Block 8GRANT OF PUBLIC RIGHT-OF-WAY, PERMANENT EASEMENT,
AND TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this.2 f~G-day of February, 2000, by and between THE
BENNINGTON STATE BANK, a Kansas banking corporation, (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 the following:
Public Right-of-Way. A public right-of-way for the purposes of constructing,
repairing, replacing, and maintaining public street and drainage improvements,
traffic signals, and public utilities, in perpetuity.
Permanent Easement. A permanent easement in, through, over, and across a certain
portion of land owned by the Grantor, for all rights of ingress and egress of the City,
its servants, officers, employees, contractors, and franchisees, for purposes of
constructing and maintaining public utilities, street drainage, street signage, and
sidewalk improvements, in perpetuity.
Temporary Construction Easement. A temporary construction easement, in,
through, over, and across a certain portion of land owned by the Grantor, for all
rights of ingress and egress of the City, its employees, contractors, and franchisees,
for purposes of matching grade between project improvements and improvements
such as driveways and sidewalks, for a term of two years commencing with the date
of this Indenture.
all as legally described on the attached and incorporated Exhibit A and as depicted on the
Engineering drawing attached and incorporated as Exhibit B.
IN WITNESS WHEREOF, the Grantor has signed this Indenture the day and year first
above written.
STATE OF KANSAS [. ~...I FILEDFOERECORD
cou.nto s ,,. j ,. omc2^,
HAR 2 7 Z000 ^...u,¥
RECORDED
,REG. OFDEEDS
THE BENNINGTON STATE BANK
Burke Lee l*latthews
[Name]
[Title]
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this Y¥'b~day of February, 2000, before me, the
undersigned, a notary public in and for the county and state aforesaid, came
.~ ,5/-~-a' oP.. }//cE r~i.~tOCt,£of THE BENNINGTON STATE BANK,
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 on behalf of the Bank.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year last above written.
IA real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
Notary Public
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BenningU)n SUM Bank
City of Salina
vrojea 98-1138
Ohio Street, Tract 43
RIGHT OF WAY
tract of land in Lots 3 and 4, Block 8, Belmont Addition to the City of Salina, Saline County,
Kansas descn~oed as follows:
Commencing at the Southeast comer of said Block 8; thence Northerly along the East line of said
Block 8 on an assumed bearing of N 00°0W00"E a distance of 312.58 feet to the point of be~nnin~,
thence continuing N 00°00'00'E along said East line a distance of 60.62 feet; thence N 90°00'00'W a
distance of 2.50 feet; thence S 00°00'00~E a distance_ of 23.02 feet; thence S 03°48'14'E a distance of
37.68 feet to the point of ben-inning, containing 105 square feet, more or less.
PERMANENT EASEMENT
~/~ tract of !and in Lots 3, 4 and $, Block 8, Belmont Addition to the City of Salina. Saline
County, I~n~as descnt~! as follows:
Commencing at the Southeast corner of said Block 8; thence Northerly along the East line of said
Block 8 on an assumed bearing ofN O0°O0'O0"E a distance of240, lS feet to the point of beginning;
thence N 04°05'34~/~' a distance of 105.09 feet; thence N 00°00'00'E a distance of 28.20 feet; thence N
90°00'00~E a disto___noe_ of S.00 feet; thence S 00°00'00'E a distance of 23.02 feet; thence S 03°48'14~E a
distance of 37.68 feet to a point on the East line of said Block 8; thence S 00°00'00'E along said East line
a distance of 72.40 feet tO the point ofb~'nning, col~t~ining 500 square feet, more or less.
PERMANENT EASEMENT
./A tract of land inLot 10, Block 8, Belmont Addition to the City of Salina, Saline County,
described as follows:
Beginning at the Southeast comer of said Lot 10; thence Westerly along the South line of said
Lot 10 along a curve to the right that has an Arc length of 3.00 feet, a radius of 100.22 feet and a Delta
angle of 01°42'55'; thence N 31°11'32~E a distance of 5.79 feet to a point on the East line of said Lot 10;
thence S 00°00'00~E along said East line a distance of 5.00 feet to the point of be~nnlng, coDtainlng 7.5
square feet, more or less ........
