NW4-NW4-6-T15S-R2W
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AGREEMENT
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This Agreement is made this ~ay of ':fmte, 12007, by and between JAMES R.
CAYWOOD (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 otlice of the Saline County Register of Deeds, at
the expense ofthe 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 ofthe 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.
CITY OF SALINA, KANSAS
ByG~~. (j. ~/
Ja n A. Gage, City Mager
-2-
21
EASEMENT ACQUISITION
OWNER: James R. Caywood
SAUNA, KS 67401
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LEGAL DESCRIPTION:
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'This does not constitute a
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Tract in MY'!4 MY '!4
Sec. 6 T/5S Rm
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Scale: 1'~50'
Exhibit A
PAGE I OF 2
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South Ohio Street
Project No: 85 V-200S-01
Tract 21
James R. Caywood
TEMPORARY EASEMENT
A tract ofland in the Northwest Quarter of the Northwest Quarter of Section 6, Township
15 South, Range 2 West of the 6th P.M., in Saline County, Kansas and described as follows::
Commencing at a point on the west line, 155.85 feet south ofthe northwest comer of said
Northwest Quarter of the Northwest Quarter, said west line having an assumed bearing of S
00049'37" W
Thence S 89010'23" E, a distance of 65.00 feet to a point on the existing easterly Ohio
Street right of way line, said point being the Point of Beginning;
Thence S 04042'05" W along said easterly right of way line, a distance of 257.34 feet;
Thence S 89010'23" E, a distance of 4.39 feet;
Thence N 05030'01" E, a distance of257.75 feet to a point on the southerly Schilling
Road right of way line;
Thence S 89047'40" W along southerly right of way line, a distance of 8.00 feet to the
POINT OF BEGlNNlNG.
Said tract contains 1589.3 square feet, more or less.
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Exhibit B
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TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this _ day of ,2007, by and between JAMES
R. CAYWOOD, (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.
James R. Caywood
STATE OF CALIFORNIA,
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 R. Caywood,
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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"~""~~""; REBECCA SEEMAN
Z~~...........<. ::fEGISTER OF DEEDS SALINE COUNTY KANSAS
(::'::;',':",:i . Book: 1160 Page: 1206
" uo ./ R,c'lpt .. 11538 R .
\11~ >l'It'ii'~'~1 Pag.. R.~ord.d: 1 ('! "I '~~,dln~ F'~b '20.00
................. \"./11' fW.JttJn....Ja>~
Date Recorded: 10/9/2007 1:03:26 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: 1207
"-"-;
TEMPORARY CONSTRUCTION EASEMENT
.'
THIS INDENTURE, made this il day of rll/LY , 2007,by and between JAMES
K CAYWOOD, (the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation
(the "City''}-
: :':..i.-,
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,
Easement this R day of ,::[(j;:/
,
the Grantor has signed this Temporary Construction
,2007,
STATE OF CALIFORNIA, ~ COUNTY, ss:
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BE IT REMEMBERED, that on this [l day of . , 2007, before me, the
undersigned, a notary public in and for the county and state afores id, came James R. Caywood,
who is personally known to me to be the same person who executed the above and foregoing
instrument ofwritihg and duly acknowledged the execution of the same.
IN WITNESS WHEREOF, I have hereunto subscrihed my name and affixed my official
seal the day and year last above written.
E. S. NORFLEET l:
COMM. # 1603464
NOTARY PU6l1C. CAliFORNIA GlO
SAN DIEGO COUNTY
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Notary P~blic
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ACUUI2>IIIUN
Book: 1160 Page: 1208
OvVNER: James R. Caywood
SAUNA. KS 67401
Sec. Line
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'This does not constitute a
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informational purposes only.'
Exhibit A
PAGE I OF 2
Book: 1160 Page: 1209
.'
South Ohio Street
Project No: 85 U-2005-01
Tract 21
James R. Caywood
TEMPORARY EASEMENT
A tract ofland in the Northwest Quarter of the Northwest Quarter of Section 6, Township
15 South, Range 2 West of the 6th P.M., in Saline County, Kansas and described as follows:
Commencing at a point on the west line, 155.85 feet south ofthe northwest comer of said
Northwest Quarter of the Northwest Quarter, said west line having an assumed bearing of S
00049'37" W
Thence S 89010'23" E, a distance of65.00 feet to a point on the existing easterly Ohio
Street right of way line, said point being the Point of Beginning;
Thence S 04042'05" W along said easterly right of way line, a distance of257.34 feet;
Thence S 89010'23" E, a distance of 4.39 feet;
Thence N 05030'01" E, a distance of257.75 feet to a point on the southerly Schilling
Road right of way line;
Thence S 89047'40"W along southerly right of way line, a distance of8.00 feet to the
POINT OF BEGINNING.
Said tract contains 1589.3 square feet, more or less.
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Exhibit B