Temporary Construction EasementAGREEMENT
This Agreement is made thiscD I day of ~,-~ , ,2003, by and between Elmore Plaza,
Inc., a Kansas corporation, (the "~Wner"), and th't: 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 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
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 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. 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
one thousand six hundred seventy-six dollars ($1,676.00) for the Temporary Easement consisting
of the following:
a. Temporary Easement $1,176.00
(560 sq. ft. at $2.10)
b. Damages to remaining property $500.00
(reduced utility factor)
Total Compensation
$1,676.00
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. 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:
ao
deliver to the City the fully executed and acknowledged Ternporary
Easement document,
bo
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 Easement. 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 upton 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"
ELMORE PiAZA, INC.
BY: ~'~Dav~l' nlfi~m.~~nt
Tax ID No.
CITY OF SALINA, KANSAS
By:
Dennis M. Kissin~e~y Manager
-2-
TEMPORARY CONSTRUCTION
Owner Name= E/more Plaza,/nc.
Owner Address= P.O. Box 1556
Sa/ina, KS 67402
LEGEND
DESCRIBED BOUNDARY LINE
57'
W Car.
/ock /
Smoky Hill/
Cen±ralKansos
Educo±ion
Service Center
154.00' ~o
...... BEG"I"NN I N O
Elmore Plozo, lnc.
BLOCK I
Tract No..: 06
EASEMENT
N
Prop. Temp. ..
Esm't. ' .-
SCALE
40.00' /'- 20'
LU. S89'43'09"E
~ :. ExiSt. R/W
fl89 45'0k~/~.'
CRAWFORD S7-.
LEGAL DESCRIPTION:
A tract of' land lying in the Southeast Quarter of Section 13, Township 14 South, Range 3 West of the 6TH
Prlncipol Meridian, being o part of Block I, in the Rep/of of Lots One through Fifteen,. inclusive, Garden
Home Addltion to the City of Salins, 5allne County, Kansas, and being more porflcular.ly described as
follows:
Commencing af the Southwest corner of said Block I, Replaf of Lots One through Fifteen, inclusive, Garden
Home Addi#on; thence on an assumed bearing of' S89'45'09"E, along the South line of said Block I, a
distance of 154.00 feet to the POINT OF BEGINNING;thence NOO°I6'PO"E, parallel to the West line of
said Block I, o distance of 14.00 feeh thence S89"45'09"E, p~rallel to fha! South line of said Block I, a
distance of 40.00 feet; thence S00°/5'20'~, parallel to the West line of said Block I, (7 distance of
14.00 feeh thence N89'45'O9"W, along the South fine of said Block I, a distance of 40.00 feet fo the
POINT OF BEGINNING.
The above described tract contains 560.0 square feet, or 0.0129 acres, more or less.
CERTIFICATION:
State of Kansas
SS
Courtly o4 Saline )
l, the Undersigned, do hereby certify that I am a registered
land surveyor with the firm of BUCHER, WiLLiS & RATL[FF
CORPORATIONI that the heretofore described property was
surveyed by me, or under my direct supervlslon: and that oll of
the monuments shown herein actually exist and their positions
are correctly shown to the best of my Knowledge and belief.
B~III!! BUCHEI~, WILLIS & RATLIFF
JlJJJllJlk CORPORATION
WEST NORTH STREET SALINA, KANSAS 67401TFJS-~I27-3603
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this __ day of ,2003, by ELMORE PLAZA,
INC. (the "Grantor"); and the CITY OF SALINA, KANSAS, a municipal corporation (the
"City").
WITNESSETH: The Grantor for good and valuable consideration, 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.
ELMORE PLAZA, INC.
By:
David Antrim, President
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this __ day of ,. 2003, before me, the
undersigned, a notary public in and for the county and state aforesaid, came David Antrim,
President, Elmore Plaza, Inc., 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 Elmore Plaza, Inc.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
EXHIBIT B
Receipt ~: 1241E Total Fees: $12.~
Pa§es Ree~ed: ~
Bate Reco~ed: 18/E4/~ 9:~:~ ~
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this ~ day of ~ ~.~- , 2003, by ELMORE PLAZA,
INC. (the "Grantor"); and the CITY OF SALINA, KANSAS, a municipal corporation (the
"City").
