Lot 5, Block 10
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Mi~. Bk /Jr)h PI! S:L3
PERMANENT EASEMENT
THIS INDENTURE, made this 2 ði4. day of ~v(-- ,1997, by and between F & F
Enterprises, Inc., a Kansas corporation, (the "Grantor"), an the City of SalIna, Kansas, a munIcIpal
corporation, (the "City").
WITNESSETH: The Grantor for good and valuable consideration, the receipt and
sufficiency of which are 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 on Exhibit A attached to this Permanent Easement, for all rights
of ingress and egress of the City, its servants, officers, employees, contractors, and franchisees, for
purposes of constructing and maintaining street drainage and sidewalk improvements, in perpetuity.
IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement the day and
year first above written.
STATE OF KANSAS } v" I FtlEDFORRECORD
~UNTYOFSALINE 55. IV IN MYomcEAT
~CLOCK OCT - 2 1997 :E~~~
VOl /~ ß.ATP~E~1~
~Ií. ~ RESFDEEDS
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j STATE OF KANSAS, SALINE C UNTY, ss:
F & F Enterprises, Inc.
By:
[Name]
[Title]
BE IT REMEMBERED, that on this~otl'day of~' , 1997, before me, the
undersigned a notary public in and for the county and state aforesaid, came
.~ f;, 'J.~ ' P,'\1~A.t::* of F & F Enterprises, Inc.,
who is personally own 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 WHEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year last above written.
'=1r~ .~~
, Notary Public
\1ames Swedlund
[A real estate sales validation questionnaire is not required pursuant to KS.A. 79-1437e(a)(13)]
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~ . PK>T AFtY PUBLIC "
- STATE OF KANf.AS
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EASB.4ENT A COUISITION
OWNER: F & F ENTERPRISES INC.
2212 VILLAGE LN
SALINA, KS 67401
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LOT 6, BLK 10, : ~ it>
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LOT 4, BLK 10,
RIVERSIDE PARK
ADDI770N
-----------------------------------
LEGAL DESCRIPTION:
lHE EAST 5' OF LOT A'Æ (5). BLOO< 1EN (10)... RIVERSIDE PARK ADDITION, IN lHE CITY OF SAUNA, SALINE COUNTY, KANSAS.
SAID TRACT CONTAINS 250 S'CIUARE FEET, t.10R'1:. OR lESS.
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Exhibit A
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AGREEMENT
This Agreement is made this:) rrÞ- day of ~ ' 1997, by and between F & F
Enterprises, Inc., a Kansas corporation, hereinafter referred to as the "Owner," and the City of
Salina, Kansas, a municipal corporation, hereinafter referred to as the "City."
RECITALS
A. The City, in conjunction with the North Ohio Improvement Project, wishes to
acquire from the Owner a permanent easement in, through, over, and across a certain portion of
land owned by the Owner for the purpose of street drainage and sidewalk improvements, in
perpetuity, hereinafter referred to as the "permanent easement".
B. The City has caused the permanent easement to be acquired to be appraised and
has negotiated a purchase price with the Owner all in the manner prescribed in Title III of the
Uniform Relocation Assistance and Real Property Acquisition Act of 1970.
C. It is the desire of the Owner to convey the permanent easement 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:
1. Description. The permanent easement to be conveyed by the Owner to the City
shall be as legally described on the Engineering Drawing attached and incorporated as Exhibit
A.
2. Compensation. The City agrees to pay the Owner upon closing the total sum of
Two Hundred Fifty Dollars and No Cents ($250.00) for the permanent easement consisting of
the following:
Permanent Easement
(250 square feet at $1.00 per square feet)
$250.00
Damages to remaining property
0.00
Total Compensation
$250.00
3. Driveway Entry. In conjunction with the North Ohio Improvement Project, the
City agrees to construct on the permanent easement, at the City's expense, a twenty-four (24)
foot wide concrete driveway entry from the improved Ohio Street to the Owner's private
driveway.
4. Documents. The Owner agrees that the permanent easement shall be conveyed to
the City by Owner's execution and delivery to the City of a permanent easement document
identical to the copy attached as Exhibit B to this Agreement. The permanent easement
document shall be recorded by the City with the office of the Saline County Register of Deeds,
at the expense of the City.
5. Covenant of Title. Owner covenants that Owner is the lawful owner of the
Property and that the Property is not subject to any contract for sale or other liens and
encumbrances except a mortgage in favor of Security Savings Bank, F.S.B., dated June 12,
1995, and recorded June 13, 1995, in Mortgage Book 508, pages 65-80 of the Register of Deeds
office, Saline County, Kansas.
6. Consent to Easement. In those cases where the permanent easement is subject to
mortgage or other liens or encumbrances, the Owner 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 expense of the City.
7. Closing. Closing shall take place on or before ~.J ð-fÃ. , 1997. At closing
the Owner shall:
a. deliver to the City the fully executed and acknowledged permanent
easement document,
b.
deliver to the City any necessary consent to easement documentation,
c. provide the City with any other necessary information such as Owner's
current mailing address and social security numbers or tax identification numbers,
at which time the City shall pay Owner the total compensation set forth in paragraph (B) above.
8. Nonassignable. Owner's rights under this Agreement shall not be assigned
without the prior written consent of the City.
