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PERMANENT EASEMENT
TIllS INDENTURE, made this i Cjth- day of August, 1997, by and between Arthur D.
Porter, Sr., Trustee of The Arthur D. Porter, Sr., Revocable Trust, dated October 29, 1996, (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.
STATE OF KANSAS l t./
COUNTYOFSALINE! N
IO:.sJJZaClOCK SEP f) 9 1997 AND DULY
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STATE OF KANSAS, SALINE COUNTY, ss:
FILED FOR RfCORD
IN MYOFFICEAT
THE ARTHURD. PORTER, SR., REVOCABLE
TRUST, DATED OCTOBER 29, 1996
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Arthur D. Porter, Sr., Trustee
BE IT REMEMBERED, that on this i 9~ day of August, 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Arthur D. Porter, Sr.,
Trustee of The Arthur D. Porter, Sr., Revocable Trust, dated October 29, 1996, 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.
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l~ STATE OF KANSAS J'"'
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v' 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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EASEMENT ACOUISITION
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OWNER: PORTER. ARTHUR D. SR, REVOCABLE TRUST
244 N OHIO
SAUNA. KS 67401
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lHE WEST S' Of LOT ONE (1), BLOCK ONE (1), RI'ÆRVlEW ADDITION, IN lHE aTY OF SAUNA, SALINE COUNTY. KANSAs.
SAID lRACT CONTAINS 1050 sqUARE 'FEET, MORE OR LESS.
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Exhibit A
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AGREEMENT
This Agreement is made this Jq~ay of August, 1997, by and between Arthur D. Porter,
Sr., Trustee of The Arthur D. Porter, Sf., Revocable Trust, dated October 29, 1996, hereinafter
referred to as the "Owner," and the City of Salina, Kansas, a municipal corporation, hereinafter
referred to as the It City. It
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 inc{)rporated as Exhibit A (the
"Property") .
2. Compensation. The City agrees to pay the Owner upon closing the total sum of
One Thousand Seventy-four Dollars and No Cents ($1,074.00) for the permanent easement
consisting of the following:
Permanent Easement
(1,050 square feet at $1.00 per square feet)
$1,050.00
Damages to remaining property
(Loss of two steel posts $24)
24.00
Total Compensation
$1,074.00
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.:29':61997. 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 t~rms ()f 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 ARTHUR D. PORTER, SR., REVOCABLE
TRUST DATED OCTOBER 29, 1996
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Arthur D. Porter, Sf., Trustee
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CITY OF SALINA, KANSAS
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EASEMENT A COUISITION
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OWNER:
PORTER, ARTHUR D. SR, REVOCABLE TRUST
244 N OHIO
SALINA, KS 67401
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lHE WEST 5' Of LOT ONE (1), BLOCK ONE (1), RI'ÆRVlEW ADDIllON, IN lHE aTY OF SAUNA, SAUNE COUNTY, KANSAS.
SAID TRACT CONTAINS 1050 SQUARE FEET, MORE OR LESS.
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Exhibit A
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PERMANENT EASEMENT
TIllS INDENTURE, made this - day of August, 1997, by and between Arthur D.
Porter, Sr., Trustee of The Arthur D. Porter, Sr., Revocable Trust, dated October 29, 1996, (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 ARTHUR D. PORTER, SR., REVOCABLE
TRUST, DATED OCTOBER 29, 1996
By:
Arthur D. Porter, Sr., Trustee
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 Arthur D. Porter, Sr.,
Trustee of The Arthur D. Porter, Sr., Revocable Trust, dated October 29, 1996, 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
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EASEMENT ACOUISITION
29
OWNER:
PORTER, ARTHUR D. SR, REVOCABLE TRUST
244 N OHIO
SAUNA, KS 67401
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lHE WEST s' Of LOT ONE (1). BLOCK ONE (1). RlVERVIEW ADDI1lON, IN lHE aTY OF SAUNA, SAUNE COUNTY. KANSAs.
SAID lRACT CONTAINS 1050 SQUARE FEET, MORE OR LESS.
Exhibit A
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