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Pt Lot 17, Block 11 , -" ~. '1:; .' " AGREEMENT This Agreement is made this 27 day of June, 2007, by and between DERRIC LADON THOMPSON (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. 8. 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: I. 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 Thirty Dollars ($530.00) 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. 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" 12; A ~ <,- ; , Derric LaDon Thompson CITY OF SALINA, KANSAS -2- j'O EASEMENT ACQUISITION OWNER: Derric Landon Thompson SALINA KS 67401 I l' ,.-------- . --- II I I----~ I II . f-----------------JI I----~ I ! , I. . _'un)1 I /- ::::.~--~ ~'i3 t6 I ~~ T/E.~~ c; ...."0 0 0'- . -J Cl:: C\J "- >. '" . IT> L C\J._ 0 "- c:: . . ~ \.f) V)CQ '" - ---- 10.00'. P.O.B. c I I I I~ ,~ /] ~ ~ 0' ~ <r) ""I Q! ~ h <D ") ; lJ... o '" Cl:: .~ Lu-J I-- . Cl:: 2 '<(v) ~ I-- V) ~ &i ~ ~ -J bi L5 I I I I I I I I I I I I I / I I I / I -I ~ Scale: 1'-50' SEE PAGE 2 OF 2 'This does not constitute a legal survey. drawing is for informational purposes only.' Exhibit A LEGAL DESCRIPTION: PAGE I OF 2 . .' . South Ohio Street Project No: 85 U-2005-01 Tract 10 Derric Landon Thompson TEMPORARY EASEMENT A tract of land in the South 72 feet of Lot 17, Block 11, Bonnie Ridge Addition to the City of Salina, Saline County, Kansas and described as follows: Beginning at the southeast comer of said Lot 17; Thence westerly along the south line of said Lot 17, on an assumed bearing ofN 89030'44" W, a distance of 10.00 feet; Thence N 10043'56" W, a distance of35.09 feet; Thence N 08012'26" E, a distance of38.63 feet to a point the north line of said south 72 feet of Lot 17; Thence S 89028'33" E, along said north line, a distance of 12.00 feet to the northeast comer of said south 72 feet of Lot 17; Thence S 00046' 11" W along the east line of said Lot 17, a distance of 72 feet, more or less, to the POINT OF BEGiNNING. Said tract contains 10 19.7 square feet, more or less, ~..""""U"'jl,, .'~\ t. E,. ROe" '" .......~ ...t.....c;~;;." . .:..,.~ ..~, 'D T E Ii.... ~'.,-:. ~ -;,etc,"V' ~. ~ I :~ b"-If..d(" 0\ ~ . I . . ; . . i \ LS-902 : : . . ~ . ~ . . .. ~"" .A N . Exhibit B TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this 27th day of June, 2007, by and between DERRIC LADON THOMPSON, (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 27th day of June, 2007. Derric LaDon Thompson STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this 27th day of June, 2007, before me, the undersigned, a notary public in and for the county and state aforesaid, came Derric LaDon Thompson, 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 on behalf of the corporation. 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 ~,,;; ~- ,~ ,r"''';''''< REBECCA SEEMAN ,'-:!,~..",..e.~~'/lEGISTER OF DEEDS SALINE COUNTY KANSAS ('~~';':;'.':"?j Book: 1160 PllgB: 1167 . \ a E ~ '0" .!..: . \....." .,,...