Pt Lot 14 & 15, Block 11
,
"
AGREEMENT
, This Agreement is made this 2/ day of August, 2007, by and between KYLE 8. JONES
(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 Temporarv 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. Term of Possession. The Temporary Easement shall be effective for a term
commencmg 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. Closing. 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. Nonassignable. The Owner's rights under this Agreement shall not be assigned
without the prior written consent ofthe 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"
K~~n?rL
By
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EASEMENT ACQUISITION
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Scale: 1'-50'
Exhibit A
LEGAL DESCRIPTION:
'This does not constitute a
legal survey, drawing is for
i nformotional purposes only.'
SEE PAGE 2 OF 2
PAGE I OF 2
South Ohio Street
Project No: 85 V-2005-01
Tract 7
TEMPORARY EASEMENT
A tract ofland in the North 25 feet of Lot 15, and the South 47 feet of Lot 14, 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 25 feet of Lot 15;
Thence westerly along the south line of said North 25 feet of Lot 15, on an assumed
bearing ofN 89028'33" W, a distance of2.00 feet;
Thence N 00046'11" E, a distance of72.00 feet to a point the north line of said south 47
feet of Lot 14;
Thence S 89028'33" E, along said north line, a distance of2.00 feet to the northeast
comer of said south 47 feet of Lot 14;
Thence S 00046'11" W along the east line of said Lots 15 and 14, a distance of 72.00 feet
to the POINT OF BEGINNlNG.
Said tract contains 144.0 square feet, more or less.
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Exhibit B
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this _ day of ,2007, by and between KYLE B.
JONES (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.
Kyle B. Jones
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 Kyle B. Jones, 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 ofthe 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
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..r..;.-...'t"~ ;"" REBECCA SEEMAN - --- - - - ~ - ------
,(-~_,;;,;,:,;,;;,~~EGrSTER OF DEEDS SALINE COUNTY KANSAS
, :, .". .. J Book: 1160 Page: 1155
. a fl'O" I : R .
II,~... ". .,.~./ .cetpt -; "''''538 R .
, I."" ~.~.->" Pag.. Recorded' olf r ^I .cordlng F.e: .2000
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Date Recorded: 10/912007 1:03:13 PM
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Grantor
Grantee
Type of Document
RecordinQ Fees
Mtg Reg Tax
Total Amount
Return Address
Temporary Construction Easement
$20.00
$0.00
$20.00
CLARK MIZE & LINVILLE CHARTERED
WILL PICK UP
:;;:-,...;
Book: 1160 Page: 1156
~
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this ?I~ay of ~rJtf(;fr, 2007, by and between KYLE B.
JONES (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 ofland
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 ofthe 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,
Easement this ;;1 ( Jt- day of fi'~lIjf
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the Grantor has signed this Temporary Construction
,2007.
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Kyl{B. Jones /
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on thisJ\$+day ofA,^-'e,~~' 2007, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Kyle B. Jones, 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.
~;'>a)~~
Notary Public
~. PATRICIAJ. PI.S0RD
~ Notary<Public~Stateo~Kansas
My Appt. Expires Jan. 31, 2010
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EASEMENT ACQUISITIObJ ..
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LEGAL DESCRIPTION:
SEE PAGE 2 OF 2
'This does not constitute a
legal survey, drawing is for
informational purposes only.'
1160 Page: 1157
-I 1-
Scale: /'-50'
Exhibit A
PAGE I OF 2
Book: 1160 Page: 1158
t....
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South Ohio Street
Project No: 85 V-2005-01
Tract 7
TEMPORARY EASEMENT
A tract ofland in the North 25 feet of Lot 15, and the South 47 feet of Lot 14, Bloc~ 11,
Bonnie Ridge Addition to the City of Salina, Saline County, Kansas and described as follows:
Beginning at the southeast comer of said North 25 feet of Lot 15;
Thence westerly along the south line of said North 25 feet of Lot 15, on an assumed
bearing ofN 89028'33" W, a distance of2.00 feet;
Thence N 00046'11" E, a distance of72.00 feet to a point the north line of said south 47
feet of Lot 14;
Thence S 89028'33" E, along said north line, a distance of2.00 feet to the northeast
comer of said south 47 feet of Lot 14;
Thence S 00046'11" W along the eastline of said Lots 15 and 14, a distance of 72.00 feet
to the POINT OF BEGINNING.
Said tract contains 144.0 square feet, more or less.
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Exhibit B
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