ROW/Temporary Construction EasementThis Agreemma t is made this „'_ day of De,± 2007 by and among DOROTRX E.
WILT"ORD and BILL R. WILLWOM. wife and Lnsband, (collectively, the "Owner"). mid the
CITY OF SALINA, KANSAS, a mhmicipal corporation, (the "City"),
RECITALS
A. The City, in eonjmcdoh with the South Ohio Imptovonent Project, wishes to
"Vara from the Owner certmn rigritrof-way and a tempiuxwy conatrw4an easement affecting a
ca-taam portion of lmtd owned by the Owner.
a. The City has caused the zightdf-way and temporary construction easement to be
acquired to be valued and has agtood upon a purchase Aloe with *a Owner.
C. It is the desite of the Owaar to convey the tight OSwaty and tanporary
omMiction easement to the City upon the fauns and conditiona contsi and in this Agreaneut.
FOR AND IN CONSIDERATION of unrtual and roaptocal ptntniaes and agreements
set forth herein, the parties agree as follows_
1. Qsm "zm'on of Biaht�f-Way The rigbt-of-way to be outrwriod by the Owe to
the City shall be as depicted and lgpft described on the atiadwd and incorporated Exhibits A
and B (the `Right -of -Way').
2. V-vmajWon of 245.7 Sgom Foot JgWgy I amlad. The 245.7 square foot
temporary construction casement to be conveyed by the Owner to the City shall be as depleted
mrd legally desmbed on the attached mad nicompotated Exhibits C and D (rho "245.7 aqume foot
Temporary Easemean-
3. C2muansatlon The QtY agrees to pay the Owner upon coling the total earn of
Two Thousand Ono i unftcd Nioctom Dollars and T cry -Pisa Cents ($2,119.35) for the Rigid-
of-Way
ightof-Way end Temporary FJaement aotr"tin$ of the following:
a Rigbtof-Way $1,619.35
b- 245.7 Square Foot Tempmary Easemcat Silo
Total Compensation
$2,119.35
5. The Owens agrees tbat the Right-qf-Way shall be conveyed to the
city by the Owmes execution and delivery to the Qty of a Right -of -Way Deed idCracal to the
copy attached as Etmibit E to this AVvemem The Owner aVves aid the Towpormy Easement
shall be oonveyed to the City by the Owner's execution and delivety to the City of a Tempottary
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Easement *),- cot identical to the copy attached as RAM F to this Apvaarmt The RigDt.of-
Way Dood and the Temporary Basement dommeat shat( be neowdcd by the City with the office
of the Satin Caunty Register of Deeds, at the expense of the City.
6. Term of EQAM9 iao no Temporary Easement shall be effective for a tern
mmmieacing upon the date of the Temporary Easement document and ending two years
thereafter.
7. Covenant of Titie. The Owner covenants that it is the lawful owner of the real
estate aB'bctod by the (tight -of -Way and Temporary Easeotent
9. Paetlal M011911110 QE QIbW lies R ta46 in those casae where the Owner's
Pro Is mbjeM to In0rWV Or Other livor or encumbrances, the Owns: shall at closing deliver
to the City a duly executed and adoaoMedsed Partial moatgsge release or release of hen,
releasing that portion of ibe real estate to which the Mght-uf-Way relates tiom any mortgage of
other lien eacumbran Any partial mortgage releeeso of other' lien release a a nimb shat! bo
moorded by the. City with rho office of the Saline Coady Rehr of Deeds, at the mrpeuse of the
City.
9. BOE Closing shall take plaoe on or before Ootober 31 ", 2007. At dosing the
Owtie<shatl:
a. deliver to the City the MY executed wad acknowledged Right -of -Way
Deed wad Temporary Bascoacnt ;tend
b. provide the City with mw other wnessary infottwhoa Satoh as the Owner's
is
ettrrart maili n address and tax identification nmhay
at whieb timc the City shall pay owaef the total oo®perzs&u set Barth in paragraph (3) above.
10. Mmudmdale. The Ownces rights miler this Agtemtemt " not be assigned
without the prior written consent of the City.
11- BlindlogjMwi, The team of this Aggoeinent shall be bmdiag upon mod nice to
the beaalk of the hairs, executors, aerators, wucoemom and suave (zed assigns of the
parties bexvto.
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'N WITNESS WHERWF, the parties have hereantu set their hands the day and year
fust above written.
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Dorothy P. vMKOV4 �—
CITY OF SADA, ICANSAS
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TRACT NO. 16
OWNER. Mildred L Miller,
AREA: 4,500 square feet
Revocable Trust and Mildred 1. Miller
NW/4
S 31—T14S—R2W
Scale I" = 100'
Existing 30' Easement for
60.00' Road Right—of—Way Purposes
of Beginning
South line of NW/4
SW corner of NW/4
S 31—T14S—R2W
The accompanying plat does not
constitute a boundary survey.
