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Agreement 9th and Cloud Improvement Project, ROW, Sidewalk easment, Construction easment, Compensation AGREEMENT This Agreement is made this 3rd day of December, 2013, by and between SON DANH TRAN and LAN VU, husband and wife, (the "Owner"), and the CITY OF SALINA, KANSAS, a municipal corporation, (the "City.). RECITALS A. The City, in conjunction with the Ninth and Cloud Improvement Project, wishes to acquire from the Owner certain right-of-way, sidewalk easement, and temporary construction easement affecting a certain portion of land owned by the Owner. B. The City has caused the right-of-way, sidewalk easement, and 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 right-of-way, sidewalk easement, and 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 Right-of-Way. The right-of-way to be conveyed by the Owner to the City shall be as depicted and legally described on the attached and incorporated Exhibit A (the "Right-of-Way"). 2. Description of Sidewalk Easement. The sidewalk easement to be conveyed by the Owner to the City shall be as depicted and legally described on the attached and incorporated Exhibits B and C (the "Sidewalk Easement"). 3. Description of Temporary Construction 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 D (the "Temporary Construction Easement"). 4. Compensation. The City agrees to pay the Owner upon closing the total sum of Forty-Four Thousand Eight Hundred Ten Dollars ($44,810.00) for the Right-of-Way, Sidewalk Easement, and Temporary Construction Easement consisting of the following: a. Right-of-Way $ 20,665.00 (642 square feet) b. Sidewalk Easement $ 4,095.00 (502 square feet) c. Sidewalk Easement $ 1,840.00 (220 square feet) d. Temporary Construction Easement $ 1,210.00 (2,001 square feet) e. Damages to Subject Property $ 17,000.00 Total Compensation $ 44,810.00 5. Documents. The Owner agrees that the Right-of-Way shall be conveyed to the City by the Owner's execution and delivery to the City of a Right-of-Way Deed identical to the copy attached as Exhibit E to this Agreement. The Owner agrees that the Sidewalk Easement and Temporary Easement shall be conveyed to the City by the Owner's execution and delivery to the City of Permanent Sidewalk Easement and Temporary Construction Easement documents identical to the copies attached as Exhibits F and G to this Agreement. The Right-of-Way Deed, Permanent Sidewalk Easement, and Temporary Construction Easement documents shall be recorded by the City with the office of the Saline County Register of Deeds, at the expense of the City. 6. Term of Possession. The Temporary Construction Easement shall be for a term of one (1) year commencing May 1, 2014 and ending April 30, 2015; provided, however, that from May 1, 2015 through April 30, 2016, the City's employees or contractors shall have the right to perform maintenance, repairs, or landscape work on the Project. 7. Covenant of Title. The Owner covenants that it is the lawful owner of the real estate affected by the Right-of-Way, Sidewalk Easement, and Temporary Construction Easement. 8. Closing. Closing shall take place on or before December 15, 2013. At closing the Owner shall: a. deliver to the City the fully executed and acknowledged Right-of-Way Deed, Permanent Sidewalk Easement, and Temporary Construction Easement documents, and b. provide the City with a fully executed Form W-9 listing the Owner's current mailing address and taxpayer identification number, at which time the City shall pay Owner the total compensation set forth in paragraph 4 above. 9. Nonassignable. The Owner's rights under this Agreement shall not be assigned without the prior written consent of the City. 10. 