Lot 1, Block 1 PERMANENT EASEMENT
THIS INDENTURE, made this i6th day of February , 1990, by
and between Bobbie E. Ott and Dianne J. Ott, his spouse (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 North Five (5) feet of the West One Hundred
Seventy (170) feet of the East One Hundred Seventy-seven
and Fifty Hundreds (177.5) feet of Lot One (1), Block One
(1) of Bond's Addition to the City of Salina, Saline
County, Kansas, containing Eight Hundred Fifty (850)
square feet, more or less.
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 Grantors have signed this Permanent
Easement this 16th day of February , 1990.
~ ~ ~LINE~ IN MY ~FI~ AT
· ~ ~,D ~V Bob~e E. Ott
~T~T~ OF ~S~S~ S~L~E CO~TY~ ss:
before me, the undersigned, a notary public in and for the county
and state aforesaid, came Bobbie E. Oft and Dianne J. Ott, his
spouse, 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 ~EREOF, I have hereunto subscribed my name and
affixed my official seal the day and year last above written.
~_ .~7a~ ~ K~NSA$ Notary (~ublic
RIGHT-OF-WAY DEED
THIS INDENTURE, made this ±6th day of FeDruarf , 1990, by
and between BOBBIE E. OTT and DIANNE J. OTT, his spouse, (the
"Grantors") and THE CITY OF SALINA, KANSAS, a municipal corporation
(the "City"):
WITNESSETH: That the Grantors, for good and valuable
consideration, receipt of which is hereby acknowledged, do hereby
grant, bargain, sell, and convey unto the City, that certain
portion of land owned by the Grantors, more particularly described
as follows:
A tract of land located in the Northwest corner of
Lot One (1), Block One (1) of Bond's Addition to the City
of Salina, Saline County, Kansas, more particularly
described as follows:
Beginning at the Northwest corner of said
Lot One (1); thence East along the North line
of said Lot One (1), a distance of Twenty-five
(25) feet; thence South parallel with the West
line of said Lot One (1), a distance of five
(5) feet; thence West parallel with the North
line of said Lot One (1), a distance of Five
(5) feet, to a point Five (5) feet South and
Twenty (20) feet East of the Northwest corner
of said Lot One (1); thence Southwesterly, a
distance of Twenty-eight and Twenty-eight One
Hundreds (28.28) feet, more or less, to a
point on the West line of said Lot One (1) and
Twenty-five (25) feet South of the Northwest
corner thereof; thence North along the West
line of said Lot One (1), a distance of
Twenty-five (25) feet back to the point of
beginning, containing Three Hundred Twenty-
five (325) square feet, more or less.
as public right-of-way for the purpose of constructing, installing,
repairing, replacing, and maintaining a public street and public
utilities, in perpetuity.
IN WITNESS WHEREOF, the Grantors has hereunto caused this
instrument to be executed the day and year first above written.
Bobble E. Ott
STATE OF KANSAS, COUNTY OF SALINE, ss:
BE IT REMEMBERED, that on this i6ti~ day of FeDruar/ ,
1990, before me, the undersigned, a notary public in and for the
county and state aforesaid, came Bobble E. crt and Dianne J. crt,
his spouse, 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.
~ATE ~
~~~ ~ J No tar y ~ub 1 is
COUNTY OF SALINE ~'~
HLED FOE EECORD IN ~¥ OFFICE
ON FEB 2 3 ~990 AT ~-.:~:~e. in Frans,er Record in my office, this
./ // _uq~ ' ~ ~ ~
: : ~ :
% % C[FR~ : S
AGREEMENT
This Agreement is made this ~6th day of February, 1990, by
and between BOBBIE E. OTT and DIANNE J. OTT, his spouse,
hereinafter referred to as the "Grantors," and the CITY OF SALINA,
KANSAS, a municipal corporation, hereinafter referred to as the
"City."
RECITALS
(1) The City, in conjunction with the Ninth Street and
Crawford Avenue improvement project, wishes to acquire from the
Grantors a certain portion of land owned by the Grantors as public
right-of-way for the purpose of constructing, repairing, replacing,
and maintaining a public street and public utilities, in
perpetuity, hereinafter referred to as the "right-of-way."
(2) The City, also in conjunction with the Ninth Street and
Crawford Avenue improvement project, wishes to acquire from the
Grantors a permanent easement in, through, over, and across a
certain portion of land owned by the Grantors 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."
