Loading...
Lot 1, Block 10 ." , . Misc. Bk fin Pi I~ I ,. ./ I " PERMANENT EASEMENT and b:~:e~~~U:E H. m~::C:;~;J!. ~f:4~oP~ A~f ~J! a~ ;::;te~~ of the DONALD B. DIECKBOJ!J! TRUST UDder agre..ent dated April 1, 1982, (the "Grantor"), and the CITY OJ! SALIBA, DHSAS, 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 Lot One (1) Replat of the West half of Block Ten (10), Riker Addition to the City of Salina, Saline County, Kansas, said parcel described as follows: Beginning at the Northwest corner of said tract; thence east along the north line of said tract a distance of 75.00 feet to the Northeast corner of said tract; thence south along the east line of said tract a distance of 3.00 feet; west and parallel with the north line of said tract a distance of 65.00 feet to a point which is 3.00 feet south and 10.00 feet east of said Northwest corner; thence Southwesterly a distance of 10.44 feet to a point on the west line of said tract; thence North along the west line of said tract a distance of 6.00 feet to the point of beginning. The above described parcel of land contains 240.00 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 t WI;~ESSlq::E~EOJ!, f th~ Gr~Tor has signed this Permanent Easemen t 1S ay 0 Uu.f'Jt2:.1 , 1991. DONALD H. DIECKHOFF TRUST STATE OF, KANSA§ l' (~ ) COUNTY OF SALINE f~" '-' FILED FOR RECORD IN MY OFFICE ON OCT 2 5" 1~1 AT -l; gm'Cl~ RECORDED ~,; HAGu,U-I.P- EG. OF DEEDS By ~..(.~ ~ Donald H. D1eckhoff, Trust By ~~«~~ Op A. D1eckhoff, ustee / ..1 #>cP/ 'Cb . .. # . " Misc. Bk..Å!ÏL Pi I~~ STATE OF KANSAS, SALINE COUNTY, ss: BB IT REKEMBBRED, that on this ¡ql:!; day of /)nA.h./JJ , 1991, before me, the undersigned, a notary public in an~ county and state aforesaid, came Donald B. Dieckhoff and Opal A. Dieckhoff as Trustees of the Donald B. Dieckhoff Trust UDder agre..ent dated April 1, 1982, who are 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 on behalf of the Trust. IN WITNBSS WBBRBOJ1, I have affixed my official seal the day subscribed my name and last bove written. ~ ~í.JSAt~ V. HENRY .. . Notllry Fubßc - Gtate of K8nIU . "~/.1)1 AWl. expire' q -3.Q } -2- ~ç AGREEMENT This Agreement is made this /9.bÞ- day of ~~ ' 1991, by and between DONALD B. DIECKBOJ1J1 and OPAL. DIECKBOJ1J1 as Trustees of the DONALD B. DIBCKBOJ1J1 TRUST UDder agr...ent dated April 1,1982, hereinafter referred to as the "Grantor," and the CITY 0J1 SALIBA, DHSAS, a municipal corporation, hereinafter referred to as the "city." RBCITALS 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. J10R AND IN CONSIDERATION of mutual and reciprocal promises and agreements set forth herein, the parties agree as follows: A. DescriDtion. 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 Lot One (1) Replat of the West half of Block Ten (10), Riker Addition to the City of Salina, Saline County, Kansas, said parcel described as follows: Beginning at the Northeast corner of said tract; thence east along the north line of said tract a distance of 75.00 feet to the Northeast corner of said tract; thence south along the east line of said tract a distance of 3.00 feet; west and parallel with the north line of said tract a distance of 65.00 feet to a point which is 3.00 feet south and 10.00 feet east of said Northwest corner; thence Southwesterly a distance of 10.44 feet to a point on the west line of said tract; thence North along the west line of said tract a distance of 6.00 feet to the point of beginning. The above described parcel of land contains 240.00 square feet more or less. 2. TemDorary Easement: A parcel in a tract of land designated as Lot One (1), Replat of the West half of Block Ten (10), Riker Addition to the City of Salina, Saline County, Kansas, said parcel described as follows: Commencing at the Northwest corner of said Lot One (1); thence South along the west line of said Lot One (1) a distance of 6.00 feet to the point of beginning; thence continuing south along the west line of said Lot One (1) a distance of 15.00 feet; thence East and parallel with the north line of said Lot One (1) a distance of 46.40 feet; thence North and parallel with the west line of said Lot One (1) a distance of 5.00 feet; thence East and parallel with the north line of said Lot One (1) a distance of 28.60 feet; thence North along the east line of said Lot One (1) a distance of 7.00 feet; thence West and parallel with the north line of said Lot One (1) a distance of 65.00 feet to a point that is 3.00 feet South and 10.00 feet East of said Northwest corner; thence southwesterly a distance of 10.44 feet more or less to the point of beginning. The above described parcel of land contains 465.00 square feet more or less. B. ComDensation. The City agrees to pay the Grantor upon closing the total sum of Two Thousand Three Hundred Eighty-one and 25/100 Dollars ($2,381.25) for the permanent and temporary easements, consisting of the following: 1. Permanent Easement (240.00 sq. ft. at $5.00 per sq. ft.) $1,200.00 -2- 2. Teaporary Basement (465.00 sq. ft. at $1.25 per sq. ft.) Damages to remaining property (Reduced utility) 581.25 3. 