Pt Lot 17, Block 11
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AGREEMENT
This Agreement is made this 27 day of June, 2007, by and between DERRIC LADON
THOMPSON (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.
8. 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
Five Hundred Thirty Dollars ($530.00) 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.
Owner shall:
Closing. Closing shall take place on or before July , 2007. At closing the
a.
deliver to the City the fully executed and acknowledged Temporary
Easement document, and
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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.
"Owner"
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Derric LaDon Thompson
CITY OF SALINA, KANSAS
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EASEMENT ACQUISITION
OWNER: Derric Landon Thompson
SALINA KS 67401
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SEE PAGE 2 OF 2
'This does not constitute a
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Exhibit A
LEGAL DESCRIPTION:
PAGE I OF 2
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South Ohio Street
Project No: 85 U-2005-01
Tract 10
Derric Landon Thompson
TEMPORARY EASEMENT
A tract of land in the South 72 feet of Lot 17, Block 11, Bonnie Ridge Addition to the
City of Salina, Saline County, Kansas and described as follows:
Beginning at the southeast comer of said Lot 17;
Thence westerly along the south line of said Lot 17, on an assumed bearing ofN
89030'44" W, a distance of 10.00 feet;
Thence N 10043'56" W, a distance of35.09 feet;
Thence N 08012'26" E, a distance of38.63 feet to a point the north line of said south 72
feet of Lot 17;
Thence S 89028'33" E, along said north line, a distance of 12.00 feet to the northeast
comer of said south 72 feet of Lot 17;
Thence S 00046' 11" W along the east line of said Lot 17, a distance of 72 feet, more or
less, to the POINT OF BEGiNNING.
Said tract contains 10 19.7 square feet, more or less,
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Exhibit B
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this 27th day of June, 2007, by and between DERRIC
LADON THOMPSON, (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 27th day of June, 2007.
Derric LaDon Thompson
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this 27th day of June, 2007, before me, the undersigned,
a notary public in and for the county and state aforesaid, came Derric LaDon Thompson, 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 on behalf of the corporation.
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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,r"''';''''< REBECCA SEEMAN
,'-:!,~..",..e.~~'/lEGISTER OF DEEDS SALINE COUNTY KANSAS
('~~';':;'.':"?j Book: 1160 PllgB: 1167
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\....." .,,...-.. Receipt #: ....538 eN Recording F... .2000
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DII t e Recorded: 10/9/2007 1:03 :16 PM
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
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Book: 1160 Page :1168
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this 27th day of June, 2007, by and between DERRIC
LADON THOMPSON, (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 27th day of June, 2007. I
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Derric LaDon Thompson
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this 27th day of June, 2007, before me, the undersigned,
a notary public in and for the county and state aforesaid, came Derric LaDon Thompson, 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 on behalf ofthe corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name ,and affixed my official
seal the day and year last above written.
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A. GERALDINE F. HALL Notary Public
... No!lIry Public. 51.1. 01 K.n...
MAt. E Ira. Ju 23,2010
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EASEMENT ACQUISITIO~ook: 1160 Page: 1169
OWNER: Derric Landon Thompson
SALINA KS 67401
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Scale: /'-50'
SEE PAGE 2 OF 2
'This does not constitute a
legal survey. drawing is for
informational purposes only.'
PAGE I OF 2
LEGAL DESCRIPTION:
Exhibit A
BOOk: 1160 Page: 1170
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South Ohio Street
Project No: 85 V-2005-01
Tract 10
Derric Landon Thompson
TEMPORARY EASEMENT
A tract ofland in the South 72 feet of Lot 17, Block 11, Bonnie Ridge Addition to the
City of Salina, Saline County, Kansas and described as follows:
Beginning at the southeast corner of said Lot 17;
Thence westerly along the south line of said Lot 17, on an assumed bearing ofN
89030'44" W, a distance oflO.OO feet;
Thence N 10043'56" W, a distance of35.09 feet;
Thence N 08012'26" E, a distance of 38.63 feet to a point the north line of said south 72
feet of Lot 17;
Thence S 89028'33" E, along said north line, a distance of 12.00 feet to the northeast
corner of said south 72 feet of Lot 17;
Thence S 00046'11" W along the east line of said Lot 17, a distance of 72 feet, more or
less, to the POINT OF BEGJNNING.
Said tract contains 1019.7 square feet, more or less;
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Exhibit B