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Lot 16, Block 4 Mise. BII IJI(O P, c¡ / <¡ ~ PERMANENT BAS DENT THIS INDENTURB, made this J1b!-- day of ~... , 1991, by and between ASHTON BROTHERS GROCERY AND LOC~INC., a Kansas corporation (the "Grantor"), and the CITY OP 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: A parcel in a tract of land designated as Lot sixteen (ló), Block Four (4), Southern Heights Addition to the City of Salina, Saline County, Kansas described as follows: Beginning at the Northwest corner of said Lot Sixteen (16); thence East along the North line of said Lot sixteen (16) a distance of 10.00 feet; thence in a Southwesterly direction to a point on the West line of said Lot sixteen (16) a distance of 14.14 feet; thence North along the West line of said Lot sixteen (16) a distance of 10.00 feet to the point of beginning. The above described parcel of land contains 50.00 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 WHEREOP, the Grantor has signed this Permanent Easement this FlU, day of (fú~d. , 1991. ASHTON BROTHERS GROCERY AND LOCKERS, INC. BY~) / COUNTY, ss: STATE OF KANSAS, SALINE BE IT RDEKBERED, that on this ICfb~ day of ~~- , 1991, before me, the undersigned, a notary public in an for the county and. state aforesaid, came ~ G./J~ who is p~ for Ashton Brothers Grocery and Lockers, Inc. who is personally known to me to be the same person who executed the above and foregoing instrument of writing on behalf of said corporation and duly acknowledged the execution of the same. ,/ '- M'1Sc. BJc lI(n Pi 1PJ..Q I' ~. :IN W:ITNESS WHEREOP, I have hereunto subscribed my name and affixed my official seal the day and year last above written. ~. JAMES SWEDlUHO nat'ARY PUBLIC ITA TE OF KANSAS lIiN APPT. EDCPIIUiIS j - '2 ,I çtO~~ ~~u9 -- " Notary Public ,'"""" ~""-'~~"-""'"--'~~""~~-,,,--, ::iTATE OF KANSAS ~ ~. AJ) COUNTY OF SALINE} FILED FOR RECORD IN MY FICE . ON OCT - 6 1991 AT c:l.'i:(O'CLOCKEM. A VLY RECORDED \...-!VOL 0 T PAG~r¡-t:¡:J.O f"'Y) . r.. ()~ n~p" -2- ¡'ð' ~ g Mise.9. J..'f'O p,~ ~ CONSENT TO EASEKENT The undersigned Lessees consent to the Owner's grant of an easement to the City of Salina, Itansa. (the "city"), as follows: 1. The name of the Owner is Ashton Brothers Grocery and Lockers, Inc. 2. The names of the Lessees are Howard L. Warren and steven K. Ashton, partners doing business under firm name of Ashton's Affiliated. 3. The Lease dated August 20, 1979 was recorded August 29, 1979 at Misc. Book 120, page 535 of the records of the Register of Deeds for Saline County, Kansas. 4 . The Owner intends to convey to the City a permanent easement (the "Easement") for the purpose of installing, repairing, replacing, and maintaining public utilities, public sidewalk, and street signage, in perpetuity legally described as: A parcel in a tract of land designated as Lot sixteen (16), Block Four (4), Southern Heights Addition to the City of Salina, Saline County, Kansas described as follows: Beginning at the Northwest corner of said Lot sixteen (16); thence East along the North line of said Lot sixteen (16) a distance of 10.00 feet; thence in a Southwesterly direction to a point on the West line of said Lot sixteen (16) a distance of 14.14 feet; thence North along the West line of said Lot Sixteen (16) a distance of 10.00 feet to the point of beginning. The above described parcel of land contains 50.00 square feet more or less. 5. This Consent to Easement shall not otherwise affect the interest of the Lessees as it applies to the property described in the lease. Dated this / ~day of How , 1991. Stev d/b/a . . ~c.B. /..lfn Pg <¡~ STATE OF KANSAS, COUNTY OF SALINE, ss: BE :IT RDBKBERED, that on this J~~day Of~ ' 1991, before me, the undersigned, a notary public in d for the county and state aforesaid, came Howard L. Warren and Steven K. Ashton, doing business as Ashton's Affiliated who are personally known to me to be the same persons who executed the foregoing Consent to Easement as partners of said partnership, and said persons duly acknowledged the execution of the same as the act of said partnership. :IN W:ITNESS WHBREOP, I have hereunto set my hand and affixed my notarial seal the day and year last above written. i~.:. -'-~~,:TE,~~ MY'oAI"PT:~ ~~ReS _?,~ " () 9 ~') ~ . G/~ - ) £l.