CONSTRUCTION EASEMENT
County'~/KA tract of land in Lots 3, 4,5 and 10, Block 8, Belmont Addition to the city of Salina~ Saline
an.~s described as follows:
Commencing at the Southeast corner of said Block 8; thence Northerly along the East line of said
Block 8 on an assumed bearing ofN 00°00'00~E a distance of 5.00 feet to the point of b~nning; thence
continuing N 00°00'00'E along said East line a distance of 235.18 feet; thence N 04°05'34%V a distance
of 105.09 feet; thence N 00°00'00~E a distance of 28.20 feet; thence N 90°00'00~W a distance of 11.50
feet; thence S 00°00'00'E a distance of 53.20 feet; thence N 90°00'00"E a distance of 10.00 feet; thence S
00°00'00'E a distance of 110.00 feet; thence N 90°00'00~W a distance of 2.00 feet; thence S 00°00'00~E a
distance of 60.00 feet; thence N 90°00'00~E a distance of 6.00 feet; thence S 00°00'00'E a distance of
Exhibit A
IIIIll OAI
&COMPANY
149.88 feet to a point on the South line of said Block 8; thence Easily along th~ South line of said Block
8 along a curv~ to the lei~ that' has an A~ length of 2.00 feet, a radiu~ of 100.22 feet and a Delta angle of
01°08'40'; thence N 31°11'32"E a distance of 5.79 feet to thc point ofbe~nning, containing 2799 square
feet, more or less.
Exhibit A
1411L Olll
&COMPANY
EASEMENT ACQUISITION
OWNER: Bennington State Bank.
SALINA, K5 67401
Lot t-I0
Block 8
Belmont Addition
50'
LEGAL DESCRIPTION:
"This does not constitute o
legal survey, drawing is for
Exhibit B
PAGE I OF 2
AGREEMENT
This Agreement is made this:`? ¥~ay of February, 2000, by and between BENNINGTON
STATE BANK, a Kansas banking corporation, (the "Owner"), and the CITY OF SALINA,
KANSAS, a municipal corporation, (the "City").
RECITALS
A. The City, in conjunction with the South Ohio Street Improvement Project, wishes
to acquire from the Owner certain public right-of-way over a portion of land owned by the
Owner.
B. The City, also in conjunction with the South Ohio Street 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 constructing and maintaining public
utilities, street drainage, street signage, and sidewalk improvements in perpetuity.
C. The City, also in conjunction with the South Ohio Street Improvement Project,
wishes to acquire from the Owner a temporary construction easement affecting a certain portion
of land owned by the Owner for all rights of ingress and egress of the City, its employees,
contractors, and franchisees, for purposes of matching grade between project improvements and
improvements such as driveways and sidewalks, for a term of two years.
D. The City has caused the public right-of-way, permanent easement, and temporary
construction 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.
E. It is the desire of the Owner to convey the public right-of-way, permanent
easement, and temporary construction easement to the City upon the terms and conditions
contained in this Agreement.
FOR AND IN CONSIDERATION of the mutual and reciprocal promises and
agreements set forth herein, the parties agree as follows:
1. Description. The public right-of-way, permanent easement, and temporary
construction easement to be conveyed by the Owner to the City shall be as legally described on
the attached and incorporated Exhibit A and as depicted on the Engineering Drawing attached
and incorporated as Exhibit B (the "Right-of-Way", "Permanent Easement, and "Temporary
Construction Easement").
