Blk 3 Pt Lt 42AGREEMENT
This Agreement is made this 14 day of October, 2003, by and between Holm Real Estate
Salina, LLC, a single member Kansas limited liability company, (the "Owner"), and the City of
Salina, Kansas, a municipal corporation, (the "City").
RECITALS
A. The City, in conjunction with the East Crawford Avenue and South Front Street
Improvement Project, wishes to acquire certain right-of-way and a temporary construction
easement affecting a certain portion of land owned by the Owner (the "Real Estate").
B. The City has caused the right-of-way and temporary construction easement to be
acquired to be appraised and has negotiated a purchase price with the Owner, all in the manner
prescribed in Title III of the Uniform Relocation Assistance and Real Property Acquisition Act of
1970.
C. The Owner has conveyed title to the Real Estate to Blue Owl Investments, LLC, a
Colorado limited liability company, (the "Purchaser") under terms by which the Purchaser is to
convey the right-of-way and temporary easement to the City while the compensation for the
right-of-way and temporary easement is to be paid to Owner.
FOR AND IN CONSIDERATION of mutual and reciprocal promises and agreements
set forth herein, the parties agree as follows:
1. Description of Right-of-Way. The right-of-way to be conveyed to the City shall
be as depicted and legally described on the attached and incorporated Exhibit A (the "Right-of-
Way").
2. Description of Temporary Easement. The temporary construction easement to be
conveyed to the City shall be as depicted and legally described on the attached and incorporated
Exhibit B (the "Temporary Easement").
3. Compensation. The City agrees to pay the Owner upon closing the total sum of
Eight thousand four hundred sixty-eight dollars and seventy-eight cents ($8,468.78) for the
Right-of-Way and Temporary Easement consisting of the following:
a. Right-of-Way $2,419.20
(576 sq. ft. at $4.20)
b. Temporary Easement $1,849.58
(880.75 sq. ft. at $2.10)
c. Damages to remaining property $4,200.00
(closing 2 entrances $3,000
loss of light $200,
reduced utility factor $1,000)
Total Compensation $8,468.78
4. Documents. The Owner agrees that the Right-of-Way shall be conveyed to the
City by the Purchaser's execution and delivery to the City of a Right-of-Way Deed identical to
the copy attached as Exhibit C to this Agreement. The Owner agrees that tlhe Temporary
Easement shall be conveyed to the City by the Purchaser's execution and delivery to the City of a
Temporary Easement document identical to the copy attached as Exhibit D to this Agreement.
The Right-of-Way Deed and the Temporary Easement document shall be recorded by the City
with the office of the Saline County Register of Deeds, at the expense of the City.
5. Term of Possession. The Temporary Easement shall be effective for a term
commencing upon the date of the Temporary Easement document and ending December 31,
2004.
6. Closing. Closing shall take place on or before October 17, 2003. At closing the
Owner shall:
deliver to the City the fully executed and acknowledged Right-of-Way
Deed and Temporary Easement document, and
provide the City with any other necessary information such as the Owner's
current mailing address and tax identification number,
at which time the City shall pay Owner the total compensation set forth in paragraph (3) above.
7. Nonassignable. The Owner's rights under this Agreement shall not be assigned
without the prior written consent of the City.
8. Binding Effect. The terms of this Agreement shall be binding upon and inure to
the benefit of the heirs, executors, administrators, successors, and authorized assigns of the
parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year
first above written.
HOLM REAL ESTATE SAL1NA, LLC
S. H~~eeot' fhe Brenda L.
ing T'ffi~t dated September 30,
aging Member
Tax ID No. 514-62-5562
CITY OF SALINA, KANSAS
_~_ Dennis M. K~it~la~aager
PERMANENT RIGHT-OF-WAY
Owner Name: Holm Rea/Estate, Salin~ L. L,C.
Owner Address: P.O. Box 4P8 ;
Abilene, KS 67410 ~
LEGEND
DESCRIBED BOUNDARY LINE
N
SCALE
Johnson, Morv'n
· Trust
Lot 41
/"= 30'
Exist. R/W ,.
Tract No.: OP
Van
Trine's Addition
Block 3
Lot L/ne'
Holm RealEsto±e
Salino L.L.C.
~ 33'
Lot 42
10.52'
Prop. Perm. fl2Z'O5'Ol"E
R/W \
' ' "E ' ' " ~
112.50'
~ ..............flS~52'29"W
~ S.E: Corner
Block 5
PO! NT OF
. CRAWFORD ST. BEG INN INa [
LEGAL DESCRIPTION:
A tract of land lying in the Southwest Quarter off Section 13, Township 14 South, Range 3 West of* the
6TH Prlncipol ~terldian, being cz port off Lot 42, Block $, Van Trine's Addition to the City off Salino.
