Lot 2, Block 6AGREEMENT
This Agreement is made this _~ day of ,~.~ff. , 2003, by and between Robert B.
Henson, Trustee, for himself and his successors, under The Robert B. Henson Family Trust
Agreement dated April 29, 1977, (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 from the Owner certain right-of-way and a temporary
construction easement affecting a certain portion of land owned by the Owner.
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. It is the desire of the Owner to convey the right-of-way and temporary
construction easement 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. Description of Right-of-Way. The right-of-way to be conveyed by the Owner 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 by the Owner 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
three thousand one hundred nineteen dollars and eighty cents ($3,119.80) for the Right-of-Way
and Temporary Easement consisting of the following:
a. Right-of-Way $2,018.15
(480.51 sq. fi. at $4.20)
b. Temporary Easement $601.65
(286.50 sq. fi. at $2.10)
c. Damages to remaining property $500.00
(reduced utility factor)
Total Compensation $3,119.80
4. Relocation of Sprinkler System. In addition to the direct compensation outlined
above, the City agrees to pay the cost of relocation of the Owner's sprinkler system from the
Right-of-Way by Kline's Landscaping Sprinklers.
5. Documents. The Owner agrees that the Right-of-Way shall be conveyed to the
City by the Owner'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 the Temporary Easement
shall be conveyed to the City by the Owner'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.
6. 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.
7. Covenant of Title. The Owner covenants that it is the lawful owner of the real
estate affected by the Right-of-Way and Temporary Easement.
8. Partial Mortgage or Other Lien Release. In those cases where,' the Owner's
property is subject to mortgage or other liens or encumbrances, the Owner shall at ,closing deliver
to the City a duly executed and acknowledged partial mortgage release or release of lien,
releasing that portion of the real estate to which the Right-of-Way relates from arty mortgage or
other lien encumbrance. Any partial mortgage release or other lien release documents shall be
recorded by the City with the office of the Saline County Register of Deeds, at the expense of the
City.
9. Closing. Closing shall take place on or before September 15, 2003. At closing
the Owner shall:
deliver to the City the fully executed and acknowledged Right-of-Way
Deed and Temporary Easement document, and
bo
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.
10. Nonassignable. The Owner's rights under this Agreement shall not be assigned
without the prior written consent of the City.
11. 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.
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IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year
first above written.
"Owner"
ROBERT B. HENSON, TRUSTEE, FOR
HIMSELF AND HIS SUCCESSORS, UNDER
THE ROBERT B. HENSON FAMILY TRUST
AGREEMENT DATED APRIL 29, 1977
By:
Robert B. Henson, Trustee
Tax ID No.
CITY OF SALINA, KANSAS
Dennis M. Ki~er, City l~Ia:aager
-3-
PERMANENT RIGHT-OF-WAY
Owner Nome= Henson, Robert B. Family Trust
Owner Address: 700 S; Front
Solino, KS 67401
LEGEND
DESCRIBED BOUNDARY LINE
Troct No.: 04
Prop. Perm.
........................CRAWFORD ST. ......
· , Lq ............................... ~.~.,.u.u...
Exist. R/W ~ ~ · S89'52'29"E
SCALE
I"- 30'
97.00'
f189'52'29"W
Henson, Robert B.
Family Trust
Lot 2
Block 6
Bond's Addition
Lot d
POINT OF
BEGiNNiNG
Lot 2, B/od(
9.47'
IVIS'O2'59"W
55'
LEGAL DESCRIPTION:
A tract of land lying in the Northwest Quarter of Section 24, Township 14 South, Range 3 West of the
5TH Principal t/eridion, being o port of Lot Z Block 5, Bond's Addition to the City of Sdino, Saline
County, Kansas, and being more p~rticulorly described os follows;
BEGINNING at the Northeast corner of Lot P, Block 6 of Bond's Addition¢ thence on on assumed bearing
of SO0"P4'51"W, dong the East line of sdd Block 6, o distance of 25.00 feeh thence NIS°OP'59"W, cz
distance of 9.47 feet: thence N60'J$'P6"W, cz distance of 28.59 feeh thence N89"52'29"W, parallel to the
North llne of sdd Block 6, o distance of 97.00 feeh thence NOO°Pd'51"E. parallel to the East line of sdd
Block 5, o distance of P. O0 feet to the Northwest corner of Lot P of sdd Block 6¢ thence S89"52'29"E,
dong the North line of sdd Block 6, o distance of I P5.00 feet to the POINT OF BEGINNING.
