Lot 1, Ninth Street
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PERMANENT EASEMENT
THIS INDENTURE, made this 3rd day of October, 1989, by and
between THE BOARD OF TRUSTEES OF THE TRINITY EVANGELICAL LUTHERAN
CHURCH (the "Grantor"), and the CITY OF SALINA, KANSAS, a
municipal corporation (the "City").
WITNESSETH: The Grantor for a good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, does hereby grant, bargain, sell, and convey unto
the city, a permanent easement in, through, over, and across a
certain portion of land owned by the Grantor, more particularly
described as follows:
The North Seven Feet (N 7') of the West Eighty
Feet (W 80') of Lot One (1), Ninth Street, plus the
North Seven Feet (N 7') of Lot Thirteen (13), Crawford
Street, plus the North Seven Feet (N 7') of Lot Two
(2), Tenth Street, all located in seitz's Second
Addition to the City of Salina, Saline County, Kansas,
containing 1776 square feet, more or less,
for all rights of ingress and egress of the City, its servants,
officers, employees, contractors, and franchisees, for the
purpose of installing, repairing, replacing, and maintaining
public utilities, public sidewalk, and street signage in
perpetuity.
IN WITNESS WHEREOF, the Grantor has signed
Easement this 3rd day of October, 1989.
STATE OF KANSAS' } )
COUNTY OF SALINE $., (J{
FILED FOR RECORD IN MY OFFICE
this Permanent
ON
THE BOARD OF TRUSTEES OF THE
TRINITY EVANGELICAL LUTHERAN CHURCH
lit; ì 3 1 19$ AT
q ; ~O'ClOCK..d.P.1. AN OUl Y RECORDED
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¡/ iI) G. OF DEEDS
BY'7:" ",' ,7!:./ ;:' / "',.'~/"
Donald D. Williams, Chairm'an
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this 3rd day of October, 1989,
before me the undersigned, a notary public in and for the county
and state aforesaid, came Donald D. Williams, Chairman of the
Board of Trustees, 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 the
Board of Trustees of the Trinity Evangelical Lutheran Church.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed my official seal the day and year last above written.
r----""'JÃ~1ES SWEDLUND '
~ ~ d NOTARY PUBLIC
M- STATE OF t(ANSAS !
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AGREEMENT
This Agreement is made this 3rd day of October, 1989, by
and between THE BOARD OF TRUSTEES OF THE TRINITY EVANGELICAL
LUTHERAN CHURCH, hereinafter referred to as "Grantor," and the
CITY OF SALINA, KANSAS, a municipal corporation, hereinafter
referred to as the "City."
RECITALS
(1). The City, in conjunction with the Ninth Street and
Crawford Avenue improvement project, wishes to acquire from the
Grantor a certain portion of land owned by the Grantor as public
right-of-way for the purpose of constructing, repairing,
replacing, and maintaining a public street and public utilities,
in perpetuity, hereinafter referred to as the "right-of-way."
(2). The City, also in conjunction with the Ninth Street
and Crawford Avenue improvement project, wishes to acquire from
the Grantor a permanent easement in, through, over, and across a
certain portion of land owned by the Grantor for the purpose of
installing, repairing, replacing, and maintaining public
utilities, public sidewalk, and street signage, in perpetuity,
hereinafter referred to as the "permanent easement."
(3). The City, also in conjunction with the Ninth Street
and Crawford Avenue improvement project, wishes to acquire from
the Grantor a temporary construction easement in, through, over
and across a certain portion of land owned by the Grantor for the
purpose of matching grade between project improvements and
existing concrete improvements such as driveways and sidewalks.
(4). The City has caused the right-of-way, permanent
easement, and temporary construction easement to be acquired to
be appraised and has negotiated a purchase price with the
Grantor, all in the manner prescribed in Title III of the Uniform
Relocation Assistance and Real Property Acquisition Act of 1970.
(5). It is the desire of the Grantor to convey the right-
of-way, permanent easement, 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:
(A). Description. The interest to be conveyed by the
Grantor to the City shall be public right-of-way, a permanent
easement, and a temporary construction easement in, through,
over, and across real estate owned by the Grantor, more
particularly described as follows:
1.
