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SW4-14-T14S-R3W (Crawford) " .. Mise. Sir IJín PI q 1..1:" "* ¡t ., PERMANENT EASEMENT THIS INDENTURE, made this 14th day of June, 1991, by and between Lt. Col. John D. Riddell, Post No. 1432 of The Veterans of Foreign Wars of the united states, Inc. (the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation (the "City"). WITNESSETH: The Grantor for a good and valuable consideration, the receipt and sufficiency of which is 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 as folloW's: A parcel of land in the Southwest Quarter of section Fourteen (14), Township Fourteen (14) South, Range Three (3) Wêst of the sixth Principal Meridian in Saline County, Kansas, described as follows: Beginning at a point 200.00 feet west and 30.00 feet north of the intersection of the west line of the right- of-way of the Missouri Pacific Railroad with the south line of said section Fourteen (14); thence West and parallel with the south line of said Section Fourteen (14) a distance of 225.00 feet; thence North and parallel with the west right-of-way line of the Missouri Pacific Railroad a distance of 3.00 feet; thence East and' parallel with the south line of said section Fourteen (14) a distance of 225.00 feet; thence South and parallel with the west right-of-way line of the Missouri Pacific Railroad a distance of 3.00 feet to the point of beginning. for all rights of ingress and egress of the City, its servants, officers, employees, contractors, and franchisees, for the purpose of installing, repairing, replacing, and maintaining public utilities, public sidewalk,. and street signage, in perpetuity. IN WITNESS WHEREOF! the Grantor has signed this Permanent Easement this 14th day of JWle , 1991. Lt. Col. John D. Riddell, Post No. 1432 of The Veterans of Foreign Wars of the United states, Inc. . û By: ¿(:itfj---:-ße ~£~ (!~//?rþ~ Willie~eard comnander STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this 14t.h day of June, 1991, before me, the undersigned, a notary public in and for the county and state aforesaid, came Wi 11 ie Beard who is the comnander of Lt. Col. John D. Riddell, Post No. " . -. Misc.Bk i5n Pa Q/fo J' 1432 of The Veterans of Foreign Wars of the united states, Inc. who is personally known to me to be the same person who executed the above and foregoing instrument of writing on behalf of the grantor 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. -~~.",.,~.,.-,=.~~. ~ ()V~ ~~.t-l(~ J s Swedlund Notary Public -~ . JAMES SWEDLUi'lD ... NOTARY PUBliC MY-..=r-r- I ciTATE'OF KANSAS ~ ss.{ N OJ COUNTY. OF SALINE) filED FOR RECORD IN MY OFFICE. ON OCT - 6 1991 AT t$~ DY~ /ECORDED VOL T PAG~-9 / (p '. RF(', n¡: l'\J:pv, ~.~ ~~ -2- 4 1 . . t AGREEMENT This Agreement is made this 14th day of June , 1991, by and between Lt. col. John D. Riddell, Post No. 1432 of The Veterans of Foreign Wars of The united states, Inc. hereinafter referred to as the "Grantor," and the CITY OF SALINA, KANSAS, a municipal corporation, hereinafter referred to as the "city." RECITALS 1. The City, in conjunction with the Crawford 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, public sidewalk, and street signage, 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 the manner prescribed in Title III of the Uniform Relocation Assistance and Real Property Acquisition 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 public permanent easement in, through, over, and across real estate owned by the Grantor more particularly described as follows: 1. Permanent Easement: A parcel of land in the Southwest Quarter of section Fourteen (14), Township Fourteen (14) South, Range Three (3) West of the sixth Principal Meridian in Saline County, Kansas, described as follows: Beginning at a point 200.00 feet west and 30.00 feet north of the intersection of the west line of the right-of-way of the Missouri Pacific Railroad with the south line of said section Fourteen (14); thence West and parallel with the south line of said section Fourteen (14) a distance of 225.00 feet; thence North and parallel with the west right-of-way line of the Missouri Pacific Railroad " a distance of 3.00 feet; thence East and parallel with the south line of said section Fourteen (14) a distance of 225.00 feet; thence South and parallel with the west right-of-way line of the Missouri Pacific Railroad a distance of 3.00 feet to the point of beginning. B. Compensation. The City agrees to pay the Grantor upon closing the total sum of Two Thousand Seven Hundred Thirty-seven and 50/100 Dollars ($2,737.50) for the permanent easement, consisting of the following: 1. Permanent Easement $1,687.50 (675.00 sq. ft. at $2.50 per sq. ft.) 2. Damages to remaining property (reduced utility $600, redoing sprinkling system $450) 1. 050.00 Total Compensation $2,737.50 C. Permanent Easement Document. 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 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: None. E. Consent to Easement. In those cases where by permanent easement described in paragraph (A) is subject to mortgage or other liens or encumbrances, the Grantor 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 City's expense. ' F. Closing. Closing shall take place on or before JulY 15, 1991 At closing the Grantor shall: 1. deliver to the City the fully executed and acknowledged permanent easement documents, -2- .. 2. deliver to the City any necessary consent to easement documentation, 3. provide the City with any other necessary information such as Grantor's current mailing address and tax identification numbers, at which time the City shall pay Grantor the total compensation set forth in paragraph (B) above. G. Nonassiqnable. Grantor's rights under this Agreement shall not be assigned without the prior written consent of the City. H. Bindinq 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. Lt. Col. John D. Riddell, Post #1432 of The Veterans of Foreign Wars of the united states, Inc. By&þ-~~-¡j ~~~, Tax ID No. 'I fro O,ç:;'L¡ ? 7 p CITY OF SALINA, KANSAS By ,LZ~ ,/'1 . .¡;;-1 -3- PERMANENT EASEMENT THIS INDENTURE, made this day of , 1991, by and between Lt. Col. John D. Riddell, Post No. 1432 of The Veterans of Foreign Wars of the United states, Inc. (the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation (the "City"). WITNESSETH: The Grantor for a good and valuable consideration, the receipt and sufficiency of which is 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 as fo~lC'"s: A parcel of land in the Southwest Quarter of Section Fourteen (14), Township Fourteen (14) South, Range Three (3) West of the sixth Principal Meridian in Saline County, Kansas, described as follows: Beginning at a point 200.00 feet west and 30.00 feet north of the' intersection of the west line of the right- of-way of the Missouri Pacific Railroad with the south line of said section Fourteen (14); thence West and parallel with the south line of said Section Fourteen (14) a distance of 225.00 feet; thence North and parallel with the west right-of-way line of the Missouri Pacific Railroad a distance of 3.00 feet; thence East and' parallel with the south line of said Section Fourteen (14) a distance of 225.00 feet; thence South and parallel with the west right-of-way line of the Missouri Pacific Railroad a distance of 3.00 feet to the point of beginning. t t for all rights of ingress and egress of the City, its servants, officers, employees, contractors, and franchisees, for the purpose of installing, repairing, replacing, and maintaining public utilities, public sidewalk,. and street signage, in perpetuity. IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement this day of , 1991. Lt. Col. John D. Riddell, Post No. 1432 of The Veterans of Foreign Wars of the United states, Inc. By: STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this day of , 1991, before me, the undersigned, a notary public in and for the county and state aforesaid, came who is the of Lt. Col. John D. Riddell, Post No. Exhibit A 1432 of The Veterans of Foreign Wars of the united states, Inc. who is personally known to me to be the same person who executed the above and foregoing instrument of writing on behalf of the grantor 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 -2-