Lot 16, Block 4
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PERMANENT BAS DENT
THIS INDENTURB, made this J1b!-- day of ~... , 1991, by
and between ASHTON BROTHERS GROCERY AND LOC~INC., a Kansas
corporation (the "Grantor"), and the CITY OP 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 Lot sixteen
(ló), Block Four (4), Southern Heights Addition to the
City of Salina, Saline County, Kansas described as
follows:
Beginning at the Northwest corner of said Lot Sixteen
(16); thence East along the North line of said Lot
sixteen (16) a distance of 10.00 feet; thence in a
Southwesterly direction to a point on the West line of
said Lot sixteen (16) a distance of 14.14 feet; thence
North along the West line of said Lot sixteen (16) a
distance of 10.00 feet to the point of beginning.
The above described parcel of land contains 50.00 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 WHEREOP, the Grantor has signed this Permanent
Easement this FlU, day of (fú~d. , 1991.
ASHTON BROTHERS GROCERY AND
LOCKERS, INC.
BY~) /
COUNTY, ss:
STATE OF KANSAS, SALINE
BE IT RDEKBERED, that on this ICfb~ day of ~~- , 1991,
before me, the undersigned, a notary public in an for the county
and. state aforesaid, came ~ G./J~ who is
p~ for Ashton Brothers Grocery and Lockers, Inc.
who is personally known to me to be the same person who executed
the above and foregoing instrument of writing on behalf of said
corporation and duly acknowledged the execution of the same.
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:IN W:ITNESS WHEREOP, I have hereunto subscribed my name and
affixed my official seal the day and year last above written.
~. JAMES SWEDlUHO
nat'ARY PUBLIC
ITA TE OF KANSAS
lIiN APPT. EDCPIIUiIS j - '2 ,I
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" Notary Public
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::iTATE OF KANSAS ~ ~. AJ)
COUNTY OF SALINE}
FILED FOR RECORD IN MY FICE .
ON OCT - 6 1991 AT
c:l.'i:(O'CLOCKEM. A VLY RECORDED
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CONSENT TO EASEKENT
The undersigned Lessees consent to the Owner's grant of an
easement to the City of Salina, Itansa. (the "city"), as follows:
1. The name of the Owner is Ashton Brothers Grocery and
Lockers, Inc.
2. The names of the Lessees are Howard L. Warren and steven
K. Ashton, partners doing business under firm name of Ashton's
Affiliated.
3. The Lease dated August 20, 1979 was recorded August 29,
1979 at Misc. Book 120, page 535 of the records of the Register of
Deeds for Saline County, Kansas.
4 . The Owner intends to convey to the City a permanent
easement (the "Easement") for the purpose of installing, repairing,
replacing, and maintaining public utilities, public sidewalk, and
street signage, in perpetuity legally described as:
A parcel in a tract of land designated as Lot sixteen
(16), Block Four (4), Southern Heights Addition to the
City of Salina, Saline County, Kansas described as
follows:
Beginning at the Northwest corner of said Lot sixteen
(16); thence East along the North line of said Lot
sixteen (16) a distance of 10.00 feet; thence in a
Southwesterly direction to a point on the West line of
said Lot sixteen (16) a distance of 14.14 feet; thence
North along the West line of said Lot Sixteen (16) a
distance of 10.00 feet to the point of beginning.
The above described parcel of land contains 50.00 square
feet more or less.
5. This Consent to Easement shall not otherwise affect the
interest of the Lessees as it applies to the property described in
the lease.
Dated this
/ ~day of
How
, 1991.
Stev
d/b/a
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STATE OF KANSAS, COUNTY OF SALINE, ss:
BE :IT RDBKBERED, that on this J~~day Of~ ' 1991,
before me, the undersigned, a notary public in d for the county
and state aforesaid, came Howard L. Warren and Steven K. Ashton,
doing business as Ashton's Affiliated who are personally known to
me to be the same persons who executed the foregoing Consent to
Easement as partners of said partnership, and said persons duly
acknowledged the execution of the same as the act of said
partnership.
:IN W:ITNESS WHBREOP, I have hereunto set my hand and affixed my
notarial seal the day and year last above written.
i~.:. -'-~~,:TE,~~
MY'oAI"PT:~ ~~ReS _?,~ " ()
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G/~ - ) £l.ù .'
I Notary Public
;)TATE OF KANSAS ~ ss( AJ t)
COUNTY OF SALINE} ~~t
FILED FOR RECORD IN MY OFFICE
ON OCT - 8 1991 AT
øt°J&í:O'CLOCæM. A
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ULY RECORDED
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CONSENT TO BAS DENT
The undersigned Assignee consents to the Owner's grant of an
easement to the City of Salina, Kansas (the "city"), as follows:
1. The name of the Owner is Ashton Brothers Grocery and
Lockers, Inc.
2. The names of the Lessees are Howard L. Warren and steven
K. Ashton, partners doing business under firm name of Ashton's
Affiliated.
3. The name of the Assignee of said lease is Planters state
Bank & Trust Company, now Bank IV Salina, N.A.
4. The Lease dated August 20, 1979 was recorded August 29,
1979 at Misc. Book 120, page 535 of the records of the Register of
Deeds for Saline County, Kansas.
5. The assignment dated August 29, 1979 was recorded
September 7,1979 at Misc. Book 120, page 562 of the records of the
Register of Deeds for Saline County, Kansas.