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9. Binding Effect. The terms of this Agreement shall be binding upon and inure to
the benefit of the heirs, executors, administrators, successors, and authorized assigns of the
parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year
first above written.
"Owner"
F & F Enterprises, Inc.
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[Name]
[Title]
CITY OF SALINA, KANSAS
By
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EASB.ENT A COUISITION
OWNER: F & F ENTERPRISES INC.
2212 VILLAGE LN
SALINA, KS 67401
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LOT 4, BLK 10,
RIVERSIDE PARK
ADD/770N
-----------------------------------
LOT 5, BLK 10,
RIVERSIDE PARK
AODI770N
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LEGAL DESCRIPTION:
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lHE EAST 5' OF LOT FI'Æ (5).1.. pLOCK TEN (10\ RIVERSIDE PARK ADDIl1ON, IN lHE CITY OF SAUNA, SAUNE COUNTY, KANSAS.
SAID TRACT CONTAINS 250 S'C,¡uARE FEET, ~0It1:. OR LESS.
Exhibit A
PERMANENT EASEMENT
THIS INDENTURE, made this - day of , 1997, by and between F & F
Enterprises, Inc., a Kansas corporation, (the "Grantor"), and the City of Salina, Kansas, a municipal
corporation, (the "City").
WITNESSETH: The Grantor for good and valuable consideration, the receipt and
sufficiency of which are 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 on Exhibit A attached to this Permanent Easement, for all rights
of ingress and egress of the City, its servants, officers, employees, contractors, and franchisees, for
purposes of constructing and maintaining street drainage and sidewalk improvements, in perpetuity.
IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement the day and
year first above written.
F & F Enterprises, Inc.
By:
[Name]
[Title]
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this - day of , 1997, before me, the
undersigned a notary public in and for the county and state aforesaid, came
of F & F Enterprises, 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 WHEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year last above written.
Notary Public
[A real estate sales validation questionnaire is not required pursuant to KS.A 79-1437e(a)(13)]
Exhibit B
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EASB.ENT A COUISITION
OWNER: F & F ENTERPRISES INC.
2212 VILLAGE LN
SALINA, KS 67401
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LOT 4, BLK 10,
RIVERSIDE PARK
ADDI770N
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LOT 5, BLK 10,
RIVERSIDE PARK
ADDI770N
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LEGAL DESCRIPllON:
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THE EAST 5' OF LOT A'Æ (51.. pLOCK 1EN (1°1.. RIVERSIDE PARK ADOI1lON, IN THE OTY OF SAUNA, SAUNE COUNTY, KANSAS.
SAID TRACT CONTAINS 250 S"<.NARE FEET, t,¡OftI:. OR lESS.
Exhibit A
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CONSENT TO EASEMENT
The uridersigned Mortgagee, consents to the grant of an easement by the Mortgagor to the
City of Salina, Kansas (the "City"), as follows:
1.
The name of the Mortgagor is F & F Enterprises, Inc.
2.
The name of the Mortgagee is Security Savings Bank, F.S.B.
3. A Mortgage dated June 12, 1995, was recorded June 13, 1995, at Book 508 of
Mortgages, pages 65-80 ofthe records of the Register of Deeds of Saline County, Kansas.
4. Mortgagor intend to convey to the City a permanent easement (the "Easement") for
the purpose of constructing and maintaining street drainage and sidewalk improvements in perpetuity.
The Easement is more particularly described on the Engineering Drawings attached as Exhibit A to
this Consent to Easement.
5. This Consent to Easement shall not affect the mortgage lien as it applies to the
property described in the Mortgage.
Dated tIIisJ?/2 ~y of R'B""':: ' 1997.
STATE OF KANSAS }~ I + FILED FOR RECORD Security Savi
COUNTY OF SALINE "IV -4-- IN MYOFFICEAT
t~),CLOCK 2 1997 AND DULY
ZLM. OCT - RECORDED By:
~~TPAG~~
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STATE OF £}lnDOW , ~lJ-~J COUNTY, ss:
BE IT REMEMBERED, that on this~ day of Ûu~IJ.~ , 1997, before me, the
undersigned, a notary public in and for the county and state aforesaId, came
.£i'p.n £¡' elJeI he I'~Pf" , 811. Y(~.It pJ1 o..d.d OJ. 1- of Security Savings
Bank, F.S.B., who is personally known to me to be the same person who executed the foregoing
Consent to Easement on behalf of the mortgagee and duly acknowledged the execution of the same as
the act of the mortgagee.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the
day and year last above written.
4Q QAL
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Notary ublic
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EASB.ENT A COUISITION
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OWNER: F & F ENTERPRISES INC.
2212 VILLAGE LN
SALINA, KS 67401
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LOT 4, BLK 10,
RIVERSIDE PARK
ADD/770N
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LOT 5, BLK 10,
RIVERSIDE PARK
ADDITION
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LEGAL DESCRIPTION:
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lHE EAST 5' OF LOT Ft'Æ (5). BLOCK 1EN (10)... RIVERSIDE PARK ADDI11ON, IN lHE CITY Of SAUNA, SALINE COUNTY, KANSAS.
SAID TRACT CONTAINS 250 SQUARE FEET, ~0It1:. OR lESS.
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Exhibit A