600.00 Total compensation $2,381.25 C. Permanent and TemDorarv 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 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 easement shall be recorded by the City with the office of the Saline County Register of Deeds, at the City's expense. F. Closina. Closing shall take place on or before ~~ ~I I~q! . At closing the Grantor shall: 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. -3- 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. IN WITNESS WBBREOJ1, the parties have hereunto set their hands the day and year first above written. DONALD H. DIECKHOFF TRUST B~_<~#~ Donald H. D1eckhoff, Trustee By &Jl.J q; Æ~: ~ 0 I A. D1eckhoff, ustee Tax ID No. .L/~.tJJ~¿¡~OLjS CITY OF SALINA, KANSAS By -4- PERMANENT BASEMENT THIS IHDEHTURB, made this day of , 1991, by and between DONALD H. DIECKBOJ1J1 and OPAL A. DIBCKBOJ1J1 as Trustees of the DONALD H. DIBCKBOJ1J1 TRUST UDder agreement dated April 1, 1982, (the "Grantor"), and the CITY 0J1 SALINA, DHSAS, 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: A parcel in a tract of land designated as Lot One (1) Replat of the West half of Block Ten (10), Riker Addition to the City of Salina, Saline County, Kansas, said parcel described as follows: Beginning at the Northeast corner of said tract; thence east along the north line of said tract a distance of 75.00 feet to the Northeast corner of said tract; thence south along the east line of said tract a distance of 3.00 feet; west and parallel with the north line of said tract a distance of 65.00 feet to a point which is 3.00 feet south and 10.00 feet east of said Northwest corner; thence Southwesterly a distance of 10.44 feet to a point on the west line of said tract; thence North along the west line of said tract a distance of 6.00 feet to the point of beginning. The above described parcel of land contains 240.00 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 WBEREOJ1, the Grantor has signed this Permanent Easement this ¡o¡iJl day of Oür ' 1991. DONALD H. DIECKHOFF TRUST By ~e~ BY~C¡: ~ 0 I A. D1eckhoff, ustee Exhibit A STATE OF KANSAS, SALINE COUNTY, ss: BB IT REKEMBBRED, that on this ¡qt!J day of /)nA~/d , 1991, before me, the undersigned, a notary public in an~r the county and state aforesaid, came Donald B. Dieckhoff and Opal A. Dieckhoff as Trustees of the Donald B. Dieckhoff Trust UDder agreement dated April 1, 1982, who are 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 on behalf of the Trust. IN WITNESS WBBREOJ1, affixed my official seal I have hereunto subscribed my name and the d:/nd Yeç~above written. ~ ~~ ~b1ic ~ SUSAN V. HENRY =::¡ ~j . ~o:t\:~ PUbl~C - State of Kan.88 ",y",.....Explrel - -2- TEMPORARY BASEKENT THIS IIfDEHTURB, made this ¡Q't.h day of (J.I/.f)g<2;/- , 1991 by and between DONALD H. DIECKBOJ1~ and OPAL A. DIBCKBOJ1J1 as Trustees of the DONALD H. DIBCKBOJ1J1 TRUST UDder agre..ent dated April 1,1982, (the "Grantor"), and the CITY 0J1 SALIBA, DHSAS, 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: A parcel in a tract of land designated as Lot One (1), Replat of the West half of Block Ten (10), Riker Addition to the City of Salina, Saline County, Kansas, said parcel described as follows: Commencing at the Northwest corner of said Lot One (1); thence South along the west line of said Lot One (1) a distance of 6.00 feet to the point of beginning; thence continuing south along the west line of said Lot One (1) a distance of 15.00 feet; thence East and parallel with the north line of said Lot One (1) a distance of 46.40 feet; thence North and parallel with the west line of said Lot One (1) a distance of 5.00 feet; thence East and parallel with the north line of said Lot One (1) a distance of 28.60 feet; thence North along the east line of said Lot One (1) a distance of 7.00 feet; thence West and parallel with the north line of said Lot One (1) a distance of 65.00 feet to a point that is 3.00 feet South and 10.00 feet East of said Northwest corner; thence southwesterly a distance of 10.44 feet more or less to the point of beginning. The above described parcel of land contains 465.00 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 WITHBSS WBEREOJ1, the Grantor have signed this Temporary Easement this JCft!I day of .&fNJ-J , 1991. DONALD H. DIECKHOFF TRUST B~i~ Exhibit B BYoIft.l/ ~~ Op A. D1eckhoff, stee STATE OF KANSAS, ~ COUNTY, ss: BB IT REKEMBBRBD, that on this ¡9t:...J¡ day of /JUAb/,./'- , 1991, before me, the undersigned, a notary public in an~e county and state aforesaid, came Donald H. Dieckhoff and Opal A. Dieckhoff as Trustees of the Donald H. Dieckhoff Trust UDder agreement dated April 1,1982, who are 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 on behalf of the trust. IN WITNESS WBEREOJ1, affixed my official seal I have hereunto subscribed my name and the day and:~a3 written. 622 ~tary ~1ic . CL:3/,N V. HENRY .~;: '-,. Nc:;:¡ry P~t;:¡c - State of KanlAI -- .... My AppL Expires ~ -C¡ -2-