Lot 21, 9th Street (South)
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PERMANENT EASEMENT
THIS INDENTURE, made this 25th day of October, 1989, by
and between DONALD J. MOSIER and PATRICIA I. MOSIER, husband and
wife (the "Grantors"), and the CITY OF SALINA, KANSAS, a
municipal corporation (the "city").
WITNESSETH: The Grantors for a good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, do 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 Grantors, more particularly
described as follows:
The South Five Feet (S 5') of the East Seventy-Six
Feet (E 76') of Lot Twenty-One (21), Ninth Street of
Prescott Addition to the City of Salina, Saline County,
Kansas, containing 380 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, th¿)~~ors have signed this
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RLED FOR RECORD IN MY OFFICE
Permanent
ON fEB 2. 3 1990 AT
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TATE OF KANSAS, SALINE
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Patricia I. Mosier I
COUNTY, ss:
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BE IT REMEMBERED, that on this :< S 'day of Uc ,
1989, before me, the undersigned, a notary public in and for the
county and state aforesaid, came Donald J. Mosier and Patricia I.
Mosier, husband and wife, who are personally known to me to be
the same persons who executed the above and foregiong 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.
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CONSENT TO EASEMENT
The undersigned Mortgagees, consent to the Mortgagors' grant
of easements to the City of Salina, Kansas (the "city"), as
follows:
1. The names of the Mortgagors are Donald J. Kosier and
Patricia I. Kosier.
2. The names of the Mortgagees are Robert W. Thorp and Kary
Jean Thorp.
3. The Mortgage dated January 15, 1986 was recorded January
16, 1986 at Book 379 of Mortgages, pages 248-250 of the records of
the Register of Deeds for Saline County, Kansas.
4. Mortgagors intenð. to convey to the city a temporary
construction easement (the "Temporary Construction Easement") for
the purpose of matching grade between proj ect improvement and
existing concrete improvements such as driveways and sidewalks,
legally described as:
J The North ten feet (N 10') of the
South fifteen feet (S 15') of the
East seventy-six feet (E 76') of Lot
twenty-one (21), Ninth Street of
Prescott Addition to the ci ty of
Salina, Saline County, Kansas,
containing 760 square feet, more or
less.
5. Mortgagors also intend to convey to the City a permanent
easement (the "Permanent Easement") for the purpose of installing,
repairing, replacing, and maintaining public utilities, public
sidewalk, and street signage, in perpetuity, legally described
as:
/ The South five feet (S 5') of the
East seventy-six feet (E 76') of Lot
twenty-one (21), Ninth Stree~ of
Prescott Addition to the ci ty of
Salina, Saline County, Kansas,
containing 380 square feet, more or
less.
6. This Consent to Easement shall not affect the lien of the
Mortgage as it applies to the property described in the Mortgage.
Dated this t..h.-h day of 'V,:r.: S:ç~..... \.J.s:L>.. , 1989.
.TATE OF KANSAS } ss( IlA1 ¡j AA
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ON fEB 2.3 1990 AT
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Kary ~~ßn Thorp'S
STATE OF KANSAS, COUNTY OF 5'-.~ ' ss:
BE IT REMEMBERED, that on this ~Áday of ¡;)~. , 1981,
before me, the undersigned, a notary~lic in and for the county
and sta te aforesaid, came Robert.. Thorp, mortgagor, who is
personally known to me to be the same person who executed the
foregoing Consent to Easement, and said person duly acknowledged
the execution of the same as his own free and voluntary act.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my notarial seal the day and year last above written.
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Notary Public
S~TE OF ~NSAS, roOOTY OF~' ss:
BE IT REMEMBERED, that on this .!L!!day of -~ . , 198t,
before me, the undersigned, a notary public in and for the county
and state aforesaid, came Kary Jean Thorp, mortgagor, who is
personally known to me to be the same person who executed the
foregoing Consent to Easement, and said person duly acknowledged
the execution of the same as her own free and voluntary act.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my notarial seal the day and year last above written.
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AGREEMENT
This Agreement is made this 25th day of October, 1989, by
and between DONALD J. MOSIER and PATRICIA I. MOSIER, husband and
wife, hereinafter referred to as "Grantors," 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
Grantors a permanent easement in, through, over, and across a
certain portion of land owned by the Grantors 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."
(2). The City, also in conjunction with the Ninth Street
and Crawford Avenue improvement project, wishes to acquire from
the Grantors a temporary construction easement in, through, over
and across a certain portion of land owned by the Grantors for
the purpose of matching grade between project improvement and
existing concrete improvements such as driveways and sidewalks,
hereinafter referred to as the "temporary construction easement. II
(3). The City has caused the permanent easement and
temporary construction easement to be acquired to be appraised
and has negotiated a purchase price with the Grantors, all in the
manner prescribed in Title III of the Uniform Relocation
Assistance and Real Property Acquisition Act of 1970.