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. -2- ..0tIrri Dan; Tran Lan Vu CITY OF SALINA, KANSAS By: �//� ._/- . ason A. Gage, City ager -3- • Exhibit A - Page 1 of 2 Description: A tract of land in Lot 4, Block 3, Evergreen Pork Addition to the City of Salina, Saline County, Kansas and more particularly described as follows: Beginning at the Southeast corner of said Lot 4; thence on on assumed bearing of South 89' 52' 42" West on the south line of said Lot 4, o distance of 24.51 feet; thence North 0' 10' 25" West, a distance of 1915 feet; thence South 89' 52' 47" East, a distance of 5.17 feet; thence North 0' 16' 16" East, a distance of 4.46 feet; thence South 89' 24' 37" East, a distance of 16.55 feet; thence North 0' 35' 23" East, a distance of 43.99 feet to the north line of said Lot 4; thence North 89' 53' 37" East on said north line, a distonce of 2.03 feet to the east line of said Lot 4; thence South 0' 32' 58' West on the east line of said Lot 4, o distance of 67.37 feet to the Point of Beginning. Said Tract contains 642 square feet more or less. 0TY A<SALUtt, JM W ASH, SALVIA, KANSAS PUBLIC 11OWKS- EMYXERWC- UWRES a< 11-2872 I" May 200 X1_1 Exhibit A - Page 2 of 2 • North line of Lot 4 I 'I 2895J37f A 203 I ° 1 i l o ' 1 c 1 O. "n I P I o a 1 v Parcel I Tron i `"' East 80 ft of Lot 4, `` m o II I,\ Block 3, Evergreen °_' :1 z I.Im Pork Addition ° �3 m' :' 3 �8 N076'IE"f m I� i 1 H .c 4.46 / L in y • 5895247£ 11O `*, Budding Overhang 6.17 -� I Budding Face ,yJe -- --_.--- Lam. s?5E974d7"E 16.51 v O1 Tract t ' I ft _ Rmhl o! way 'I 'AI:. 642 squcre_fzel . Existing Cloud Street Right-of-Way 5895242 W 2451 / Point of Beginning Tract 1 - Southeast Corner Lot 4 Legend ---- Right-of-way line N WY cr SAUNA. xn r ASM SALWA. KANSAS Easement line i rusuc WORKS-ENGINEERING- URINES Property line 0 10 20 30 40 Note: All distances are in feel . --- 11-2872 r aayl0u '�'1_, SCALE: 1- = 20' ,w.. _.,s,-�.... In s Exhibit B - Page 1 of 2 Description: A tract of land in Lot 4, Block 3, Evergreen Park Addition to the City of Salina, Saline County, Kansas and more particularly described as follows: Commencing at the Southeast corner of said Lot 4; thence on an assumed bearing South 89' 52' 42" West on the south line of said Lot 4, a distance of 24.51 feet; thence North 0' 10' 25' West, a distance of 72.19 feet to the Point of Beginning; thence North 89' 59' 14" West, a distance of 55.33 feet; thence North 0' 32' 57" East, o distance of 8.83 feet; thence South 89' 31' 32" East, a distance of 54.33 feet; thence North 45' 74' 03" East, a distance of 4.34 feet; thence South 39' 24' 37" East, a distance of 4.00 feet; thence South 0' 16' 16" West, a distance of 4.46 feet; thence North 89' 52' 47" West, o distance of 6.17 feet; thence South 0' 10' 25" East, a distance of 6.96 feet to the Point of Beginning; Said Tract contains 502 square feet more or less. 07Y OF SALINA. 307 W A9/. SALINA KANSAS PUBLIC MONKS- ENGINEERING- unnnEs b611-2872 In May 20/3 "n1-1 'Exhibit B - Page 2 of 2 1 1 1 3 1 a 1 2 rn Parcel 1 Iron u•o .) t 11 lost 80 ft of Lot 4. `` 1 ' 1 Bloch 3, Evergreen c j c i i Park Addition �° j ©3 S ' m 1 I o i 1 . / 1 q N4574'0YE . '4 E 1 y Building Overhang 4.34 A /589244.00 1 I y Buiang Face .589.31"32£ 5933.1 _ v 5076'16"W 1 1 `. (rod i- Sa wolr Edserrerl - _ 4.46 . d 502 squa e f et N8952 47"W 6]7 1 N01.12.57"E 1V895914 W 55 JJ 1 1 8.84 Point of Beginning - lied 3 i 507025"£ N070'25"W-1 6.96 72 i9 L--- --- __ _T___—____-_-_-____ 58352W 14.57/ Existing Cloud Street Right-of- r Point of Commencement - Tract 3 J Southeast corner of Lot 4 ray Legend ---- Right-of-wayline N air OFSALWA7oaWAw. SALWA.KANSAS Easement line PUBLIC NO4YS- E MMONS- Ual/FS Property line 1 0 