Temporary Construction EasementAGREEMENT
This Agreement is made this 2b day of N 200f by and between WELLS
FARGO BANK, N.A. (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 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 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
commencing 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 YU 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 (2) above.
7. Nonassignable. The Owner's rights under this Agreement shall not be assigned
without the prior written consent of the City.
8. Bindin 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"
WELLS FARGO BANK, N.A.
CITY OF SALINA, KANSAS
By
la,91n A. Gage, City Manager
-2-
TEMPORARY CONSTRUCTION EASEMENT
.fir t%brud'ey
THIS INDENTURE, made this Zb day of Plevember, 20(x/, by and between WELLS
FARGO BANK, N.A, (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, temporary construction easements 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 Easements'), 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) years
commencing with the date of this indenture.
IN WITNESS WHEREOF, the Grantor has signed this Temporary Construction
Easement this 764'3ay of �, 200
Y
WELLS FARGO BANK N.A.
! / A
rger
IOWA POLK
STATE OF YmkP1 , WA;XE COUNTY, s
*nMbcr �
Thi instnunegt was subs c�}'bed, sworn to, and acknowledged before me on Amer
W 200�byJ,,j ��/N.1511 of Wells Fargo Bank, N.A., REO Operations Manager.
Notary 11' ublic
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
LYNN R DEMARAY
c Commission Number 721
z My Commission Ezpird �
rover September 30, 2009 bit C
EASEMENT ACQUISITION
OWNER: Jon Davis
SALINA. KS 6740/
Cloud St._ Sec. Line
NORTN LINE OF /JOR iiEAST QUARTER OF SECTION 26, TI4S, R3W
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l3.28' P,0,B.� o
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E Sof of N of
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Lot 5 Plot 2, nb, \�'•
Lofr i% Subdivision
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LEGAL DESCRIPTION:
SEE PAGE 2 OF 2
'This does not constitute a
legal survey, drowing is for
informational purposes only.,
Exhibit A
PAGE I OF 2
Owner: JON P. DAVIS
Broadway Boulevard/Hageman Avenue Intersection
Project# 85 U-2109-01
TEMPORARY EASEMENT
LEGAL DESCRIPTION
A tract of land located in the East Ninety -Six (96) Feet of the North Ninety -Eight (98)
Feet of Lot Five (5), Plat Three (3), Lamer's Second Subdivision to the City of Salina,
Saline County, Kansas described as follows:
Beginning at the Northeast comet of said North Ninety -Eight (98) Feet of said Lot
Five(5), said.point being 17.00 feet perpendicular distance west of the centerline of
H4geman Avenue;
Thence on an assumed bearing of S 00°10'47" E, along the East line of said Lot Five (5),
said line being 17.00 feet perpendicular distance west from andparallel with the
centerline of Hageman Avenue, a distance of 15.48.feet;
Thence N 40039'21" W a distance of 20.46 feet to &:point on theNorth line of said Lot
Five (5);
Thence S. 89048,16" E, along said North line, a distance of 13.28 feet to the point of
beginning.
Said Temporary Easement. contains 102:76. square: feet, more or less.
Page 2 of 2 Exhibit B
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FM: WELLS FARGO HONE MORTGAGE
ORIGIH:
RITASTEELE
DSM
1 HOME CAMPUS
DES MOINES, I A 50328
Sender's ref.
UNITED STATES Phone: 515-324-4723
37826
To: ED
POSTCODE:1
CAREDBMIZE NISQNLE,CHARTER
129 S 8TH ST
67401
I SALINA, NS 67101
L UNITED STATES
TEL: 785-823-63251
5Time
a:sa
Description:
Weight: Letter
Date: 2008-02-26
DHL standard terms and conditions apply.
SLN 6M
11111111111
COH
(2L)US67401
WAYBILL: 26075807052
(Non -Negotiable)
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REBECCA SEEMAN
00",PEGISTER OF DEEDS SALINE COUNTY KANSAS
^'='` Book: 1168 Page: 506
•.+ I Recei t e: 17233
°°} Pees Recorded: 3 Recording Fu: 116,00
Date Recorded: 3/3/2008 3:30:10 PM
I
TEMPORARY CONSTRUCTION EASEMENT
-t:cb=y g
THIS INDENTURE, made this 2-6 day of Neve 20(h/, by and between WELLS
FARGO BANK, N.A, (the "Grantor', and the CITY OF SALINA, KANSAS, a municipal
corporation (the "City'l.
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, temporary construction easements 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 Easements"), 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) years
commencing with the date of this indenture.
IN WITNESS WHEREOF, the Grantor has signed this Temporary Construction
Easement this 2b ay of Nevember, 2001
Fe-�wY
WELLS FARG�OA BANK N.A.
REO Operations Manager
IOWA POLK
STATE OF N4rW&AS, SAIF COUNTY, s
�ei�i'/,�GCVI�y
Thi instrumegt was sub� }'bed, sworn to, and acknowledged before me on Pier
P 20;by JDJ LE717G1 of Wells Fargo Bank, N.A. REO Operations Manager.
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13))
LYNN R OEMARAY
Commission Number 72it4 bit C
a .. Bch
My Commission E:
awe ISeptember 30, 2009
Book: 1168 Page: 507
EASEMENT ACQUISITION
OWNER: Jon Davis
SALINA, KS 6740/
Cloud St. _ Sec. Line
NORTH, LINE OF IVOR NEAST QUARTER OF SECTION 26, TI4S,
0
\ W Z IW
J3.28' P.O.B.
6 A
E 96' of N 98 of
Lat 5 Plot 2,
Lamers Subdivision I \ \
r I o Qz
a
Scale: l "=100'
LEGAL DESCRIPTION: 'This does not constitute a Exbibit A
legal survey, drawing is for
SEE PAGE 2 OF 2 informational purposes only.' PAGE I OF 2
���
Book: 1168 Page: 508
Owner: JON P. DAVIS
Broadway Boulevard/Hageman Avenue Intersection
Project 85 U-2109-01
TEMPORARY EASEMENT
LEGAL DESCRIPTION
A tract of land located in the East Ninety -Six (96) Feet of the North Ninety. -Eight (98)
Feet of Lot Five (5),.Plat Three (3), Lamer's Second Subdivision to the City of Salina,
Saline County, Kansas described as follows:
Beginning at the Northeast corner of said North Ninety -Eight (98) Feet of said Lot
Five(5), said point being 17.00 feet perpendicular distance west of the centerline of
Hageman Avenue;
Thencennan assumed bearing of S 00°10'47" E, along the East of said Lot Five (5),
said line being 17.00 feet perpendicular distance west from and parallel with the
centerline of Hageman Avenue, a distance of 15.48.feet;
Thence N 40°39'21" W a distance of 20.46 feet to apoint on the North line of said Lot
Five (5);
Thence S 89049,16" E, along said North line, a distance of 13.?8 feet to the point of
beginning.
Said Temporary Easement.eontains 102.76 square feet, more or less.
Ux. \ & J A �Sr-�,! �) n
Ra 3-63 as -
Page 2 of 2
Exhibit B