(4). It is the desire of the Grantors to convey the
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
Grantors to the city shall be a permanent easement and a
temporary construction easement in, through, over, and across
real estate owned by the Grantors, more particularly described as
follows:
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1.
Permanent Easement: The South Five Feet (S 5') of the
East Seventy-Six Feet (E 76') of Lot Twenty-One (21),
Ninth Street of Prescott Addition to the City of
Salina, Saline County, Kansas, containing 380 square
feet, more or less.
2.
Temporarv Construction Easement: The North Ten Feet (N
10') of the South Fifteen Feet (S 15') of the East
Seventy-Fix Feet (E 76') of Lot Twenty-One (21), Ninth
Street of Prescott Addition to the City of Salina,
Saline County, Kansas, containing 760 square feet, more
or less.
(B). Compensation. The City agrees to pay the Grantors
upon closing the total sum of Three Thousand One Hundred Seventy-
Five Dollars ($3,125) for the permanent easement and temporary
construction easement, consisting of the following:
1.
Permanent easement
limited to sidewalk
and public utilities
of 380 square feet,
currently zoned C-5
at $5.00 per square
foot
$1,900.00
2.
Temporary construction
easement of 760 square
feet, currently zoned
C-5 at $5.00 per
square foot times one
year annual return of
12.5% (3,800 x .125)
475.00
$
3.
Damages to remaining
property
a.
General damages
to remaining
property result-
ing from permanent
easements, including
reduced utility
$800.00
Total Damages to
Remaining Property
$
800.00
Total compensation
$3.175.00
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(C). Permanent Easement and Temporarv Construction Easement
Documents. The Grantors agree that the permanent easement shall
be conveyed to the City by Grantors execution and delivery to the
City of a Permanent Easement document identical to the copy
attached as Exhibit "A" to this Agreement, and a Temporary
Construction Easement document identical to the copy attached as
Exhibit "B" to this Agreement. The 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. Grantors covenant that Grantors
are 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:
1.
2.
Mortgage dated January 15, 1986, in favor of Robert w.
Thorp and Mary Jean Thorp, husband and wife, recorded
in the office of the Saline County Register of Deeds on
January 16, 1986, in Book 379 of Mortgages, pages 248-
250.
Easement held by Bob Dinges and Karla Dinges, husband
and wife, pursuant to Grant of Easements dated February
28, 1986, and recorded in the office of the Saline
County Register of Deeds on March 21, 1986 in Book 136
of Misc., pages 381-384.
(E). 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 Grantors 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.
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--IÆ -day
1.
2.
3.
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deliver to the City the fully executed and acknowledged
Permanent Easement and Temporary Construction Easement
documents,
Closing shall take place on or before the
, 1989. At closing the Grantors shall:
deliver to the City any necessary consent to easement
documentation,
provide the City with any other necessary information
such as Grantors' current mailing address and social
security number or tax identification number, 522-48-0053
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at which time the City shall pay Grantors the total compensation
set forth in paragraph (B) above.
(G). Nonassiqnable. Grantors' rights under this Agreement
shall not be assigned without the prior written consent of the
City.
(H). 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.
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D Id J Mo 'er
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Patricia I. Mosier
CITY OF SALINA, KANSAS
By Q~. ~ty Manager
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PERMANENT EASEMENT
THIS INDENTURE, made this day of , 1989, by
and between DONALD J. MOSIER and PATRICIA I. MOSIER, husband and
wife (the "Grantors"), and the CITY OF SALINA, KANSAS, a
municipal corporation (the "City").
WITNESSETH: The Grantors for a good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, do 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 Grantors, more particularly
described as follows:
The South Five Feet (S 5') of the East Seventy-Six
Feet (E 76') of Lot Twenty-One (21), Ninth Street of
Prescott Addition to the City of Salina, Saline County,
Kansas, containing 380 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 Grantors have signed this Permanent
Easement this day of , 1989.
Donald J. Mosier
Patricia I. Mosier
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 Donald J. Mosier and Patricia I.
Mosier, husband and wife, who are personally known to me to be
the same persons who executed the above and foregiong 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
EXHIBIT
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TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this day of , 1989, by
and between DONALD J. MOSIER and PATRICIA I. MOSIER, husband and
wife (the "Grantors"), and the CITY OF SALINA, KANSAS, a
municipal corporation (the "City").
WITNESSETH: The Grantors for a good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, do 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 Grantors, more
particularly described as follows:
The North Ten Feet (N 10') of the South Fifteen
Feet (S 15') of the East Seventy-Six Feet (E 76') of
Lot Twenty-One (21), Ninth Street of Prescott Addition
to the City of Salina, Saline County, Kansas,
containing 760 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 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 Grantors have signed this Temporary
Construction Easement this day of , 1989.
Donald J. Mosier
Patricia I. Mosier
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, carne Donald J. Mosier and Patricia I.
Mosier, 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.
EXHIBIT
Notary Public
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