6. The Owner intends to convey to the City a permanent
easement (the "Easement") for the purpose of installing, repairing,
replacing, and maintaining public utilities, public sidewalk, and
street signage, in perpetuity legally described as:
A parcel in a tract of land designated as Lot sixteen
(16), Block Four (4), Southern Heights Addition to the
City of Salina, Saline County, Kansas described as
follows:
Beginning at the Northwest corner of said Lot sixteen
(16); thence East along the North line of said Lot
sixteen (16) a distance of 10.00 feet; thence in a
Southwesterly direction to a point on the West line of
said Lot sixteen (16) a distance of 14.14 feet; thence
North along the West line of said Lot Sixteen (16) a
distance of.10.00 feet to the point of beginning.
The above described parcel of land contains 50.00 square
feet more or less.
7. This Consent to Easement shall not otherwise affect the
interest of the Assignee as it applies to the property described in
the lease.
Dated this ..ø?O ~ day of
~
JtLAc.L-
, 1991.
Planters State Bank & Trust Company,
now B IV Salina, N.A.
By
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STATE OF KANSAS, COUNTY OF SALINE, ss:
Iv
BE :IT RDEKBBRED, that on this ;2or' day of J~- , 1991,
before me, the undersigned, a notary public in and for the county
and state aforesaid, came !ð4 ~ CJ. «L.(...-...s ~ y of
Planters State Bank & Trust Compa , now Bank IV! Salina, N.A. who
is personally known to me to be the same person who executed the
foregoing Consent to Easement as ~~~lbI~Nr- of said
corporation, and said person duly acknowledged the execution of the
same as the act of said corporation.
:IN W:ITNESS WHEREOP, I have hereunto set my hand and affixed my
notarial seal the day and year last above written.
ð~~
Not: ry Public
"'
r THOMAS Wo POOS
'C:j~3 s~~~~RciF P~:~~;s ~
MY APPTo EXPIRES Ý ':i..::-1...::L,!
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::iTATE OF KANSAS ~ SS(¡rJ+-r-)\
COUNTY OF SALINE )I--+-
fiLED FOR RECORD IN MY 0 lCE
ON OCT - 6 1991 AT
'U::O'CLOC¡ßM. AN
VOL.
UL Y RECORDED
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AGREDENT
This Agreement is made this /qblday of ~ , 1991, by
and between ASHTON BROTHERS GROCERY AND LocxiRi, INC., a Kansas
corporation, hereinafter referred to as the "Grantor," and the
CITY OP SALINA, JtABSAS, a municipal corporation, hereinafter
referred to as the "city."
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:
A parcel in a tract of land designated as Lot sixteen
(16), Block Four (4), Southern Heights Addition to the
City of Salina, Saline County, Kansas described as
follows:
Beginning at the Northwest corner of said Lot Sixteen
(16)¡ thence East along the North line of said Lot
sixteen (16) a distance of 10.00 feet¡ thence in a
Southwesterly direction to a point on the West line of
said Lot sixteen (16) a distance of 14.14 feet; thence
North along the West line of said Lot sixteen (16) a
distance of 10.00 feet to the point of beginning.
The above described parcel of land contains 50.00 square
feet more or less.
B. Comoensation. The city agrees to pay the Grantor upon
closing the total sum of Two thousand Four hundred forty-three
and 85/100 Dollars ($2,443.85) for the permanent easement,
consisting of the following:
1.
Permanent Easement
(50.00 sq. ft. at
$3.00 per sq. ft.)
Daaaqes to remaininq property
(Reduced utility $200;
relocating sign
$2,093.85)
$
150.00
2.
2.293.85
Total compensation
$2,443.85
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
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 a Lease executed by
owners in favor of Howard L. Warren and Steven K. Ashton,
partners doing business under firm name of Ashton's Affiliated as
set out in Misc. Book 120, page 535 and assigned to Planters
State Bank & Trust Company in Misc. Book 135, page 562.
E. Consent to Easement. In those cases where the 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. Closina.
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Closing shall take place on or before
At closing the Grantor shall:
1. deliver to the City the fully executed and
acknowledged permanent easement documents,
2. deliver to the City any necessary consent to
easement documentation,
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3. provide the City with any other necessary
information such as Grantor's current mailing address
and tax identification number,
at which time the City shall pay Grantor the total compensation
set forth in paragraph (B) above.
G. Nonassignable. Grantor's rights under this Agreement
shall not be assigned without the prior written consent of the
City.
H. Bindina 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.
ASHTON BROTHERS GROCERY AND
:4?~~:.! ¡&~
Tax ID No. '17- ð (a V -. rÝ6 '--
CITY OF SALINA, KANSAS
~~ '¡¡;;'
By ~ft1, ~
enn~s"M: Kiss- 9
City Manager
-3-
PERMANENT BASDENT
THIS INDENTURE, made this day of , 1991, by
and between ASHTON BROTHERS GROCERY AND LOCKERS, INC., a Kansas
corporation (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 Lot sixteen
(16), Block Four (4), Southern Heights Addition to the
City of Salina, Saline County, Kansas described as
follows:
Beginning at the Northwest corner of said Lot sixteen
(16); thence East along the North line of said Lot
sixteen (16) a distance of 10.00 feet; thence in a
~ southwesterly direction to a point on the West line of
said Lot sixteen (16) a distance of 14.14 feet; thence
North along the West line of said Lot Sixteen (16) a
distance of 10.00 feet to the point of beginning.
The above described parcel of land contains 50.00 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 , 1991.
ASHTON BROTHERS GROCERY AND
LOCKERS, INC.
By:
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REKEKBERED, that on this day of , 1991,
before me, the undersigned, a notary public in and for the county
and state aforesaid, came who is
for Ashton Brothers Grocery and Lockers, Inc.
who is personally known to me to be the same person who executed
the above and foregoing instrument of writing on behalf of said
corporation 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
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