South Ninth Improvement Project Agreement
AGREEMENT
This Agreement is made thi~~ay of April, 2009, by and between QUAIL MEADOW
ESTATES, INC., (the "Owner"), and the CITY OF SALINA, KANSAS, a municipal
corporation, (the "City").
RECITALS
A. The City, in conjunction with the South Ninth 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 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 (the "Temporary Easement").
2. Compensation. The City agrees to pay the Owner upon closing the total sum of
Five Hundred Dollars ($500) 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 B 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 April 30, 2009. 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 (2) 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"
QUAIL MEADOW ESTATES, INC.
By. i~ Bt~ -g'16~
President
Tax ill No. '10 - t /.f;..:;)' C; 07
CITY OF SALINA, KANSAS
By ~v~
on A. Gage, City Mager
-2-
~
/2 EASEMENT ACQUISITION
CNlNER: Quail MBdCNfS Estates, Inc.
SALINA, KS 67401
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Lot I Block 2 I ~I
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Qual! MeadCNfs Commercial Addition ~I
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___-Exist. R/1L________ 4>~
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20.8~ P.O.B.
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--- South Line-..2LSection 36, T/4S,R3W ___ V See. 36. T/4S. R3W
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I Scale: 1*=50'
LEGAL DESCRIPTION: "This does not constitute a EXHIBIT
legal surve:y, drawing is for PAG I ~
SEE PAGE 2 OF 2 informational purposes only. *
LEGAL DESCRIPTIONS FOR TEMPORARY EASEMENTS:
QUAIL MEADOWS ESTATES, INC.
A TRACT OF LAND LOCATED IN LOT ONE, BLOCK TWO, QUAIL MEADOWS
COMMERlCAL ADDITION TO THE CITY OF SALINA, KANSAS, DESCRIBED AS .
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT SAID ONE,
THENCE ON AN ASSUMED BEARING OF N 89049'33" W, ALONG THE SOUTH
LINE OF SAID LOT ONE, A DISTANCE OF 20.89 FEET;
THENCE N 38016'10" E, A DISTANCE OF 38.12 FEET TO A POINT ON THE EAST
LINE OF SAID LOT ONE;
THENCE S 05010'35" W, ALONG THE EAST LINE OF SAID LOT ONE, A
DISTANCE OF 30.11 FEET TO THE POINT OF BEGINNING.
SAID TRACT OF LAND CONTAINS 313.30 SQUARE FEET, MORE OR LESS.
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EXHIBIT
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