2. Compensation. The City agrees to pay the Owner upon closing the total sum of
Eleven Thousand Seven Hundred Seventy and no/100 Dollars ($11,770.00) for the Right-of-
Way, Permanent Easement, and Temporary Construction Easement consisting of the following:
a. Right-of-Way $ 525.00
105 sq. fi. ~ $5.00/sq. ft.
b. Permanent Easement 2,500.00
500 sq. ft. ~ $5.00/sq. ft.
c. Permanent Easement 37.50
7.5 sq. ft. ~ $5.00/sq. ft.
d. Temporary Construction Easement 6,997.50
2,799 sq. ft. ~ $5.00/sq. ft. + 2
e. Damages to remaining property 1,710.00
Loss of 4 trees and landscaping $375;
relocate 2 signs $485; relocate 14
sprinkler heads $350; reduced utility $500
Total Compensation
$11,770.00
3. Documents. The Owner agrees that the Right-of-Way, Permanent Easement, and
Temporary Construction Easement shall be conveyed to the City by the Owner's execution and
delivery to the City of a Grant of Public Right-of-way, Permanent Easement, and Temporary
Construction Easement identical to the copy attached as Exhibit C to this Agreement, which 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. The Owner covenants that it is the lawful owner of the real
estate affected by the Right-of-Way, Permanent Easement, and Temporary Construction
Easement (the "Real Estate") and that the Real Estate is not subject to any contract for sale or
other liens and encumbrances.
5. Partial Mortgage or Other Lien Release. In those cases where the Real Estate is
subject to mortgage or other liens or encumbrances, the Owner 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 Right-of-Way relates from any mortgage or other lien
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 expense of the City.
6. Consent to Easement. In those cases where the Permanent Easement and
Temporary Construction Easement are 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.
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7. Closing. Closing shall take place on or before
the Owner shall:
,2000. At closing
ao
deliver to the City the fully executed and acknowledged Grant of Public Right-of-
Way, Permanent Easement, and Temporary Construction Easement document,
deliver to the City any necessary partial mortgage release or other lien release
documentation,
c. deliver to the City any necessary consent to permanent easement documentation.
provide the City with any other necessary information such as the Owner's
current mailing address and tax identification number,
at which time the City shall pay Owner the total compensation set forth in paragraph (2) above.
8. Possession. The City shall be entitled to possession of the Right-of-Way,
Permanent Easement, and Temporary Construction Easement immediately upon closing. The
Temporary Construction Easement shall be effective for a term of two years.
9. Nonassignable. The Owner's rights under this Agreement shall not be assigned
without the prior written consent of the City.
10. 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.
"Owner"
BENNIN/~ STATE BANK
Tax ID No. c/~o , (~/~ '/
[Title]
CITY OF SALINA, KANSAS
Dennis M. Kissing~r, City Manager
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GRANT OF PUBLIC RIGHT-OF-WAY, PERMANENT EASEMENT,
AND TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this __ day of February, 2000, by and between THE
BENNINGTON STATE BANK, a Kansas banking corporation, (the "Grantor"), and the City of
Salina, Kansas, a municipal corporation, (the "City").
WlTNESSETH: 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 the following:
Public Right-of-Way. A public right-of-way for the purposes of constructing,
repairing, replacing, and maintaining public street and drainage improvements,
traffic signals, and public utilities, in perpetuity.
Permanent Easement. A permanent easement in, through, over, and across a certain
portion of land owned by the Grantor, for all rights of ingress and egress of the City,
its servants, officers, employees, contractors, and franchisees, for purposes of
constructing and maintaining public utilities, street drainage, street signage, and
sidewalk improvements, in perpetuity.
Temporary Construction Easement. A temporary construction easement, in,
through, over, and across a certain portion of land owned by the Grantor, for all
rights of ingress and egress of the City, its employees, contractors, and franchisees,
for purposes of matching grade between project improvements and improvements
such as driveways and sidewalks, for a term of two years commencing with the date
of this Indenture.
all as legally described on the attached and incorporated Exhibit A and as depicted on the
Engineering drawing attached and incorporated as Exhibit B.
IN WITNESS WHEREOF, the Grantor has signed this Indenture the day and year first
above written.
THE BENNINGTON STATE BANK
By:
[Name]
[Title]
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this
undersigned, a notary public in and for
day of February, 2000, before me, the
the county and state aforesaid, came
, of THE BENNINGTON STATE BANK,
Exhibit C
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 on behalf of the Bank.
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 K.S.A. 79-1437e(a)(13)]
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