Russel Ave Cul-de-sacAGREEMENT FOR DONATION OF RIGHT-OF-WAY
This Agreement is made this /y of July, 2002, by and HAROLD L. VIGNERY and
SUSAN M. VIGNERY, husband and wife, (the "Owner"), and the City of Salina, Kansas, a
municipal corporation, (the "City").
RECITALS
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. Relocation Work. In conjunction with the Russell Avenue Cul -de -Sac Project, the
City agrees to complete the following at the direction of the Owner:
a. Relocate mailbox.
b. Relocate private fence.
C. Replace two trees.
d. Transplant spirea bushes.
e. Relocate "rock and deer family" yard art piece.
4. 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.
5. 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.
6. Closing. Closing shall take place on or before July , 2002. At closing the
Owner shall deliver to the City the fully executed and acknowledged Right-of-way Deed.
7. Binding Effect. The terms of this Agreement shall be binding upon and inure to
the benefit of the 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
Harold L. Vignery
Susan M. Vignery
CITY OF SALINA, KANSAS
By
Dennis M. Kissing r'City Manager
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RIGHT OF WAY ACQUISITION
Owner: Harold L. Vignery and Susan M. Vignery
1001 Russell Avenue
Salina, Kansas 67401
— _ 100.00' _
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7' Utility Easement
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Block 3
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Radius = 50.00'
Length = 61.48'
Chord = 57.68'
Chord Bearing = S 710 55'41 0 E
LEGAL DESCRIPTION:
A part of Lot Seven (7), Block Three (3), Countryside Addition to the City of Salina, Saline County,
Kansas, more particularly described as follows: ,
Beginning at the Southwest comer of said Lot 7;
Thence N 00° 08' 27' E along the West line of said Lot 7, a distance of 17.73 feet;
Thence along a non -tangent curve to the right having a radius of 50.00 feet, an arc distance of 61.48, said curve
having a chord length of 57.68 feet and a bearing of S 710 55' 41' E, to a point on the south line of said Lot 7;
Thence N 89°49' 45' W along the south line of Lot 7, a distance of 54.88 feet back to the Point of Beginning.
The above described tract of land contains 846 square feet, more or less.
Tract
No. 2
Scale 1' = 30'
Exhibit A
RIGHT-OF-WAY DEED
THIS INDENTURE, made this day of July, 2002, by and between HAROLD L.
VIGNERY and SUSAN M. VIGNERY, 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.
Harold L. Vignery
Susan M. Vignery
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this �J f day of July, 2002, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Harold L. Vignery
and Susan M. Vignery, 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.
tary Public
[A real estate sales validation questionnaire is not re e pursuAa�.. �kr:1437e(a)(13)]
A7 f
^'," Exhibit B
N 00° 08'2-r E
17.73'
RIGHT OF WAY ACQUISITION
Owner: Harold L. Vignery and Susan M. Vignery
1001 Russell Avenue
Salina, Kansas 67401
100.00'
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7' Utility Easement
7
Block 3
Point of Beginning J f
N 890 49'45" W
30.00' 54.88'
Russell Avenue
LEGAL DESCRIPTION:
A part of Lot Seven (7), Block Three (3), Countryside Addition to the City of Salina, Saline County,
Kansas, more particularly described as follows: ,
Beginning at the Southwest comer of said Lot 7;
Thence N 00' 08' 27' E along the West line of said Lot 7, a distance of 17.73 feet;
Thence along a non -tangent curve to the right having a radius of 50.00 feet, an arc distance of 61.48', said curve
having a chord length of 57.68 feet and a bearing of S 710 55' 41' E, to a point on the south line of said Lot 7;
Thence N 89°49' 45' W along the south line of Lot 7, a distance of 54.88 feet back to the Point of Beginning.
Scale 1" = 30'
Tract
No. 2
The above described tract of land contains 846 square feet, more or less.
Exhibit A