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Lot 10, Block 10 ... , ",;- M"~. R~ I" "" Pg :il:fL- SfAflOFKANSAS l C/ ~ \ FILED FOR RecoRD COUNTY Of SALINE 1 ss. Jv IN MYQFFICEAT IO.~f1CiÞCK S£P ? 9 1997 AND DULY IIwt ~ -- '-10/1'1- <W . 'TP~~!!P PERMANENT EASEMENT THIS INDENTURE, made this ~ day of August, 1997, by and between Clara A. Teach, 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 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. u~ Av~~ Clara A. Teach STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this I }-btv day of August, 1997, before me, the undersigned, a notary public in and for the county and state aforesaid, came Clara A. Teach, 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. ,""'""'-"- ~........ -. ._="~."'-"^- I. ;~j1£.E.~~ I 9 <~ ~bliC l;~~~.:."~X~¡~:s,J:2' '.2! ¡ James Swedlund [A real estate sales validation questionnaire is not required pursuant to KS.A. 79-1437e(a)(13)] Exhibit B I I I I I I .~ I-.: !~ V) Q:: .Vj'iì ~ I~ ;t jI- G . r-.:- I .~ II:::: .~ I~ i~ i~ ----------------------------------- ",- tJISI11 ~~ I IC) LOT 11, BU< 10, : ~ jÞ) RIVERSIDE PARK I ~ .~ ADDIT70N I . !i!:: I~ I~ r .<1) ------------------------------------l~ !~ I !~ I 1-- I ...... I .1- !~ I I I . .~ ... 8 EASEUENT ACOUISIOON OYft.JER: TEACH, CLARA A. 221 N OHIO SAUNA, KS 67401 I I I I I I I I I ------------------------------------1 I I I I r I I I I I I . I LOT 9, BU< 10, RIVERSIDE PARK ADDIT70N ----------------------------------- LOT 10, BLK 10, RIVERSIDE PARK ADDIT70N ~p LEGAL DESCRIPTION: Mi~~- ~( 111.Ít p1.<l1 D- 0 .q- II s: ~ ..-- ~ lHE EAST S'OF LOT lEN (10), BLOCK TEN (10), RIVERSIDE PARK ADDITION, IN lHE OTY OF SAUNA. SAUNE COUNTY, KANSAs. SAID TRACT CONTAINS 250 SQUARE FEET, MORE OR L£SS. II "--\u..co~,, ~ ~ /. r¡,D ~(4:1 1(, 'JVI;'1..<' -(',)1..... Exhibit A -.: AGREEMENT This Agreement is made this ~day of August, 1997, by and between Clara A. Teach, a single person, 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 Grantor a permanent easement in, through, over, and across a certain portion of land owned by the Grantor 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 property to be conveyed by the Owner to the City shall be as legally described on the Engineering Drawing attached and incorporated as Exhibit A (the "Property") . 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. Documents. The Owner 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 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. 5. 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. 6. Closing. Closing shall take place on or before August ~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. 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" e(ð'lA.¿ A t r ~ Clara A. Teach Social Sec. /Tax ID No. ~.2"3- '31> -? fJj f:1 CITY OF SALINA, KANSAS By ~ h... Dennis M. Kissinger, -2- I I I I I I .~ I-.: !~ V) IQ:: 'V)' ~ I~ :;r:: i I- G .......... I .~ Ii=::: .~ I~ i~ i~ ----------------------------------- ",- tJISI11 ~~ I IC)- LOT 11, BU< 10, I ~ iÞ) RIVERSIDE PARK I ~ .~ ADDIT70N . - !i!:: I~ I~ I .<1) ------------------------------------l~ !~ I !~ I ,-- I ...... I .1- !~ I I I 8 EASEMENT AOOUISI11ON OYft.JER: TEACH, CLARA A. 221 N OHIO SAUNA, KS 67401 I I I I I I I I I ------------------------------------1 I I I I I I I I I I I I LOT 9, BLK 10, RIVERSIDE PARK ADD/T70N ----------------------------------- LOT 10, BLK 10, RIVERSIDE PARK ADD/T70N .. ::... ~ :~~: ft1 LEGAL DESCRIPTION: 0 .q- II s: !II ..-- I lHE EAST 5' OF LOT lEN (10), BLOCK TEN (10), RIVERSIDE PARK ADDITION, IN lHE aTY OF' SAUNA. SAUNE COUNTY, KANSAS. SAID TRACT CONTAINS 250 SQUARE FEET, MORE OR LESS. Exhibit A -----'> ~ PERMANENT EASEMENT THIS INDENTURE, made this - day of August, 1997, by and between Clara A. Teach, 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 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. Clara A. Teach STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this - day of August, 1997, before me, the undersigned, a notary public in and for the county and state aforesaid, came Clara A. Teach, 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 I I I I .~ ~ !~ V) Q:: 'c,)' ~ I~ ::t::: i l- e:) . r-.:- I .~ IJ:::: .~ I~ i~ i~ ----------------------------------- .',- tJISI11 ~~ I 10 LOT 11, BU< 10, I ~ ¡þ) RIVERSIDE PARK I ~ .~ ADDIT70N . !i!:: I~ I~ I .<1) ------------------------------------l~ !~ : !~ I 1-= I -..I I .1- !~ I I . . 8 EASEMENT ACOUISfT1ON OYft.JER: TEACH, CLARA A. 221 N OHIO SAUNA, KS 67401 I I I I I I I I I ------------------------------------1 I I I I I I I I I I I I LOT 9, BLK 10, RIVERSIDE PARK ADDIT70N ----------------------------------- LOT 10, BLK 10, RIVERSIDE PARK ADD1770N .. ::... C) .:.:. C) ll) :~:: Ie) LEGAL DESCRIPTION: 0 .q- II s: ~ ..-- ~ lHE EAST 5' OF LOT lEN (10), BLOCK TEN (10), RIVERSIDE PARK ADDITION, IN lHE CITY OF SAUNA. SAUNE COUNTY, KANSAS. SAID TRACT CONTAINS 250 SQUARE FEET, MORE OR LESS. Exhibit A