Temporary Construction EasementAGREEMENT
/32
This Agreement is made this/x-~ day of September, 2003, by and between Smoky
Hill/Central Kansas Education Service Center (the "Owner") and the City of Salina, Kansas, a
municipal corporation, (the "City").
RECITALS
A. The City, in conjunction with the East Crawford Avenue and South Front Street
Improvement Project, wishes to acquire from the Owner two temporary construction easements
affecting a certain portion of land owned by the Owner.
B. The City has caused the temporary construction easements to be .acquired to be
appraised and has negotiated a purchase price with the Owner, all in the manner prescribed in
Title III of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970.
C. 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. Description. The temporary construction easements to be conveyed by the Owner
to the City shall be as depicted and legally described on the attached and incorporated Exhibits A
and B (the "Temporary Easements").
2. Compensation. The City agrees to pay the Owner upon closing the total sum of
three thousand eight hundred seventy-one dollars and eighty-one cents ($3,871.23) for the
Temporary Easements consisting of the following:
a. Temporary Easement $695.23
(331.06 sq. ft. at $2.10)
b. Temporary Easement $1,176.00
(560 sq. ft. at $2.10)
c. Damages to remaining property $2,000.00
(closing 3 entrances $1,500,
reduced utility factor $500)
Total Compensation
$3,871.23
3. 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 a Temporary Easement
document identical to the copy attached as Exhibit C to this Agreement for each of the two
Temporary Easements. 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.
4. Covenant of Title. The Owner covenants that it is the lawful owner of the real
estate affected by the Temporary Easement.
5. Closing. Closing shall take place on or before September 15, 2003. At closing
the Owner shall:
deliver to the City the fully executed and acknowledged Temporary
Easement document,
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.
6. Term of Possession. The Temporary Easement shall be effective for a term
commencing upon the date of the Temporary Easement document and ending December 31,
2004.
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 upc,n 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"
SMOKY HILL/CENTRAL KANSAS
EDUCATION SERVICE CENTER
By: Rit~~tita Co~k,~cutiv~e ~~A-'~'~/~
Tax ID No.
CITY OF SALINA, KANSAS
By: Dennis M. Kissi~'~y M~na~r
-2-
Tract No.: 05
TEMPORARY CONSTRUCTION EASEMENT
Owner Name: Smoky Hill/Central Kansas Education Service Center
Owner Address: 605 E. Crawford Ave.
Salina, KS 67401
LEGEND
DESCRIBED BOUNDARY LINE
N
Smoky Hill/CentrolKonsos ,-
Education SerVioe Center *
2.00' BLOCK
I--.. 589'45'09"E ~ / 22.00'
500'16'20"W
~ 14.00'
~ ~ ,~ /$89'45'09','E
/' z.oo'
5.W. Corner /6.00' .~ ~
DlOC~x I ~ ,vo= ~o u~ vr Esm'f.
PO I NT~%~~ ' ........................
BE6INNIN6 ~
SCALE
I'-2~
Extst. R/W
CRAWFORD ST.
LEGAL DESCRIPTION:
A tract of land lying in the Southeast Quarter of Section 13, Township 14 South, Range 3 West of the 6TH
Principal Meridian, being o part of Block I, in the Replat of Lots One through Fifteen, inclusive,
Garden Home Addition to the City of Salina, Saline County, Kansas, and being more particularly
described as follows:
BEGINNING at the Southwest corner o? Block I, Replat of Lots One through Fifteen, inclusive, Garden Home
Addltiom thence on an assumed bearing of NOO"I6'20"E, along the West line of said Block I, o distance of
24.00' ?eeh thence S89°43'09"E, parallel to the South line of sold Block I, o distance at' 2.00 feeh thence
S00'16'20"W, parallel to the West I~ne of said Block I,a distance of 22.00i. feeh thence S89°43'09"E, parallel
to the South line of said Block I, o distance of 14.00 ?eeh thence S00°1'6'20"W, parallel to the West line of
said Block I, a distance of 2.00 feeh thence N89°43'og"w, along the South line of sam Block I, a distance
16.00 feet to POINT OF BEGINNING.
The above described tract confalns 331.06 square feet, or 0..0076 acres, more or less.
