Pt Lots 14 and 15, Block 12AGREEMENT
This Agreement is made thisQ)Sdbay of June, 2007, by and between JAMES WINN and
CAROL C. WINN, 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 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.
4. Tenn 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. Closing. Closing shall take place on or before July , 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. Nonassi iig able. The Owner's rights under this Agreement shall not be assigned
without the prior written consent of the City.
8. BindingEffect. ffect. 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"
mes Winn
Carol C. Winn
CITY OF SALINA, KANSAS
By
Ja n A. Gage, City anager
-2-
EASEMENT ACQUISITION
OWNER: James & Carol C. Winn
SALINA, KS 6740/
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Exhibit A
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LEGAL DESCRIPTION-
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'This does not constitute a
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SEE PAGE 2
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informational purposes only.'
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Exhibit A
PAGE I OF 2
South Ohio Street
Project No: 85 U-2005-01
Tract 3
James & Carol C. Winn
TEMPORARY EASEMENT
A tract of land in the East 75 feet of Lots 15 and 14, less the south 40 feet thereof, Block 12,
Bonnie Ridge Addition to the City of Salina, Saline County, Kansas and described as follows:
Beginning at the southeast corner the north 40 feet of said Lot 15;
Thence westerly along the south line of said north 40 feet of Lot 15, on an assumed bearing
of N 89°36'28" W, a distance of 13.00 feet;
Thence N 00°46' 11" E, a distance of 34.29 feet;
Thence S 89°14'40" E, a distance of 13.00 feet to a point on the east line of said Lot 15;
Thence S 00'46'11 " W along said east line a distance of 34.20 feet to the POINT OF
BEGINNING.
Said tract contains 445.2 square feet, more or less.
AND ALSO,
A tract of land in the East 75 feet of Lots 15 and 14, less the south 40 feet thereof, Block 12,
Bonnie Ridge Addition to the City of Salina, Saline County, Kansas and described as follows:
Beginning at the northeast corner of said Lot 14;
Thence westerly along the north line of said Lot 14, on an assumed bearing of N 89°36'28"
W, a distance of 13.00 feet;
Thence S 46'l 6' 14" E, a distance of 17.76 feet to a point on the east line of said Lot 14;
Thence N 00046'11" E along said east line a distance of 12.19 feet to the POINT OF
BEGINNING.
Said tract contains 79.2 square feet, more or less.
Exhibit B
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this day of , 2007, by and between JAMES
WINN and CAROL C. WINN, husband and wife (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.
James Winn
Carol C. Winn
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 James Winn and
Carol C. Winn, husband and wife, who are personally known to me to be the same persons 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
REBECCA SEEMAN
/`+b-�,`i;."'REGISTER OF DEEDS SALINE COUNTY KANSAS
Book: 1160 Page: 1363
a„'•:°°°pB:' 1 Receipt •: 115B2^, Recording Fee: $20.00
Page@ Recorded: 1 C/t�,�
,..,.
Date Recorded: 10/10/2007 2:58:14 PM
Grantor
Grantee
3
Type of Document Temporary Construction Easement
Recording Fees 20.0
Mtg Reg Tax $0.00
Total Amount
Return Address CLARK MIZE & LINVILLE CHARTERED
CALL GREG BENGTSON
823-6325
Book: 1160 Page: 1364
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made thisRPOl lay of �, 2007, by and between JAMES
WINN and CAROL C. WINN, husband and wife (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 casement 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 thivV 60'day of o.�i._...i_ , 2007.
(James Winn
Carol C. Winn
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on thit&klay of 2007, before me, the
undersigned, a notary public in and for the county and state aforesaid, came James Winn and
Carol C. Winn, husband and wife, who are personally known to me to be the same persons 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.
GERALDI E FN .. HALL
Nobly Pubic-StNsoiKam"
. E tray 23 2010
�. & t -e4,. -L ��,
Notary Public
EASEMENT
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James & Carol C. Winn � 0 k � 116 Page: 1365
SAL/NA,KS 67401
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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 i OF 2
P.O.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 i OF 2
Book: 1160 Page: 1366
South Ohio Street
Project No: 85 U-2005-01
Tract 3
James & Carol C. Winn
TEMPORARY EASEMENT
A tract of land in the East 75 feet of Lots 15 and 14, less the south 40 feet thereof, Block 12,
Bonnie Ridge Addition to the City of Salina, Saline County, Kansas and described as follows:
Beginning at the southeast corner the north 40 feet of said Lot 15;
Thence westerly along the south line of said north 40 feet of Lot 15, on an assumed bearing
of N 89036'28" W, a distance of 13.00 feet;
Thence N 00046'11" E, a distance of 34.29 feet;
Thence S 89014'40" E, a distance of 13.00 feet to a point on the east line of said Lot 15;
Thence S 00046'l 1 " W along said east line a distance of 34.20 feet to the POINT OF
BEGINNING.
Said tract contains 445.2 square feet, more or less.
AND ALSO,
A tract of land in the East 75 feet of Lots 15 and 14, less the south 40 feet thereof, Block 12,
Bonnie Ridge Addition to the City of Salina, Saline County, Kansas and described as follows:
Beginning at the northeast comer of said Lot 14;
Thence westerly along the north line of said Lot 14, on an assumed bearing of N 89°36'28"
W, a distance of 13.00 feet;
Thence S 46°16'l 4" E, a distance of 17.76 feet to a point on the east line of said Lot 14;
Thence N 00°46' 11" E along said east line a distance of 12.19 feet to the POINT OF
BEGINNING.
Said tract contains 79.2 square feet, more or less.
Exhibit B