The above described tract contdns 480.51 square feet, or 0.0110 acres, more or less.
CERTIFICATION:
State of Kansas )
SS
County of Saline )
]. the Undersigned, do hereby certify that [ am o registered
land surveyor with the firm of BUCHER, WILLIS & RATLIFF
CORPORAT]ONI that .~he heretofore described property was
surveyed by me, or Under my direct supervtsion; and that all of
the monuments shown herein actually exist and their positions
are correctly shown to the best of my Knowledge and belief.
Date
llllll! BUCHER~ WILLIS & RATLIFF
llllll~ CORPORATION
60~ ~EST NORTH ~TRE£T SALINA, KANSAS 67401 TBS-BiT'3603
EXHIBIT A
Tract No... 04
T£ PORARY CONSTRUCTION £ASEIVI£NT
Owner Nome: Henson, Robert B. Family Trust
Owner Address: 700 S. Front
Sallno, KS 67401
LEGEND
DESCRIBED BOUNDARY LINE
CRAWFORD ST.
~ POINT OF ,
' J N N N G 1.2.5 O0
2.00 ~J B E O I I ~
X · ..................................................... /' ' Lof Z, BIo k .
I._
'9500
~89'52'29"1 Prop. Temp. / '~
¢ oo
Lot 2 2.00
................................. N89'52'29"W
Henson, Robert B. ~J I---
J
Family Trust
Lot 4 .-.~° LL.
~1 33'
Block 6
Bond's Addition
SCALE
1"-3~
LEGAL DESCRIPTION:
A froot of lend lying in fha Northwest Quarter of Section 24, Township 14 Sou/h, Range $ West of the
6TH Principal Meridian, being a part of Lot 2, Block 6, Bond's Addiffon to the City of Sa/ina, Saline
County, Kansas, and being more particularly described as fo/lows:
Commencing of the Northeast corner of Lot 2, Block 6, of Bond's Addition: thence on on, assumed bearing
of N89~52'2954/, along the North llne of said Block 6, o distance of 125.00 feeh thence S00°24'51"W,
along the West llne of sold Lot 2, o d/stance of 2.00 feet to the POINT OF BEGINNING; thence 589°52'29'E,
parallel to the North line of sold Block 6, o distance of 97.00 feeh thence S60'$$'26"E, o dlstonce
28.59 leah thence SI8°02'59"E, o distance of 9.47 leah thence S00°24'51'~, along fha East llne of sold
Block 6, o d/stance of 3.00 feeh thence f189°52'29"W, parallel to the North line of said Block 6, o d/stance
of 2.00 feehfhence NIO°54'25'W, o dlstonce of 10.19 ?eob thence N59'$2'45"W, o d/stance of 27.72 feeh
thence N89'52'29'W, parallel to the North line of said Block 6, o distance of 95.00 fa,eh thence S00'24'51"W,
parallel to the East line of said Block 6, o distance o? 6.50 ?eeh thence Ngg"5~'~9"W, parallel to the North
line of said Block 6, o distance of 2.00 feet to o point on the West line of Lot 2; thence NOO'24'51"E, along
the West line of Lot 2 end paroflel to the East line of said Block 6, o distance of 8.50 feet to the POINT
OF BEGINNING.
The above described froot contains 286.50 square feet, or 0.0066 acres, more or less.
CERTIFICATION:
State of Kansas )
SS
County o~ Saline
], the Undersigned, do hereby certify that [ am a registered
land surveyor with the firm of BUCHER, WiLLiS & RATL[FF
CORPORAT]ONJ tho~.the heretofore described property was
surveyed by me. or under my direct supervisionJ and that all of
the monuments shown herein actuall~ exlst and their posltlons
ore correctly shown to the best Of my Knowledge and belief.
llllll! BUCHER~ WILLIS & RATLIFF
IJllllk CORPORATION
609 WEST NORTH STREET !;ALINA, KANSAS 67401TBS°82?-3G03
EXHIBIT B
RIGHT-OF-WAY DEED
THIS INDENTURE, made this day of , 2003, by and between
ROBERT B. HENSON, TRUSTEE, FOR HIMSELF AND HIS SUCCESSORS, UNDER THE
ROBERT B. HENSON FAMILY TRUST AGREEMENT DATED APRIL 29, 1977, (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.
