Donation of Right-of-way
..,
, .
AGREEMENT FOR DONATION OF RIGHT -OF -WAY
This Agreement is made thi~~y of June, 2002, by and ROBERT L. HOMMES and
ELEANOR HOMMES, husband and wife, (the "Owner"), and the City of Salina, Kansas, a
municipal corporation, (the "City").
RECIT ALS
A. The City, in conjunction with the Russell Avenue Cul-de-Sac Project, wishes to
acquire from the Owner that certain public right-of-way as legally described and as depicted on
the attached and incorporated Exhibit A.
B. The Owner has elected to donate the right-of-way to the City without
compensation.
C. It is the desire of the Owner to convey the right-of-way 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:
1. Right of Way. The Owner agrees that the Right-of-way shall be conveyed to the
City by Owner's execution and delivery to the City of a Right-of-way Deed identical to the copy
attached as Exhibit B to this Agreement. The Right-of-way Deed shall be recorded by the City
with the office of the Saline County Register of Deeds, at the expense of the City.
2. Compensation. The Owner has elected to donate the Right-of-way to the City
without compensation.
3. Street and Drainage Improvements. The City shall be responsible for all costs
related to management and financing of the street and drainage improvements to be constructed
as a part of the Russell Avenue Cul-de-Sac Project.
4. Covenant of Title. The Owner covenants that it is the lawful owner of the real
estate included within by the Right-of-way and warrants that it is not subject to any liens or
encumbrances.
5. Closing. Closing shall take place on or before Juned t/; 2002. At closing the
Owner shall deliver to the City the fully executed and acknowledged 'Right-of-way Deed.
6. Binding Effect. The terms of this Agreement shall be binding upon and inure to
the benefit ofthe successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year
first above written.
"Owner"
~d~
Robert L. Hommes
t/~ ~A) cJ/~
Eleanor Hommes
CITY OF SALINA, KANSAS
By r::ZJ~ "^ ~
Dennis M. Kissinger, ity Manager
-2-
RIGHT OF WAY ACQUISITION
Owner: Robert L. Hommes and Eleanor Hommes
920 Russell Avenue
Salina, Kansas 67401
Russell
t
Avenue
30.00'
S 890 49' 45" E
25.07'
~
Proposed Right-of-way
Point of Beginning
S 000 13' DO" W
17.72'
38.43'
Radius = 56.00'
Length = 3! .20'
Chord = 30 69'
Chord Bear ng = N 540 34' 28" W
o
o
o
10
5
Co
C':!
~I
,....
Block 2
I
I
~ 7' Utility Easement J
I 63.00'
LEGAL DESCRIPTION:
A part of Lot Five (5), Block Two (2), Countryside Addition to the City of Salina,
Saline County, Kansas, more particularly described as follows:
Beginning at the Northeast comer of said Lot 5;
Thence S 00" 13' 00" W along the east line of said Lot 5, a distance of 17.72 feet;
Thence along a non-tangent curve to the right with a radius of 50.00 feet, an arc distance of
31.20 feet, said curve having a long chord of 30.69 feet and a bearing of N 540 34' 28" W, to
a point on the north line of said Lot 5;
Thence S 89" 49' 45" E along the north Une of said lot 5, a distance of 25.07 feet back to the point
of beginning.
The above described tract of land contains 271 square feet, more or less.
Scale 1" = 30'
Tract
No.3
Exhibit A
RIGHT-OF-WAY DEED
T.HIS INDENTURE, made this _ day of June, 2002, by and between ROBERT L.
HOMMES and ELEANOR HOMMES, husband and wife, (the "Grantor") and the CITY OF
SALINA, KANSAS, a municipal corporation, (the "City"):
WITNESSETH: That the Grantor, without compensation, does hereby donate and
convey unto the City that certain portion of land owned by the Grantor as legally described and
as depicted on the attached and incorporated Exhibit A as public right-of-way, in perpetuity, (the
"Right-of- Way") for the purposes of locating, constructing, excavating, and maintaining:
A. Public means of transportation including roadways, streets, bridges,
sidewalks, paths, crosswalks, and traffic control devices;
B. Public drainage structures including, but not limited to, culverts, pipes,
levees, and channels;
C. Public landscaping and other aesthetic improvements; and
D. Poles, wires, conduit, pipeline, and junction boxes for the purposes of
conducting, transmitting, and distributing water, sewage, electricity, gas, and electronic
communications by the City, its franchisees, and its licensees.
IN WITNESS WHEREOF, the Grantor has hereunto caused this instrument to be
executed the day and year first above written.
Robert L. Hommes
Eleanor Hommes
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this _ day of June, 2002, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Robert L. Hommes
and Eleanor Hommes, husband and wife, 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
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(l3)]
Exhibit B
RIGHT OF WAY ACQUISITION
Owner: Robert L. Hommes and Eleanor Hommes
920 Russell Avenue
Salina, Kansas 67401
Russell
t
Avenue
30.00'
S 890 49' 45" E
25.07'
~
Proposed Right-at-way
Point at Beginning
S 00013' 00" W
17.72'
38.43'
Radius = 56.00'
Length = 3~ .20'
Chord = 30 69'
Chord Bear ng = N 540 34' 28" W
b
o
o
II)
5
Co
C\I
~I
T""
Block 2
I
I
~ ~ ~i1tty Easemmrt ~
I 63.00'
LEGAL DESCRIPTION:
A part of Lot Five (5), Block Two (2), Countryside Addition to the City of Salina,
Saline County, Kansas, more particularly described as follows:
Beginning at the Northeast comer of said Lot 5;
Thence S 000 13' 00" W along the east line of said Lot 5, a distance of 17.72 feet;
Thence along a non-tangent curve to the right with a radius of SO.OO feet, an arc distance of
31.20 feet, said curve having a long chord of 30.69 feet and a bearing of N 540 34' 28" W, to
a point on the north line of said Lot 5;
Thence S 89" 49' 45" E along the north Une of said lot 5, a distance of 25.07 feet back to the point
of beginning.
The above described tract of land contains 271 square feet, more or less.
Scale 1" = 30'
Tract
No.3
Exhibit A