Loading...
Lot 9, Block 13 #. " Mbc. BfI .1./;"0 P, 9/7 .. , f/ PERMANENT BAS DENT THIS INDENTURE, made this i7tfó.- day of Cv.MA~ , 1991, by and between Wendell B. Petersen, a single ~rson and Linda S. Gruber, a single person (the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation (the "City"). WITNESSETH: The Grantor for a good and valuable consideration, the receipt and sufficiency of which is 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 as follows: A parcel in a tract of land designated as the West 70.00 feet of Lot Nine (9), Block Thirteen (13), South Park Addition to the City of Salina, Saline County, Kansas described as follows: Beginning at the Southwest corner of said Lot Nine (9); thence North along the West line of said Lot Nine (9) a distance of 6.00 feet; thence in a Southeasterly direction to a point on the South line of said Lot Nine (9) a distance of 8.48 feet; thence West along the South line of said Lot Nine (9) a distance of 6.00 feet to the point of beginning. for all rights of ingress and egress of the City, its servants, officers, employees, contractors, and franchisees, for the purpose of installing, repairing, replacing, and maintaining public utilities, public sidewalk, and street signage, in perpetuity. IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement this 17-th.- day of crL/~1\J- , 1991. ¿ 1 J ~1' ~ r3 {J/¡;;ì4LW Wendell~ . Petersen ~/þ~.- J AM{lu;~, Linda S. Gruber STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this I~ day of C'VLru.cJ2 . , 1991, before me, the undersigned, a notary public in and1i~~~he county and state aforesaid, came Wendell B. Petersen, 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. ~' '. " ~ Mhc.8. /.50 P, q /ç( .;. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. -"-'--'- ..,,~-------~ '"--"~ ~- JAMES SWEDLUND ' NOTARY PUBLIC STATE OF KANSAS MY APPT. exPIRES i1~Å/ .~ ( Notary Public STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this I~ day of Q~ , 1991, before me, the undersigned, a notary public in ana for the county and state aforesaid, came Linda S. Gruber, 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. -~--iNiËS-3V¡f üL U-Ñ õ"-."'- A f NOTARV PUBLlC IIIi'iJI iTATE Of AAHSAS- lAY AI'Pf. mcP,ass ::> -2" - c¡ qCiMU~ k¡¿&~ C Notary-Public 6TATE OF KANSAS ~ 1( tJ ) COUNTY OF SALINE) - fiLED FOR RECORD IN MY FFICE OM OCT - 8 \991 AT ,!'~o'cLoc8. A ~~L . ULY RECORDED -/ . T PAGF111-r I ~ RFr. n : nç :l"'" -2- )J oj g ~~../ v AGREDENT b TdhbistAgreemwentd 1l'sl mBadpe tthiS jÎ~ d1aYgIOefp~~and G~u~~r, : :!~~lee~e~son, 'he~e!~:~~~rar:~~rred I~ as the "Grantor," and the CITY OF SALIn, DIfSAS, a municipal corporation, hereinafter referred to as the "city." , 1991, Linda S. RECITALS 1. The City, in conjunction with the Crawford 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 installing, repairing, replacing, and maintaining public utilities, public sidewalk, and street signage, in perpetuity, hereinafter referred to as the "permanent easement". 2. The City has caused the permanent easement to be acquired to be appraised and has negotiated a purchase price with the Grantor all in the manner prescribed in Title III of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970. 3. It is the desire of the Grantor 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: A. DescriDtion. The interest to be conveyed by the Grantor to the City shall be public permanent easement in, through, over, and across real estate owned by the Grantor more particularly described as follows: 1. Permanent Easement: A parcel in a tract of land designated as the West 70.00 feet of Lot Nine (9), Block Thirteen (13), South Park Addition to the City of Salina, Saline County, Kansas described as follows: Beginning at the Southwest corner of said Lot Nine (9); thence North along the West line of said Lot Nine (9) a distance of 6.00 feet; thence in a Southeasterly direction to a point on the South line of said Lot Nine (9) a distance of 8.48 feet; thence West along the South line of said Lot Nine (9) a distance of 6.00 feet to the point of beginning. B. ComDensation. The City agrees to pay the Grantor upon closing the total sum of sixty-eight and no/100 Dollars ($68.00) for the permanent easement, consisting of the following: 1. Permanent Easement $18.00 (18.00 sq. ft. at $1.00 per sq. ft.) 2. Damages to remaining property (reduced utility) Total compensation 50.00 $68.00 C. Permanent Easement Documents. The Grantor 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 "A" to this Agreement. The permanent easement shall be recorded by the City with the office of the Saline County Register of Deeds, at the City's expense. D. Covenant of Title. Grantor covenants that Grantor is the lawful owner of the real estate described in paragraph (A) above and that the real estate is not subject to any contract for sale or other liens and encumbrances except: None. E. Consent to Easement. In those cases where by permanent easement described in paragraph (A) is subject to mortgage or other liens or encumbrances, the Grantor 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 City's expense. F. Closinq. ~.2ÓI ILl'll 1. deliver acknowledged Closing shall take place on or before At closing the Grantor shall: to the City the fully executed and permanent easement documents, 2. deliver to the City any necessary consent to easement documentation, 3. provide the City with any other necessary information such as Grantor's current mailing address and social security numbers, at which time the City shall pay Grantor the total compensation set forth in paragraph (B) above. -2- G. Nonassiqnable. Grantor's rights under this Agreement shall not be assigned without the prior written consent of the city. H. Bindinq Effect. The terms of this Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, and assigns of the parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. év~~ y¿ Jd{1 t3 pp~'t¿ Wendell B. Petersen. Social Sec. No., 57 J-- ð 9~ /" ¿ ¿ \A~~,-.>rJ j!j/Lüi~ '--- Linda S. Gruber Social Sec. No. 'S(,")~-'S~;2- ý'F'f-ลก- CITY OF SALINA, KANSAS ~K By . (11, . .L . Denn1s M. K1ssing r,~~ 7-[ City Manager -3- PERMANENT BAS DENT THIS INDENTURE, made this day of , 1991, by and between Wendell B. Petersen, a single person and Linda S. Gruber, a single person (the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation (the "city"). WITNESSETH: The Grantor for a good and valuable consideration, the receipt and sufficiency of which is 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 as follows: A parcel in a tract of land designated as the West 70.00 feet of Lot Nine (9), Block Thirteen (13), South Park Addition to the City of Salina, Saline County, Kansas described as follows: Beginning at the Southwest corner of said Lot Nine (9); thence North along the West line of said Lot Nine (9) a distance of 6.00 feet; thence in a Southeasterly direction to a point on the South line of said Lot Nine (9) a distance of 8.48 feet; thence West along the South line of said Lot Nine (9) a distance of 6.00 feet to the point of beginning. for all rights of ingress and egress of the City, its servants, officers, employees, contractors, and franchisees, for the purpose of installing, repairing, replacing, and maintaining public utilities, public sidewalk, and street signage, in perpetuity. IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement this day of , 1991. Wendell B. Petersen Linda S. Gruber STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this day of , 1991, before me, the undersigned, a notary public in and for the county and state aforesaid, came Wendell B. Petersen, 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. Exhibit A . . IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. Notary Public STATE OF KANSAS, SALINE COUNTY, ss: BB IT REMEMBERED, that on this day of , 1991, before me, the undersigned, a notary public in and for the county and state aforesaid, came Linda S. Gruber, 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 -2-