Pt Lot 19, Block 9
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AGREEMENT
This Agreement is made this.;?!l>day of June, 2007, by and between CARL E.
SIMMONS and LORI A. SIMMONS, husband and wife (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
Three Thousand Eight Hundred Thirty Dollars ($3,830.00) for the Temporary Easement, as
follows:
Total
$ 450.00
3.380.00
$3,830.00
a.
b.
Temporary easement
Fencing
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.
Owner shall:
Closing. Closing shall take place on or before July _,2007. At closing the
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 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"
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Carl E. Simmons
~p. .~o~
ori A. Simmons
By
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2 EASEMENT ACQUISITION
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LEGAL DESCRIPTION: 'This does not constitute a Exhibit A
legal survey. drawing is for
SEE PAGE 2 OF 2 informational purposes only.' PAGE I OF 2
South Ohio Street
Project No: 85 U-2005-0l
Tract 2
TEMPORARY EASEMENT
A tract ofland in the East 61 feet of Lot 19, Block 9, Bonnie Ridge Addition to the:City of
Salina, Saline County, Kansas and described as follows: '
Beginning at the southeast corner of said Lot 19;
Thence westerly along the south line of said Lot 19, on an assumed bearing of N 89036'28"
W, a distance of7.00 feet;
Thence N 01011 '39" E, a distance cjf 134.93 feet, more or less to a point on the north line of
said Lot 19;
Thence S 89036'28" E, a distance of 6.00 feet to the northeast corner of said Lot 19;
Thence S 00046'11" W along the east line of said Lot 19 a distance of135.00 feet, more or
less to the POINT OF BEGINNlNG.
Said tract contains 876.6 square feet, more or less.
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Exhibit B
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this _ day of ,2007, by and between CARL E.
SIMMONS and LORI A. SIMMONS, husband and wife (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 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.
Carl E. Simmons
Lori A. Simmons
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 Carl E. Simmons and
Lori A. Simmons, husband and wife, who are personally known to me to be the same persons
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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.$....;~-..~'~"'li REBECCA SEEMAN
(,~;~;~,:;~,;;,~~EGISTEBR OFk OE1E106S0SApLlNE COUNTY KANSAS
"t',,,. /)' 00: age: 1191
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'1' ...... ,,/4./ ICllpt : "t1538 tJ R d' F .2
I\ll~ ~"~'~',,~.. PIg.. Rlcord,d: ~ C ICOf' If\Q Ie: 0.00
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Oate Recorded: 10/912007 1:03:22 PM
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
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Book: 1160 Page: 1192
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made thi~day of~ ,2007, by and between CARL E.
SIMMONS and LORI A. SIMMONS, husband and wife (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 thi~tu~day o~ ,2007.
t~['
Carl E. Simmons
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Lori A. Simmons
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on thi~day of~ ,2007, before me, the
undersigned. a notary public in and for the county and state aforesaid. came Carl E. Simmons and
Lori A. Simmons, husband and wife, who are personally known to me to be the same persons
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.
.. C::RAlDINE F. HALL
.. N(''Y Public- Slate.f Ken...
AE~E lroe J 23, 2010
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Notary Public
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EASEMENT ACQUISITID8bo~: 1160 Page: 1193
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LEGAL DESCRIPTION:
SEE PAGE 2 OF 2
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Scale: 1'~50'
Exhibit A
'This does not constitute a
legal survey. drawing is for
informational purposes only.'
PAGE f OF 2
Book: 1160 Page: 1194
"
South Ohio Street
Project No: 85 U-2005-01
Tract 2
TEMPORARY EASEMENT
A tract ofland in the East 61 feet of Lot 19, Block 9, Bonnie Ridge Addition to the;City of
Salina, Saline County, Kansas and described as follows: .
Beginning at the southeast comer of said Lot 19;
Thence westerly along the south line of said Lot 19, on an assumed bearing of N 89036'28"
W, a distance of7.00 feet;
Thence N 01011 '39" E, a distance of 134.93 feet, more or less to a point on the north line of
said Lot 19;
Thence S 89036'28" E, a distance of 6.00 feet to the northeast comer of said Lot 19;
Thence S 00046' II" W along the east line of said Lot 19 a distance of 135.00 feet, more or
less to the POINT OF BEGINNING.
Said tract contains 876.6 square feet, more or less.
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Exhibit B
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