ROW/Temporary Construction Easement
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AGREEMENT
TIlls Agreement is made this ~Aay of October, 2007 by and between LAKEVIEW
ESTATES, INe (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 certain right-of-way and a temporary construction easement affecting
certain land owned by the Owner, referred to as Tract 14 for purposes of this Agreement.
R The City has caused the right-of-way and temporary construction easement to be
acquired to be valued and has agreed upon a purchase price with the Owner,
e It is the desire of the Owner to convey the right-of-way and temporary
construction easements 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-Wav, 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. Description of Temporary Easement. The temporary construction easements to be
conveyed by the Owner to the City shall be as depicted and legally described on the attached and
incorporated Exhibits C and D (Temporary Easement").
3. Compensation. The City agrees to compensate the Owner for the Right-of-Way
and Temporary easement as follows:
(a) The City agrees to construct a 3 lane street entrance with a five foot median into
Tract No. 14 (the "Entrance"), the location of which shall be determined in the City's process for
replatting Tract 14 as a subdivision of the City of Salina. The parties specifically agree as
follows:
1. The City will construct the Entrance based upon an engineering design
provided by the Owner at the Owner's expense and approved by the
City;
ii. The total width of the Entrance will not exceed 49 feet as measured
from back-of-curb to back-of-curb;
111. The Entrance will terminate at the eastern boundary of the newly
established South Ohio right-of-way (the "Right-of-Way");
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iv. The City will provide the concrete for the surface of the Entrance, the
curb and the gutter for the Entrance, and the curb and gutter
surrounding the island to the extent the island is constructed in the
Right-of-Way;
v. Any drainage from the Entrance shall be the City's responsibility while
any drainage from the connecting street improvements constructed to
the east from the eastern boundary of the newly acquired right-of-way
shall be the Owner's responsibility;
VI. All dirt work, drainage features, median treatments, and aesthetic
features will be the responsibility of the Owner.
VII. The City will not begin construction on the entrance until dedication of
the proposed street and right-of-way into Tract No. 14 is complete.
Vl11. Any deviations or modifications from the terms of this subparagraph
are subject to the written approval of the City Engineer prior to final
replatting and commencement of construction on Tract No. 14.
(b) The City agrees to pay the Owner upon closing the total sum of Four Thousand
Two Hundred Ninety Dollars ($4,290) for the Right-of-Way and Temporary Easement consisting
of the following:
I.
Right-of-Way
$3,290
ii.
4,037.5 Square Foot Temporary Easement
500
111.
4,796.1 Square Foot Temporary Easement
500
Total Monetary Compensation
$4,290
( c) The City acknowledges that the Owner has expressed concern that the South Ohio
Improvement Project will result in storm drainage into the body of water owned by Owner and
commonly known as the "Knox Sand Pit." As partial consideration for the granting of the Right-
of-Way, the City acknowledges that, to the extent the South Ohio Improvement Project results in
any additional storm drainage into the Knox Sand Pit, that storm drainage will not exceed the
storm drainage detention and temporary storage capacity acquired by the City pursuant to the
1999 Permanent Easement for detention and temporary storage of storm drainage granted by
Owner's predecessor in title. Consequently, the City agrees that, regardless of any additional
storm drainage into the Knox Sand Pit that may result from the South Ohio Improvement Project,
liny such additional storm drainage shall not adversely impact any calculation of the remaining
storm drainage detention and temporary storage capacity of the Knox Sand Pit as it relates to the
Owner's replatting and development of Lakeview Estates Addition as currently platted by Saline
County.
Those elements of compensation outlined in subparagraphs (a) and (c) above shall remain in
effect beyond Closing.
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4. Documents. The Owner agrees that the Right-of-Way shall 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 E to this Agreement. The Owner agrees that the Temporary Easement
shall be conveyed to the City by the Owner's execution and delivery to the City of a Temporary
Easement document identical to the copy attached as Exhibit F to this Agreement. The Right-of-
Way Deed and the Temporary Easement document shall be recorded by the City with the office
of the Saline County Register of Deeds, at the expense of the City.
5. Term of Possession. The Temporary Easement shall be effective for a term
commencmg upon the date of the Temporary Easement document and ending two years
thereafter.
6. Covenant of Title. The Owner covenants that it is the lawful owner of the real
estate affected by the Right-of-Way and Temporary Easement.
7. Partial Mortga~e or Other Lien Release. In those cases where the Owner's
property is subject to mortgage or other liens or encumbrances, the Owner shall at closing deliver
to the City a duly executed and acknowledged partial mortgage release or release of lien,
releasing that portion of the real estate to which the Right-of-Way relates from any mortgage or
other lien encumbrance. Any partial mortgage release or other lien release documents shall be
recorded by the City with the office of the Saline County Register of Deeds, at the expense of the
City.
