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Easement Agreement AGREEMENT This Agreement is made this 28th day of March, 2012, by and between EAGLECREST, L.L.C., a Nebraska Limited Liability Company (the "Owner"), and the CITY OF SALINA, KANSAS, a municipal corporation, (the "City"). RECITALS A. The City, in conjunction with the East Magnolia Road Improvement Project (the "Project"), wishes to acquire from the Owner certain temporary construction easements affecting certain portions of land owned by the Owner. B. It is the desire of the Owner to convey the temporary construction easements 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. Temporary Easements Required for East Magnolia Road Project. The temporary construction easements to be conveyed by the Owner to the City for purposes of construction of public improvements to East Magnolia Road shall be as depicted and legally described on Exhibits A-1 and A-2 attached hereto and incorporated herein (the "Magnolia Temporary Easements"). 2. Temporary Easement for Construction of New Permanent Driveway. Project plans initially anticipated the construction of a temporary drive to Owner's facility from Eaglecrest Drive. Cost estimates determined that the cost of construction and post-project removal of a temporary drive were approximately the same as the cost of installation of a permanent drive. Consequently, the City agrees to construct a permanent drive on Owner's property for ingress and.egress from Eaglecrest Avenue as depicted on Exhibit B attached hereto and incorporated herein (the "Eaglecrest Avenue Permanent Driveway"). The temporary construction easement to be conveyed by the Owner to the City for purposes of the City constructing the Eaglecrest Avenue Permanent Driveway on Owner's property shall be as depicted and legally described on Exhibits B-1 and B-2 attached hereto and incorporated herein (the "Driveway Temporary Easement;" and together with the Magnolia Temporary Easements, the "Temporary Easements"). 3. Landscaping and Irrigation — East Magnolia Entrance. The City agrees to pay Owner the sum of'$8,713.00 for replacement of landscaping and the existing irrigation system that must be removed from the existing East Magnolia Entrance to Owner's facility in order to construct the Project. The Owner agrees to replace the landscaping and existing irrigation no later than the end of the first fall planting season following completion of the Project and consistently with the work specified for purposes of the estimates upon which the City's compensation to the Owner was based. The Owner shall be fully responsible for completion of the work necessary to replace the landscaping and irrigation system. 4. Landscaping and Irrigation — Eaglecrest Avenue Permanent Driveway Entrance.. The parties acknowledge that Owner is obligated to complete certain landscaping and irrigation improvements relating to the completed Eaglecrest Avenue entrance to Owner's facility. The Owner agrees to install the landscaping and irrigation no later than the end of the first fall planting season following completion of the Eaglecrest Avenue Permanent Driveway Entrance and consistently with final development plan for the Eaglecrest Retirement Community approved by the Salina Planning Commission on September 3, 2002 or any alternate planting plan approved by the Zoning Administrator and City Forester. 