Lot 25 (Tract 16)
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PERMANENT EASEMENT
THIS INDENTURE, made this 9,5~ay of ~<4-, 1997, by and between Dennis D.
Collier, a single person, (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.
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Dennis D.
ent the day and
IN WITNESS WHEREOF, the Grantor has signed t 1
year first above written.
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this ~ day of r~ ' 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Dennis D. Collier, 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.
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¡ ~ STATE OF KANSAS, (ï Notary Public
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[A real estate sales validation questionnaire is not required pursuant to KS.A 79-1437e(a)(13)]
STATE OF KANSAS IC.-- /
COUNTYOFSAWŒf-S-S' tV
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- "I'~~.f 1 ',- 1997 AND DULY
-EM. I\UV '0 RECORDED
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FILED FOR RECORD
IN MYOFFICEAT
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'16
EASEMENT A COUISITION
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OWNER: COWER, DENNIS Do
131 N OHIO
SAUNA, KS 67401
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SOUTH UNE OF SOUTH EAST QUARTER OF SECTlON 12, T 145, R JW
LOT 25,
SURVEYORS PLA T 'G'
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LEGAL DESCRIPTION:
THE EAST 5' OF THE SOUTH 45' OF THE NORTH 172' OF LOT TWENTY AVE (25), SURVEYORS PlAT 'G', IN THE CITY OF SAUNA,
SAUNE COUNTY, KANSAS. SAID TRACT CONTAINS 225 SQUARE FEET, MORE OR LESS.
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Exhibit A
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AGREEMENT
This Agreement is made this.:23dday of ~~, 1997, by and between Dennis D.
Collier, a single person, hereinafter referred to as the I 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 Dollars and No Cents ($270.00) for the permanent easement consisting of
the following:
Permanent Easement
(225 square feet at $1.00 per square feet)
$225.00
Damages to remaining property
(Loss of one tree)
45.00
Total Compensation
$270.00
3. 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.
, .
4. 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 First Federal Savings and Loan Association of
Hutchinson, dated June 9, 1987, and recorded June 11, 1987, in Mortgage Book 395, pages 817-
819 of the Register of Deeds office, Saline County, Kansas.
5. 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.
6. Closing. Closing shall take place on or before ~. 110
the Owner shall:
, 1997, At closing
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.
7, Nonassignable. Owner's rights under this Agreement shall not be assigned
without the prior written consent of the City.
8. 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
first above written,
eir hands the day and year
G
Dennis D. C lie r It? F r( 1'1
Social Sec. /Tax ill No. .:;:;Li2::1.~~.:.iJ/(O
CITY OF SALINA, KANSAs
By ~~
Dennis M. Ki sin
anager
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16
EASEMENT A COUISITION
OWNER: COWER, DENNIS D.
131 N OHIO
SAUNA, KS 67401
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JO~NSTOWN ST~J_---______l
SOUTH liNE OF SOUTH EAST QUARTER OF SECTlON 12, T 145, R JW
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LOT 25,
SURVEYORS PLA T 'e'
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LEGAL DESCRIPTION:
lHE EAST 5' Of lHE SOUlH 45' OF lHE NORlH 172' Of LOT TWENTY FI\£ (25), SURVEYORS PLAT 'G'. IN lHE CITY OF SAUNA,
SAUNE COUNTY, KANSAS. SAID lRACT CONTAINS 225 SQUARE FEET, MORE OR lESS.
Exhibit A
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PERMANENT EASEMENT
THIS INDENTURE, made this - day of , 1997, by and between Dennis D.
Collier, a single person, (the IIGrantorll), 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.
Dennis D. Collier
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this - day of , 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Dennis D. Collier, 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
[A real estate sales validation questionnaire is not required pursuant to KS.A. 79-1437e(a)(13)]
Exhibit B
16
EASEMENT ACOUISITION
OWNER: COWER, DENNIS D.
131 N OHIO
SAUNA, KS 67401
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JO~NSTOWN ST~J~___~-~--_J~
SOUTH LINE OF SOUTH EAST QUARTER OF SECTION 12, T 145, R JW
LOT 25,
SURVEYORS PiA T 'G'
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LEGAL DESCRIPTION:
lHE EAST 5' OF lHE SOUlH 45' OF lHE NORlH 172' OF LOT TWENTY AVE (25), SURVEYORS PlAT 'G', IN lHE CITY OF SAUNA,
SAUNE COUNTY, KANSAS. SAID lRACT CONTAINS 225 SQUARE FEET, MORE OR lESS.
Exhibit A