ROW/Temporary Construction Easement
AGREEMENT
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This Agreement is made this ::::1- day of October, 2007, by and between BARRY L.
HUTTON and RUTH C. HUTTON, husband and wife (the "Owner"), and the CITY OF
SALINA, KANSAS, a municipal corporation, (the "City").
RECITALS
A. The City, in conjunction with the South Ohio Improvement Project, wishes to
acquire from the Owner a certain right-of-way affecting a certain portion of land owned by the
Owner.
B. The City has caused the right-of-way to be acquired to be valued and has agreed
upon a purchase price with the Owner.
C. It is the desire of the Owner to convey the right-of-way 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 Exhibits A
and B (the "Right-of-Way").
2. Compensation. The City agrees to pay the Owner upon closing the total sum of
Twenty-Four Thousand Seven Hundred Fifty-Three Dollars and Nine Cents ($24,753.09) for the
Right-of-Way.
3. Documents. The Owner agrees that the Right-of-Way 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 Right-of-Way Deed shall be recorded by the City
with the office of the Saline County Register of Deeds, at the expense of the City. .
4. Term of Possession. The Right-of-Way shall be effective for a term commencing
upon the date of the Right-of-Way Deed and ending two years thereafter.
5. Covenant of Title. The Owner covenants that it is the lawful owner of the real
estate affected by the Right-of-Way.
6.
Owner shall:
Closing. Closing shall take place on or before October 31, 2007. At closing the
a.
deliver to the City the fully executed and acknowledged Right-of-Way
Deed, and
b. 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 (2) above.
7. Nonassignable. The Owner's rights under this Agreement shall not be assigned
without the prior written consent of the City.
8. 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.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year
first above written.
"Ow"
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By
J on A. Gage, City Manager
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TRACT NO. 15
OWNER: Barry LaVern and Ruth Chance Hutton
AREA: 6,960 square feet
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Scale r = 100'
Existing 30' Easement for
Road Right-of- Way Purposes
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o Point of Beginning
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SW corner of NW/4 South line of NW/4
S 31- T14S-R2W
The accompanying plat does not
constitute a boundary survey.
III/JISOItI
&CDMPANY
1700 E. Iron
SQUM, KS 67401
785-827-0433
Exhibit A
South Ohio Street
Project No: 85 U-2005-0 1
Tract 15
Barry LaVern and Ruth Chance Hutton
RIGHT OF WAY
A tract of land in the South half of the Northwest Quarter of Section 31,
Township 14 South, Range 2 West ofthe 6th P.M., in Saline County, Kansas and
described as follows:
Beginning at a point on the West line 60.00 feet North of the Southwest comer of
said Quarter Section;
Thence Easterlyand parallel with the South line of said Quarter Section, a
distance of 60.00 feet;
Thence Northerly and parallel with the West line of said Quarter Section, a
distance of 232.00 feet;
Thence Westerly and parallel with the South line of said Quarter Section, a
distance of 60.00 feet to a point on the West line of said Quarter Section;
Thence Southerly along said West line, a distance of232.00 feet to the Point of
Beginning.
Described tract contains
Existing Easement for Road Right-of-way Purposes contains
New Acquisition contains
13,920 square feet, more or less
6,960 square feet, more or less
6,960 square feet, more or less
Exhibit B
RIGHT-OF-WAY DEED
THIS INDENTURE, made this _ day of , 2007, by and between
BARRY L. HUTTON and RUTH C. HUTTON, husband and wife, (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 on the
attached and incorporated Exhibit A and legally described on the attached and incorporated
Exhibit B 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.
IN WITNESS WHEREOF, the Grantor has hereunto caused this instrument to be
executed the day and year first above written.
Barry L. Hutton
Ruth C. Hutton
Exhibit C
STATE OF KANSAS, SALINE COUNTY, ss:
This instrument was subscribed, sworn to, and acknowledged before me on October --y
2007, by Barry L. Hutton.
Notary Public
STATE OF KANSAS, SALINE COUNTY, ss:
This instrument was subscribed, sworn to, and acknowledged before me on October --y
2007, by Ruth C. Hutton.
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
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