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Lot 28 & 29 ',' '& Mi!;C. Bk "ÚJ '1 Pg 21- PERMANENT EASEMENT THIS INDENTURE, made this /1-r-1v day of September, 1997, by and between Gerald E. Knowles and Ann S. Knowles, 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 h year first above written. signed this Permanent Easement the day and ) // STAT£OFKANSAS lÇ(: ,,\ "lED FOR R!CORD COUNlYOFSALINEJ s. 1'\\ IN MYOFFICEAT IO.~O'CLOCK OCT ? 4 1997 AND DULY /4L1t - RWMÐED ~Ð ~{;t 0 . ATPAGE f H1- A. REG. OF DEEDS rL~'-(~L41~ Ann S. Knowles '" STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this I21L day of September, 1997, before me, the undersigned, a notary public in and for the county and state aforesaid, came Gerald E. Knowles and Ann S. Knowles, 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. ~ JANICE E. MICK ::::, "',' '" NOTARY PUBLIC ,.", "-. '" STATE OF KANSAS ¡ MY APPT. EXPIRES ~ -/~ -9 r' I ,"--"""""",- , Un ,--- ~f;.~ ~ Notary Public [A real estate sales validation questionnaire is not required pursuant to KS.A. 79-1437e(a)(13)] ------l----------¡ I/JIX1 I ._-~~~~~--_J_-~~~:~---- : o~ I-.: ! C\ V) I Q:: a 1'<4- --- - ::t i~ a 0'" I ,~ IF=::: ,~ I~ i~ i~ on:: asœ~~ IC) ,~ !~ !~ I~ o<r) I~ ,<:5 !~ ::::J ,~ !~ I 1 I '. . .. °12 EASEMENT A COUISI11ON OWNER: KNOWLES, GERALD E. 145 N OHIO SAUNA, KS 67401 LOT 28, SURVEYORS PLA T 'e' ----------------------------------- ~ :~:~: ~ -1~ - LOT 29, SURVEYORS PLA T 'e' ----------------------------------- LEGAL DESCRIPTION: Misc. Bk 1Jø!1.- P1, $â-- 0 .q- II - !.II ...- = I~ I. I~ I I . I~' fa: I..... ¡~ I 1 I I I lHE EAST s' Of LOT 1VÆNTY ÐGHT (28) & LOT l\\£NTY NINE (29), SURVEYORS PLAT 'Go, IN THE CITY OF SAlINA. SAUNE COUNTY, KANSAs. SAID TRACT CONTAINS 560 SQUARE ÆET. MORE OR LESS. /) te. ß.., ')( d ot .1c~ J3""",(+-s.oy; þ t '('~ Vh ~c.. ~y;~ "" Exhibit A AGREEMENT This Agreement is made this 11d day of September, 1997, by and between Gerald E. Knowles and Ann S, Knowles, 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 Thousand One Hundred Fifteen Dollars and No Cents ($2,115.00) for the permanent easement consisting of the following: Permanent Easement (560 square feet at $2,50 per square feet) $1,400.00 Damages to remaining property (Less of 2 Hackberry trees $100; cost of replacing fence $615) 715,00 Total Compensation $2,115.00 At the request of the Owner, the City agrees that the trees referred to above will not be removed in conjunction with construction of the improvement project. The Owner agrees to assume any risk of the trees not surviving and releases the City and its contractors from any claims in the event the trees do not survive, 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, 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 ~þ :Jrt--V" 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, 7, Nonassignable, Owner's rights under this Agreement shall not be assigned without the prior written consent of the City, -2- 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 their hands the day and year first above written. OU(~ ~ ~~ Ann S. Knowles Social Sec, /Tax ill No, c:ç \ ~ - S t{ - 5~ --, f CITY OF SALINA, KANSAS By -3- ------l----------¡ I/JIX1 I ._-~~~~~---j--~-~~~---- : '~ I-.: !t\i V) IQ:: a "<4- --- - ::¡: i~ a .", I .~ IF=::: .~ I~ i~ i~ 'n:: asœ~~ IC) ,~ !~ I~ i~ .<r) !~ !~ I::::J ,~ !~ I I 12 EASEUENT ACOUISI11ON OWNER: KNOWlES, GERALD E. 145 N OHIO SAUNA, KS 67401 LOT 28, SURVEYORS PLA T 'e' ----------------------------------- ~::::'~ ..... .:. - -::::- - LOT 29, SURVEYORS PLA T 'e' ----------------------------------- LEGAL DESCRIPTION: 0 .q- II - !:II ...- = I~ I. I~ I I . I~ Ia: I..... !~ I I I I I lHE EAST s' Of LOT 1VÆNTY ÐGHT (28) & LOT l\\£NTY NINE (29), SURVEYORS PLAT 'G', IN lHE CITY OF SALINA. SALINE COUNTY, KANSAs. SAID TRACT CONTAINS 560 SQUARE FEET, MORE OR LESS. Exhibit A , . PERMANENT EASEMENT THIS INDENTURE, made this - day of September, 1997, by and between Gerald E. Knowles and Ann S. Knowles, 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. Gerald E. Knowles Ann S, Knowles STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this - day of September, 1997, before me, the undersigned, a notary public in and for the county and state aforesaid, came Gerald E. Knowles and Ann S, Knowles, 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 ------l-----------¡ I/JIX1 I ---~~~~~--_J_-~-~:~---- : '~ I--: ! t\i V) In:: a 1'<4 --- - :::r::: i~ a .", I .~ IF=::: ,~ I~ i~ i~ 'n:: asœ~~ IC) ,~ !~ !~ I~ ,<r) !~ !~ ::::J ,~ !~ I I , .' . 12 EASEMENT ACQUISITION OWNER: KNOWLES, GERALD E. 145 N OHIO SALINA, KS 67401 LOT 28, SURVEYORS PLA T 'e' ----------------------------------- .. ::... ~::::. ~ - :::::- LOT 29, SURVEYORS PLA T 'e' ----------------------------------- LEGAL DESCRIPTION: C> .q- II I~ I. f~ I I . :~ Ia: I.... !~ f I I I I lHE EAST s' Of LOT 1VÆNTY ÐGHT (28) & LOT TWENTY NINE (29), SURVEYORS PLAT 'G', IN TIiE OTY Of SALINA, SALINE COUNTY, KANSAs. SAID TRACT CONTAINS 560 SQUARE FEET, MORE OR LESS. Exhibit A