ù .' I Notary Public ;)TATE OF KANSAS ~ ss( AJ t) COUNTY OF SALINE} ~~t FILED FOR RECORD IN MY OFFICE ON OCT - 8 1991 AT øt°J&í:O'CLOCæM. A '-1;j°L . ULY RECORDED T PAGE~/- <¡ ~L Fr.. ()~ m:~'" -2- ~~\ú, ~ Ig ~ .... Misc. Bk I\. 1) n P, ~ .~ CONSENT TO BAS DENT The undersigned Assignee consents to the Owner's grant of an easement to the City of Salina, Kansas (the "city"), as follows: 1. The name of the Owner is Ashton Brothers Grocery and Lockers, Inc. 2. The names of the Lessees are Howard L. Warren and steven K. Ashton, partners doing business under firm name of Ashton's Affiliated. 3. The name of the Assignee of said lease is Planters state Bank & Trust Company, now Bank IV Salina, N.A. 4. The Lease dated August 20, 1979 was recorded August 29, 1979 at Misc. Book 120, page 535 of the records of the Register of Deeds for Saline County, Kansas. 5. The assignment dated August 29, 1979 was recorded September 7,1979 at Misc. Book 120, page 562 of the records of the Register of Deeds for Saline County, Kansas. 6. The Owner intends to convey to the City a permanent easement (the "Easement") for the purpose of installing, repairing, replacing, and maintaining public utilities, public sidewalk, and street signage, in perpetuity legally described as: A parcel in a tract of land designated as Lot sixteen (16), Block Four (4), Southern Heights Addition to the City of Salina, Saline County, Kansas described as follows: Beginning at the Northwest corner of said Lot sixteen (16); thence East along the North line of said Lot sixteen (16) a distance of 10.00 feet; thence in a Southwesterly direction to a point on the West line of said Lot sixteen (16) a distance of 14.14 feet; thence North along the West line of said Lot Sixteen (16) a distance of.10.00 feet to the point of beginning. The above described parcel of land contains 50.00 square feet more or less. 7. This Consent to Easement shall not otherwise affect the interest of the Assignee as it applies to the property described in the lease. Dated this ..ø?O ~ day of ~ JtLAc.L- , 1991. Planters State Bank & Trust Company, now B IV Salina, N.A. By Mise.Bk l6'O pg~ l STATE OF KANSAS, COUNTY OF SALINE, ss: Iv BE :IT RDEKBBRED, that on this ;2or' day of J~- , 1991, before me, the undersigned, a notary public in and for the county and state aforesaid, came !ð4 ~ CJ. «L.(...-...s ~ y of Planters State Bank & Trust Compa , now Bank IV! Salina, N.A. who is personally known to me to be the same person who executed the foregoing Consent to Easement as ~~~lbI~Nr- of said corporation, and said person duly acknowledged the execution of the same as the act of said corporation. :IN W:ITNESS WHEREOP, I have hereunto set my hand and affixed my notarial seal the day and year last above written. ð~~ Not: ry Public "' r THOMAS Wo POOS 'C:j~3 s~~~~RciF P~:~~;s ~ MY APPTo EXPIRES Ý ':i..::-1...::L,! ._-~o ::iTATE OF KANSAS ~ SS(¡rJ+-r-)\ COUNTY OF SALINE )I--+- fiLED FOR RECORD IN MY 0 lCE ON OCT - 6 1991 AT 'U::O'CLOC¡ßM. AN VOL. UL Y RECORDED . T PAGE.W- 9.1l./f RF('.. ()~ nç~... -2- Ii ofI/ ~~r-' ~ ~3~ jl AGREDENT This Agreement is made this /qblday of ~ , 1991, by and between ASHTON BROTHERS GROCERY AND LocxiRi, INC., a Kansas corporation, hereinafter referred to as the "Grantor," and the CITY OP SALINA, JtABSAS, a municipal corporation, hereinafter referred to as the "city." RECITALS 1. The City, in conjunction with the Crawford 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" . 2. The City has caused the permanent 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. 