10 20 30 4.0 Note: All distances are in feel "` n-zen in WI 200 "1_1 SCALE: 1' = 20' .... ...v.e�.,... Jr . r. Exhibit C - Page 1 of 2 Description: A tract of land in Lot 4, Block 3, Evergreen Pork Addition to the City of Salina, Saline County, Kansas and more particularly described as follows: Commencing at the Southeast corner of said Lot 4; thence on on assumed bearing North 0' 32' 58" East on the east line of said Lot 4, a distance of 23.36 feet; thence North 89' 24' 37" West, a distance of 2.06 feet to the Point of Beginning; thence North 89' 24' 37" West, a distance of 5.00 feet; thence North 0' 35' 23" East, o distance of 43.93 feet to the north line of said Lot 4; thence North 89' 53' 37" East on the north line of said Lot 4, a distance of 5.00 feet; thence South 0' 35' 23" West, a distance.of 43.99 feet to the Point of Beginning. Sold Tract contains 220 square feet more or less. off OF SALINA, JW W ASH, SALWA, KANSAS ROM WORKS- ENGINEERING- UALLOE5 11-2872 Ire May 20!J X1_1 I. Exhibit C - Page 2 of 2 , ; P 1 I/i J/ I N8953'37"E �- v 1 v 500 j.;*: l H Gs 0 1v.,":"lp y` v r 11OlLy Parcel t Iran o ^3 h�;t26 h East 80 ft of Lot 4, ° ;1 ° n� "' ` = P Block 3, Evergreen 2 a a ,Pork Addition S 3 m i .R ..I ; Tract 4 Building Overhang ,3 ( 7,71 it of Beginning . ( � Budding face I e i N8924137"W N8974'37"W ^, 206 5.00 ", WI coI I I Z Tract 4 - Point of Commencement Southeast Corner of Lot 4 Existin Cloud Street Ri ht-of-wa 9 9 Y Legend ---- Right-of-way line N GU Of Smva J00 w ASH. suwa KANSAS Easement line PUBLIC KIRKS- EwavEEawc- tames Property line 1 0 10 20 30 40 Note: All distances are in feet ' ~611-2872 r- Aday2013 1_1 SCALE 1• = zo' ,.a.. _.,s.a_I,.. P= • Exhibit D - Page 1 of 2 Description: A tract of land in Lot 4, Block 3, Evergreen Park Addition to the City of Solino, Saline County, Kansas and more particularly described as follows: Commencing at the Southeast corner of said Lot 4; thence on an assumed bearing of South 89' 52' 42" West on the south line of soid Lot 4, a distance of 24.51 feet to the Point of Beginning; thence South 89' 52' 42" West on the south line of said Lot 4, o distance of 5549 feet; thence North 0' 32' 57" East, a distance of 21.15 feet; thence South 89' 31' 32" East, a distance of 54.33 feet; thence North 45' 14' 03" East, a distance of 7.03 feet; thence North 0' 36' 28" East, a distance of 41.85 feet to the north line of said Lot 4; thence North 89' 53' 37" East on the north tine of said Lot 4, o distance of 18.65 feet; thence South 0' 35' 23" West, o distance of 43.99 feet; thence North 89' 24' 37" West, a distance of 16.55 feet; thence South 0' 16' 16" West, a distance of 4.46 feet; thence North 89' 52' 47" West, a distance of 617 feet; thence South 0' 10' 25" East, a distance of 19.15 feet to the Point of Beginning. Said tract contains 2001 square feet more or less. GM'OF SAUNA. JW W ASH. SAUNA, KANSAS PUBLIC MONKS- ENGINEERING - ulitiaES 11-2872 I"v May 200 1_, 1" A' Exhibit D - Page 2 of 2 R 11295337E L865I 1 erc o o` Tt S e c a 3 ------^4'-'4"'"'"'-`...-1:,'„ o `0 i Z Parcel 1 Iron o ,`0.s I°i nxi,' 0 L East BO ft of Lot 4, a iJ 'a d Bs o cr. Q Black 3• Evergreen ° _-.a •.a, j`^ _ U Pork Addition a r•o P .2 E! am a5 I L.,cn st V;I N45'i4'03 f -c- .01 Building Overhang 703 ,1 1 -_— _ 5893172E 54 33_ Building Foce J - 118974 J7"W 16..s. 6 s3 5076'16°W acv+ Troc72 Tempcvay 4.46 -- r. -o TCrrstructan Eosernnent' s - °i 118952'47"W 1 i� `�-E�, i0Q4,uaua e Teet ' -`r. `f W 617 1 5895242 w 5549 7 932'42"W 24.51 Point of Beginning - Tract 2 J Existing Cloud Street Right-of-way Point of Commencement - Tract 2 Southeast Corner of Lot 4 legend ---- Right-of-way line N orr ar sauna 3W w nsH, suave. KANSAS Easement line rvetC $O KS-ENGINEERING- ur4rncs Property line 0 10 20 30 40 Note: All distances ore in feel n i a. 11-2672 '"` Mc),200 '� SCALE: 1" = 20' ,.