CERTIFICATION=
State of Kansas )
SS
County of Saline
I, the Undersigned, do hereby certify that I om 0 registered
land surveyor wJth the firm of BUCHER, WILLIS & RATLIFF
CORPORAT]ONI that the heretofore described property was
surveyed by me, or under m7 direct supervlslon~ and that all of
the monuments shown herein actually exist and their positions
ore correctly shown to the best of m~ KnOwledge and belief.
l~llll~ BUCHER, WILLIS & RATLIFF
llllJll, CORPORATION
609 WEST NORTH STREET SALINA, KANSAS 6T401?BS-627-3603
Exhibit A
TEMPORARY CONSTRUCTION
Owner Nome~
Owner Address:
LEGEND
DESCRIBED BOUNDARY LINE
Tract No.: 05
EASEMENT
Smoky Hill/Central Kansas Education Service Center
605 E. Crowf'ord Ave.
Sollno, KS 67401
37'
S.W. Corner
Block I
Elmore
Smoky Hill/Cen±rolKonsos
Plaza, '
Education Sew/ce Center
Inc.
114.00'
589'43;09"E
POINT
BLOCK I
SCALE
40.00' /"- zo'
UbO l NN I N"U
CRAWFORD ST.
LEGAL DESCRIPTION:
A tract of' land lying in the Southeast Quarter of Section I$, Township 14 South, Range $ West of the 6TH
Principal Merldlon, being o port o? Block I, Replot of Lots One through Fifteen, inclusive, Garden
Home Addition to the C/fy o? Sol/no, Saline County, Kansas, and being more particularly described os
follows:
Commencing of the Southwest corner of sold Block I, Rep/of of Lots One through Fi?teen, inclusive,
Garden Home Addition; thence on on assumed bearing of' S89"45'09"E, clang the South line of' sold
.Block I, o dlsfonce of' 114.00 feet fo the POINT OF BEGINNING;thence NOO°I6'20"E, ~Trollelfo the
West line of` said Block I, o distance of 14.00 f'eeh thence S89"4J'Og"E, parallel fo the South line of' said
Block I, o distance of' 40.00 f'eeh thence S00"16'20'W, parallel to the West'line of' said Block I, o
dlstonce of' 14.00 f'eeh thence N89"45'09'~, clang the South llne of' sold Block I, o dlsfonce of'
40.00 feet fo POINT OF BEGINNING. i
The above described tract contolns 560.0 square feet, or 0.0129 acres, more or less.
CERTIFICATION:
$~ote of Kansas )
SS
County of SalTne )
]. the Undersigned. do hereby certify that [ om o regls,ered
land surveyor with the firm of 8UCHER. WILLIS & RATL[FF
CORPORATION: that the heretofore described proDer,y was
surveyed by me. or under m~ direct suDervlslonl and that oil
the monuments shown herein actually exist and ,hel~ posl,lons
ore correctly shown to the best of my knowledge and belief.
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this Q-~___ day of September, 2003, by SMOKY
HILL/CENTRAL KANSAS EDUCATION SERVICE CENTER (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 are hereby acknowledged, does hereby convey unto the City, a temporary
construction easement in, through, over, and across a certain portion of land owned by the
Grantor, as depicted and legally described on the attached and incorporated Exhibit A (the
"Temporary Easement") for all rights of ingress and egress of the City, its employees,
contractors, and franchisees, for the purposes of access, storage of materials and equipment, and
surface reshaping or regrading, for a term commencing with the date of this indenture and ending
December 31, 2004.
IN WITNESS WHEREOF, the Grantor has signed this Temporary Construction
Easement the day and year first above written.
SMOKY HILL/CENTRAL KANSAS
EDUCATION SERVICE CENTER
By:
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this ~_~'~ day of September, 2003, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Rita Cook,
Executive Director, of SMOKY HILL/CENTRAL KANSAS EDUCATION SERVICE
CENTER, 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 on behalf of
SMOKY HILL/CENTRAL KANSAS EDUCATION SERVICE CENTER.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
offi~i31 so~l tho. day ,~,~,$ year last ~bgve written.
