Lot 25 (Tract 17)
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Misc. 8k liD r Pg ;l60
PERMANENT EASEMENT
THIS INDENTURE, made this~day of October, 1997, by and between Joseph L.
McMichael and Shara D. McMichael, husband and wife, (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. /'!
~~=Et~N ~~= ;~--1::.~~ ,,¡:j
~:~~LOCK NaV 1 3 1997 :g v/
\/[ ~:. ~ ~:L ~; I;, . ATPAQ£B Sf) . as! .~ù Ji)21~ ; c ~.:J
I ~-!_- )~ REG. OF DEEDS Shara D. McMichael
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this 2ld- day of October, 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Joseph L. McMichael
and Shara D. McMichael, husband and wife, who are personally known to me to be the same persons
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,
[A~-~~~~J
,~ STATE OF KANSAS
i,' ,("¡Y", APPT,',', Iõ?Xpmi:,'_S, -1,,", <, ~,'", ~,~,
'"-'~..".,........,.,--- '., -. ,. ,- ,
<OJ (~ 4-u~
ii Notary Public
James Swedlund
[A real estate sales validation questionnaire is not required pursuant to KS.A. 79-1437e(a)(13)]
17 ~
EASEMENT A COUISlTlON
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Misc, Bk
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OWNER: MCMICHAEL, JOSEPH L & SHARA D.
129 N OHIO
SALINA, KS 67401
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JOH~S~O~N,S~_,J,-,-,-,-,-,-,-,-,-,-,J
SOUTH UNE OF SOUTH EAST QUARTER OF SECTlON 12, T 145, R 3W
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LOT 25,
SURVEYORS PLA T 'e'
LEGAL DESCRIPTION:
,
THE EAST 5' OF THE NORTH 48:4' OF SOUTH 93' OF LOT TVÆ:NTY F1'v£ (25), SURVEYORS PLAT 'G', IN THE CITY OF SAUNA,
SAUNE COUN1JY, KANSAiJ~, SAID lRACT CONTAINS 242 SQUARE ÆET, MORE OR LESS.
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Exhibit A
AGREEMENT
This Agreement is made thisQ/d-day of October, 1997, by and between Joseph L.
McMichael and Shara D, McMichael, husband and wife, hereinafter referred to as the "Owner,"
and the City of Salina, Kansas, a municipal corporation, hereinafter referred to as the "City,"
RECITALS
A. The City, in conjunction with the North Ohio Improvement Project, wishes to
acquire from the Owner a permanent easement in, through, over, and across a certain portion of
land owned by the Owner 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 permanent easement to be conveyed by the Owner to the City
shall be as legally described on the Engineering Drawing attached and incorporated as Exhibit
A.
2, Compensation, The City agrees to pay the Owner upon closing the total sum of
Two Hundred Seventy-Two Dollars and Seventy-Five Cents ($272,75) for the permanent
easement consisting of the following:
Permanent Easement
(242 square feet at $1.00 per square feet)
$242.00
Damages to remaining property
(5 ft. chain link fence $30,75)
30.75
Total Compensation
$272.75
3. Tree Replacement. The Owner and the City recognize that the two maple trees
located on Owner's property, are likely to be unaffected by the project; however, in the event the
one or both of the trees die before January 1, 2002, for no clearly identifiable reason other than
apparent root damage from the project, the City agrees to pay the Owner as follows:
a.
both trees -
$1,634
b,
one tree -
$ 817
4, Documents, The Owner agrees that the permanent easement shall be conveyed to
the City by Owner'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.
5, 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 except a mortgage in favor of Ameri National Mortgage Company, Inc., dated
March 1,1993, and recorded March 5,1993, in Mortgage Book 464, pages 307-312; assigned to
Chemical Bank c/o Chemical Mortgage Company on March 1, 1993, recorded April 8, 1993, in
Mortgage Book 465, page 853; and subsequently assigned to Chemical Mortgage Company on
March 3, 1993, recorded October 1, 1993, in Mortgage Book 475, page 682, all in the Register
of Deeds office, Saline County, Kansas,
6, 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,
7, Closing, Closing shall take place on or before CÌùè/t' 5/*-, 1997, 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,
8, Nonassignable, Owner's rights under this Agreement shall not be assigned
without the prior written consent of the City,
-2-
9, Binding Effect. The terms of 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"
<-
os h L. McMichae
Social Sec, /Tax ID No,~/:>-' ::::'O-¿)...fc~O
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Shara D, McMichael
Social Sec, /Tax ill No. S//Ú/C; 2 S5,j-
CITY OF SALINA, KANSAS
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17.
EASEMENT ACOUISlTlON
OWNER: MCMICHAEL, JOSEPH L. & SHARA D.
129 N OHIO
SALINA, KS 67401
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JOH~STOWN, ST._, J_,-, -'-'-'-'-,-, _,_,l
SOUTH LINE OF SOUTH EAST QUARTER OF SECTlON 12, T 145, R 3W
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LOT 25,
SURVEYORS PLA T 'G'
LEGAL DESCRIPTION:
THE EAST 5' OF THE NORTH 48.4' OF SOUTH 93' OF LOT TVÆ:NTY FI'v£ (25), SURVEYORS PLAT 'G', IN THE CITY OF SAUNA,
SAUNE COUNTY, KANSAS. SAID lRACT CONTAINS 242 SQUARE FEET, MORE OR LESS.
Exhibit A
PERMANENT EASEMENT
THIS INDENTURE, made this - day of October, 1997, by and between Joseph L.
McMichael and Shara D, McMichael, husband and wife, (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,
Joseph L. McMichael
Shara D, McMichael
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this - day of October, 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Joseph L. McMichael
and Shara D. McMichael, husband and wife, who are personally known to me to be the same persons
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
. " .' .
17
EASEMENT ACQUISITION
OWNER: MCMICHAEL, JOSEPH L & SHARA D.
129 N OHIO
SALINA, KS 67401
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SOUTH LINE OF SOUTH EAST QUARTER OF SECTlON 12, T 145, R 3W
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LOT 25,
SURVEYORS PLA T 'e'
LEGAL DESCRIPTION:
THE EAST 5' OF THE NORTH 48.4' OF SOUTH 93' OF LOT TVÆ:NTY FI'v£ (25), SURVEYORS PLAT 'G', IN THE aTY OF SAUNA,
SAUNE COUNTY, KANSAS. SAID TRACT CONTAINS 242 SQUARE FEET, MORE OR LESS.
Exhibit A