Saline County, Kansas, and being more particularly described os ffollows:
BEGINNING of the Southeast corner'off Lot 42, Block 3, off Van Trine's Addition to fha City off So/ina;
thence on on assumed bearing off N89°52'29"W, along the South line off Lot 42, o distance off 112.5 ffeeh
thence NOO"I6'20"E, parallel to and 112.5 fleet West off the East line off said Lot 42, o distance off
2.00 ffeeh thence N87"$8'Og"E, a dlsfonce off 23.02 fleet, fo o point that is $.00 fleet North off the
South line of* said Lot 42¢ thence S89~52'29"E, parallel fo the South line off said Lot 42, a distance
o£ '60.50 feeh thence N60'54'42"E, a distance off 28.68 .fleet, fo o point that is 4.00 fleet West and
17.00 fleet North of' the Southeast corner off sold Lot 42¢thence N23'O5'OI"E, o distance off
10.$2 fleet, fo o point on the East line o? sold LOt 42 and 26.50 fleet 'North off the Southeast corner of
sold Lot 42~thence S00"16'20"W, along the East line off sold Lot 4P, o distance of 26.50 fleet to the
POINT OF BEGINNING.
The above described tract contolns 576.00 square fleet, or 0.0132 acres, more or less.
CERTIFICATION:
State o~ Kansas
County of Saline
I, the Undersigned, do hereby certify that [ am a registered
land surveyor wlth the ~lrm of BUCMER, WILLIS & RATLI~F
CORPORATION~ that ~he heretofore'described proper~y was
surveyed by me, or Under rmy direct supervlslon~ and that all
the monuments shown herein actually exist and their positions
ore correctly shown to the best o~ my Knowledge and belief,
ro senal ~. rvey~r .297
00,.
BIIIII! BUcI-IER, WILLIS & RATLIFF
IlWllrlik CORPORATION
EXHIBIT A
TEMPORARY CONSTRUCTION
Owner Name: Holm Reel Estate, So/ina L.L.C.
Owner Address: P.O. Box 428
LEGEND
DESCRIBED BOUNDARY LINE
o Johnson, Marvin O.
Abilene, KS 67410
Van Trine's Addition
Lot L/ne
Block
3
Holm Real Estate
Tract No.: 02
EASEMENT
4.50'
LEGAL DESCRIPTION:
A tract of land lying in the Southwest Quarter of Section I$, Township 14 South, Range $ West of the 6TH
Prlncipol Meridian, being a/;art of Lot 42, Block $, Van Trine's Addition to the Cily of Saline, Saline
County, Kansas, end being more particularly described as follows:
Commencing at the Southeast corner o? Block 3, of Yon Trine's Addition fo the City of Sa/ina; thence on on
assumed bearing of N89°SZ?9"W, along the South line of sold Block 3, o: distance of 112.5 f`eet; thence
NOO'I6'PO"E, a distance of P. 00 feet to the POINT OF BEGINNING; thence NOO"IS'PO"F, parallel to the
East line of said Block 3, o distance of 8.00 feet; thence 589"52'29"E, parallel fo the South line of
said Block 3, a distance of 84.50 feet¢ thence N65"O4'O5"E, o distance of, 25.97 feet; thence NOO'I6'20"E,
parallel to and 4.50 feet West of the East line of said Block 3, e distance of 34.00 feet;thence S89'Sf29"E,
parallel to the South line of said Block $, a distance of 4.50 feet to fha East line of said Block $; thence
S00°16'2¢ W, along the East line of, said Block .3, a distance of, 28.50 feet;thence $ 25"05'01"W, o
distance of IO.$P f,eefcfhence SSO"54'42"W, a distance of 28.68 feet fo a point that is 3.00 feet North
and 28.00 feet West of the Southeast corner of said Block $; thence N89'52'29¥, por,~llel fo and
3.00 feet North of` the South llne of, said Block .3, a distance of' 60.50 f'eet; thence S~7'$8'09"W, a dlsfonce
of` Z3.02 f`eef, fo the POINT OF BEGINNING.
The above described tract contains 880.75 square feet, or 0.0202 acres, more or les. s.
CERTIFICATION:
State of Kansas )
SS
County of Saline )
I, ?he Undersigned, do hereby certify that I om o registered
lend surveyor wTth ?he firm of 0UCHER, WILLIS & RATLIFF
CORPORATIONs ?hot ?he heretofore described property wes
surveyed by me, or under m~ direct supervisions end that oll
?he monuments shown herein actually exist end their positions
ore correctly shown ?o the best of my Knowledge gna belief,
lllll!! BUCHER, WILLIS & RATLIFF
IJtlPlL CORPORATION
805 WEST NORTH STREET Sli, LIN4, KANSAS ST40t 71S-e~?-3603
Exhibit B
RIGHT-OF-WAY DEED
THIS INDENTURE, made this __ day of October, 2003, by and between BLUE
OWL INVESTMENTS, LLC, a Colorado limited liability company, (the "Grantor") and the
CITY OF SALINA, KANSAS, a municipal corporation, (the "City"):
WITNESSETH: That the Grantor, for good and valuable consideration, does hereby
convey unto the City that certain portion of land owned by the Grantor as depicted and legally
described 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.
BLUE OWL INVESTMENTS, LLC
By:
Samuel E. Forbes,
[Title]
STATE OF COLORADO,
COUNTY, ss:
BE IT REMEMBERED, that on this __ day of October, 2003, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Samuel E. Forbes,
, of BLUE OWL INVESTMENTS, LLC, who is personally
known to me to be the same person who executed the above and foregoing instrument of writing
and duly acknowledged the execution of the same on behalf of BLUE OWL INVESTMENTS,
LLC.
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 C