of said Block Nine (9); thence North
along said West line a distance of 8.00 feet to the
point of beginning.
The above described parcel of land contains 625.00
square feet more or less.
2.
Temoorarv Easement:
The South 7.00 feet of the North 10.00 feet of the East
26.60 feet and the South 7.00 feet of the North 10.00
feet of the East 45.00 feet of the West 128.40 feet,
all in the North 130.00 feet of the West 100.00 feet
plus the East 100.00 feet of the West 200.00 feet of
Block Nine (9), Riker Addition to the City of Salina,
Saline County, Kansas.
The above described parcel of land contains 501.20
square feet more or less.
B. Comoensation. The City agrees to pay the Grantor upon
closing the total sum of Four Thousand One Hundred Fifty-one and
50/100 Dollars ($4,151.50) for the permanent and temporary
easements, consisting of the following:
1.
Permanent Easement
(625.00 sq. ft. at
$5.00 per sq. ft.)
$3,125.00
2.
Temporary Easement
(501.20 sq. ft. at
$.25 per sq. ft.)
Damaqes to remaininq property
(Reduced utility)
626.50
3.
400.00
Total Compensation
$4,151.50
C. Permanent and Temoorary Easement Documents. The Grantor
agrees that the permanent and temporary easements shall be
conveyed to the City by Grantor's execution and delivery to the
-2-
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 liB"
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 a Mortgage in favor
of THE BATIOBAL BAlIK 01' AKBRICA AT SALIBA in the amount of
$210,000.00, dated January 1, 1988 and recorded April 25, 1989 in
Mortgage Book 412, page 201.
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
easement shall be recorded by the City with the office of the
Saline County Register of Deeds, at the City's expense.
F.
Closing. Closing shall take place on or before
Gl ^-<¡þ ,..p Qa, I r¡t;( At closing the Grantor shall:
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,
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. 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.
-3-
IN WI'l'BBSS WBBREOI', the parties have hereunto set their
hands the day and year first above written.
MEGA INVESTMENTS
~ :1,
/ // .
.~ . ¿-I -a--.-"-"- ¿¿~q¿4-Lr--
Tax ID No. 5'-5- /07'379 / tl
CITY OF SALINA, KANSAS
By
.:
-4-
P BRKANBNT BAS DENT
'l'BIS IHDBR'l'URB, made this day of , 1991, by
and between KBGA IBVES'l'KBH'l'S, a Kansas partnership, (the
"Grantor"), and the CITY 01' SALIBA, KABSAS, 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:
A parcel in a tract of land designated as the North
130.00 feet of the west 100.00 feet plus the East 100
feet of the West 200.00 feet of Block Nine (9), Riker
Addition to the City of Salina, Saline County, Kansas,
described as follows:
Beginning at the Northwest corner of said Block Nine (9);
thence East along the North line of said Block Nine (9)
a distance of 200.00 feet; thence South and parallel with
the West line of said Block Nine (9) a distance of 3.00
feet; thence West and parallel with the North line of
said Block Nine (9) a distance of 190.00 feet to a point
which is 3.00 feet South and 10.00 feet East of said
Northwest corner; thence Southwesterly a distance of
11.18 feet to a point on the west line of said Block Nine
(9); thence North along said West line a distance of 8.00
feet to the point of beginning.
The above described parcel of land contains 625.00 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 day of , 1991.
MEGA INVESTMENTS
By:
STATE OF KANSAS, SALINE COUNTY, ss:
BE 1'1' RBKBKBERED, that on this day of , 1991,
before me, the undersigned, a notary public in and for the county
and state aforesaid, came of
Keqa Investments, a Kansas partnership who is personally known to
Exhibit A
me to be the same person who executed the above and foregoing
instrument of writing on behalf of the partnership and duly
acknowledged the execution of the same.
IB WI'l'BESS WBBRBOI', I have hereunto subscribed my name and
affixed my official seal the day and year last above written.
Notary Public
-2-
TBKPORARY BASBKENT
THIS IKDBM'l'URB, made this day of , 1991
by and between KBGA IRVBSTKBI1'1's;-a-Kansas partnership (the
"Grantor"), and the CITY 01' SALIBA, KABSAS, a municipal
corporation (the "city").
WITNBSSBTH: 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
26.60 feet and the South 7.00 feet of the North 10.00
feet of the East 45.00 feet of the West 128.40 feet,
all in the North 130.00 feet of the West 100.00 feet
plus the East 100.00 feet of the West 200.00 feet of
Block Nine (9), Riker Addition to the City of Salina,
Saline County, Kansas.
The above described parcel of land contains 501.20
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 WI'l'BESS WHBREOP, the Grantor has signed this Permanent
Easement this day of , 1991.
MEGA INVESTMENTS
By
STATE OF KANSAS,
COUNTY, ss:
BE 1'1' RBKBKBBRED, that on this day of , 1991,
before me, the undersigned, a notary public in and for the county
and state aforesaid, came
of Heqa Investments 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 WBEREOI', I have hereunto subscribed my name and
affixed my official seal the day and year last above written.
Notary Public
Exhibit B