Lot 1 (Tract 13)
MIsc. 800k-J-Jj~ r'~'3..~~~_73
PERMANENT EASEMENT
1988,T~~Sa~~D~:~~::~ ~:~~Et~:sSC{~IT~a~ ~fdO~~I~~d JUDY L.
ROBERTSON, a single person, (the "Grantors"), and the CITY
OF SALINA, KANSAS, a municipal corporation (the "City").
WITNESSETH: The Grantors for a good and valuable
consideration, the receipt and sufficiency of which is
hereby acknowledged, do 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
Grantors, more particularly described as follows:
The East Five Feet (E 5') of the South
Fifty Feet (S 50') of the North One Hundred
Sixty-Eight Feet (N 168') of Lot One (1),
Surveyor's Plat 12 to the City of Salina,
Saline County, Kansas,
for all rights of ingress and egress of the City, its
servants, officers, employees, contractors, and franchisees,
for the purposes of installing, repairing, replacing, and
maintaining public utilities and public sidewalk, in
perpetuity.
IN WITNESS WHEREOF, the Grantors have signed this
Permanent Easement this ~~ day of ~ ' 1988.
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Hazl I. Schel t
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J~ L. Ro~tson 'v
STATE OF KANSAS, SALINE COUNTY, ss:
The foregoing instrument was acknowledged before me
this <5.-1..& day of (lbÍ1A.....R. , 1988, by Hazle I. Scheidt, a
widow, and Judy L. R bertson, a single person.
. JAMES SWEDLUND
~.-. NOTARY PUBLIC
STATE OF KANSAS
MY AP~. eXPIRES :f -:2 ~
::} C~ 1.-U.VL£>2~ ~ -J.)
Notary ublic
"'ATI! e.. !(AN.A. / ..fIr '.) PIL!!O FOR RECOR....
COUNTY OF tAl,.lNI í ll/V IN MY OFFICE AT
4:4~..o'cI.OC: ( i'J.' i 2 -, 15°8 AND OUI,.Y
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'MOL.J'l::-Z-... Q}¡,.~~AT PAGr- ~.¿~
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AGREEMENT
This Agreement is made this j~ day of ~\I\Å- ,
1988, by and between Hazle I. Scheidt, a widow, and Judy
Robertson, a single person, hereinafter referred to as
"Grantor," and the City of Salina, Kansas, a municipal
corporation, hereinafter referred to as the "City."
L.
RECITALS
(1). The City, in conjunction with the Iron and Ohio
intersection 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 and public sidewalk, 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 accordance with Title III of the
Uniform Relocation Assistance and Real Property Acquisition
Policies 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 East Five Feet (E 5') of the South
Fifty Feet (S 50') of the North One Hundred
Sixty-Eight Feet (N 168') of Lot One (1),
Surveyor's Plat 12 to the City of Salina,
Saline County, Kansas, containing 250 square
feet, more or less.
(B). Compensation. The City agrees to pay the Grantor
upon closing the total sum of Nine Hundred Seventy-Five
Dollars ($975) for the permanent easement, consisting of the
following:
1.
Permanent easement
limited to sidewalk
and public utilities
of 250 square feet,
currently zoned R-1
at $1.00 per square
foot
$250.00
2.
Damages to remaining
property:
a.
General damages
to remaining
property resulting
from limited per-
manent easement
$500.00
b.
2 trees at
$100 per tree
c.
5 flowers
$200.00
$ 25.00
Total Damages to Remaining
Property
Total Compensation
$725.00
$975.00
(C). Form of Permanent Easement. 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 document identical to the copy of such document
attached as Exhibit "A" 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 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:
1.
Contract for sale of real estate dated July 30,
1985, (Judy L. Robertson purchaser under contract)
(E). Partial Mortgage or Other Lien Release. In those
cases where the real estate to which the permanent easement
relates is subject to mortgage or other liens or encum-
brances, the Grantor shall at closing deliver to the City a
duly executed and acknowledged partial mortgage release or
release of lien, releasing that portion of the real estate
to which the permanent easement relates from any mortgage or
other lien or encumbrance. Any partial mortgage release or
other lien release documents shall be recorded by the City
with the office of the Saline County Register of Deeds, at
the City's expense.
(F). Closing. Closing shall take place on or before
the IS~ day of CM ' 1988. At closing the Grantor
shall: ' r
1.
deliver to the City the fully executed and acknow-
ledged Permanent Easement document,
2.
deliver to the City any necessary partial mortgage
release or other lien release documentation, and
provide the City with any other necessary informa-
tion such as Grantor's current mailing address and
social security number or tax identification
number, S/.J. - Î.2 - 71l-?"
at which time the City shall pay Grantor the total compensa-
tion set forth in paragraph (B) above.
3.
(G). Nonassignable. Grantor's rights under this
Agreement shall not be assigned without the prior written
consent of the City.
(H). Binding 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
)
~ -It"¿' D .J~~¿1-{ b
Hazle ~ cheidt
(~¥'~~ ~ ~~,
J L. Ro rtson / -
City of Salina, Kansas
~~
~/1 '-
By ~ - !
ennisM. Kissi r ~
City Manager
..
PERMANENT EASEMENT
THIS INDENTURE, made this day of ,
1988, by and between HAZLE I. SCHEDIT, a widow, and JUDY L.
ROBERTSON, a single person; (the "Grantors"), and the CITY
OF SALINA, KANSAS, a municipal corporation (the "City").
WITNESSETH: The Grantors for a good and valuable
consideration, the receipt and sufficiency of which is
hereby acknowledged, do 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
Grantors, more particularly described as follows:
The East Five Feet (E 5') of the South
Fifty Feet (S 50') of the North One Hundred
Sixty-Eight Feet (N 168') of Lot One (1),
Surveyor's Plat 12 to the City of Salina,
Saline County, Kansas,
for all rights of ingress and egress of the City, its
servants, officers, employees, contractors, and franchisees,
for the purposes of installing, repairing, replacing, and
maintaining public utilities and public sidewalk, in
perpetuity.
IN WITNESS WHEREOF, the Grantors have signed this
Permanent Easement this day of , 1988.
Hazle I. Scheidt
Judy L. Robertson
STATE OF KANSAS, SALINE COUNTY, ss:
The foregoing instrument was acknowledged before me
this day of , 1988, by Hazle I. Scheidt, a
widow, and Judy L. Robertson, a single person.
Notary Public
EXHIBIT
II A II
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k:l- R/W Acquisition
TRACT NO.1 3
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