(3) The City, also in conjunction with the Ninth Street and
Crawford Avenue improvement project, wishes to acquire from the
Grantors a temporary construction easement in, through, over and
across a certain portion of land owned by the Grantors for the
purpose of matching grade between project improvement and existing
concrete improvements such as driveways and sidewalks, hereinafter
referred to as the "temporary construction easement."
(4) The City has caused the right-of-way, permanent easement,
and temporary construction easement to be acquired to be appraised
and has negotiated a purchase price with the Grantors, all in the
manner prescribed in Title III of the Uniform Relocation Assistance
and Real Property Acquisition Act of 1970.
(5) It is the desire of the Grantors to convey the 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 mutual and reciprocal promises
and agreements set forth herein, the parties agree as follows:
(A) Description. The interest to be conveyed by the Grantors
to the City shall be public right-of-way, a permanent easement, and
a temporary construction easement in, through, over, and across
real estate owned by the Grantors, more particularly described as
follows:
1. Right-of-Way. A tract of land located in the Northwest
corner of Lot One (1), Block One (1) of Bond's Addition
to the City of Salina, Saline County, Kansas, more
particularly described as follows:
Beginning at the Northwest corner of said Lot One (1);
thence East along the North line of said Lot One (1), a
distance of Twenty-five (25) feet; thence South parallel
with the West line of said Lot One (1), a distance of
five (5) feet; thence West parallel with the North line
of said Lot One (1), a distance of Five (5) feet, to a
point Five (5) feet South and Twenty (20) feet East of
the Northwest corner of said Lot One (1); thence
Southwesterly, a distance of Twenty-eight and Twenty-
eight One Hundreds (28.28) feet, more or less, to a point
on the West line of said Lot One (1) and Twenty-five (25)
feet South of the Northwest corner thereof; thence North
along the West line of said Lot One (1), a distance of
Twenty-five (25) feet back to the point of beginning,
containing Three Hundred Twenty-five (325) square feet,
more or less.
2. Permanent Easement. The North Five (5) feet of the West
One Hundred Seventy (170) feet of the East One Hundred
Seventy-seven and Fifty Hundreds (177.5) feet of Lot One
(1), Block One (1) of Bond's Addition to the City of
Salina, Saline County, Kansas, containing Eight Hundred
Fifty (850) square feet, more or less.
3. Temporary Construction Easement. A tract of land all
located in Lots One (1), Three (3), and Five (5), Block
One (1) of Bonds Addition to the City of Salina, Saline
County, Kansas, more particularly described as follows:
Beginning at the Southwest corner of Lot Five (5), Block
One (1) of Bond's Addition; thence North along the West
line of Lots Five (5), Three (3), and One (1), Block One
(1), a distance of One Hundred Twenty-five (125) feet to
a point Twenty-five (25) feet South of the Northwest
corner of said Lot One (1); thence Northeasterly, a
distance of Twenty-eight and Twenty-eight One Hundreds
(28.28) feet, more or less, to a point Twenty (20) feet
East of and Five (5) feet South of the Northwest corner
of said Lot One (1); thence East parallel with the North
line of said Lot One (1), a distance of One Hundred
Seventy-five (175) feet; thence South parallel with the
West line of said Lot One (1), a distance of Seven (7)
feet; thence West parallel with the North line of said
Lot One (1), a distance of Sixty-seven (67) feet, thence
South parallel with the West line of said Lot One (1),
a distance of Five (5) feet; thence West parallel with
the North line of said Lot One (1), a distance of
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Seventy-five (75) feet; thence North parallel with the
West line of said Lot One (1), a distance of Five (5)
feet; thence West parallel with the North line of said
Lot One (1), a distance of Twenty (20) feet to a point
Twelve (12) feet South of and Thirty-three (33) feet East
of the Northwest corner of said Lot One (1); thence
Southwesterly, a distance of Twenty-eight and Twenty-
eight One Hundreds (28.28) feet, more or less, to a point
Thirteen (13) feet East of and Thirty-two (32) feet South
of the Northwest corner of said Lot One (1); thence South
parallel with the West line of said Lots One (1), Three
(3), and Five (5), a distance of One Hundred Eighteen
(118) feet; thence West along the South line of said Lot
Five (5), a distance of Thirteen (13) feet, back to the
point of beginning, containing Three Thousand Five
Hundred Thirty-four (3,534) square feet, more or less.