Upon being first duly sworn upon oath, GRANTOR further covenants that: (1) GRANTOR
is the Trustee under the Trust to which the above-described real estate was conveyed by a deed from
Robert B. Henson and Linda E. Henson, [who were then and still are husband and wife,] which
deed was recorded on May 11, 1977, in Book 316 of Deeds at page 499 in the Office of the
Register of Deeds in Saline County, Kansas; (2) the Trust is a revocable trust; (3) the Trust remains
in full force and effect at this time; (4) GRANTOR is the duly qualified and. acting Trustee under
the Trust; and (5) as such Trustee, GRANTOR is authorized, pursuant to the Trust and without any
limitation whatever, to convey all of the above-described real estate.
IN WITNESS WHEREOF, the Grantor has hereunto caused this instrument to be
executed the day and year first above written.
ROBERT B. HENSON, TRUSTEE, FOR
HIMSELF AND HIS SUCCESSORS, UNDER
THE ROBERT B. HENSON FAMILY TRUST
AGREEMENT DATE ~D~AP RIL 29, 1977
~Robert B. Henson, Trustee
EXHIBIT C
STATE OF KANSAS, SALINE COUNTY, ss:
the same on behalf of Robert B. Henson, Trustee, for himself and his successors, under The
Robert B. Henson Family Trust Agreement dated April 29, 1977.
IN WITNESS WHEREOF, I have hereunto subscribed my name artd affixed my
official seal the day and year last above written.
SHE RRY~I~ ~..,,KE_E., -
My Appt EXlI. ~l' I~' L~I O
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this t-I'" day of ~1~0,~. ,2003, by Robert B. Henson,
Trustee, for himself and his successors, under The Roblert B. Henson Family Trust Agreement
dated April 29, 1977, (the "Grantor"); and the CITY OF SALINA, KANSAS, a municipal
corporation (the "City").
WITNESSETH: The Grantor for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell, and convey unto
the City, a temporary construction easement in, through, over, and across a certain portion of
land owned by the Grantor, as depicted and legally described on the attached and incorporated
Exhibit A (the "Temporary Easement") for all rights of ingress and egress of the City, its
employees, contractors, and franchisees, for the purposes of access, storage of materials and
equipment, and surface reshaping or regrading, for a term commencing with the date of this
indenture and ending December 31, 2004.
IN WITNESS WHEREOF, the Grantor has signed this Temporary' Construction
Easement the day and year first above written.
ROBERT B. HENSON, TRUSTEE, FOR
HIMSELF AND HIS SUCCESSORS, UNDER
THE ROBERT B. HENSON FAMILY TRUST
AGREEMENT DATED APRIL 29, 1 !977
Robert B. Henson, Trustee
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on this ~__ day of ~0{1,I~ . , 2003, by Robert
B. Henson, Trustee of the Robert B. Henson Family Trust Agreement dated April 29, 1977.
SHERRYMcKEE i '
Notary Public
[A real estate sa]es validation questionnaire is not required pursuant to K.S.A. 79-] 437e(a)(13)]
E~II._BI.. D
Entered In Transfer Rec .0~ t~'.~1'0fflce, thJ~:,~'~4 REGISTER OF IEEZ)S ~ /
. ~, 9fll. IM~ COtl~ g{:Wg~ ~
~ ~- ~ / ~,,.,vv '% : _ Book= 1868 Paue: 1937
/ ~ ~ · - ~uu,~-~ ~..~= ~eeeipt ~: 1~41~ ~otal Fees: 6~
davof (/ ¢ ~ ~ .~.O.~ Pages Reco~ed= 3
~~" ~.~: ~~~ : ~' RIGHT-OF-WAY DEED ~te Ree0~ed: 16/~4/~ 9:ffi:43 ffi
~ . ~:. County Clel~ c
-- THI$:~gN~, made this q~ day of ,~ , 2003, by and between
ROBERT B. ~~}~USTEE, FOR HIMSELF AND HI~UCCESSORS, ~DER THE
ROBERT B. HENSON FAMILY TRUST AGREEMENT DATED APRIL 29, 1977, (the
"Grantor") and the CITY OF SALSA, ~NSAS, a municipal co~oration, (the "Cit~'):
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.