� .-a..-�,.. IRA )-� • Exhibit E RIGHT-OF-WAY DEED This Right-of-Way Deed is made this _ day of , 2013, by and between SON DANH TRAN and LAN VU, husband and wife, (the "Grantor") and the CITY OF SALINA, KANSAS, a municipal corporation, (the "City"): GRANT: The Grantor, for good and valuable consideration, hereby conveys to the City the real estate legally described and depicted on the attached and incorporated Exhibit A (the "Real Estate") as public right-of-way (the "Right-of-Way') for the purposes of locating, constructing, excavating, and maintaining: A. Public means of transportation including roadways, streets, bridges, sidewalks, paths, crosswalks, and traffic control devices; B. Public drainage structures including, but not limited to, culverts, pipes, levees, and channels; C. Public landscaping and other aesthetic improvements; and D. Poles, wires, conduit, pipeline, and junction boxes for the purposes of conducting, transmitting, and distributing water, sewage, electricity, gas, and electronic communications by the City, and its authorized franchisees and licensees. TERM: The Right-of-Way shall be perpetual. OWNERSHIP: Grantor covenants that it owns the Real Estate and has the right, title, and capacity to grant the Right-of-Way. MAINTENANCE: Grantor acknowledges that the Right-of-Way shall not affect the Grantor's obligation to maintain its property adjoining the Real Estate. IMPROVEMENTS: Grantor acknowledges that the construction of any building or structure, or the installation of fencing or landscaping on real property adjoining the Real Estate is governed by the Salina Code as it may be amended from time to time. IN WITNESS WHEREOF, the Grantor has executed this Right-of-Way Deed to be effective as of the day and year written above. Son Danh Tran Lan Vu ACCEPTANCE OF RIGHT-OF-WAY DEED CITY OF SALINA, KANSAS By: Jason A. Gage, City Manager ATTEST: Lieu Aim Elsey, CMC, City Clerk ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on , 2013 by Son Danh Tran and Lan Vu, husband and wife. My appointment expires: Notary Public STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on , 2013, by Jason A. Gage as City Manager and Lieu Ann Elsey as City Clerk of 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)J -2- Exhibit A - Page 1 of 2 Description: A tract of land in Lot 4, Block 3, Evergreen Pork Addition to the City of Salina, Saline County, Kansas and more particularly described as follows: Beginning at the Southeast corner of said Lot 4; thence on on assumed bearing of South 89' 52' 42" West on the south line of said Lot 4, a distance of 24.51 feet; thence North 0' 10' 25" West, a distance of 19.15 feet; thence South 89' 52' 47" East, a distance of 6.17 feet; thence North 0' 16' 16" East, a distance of 4.46 feet; thence South 89' 24' 37" East, a distance of 16.55 feet; thence North 0' 35' 23" East, a distance of 43.99 feet to the north line of said Lot 4; thence North 89' 53' 37" East on said north line, a distance of 203 feet to the east line of said Lot 4; thence South 0' 32' 58" West on the east line of said Lot 4, a distance of 6737 feet to the Point of Beginning. Said Tract contains 642 square feet more or less. CITY OF SAUNA, JX .ASH, SAL WA. KANSAS PUBLIC WKS- ENGINEERING- uT2lnEs +.. 11-2672 In Mal'20]3 1_1 • Exhibit A - Page 2 of 2 North line of Lot 4 I 1: ` 0.5 �2.203 IA t0 l i`1 0 q I 0, q c p I-1 I i b Parcel I Tron `� - -3 � East 80 ft of Lot 4, `� 3 ° •IN.: s p Block 3, Evergreen ,1 - i Pork Addition ,1 1 v° N07676 f m .1 ro 11 .c 4.46 L +E1.