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Pt Lots 12 and 13, Block 11 .- .,,/ , 1 AGREEMENT This Agreement is made this 21 S~ay of August, 2007, by and between JOSHUA RICE (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. 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. 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 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. Nonassignable. The Owner's rights under this Agreement shall not be assigned without the prior written consent of the City. 8. Bindinl;( 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" . tjbh IJ Joshua Rice. CITY OF SALINA, KANSAS By ~ c?:::1/ Jas n A. Gage, City Mana r -2- ~5 EASEMENT ACQUISITION SALINA. KS. 6740) I i I I i I II II ) L_L_-1J P.O.B. 13.0CY 'I -1~:15' ~ --.J- a ... -;::: ::..... lC)'- '" I "-~~ LJa:<o: ~ 8 olSCn& -: I ")-" "J ~<;)o: T/E - I I ~31 ~ r---- I 2.0CY / I I ... ! I I~---~ I II~ Ie, ll~ /n__.. I ~ I---~il~ I I ~ ~ ~ <;) s Q! ~ h to ") ~ h ~ lJ.. a CD Cl:: .~ .lJ.J --.J h g Cl:: tI) :; a h tI) ~ &l ~ ~ --.J tIi l:5 I I I I I I I I I I I I I I I I I I I --11~ Scale: 1'~5CY . Exhibit A SEE PAGE 2 OF 2 'This does not constitute a legal survey, drawing is for informational purposes only.' PAGE IOF 2 LEGAL DESCRIPTION: . South Ohio Street Project No: 85 U-2005-01 Tract 5 TEMPORARY EASEMENT A tract of land in the East 75 feet of Lots 12 and 13, less the south 39 feet thereof, l;!lock 11, Bonnie Ridge Addition to the City of Salina, Saline County, Kansas and described as follows: Beginning at the northeast comer of said Lot 12; Thence southerly along the east line of said Lots 12 and 13, on an assumed bearing ofS 00046'11" W, a distance of 121.0 feet to a point on the north line of the south 39 feet of said Lot 13; Thence N 89028'33" W, along said north line, a distance of2.00 feet; Thence N 03029'38" W, a distance of53.81 feet; Thence N 00046' 11" E, a distance of 55.00 feet; Thence N 28052'57" W, a distance ofI4.15 feet to a point on the north line of said Lot 12; Thence S 89028'33" E, along said north line, a distance of 13.00 feet to the POINT OF . BEGlNNING. Said tract contains 661.8 square feet, more or less. ,'.........,' ~~ E.. ROt/"" ~~'C ..s.i... 't"~;;" ~ti- ..~\ fi?.. .5"\ i -,.,_"<,"0;1' ~. ~ ; i'<-G-I1-oy 0\ l . : . ~ i. LS-902 :. : . \ . ~ '\ .. .. . , .' ",.... '"'''1''''' .. l Exhibit B . TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this _ day of ,2007, by and between JOSHUA RICE (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 , 2007. Joshua Rice 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 Joshua Rice, 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 - ,. ;:..- .. .~ ,.-----~- /:.....~..~"~'''\; REBECCA SEEMAN 1;,,>,;';':;';.;~~~EGISTER OF DEEDS SALINE COUNTY KANSAS 1:(.....:.'):) . Book: 1160 Page: 1198 \. ......rf ,,/../ Receipt -: ...1538 N . l'I,~~";j','~~" Pag.. Recorded: 1 /! Rlcordlng F..: '20.00 ,....- v ~4~ Date Recorded: 10/912007 1:03:2"1 PM '\ I Grantor Grantee Type of Document Recordinq Fees Mtg Reg Tax Total Amount Return Address Temporary Construction Easement $20.00 $0.00 $20.00 CLARK MIZE & LINVILLE CHARTERED WILL PICK UP ~ Book: 1160 Page: 1199 ", TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made thi~tst'day o/), _......L ,2007, by and between JOSHUA RICE (the "Grantor"), and the CITY OF SAL;;;~S, 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 Easement thi~ ,st day Of~s.C- , 2007. has signed this Temporary Construction v(. STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on thi~,o:t;jay o~st- ,2007, before me, the undersigned, a notary public in and for the county and state aD esald, came Joshua Rice, 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 ,oill iliO:'~::~:~~~"= JL ~ (J I~ - NoI.IryPubHc.SllIl.oIK.n... Notary Public A . E lrel 23, 2010 ? . , h~ ....J EASEMENT ACQUISITION Book: SAW/A, KS 67407 i I I II I I . II ) L_L_-1J P.O.B. I I I - r~ --:15' ..... ~ . I ~::::~ a lC) .", 0 f'....~"t:J LJa:<>: 12 8 I oll~.g, C\i ~1IiQ: T/E - "h. CI)~~ -JQ)<: I ~-Jc2 ~ . ~ ~ . I LJ. rj ~~--- I 2.00' / I ~ I . ... ; I ~ j-----~ ~ I II~ ~ 10 lI) II") ::0; I I .... 1-- . .. . r ~ I---~-II~ I I LEGAL DESCRIPTION: SEE PAGE 2 OF 2 ~ ~ o' ~ iii ~ Q! ~ h ~ ") 15 h fj \I) ~ Q) 0:: .0;:: .ltJ -J 6::~ :; a I I I I I I I I I I I I I I I I / I I "This does not constitute 0 legal survey. drawing is for informational purposes only.' 1160 Page: 1200 -llf- Scale: 1'-50' . Exhibit A PAGE I OF 2 Book: 1160 Page: 1201 ~, ...... South Ohio Street Project No: 85 U-2005-01 Tract 5 TEMPORARY EASEMENT A tract ofland in the East 75 feet of Lots 12 and 13, less the south 39 feet thereof, ~lock 11, Bonnie Ridge Addition to the City of Salina, Saline County, Kansas and described as follows: Beginning at the northeast comer of said Lot 12; Thence southerly along the east line of said Lots 12 and 13, on an assumed bearing of S 00046'11" W, a distance of121.0 feet to a point on the north line of the south 39 feet of said Lot 13; Thence N 89028'33" W, along said north line, a distance of2.00 feet; Thence N 03029'38" W, a distance of53.81 feet; Thence N 00046'11" E, a distance of55.00 feet; Thence N 28052'57" W, a distance of14.15 feet to a point on the north line of said Lot 12; Thence S 89028'33" E,along said north line, a distance of 13.00 feet to the POINT OF BEGlNNlNG. Said tract contains 661.8 square feet, more or less. ~'''ttN''" ,~~ E. ROt/fIlII ~.... ~ ..s...... :t~~.,,, ~ ~ ..t)\ T t~... ~"\ F..4, :/_ ~ .. ~ ! /<t:G-11-oy 0\ \ i: LS-902 : : i \ . \, .. ... . " ..,.... ....u."",. l () 'AO/ '?--" . C1Lv!,~-r~ ~ Ww, pteJ{ up . Exhibit B