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Lot 5, Block 2 AGREEMENT FOR DONATION OF RIGHT-OF-WAY This Agreement is made thi& day 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"). 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. 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 June 2002. At closing the Owner shall deliver to the City the fully executed and acknowledged Ri ht-of-way Deed. 6. 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" Robert L. Hommes Eleanor Hommes CITY OF SALINA, KANSAS BY �i–vo M '—rte Dennis M. Kissinger, ity Manager RIGHT OF WAY ACQUISITION Tract No. 3 Owner: Robert L Hommes and Eleanor Hommes 920 Russell Avenue Salina, Kansas 67401 Russell Avenue I I S 89°49'45'E 30.00' 25.07' Proposed Right-of-way Point of Beginning 38.43' S 00° 13'00°W 17.77 i I. Radius = 5S.00' Length = 3 .20' Chord = 30 69' Chord Bear ng = N 54°34'28°W I I I b o 5 cv to oI i I , Block 2 S Scale 1° = 30' T Utility Easement • r 63.E 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 corner 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 54°34'28'W,to a point on the north line of said Lot 5; Thence S 89°49'45'E along the north Line 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. Exhibit A RIGHT-OF-WAY DEED THIS 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)(13)] Exhibit B RIGHT OF WAY ACQUISITION Tract No.3 Owner: Robert L. Hommes and Eleanor Hommes 920 Russell Avenue Salina, Kansas 67401 Russell Avenue 1 I S 89°49'45°E 30.00' 25.07' Proposed Right-of-way Point of Beginning 38.43' S00° 13'00°W 17.72' I Radius = 50I.00' Length = 31.20' Chord = 30169' Chord Bearing = N 54°34'28°W I o I I 5 N r ca , Block 2 Scale 1" = 30' j— 7'Utility Easement r 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 corner 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 3120 feet,said curve having a long chord of 30.69 feet and a bearing of N 54°34'28°W,to a point on the north line of said Lot 5; Thence S 89°49'45'E along the north Line 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. Exhibit A