Riqht-of-Way: A tract of land located in the Northeast
corner of Lot One (1), Ninth street of seitz's Second
.'
Addition to the City of Salina, Saline County, Kansas,
more particularly described as follows:
Beginning at the Northeast corner of said Lot One (1);
thence South along the East line of said Lot One (1), a
distance of 25 feet; thence Northwesterly, a distance
of 23.43 feet, more or less, to a point 7 feet South of
and 15 feet West of the Northeast corner of said Lot
One (1); thence West parallel with the North line of
said Lot One (1), a distance of 15 feet; thence North
parallel with the East line of said Lot One (1), a
distance of 7 feet, to a point on the North line of
said Lot One (1) and 30 feet West of Northeast corner
thereof; thence East along the North line of said Lot
One (1), a distance of 30 feet back to the point of
beginning, containing 345 square feet, more or less.
2.
Permanent Easement: The North 7 feet of the West 80
feet of Lot One (1), Ninth Street, plus the North 7
feet of Lot Thirteen (13), Crawford Street, plus the
North 7 feet of Lot 2, Tenth Street, all located in
seitz's Second Addition to the City of Salina, Saline
County, Kansas, containing 1776 square feet, more or
less.
3.
TemporarY Construction Easement: Commencing at the
Northeast corner of Lot One (1), Ninth Street of
seitz's Second Addition; thence South along the East
line of said Lot One (1), a distance of 25 feet to the
point of beginning; thence continuing South along the
East line of said Lot One (1), a distance of 7 feet;
thence West parallel with the North line of said Lot
One (1), a distance of 5 feet; then North parallel with
the East line of said Lot One (1), a distance of 5
feet, to a point 25 feet South of and 5 feet West of
the Northeast corner of said Lot One (1); thence
Northwesterly, a distance of 15.62 feet, more or less,
to a point 15 feet South of and 15 feet West of the
Northeast corner of said Lot One (1); thence West
parallel with the North line of said Lot One (1), a
distance of 5 feet; thence North parallel with the East
line of said Lot One (1), a distance of 8 feet; thence
East parallel with the North line of siad Lot One (1),
a distance of 5 feet; thence Southeasterly, a distance
of 23.43 feet, more or less, to a point on the East
line of said Lot One (1) and 25 feet South of the
Northeast corner thereof, said point also being the
point of beginning.
The above described easement all located in Lot One
(1), Ninth Street of Seitz's Second Addition to the
City of Salina, Saline County, Kansas, contains 170
square feet, more or less.
- 2 -
(B). Compensation. The City agrees to pay the Grantor upon
closing the total sum of Three Thousand Two Hundred Forty-Two
Dollars and Seventy-Five Cents ($3,242.75) for the right-of-way,
permanent easement, and temporary construction easement,
consisting of the following:
1.
Right-of-way of 345
square feet, currently
zoned R-1 at $1.00
per square foot
345.00
$
2.
Permanent easement
limited to sidewalk
and public utilities
of 1,776 square feet,
currently zoned R-1
at $1.00 per square
foot
$1,776.00
3.
Temporary construction
easement of 170 square
feet, currently zoned
R-1 at $1.00 per
square foot times one
year annual return of
12.5% ($170 x .125)
21. 25
$
4.
Damages to remaining
property
a.
General damages
to remaining
property result-
ing from right-
of-way and
permanent ease-
ments
$ 850.00
$ 210.50
$ 40.00
b.
Moving sprinkler
system
c.
Spirea bush
Total Damages to
Remaining Property
$1.100.50
$3.242.75
Total Compensation
(C). Riqht-of-Way Deed. Permanent Easement and TemporarY
Construction Easement Documents. The Grantor agrees that the
right-of-way shall be conveyed to the City by Grantor's execution
and delivery to the City of a Right-of-Way Deed identical to the
- 3 -
copy attached as Exhibit "A" to this Agreement, a Permanent
Easement document identical to the copy attached as Exhibit "B"
to this Agreement, and a Temporary Construction Easement document
identical to the copy attached as Exhibit "c" to this Agreement.
