Temporary Construction Easement
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AGREEMENT
This Agreement is made this~ day of June, 2007, by and between DONNA B.
LEFORT, TRUSTEE OF THE DONNA B. LEFORT TRUST (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:
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 Exhibit 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 July 1, 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. 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"
THE DONNA B. LEFORT TRUST
Byfd?)/l'(.M"'<- j} ~~~
Donna B. Lefort, Trustee
CITY OF SALINA, KANSAS
By ~~e
~n Gage, City anager
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EASEMENT ACQUISITION
OWNER: Delbert H. Lefort & Donna B. Lefort Trusts
SAUNA. KS 67401
Cloud st. Sec. Line
NORTH LINE OF NORTHrAST OUARTER OF SECT/ON 26. T/4S, RJW
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LEGAL DESCRIPTION:
SEE PAGE 2 OF 2
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Scale: 1'-100'
Exhibit A
PAGE I OF 2
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Owner: DELBERT H. LEFORT and DONNA B. LEFORT
Broadway Boulevard/Hageman Avenue Intersection
Project # 85 U-2109-01
. TEMPORARY EASEMENT
LEGAL DESCRIPTION
A tract ofland located in Lot 5, Plat 2, Lamer's Subdivision to the City of Salina, Saline
County, Kansas, more particularly described as follows:
Commencing at the intersection of the Southwesterly right of way line of Broadway
Boulevard and the North line of the South 115 feet of Lot 6, Plat 2 in said Lamer's
Subdivision, thence on an assumed bearing ofN 40039'05" W, along said Southwesterly
right of way line a distance of 50.61 feet to the point of beginning, said point being the
Southeast comer of a tract ofland described in Deed Book 358, Page 747, Saline County,
Kansas Register of Deeds Office;
Thence continuing N 40039'05' W, along said Southwesterly right of way line, a distance
of 48.12 feet to the Northeast comer of said Tract described in said Deed book 358;
Thence S 28035'05" E a distance of23.92 feet;
. Thence S 40039'05" E a distance of 20.41 feet to the South line of said tract described in
said Deed Book 358;
Thence S 89048'16" E, along said south line a distance of6.61 feet to the point of
beginning.
Said Temporary Easement contains 171.31 square feet, more or less.
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Exhibit B
Page 2 of2
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TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this day of June, 2007, by and between DONNA B.
LEFORT, TRUSTEE OF THE DONNA B. LEFORT TRUST (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 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.
THE DONNA B. LEFORT TRUST
Donna B. Lefort, Trustee
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, carne Donna B. Lefort, Trustee of The
Donna B. Lefort Trust, 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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TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made thi&oU" day of June, 2007, by and between DONNA R
LEFORT, TRUSTEE OF THE DONNA R LEFORT TRUST (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 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
Easementthis 'lN~ day of June, 2007.
THE DONNA R LEFORT TRUST
QUA/Ad! g ~/ot #-
Donna B. Lefort, Trustee V
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on thi~day of June, 2007, before me, the undersigned, a
notary public in and for the county and state aforesaid, came Donna R Lefort, Trustee of The
Donna R Lefort Trust, 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.
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Notary Public
a. GERALDINE F. HALL
- Notlry Publl.. Stall of Kin...
A l Ex 1m J 23, 2010
/,.,";-"" REBECCA SEEMAN
f,~,~"""'~.~;'IlEGISTER OF DEEDS SALINE COUNTY KANSAS ,
(:~';'.':..'~,\?\ Book: 1161 Page: 802 '
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1.'1\7 ~";j','~ ~ Pagee Recorded: 3 eN /J , _ _ _ ~ '
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Date Recorded: 10124\12007 8:23:59 AM
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Book~ 1161 PaQe~ 803
Owner: DELBERT H. LEFORT and DONNA B. LEFORT
Broadway Boulevard/Hageman Avenue Intersection
Project # 85 U-2109-01
TEMPORARY EASEMENT
LEGAL DESCRIPTION
A tract ofland located in Lot 5, Plat 2, Lamer's Subdivision to the City of Salina, Saline
County, Kansas, more particularly described as follows:
Commencing at the intersection of the Southwesterly right of way line of Broadway
Boulevard and the North line of the South 115 feet of Lot 6, Plat 2 in said Lamer's
Subdivision, thence on an assumed bearing ofN 40039'05" W, along said Southwesterly
right of way line a distance of 50.61 feet to the point of beginning, said point being the
Southeast corner ofa tract ofland described in Deed Book 358, Page 747, Saline County,
Kansas Register of Deeds Office;
Thence continuing N 40039'05' W, along said Southwesterly right of way line, a distance
of 48.12 feet to the Northeast corner of said Tract described in said Deed book 358;
Thence S 28035'05" E a distance of23.92 feet;
Thence S 40039'05" E a distance of 20.41 feet to the South line of said tract described in
said Deed Book 358;
Thence S 89048'16" E, along said south line a distance of6.61 feet to the point of
beginning.
Said Temporary Easement contains 171.31 square feet, more or less.
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Page 2 of2
Exhibit A
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EASEMENT ACQUISITIOrBook: llE,l Page: 804
OWNER: Delbert H. Lefort & Donna B. Lefort Trusts
SALINA. KS 67401
Cloud St. Sec. Line
~ --NORTH LINE OF NORTHfAST QUARTER OF SECT/ON 26. T/4S. R3W
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LEGAL DESCRIPTION:
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Scale: 1'-100'
Exhibit B
PAGE I OF 2