8.
Owner shall:
Closing. Closing shall take place on or before October 19, 2007. At closing the
a.
deliver to the City the fully executed and acknowledged Right-of-Way
Deed and Temporary Easement documents, and
b.
provide the City with any other necessary information such as the Owner's
current mailing address and tax identification number,
9. Assignment. The Owner's rights under this Agreement are assignable only with the
written consent of City, which consent shall not be unreasonably withheld.
10. Bindin~ 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.
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IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year
first above written.
"Owner"
LAKEVIEW ESTATES, INC.
By:
CITY OF SALINA, KANSAS
By
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South Ohio Street
Project No: 85 U-2005-0 1
Tract 14
Lakeview Estates, Inc.
RIGHT OF WAY
A tract ofland in the South half of the North half of Section 31, Township 14
South, Range 2 West of the 6th P.M., in Saline County, Kansas and described as follows:
The East 10.00 feet of the West 60.00 feet of said South halfofthe North half, EXCEPT
the North 382.00 feet of the South 442.00 feet thereof.
Said tract contains 9,394.2 square feet, more or less.
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Exhibit A
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TRACT NO. 14
OWNER: Lakeview Estates, Inc.
AREA: 9.394.2 Sq. Ft.
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The accompanying plat does not
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WIISOItI
&COMPANY
1700 E. Iron
Salina, KS 67401
785-827-0433
Exhibit B
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EASEMENT ACQUISITION
ChVNER: Lakeview Estates Inc.
SALINA. KS 67401
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LEGAL DESCRIPTION: P.D.B, Exhibit C_
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sY2 NY2. Less Tract
Sec. 31 T/4S R2'N
P.D.B.
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SEE PAGE 2 OF 2
'This does not constitute 0
~e~al survey. drawing is for
PAGE I OF 2
South Ohio Street
Project No: 85 V-2005-0 I
Tract 14
Lakeview Estates, Inc.
TEMPORARY EASEMENTS
A tract ofland in the South half of the North half 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 West Quarter corner of said Section 31, thence on an assumed
bearing ofN 89054 '34" E, along the south line of the Northwest Quarter of said Section
31, a distance of 60.00 feet to the point of beginning, said point being on the east 60 feet
right of way of Ohio Street;
Thence N 00011 '45" E, along said right of way line, a distance of 60.00 feet;
Thence S 81"25'04" E a distance of85.92 feet;
Thence S 00011'45" W a distance of35.00 feet;
Thence S 81051 '02" W a distance of85.91 feet to the point of beginning.
Said tract contains 4,037.5 square feet, more or less.
AND
A tract ofland in the South half of the North half 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 South Half;
Thence on an assumed bearing ofN 00011 '45" E, along the west line of said
South Half, a distance of 442.00 feet;
Thence N 89054'34" E a distance of 60.00 feet to the point ofbegtnning;
Thence N 00011'45" E, parallel with and 60.00 feet perpendicular distance to the
west line of said South Half, a distance of 729.78 feet;
Thence N 89031'40" E, a distance of 10.00 feet;
ThenceS 00011'45" W, parallel with and 70.00 feet perpendicular distance from
the west line of said South Half, a distance of 229.43 feet;
Thence S 01 "20'26" W distance of 500.57 feet to the point of beginning.
Said tract contains 4,796.1 square feet, more or less.
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Exhib~ t"Jl"
RIGHT-OF-WAY DEED
TillS INDENTURE, made this _ day of October, 2007, by and between LAKEVIEW
ESTATES, INC. (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.
LAKEVIEW ESTATES, INC.
By
Stanley C. Byquist, President
STATE OF KANSAS, SALINE COUNTY, ss:
This instrument was subscribed, sworn to, and acknowledged before me on October --' 2007, by
Stanley C. Byquist, President of Lake view Estates, Inc.
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437 e( a)( 13)]
Exhibit E
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this _ day of October, 2007, by and between LAKEVIEW
ESTATES, INC., (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, a temporary construction easement in, through, over, and across a certain portion ofland
owned by the Grantor, as depicted and legally described on the attached and incorporated
Exhibits A and B (the "Temporary Easement"), 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.
LAKEVIEW ESTATES, INC.
By
Stanley C. Byquist, President
STATE OF KANSAS, SALINE COUNTY, ss:
This instrument was subscribed, sworn to, and acknowledged before me on October _,
2007, by Stanley C. Byquist, President of Lakeview Estates, Inc.
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-l437e(a)(13)]
Exhibit F