^`"i .H 5895247E 1'°I ,� Building Overhang fi17 j Budding Foce % __ �I r -- �;5891<37E'16.5_1 : Right-of-.'oy, ..j }:11., 692 square feet o I n Existing Cloud Street Right-of-Way 589U.42'W 24.51 / Point of Beginning Tract l J Southeast Corner Lot 4 Legend Right-of-way line N are Of SAUNA, J00 W psi sALwti KANSAS Easement line PUBLIC MONKS- ENONCCRWC- NIRntS Property line 0 10 20 30 AO Note: All distances ore in feet `° 1-272 �" MayXii 'm SCALE: r = 20' ��„� i^ • 1-1 • • Exhibit F PERMANENT SIDEWALK EASEMENT This Permanent Sidewalk Easement is made this day of , 2013, by and between SON DANH TRAN and LAN VU, husband and wife, (the "Grantor") and the CITY OF SALINA, KANSAS, a municipal corporation, (the "City"): GRANT: The Grantor, for good and valuable consideration, hereby conveys to the City a permanent sidewalk easement (the "Easement") in, on, over, under, and through the real estate legally described and depicted on the attached and incorporated Exhibits A and B (the "Real Estate") for the purposes of pedestrian use by the public of the public sidewalk constructed thereon, with full authority to enter upon the easement to construct the sidewalk. TERM: The Easement shall be perpetual. OWNERSHIP: Grantor covenants that it owns the Real Estate and has the right, title, and capacity to grant the Easement. MAINTENANCE: Grantor acknowledges that the Easement shall not affect the Grantor's obligation to maintain the Real Estate. If Grantor fails to fulfill its legal responsibility relating to the safe condition of the sidewalk, the City shall have full authority to enter upon the easement to maintain, repair, or replace the sidewalk on the basis allowed by law. IMPROVEMENTS: Grantor acknowledges that the construction of any building or structure on the Real Estate is governed by the Salina Code as it may be amended from time to time (currently Sec. 42-63). SURFACE GRADE: Grantor shall neither alter nor permit others to alter the surface grade of the Real Estate without the prior written approval of the City. BINDING EFFECT: The Easement shall be binding upon and shall run with the Real Estate. IN WITNESS WHEREOF, the Grantor has executed this Permanent Sidewalk Easement effective as of the day and year written above. Son Danh Tran Lan Vu ACCEPTANCE OF PERMANENT SIDEWALK EASEMENT CITY OF SALINA, KANSAS By: Jason A. Gage, City Manager ATTEST: Lieu Ann Elsey, CMC, City Clerk ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on , 2013 by Son Danh Tran and Lan Vu, husband and wife. My appointment expires: Notary Public STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on , 2013, by Jason A. Gage as City Manager and Lieu Ann Elsey as City Clerk of 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- Exhibit A - Page 1 of 2 Description: A tract of land in Lot 4, Block 3, Evergreen Pork Addition to the City of Salina, Saline County, Kansas and more particularly described os follows: Commencing at the Southeast corner of said Lot 4; thence on on assumed bearing South 89' 52' 42" West on the south line of said Lot 4, a distance of 24.51 feel; thence North 0' 10' 25' West, a distance of 12.19 feet to the Point of Beginning; thence North 89' 59' 14" West, a distance of 55.33 feet; thence North 0' 32' 57" East, a distance of 8.83 feet; thence South 89' 31' it East, a distance of 54.33 feel; thence North 45' 14' 03" East, a distance of 4.34 feet; thence South 89' 24' 37" East, a distance of 4.00 feet; thence South 0' 16' 16" West, a distance of 4.46 feet; thence North 89' 52' 47" West, a distance of 6.17 feet; thence South 0' 10' 25" East, a distance of 6.96 feet to the Point of Beginning; Said Tract contains 502 square feet more or less. air OF SAUNA. JW W A91. SALWA. KANSAS RURCK' MNKS- ENGINEERING- UAtAEG 11-2872 L. May 201J 1-1 ..,....