The Right-of-way Deed, Permanent Easement, and Temporary
Construction Easement shall be recorded by the City with the
office of the Saline County Register of Deeds, at the City's
expense.
(D). Covenant of Title. Grantor covenants that Grantor is
the lawful owner of the real estate described in paragraph (A)
above and that the real estate is not subject to any contract for
sale or other liens and encumbrances, except: None
(E). Partial Mortqaqe or other Lien Release. In those
cases where the right-of-way described in paragraph (A) is
subject to mortgage or other liens or encumbrances, the Grantor
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 any 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 City's expense.
(F). Consent to Easement. In those cases where the
permanent easement or temporary construction easement described
in paragraph (A) is subject to mortgage or other liens or
encumbrances, the Grantor shall at closing deliver to the City a
duly executed and acknowledged consent to the easement executed
and acknowledged by a duly authorized representative of the
lienholder. Any consent to easement shall be recorded by the
City with the office of the Saline County Register of Deeds, at
the City's expense.
(G). Closinq. Closing shall take place on or before the
2nd day of November, 1989. At closing the Grantor shall:
1.
deliver to the City the fully executed and acknowledged
Right-of-Way Deed, Permanent Easement, and Temporary
Construction Easement documents,
2.
deliver to the City any necessary partial mortgage
release or other lien release documentation,
3.
deliver to the City any necessary consent to easement
documentation,
- 4 -
4.
provide the City with any other necessary information
such as Grantor's current mailing address and social
security number or tax identification number, 48-073272L
at which time the City shall pay Grantor the total compensation
set forth in paragraph (B) above.
(H). Nonassiqnable. Grantor's rights under this Agreement
shall not be assigned without the prior written consent of the
City.
(I). Bindinq Effect. The terms of this Agreement shall be
binding upon and inure to the benefit of the heirs, executors,
administrators, and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their
hands the day and year first above written.
GRANTOR
THE BOARD OF TRUSTEES OF THE
TRINITY EVANGELICAL LUTHERAN CHURCH
By ;/) If, {Ilfl x.. ,
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CITY OF SALINA, KANSAS
By D£~{;;;;,~ Manager
- 5 -
RIGHT-OF-WAY DEED
THIS INDENTURE, made this day of , 1989, by
and between THE BOARD OF TRUSTEES OF THE TRINITY EVANGELICAL
LUTHERAN CHURCH (the "Grantor") and THE CITY OF SALINA, KANSAS, a
municipal corporation (the "city"):
WITNESSETH: That the Grantor, for good and valuable
consideration, receipt of which is hereby acknowledged, does
hereby grant, bargain, sell, and convey unto the City, that
certain portion of land owned by the Grantor, more particularly
described as follows:
A tract of land located in the Northeast corner of
Lot One (1), Ninth street of Seitz's Second Addition to
the City of Salina, Saline County, Kansas, more
particularly described as follows:
Beginning at the Northeast corner of said Lot One
(1); thence South along the East line of said Lot One
(1), a distance of Twenty-Five Feet (25'); thence
Northwesterly, a distance of Twenty-Three and Forty-
Three Hundredths Feet (23.43'), more or less, to a
point Seven Feet (7') South of and Fifteen Feet (15')
West of the Northeast corner of said Lot One (1);
thence West parallel with the Northline of said Lot One
(1), a distance of Fifteen Feet (15'); thence North
parallel with the East line of said Lot One (1), a
distance of Seven Feet (7'), to a point on the North
line of said Lot One (1) and Thirty Feet (30') West of
Northeast corner thereof; thence East along the North
line of said Lot One (1), a distance of Thirty Feet
(30') back to the point of beginning, containing 345
square feet, more or less,
as public right-of-way for the purpose of constructing,
installing, repairing, replacing, and maintaining a public street
and public utilities, in perpetuity.
IN WITNESS WHEREOF, the Grantor has hereunto caused this
instrument to be executed the day and year first above written.
BOARD OF TRUSTEES OF THE
TRINITY EVANGELICAL LUTHERAN CHURCH
By
Chairman of the Board of Trustees
EXHIBIT
\'~/I
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this in] day of Oct.ober,
1989, before me, the undersigned, a notary public in and for the
county and state aforesaid, came Donald D. Williams, Chairman
of the Board of Trustees, 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 the Board of Trustees of the Trinity Evangelical Lutheran
Church.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed my official seal the day and year last above written.