Upon being first duly swom upon oath, GRANTOR further covenants that: (1) GRANTOR
is the Trustee under the Trust to which the above-described real estate was conveyed by a deed from
Robert B. Henson and Linda E. Henson, [who were then and still are husband and wife,] which
deed was recorded on May 11, 1977, in Book 316 of Deeds at page 499 in the Office of the
Register of Deeds in Saline County, Kansas; (2) the Trust is a revocable trust; (3) the Trust remains
in full force and effect at this time; (4) GRANTOR is the duly qualified and. acting Trustee under
the Trust; and (5) as such Trustee, GRANTOR is authorized, pursuant to the Trust and without any
limitation whatever, to convey all of the above-described real estate.
IN WITNESS WHEREOF, the Grantor has hereunto caused this instrument to be
executed the day and year first above written.
ROBERT B. HENSON, TRUSTEE, FOR
HIMSELF AND HIS SUCCESSORS, UNDER
THE ROBERT B. HENSON FAMILY TRUST
AGREEMENT DATED~APRIL 29, 1977
Robert B. Henson, Trustee
Book: 106~ Page: 1958
STATE OF KANSAS, SALINE COUNTY, ss:
BE 1T REMEMBERED, that on this ~ day of ~i~{. ,2003, before me, the
under/~ig~ed, .a ..notary public in and for the county ~and state aforesaid, came
~0~ 15 ~Vt/~0~ , who is personally known to me to be the same person who
executed the ab~)v'e arid foregoing instrument of writing and duly acknowledged tl:Le execution of
the same on behalf of Robert B. Henson, Trustee, for himself and his successors, under The
Robert B. Henson Family Trust Agreement dated April 29, 1977.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
LEGEND
Book:
106E~ Page: 1939
Tractflo.:04
PERMANENT RIGHT-OF-WAY
Owner Name= Henson, Robert B. Family Trust
Owner Address= 700 Si Front
Sol/nc, KS 67401
DESCRIBED BOUNDARY LINE
" Prop. Perm. P 0 1 N T 0 F
CRAWFORD ST. ' R/W
................... · - tu ...... /...gS,Q~. \ ·
Exlst. R/W ~ ~ - 889'52'29"E ~ Lot 2, Block
~ ~ Henson, Robert B.
¢ ~ ~ Fomily Trust
55'
~ I ~ Lot ~
I Block 6
SCALE
l
~'- 3~ Lot 4
BEGINNING
LEGAL DESCRIPTION;'
A tract of land lying in' the Northwest Quarter of Section 24, Township 14 5outh. Range 3 West of the
5TH Principal I~feridian, being a part of Lot 2, Block 5, Bond's Addition to the'City of Sol/nc. Saline
County, Kansas, and being more particularly described as follows:
BEGINNING at fha Northeast corner of Lot P, Block 6 of Bond's Addition thence on an assumed bearing
of 500"24'51'W, along the East line of said Block 6, a distance of' E5,00 feeh thence NI8'02'59~4/, a
distance of 9.47 feet; thence NSO'3$'PS"W, a distance of 28.59 feeh thence N895P'29~/, parallel to the
North line o? said Block 5, a distance of 97.00 feeh thence NOO'24'51"E. parallel to the East line of said
Block 5, a distance of 2.00 feet to the Northwest corner of Lot 2 of sa~d Block 6;thence S89"5~'29"E.
along the North line of said Block 6. a d/stance of 125.00 feet to the POINT OF BEGINNING.
The above described tract contains 480.51 square feet, or 0.0110 acres, more or less.
CERTIFICATION:
State of Kansas )
SS
County of Saline )
l, the Undersigned, do hereby certify that [ om c registered
land surveyor wt*h *he firm of BUCHER, WILLIS & RATLIFF
CORPORATION: tho*,,~he here*afore described proper*y was
surveyed by me, or bnder m~ dlrec* supervlslonl and that all
the monumen*s sho~ herein actually exist and *helr positions
are correc*ly shown to *he best of my Knowledge an~ ~ellef,
Date
B~IIII~ BUCHER, WILLIS & RATLIFF
llllll~. CORPORATION
EXHIBIT A