Temporary Construction Easement Agreement for Magnolia Hike/Bike Trail AGREEMENT
This Agreement is made this 2.? day of r , 2024, by and between Alisha
Schoel Frederking and Devin Dean Frederking, (the "Owner"), and the City of Salina, Kansas, a
municipal corporation(the"City").
RECITALS
A. The City,in conjunction with the Magnolia Road Bicycle and Pedestrian Facility,Highland
to Ohio ("Project"), wishes to acquire from the Owner a certain temporary construction
easement affecting a certain portion of land owned by the Owner.
B. The City has caused the temporary construction easement to be valued and has negotiated
a purchase price with the Owner.
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 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 A, Tract 2 (the "Temporary
Construction Easement").
2. Compensation. The City agrees to pay the Owner upon closing the total sum of
Two Hundred Thirty-seven Dollars and Eighty-six Cents ($237.86) for the
temporary construction easement consisting of the following:
Tract 2 Temporary Construction Easement $ 237.86
(561 square feet)
Total Compensation $ 237.86
3. Improvements in Temporary Construction Easement. The Owner agrees to not
construct any improvement in the Temporary Construction Easement from the date
of this agreement to January 29, 2027.
4. Construction of a Fence. The City agrees to construct a six foot high by twenty-
five foot long wood fence between the trail and the north side of the house. This
fence will be built after construction of the trail.
5. Documents. The Owner agrees that the Temporary Construction Easement shall
be conveyed to the City by the Owner's execution and delivery to the City of a
Temporary Construction Easement identical to the copies attached as Exhibits B to
this Agreement. The 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
two(2)year commencing January 30,2025 and ending January 29,2027;provided,
however, that from January 30, 2027 through January 29, 2028, 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 Temporary Construction Easement.
8. Closing. Closing shall take place on or before October 1, 2024. At closing the
Owner shall:
a. deliver to the City the fully executed and acknowledged 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
2 above.
8. Non-assignable. The Owner's rights under this Agreement shall not be assigned
without the prior written consent of the City.
9. 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.
( ?S' - Sa ,Q VA +
CITY OF S • INA,KANSAS
Alisha Schoelj� Frederking i i
iva
J:l. '✓, -� By: L I/_.__,_______
Devin Dean Frederking • M.c re Tr. Schrage, City Manager
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