I
77
&COMPAW
1700 E. Iron
Sauna, KS 67401
785-827-0433
Exhibit A
South Ohio Street
Project No: 85 U-2005-01
Tract 16
Mildred I. Miller, Revocable Trust and Mildred I. Miller
RIGHT OF WAY
A tract of land in the South half of the Northwest Quarter of Section 31,
Township 14 South, Range 2 West of the 6�h P.M., in Saline County, Kansas and
described as follows:
Beginning at a point on the West line 292.00 feet North of the Southwest comer
of said Quarter Section;
Thence Easterly and 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 150.00 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 of 150.00 feet to the Point of
Beginning,
Described tract contains
Existing Easement for Road Right -of -Way Purposes contains
New Acquisition contains
9,000 square feet, more or less
4,500 square feet, more or less
4,500 square feet, more or less
1'fJ7 j
i -DS -D
k�iNSh`'.• Q` ��
SURV����
Exhibit B
I EASEMENT ACQUISITION
0 OWNER: /Mildred I. Miller, Revocable Trust and Mildred I. Miller
SALINA, KS 67401
_�l
F
A Tract in S%2 NW%4
Sec. 31 T14S R2W
7.02'
TIE
0 0
7_02'
P.O.B.
I
r4 Seo. Line
LEGAL DESCRIPTION: 'This does not constitute a
f)F 7 legal survey, drawing is for
inf ormationot purposes only.
Exhibit C
PAGE I OF 9
South Ohio Street
Project No: 85 U-2005-01
Tract 16
Mildred I. Miller, Revocable Trust and Mildred I. Miller
TEMPORARY EASEMENT
A tract of land in the South half of the Northwest Quarter of Section 31,
Township 14 South, Range 2 West of the 6th P.M., in Saline County, Kansas and
described as follows:
Commencing at the Southwest corner of said Quarter Section, thence on an
assumed bearing of N 00 ° 11'45 E, along the west line of said Quarter Section, a distance
307.77 feet;
Thence S 89°48' 15" E a distance of 60.00 feet to the point of beginning;
Thence N 00 ° 11'45" E, parallel with and 60.00 feet perpendicular distance to
said west line, a distance of 35.00 feet;
Thence S 89 ° 48'15" E a distance of 7.02 feet;
Thence S 00 ° 11'45" W a distance of 35.00 feet;
Thence N 89 ° 48'15" W a distance of 7.02 feet to the point of beginning.
Said tract contains 245.7 square feet, more or less.
Exhibit D
RIGHT-OF-WAY DEED
THIS INDENTURE, made this _ day of October, 2007 by and among DOROTHY E.
WILLIFORD, and BILL R. WILLIFORD, wife and husband, (collectively, 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 legally described on
the attached and incorporated Exhibit A and depicted 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.
Dorothy E. Williford
Bill R. Williford
Exhibit E
STATE OF NEW MEXICO, COUNTY, ss:
This instrument was subscribed, sworn to, and acknowledged before me on October
2007, by Dorothy E. Williford.
Notary Public
STATE OF NEW MEXICO, COUNTY, ss:
This instrument was subscribed, sworn to, and acknowledged before me on October
2007, by Bill R. Williford.
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
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TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this _ day of October, 2007, DOROTHY E.
WILLIFORD, and BILL R. WILLIFORD, wife and husband, (collectively, the "Grantor"); and
the CITY OF SALINA, KANSAS, a municipal corporation, (the "City"):
WITNESSETH: The Grantor, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, and convey unto
the City, temporary construction easements in, through, over, and across a certain portion of land
owned by the Grantor, as legally described and depicted on the attached and incorporated Exhibit
A (the "Temporary Easements"), for all rights of ingress and egress of the City, its employees,
contractors, and franchisees, for the purpose of matching grade between project improvements
and improvements such as driveways and sidewalks, for a term of two (2) year commencing with
the date of this indenture.
IN WITNESS WHEREOF, the Grantor has signed this Temporary Construction
Easement this _ day of October, 2007.
Dorothy E. Williford
Bill R. Williford
Exhibit F
STATE OF NEW MEXICO, COUNTY, ss:
This instrument was subscribed, sworn to, and acknowledged before me on October
2007, by Dorothy E. Williford.
Notary Public
STATE OF NEW MEXICO, COUNTY, ss:
This instrument was subscribed, sworn to, and acknowledged before me on October
2007, by Bill R. Williford.
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
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