Lot 1, Block 10
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Misc. Bk fin
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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
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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 }
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~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
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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.
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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
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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 -
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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¡
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