Lot 6, Block 10
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PERMANENT EASEMENT
THIS INDENTURE, made this 2Jd) dayof~, , 1997, by and between Hennan
S. Porter, a single person, (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 pennanent easement in, through, over, and across a certain portion of land owned by the
Grantor, more particularly described on Exhibit A attached to this Pennanent 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 Pennanent Easement the day and
year first above written.
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Hennan S. Porter
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this .211..\\ day of C»-~- , 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Hennan S. Porter, a
single person, 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.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year last above written.
~~~~
t Notary PublIc
James Swedlund
[A real estate sales validation questionnaire is not required pursuant to KS.A. 79-1437e(a)(13)]
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- STATE OF KANSAS ~
MY .APPT'I/!)(P!~~~ ~:'2j,;;1~.....J
STATEOFKANSAS} CJ. t FIlEDFORRfCORD
COUNTY OF SAli NE 55. N IN MYOFFICEAT
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4;.M. LOCI\ OCì -. 3 1997 ~
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. REG.OFDEEDS
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EASEMENT ACOUISITION
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OWNER: PORTER, HERMAN S.
241 N OHIO
SAUNA, KS 67401
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LOT 5. BLK 10,
RI'ÆRSIDE PARK
ADDITION
LOT 6. BLK 10.
RI'ÆRSlDE PARK
ADD/TlON
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LEGAL DESCRIPTION:
THE EAST 5' OF LOT SIX (6). ØlOCK TEN (10). RIVERSIDE PARK ADDmON, IN THE CITY OF SAUNA, SAUNE COUNTY, KANSAS.
SAID TRACT CONTAINS 250 SQUARE FEET, )daRE OR LESS.
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Exhibit A
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AGREEMENT
This Agreement is made this,2~AAlay of ~{~.- , 1997, by and between Hennan
S. Porter, a single person, hereinafter referred to as th "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 pennanent 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 pennanent 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
Nine Hundred Forty-eight Dollars and 25/100 Cents ($948.25) for the penn anent easement
consisting of the following:
Permanent Easement
(250 square feet at $1.00 per square feet)
$250,00
Damages to remaining property
(55' chain link fence $248,25;
moving 45' ornamental steel fence $450)
698.25
Total Compensation
$948.25
3. 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 pennanent 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.
4. 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 Bank IV Kansas, N,A., dated December 12, 1995,
and recorded December 13, 1995, in Mortgage Book 518, pages 275-280; assigned to Boatmen's
National Mortgage, Inc., in Mortgage Book 533, page 149 of the Register of Deeds office of
Saline County, Kansas.
5. Consent to Easement. In those cases where the pennanent 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,
6. Closing. Closing shall take place on or before WI,! ~
the Owner shall:
, 1997. At closing
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 infonnation 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.
7. Nonassignable. Owner's rights under this Agreement shall not be assigned
without the prior written consent of the City.
8. 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"
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Herman S. Porter
Social Sec, /Tax ill No. .t:; o9'-~C' -~ (J L ~
CITY OF SALINA, KANSAS
By
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EASEUENT ACOUISITION
OWNER: PORTER, HERMAN S.
241 N OHIO
SAUNA, KS 67401
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LOT 5. BLK 10.
RI'ÆRSlDE PARK
ADDITION
LOT 6. BLK 10.
RI'ÆRSlDE PARK
ADDITION
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LEGAL DESCRIPTION:
THE EAST s' OF LOT SIX (6). BlOCK TEN {10t RIVERSIDE PARK ADDIl1ON, IN THE CITY OF SAUNA, SAUNE COUNTY, KANSAS.
SAID TRACT CONTAINS 250 SQUARE FEET. 'MORE OR LESS.
Exhibit A
PERMANENT EASEMENT
THIS INDENTURE, made this - day of , 1997, by and between Hennan
S. Porter, a single person, (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 pennanent easement in, through, over, and across a certain portion of land owned by the
Grantor, more particularly described on Exhibit A attached to this Pennanent 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 Pennanent Easement the day and
year first above written.
Hennan S, Porter
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 Hennan S. Porter, a
single person, 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,
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
5
EASEMENT ACOUISITION
OWNER: PORTER, HERMAN S.
241 N OHIO
SAUNA, KS 67401
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RI'ÆRSlDE PARK
ADDITION
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RI'ÆRSlDE PARK
ADD/TlON
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LEGAL DESCRIPTION:
THE EAST s' OF LOT SIX (6). BLOCK TEN (10). RIVERSIDE PARK ADDI11ON. IN THE CITY OF SAUNA. SAUNE COUN1Y, KANSAS.
SAID TRACT CONTAINS 250 SQUARE FEET, MORE OR lESS.
Exhibit A