Pt Lot 15 & 16, Block 11AGREEMENT
This Agreement is made this -,?o day of August, 2007, by and between JOHN R.
WESTHUSIN (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 temporary construction easement affecting a certain portion of land
owned by the Owner.
B. The City has caused the temporary construction easement to be acquired to be
valued and has negotiated a purchase price with the Owner.
C. It is the desire of the Owner to convey the 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:
1. Description of Temporary Easement. The temporary construction easement 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 "Temporary Easement").
2. Compensation. The City agrees to pay the Owner upon closing the total sum of
Five Hundred Dollars ($500.00) for the Temporary Easement.
3. Documents. 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 C to this Agreement. 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.
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4. Term of Possession. The Temporary Easement shall be effective for a term
commencing upon the date of the Temporary Easement document 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 Temporary Easement.
6. Closine. Closing shall take place on or before September , 2007. At closing
the Owner shall:
a. deliver to the City the fully executed and acknowledged Temporary
Easement document, 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 (3) above.
7. Nonassim able. 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.
"Owner"
�GGzd —
ohn R. Westhusin
CITY OF SALINA, KANSAS
By (2J ezcr
J9 on A. Gage, City Manager
-2-
EASEMENT ACQUISITION
OWNER: John R. Westhusin
SALINA, KS 6740/
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6.00'
P. 0. B.
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LEGAL DESCRIPTION:
SEE PAGE 2 OF 2
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This does not constitute a
legal survey, drawing is for
informational purposes only.'
Scale: l'-50'
Exhibit A
PAGE 1 OF 2
South Ohio Street
Project No: 85U-2005-01
Tract 8
John R. Westhusin .
TEMPORARY EASEMENT
A tract of land in the North 17 feet of Lot 16, and the South 55 feet of Lot 15, Block 11,
Bonnie Ridge Addition to the City of Salina, Saline County, Kansas and described as follows:
Beginning at the southeast corner of said North 17 feet of Lot 16;
Thence westerly along the south line of said North 17 feet of Lot 16, on an assumed
bearing of N 89°28'33" W, a distance of 6.00 feet;
Thence N 03°56'55" E, a distance of 72.13 feet to a point the north line of said south 55
feet of Lot 15;
Thence S 89°28'33" E, along said north line, a distance of 2.00 feet to the northeast
comer of said south 55 feet of Lot 15; .
Thence S 00'46'11 " W along the east line of said Lots 16 and 15, a distance of 72.00 feet
to the POINT OF BEGINNING.
Said tract contains 288.0 square feet, more or less.
5_ i5-dL
L.S - 92
Exhibit B
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this _ day of , 2007, by and between JOHN R.
WESTHUSIN (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 of land
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 2007.
John R. W esthusin
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this day of , 2007, before me, the
undersigned, a notary public in and for the county and state aforesaid, came John R. Westhusin,
who is personally known to me to be the same person 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
Exhibit C
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• ' a oREBECCA SEEMAN
"-••""••,�"�7EGISTER OF DEEDS SALINE COUNTY KANSAS
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Book: 1160 Page: 1159
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Rece
Pages Racord,d3B /� . / Recording Fee: 120.00
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Date Recorded: 10/9/2007 1:0314 PM
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Grantor
Grantee
Type of Document
Temporary Construction Easement
Recordinq Fees
$20.00
Mtg Reg Tax
$0.00
Total Amount
$20.00
Return Address
CLARK MIZE & LINVILLE CHARTERED
WILL PICK UP
Book: 1160 Page: 1160
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this:R { 4ayoY, 2007, by and between JOHN R.
WESTHUSIN (the "Grantor"), and the CITY OF SA NA, 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 of land
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_?,,�r day of �, 2007.
ohn R. Westhusin
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this 3c*oay of A , 2007, before me, the
undersigned, a notary public in and for the county and state aforesaid, came John R. Westhusin,
who is personally known to me to be the same person 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.
pn,-�Z7�
(�
Notary Public
FPATRICIAJ. PILLARD
Notary Public- state of Kansas
My Appl. Expires Jan. 31, 2010
EASEMENT ACQUISITION
U , OWNER: John R. Westhusin Book; 1160 Page: 1161
SALINA, KS 6790/
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6.00'
1 P.O.B.
LEGAL DESCRIPTION:
SEE PAGE 2 OF 2
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This does not constitute a
legal survey, drawing is for
informational purposes only.'
Scale: "-SY
Exhibit A
PAGE I OF 2
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6.00'
1 P.O.B.
LEGAL DESCRIPTION:
SEE PAGE 2 OF 2
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This does not constitute a
legal survey, drawing is for
informational purposes only.'
Scale: "-SY
Exhibit A
PAGE I OF 2
Book: 1160 Page: 1162
South Ohio Street -
Project No: 85 U-2005-01
Tract 8
John R. Westhusin .
TEMPORARY EASEMENT
A tract of land in the North 17 feet of Lot 16, and the South 55 feet of Lot 15, Block 11,
Bonnie Ridge Addition to the City of Salina, Saline County, Kansas and described as follows:
Beginning at the southeast comer of said North 17 feet of Lot 16;
Thence westerly along the south line of said North 17 feet of Lot 16, on an assumed
bearing of N 89°28'33" W, a distance of 6.00 feet;
Thence N 03°56'55" E, a distance of 72.13 feet to a point the north line of said south 55
feet of Lot 15;
Thence S 89028'33" E, along said north line, a distance of 2.00.feet to the northeast
corner of said south 55 feet of Lot 15;
Thence S 00'46'11 " W along the east line of said Lots 16 and 15, a distance of 72.00 feet
to the POINT OF BEGINNING.
Said tract contains 288.0 square feet, more or less.
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LS - 902
DO, cak Y-tU (�Q2,
Exhibit B