Temporary Construction Easement
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AGREEMENT
This Agreement is made this J.{)~ay of June, 2007, by and between LARRY J.
HURLBUT and FRANCES J. HURLBUT, 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 Broadway and Hageman Avenue
Improvement Project, wishes to acquire from the Owner a temporary construction easement
affecting a certain portion ofland 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 Exhibit A and B (the "Temporary Easement").
2. Compensation. The City agrees to pay the Owner upon closing the total sum of
One Thousand Seventy-five Dollars ($1,075.00) 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 July 9,2007. At closing the Owner
shall:
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.
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Frances J. Hurlbuf I
CITY OF SALINA, KANSAS
Byfl~ tJA~~_
J on A. Gage, City Manager
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Owner: LARRY J. HURLBUT and FRANCES J. HURLBUT
Broadway Boulevard/Hageman Avenue Intersection
Project # 85 U-2109-01
TEMPORARY EASEMENT
LEGAL DESCRIPTION
A tract ofland in part of Lot 5 and Lot 6, Plat 2, Lamer's Subdivision, to the City of
Salina, Saline County, Kansas, described as follows:
Beginning at the intersection of North line of the South 115.0 feet of said Lot 6 and the
Southwesterly right of way line of Broadway Boulevard;
Thence on an assumed bearing ofN 40039'05" W, along said Southwesterly right of way
line, a distance of 50.61 to the Southwest corner of a tract described in Deed Book 358,
Page 747, Saline County Register of Deeds Office, Salina, Kansas;
Thence N 89048 '16" W, along the South line of said tract described is said Deed Book
358, a distance of6.61 feet;
Thence S 40039'05" E a distance of 50.61 feet to a point on the North line of said South
115.0 feet of said Lot 6;
Thence S 89048'16" E, along said North line of said South 115.0 feet, a distance of6.61
feet to the point of beginning.
Said Temporary Easement contains 253.04 square feet, more or less.
Page 2 of2
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Exhibit A
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EASEMENT ACQUISITION
OWNER: Lorry J. Hurlbut and Frances J. Hurlbut
SALINA. KS 67401
Cloud st. Sec. Line
- --NORTH LINE OF NORTHrAST QUARTER OF SECT/ON 26. T/4S. RJW
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Tract in S 42' of Lot 5 & I
N JJ' of Lot 6
Plot 2, Lamers Subdivision I
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LEGAL DESCRIPTION:
SEE PAGE 2 OF 2
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Exhibit B
"This does not constitute 0
legal survey. drawing is for
informational purposes only.'
PAGE I OF 2
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this _ day of June, 2007, by and between LARRY J.
HURLBUT and FRANCES J. HURLBUT, 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 ofland
owned by the Grantor, as legally described and depicted on the attached and incorporated Exhibit
A (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.
Larry J. Hurlbut
Frances J. Hurlbut
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 Larry J. Hurlbut and Frances J.
Hurlbut, 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
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TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this~day of June, 2007, by and between LARRY J.
HURLBUT and FRANCES J. HURLBUT, 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 legally described and depicted on the attached and incorporated Exhibit
A (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 ofthis indenture.
IN WITNESS WHEREOF, the Grantor has signed this Temporary Construction
Easement this 2.~.JJ... day of June, 2007.
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Frances J. Hurlbut (J
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STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on thi~-dday of June, 2007, before me, the undersigned, a
notary public in and for the county and state aforesaid, came Larry J. Hurlbut and Frances J.
Hurlbut, 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.
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'::~E F. HALL
. 8~('tt8 ofKansllG
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Notary Public
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, /"";;"'" REBECCA SEEMAN 'j
<~~.~..........~t::fEGISTER OF DEEDS SALINE COUNTY KANSAS
(~(":;'.'~' "\ Book: 1161 Page: 799
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'1' ...........".../ i Receipt : 11858 N Recor'ding F..: U6.00
l\ll~ 4 ~, ~~. PDg.. Recorded: 3 C ".. .. ~ . .
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Date Recorded: 1012'112007 B:23:58 AM,
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Book: 11~1 Page: 800
Owner: LARRY J. HURLBUT and FRANCES J. HURLBUT
Broadway Boulevard/Hageman Avenue Intersection
Project # 85 U-2109-01
TEMPORARY EASEMENT
LEGAL DESCRIPTION
A tract ofland in part of Lot 5 and Lot 6, Plat 2, Lamer's Subdivision, to the City of
Salina, Saline County, Kansas, described as follows:
Beginning at the intersection of North line of the South 115.0 feet of said Lot 6 and the
Southwesterly right of way line of Broadway Boulevard;
Thence on an assumed bearing ofN 40039'05" W, along said Southwesterly right of way
line, a distance of 50.61 to the Southwest comer of a tract described in Deed Book 358,
Page 747, Saline County Register of Deeds Office, Salina, Kansas;
Thence N 89048'16" W, along the South line of said tract described is said Deed Book
358, a distance of6.61 feet;
Thence S 40039'05" E a distance of 50.61 feet to a point on the North line of said South
115.0 feet of said Lot 6;
Thence S 89048'16" E, along said North line of said South 115.0 feet, a distance of6.61
feet to the point of beginning.
Said Temporary Easement contains 253.04 square feet, more or less.
Page 2 of2
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Exhibit A
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EASEMENT ACQUIS[TIOQook~ 11~1 PaQe~ 801
OWNER: Lorry J. Hurlbut and Frances J. Hurlbut
SALINA. KS 67401
Cloud St. Sec. Line
- ----NcJRTH LINE OF NORTHfAST QUARTER OF SECT/ON 26. T/4S. R3W
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fP' LEGAL DESCRIPTION:
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informational purposes only.'
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Exhibit B
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