! '"~":~;~'~"';"~"~0_ . ~ Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
Exhibit C
REtEI~.~I SEEI~
RE6IS]~i~ OF DEB)S VA/
Book: 106~ Parle: 194~'
Receipt #: I~41~ Total Fees: $I~.~
Pa§es Ree0~ded: ~ .
TEMPORARY CONSTRUCTION EASEM~eeerded' :1~/~/~3 9:~:~5 P~
THIS INDENTURE, made this '~ day of September, 2003, by SMOKY
HILL/CENTRAL KANSAS EDUCATION SERVICE CENTER (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 are hereby acknowledged, does hereby convey unto the City, a temporary
construction easement in, through, over, and across a certain portion of land owned by the
Grantor, as depicted and legally described on the attached and incorporated Exhibit A (the
"Temporary Easement") for all rights of ingress and egress of the City, its employees,
contractors, and franchisees, for the purposes of access, storage of materials and equipment, and
surface reshaping or regrading, for a term commencing with the date of this indenture and ending
December 31, 2004.
IN WITNESS WHEREOF, the Grantor has signed this Temporary Construction
Easement the day and year first above written.
SMOKY HILL/CENTRAL KANSAS
EDUCATION SERVICE CENTER
By:
Rita Oook, Executive Director
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this ~,~'~ day of September, 2003, before me, the
undersigned, a notary public in and for the county and state aforesaid, carne Rita Cook,
Executive Director, of SMOKY HILL/CENTRAL KANSAS EDUCATION SERVICE
CENTER, 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 on behalf of
SMOKY HILL/CENTRAL KANSAS EDUCATION SERVICE CENTER.
IN WITNESS WHEREOF,
official seal the day and year last above written.
, ~ ERIN R. NULL
, I~'¢F;'9;;~My COMMISSION EXPIRES/
,1='~;~2 August 27, 2~ [,
I have hereunto subscribed my name artd affixed my
Notary ~bh'~ --
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
Book: 106~_~ Pa~e: 194~
Tract No.: 05
TEMPORARY CONSTRUCTION EASEMENT
Owner Nome: Smoky H/ll/Cenfrol Kansas Education Service Center
Owner Address: 605 E. CrowFord Ave.
Sol/no, KS 67401
LEGEND
DESCRIBED BOUNDARY LINE
Smoky Hill/CentrolKonsos
Education Servioe Center
2.00'
F-- S89'45'09"E ~ 22.00'
~' / 500'15'20"W
ac LU 14.00'
~ ~ /$89'43'09"E
S / ' z.oo'
I ~ ~ $00'16'20"W
~.~..~O:'~f ~ ,, 1~'00'o~.,,,;~~ Prop. Tem...p.
~lO~K~ ~ ~vo~ ~j u~ vv Esm't.
PO INT~
BEG INN I NO
BLOCK I
N
SCALE
I"- 20'
ExiSt. R/W
CRAWFORD .ST.
LEGAL DESCRIPTION:
A tract oF land lying in the Southeast Quarter oF Section /3, Township 14 South, Range 3 West oF the 6TH
Prlnclpol ICerldlon, being o port oF Block I, in the Replot oF Lots One through FiFteen,/ncluslve,
Garden Home Addition to the CiO/oF Solino, Sol/ne County, Kansas, and being more portlcuIorly
described os ?allows:
BEGINNING at the Southwest corner oF Block I, Replot oF Lots One through FiFteen, inclusive, Garden Home
Addition; thence on on assumed bearing oF NOO'I6'20"E, along the West line oF sold Block I, o dlstonce oF
24.00 1%eh thence S89°45'0~"E, parallel fo the South llne of' said Block I, o distance of' 2.00 Feeh thence
S0076'20"W, parallel to the West line of' said Block I,o distonce oF 22.00i Feeh thence S89'45'09"E, parallel
to the South llne oF sold Block I, o dlstonce oF 14.00 Feeh thence S00°1'6'20"W, parallel to the West llne oF
said Block I, o distance oF 2.00 Feeh thence N89'45'Og"W, along the South line oF said Block I, o distance oF
16.00 Feet to POINT OF BEGINNING.
The above described froot contains 331.06 square Feet, or 0..0076 acres, more or less'.