(B) Compensation. The City agrees to pay the Grantors upon
closing the total sum of Thirty-four Thousand Dollars ($34,000.00)
for the right-of-way, permanent easement, and temporary
construction easement, consisting of the following:
1. Right-of-way of 325
square feet, currently
zoned C-5 at $5.00 per
square foot $ 1,625.00
2. Permanent easement
850 square feet,
currently zoned C-5
at $5.00 per square
foot $ 4,250.00
3. Temporary construction
easement of 3,534 square
feet currently zoned C-5
at $5.00 per square foot
times one year annual
return of 12.5%
($17,670 x .125) $ 2,208.75
4. Damages to remaining
property:
a. reduced utility
factor $10,533.83
b. move pump island 9,309.36
c. electrical service 4,468.00
d. move sign 1,605.06
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Total Damages to
Remaining Property $25,916.25
Total Compensation $34,000.00~
(C) Right-of-Way Deed, Permanent Easement and Temporary
Construction Easement Documents. The Grantors agrees that the
right-of-way shall be conveyed to the city by Grantors' execution
and delivery to the City of a Right-of-Way Deed identical to the
copy attached as Exhibit "A" to this Agreement, a Permanent
Easement document identical to the copy attached as Exhibit "B" to
this Agreement, and a Temporary Construction Easement document
identical to the copy attached as Exhibit "C" to this Agreement.
The Right-of-Way Deed, Permanent Easement, and Temporary
Construction Easement 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. Grantors covenants that Grantor
Bobble E. Ott 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.
(E) Partial Mortgage or Other Lien Release. In those cases
where the right-of-way described in paragraph (A) is subject to
mortgage or other liens or encumbrances, the Grantors 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 City's
expense.
(F) Consent to Easement. In those cases where by permanent
easement or temporary construction easement described in paragraph
(A) is subject to mortgage or other liens or encumbrances, the
Grantors 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.
(G) Closing. Closing shall take place on or before the
day of March , 1990. At closing the Grantors shall:
1. deliver to the City the fully executed and acknowledged
Right-of-Way Deed, Permanent Easement, and Temporary
Construction Easement documents,
2. deliver to the City any necessary partial mortgage
release or other lien release documentation,
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3. deliver to the City any necessary consent to easement
documentation, and
4, provide the City with any other necessary information
such as Grantors' current mailing address and social
security number or tax identification number,
at which time the City shall pay Grantors the total compensation
set forth in paragraph (B) above.
(H) Nonassignable. Grantors' rights under this Agreement
shall not be assigned without the prior written consent of the
City.
(I) 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.
Grantors
Bobble E. Ott
Dlanne J. Ot~/
CITY OF SALINA, KANSAS
Dennis M. Kis'~inge~,
City Manager
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RIGHT-OF-WAY DEED
THIS INDENTURE, made this day of , 1990, by
and between BOBBIE E. OTT and DIANNE J. OTT, his spouse, (the
"Grantors") and THE CITY OF SALINA, KANSAS, a municipal corporation
(the "city"):
WITNESSETH: That the Grantors, for good and valuable
consideration, receipt of which is hereby acknowledged, do hereby
grant, bargain, sell, and convey unto the City, that certain
portion of land owned by the Grantors, more particularly described
as follows:
A tract of land located in the Northwest corner of
Lot One (1), Block One (1) of Bond's Addition to the City
of Salina, Saline County, Kansas, more particularly
described as follows:
Beginning at the Northwest corner of said
Lot One (1); thence East along the North line
of said Lot One (1), a distance of Twenty-five
(25) feet; thence South parallel with the West
line of said Lot One (1), a distance of five
(5) feet; thence West parallel with the North
line of said Lot One (1), a distance of Five
(5) feet, to a point Five (5) feet South and
Twenty (20) feet East of the Northwest corner
of said Lot One (1); thence Southwesterly, a
distance of Twenty-eight and Twenty-eight One
Hundreds (28.28) feet, more or less, to a
point on the West line of said Lot One (1) and
Twenty-five (25) feet South of the Northwest
corner thereof; thence North along the West
line of said Lot One (1), a distance of
Twenty-five (25) feet back to the point of
beginning, containing Three Hundred Twenty-
five (325) square feet, more or less.
as public right-of-way for the purpose of constructing, installing,
repairing, replacing, and maintaining a public street and public
utilities, in perpetuity.
