Loading...
Parking Lot Wall ,. , .... '/ ~ t(J..~Q' ")r.v i J . AGR.EEMENT I THIS AGREEMENT It Made and entered into this J / day of April 1961, by and between the City of Salina, Kansas, hereinafter re- ferred to as "City", and William Kier, hereinafter referred to as ItKierlt ; WITNESSETH: WHEREAS, the City is authorized to acquire by gift, purchase or eminent domain land for the purpose of constructing, operating and maintaining off-street parking facilities; and WHEREAS, under and by virtue of said authority, the City did acquire Lot One Hundred Twenty (120) on Fifth Street, in the ! Original Town (now City) of Salina, Saline County It Kansas. for I said off-street parking facilities; and ! I WHEREAS, Kier is the owner .of Lot One Hundred Twenty-two (122) on Fifth Street, in the Original Town (now City) of Salina, Saline County, Kansas, which is adjacent to the south of said Lot One Hundred Twenty (120), owned by the City; and I I WHEREAS, there is a building located on said Lot One Hundred Twenty-two (122) owned by Kier, the north side of which building is supported by a wall located on the south edge of said Lot One Hundred Twenty (120); and WHEREAS, Kier desires to obtain a perpetual right to use of said wall, except the north surface thereof. and is willing to pay One Thousand Dollars ($1,000.00) for said right, which the City is willing to grant for said amount; NOW, THEREFORE, in consideration of the above and foregoing and the mutual covenants and agreements herein contained, the parties hereto agree as follows: 3. Kier agree. to pay to the City contemporaneously with the execution of this agreement the sum of One Thousand Dollars ($1,000.00), receipt of which is hereby acknowledged by the City for said perpetual right above set out. i II Ii II The agreements and mutual covenants herein contained are I biDding upon the heirs. personal representatives, successors and i assigns of the parties hereto. f -, .. ~' ." ~, IN WITNESS WHEREOF. the parties hereto have set their hands the day and year first above written. ~. //. ~ ...,~'/.'-\ .'7 ' ,-' ~. City Clerk THE CITY OF SALINA, KANSAS By #cLit 1~4f..-{;& ~r. i( .~~ . C' // i I Wil i~~K;~r. ! State of Kansas , Saline County " BE IT REMEMBERED. that on this J/ day of April. 1961. j II before me. the undersigned. a N.otary Public in and for the county," Ii and state aforesaid. came William Kier. to me personally known to I be the same person who executed the within instrument of writing.! I and duly executed the within instrument of writing. and duly I , I i acknowledged the execution of the same. I I I 1'1,.,',..'.. IN WITNESS WHEREOF. oInhatheve hereunto SUbscribed my name and III' . affixed my official seal day and year last above written. ii /7' /J~/ / N/ .-,L. I I " //d~ , ~ ~LA~~/ i Nory Public ! My Commission expires: ,; ) ) ss ) Ii I i / c;? /l~~4 c! ;/ I i " 'I , y ~,i!l.. ,. i,' ,. , . . 1-" II ~l f. 11 ii I AGREEMENT THIS AGREEMENT, 1961, by and between ferred to as "City", ttKiertt ; Made and entered into this 1/ day of April the City of Salina, Kansas, hereinafter re- and William Kier, hereinafter referred to as WITNESSETH: WHEREAS, the City is authorized to acquire by gift, purchase or eminent domain land for the purpose of constructing, operating and maintaining off-street parking facilities; and WHEREAS, under and by virtue of said authority, the City did acquire Lot One Hundred Twenty (120) on Fifth Street, in the Original Town (now City) of Salina, Saline County, Kansas, for said off-street parking facilities; and WHEREAS, Kier is the owner of Lot One Hundred Twenty-two (122) on Fifth Street, in the Original Town (now City) of Salina, Saline County, Kansas, which is adjacent to the south of said Lot One Hundred Twenty (120), owned by the City; and WHEREAS, there is a building located on said Lot One Hundred I, Twenty-two (122) owned by Kier, the north side of which building !I is supported by a wall located on the south edge of said Lot One ,I iIuIIdrecl Twenty (120); and r J II " I' d " II II j! II Ii Ii Ii II I i WHEREAS, Kier desires to obtain a perpetual right to use of said wall, except the north surface thereof, and is willing to pay One Thousand Dollars ($1,000.00) for said right, which the City is willing to grant for said amount; NOW, THEREFORE, in consideration of the above and foregoing and the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Kier shall have the perpetual right of use of the wall, except the north surface thereof, now located on the south edge of said Lot One Hundred Twenty (120) on Fifth Street, in the Original Town (now City)of Salina, Saline County, Kansas. 2. Kier shall have the duty to maintain said wall in a safe condition at all ttmes at his own expense, except the north sur- face thereof, which the City agrees to maintain. 3. Kier agrees to pay to the City contemporaneously with the execution of this agreement the s~ of One Thousand Dollars ($1,000.00), receipt of which is hereby acknowledged by the City for said perpetual right above set out. The agreements and mutual covenants herein contained are I binding upon the heirs, personal representatives, successors and assigns of the parties hereto. "" . .' " . .---~ "" ,.,..:.,'. . ~"': .'j' -....~ ~ .., t' , . IN WITNESS WHEREOF, the pilrties hereto have set their hands the day and year first above written. : THE CITY OF SALINA, KANSAS d~ /-; By 'eP fJM. !S?f} 'L:;L~;~f: i I , I I I I I I j I i I I , /'7f7;.~. t-- "c- J/ _C ~ City Clerk { 1/ ,>../'C~A.. ,/r/ f ,;\, -- "C/ . \ t' 1:.-... " "William Kier. ) ) ss Saline County ) I BE IT REMEMBERED, that on this.. / ) day of April, 1961, ! i before me, the undersigned, a Notary Public in and for the county ,I i and state aforesaid, came William Kier, to me personally known to I, be the same person who executed the within instrument of writing, I II and duly executed the within instrument of writing, and duly I Ii acknowledged the execution of the same. I'. II i: IN WITNESS WHEREOF, I have hereunto subscribed my name and ' !I affixed 'I1rJ official seal on the day and year last above written. I II I ~ I Ii n Ii , Ii II i I I I State of Kansas f"' ij t(/ ~ ~1'---/' -;1// ~~:._~- Public My Commission expires: /~~~zL//??;/ , I , 'I ! I I I I I