5. Compensation. The City agrees to pay the Owner upon closing the total sum of $9,850.00 for the Temporary Easements consisting of the following: a. Magnolia Temporary Easements $ 570.00 (2,848 sq. ft.) b. Driveway Temporary Easement $ 567.00 (2,835 sq. ft.) c. Damages to remaining property $ 8,713.00 (East Magnolia entrance landscaping and irrigation) Total Compensation $ 9,850.00 6. Documents. The Owner agrees that the Temporary Easements shall be conveyed to the City by the Owner's execution and delivery to the City of two Temporary Easement documents identical to the copy attached as Exhibit C to this Agreement. The Temporary Easement documents shall be recorded by the City with the office of the Saline County Register of Deeds, at the expense of the City. 7. Term of Possession. The Temporary Easements shall be effective for a term commencing upon the date of the Temporary Easement documents and ending December 31, 2013; provided, however, that from January 1, 2014 through December 31, 2014, the City's employees or contractors shall have the right to perform maintenance, repair, or landscape work on the Project. 8. Access. The City will not restrictiblock access to and from Owner's facility by using the Magnolia Temporary Easements or by blocking off East Magnolia Road until after the Permanent Drive has been built. 9. Covenant of Title. The Owner covenants that it is the lawful owner of the real estate affected by the Temporary Easements. 10. Closin . Closing shall take place on or before March 28, 2012. At closing the Owner shall: -2- a. deliver to the City the fully executed and acknowledged Temporary Easement documents, 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. 11. Assignment. The Owner's rights under this Agreement shall not be assigned without the prior written consent of the City, except that the City hereby consents to the assignment of Owner's rights under the Agreement to Eaglecrest Real Estate, LLC, a Kansas limited liability company ("Eaglecrest Real Estate") upon the sale of the real estate affected by the Temporary Easements by the Owner to Eaglecrest Real Estate. 12. 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. EAGLECREST, L.L.C. A Nebraska Limited Liability Company By: z--� fan Thayer, Manyhing Member CITY OF SALINA, KANSAS By a Jason A. Gage, City Man er -3- EXHIBIT A - 1 Legend Temporary Easement 84.60' /-//-///ZZZZZZZ' City Limits N00°21'25 ri 87.03' Area S14 040'23"E Point of Temporary Be innin #/ nt 2,848 Sq. Ft. g g Exist. Drainage Esmt. Easeme 2/.52' # S88°54'30"W W Temporary Easement l \ o I Area: 910 Sq. Ft. on c I Exist. Drainage Esmt. Exist. R/W co :Z-- \-I-- Exist. Utility Easement L I Tract 9 \ v� Eoglecrest. LLC �r- /50/ E. Magnolia Rd. \ -�z Golden Eagle Estates Addition No. 3 TA Lot /. Block l \ L 32.02' S37 034'05"W Point of 60.00' Beginning #2 t S88 054'30"W 1 95.001, Temporary Easement #2 N88 044'03"E o Area: 1,938 Sq. Ft. 1 I 29./5" 1 Q N32 003'20"W C_ J O 1 J O � C � Q O 1 Exist. R/W 50' 1 c Ico ° I Exist. Utility Easement T Scale: l" _ l00' The accompanying plat does not constitute a boundary survey. 1700E. AVENUE OWNER: Eaglecrest, LLC SHEET 1 OF SA v,r UNA,,KS KS 67401 (785}827-0433 &COMPANY (785)-827-5949 FAX PROPERTY ADDRESS: 1501 E. Magnolia Rd. CITY OF SAUNA, KANSAS PROJECT:1010040100 January 16,2012 KDOT PROJ.#85 U-2301-01 EXHIBIT A- 2 TRACT: 9 OWNER: Eaglecrest, LLC PROPERTY ADDRESS: 1501 E. Magnolia Rd. Temporary Easement 0l Description: A strip of land located in Lot 1, Block 1, Golden Eagle Estates No. 3, a replat of Block 1, Lots l through l/, Golden Eagle Estates Addition No. 2, to the City of Salina, Saline County, Kansas, and being more particularly described as follows: Beginning at the Southwest corner of said Lot 1, Thence on an assumed bearing of N00°21'25"W, along the West line of said Lot /, a distance of 84.60 feet; Thence S/4°40'23"E a distance of 87.03 feet to a