-.. Receipt #: ....538 eN Recording F... .2000 '\\,~ ~"~',\;..." Pag.. Recorded: ..' /),. __. JJ . """~- IUI.JlarJ,...J(O~ DII t e Recorded: 10/9/2007 1:03 :16 PM Grantor Grantee Type of Document Recordinq Fees Mtg Reg Tax Total Amount Return Address Temporary Construction Easement $20.00 $0.00 $20.00 CLARK MIZE & LINVILLE CHARTERED WILL PICK UP :-- -' Book: 1160 Page :1168 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this 27th day of June, 2007, by and between DERRIC LADON THOMPSON, (the "Grantor"), and the CITY OF SALINA, KANSAS, a municipal corporation (the "City"). WITNESSETH: The Grantor, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell, and convey unto the City, a temporary construction easement in, through, over, and across a certain portion of land owned by the Grantor, as depicted and legally described on the attached and incorporated Exhibits A and B (the "Temporary Easement"), for all rights of ingress and egress of the City, its employees, contractors, and franchisees, for the purpose of matching grade between project improvements and improvements such as driveways and sidewalks, for a term of two (2) year commencing with the date of this indenture. IN WITNESS WHEREOF, the Grantor has signed this Temporary Construction Easement this 27th day of June, 2007. I ~l2h ~~-- Derric LaDon Thompson STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this 27th day of June, 2007, before me, the undersigned, a notary public in and for the county and state aforesaid, came Derric LaDon Thompson, who is personally known to me to be the same person who executed the above and foregoing instrument of writing and duly acknowledged the execution of the same on behalf ofthe corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name ,and affixed my official seal the day and year last above written. ~J~C~ ~ A. GERALDINE F. HALL Notary Public ... No!lIry Public. 51.1. 01 K.n... MAt. E Ira. Ju 23,2010 /..0 EASEMENT ACQUISITIO~ook: 1160 Page: 1169 OWNER: Derric Landon Thompson SALINA KS 67401 I [' I--~--------~--------- _ II I I----~ , !I - I j f-~~--------- L I----~ I ! I ~ _ 12'00'~' I ,- ::::~--~ - "- ") ~~ (,Q ., ~~ T/E.~$f ~ -<-"<> C) 0.- . -.JQ:: C\J L ~,~ . t '"- . .~ ~ V) d3 '" - ---- 10.00'. P.O.B. I: I: Ii I~ '--I~ I] I tJ L"j ~ C)' ~ vi ~l ~ ~ f::: <0 ") ~ V) lJ.. C) '" Q:: .0: L"j-.J &:~ 8 l- V) C'j ~ ~ L"j 2:: -.J l- V) C'j I , I I I I I I I I I I I I I I 1 I I 1~~ Scale: /'-50' SEE PAGE 2 OF 2 'This does not constitute a legal survey. drawing is for informational purposes only.' PAGE I OF 2 LEGAL DESCRIPTION: Exhibit A BOOk: 1160 Page: 1170 ~../ . ,:.... South Ohio Street Project No: 85 V-2005-01 Tract 10 Derric Landon Thompson TEMPORARY EASEMENT A tract ofland in the South 72 feet of Lot 17, Block 11, Bonnie Ridge Addition to the City of Salina, Saline County, Kansas and described as follows: Beginning at the southeast corner of said Lot 17; Thence westerly along the south line of said Lot 17, on an assumed bearing ofN 89030'44" W, a distance oflO.OO feet; Thence N 10043'56" W, a distance of35.09 feet; Thence N 08012'26" E, a distance of 38.63 feet to a point the north line of said south 72 feet of Lot 17; Thence S 89028'33" E, along said north line, a distance of 12.00 feet to the northeast corner of said south 72 feet of Lot 17; Thence S 00046'11" W along the east line of said Lot 17, a distance of 72 feet, more or less, to the POINT OF BEGJNNING. Said tract contains 1019.7 square feet, more or less; ~,'tI"I-"llfr .,~,t. E. R08t;..... .....l.., ....t.t... J9~", ~.. ~,:.~\ ~ E~...'.r'''" ~o,.<V'\3 ~. ":- i lQ:: ~_If..'(, 0\ ~ . I . . : . . t \ LS-902 : : -.. . ~ '. '. '. I:> ,tj./ ':'\~. tr \ ~~of~ tJrmtw:j W iM. (liCk up Exhibit B