I-135 Interchange Easement
'. ~PR'-
.., '. . 2-96 TUE: 13: 38 ROBE:RT M. W~SKO
,"
913 823 2946
P.02
"-',
I
\
",-,
(
AGREEMENT
This Agreement is made this ~ay of November, 1995. by and between '
EQUITABLE LIFE ASSURANCE SOCIETY OF TIlE UNITED STATES, hereinafter
referred to as the "Grantor." and the CITY OF SALINA, KANSAS. a municipal corporation,
hereinafter referred to as the "City."
RECITALS
A, The Grantor owns the Mid.State Mall located on the southwest corner of the
intersection of South Ninth Street and Magnolia Road in Salina, Kansas (the "Mall"),
B. In order to provide for construction of the Magnolia Road and Interstate 135
interchange project (the "Project"), The City must acquire from the Grantor certain controlled
access highway right-or.way and temporary easement necessary for con~truction of the Project.
C. Kansas Department of Transportation bidding deadlines required that the City
initiate eminent domain proceedings in the Saline County District Court (Case Number 95-CVC-
591) to assure timely acquisition of the right-of.way and temporary easement (the "Eminent
Domain Proceeding"). The parties wish to settle the entire matter of just compensation owed by
the City to the Grantor arising from construction of the Project, including (1) the purchase of
restricted access highway right.of-way, (2) the purchase of temporary easement, (3) the
restriction of access to and from the Mall in relation to Magnolia Road resulting from
construction of the Project, and (4) any other impact upon or damage to Grantor's property
resulting from the Project (referred to in the aggregate as "Just Compensation").
D. The patties believe the public interest will be best served by addressing the matter
of just compensation for the restriction of access to and from Grantor's property in relation to
Magnolia Road in the form of improvements to be constructed to enhance Grantor's remaining
access to Magnolia Road (the "Access Improvements").
FOR AND IN CONSIDERATION of mutual and reciprocal promises and agreements
set forth herein, the parties agree as follows:
/
1. ~scription. The interests in real estate to be conveyed by the Grantor to the City
shall be controlled access highway right-of-way legally described on Exhibit A to this
Agreement and referred to as "Tract 4"; and temporary easement legally described on Exhibit B
to this Agreement and referred ~ as "Tract 4A." Attached as Exhibit C to this Agreement is an
engineering drawing depicting the Tract 4 with access control, Tnct 4A, M.d the access eontrol
along M.agnoHa resulting from construction of the Project.
2. Compensation. The City agrees to pay and the Grantor agrees to accept as Just
Compensation the total sum of two Hundred Two Thousand Six Hundred Ninety-seven and
no/l00 Dollars ($202,697.00), as follows:
EXHIBIT -A" i
1
AP~- 2-96 TUE 13:38 ROBERT M. WASKO
913 823 2946
P.03
r"r',
(-.
'.
Tract ~
3,585 acres or 156,163 square feet at $.90
per square foot
$140,546.00
Tract 4A
0.177 acre or 7,710 square feet at $.70
per square foot times 14% times 2 years
1,511.00
Asphalt replacement on temporary easement
3,700.00
Access Improvements
Construct concrete curb and gutter,
1,270 1.f. @ $15
Asphalt Overlay, 1.5't, 12,500 sJ.
@$1
Asphalt Full-Depth Patch, 3,000 s.f.
@$3
Pavement marking. removal, and
replacement
Sub~Total
25% Contingency
$19,050.00
12,500.00
9,000.00
5.000.00
$45,500.00
11)90.00
56.940.00
TOTAL
$202,697.00
3. Access Improvements. The parties acknowledge that the estimated cost of Access
Improvements outlined in paragraph (2) is based upon a preliminary access improvement plan.
The Grantor covenants that the amount allocated in paragraph (2) shall be used for access
improvements in accordance with a final access improvement plan submitted to the City for
approval as to the following:
a. Configuration of access does Dot adversely impact traffic safety;
b. Proper utilization qf funds allocated in paragraph (2) for access improvements
excluding utilization of sa.id funds for any landscaping;
such approval by the City shall not be unreasonably withheld. This covenant shall remain in
effect beyond the closing of this Agreement. If Grantor fails to use the amount allocated in
paragraph (2) for access improvements within nine (9) months following construction of the
Project, such unused sums shall be repaid to the City.