Notary Public
James Swedlund
PERMANENT EASEMENT
THIS INDENTURE, made this day of , 1989, by
and between THE BOARD OF TRUSTEES OF THE TRINITY EVANGELICAL
LUTHERAN CHURCH (the "Grantor"), and the CITY OF SALINA, KANSAS,
a municipal corporation (the "city").
WITNESSETH: The Grantor for a good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, does hereby grant, bargain, sell, and convey unto
the City, a permanent easement in, through, over, and across a
certain portion of land owned by the Grantor, more particularly
described as follows:
The North Seven Feet (N 7') of the West Eighty
Feet (W 80') of Lot Thirteen (13), Crawford Street,
plus the North Seven Feet (N 7') of Lot Two (2), Tenth
Street, all located in seitz's Second Addition to the
City of Salina, Saline County, Kansas, containing 1776
square feet, more or less,
for all rights of ingress and egress of the City, its servants,
officers, employees, contractors, and franchisees, for the
purpose of installing, repairing, replacing, and maintaining
public utilities, public sidewalk, and street signage in
perpetuity.
IN WITNESS WHEREOF, the Grantor has signed this Permanent
Easement this day of , 1989.
THE BOARD OF TRUSTEES OF THE
TRINITY EVANGELICAL LUTHERAN CHURCH
By
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this day of ,
1989, before me, the undersigned, a notary public in and for the
county and state aforesaid, came , Chairman
of the Board of Trustees, 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 the Board of Trustees of the Trinity Evangelical Lutheran
Church.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed my official seal the day and year last above written.
EXHIBIT
Notary Public
"ß//
. .
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this day of , 1989, by
and between THE BOARD OF TRUSTEES OF THE TRINITY EVANGELICAL
LUTHERAN CHURCH (the "Grantor"), and the CITY OF SALINA, KANSAS,
a municipal corporation (the "City").
WITNESSETH: The Grantor for a good and valuable
consideration, the receipt and sufficiency of which is 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, more
particularly described as follows:
Commencing at the Northeast corner of Lot One (1),
Ninth Street of Seitz's Second Addition; thence South
along the East line of said Lot One (1), a distance of
25 feet to the point of beginning; thence continuing
South along the East line of said Lot One (1), a
distance of 7 feet; thence West parallel with the North
line of said Lot One (1), a distance of 5 feet; then
North parallel with the East line ~f said Lot One (1),
a distance of 5 feet, to a point 2$ feet South of and 5 ~/
feet West of the Northeast corneróf said Lot One (1); ~
thence Northwesterly, a distance of 15.62 feet, more or
less, to a point 15 feet South of and 15 feet West of
the Northeast corner of said Lot One (1); thence West
parallel with the North line of said Lot One (1), a
distance of 5 feet; thence North parallel with the East
line of said Lot One (1), a distance of 8 feet; thence
East parallel with the North line of siad Lot One (1),
a distance of 5 feet; thence Southeasterly, a distance
of 23.43 feet, more or less, to a point on the East
line of said Lot One (1) and 25 feet South of the
Northeast corner thereof, said point also being the
point of beginning,
for all rights of ingress and egress of the City, its servants,
officers, employees, contractors, and franchisees, for the
purpose of matching grade between project improvements and
existing concrete improvements such as driveways and sidewalks,
for a term of one year commencing with the date of this
indenture.
IN WITNESS WHEREOF, the Grantor has signed this Permanent
Easement this day of , 1989.
THE BOARD OF TRUSTEES OF THE
TRINITY EVANGELICAL LUTHERAN CHURCH
By
EXHIBIT
lIt I'
0 'f
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this day of ,
1989, before me, the undersigned, a notary public in and for the
county and state aforesaid, came , Chairman
of the Board of Trustees, 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 the Board of Trustees of the Trinity Evangelical Lutheran
Church.
IN WITNESS WHEREOF, I have hereunto subscribed my name and
affixed my official seal the day and year last above written.
Notary Public