CERTIF ICAT]0N:
State of Kansas )
SS
County of Saline )
I, the Undersigned, do hereby certify that [ am o registered
land surveyor with the firm of BUCHER, WILLIS & RATLIFF
CORPORATION: that the heretofore described property was
surveyed by me, or under m~ direct supervision; and that oil
the monuments shown herein actually exist and their positions
are correctly shown to the best of my Knowledge and belief.
IIIIIII BUCHER, WILLIS & RATLIFF
IIIIPlL CORPORATION
609 WEST NORTH STREET SALINA, KANSAS 67401TSS-B2T-3603
Exhibit A
THIS INDENTURE, made this "~3 day of September, 2003, by SMOKY
HILL/CENTRAL KANSAS EDUCATION SE~,VICE CENTER (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 are hereby acknowledged, does hereby convey unto the City, a temporary
construction easement in, through, over, and across a certain portion of land owned by the
Grantor, as depicted and legally described on the attached and incorporated Exhibit A (the
"Temporary Easement") for all rights of ingress and egress of the City, its employees,
contractors, and franchisees, for the purposes of access, storage of materials and equipment, and
surface reshaping or regrading, for a term commencing with the date of this indenture and ending
December 31, 2004.
IN WITNESS WHEREOF, the Grantor has signed this Temporary Construction
Easement the day and year first above written.
SMOKY HILL/CENTRAL KANSAS
EDUCATION SERVICE CENTER
: Rita ~ve Director
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this ~3~t day of September, 2003, before me, the
undersigned, a notary public in and for the county and state aforesaid, carrie Rita Cook,
Executive Director, of SMOKY HILL/CENTRAL KANSAS EDUCATION SERVICE
CENTER, 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 on behalf of
SMOKY HILL/CENTRAL KANSAS EDUCATION SERVICE CENTER.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
, ...r;.'-?.'.;.;.'4,.. ERIN R, NULL '
£~q- ·
~ OFFICIAL '~ MY COMMISS',ON EXPIRES
' ~.. ..'~'., August 27, 2006
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
Notagg_Public
Book: 106,2 Page: 1941
Tract No.: 05
TEMPORARY CONSTRUCTION EASEMENT
Owner Nome= Smoky Hil//Cenfro/ Kansas Education Service Center
Owner Address= 605 E. Crawford Ave.
LEGEND saline, KS 67401
DESCRIBED BOUNDARY LINE
Elmore
Smoky Hill/CentralKonsas
Plaza, '
Education Service Center Inc.
$.W. Corner
Block /
CRAWFORD 5%
LEGAL DESCRIPTION:
A tract of land lying in the Southeast Quarter of Section 13, Township 14 South, Range 3 West of the 6TH
Princlpol ~leridlon, being o port of Block I, Replof of Lots One through Fif'feen, inclusive, Garden
Home Addition to the City of Sollno, Saline County, Kansas, and being more porflculorly described as
fo~lows=
Commencing of the Southwest corner of said Block I, Rep/of of` Lots One through Fif'teen, inclusive,
Garden Home Add/f/om thence on on assumed bearing of' S89°45'09"E, along the South llne of said
Block I, o dlstonce of' 114.00 feet to the POINT OF BEGINNING;thence NOO°I6'20'E, parallel to the
West llne of said Block I, (7 distance of' 14.00 f'eeh thence 589~45'09"E, poroflel fo the South line of said
Block I, o distance of 40.00 feet;thence S00"16'20"W, parallel to the West llne of said Block I, o
distance of' 14.00 feet; thence N89"45'O9"W, along the South llne of' said Block I, o dlstonce of
40.00 feet to POINT OF BEGINNING.
The above described tract contains 560.0 square feet, or 0.0129 acres, more or less.
CERTIFICATION:
State of Kansas
SS
County of Saline
I, the Undersigned, do hereby certify that I am e registered
land surveyor with the flrm of BUCHER, WILLIS & RATLIFF
CORPORATION: that the heretofore described property was
surveyed by me, or under m~ direct supervlsionJ and that oll of
fhe monumenfs shown herein actually exlst ond their positions
are correctly shown to the best of my knowledge and belief.
Exhibit A