Pt Lots 13 and 14, Block 11
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AGREEMENT oJ. j. j
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This Agreement is made this I"t"'"'day of AttgUst, 2007, by and between WILLIE B.
JOHNSON and V ADA M. JOHNSON, 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
Six Hundred and Fifty Dollars ($650.00) 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
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. 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 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"
fAL'
Willie B. Johnson
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Vada M. Jo~on
CITY OF SALINA, KA~
BY~~" rJ (l
J on A. Gage, City Manager
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LEGAL DESCRIPTION:
South Obio Street
I'l1ljoet No: 85 V-2OOS-0!
Tract 6
Willie B. &. Vada M. Jobnson
TEMPORARY EASEMENT
A lr2CI of bod in the North 33 foe!ofLo! 14, and the Soutb 39 foe! of Lot 13, Block II,
Bonnie Ridge Addition to the Cily of Salina, Saline County, Kansas 8nd described .. follo\\~:
Beginning It lbe southeast corner of said North 33 feet of Lot 14;
Thence westerly along the south line of said North 33 [cd of Lot 14, on an ISSl,Imed
bearing ofN 89'28'33" W, a distance of6.oo foel;
TItonc. N 16'55'22" W, a disl>nOe ofl6.45 fee~
TItoneeN 09"50'42" E, a distance of57.06 fcello a point lhenorth line nfsaid south 39
feet ofLoIB;
TItonee S 89"28'33" E, along said north line, a distance of2.00 foet to the northeast
comerofsaidsoutb39 foetofLotl);
Tb.n.e S 00"<10'11" W aJons Ibe _lineofSaid Lots 14 and 13, adistanee of72.00 foet
to the POINT OF BEGlNNlNO.
Said tract contains 499.4 square feet. mote or less.
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Exhibit: A
Project No: 85 U-2005-01
Tract No.: 6
Address: 2810 South Ohio Street Salina, Kansas 67401
Page 15
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EASEMENT ACQUISITION DRAWING:
EASEMENT ACQUISITION
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f]{INER, Willie 8. & Vada /J. Johnsan
SALINA. KS 61401
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LEGAL DESCRIPTION,
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SEE PAGE 2 OF 2
'This does r(:.( ccnsIitule a
legal srnvey. drMnti is for
;nf"tvltlntirwvlt rwlN'Ylt';A.<:. nrW.
SCcIe, 1'-50'
PAGE I OF 2
Exhibit: B
Project No: 85 U-2005-01
Tract No.: 6
Address: 2810 South Ohio Street. Salina, Kansas 67401
Page 14
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TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this _ day of September, 2007, by and between WILLIE B.
JOHNSON and V ADA M. JOHNSON, 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 September, 2007.
Willie B. Johnson
Vada D. Johnson
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this _ day of September, 2007, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Willie B. Johnson
and Vada D. Johnson, 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.
Notary Public
Exhibit C
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/'-";;"'" REBECCA SEEMAN
<~~""""""'~~::fEGrSTER OF DEEDS SALINE COUNTY KANSAS
('~(".';:':' \' "j' Book: 1160 Page: 11B3
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, . ;.....? E" E D ~........ / Receipt .. -1-1538 '
I.\\\~.~"~,.,;>,f Psge. Re~orded:" C. k.1 Recording Fee: .20.00
"",,- 1\1 tW.wu:n.. J$.Iliihna.U
Date Recorded: 10/912007 1:03:20 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: 1184
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this/ cr day of September, 2007, by and between WILLIE B.
JOHNSON and V ADA M. JOHNSON, 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 this 13-'\t\Pay of September, 2007.
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STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this ~ay of September, 2007, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Wi1\ie B. Johnson
and Vada.d Johnson, husband and wife, who are personally known to me to be the same persons
who exe~:ited 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.
1\. PATRICIAJ. PILLARD
~ Notal)' Public ~ State of Kansas
My Appt. Expires Jan. 31, 2010
M~ '.n )rr:~<Q
Notary Public
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EASEMENT ACQUISITIQijOH: 1160 Page: 1185
OWNER: Willie B. & Vada M. Johnson
SAUNA. KS67401
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LEGAL DESCRIPTION:
SEE PAGE 2 OF 2
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Scale: 1'=5~
'This does not constitute a
legal survey. drawing is for
informational purposes only.'
Exhibit: A
PAGE I OF 2
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Book: 1160 Page: 1186
South Ohio Street
Project No: 85 V-2005-01
Tract 6
Willie B. & Vada M. Johnson
TEMPORARY EASEMENT
A tract ofland in the North 33 feet of Lot 14, and the South 39 feet of Lot 13, Block 11,
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Bonnie Ridge Addition to the City of Salina, Saline County, Kansas and described as follows: '
Beginning at the southeast corner of said North 33 feet of Lot 14;
Thence westerly along the south line of said North 33 feet of Lot 14, on an assumed
bearing ofN 89028'33" W, a distance of 6.00 feet;
Thence N 16055'22" W, adistance of 16.45 feet;
Thence N 09050'42" E, a distance of57.06 feet to a point the north line of said south 39
feet of Lot 13;
Thence S 89028'33" E, along said north line, a distance of2.00 feet to the northeast
corner of said south 39 feet of Lot 13;
Thence S 00046'11" W along the east line of said Lots 14 and 13, a distance of 72.00 feet
to the POINT OF BEGINNING.
Said tract contains 499.4 square feet, more or less.
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Exhibit: B