�. ... (. • . . . . . • :. • . . Exhibit A - Page 2 of 2 , • i i . . I 'la; . .... Parcel 1 Iron I ', ,%1 ‘2 j ° East 8011 of tot 4, I S. (Th ) ,'e i --- ? Block .3, Evergreen '-- 1 b Park Addition '..- 1 r„-S I 1 L....4 1 1/2 1 q N4574'OJT—\ 1 589 243 t j :17; Building Overhang 4.34 zij 4 00 1 ',- Balding Face -"" S89151:32t 54.13 .S: .. == -- : --,---,----,--,1,--,,-.- :-.--. :- -_ ---S076.16-W V) -- 'Watt 3 - ewolk Easeinent,-;.-_-:,ZA 4.46 -• -4 ' -. '..- ...502.-saaare.rietZ..:.:` ,r r"rilt‘ N89.52.47"W I ___ • ,14 W 55 33 I N89'59 _ i NO'32.571 1 553 Point of Beginning - Tract 3 : 507025-6 NO70.25.W----L 6.96 12.19 -- --r------------------ 589'5142W 24 51 \- Existing Cloud Street Ri Southeast corner of lt 4 Right-of-waPyoin 3 Point of Commencement - Tract o Legend ---- Right-of-way line N airOFSALINA 300 W Agl. SAUNA. KANSAS Easement line i PUBtIC MIEKS- ENGINEERING- UallES Property line 0 10 20 30 40 ,..„ Note: All distances ore in feet ii Ifl, -- 11-2872 In id°,2°1j -1 SCALE: 1- = 20 In • • Exhibit B - Page 1 of 2 Description: A tract of land in Lot 4, Block 3, Evergreen Pork Addition to the City of Salina, Saline County, Kansas and more particularly described as follows: Commencing at the Southeast corner of said Lot 4; thence on on assumed bearing North 0' 32' 58" Cast on the east line of said Lot 4, a distance of 23.36 feet; thence North 89' 24' 37" West, a distance of 2.06 feet to the Point of Beginning; thence North 89' 24' 37" West, a distance of 5.00 feet; thence North 0' 35' 23" Cast, a distance of 43.93 feet to the north line of said Lot 4; thence North 89' 53' 37" East on the north line of said Lot 4, a distance of 5.00 feet; thence South 0' 35' 23" West, a distance of 43.99 feet to the Point of Beginning. Said Tract contains 220 square feet more or less. OTY OF SILINA, 300 it A9( SILw4 KANSAS PUBLIC PARKS- ENGINEERING- ULviEs ~� 11-2872 1 May 20U X1_1 • Exhibit B - Page 2 of 2 I I I ; 4�J/<_ N8953'J7Ey-_I 5N 1 .- i 1 v 1= ; ^] I s._ n p 1yg F C `u 1+1 2 I 1 ` O "."-.vim— I— L ;n N�y •".�,, p 3 Parcel l Tran Z".,' .3 N 3`o N H= East 80 ft of(at 4 12 '1 ° `, ' a o $ Block 3 Evergreen 1 1 ( if-S5-60,.‘' " W Park Addition g :1 m' "� m 1 �'+ 1 de- H:1 > e'i I : Tract 4 Bui/ding Overhang 1g j { l of Beginning Building Face 2897437"W 28974'37"W 1 N 06 9 I 5.00 ti I WI vo 1 . ry :'l 2 Tract 4 Point of Commencement Southeast Corner of Lot 4 Existing gaud Street Right-of-way 9 9 Y Legend ---- Right-of-way Line N CITY OF SALWA _100 W ASH, SALWA KANSAS Easement line PUBLIC WORKS-ENQWEERWC- ULU11(5 Property line o 10 20 30 <0 Note: All distances ore in feet (� 11-2872 I May2013 u 1-1 SCALE: 1" = 20 ..� In v. • Exhibit G TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement is made this _ day of , 2013, by and between SON DANH TRAN and LAN VU, husband and wife, (the "Grantor") and the CITY OF SALINA, KANSAS, a municipal corporation. (the "City"): GRANT: The Grantor, for good and valuable consideration, hereby conveys to the City, a temporary construction easement (the "Easement") in, on, over, under, and through the real estate legally described and depicted on the attached and incorporated Exhibit A (the "Real Estate") for all rights of ingress and egress of the City, its employees, contractors, and authorized franchisees and licensees, for the purposes of constructing, grading, improving, reconstructing, and inspecting the Ninth and Cloud Improvements, City Project No. 11-2872 (the "Project") in the manner called for in the project plans. RESTORATION: After completion of construction, the City shall restore the area of the Easement by seeding or paving as set out in the project plans and specifications. Grantor acknowledges that grading within the Easement may