Pt Lots 15 and 16, Block 12
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AGREEMENT
This Agreement is made this 1.1May of June, 2007, by and between MARK L. KREBS
and LACY S. KREBS, 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:
I. 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
Six Thousand Seven Hundred Twenty Dollars ($6,720.00) for the Temporary Easement, as
follows:
Total
$ 460.00
4,510.00
1.750.00
$6,720.00
a.
b.
Temporary easement
Fencing
Trees
c.
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. 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.
Owner shall:
Closing. Closing shall take place on or before July Z7;/.., 2007. At closing the
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. 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.
L
ill-
"Owner"
CITY OF SALINA, KANSAS
By 9::~ ~ ~~
Ja n A. Gage, City Mager
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EASEMENT ACQUISITION
CNlNER: Mark L. & Lao; S. Krebs
SALINA. KS67401
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LEGAL DESCRIPTION:
SEE PAGE 2 OF 2
'This does not constitute a
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informational purposes only.'
PAGE I OF 2
Exhibit A
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South Ohio Street
Project No: 85 U-2005-01
Tract 4
Mark 1. & Lacy S. Krebs
TEMPORARY EASEMENT
A tract ofland in the East 75 feet of Lots 16 and 15, less the north 40 feet thereof, J;llock 12,
Bonnie Ridge Addition to the City of Salina, Saline County, Kansas and described as foJlows:
Beginning at the southeast comer of said Lot 16;
Thence westerly along the south line of said Lot 16, on an assumed bearing of N 89028'33"
W, a distance of 13.00 feet;
Thence N 17054'20" E, a distance of23.76 feet;
Thence N 00046'11" E, a distance of 112.26 feet to a point on the north line ofthe south 40
feet of said Lot 15;
Thence S 89036'28" E, along said north line, a distance of 6.00 feet to the northeast comer
of said south 40 feet of Lot 15;
Thence S 00046'11" W along the east line of said Lots IS and 16, a distance of 135 feet,
more or less, to the POINT OF BEGINNING.
Said tract contains 889.0 square feet, more or less.
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Exhibit B
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this ~ day of June, 2007, by and between MARK L.
KREBS and LACY S. KREBS, 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 ofIand
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 June, 2007.
Mark L. Krebs
Lacy S. Krebs
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this _ day of June, 2007, before me, the undersigned, a
notary public in and for the county and state aforesaid, came Mark L. Krebs and Lacy S. Krebs,
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 ofthe 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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/""~""'" REBECCA SEEMAN
; /',~,l""""""e,e.\REGISTER OF DEEDS SALINE COUNTY KANSAS
i(;!';':;','~"?j Book: 1160 Page: 1195
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, 'J' .................. / Receipt : "H538 rJ Recording Fee: f16.00
"11~041'1'''~ PageeRecorded:3 r IJ.,___ _0
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Oate Recorded: 10/9/2007 1:03:23 PM
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this~1~ day of June, 2007, by and between MARK L
KREBS and LACY S, KREBS, 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 ofthe 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~:&n-ay of June, 2007,
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on thi~L.~'(ray of June, 2007, before me, the undersigned, a
notary public in and for the county and state aforesaid, came Mark L Krebs and Lacy S, Krebs,
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,
GERALDINE F. HALL
. Notary Pullllc, State of Kenaea
M A \. lre_ J 231 2010
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Notary Public
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EASEMENT ACOUISITIOi9oo/{: 1160 Page: 1196
OWNER: Mark L. & Lacy S. Krebs
SALINA. KS674fJI
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LEGAL DESCRIPTION:
SEE PAGE 2 OF 2
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Scale: /'-50'
'This does not constitute a
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PAGE I OF 2
Exhibit A
Book: 1160 Page: 1197
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South Ohio Street
Project No: 85 V-2005-01
Tract 4
Mark L. & Lacy S. Krebs
TEMPORARY EASEMENT
A tract ofland in the East 75 feet of Lots 16 and 15, less the north 40 feet thereof, 13lock 12,
Bonnie Ridge Addition to the City of Salina, Saline County, Kansas and described as follows:
Beginning at the southeast corner of said Lot 16;
Thence westerly along the south line of said Lot 16, on an assumed bearing of N 89028'33"
W, a distance of 13.00 feet;
Thence N 17054'20" E, a distance of23.76 feet;
Thence N 00046' II" E, a distance of 112.26 feet to a point on the north line of the south 40
feet of said Lot 15;
Thence S 89036'28" E, along said north line, a distance of 6.00 feet to the northeast comer
of said south 40 feet of Lot 15;
Thence S 00046'11" W along the east line of said Lots 15 and 16, a distance of 135 feet,
more or less, to the POINT OF BEGINNING.
Said tract contains 889.0 square feet, more or less.
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Exhibit B