Lot 10, Block 17
.... lit I J/./n " .i.:l..é-
PERMANENT EASEMENT
THIS INDENTURE, made this 21 day of ~J , 1990, by
and between CONNIE J. ASBRIDGE, a single person, ARTHUR J.
LOUX, a single person (the "Grantor"), and the CI 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 Seven Feet (S 7') of the West Fifty Feet
(W 50') of Lot Ten (10), Block Seventeen (17) of South
Park Addition to the City of Salina, Saline County,
Kansas, containing 350 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
Ease~~nt th~' .if day of ,) ~, 1990.
;:STATE OF KANSAS }, /J
COUNTY OF SALINE
RLED FOR RECORD I N MY OFFICE
ON fEB 2. 31990 AT
~~pæ.æ~
STATE OF KANSAS, SALINE
this Permanent
COUNTY, ss:
The foregoing instrument was acknowledged before me
1-- t day of J~, 1990, by Connie J. Asbridge, a
person.
-----
\-.. . l'i~.:i..T.A. alE
, of KansaS
> d I 7, 1992
-~., . .....~..._. - .-' .,-"
this
single
Notary )7~ ~/
\ J J,::!:~ CONSTABLE
À . .; . S.,Jte of Kansas
~:-, .'. ¡rJò May 7. 1992
~o,~
STATE OF KANSAS, SALINE COUNTY, ss:
Subscribed and sworn to before me this ~ f day of
£ß~tgmbar, 1990, by Arthur J. Loux, a single person.
J~ 0 Cl. ~
NO~y~blic
AGREEMENT
This Agreement is made this d 7 day of J¡:V'I(Il¿...f , 1990,
by and between CONNIE J. ASBRIDGE, a single person, ánd ARTHUR J.
LOUX, a single person, hereinafter referred to as the "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 Seven Feet (S 7') of the West Fifty Feet
(W 50') of Lot Ten (10), Block Seventeen (17) of South
Park Addition to the City of Salina, Saline County,
Kansas, containing 350 square feet, more or less.
(B). Compensation. The City agrees to pay the Grantor upon
closing the total sum of $3,075.00 for the permanent easement
consisting of the following:
1.
Permanent easement
limited to sidewalk
and public utilities
of 350 square feet,
currently zoned C-5
at $5.00 per square
foot
$1,750.00
2.
Damages to remaining
property:
a.
general damages
to remaining
property result-
ing from permanent
easement
$1,325.00
Total Damages to
Remaining Property
Total Compensation
$1. 325.00
$3,075.00
(C). Permanent Easement Document. 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
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 or temporary construction 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.
/
(~~~ o~l°f.t~~~~.
Closing shall take place on or before the
, 1990. 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 partial mortgage
release or other lien release documentation,
3.
deliver to the City any necessary consent to easement
documentation,
. ,
4.
provide the city with any other necessary information
such as Grantor's current mailing address and social
security number or tax identification number,
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.
(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.
GRANTOR
/ ' u.
.t:;}:¡ 4~ ( "j.( .~
Arthu~ ',. ..
CITY OF SALINA, KANSAS
By
~A,¡:::~ ~I'ft.
. .
PERMANENT EASEMENT
THIS INDENTURE, made this day of , 1990, by
and between CONNIE J. ASBRIDGE, a single person, and ARTHUR J.
LOUX, 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:
The South Seven Feet (S 7') of the West Fifty Feet
(W 50') of Lot Ten (10), Block Seventeen (17) of South
Park Addition to the city of Salina, Saline County,
Kansas, containing 350 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 .,2 9' day of 0 ~~~ , 1990.
/ ¿;;:/ .,L
STATE OF KANSAS, SALINE COUNTY, ss:
The forego'ng instrument was acknowledged before me
~~ day of , 1990, by Connie J. Asbridge, a
~n.
\ J JUNE CONSTABLE
, - ',,1 Kansas , '7
Notaryf-'ur,:,c-,O';-. /19,2 -- -;/
~::; ~ ;;~. MY Appt. =0;'."'-" ,../ ' (7 ,,// ~. - ..4'/
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- , - ../ .A:~
Notary ~~-
this
single
STATE OF KANSAS, SALINE COUNTY, ss:
Subscribed and sworn to before me this~)7 day of
~~~r, 1990, by Arthur J. Loux, a single person.
NotarY~?~ ~
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