Lot 10, Block 17 (East)
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Misc.Bk /415 P, 9~1
PERMANENT EASEMENT
THIS INDENTURE, made this Î 7th day of Ort.ohpr , 1989, by
and between WILLIAM M. REIMOLD, a/k/a WILLIAM H. REIMOLD, and
VIRGINIA LEE REIMOLD, husband and wife, and SHIRLEY A. TREAS and
GERALD G. TREAS, wife and husband, (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 Seven Feet (S 7') of the East Fifty Feet
(E 50') of the West One Hundred Feet (W 100') of Lot
Ten (10), Block Seventeen (17) of South Park Addition
to the City of Salina, Saline County, Kansas,
containing 350 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 12th day of October, 1989.
STATE OF KANSAS } (¡~11 J)
COUNTY OF SALINE ~{IV
FILED FOR RECORD IN MY OF ICE
ON OCT 3 1 1989 AT
'f.'l&b'ClOCII!l-M. AN~ RECORDED, t
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William M. Reimold, a/k/a
William H. Reimold
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Vir nia Lee Relmold
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Shirlef' A. Treas
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Geral G. Treas
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STATE OF KANSAS, SALINE COUNTY, ss:
The foregoing instrument was acknowledged before me this
12th day of October, 1989, by William M. Reimold, a/k/a
William H. Reimold, and Virginia Lee Reimold, husband and wife.
..-""""'-
. JAMES SWEDUJND
~ .. NOTARV pUBLiC
- STATE OF KANSAS
MY APPT. II!XPntGti S-.< -,
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No" ry Public ',-
James Swedlund
STATE OF KANSAS, SALINE COUNTY, ss:
The foregoing instrument was acknowledged before me this
nT-*-- day of ~1.-er~v , 1989, by Shirley A. Treas and Gerald G.
Treas, wife an husband.
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Not" ry Public
James Swedlund
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AGREEMENT
This Agreement is made this 12th day of October, 1989, by
and between WILLIAM M. REIMOLD a/k/a WILLIAM H. REIMOLD, and
VIRGINIA LEE REIMOLD, husband and wife, and SHIRLEY A. TREAS and
GERALD G. TREAS, wife and husband, 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...
(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). Descriþtion. The interest to be conveyed by the
Grantors to the City shall be public a permanent easement and a
temporary construction easement in, through, over, and across
real estate owned by the Grantors, more particularly described as
follows:
1.
Permanent Easement: The South Seven Feet (S 7') of the
East Fifty Feet (E 50') of the West One Hundred Feet (w
100') of Lot Ten (10), Block Seventeen (17) of South
Park Addition to the City of Salina, Saline County,
Kansas, containing 350 square feet, more or less.
..
2.
Temcorarv Construction Easement: The North Thirteen
Feet (N 13') of the South Twenty Feet (S 20') of the
East Fifty Feet (E 50') of the West One Hundred Feet (w
100') of Lot Ten (10), Block Seventeen (17) of South
Park Addition to the City of Salina, Saline County,
Kansas, containing 650 square feet, more or less.
(B). Comcensation. The City agrees to pay the Grantors
upon closing the total sum of $12,540.31 for the permanent
easement and temporary construction easement, consisting of the
following:
2.
3.
1.
Permanent easement
limited to sidewalk
and public utilities
of 350 square feet,
currently zoned C-5
at $5.00 per square
foot
$ 1,750.00
Temporary construction
easement of 650 square
feet, currently zoned
C-5 at $5.00 per
square foot times one
year annual return of
12.5% ($3,250 x .125)
$
406.25
Damages to remaining
property
a.
General damages
to remaining
property result-
ing from permanent
easements
$ 1,200.00
b.
removing front
porch and pro-
viding new entry
$ 8,000.00
$ 1.184.06
c.
concrete parking
Total Damages to
Remaining Property
$10.384.06
$12.540.31
Total Compensation
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"
(C). Permanent Easement and Temcorarv 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 identical to the copy attached
as Exhibit "A" to this Agreement, 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: Contract for
sale between Grantors.
(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.
(F). Closinq. Closing shall take place on or before the
6th day of November, 1989. At closing the Grantors shall:
1.
deliver to the City the fully executed and acknowledged
Permanent Easement and Temporary Construction Easement
documents,
2.
deliver to the City any necessary consent to easement
documentation,
3.
provide the City with any other necessary information
such as Grantors' current mailing addresses and social
security numbers or tax identification numbers, 514-34-8023
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). Binding 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.
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IN WITNESS WHEREOF, the parties have hereunto set their
hands the day and year first above written.
GRANTORS ... ~./ A
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William M. Reimold, a/k/a
William H. Reimold
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Shir y A. ~ea,~~
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Gerald G. Treas
CITY OF SALINA, KANSAS
By
City Manager
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PERMANENT EASEMENT
THIS INDENTURE, made this day of , 1989, by
and between WILLIAM M. REIMOLD, a/k/a WILLIAM H. REIMOLD, and
VIRGINIA LEE REIMOLD, husband and wife, and SHIRLEY A. TREAS and
GERALD G. TREAS, wife and husband, (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 Seven Feet (S 7') of the East Fifty Feet
(E 50') of the West One Hundred Feet (W 100') of Lot
Ten (10), Block Seventeen (17) of South Park Addition
to the City of Salina, Saline County, Kansas,
containing 350 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.
William M. Reimold, a/k/a
William H. Reimold
Virginia Lee Reimold
Shirley A. Treas
Gerald G. Treas
EXHIBIT
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STATE OF KANSAS, SALINE COUNTY, ss:
The foregoing instrument was acknowledged before me this
day of , 1989, by William M. Reimold, a/k/a
William H. Reimold, and Virginia Lee Reimold, husband and wife.
Notary Public
STATE OF KANSAS, SALINE COUNTY, ss:
The foregoing instrument was acknowledged before me this
day of , 1989, by Shirley A. Treas and Gerald G.
Treas, wife and husband.
Notary Public
.
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this day of , 1989, by
and between WILLIAM M. REIMOLD, ajkja WILLIAM H. REIMOLD, and
VIRGINIA LEE REIMOLD, husband and wife, and SHIRLEY A. TREAS and
GERALD G. TREAS, wife and husband (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 Thirteen Feet (N 13') of the South
Twenty Feet (S 20') of the East Fifty Feet (W 50') of
the West One Hundred Feet (W 100') of Lot Seventeen
(17) of South Park Addition to the City of Salina,
Saline County, Kansas, containing 650 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.
William M. Reimold, ajkja
William H. Reimold
Virginia Lee Reimold
Shirley A. Treas
Gerald G. Treas
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 William H. Reimold, a/kja
William H. Reimold, and Virginia Lee Reimold, husband and wife,
EXHIBIT
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...
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
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 Shirley A. Treas and Gerald G.
Treas, wife and husband, 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