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Lot 9, Block 17 (West) ...~" 1~' PERMANENT EASEMENT THIS INDENTURE, made this 2nd day of October, 1989, by and between LENA M. CURRIER, a widow (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: The South Five Feet (S 5') of the West Fifty Feet (W 50') of the East Ninety-Five Feet (E 95') of Lot Nine (9), Block Seventeen (17) of South Park Addition to the City of Salina, Saline County, Kansas, containing 250 square feet, more or less, 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 2nd day of October, 1989. L'\I<) om. ~~ Lena M. Currier STATE OF KANSAS, SALINE COUNTY, ss: The foregoing instrument was acknowledged before me this 2nd day of October, 1989, by Lena M. Currier, a widow. ~ .. JAMES SWEOlUND ~ NOTARY PUBLIC . . STATE OF KANSAS MY APPT. EXPIRES :3 .--::< (;,.- q I dr~~v hJ2RLuu R Not ry Public '----- James Swedlund # fß oft ~ STATE OF KANSAS }" /~ 1\ COUNTY OF SALINE S!,,(jV) FILED FOR RECORD IN MY OFFICE ON ocr 3 1 1989 AT '/. :e!?o'CLOCK!M. ANQ)lUL Y RECO~~ J .~ ~~~~T PAG SI -/)-)" j. ~G. OF DEEDS AGREEMENT This Agreement is made this 2nd day of October, 1989, by and between LENA M. CURRIER, a widow, hereinafter referred to as "Grantor," and the CITY OF SALINA, KANSAS, a municipal corporation, hereinafter referred to as the "City." RECITALS (1). The City, in conjunction with the Ninth Street and Crawford Avenue 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). Description. The interest to be conveyed by the Grantor to the City shall be a permanent easement in, through, over, and across real estate owned by the Grantor, more particularly described as follows: The South Five Feet (S 5') of the West Fifty Feet (W 50') of the East Ninety-Five Feet (E 95') of Lot Nine (9), Block Seventeen (17) of South Park Addition to the City of Salina, Saline County, Kansas, containing 250 square feet, more or less. (B). Compensation. The City agrees to pay the Grantor upon closing the total sum of six Hundred Fifty Dollars ($650) for the permanent easement consisting of the following: 1. Permanent easement limited to sidewalk and public utilities of 250 square feet, currently zoned R-1 at $1.00 per square foot $250.00 2. Damages to remaining property ,,' a. General damages to remaining property result- ing from permanent easement $400.00 Total Damages to Remaining Property Total Compensation $400.00 $650.00 (C). Permanent Easement Document. The Grantor agrees that the shall be conveyed to the City by Grantor's execution and delivery to the City of a Permanent Easement 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 the permanent easement 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. Closing shall take place on or before the 16th day of October, 1989. At closing the Grantor shall: 1. deliver to the City the fully executed and acknowledged Permanent Easement document, 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 number or tax identification number, 5l3-56-5809 at which time the City shall pay Grantor the total compensation set forth in paragraph (B) above. (G). Nonassiqnable. Grantor's rights under this Agreement shall not be assigned without the prior written consent of the City. - 2 - (H). Binding 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. GRANTOR -1 \. r~_"",, '~ > ~ Lena M. Currier CITY OF SALINA, KANSAS By £2 Dennis M. - 3 - PERMANENT EASEMENT THIS INDENTURE, made this day of , 1989, by and between LENA M. CURRIER, a widow (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: The South Five Feet (S 5') of the West Fifty Feet (W 50') of the East Ninety-Five Feet (E 95') of Lot Nine (9), Block Seventeen (17) of South Park Addition to the City of Salina, Saline County, Kansas, containing 250 square feet, more or less, 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 , 1989. Lena M. Currier STATE OF KANSAS, SALINE COUNTY, ss: The foregoing instrument was acknowledged before me this day of , 1989, by Lena M. Currier, a widow. Notary Public EXHIBIT ., , 1\ H'