point on the South line of said Lot l; Thence S88 054'30"W, along said South lot line, a distance of 21.52 feet to the point of beginning. Easement contains: 910 square feet, more or less Temporary Easement *2 Description: A strip of land located in Lot 1, Block 1, Golden Eagle Estates No. 3, a replat of Block 1, Lots l through Golden Eagle Estates Addition No. 2, to the City of Salina, Saline County, Kansas, and being more particularly described as follows: Commencing at the Southwest corner of said Lot l Thence on an assumed bearing of N88 054130"E, along the South line of said Lot 1, a distance of 416.52 feet to the point of beginning; °oetttateisereee`, Thence continuing N88°44'03"E, along said South lot line, G distance of 95.00 feet; ,*' >•���E�$FO° Thence N32 003120"W a distance of 29.15 feet; Thence S88 054130"W a distance of 60.00 feet; a - 353 y Thence S37°34"05'W a distance of 32.02 feet to the ►'��'� ° point of beginning. p#e YJ c sfl7�`V L. Easement contains: 1,938 square feet, more or less IMISCM 1700 E.IRON AVENUE OWNER: Eaglecrest, LLC SHEET 2 OF 2 SALINA,KS 67401 FAX CITY OF SALINA, KANSAS PROJECT:1010040100&COMPANY (785R27-5949 January 18,2012 PROPERTY ADDRESS: 1501 E. Magnolia Rd. KoOT PROS.#ss u-2301-01 Exhibit B BRIG .. - 7 Ld w EAGLECREST DRIVE SECTION 9'a Jmaivao A r7ow&w E 14P9MOR 15 1 r I,nyp.J r rte . � to 7&5U N!TC[1U/.699p E X948.7259 EAGLECREST DRIVE JOINTING PLAN 1 N1 2°34'13"W EXHIBIT B-1 k\ //-- .,E 1 22.4 tn cc �\ ,\\ ,,g8 , q�,2►re\�e� ,,\ ,` Point of Begin ing n S�Z•3413 F X11 N � Tract 9 °\ Eaglecrest, LLC �1 ) 1501 E. Magnolia Road U Lot 1, Block 1, Golden Eagle N Estates Addition No. 3 6' d W 1 i i S83.23'38"W 23.32 I � 0 00 L1 Right—of—Way 03 Co Line vt Irn Point of Commencement Northeast Corner of Lot 1, Block 1, Golden Eagle Estates Addition No. 3 East Line of Lot 1 CITY OF SALINA, 300 W ASH, SALINA, KANSAS PUBLIC WORKS — ENGINEERING — UTILITIES 0 10 20 30 40 Temporary Easement Tract 9, Eaglecrest, LLC SCALE: 1 = 20' vaa nu B^- s Er, 85 U-2301-01 Mor 2012 1 2 �`-Magndb P^.w Eoq«.eaOn9 B: p i EXHIBIT B-2 Tract 9 Temporary Easement Owner: Eaglecrest, LLC Address: 1501 East Magnolia Road Description: A tract of land in Lot 1, Block 1, of Golden Eagle Estates Addition No. 3, to the City of Salina, Saline County, Kansas and more particularly described as follows: Commencing at the Northeast corner of said Lot 1; Thence on an assumed bearing of South 88' 58' 09" West on the North line of said Lot 1, a distance of 176.96 feet; Thence South 83' 23' 38" West, a distance of 23.32 feet to the No nth line of said Lot 1; Thence South 77' 49' 06" West on the North line of said Lot 1, a distance of 226.26 feet to the Point of Beginning; Thence South 12' 34' 13" East, a distance of 52.41 feet; Thence South 88' 25' 07" West, a distance of 71.31 feet; Thence North 12' 34' 13" West, a distance of 11.74 feet; Thence North 58' 59' 41" East, a distance of 15.81 feet; Thence North 12' 34' 13" West, a distance of 22.45 feet to the North line of said Lot 1; Thence North 77' 49' 06" East, a distance of 55.00 feet to the Point of Beginning. Said Tract contains 2835 square feet more or less. I I I I CITY OF SALINA, 300 W ASH, SALINA, KANSAS PUBLIC WORKS — ENGINEERING — UTILITIES Temporary Easement Troct 9, Eoglecrest, LLC oaa No: o�rE: sxEEr: 85 U-2301-01 Mar 2012 2-.2 '1LEry WE:uegndb Onb Eagec.niay eT Iln EXHIBIT C TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this day of , 2012, by and between EAGLECREST, L.L.C., a Nebraska Limited Liability Company(the "Grantor") and the CITY OF SALINA, KANSAS, a municipal corporation(the "City"): WITNESSETH: That the Grantor, for good and