3. It is the desire of the Grantor to convey the permanent 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. DescriDtion. The interest to be conveyed by the Grantor to the City shall be public permanent easement in, through, over, and across real estate owned by the Grantor more particularly described as follows: A parcel in a tract of land designated as Lot sixteen (16), Block Four (4), Southern Heights Addition to the City of Salina, Saline County, Kansas described as follows: Beginning at the Northwest corner of said Lot Sixteen (16)¡ thence East along the North line of said Lot sixteen (16) a distance of 10.00 feet¡ thence in a Southwesterly direction to a point on the West line of said Lot sixteen (16) a distance of 14.14 feet; thence North along the West line of said Lot sixteen (16) a distance of 10.00 feet to the point of beginning. The above described parcel of land contains 50.00 square feet more or less. B. Comoensation. The city agrees to pay the Grantor upon closing the total sum of Two thousand Four hundred forty-three and 85/100 Dollars ($2,443.85) for the permanent easement, consisting of the following: 1. Permanent Easement (50.00 sq. ft. at $3.00 per sq. ft.) Daaaqes to remaininq property (Reduced utility $200; relocating sign $2,093.85) $ 150.00 2. 2.293.85 Total compensation $2,443.85 C. Permanent Easement Documents. The Grantor agrees that the permanent easement shall be conveyed to the City by Grantor's execution and delivery to the City of a Permanent Easement identical to the copy attached as Exhibit "A" to this Agreement. The permanent 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 a Lease executed by owners in favor of Howard L. Warren and Steven K. Ashton, partners doing business under firm name of Ashton's Affiliated as set out in Misc. Book 120, page 535 and assigned to Planters State Bank & Trust Company in Misc. Book 135, page 562. E. Consent to Easement. In those cases where the permanent 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. F. Closina. ~Æ-2Ð. /ý)q/ . Closing shall take place on or before At closing the Grantor shall: 1. deliver to the City the fully executed and acknowledged permanent easement documents, 2. deliver to the City any necessary consent to easement documentation, -2- 3. provide the City with any other necessary information such as Grantor's current mailing address and tax identification number, at which time the City shall pay Grantor the total compensation set forth in paragraph (B) above. G. Nonassignable. Grantor's rights under this Agreement shall not be assigned without the prior written consent of the City. H. Bindina 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. ASHTON BROTHERS GROCERY AND :4?~~:.! ¡&~ Tax ID No. '17- ð (a V -. rÝ6 '-- CITY OF SALINA, KANSAS ~~ '¡¡;;' By ~ft1, ~ enn~s"M: Kiss- 9 City Manager -3- PERMANENT BASDENT THIS INDENTURE, made this day of , 1991, by and between ASHTON BROTHERS GROCERY AND LOCKERS, INC., a Kansas corporation (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: A parcel in a tract of land designated as Lot sixteen (16), Block Four (4), Southern Heights Addition to the City of Salina, Saline County, Kansas described as follows: Beginning at the Northwest corner of said Lot sixteen (16); thence East along the North line of said Lot sixteen (16) a distance of 10.00 feet; thence in a ~ southwesterly direction to a point on the West line of said Lot sixteen (16) a distance of 14.14 feet; thence North along the West line of said Lot Sixteen (16) a distance of 10.00 feet to the point of beginning. The above described parcel of land contains 50.00 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 , 1991. ASHTON BROTHERS GROCERY AND LOCKERS, INC. By: STATE OF KANSAS, SALINE COUNTY, ss: BE IT REKEKBERED, that on this day of , 1991, before me, the undersigned, a notary public in and for the county and state aforesaid, came who is for Ashton Brothers Grocery and Lockers, Inc. who is personally known to me to be the same person who executed the above and foregoing instrument of writing on behalf of said corporation and duly acknowledged the execution of the same. Exhibit A IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. Notary Public -2-