WITNESSETH: The Grantor for good and valuable consideration, does ihereby convey
unto the City, a temporary construction easement in, through, over, and across a certain portion
of land owned by the Grantor, as depicted and legally described on the attached and incorporated
Exhibit A (the "Temporary Easement") for all rights of ingress and egress of the City, its
employees, contractors, and franchisees, for the purposes of access, storage of materials and
equipment, and surface reshaping or regrading, for a term commencing with the date of this
indenture and ending December 31, 2004.
IN WITNESS WHEREOF, the Grantor has signed this Temporary Construction
Easement the day and year first above written.
ELMORE PLAZA, INC.
· - Antnm, President
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this ~?/ day of ~z~~,. 2003, before me, the
undersigned, a notary public in and for the county and state ~oresaid, came David Antrim,
President, Elmore Plaza, Inc., who is personally known to me to be the same person who
executed the above and foregoing instrument of writing and duly acknowledged the execution of
the same on behalf of Elmore Plaza, Inc.
IN WITNESS WHE,,.I~[r~t I have hereunto subscribed my name an~d affixed my
official seal the day and
~ ~X~ .." '.:.%~ ~ /
~ !x ~,.~ i ~ / / , Not, Public
IA r~al ~stat~ sal~s vali~~u~~ ~ not required pursuant to K.S.A. 79-1437e(a)(13)]
z ~ .. '~ ~
Book: 106~ Page: 1945
TEMPORARY CONSTRUCTION
Owner Name: Elmore Plaza,/nc.
Owner Address: P.O. Box
Sa/ina, KS 67402
LEGEND
DESCRIBED BOUNDARY LINE
57'
~_. Car.
iBIocl~ I
I
Smoky Hill/
CentralKansa$
Education
Service Center
Elmone Plaza, Inc.
BLOCK I
Tract No..: 05
40.00'
S89'45'09"E
40.0~
fl89'45'0~
EASEMENT
Prop. Temp. ..
Esm't. ' .-
SCALE
I"- 20'
Exist. R/W
CRAWFORD ST.
LEGAL DESCRIPTION:
A tract of land lying in the Southeast Quarter of' Section I$, To~nshlp 14 South, Range $ West of' the 6TH
Princlpol Meridian, being o part of' Block I, in the Rep/at of' Lots One through Fifteen, inclusive, Garden
Home Addition to the Cily of` Salina, Saline Courtly, Kansas, and being more particularly described as
follows:
Commencing at the Southwest corner of` said Block I, Replaf of' Lots One through Fifteen, inclusive, Garden
Home Addition: thence on an assumed bearing of S89"45'09"E, along the South line of` said Block I, a
distance of` 154.00 feet to the POINT OF BEGINNING:thence NOO°IC'20"E, parallel to the West line of`
said Block I, o distance of' 14.00 ?eeh thence S89~43'09"E, parallel to fhe~ South line of' said Block I, a
distance of 40.00 f'eet; thence S00"16'20"W, parallel to the West line of said Block I, a d/stance of
14.00 feeh thence N89"45'Og"W, along the South fine at' sold Block I, a distance of' 40.00 feet fo the
POINT OF BEGINNING.
The above described tract contains 560.0 square feet, or 0.0129 acres, more or less.
CERTIFICATION:
State of Kansas )
SS
Coun+¥ of Saline )
I, the Undersigned, do heFeby certify that I an a registered
land surveyor wlth the firm of 8UCHER, WILLIS & RATL[FF
CORPORATION: that the heretofore descrlbed property was
surveyed by me, or under my direct supervlsiom and that oll
the monuments shown herein actually exist and their positions
are correctly shown to the best of my Knowledge and belief,
P~IIlII! BUCHER, WILLIS & RATLIFF
I)llllk CORPORATION
EXHIBIT A