valuable consideration, does hereby convey unto the City, three (3) temporary construction easements in, through, over, and across a certain portion of land owned by the Grantor, as legally described and as depicted on Exhibits A- 1, A-2, B-1 and B-2) attached hereto and incorporated herein (the "Temporary Construction Easements") for all rights of ingress and egress of the City, its employees, contractors, and franchisees, for the purposes of constructing, grading, improving, reconstructing and inspecting the East Magnolia Improvements, City Project No. 10-2808 (the "Project") in the manner called for in the Project plans. TERM: The Temporary Construction Easements shall each be for a term of two (2) years commencing January 1, 2012 and ending December 31, 2013; provided, however, that from January 1, 2014 through December 31, 2014, the City's employees or contractors shall have the right to perform maintenance, repair, or landscape work on the Project. RESTORATION: After completion of construction, the City shall restore the area of the Temporary Construction Easements by seeding or paving as set out in the Project plans and specifications. Grantor acknowledges that grading within the Temporary Construction Easements may result in a permanent grade change. OWNERSHIP: Grantor covenants that Grantor owns the real estate upon which the Temporary Construction Easements are located and has the right, title and capacity to grant the easements herein conveyed. BINDING EFFECT: The Temporary Construction Easements are binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the Grantor and the City and shall run with the land. It is understood that this instrument cannot be changed or altered other than in writing, signed by both Grantor and the City. IN WITNESS WHEREOF, the Grantor has caused this Temporary Construction Easement to be executed the day and year first above written. EAGLECREST, L.L.C. A Nebraska Limited Liability Company By: Jan Thayer, Managing Member ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT CITY OF SALINA, KANSAS By: Jason A. Gage, City Manager ATTEST: Lieu Ann Elsey, CMC, City Clerk ACKNOWLEDGEMENTS STATE OF , COUNTY OF , ss: This instrument was acknowledged before me on _, 2012 by Jan Thayer as Managing Member of Eaglecrest, L.L.C. My appointment expires: Notary Public STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on _, 2012, by Jason A. Gage as City Manager and Lieu Ann Elsey as City Clerk for the City of Salina, Kansas. My appointment expires: Notary Public [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- CLARK, MIZE & LINVILLE CHARTERED PETER L.PETERSON ATTORNEYS AT LAW C.L.CLARK(1908-2004) JOHN W.MIZE JAMES P.MIZE(1910-1988) GREG A.BENGTSON 129 S.EIGHTH,P.O.BOX 380 MICKEY W.MOSIER SALINA,KANSAS 67402-0380 PAULA J.WRIGHT TELEPHONE: (785)823-6325 ERIC N.ANDERSON FAX:(785)823-1868 DUSTIN J.DENNING MICHAEL P.ALLEY 128 N.MAIN AUBREY G.LINVILLE PETER S.JOHNSTON LINDSBORG,KANSAS 67456 L.O.BENGTSON JARED T.WATT TELEPHONE: (785)227-2010 RETIRED JOSHUA C.HOWARD AARON 0.MARTIN www.cml-law.com April 11, 2012 Hand Delivered Lieu Ann Elsey, CMC, City Clerk City of Salina P.O. Box 736 Salina, KS 67402-0736 Re: East Magnolia Improvement Project Eaglecrest, LLC Tract 9 Dear Lieu Ann: Enclosed is the original Signed Agreement for the above-referenced matter. You have already recorded the necessary documents with the Register of Deeds. Thank you. Very truly yours, CLARK,MIZE&LINVILLE,CHARTERED Terri Burroughs Legal Assistant to Greg A. Bengtson gabengtson@cml-law.com Enclosure cc: John T. Amrein, President, The Land Company Real Estate Services, Inc. Kent Johnson, P.E.