Loading...
Lot 1 (Tract 14) MIsc. 8ook--L!:¿l;f:°Tè'~.~"L¿_'7 7'- PERMANENT EASEMENT THIS INDENTURE, made this 8th day of June, 1988, by and between LARRY W. RING and ROBERTA S. RING, husband and wife, (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 Eighteen Feet (N 118') 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 8th day of June, 1988. ~~ £~~g~~"~ STATE OF KANSAS, SALINE COUNTY, ss: The foregoing instrument was acknowledged before me this 8th day of June, 1988, by Larry W. Ring and Roberta S. Ring, husband and wife. ~L~- Notar PublJ.c I s,isu2è-..Ç &3~ldX3 'J.c d\1 ÁW , "'HI .:10 31V1S I. ~118nd Aè:I\fl.OM ~ ,;"~~n1m~~~::~~!, .. ~ .. ~""""""",.c' 4"'cATe 0.. KANSAS ~ r N) FIU!O FOR RéC. OR~ COUNTY OF SAL.INI \ It. ~ IN MY OFFICE At 4: ~XO'CLOC ( \ I I r.1 2 ') . I~ ,J ß AND DUL. Y ~ ";'JI~ t,l.,O ,.' AI. RECORDED ~. ~:;'Pt.~.~ tJ ~ r~~-;-- ~~ /'~~ Loan No. 109165 Mtge. [3:ok 1/LJPage II fuN 2 7 7988 PARTIAL REAL ESTATE MORTGAGE RELEASE The undersigned Mortgagee, pursuant to K.S.A. 58-2306, acknowledges partial satisfaction of the debt secured by the following described and recorded real estate mortgage (the "Mortgage") and the same is hereby released in part as follows: 1. The names of the Mortgagors are LARRY W. RING AND ROBERTA S. RING, husband and wife. 2. The name of the Mortgagee's assignee of record is FIRST FAMILY MORTGAGE CORPORATION OF FLORIDA. 3. The volume and page the Mortgage is recorded in is: Book 334 of Mortgages, pages 441-443 of the records of the Register of Deeds for Saline County, Kansas. 4. The Mortgage dated October 18, 1979, was recorded October 18, 1979. Ill'S. 8 r subject (J) '1 Cc::-æ ...... '..., OJ ~ ., )frJr!J 1:1 .ลก ~~i The legal description of that part of the property to the Mortgage released by this partial release is: The East Five Feet (E 5') of the South Fifty Feet (S 50') of the North One Hundred Eighteen Feet (N 118') of Lot One (1), Surveyor's Plat 12 to the City of Salina, Saline County, Kansas, 6. This partial release shall not effect the lien of the Mortgage as it applies to the remaining property described in the Mortgage. Dated this 12th ",,'I I"'", ) ~ .........t;',! ((: ;:" ',' -f "ILl'" -'OR "COR'"~ CØUIn'V"""",'"'"OP,",,,.,,",',JA,"",'"L"!,,J,,',N,,',,',.,,,',~, ."~",~",~/;~/,,, ':;',',,>f IN MY OFFICE AT . '.' ,.' ,t¡I" " ';~)~ /ð{~-:,..,'.','~,"~- '.. \",:.Q~".,E:¡-,.,"",'.':", ,r:',,'ì,,-,.,'\~Å,-,:' 988 AND DULY u,¡:, J~,¡;;:,. 'I:: IIE!CORDEt\ , , r,' },' "", /' ..' " ,. AT ""011 .110......- .~ 06 day of August , 1988. FIRST FAMILY MORTGAGE CORPORATION OF' F'LûRIDA By ¿:iI~ Barbara A. Arms, Assistant V, p. OF XID~, COUNTY OF :&U:l~ ss: ILLINOIS DUPAGE BE IT REMEMBERED, that on this 12th day of August, 1988, before me, the undersigned, a notary public in and for tht:: county and state aforesaid, came , Barbara A, Arms of First Family Mortgage Corporation of Florida, who is personally known to me to be the same person who executed the foregoing Partial Real Estate Mortgage Release as Ass; st::mt V. P. of said corporation, and said person duly acknowledged the execution of the same as the act of said corporation. /~~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. ~-- - . OFFIOAL SEAL . SANDRA J. HALLA .. NOT""y PU8l1C, STATE OF IUJNOtS .. My Commlas1on Explre8 4-29-90 ~ 4 . y ... ~~ I 1} /~ßU, ~?ð ~M " AGREEMENT This Agreement is made this pt;t.... day of ~ ' 1988, by and between Larry W. Ring and RobertaS. Ring, husband and wife, hereinafter referred to as "Grantor," and the City of Salina, Kansas, a municipal corporation, hereinafter referred to as the "City." 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 Eighteen Feet (N 1181) of Lot One (1), Surveyor's Plat 12 to the City of Salina, Saline County, Kansas. (B). Compensation. The City agrees to pay the Grantor upon closing the total sum of Eight Hundred Fifty Dollars ($850) 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 b. 1 tree $500.00 $100.00 Total Damages to Remaining Property $600.00 $850.00 Total Compensation (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. 2. 3. Mortgage dated October 18, 1979, executed by Larry W. Ring and Roberta S. Ring, husband and wife, in favor of Missouri Valley Investment Company, recorded October 18, 1979, at 3:15 p.m. in Book 334 of Mortgages, pages 441-443 Assignment of mortgage from Missouri Valley Investment Company to Reserve Savings and Loan Association, recorded May 7, 1980, at 4:00 p.m. in Book 336 of Mortgages, pages 921-922. Assigment of mortgage from Reserve Savings and Loan Association to First Family Mortgage Corporation of Florida, recorded August 3, 1981, at 11:00 a.m. in Book 345 of Mortgages, page 85. (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 ;~:1¡~t.",,- day of ~1 ' 1988. At closing the Grantor " 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, ,f'/J -.J?! -sz:: /j at which time the City shall pay Grantor the total compell~;a-' 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. I . . (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. Gra~ta,. 4 £. 1.-/.' h/, ,,-' Larry ~ing " '~~. ~~ . I...P ~~ . Robe ta S. Ring Ó City of Salina, Kansas ~~ ð . By ~ . r ~ / D nnJ.s nJ. sSJ.; er ç "- City Manager , : d" ,- ," ':,i'_""d, . PERMANENT EASEMENT THIS INDENTURE, made this day of , 1988, by and between LARRY W. RING and ROBERTA S. RING, husband and wife, (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 Eighteen Feet (N 118') 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. Larry W. Ring Roberta S. Ring STATE OF KANSAS, SALINE COUNTY, ss: The foregoing instrument was acknowledged before me this day of ,1988, by Larry W. Ring and Roberta S. Ring, husband and wife. Notary Public EXHIBIT \ 1 1 ì 11 H