result in a permanent grade change. TERM: The Easement shall be for a term of one (1) year commencing May 1, 2014 and ending April 30, 2015; provided, however, that from May 1, 2015 through April 30, 2016, the City's employees or contractors shall have the right to perform maintenance, repairs, or landscape work on the Project. OWNERSHIP: Grantor covenants that it owns the Real Estate and has the right, title, and capacity to grant the Easement. MAINTENANCE: Grantor acknowledges that the Easement shall not affect the Grantor's obligation to maintain the Real Estate. IMPROVEMENTS: Grantor acknowledges that the construction of any building or structure on the Real Estate is governed by the Salina Code as it may be amended from time to time (currently Sec. 42-63). SURFACE GRADE: Grantor shall neither alter nor permit others to alter the surface grade of the Real Estate without the prior written approval of the City. BINDING EFFECT: The Easement shall be binding upon and shall run with the Real Estate. IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction Easement effective as of the day and year written above. Son Danh Tran Lan Vu 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 KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on , 2013 by Son Danh Tran and Lan Vu, husband and wife. My appointment expires: Notary Public STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on , 2013, by Jason A. Gage as City Manager and Lieu Ann Elsey as City Clerk of 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- Exhibit A - Page 1 of 2 Description: A tract of fond in Lot 4, Block 3, Evergreen Pork Addition to the City of Salina, Saline County, Kansas and more particularly described as follows: Commencing at the Southeast corner of said Lot 4; thence on an assumed bearing of South 89' 52' 42" West on the south line of said Lot 4, a distance of 24.51 feet to the Point of Beginning; thence South 89' 52' 42" West on the south line of said Lot 4, a distance of 5549 feet; thence North 0' 32' 57" East, a distance of 21.15 feel; thence South 89' 31' 32" East, a distance of 54.33 feet; thence North 45' 14' 03" East, a distance of 703 feet; thence North 0' 36' 28" East, a distance of 41.85 feet to the north line of said Lot 4; thence North 89' 53' 37" East on the north line of said Lot 4, a distance of 18.65 feet; thence South 0' 35' 23" West, a distance of 43.99 feet; thence North 89' 24' 37" West, a distance of 16.55 feet; thence South 0' 16' 16" West, a distance of 4:46 feet; thence North 89' 52' 47" West, a distance of 6.17 feet; thence South 0' 10' 25" East, a distance of 19.15 feet to the Point of Beginning. Said tract contains 2001 square feet more or less. CITY OF SALWA, JW W A91.. SALWA KANSAS PUBLIC KIRKS- FWOJEERING- UTUTIES 11-2872 I . Way 20/3 1_1 t- • Exhibit A - Page 2 of 2 iti?95J3rt 1865) 1 i 41 �1I t _ - e to W _ ----- _- oa_;; _.,_';3 2 0 Parcel 1 Iran o . ' _s.' ,1 h o`c East 80 ft of tot 4, 0 t `O .I n q.a Block 3. Evergreen c 11 `_. i'I .c s I m v Pork Addition © I fm r 1 l 1 N4574'03-I y 1 r� Building Overhang 703 I NJI S893TJ2E 54.33_ _ Budding Face �•-+ - v-.] 1 f __�..- N892 J7"W 76.5 1 507676"W I �., Tract 2 T mporary < F - 4.46 -- 4, - Car sstruct Casemmi ,€_11 `? Ne952=e7 1W ; [""0,1?sa.rae eet +s i W 6.17 1 � Ih 2 - - ::1_,:".-..;,2,--: T i--g�1ITO �II l - -SE95242 W 55.49 /' 58952'411 24.5] Point of Beginning - Tract 2 J Existing Cloud Street Right-of-way Point of Commencement - Tract 2 Southeast Corner of tot 4 Legend -- Right-of-way line WY n<SAUNA. .100 w ASH. SAUNA. YANSAS Easement line P(/@!K *TICKS- ENGINEERING- (/1211(5 Property line e II 0 10 20 30 e0 nn Note: All distances ore in feet �.. 'n 11-2872 Way plj�^ • 1-1 SCALE: 1" = 20'