Lot 12, Block 10
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PERMANENT EASEMENT
THIS INDENTURE, made this 4..¿¿,... day of September, 1997, by and between Ethel Irene
Miller, Trustee of The Ethel Irene Miller Trust, dated February 1, 1993, (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.
The Ethel Irene Miller Trust, dated February 1, 1993
By:
P.4zd U~ Ì11 dk Jtù~~
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Ethel Irene Miller, Trustee
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this &~ day of September, 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Ethel Irene Miller,
Trustee of The Ethel Irene Miller Trust, dated February 1, 1993, 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 Trust.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year last above written.
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JMAæ SWãJrWND
NOTARY PUBLIC
STATE OF KANSAS
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Notary Public
James Swedlund
[A real estate sales validation questionnaire is not required pursuant to KS.A. 79-1437e(a)(13)]
STATE OF KANSAS } Gill "LfDFORRlCORD
COUNlYOFSALlNE ss'/V IN MYOFFICEAT
I O£~CLOCK OCT - 3 1997 AND DULY
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EASEUENT A COUISIl1ON
10
OWNER: MILLER, ETHEL IRENE TRUST
315 N WALNUT
SOLOMON, KS 67480
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LOT 12, BLK 10,
RIVERSIDE PARK
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LOT 13, BLK 10,
RIVERSIDE PARK
ADDITION
LEGAL DESCRIPTION:
lHE EAST 5' OF LOT lVt'ELVE (12t BLOCK TEN (tot RIVERSIDE PARK ADDITION, IN lHE CITY Of SAUNA. SAUNE COUNTY, KANSAS.
SAID TRACT CONTAINS 250 sOOARE FEET, MÖRt OR LESS.
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Exhibit A
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AGREEMENT
This Agreement is made this ~ay of September, 1997, by and between Ethel Irene
Miller, Trustee of The Ethel Irene Miller Trust, dated February 1, 1993, 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. 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.
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 beforeť> fIP-f-6; 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"
THE ETHEL IRENE MILLER TRUST
DATED FEBRUARY 1,1993
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By: c.~ ~ J- "I~' :,L~
Ethel Irene Miller, Trustee
Soc Sec./Tax ill No. 5' J:J.. - lj..~- b~h <:P
CITY OF SALINA, KANSAS
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EASEUENT A COUISIl1ON
OWNER: MILLER, ETHEL IRENE TRUST
315 N WALNUT
SOLOMON, KS 67480
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LOT 12, BLK 10,
RIVERSIDE PARK
ADDITION
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LOT 13, BLK 10,
RIVERSIDE PARK
ADDITION
LEGAL DESCRIPTION:
lHE EAST 5' OF LOT TWELVE (12). BLOCK TEN (10t RIVERSIDE PARK ADDITION, IN lHE CITY Of SAUNA, SAUNE COUNTY, KANSAS.
SAID TRACT CONTAINS 250 SQ\J~E FEET, MORE:' 00 LEss.
Exhibit A
. .
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PERMANENT EASEMENT
THIS INDENTURE, made this - day of September, 1997, by and between Ethel Irene
Miller, Trustee of The Ethel Irene Miller Trust, dated February 1, 1993, (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,
The Ethel Irene Miller Trust, dated February 1, 1993
By:
Ethel Irene Miller, Trustee
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this - day of September, 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Ethel Irene Miller,
Trustee of The Ethel Irene Miller Trust, dated February 1, 1993, 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 Trust.
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.4ENT A COUISIl1ON
OWNER: MILLER, ETHEL IRENE TRUST
315 N WALNUT
SOLOMON, KS 67480
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LOT 12, BLK 10,
RIVERSIDE PARK
ADDITION
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LOT 13, BLK 10,
RIVERSIDE PARK
ADDITION
LEGAL DESCRIPTION:
lHE EAST 5' OF LOT lVt'ELVE (121 BLOCK TEN (10t RIVERSIDE PARK ADDITION, IN THE CITY Of SAUNA. SAUNE COUNTY, KANSAS.
SAID TRACT CONTAINS 250 SC1J~E FEET, MORt Of{ LESS.
Exhibit A