IN WITNESS WHEREOF, the Grantors has hereunto caused this
instrument to be executed the day and year first above written.
Bobbie E. Ott
Exhibit A
Dianne J. Ott
STATE OF KANSAS, COUNTY OF SALINE, ss:
BE IT REMEMBERED, that on this day of ,
1990, before me, the undersigned, a notary public in and for the
county and state aforesaid, came Bobbie E. Ott and Dianne J. Ott,
his spouse, 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
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PERMANENT EASEMENT
THIS INDENTURE, made this day of , 1990, by
and between Bobble E. Ott and Dianne J. Ott, his spouse (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 North Five (5) feet of the West One Hundred
Seventy (170) feet of the East One Hundred Seventy-seven
and Fifty Hundreds (177.5) feet of Lot One (t), Block One
(1) of Bond's Addition to the city of Salina, Saline
County, Kansas, containing Eight Hundred Fifty (850)
square feet, more or less.
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 Grantors have signed this Permanent
Easement this day of , 1990.
Bobbie E. Ott
Dianne J. Ott
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this day of , 1990,
before me, the undersigned, a notary public in and for the county
and state aforesaid, came Bobbie E. Ott and Dianne J. Ott, his
spouse, 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
Exhibit B
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this day of , 1990, by
and between Bobble E. Ott and Dianne J. Ott, his spouse (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 temporary construction easement in, through, over, and
across a certain portion of land owned by the Grantors, more
particularly described as follows:
A tract of land all located in Lots One (1), Three
(3), and Five (5), Block One (1) of Bonds Addition to
the City of Salina, Saline County, Kansas, more
particularly described as follows:
Beginning at the Southwest corner of Lot Five
(5), Block One (1) of Bond's Addition; thence
North along the West line of Lots Five (5),
Three (3), and One (1), Block One (1), a
distance of One Hundred Twenty-five (125) feet
to a point Twenty-five (25) feet South of the
Northwest corner of said Lot One (1); thence
Northeasterly,.a distance of Twenty-eight and
Twenty-eight One Hundreds (28.28) feet, more
or less, to a point Twenty (20) feet East of
and Five (5) feet South of the Northwest
corner of said Lot One (1); thence East
parallel with the North line of said Lot One
(1), a distance of One Hundred Seventy-five
(175) feet; thence South parallel with the
West line of said Lot One (1), a distance of
Seven (7) feet; thence West parallel with the
North line of said Lot One (1), a distance of
Sixty-seven (67) feet, thence South parallel
with the West line of said Lot One (1), a
distance of Five (5) feet; thence West
parallel with the North line of said Lot One
(1), a distance of Seventy-five (75) feet;
thence North parallel with the West line of
said Lot One (1), a distance of Five (5) feet;
thence West parallel with the North line of
said Lot One (1), a distance of Twenty (20)
feet to a point Twelve (12) feet South of and
Thirty-three (33) feet East of the Northwest
corner of said Lot One (1); thence
Southwesterly, a distance of Twenty-eight and
Twenty-eight One Hundreds (28.28) feet, more
or less, to a point Thirteen (13) feet East of
Exhibit C
and Thirty-two (32) feet South of the
Northwest corner of said Lot One (1); thence
South parallel with the West line of said Lots
One (1), Three (3), and Five (5), a distance
of One Hundred Eighteen (118) feet; thence
West along the South line of said Lot Five
(5), a distance of Thirteen (13) feet, back to
the point of beginning, containing Three
Thousand Five Hundred Thirty-four (3,534)
square feet, more or less.
for all rights of ingress and egress of the city, its servants,
officers, employees, contractors, and franchisees, for the purpose
of matching grade between project improvements and existing
concrete improvements such as driveways and sidewalks, for a term
of one year commencing with the date of this indenture.
IN WITNESS WHEREOF, the Grantors have signed this Permanent
Easement this day of , 1990.
Bobbie E. Ott
Dianne J. Ott
STATE OF KANSAS, COUNTY, ss:
BE IT REMEMBERED, that on this day of , 1990,
before me, the undersigned, a notary public in and for the county
and state aforesaid, came Bobble E. Ott and Dianne J. Oft, his
spouse, 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
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