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Pt Lot 15 & 16, Block 11AGREEMENT This Agreement is made this -,?o day of August, 2007, by and between JOHN R. WESTHUSIN (the "Owner"), and the CITY OF SALINA, KANSAS, a municipal corporation, (the "City"). RECITALS A. The City, in conjunction with the South Ohio 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 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 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 Exhibits A and B (the "Temporary Easement"). 2. Compensation. The City agrees to pay the Owner upon closing the total sum of Five Hundred Dollars ($500.00) for the Temporary Easement. 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 C 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 4. Term of Possession. The Temporary Easement shall be effective for a term commencing upon the date of the Temporary Easement document and ending two years thereafter. 5. Covenant of Title. The Owner covenants that it is the lawful owner of the real estate affected by the Temporary Easement. 6. Closine. Closing shall take place on or before September , 2007. At closing the Owner shall: a. deliver to the City the fully executed and acknowledged Temporary Easement document, 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. 7. Nonassim able. 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 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. "Owner" �GGzd — ohn R. Westhusin CITY OF SALINA, KANSAS By (2J ezcr J9 on A. Gage, City Manager -2- EASEMENT ACQUISITION OWNER: John R. Westhusin SALINA, KS 6740/ I 6.00' P. 0. B. I I LEGAL DESCRIPTION: SEE PAGE 2 OF 2 w a 0 U. w I This does not constitute a legal survey, drawing is for informational purposes only.' Scale: l'-50' Exhibit A PAGE 1 OF 2 South Ohio Street Project No: 85U-2005-01 Tract 8 John R. Westhusin . TEMPORARY EASEMENT A tract of land in the North 17 feet of Lot 16, and the South 55 feet of Lot 15, Block 11, Bonnie Ridge Addition to the City of Salina, Saline County, Kansas and described as follows: Beginning at the southeast corner of said North 17 feet of Lot 16; Thence westerly along the south line of said North 17 feet of Lot 16, on an assumed bearing of N 89°28'33" W, a distance of 6.00 feet; Thence N 03°56'55" E, a distance of 72.13 feet to a point the north line of said south 55 feet of Lot 15; Thence S 89°28'33" E, along said north line, a distance of 2.00 feet to the northeast comer of said south 55 feet of Lot 15; . Thence S 00'46'11 " W along the east line of said Lots 16 and 15, a distance of 72.00 feet to the POINT OF BEGINNING. Said tract contains 288.0 square feet, more or less. 5_ i5-dL L.S - 92 Exhibit B TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this _ day of , 2007, by and between JOHN R. WESTHUSIN (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 is hereby acknowledged, does hereby grant, bargain, sell, and 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 Exhibits A and B (the "Temporary Easement'), for all rights of ingress and egress of the City, its employees, contractors, and franchisees, for the purpose of matching grade between project improvements and improvements such as driveways and sidewalks, for a term of two (2) year commencing with the date of this indenture. IN WITNESS WHEREOF, the Grantor has signed this Temporary Construction Easement this _ day of 2007. John R. W esthusin STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this day of , 2007, before me, the undersigned, a notary public in and for the county and state aforesaid, came John R. Westhusin, 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. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. Notary Public Exhibit C e • ' a oREBECCA SEEMAN "-••""••,�"�7EGISTER OF DEEDS SALINE COUNTY KANSAS I d Book: 1160 Page: 1159 I � Rece Pages Racord,d3B /� . / Recording Fee: 120.00 'n....✓ l.I1J Date Recorded: 10/9/2007 1:0314 PM I Grantor Grantee Type of Document Temporary Construction Easement Recordinq Fees $20.00 Mtg Reg Tax $0.00 Total Amount $20.00 Return Address CLARK MIZE & LINVILLE CHARTERED WILL PICK UP Book: 1160 Page: 1160 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this:R { 4ayoY, 2007, by and between JOHN R. WESTHUSIN (the "Grantor"), and the CITY OF SA NA, KANSAS, a municipal corporation (the "City"). WITNESSETH: The Grantor, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, and 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 Exhibits A and B (the "Temporary Easement'), for all rights of ingress and egress of the City, its employees, contractors, and franchisees, for the purpose of matching grade between project improvements and improvements such as driveways and sidewalks, for a term of two (2) year commencing with the date of this indenture. IN WITNESS WHEREOF, the Grantor has signed this Temporary Construction Easement this_?,,�r day of �, 2007. ohn R. Westhusin STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this 3c*oay of A , 2007, before me, the undersigned, a notary public in and for the county and state aforesaid, came John R. Westhusin, 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. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. pn,-�Z7� (� Notary Public FPATRICIAJ. PILLARD Notary Public- state of Kansas My Appl. Expires Jan. 31, 2010 EASEMENT ACQUISITION U , OWNER: John R. Westhusin Book; 1160 Page: 1161 SALINA, KS 6790/ I I I I I I I di 6.00' 1 P.O.B. LEGAL DESCRIPTION: SEE PAGE 2 OF 2 R J a f 1 R, This does not constitute a legal survey, drawing is for informational purposes only.' Scale: "-SY Exhibit A PAGE I OF 2 zi O i TIE---, asp¢ di 6.00' 1 P.O.B. LEGAL DESCRIPTION: SEE PAGE 2 OF 2 R J a f 1 R, This does not constitute a legal survey, drawing is for informational purposes only.' Scale: "-SY Exhibit A PAGE I OF 2 Book: 1160 Page: 1162 South Ohio Street - Project No: 85 U-2005-01 Tract 8 John R. Westhusin . TEMPORARY EASEMENT A tract of land in the North 17 feet of Lot 16, and the South 55 feet of Lot 15, Block 11, Bonnie Ridge Addition to the City of Salina, Saline County, Kansas and described as follows: Beginning at the southeast comer of said North 17 feet of Lot 16; Thence westerly along the south line of said North 17 feet of Lot 16, on an assumed bearing of N 89°28'33" W, a distance of 6.00 feet; Thence N 03°56'55" E, a distance of 72.13 feet to a point the north line of said south 55 feet of Lot 15; Thence S 89028'33" E, along said north line, a distance of 2.00.feet to the northeast corner of said south 55 feet of Lot 15; Thence S 00'46'11 " W along the east line of said Lots 16 and 15, a distance of 72.00 feet to the POINT OF BEGINNING. Said tract contains 288.0 square feet, more or less. 5 �y-aG LS - 902 DO, cak Y-tU (�Q2, Exhibit B