2
APR":'
2-96 TUE 13:39 ROBERT M. WASKO
913 823 2946
P.04
. ..
_ . t" _
I",
('-"
4. Parking Spaces. The parties acknowledge that the Access Improvements will
result in the elimination of a number of parking spaces in the existing Mall parking lot. The City
assures the Grantor that it will assist the Grantor, as the City normally would, in maximizing
consideration of the remaining parking spaces when analyzing the Mall's current and future
compliance with the city's zoning regulations regarding off-street parking.
s. Right-or-Way Deed and Temporary Easement Document. The Grantor agrees
that the restricted access highway right-of-way shall be conveyed to the City by Grantor's
execution and delivery to the City of a Right-of-Way Deed identical to the copy attached as
Exhibit D to the Agreement, and a Temporary Easement document identical to the copy attached
as Exhibit E to this Agreement. The Right.of-Way Deed and Temporary Easement document
shall be recorded by:.the City with the office of the Saline County Register of Deeds, at the
City's expense.
6. Covenant of Title. Grantor covenants that Grantor is the lawful owner of the real
estate described in paragraph (1) above and that the real estate is not subject to any contract for
sale or other liens and encumbrances except easements and restrictions of record.
7. Title Insurance. The City wishes to insure title to Tract 4, at the City's expense,
and has obtained a commitment for an owner's title insurance policy covering Tract 4. If
Grantor takes any action between execution of this Agreement and closing which results in the
Grantors' inability to furnish marketable title to the City, then this Agreement shall be null and
void and the Eminent Domain Proceeding shall be completed.
8. Closing. Closing shall take place on or before November 8, 1995, (the
"Closing"). At Closing the Grantor shall deliver to the City the fully executed and
acknowledged Right-of-Way Deed and Temporary Easement documents; and the City shall pay
Grantor tile total compensation set forth in paragraph (2) above.
9. Dismissal of Eminent Domain Proceedin~. Promptly following the Closing, the
City agrees to dismiss the Eminent Domain Proceeding and to pay any costs associated
therewith, including reasonable fees for work performed by the court-appointed panel of
appraisers, The Grantor agrees to consent to such dismissal of the Eminent Domain Proceeding.
10. Release from Further Claims. Upon the closing of this Agreement and dismissal
of the Eminent Domain Proceeding, the Grantor releases the City from any further claim for Just
Compensation, and acknowledges that under Kansas law it has no claim and shall make no claim
for expenses (including attorney's fees, private appraiser's fees. other professional fees, and any
other costs) resulting from the City's dismissal of the Eminent Domain Proceeding prior to the
filing of the appraisers' report. This release :shall remain in effect beyond the closing of this
agreement.
11. Allocation ofExoenses. The allocation of expenses shall be as follows:
3
~PR- 2-96 TUE 13:40 ROBERT M. WASKO
913 823 2946
P.0S
-' ~
,
..
r"
(~'\
a. The Grantor shall pay all of its own expenses incurred in this matter, including,
but not limited to. attorney's fees, private appraiser's fees, other professional fees, and
any other costs.
b. The City shall pay:
(1) Its own professional fees.
(2) The title insurance premium.
(3) The cost of recording the transfer documents.
(4) The costs of the Eminent Domain Proceeding.
12. Nonassignablo. Grantor's rights under this Agreement shall not be assigned
without the prior written consent of the City.
13. Binding Effect~ The terms ofthi8 Agreement shall be binding upon and inure to
the benefit of the parties and their successors and assigns..
IN WITNESS WHEREOF. the parties have hereunto set their hands the day and year
first above written.
EQUITABLE LIFE ASSURANCE SOCIETY OF
THE UNITED STArES
By
41d. U dtll()VL
Lin a 1. Wilmor . CPM, CSM, Cl\ID FlE
B-in~tot- of Ai!:"t MaftaA~mtmt 1~~~M~~I~~~CE:R
TaxIDNo. 58-lq163 bS- .
CITY OF SALINA, KANSAS
By
--~
Attc:st:
~ l). ~~
J dy D. L g, . y~Clerk .
4