Pt Lot 2, Block 3
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AGREEMENT
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This Agreement is made this ~ day of June, 2007, by and between SOUTH OHIO
LAND, LLC (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:
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
Two Thousand Forty Dollars ($2,040.00) 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"
SOUTH OHIO LAND, LLC
By J?:r7W:r1
Roy . Appl uist, Manager
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CITY OF SALINA, KANSAS
By ~ J~ () ,Ii~t-
Ja n A. Gage, CIty Man ger
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P.O.B.
8.29'
Lot 2. Blk. 3
The Corrected Plat of
Liberty Addition No.2.
Sec. I T/5S R3W
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LEGAL DESCRIPTION:
SEE PAGE 2 OF 2
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EASEMENT ACQUISITION
OWNER: South Ohio Land LLC
SALINA. KS 67401
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'T his does not constitute 0
legal survey, drawing is for
informational purposes only.'
Sec. Line
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Scale: 1'-50'
.Exhibit A
PAGE / OF 2
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South Ohio Street
Project No: 85 U-2005-0l
Tract 20
South Ohio Land LLC
TEMPORARY EASEMENT
A tract ofland in the Lot 2, Block 3, of "The Corrected Plat of Liberty Addition N~. 2" to
the City of Salina, Saline County, Kansas and described as follows:
Beginning at the northeast comer of said Lot 2
Thence Southerly along the east line of said Lot 2, on an assumed bearing ofS 03001 '09"
. E, a distance of2l9.26 feet;
Thence S 00049'37" W along said east line, a distance of 49.37 feet;
Thence N 89010'23" W, a distance of2.00 feet;
Thence N 03039'08" W, a distance of268.90 feet to a point the north line of said Lot 2;
Thence S 89034'58" E along said north line, a distance of 8.29 feet to the POINT OF
BEGINNING.
Said tract contains 1743.0 square feet, more or less.
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Exhibit B
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TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this _ day of , 2007, by and between SOUTH
OHIO LAND, LLC, (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.
SOUTH OHIO LAND, LLC
By
Roy E. Applequist, Manager
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 Roy E. Applequist,
Manager of South Ohio Land, LLC, 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 limited liability company.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year la
st above written.
Notary Public
Exhibit: C
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.r".",,, REBECCA SEEMAN
/:.,~""';'~,~;\REGISTER OF DEEDS SALINE COUNTY KANSAS
(:~,;,,,,,,,,<.\ Book: 1160 PElge: 1202
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:;""'~, ~EO~,,/./ Receipt #: "'''''538 r ^ J Recording F..: .20.00
I.j\\~ ~,~...;~ Pag.. R,col"'d.d: ... L.iV t&utu:n.. ~n,,_,._ \
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OElte Recorded: 10/912007 1:03:25 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: 1203
TEMPORARY CONSTRUCTION EASEMENT
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THIS INDENTURE, made this t day of W\Q.... , 2007, by and between SOUTH
OHIO LAND, LLC, (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 WITN~S WH~REOF, the Grantor has signed this Temporary Construction
Easement this ~ day of --J ~ , 2007.
SOUTH OHIO LAND, LLC
By Rq1t:;i~
Roy E. App equist, Manager
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this .;2S day of CA.v",-<- , 2007, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Roy E. Applequist,
Manager of South Ohio Land, LLC, 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 limited liability company.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official
seal the day and year la
st above written.
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Notary Public
J!l. SHELDON A MUNINGER
~ Notary Public - State of Kansas
My Ap t. Exp;re. / -;;;; -II
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P.O.B.
8.29'
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Lot 2. Blk. 3
The Corrected Plat of
Liberty Addition No.2
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LEGAL DESCRIPTION:
SEE PAGE 2 OF 2
(NINER: South Ohio Land LLC
SALINA. KS 67401
EASEMENT ACQUISITION
Book: 1160 Page: 1204
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'This does not constitute a
legal survey, drawing is for
informational purposes only.'
Sec. Line
-1 ~
Scale: 1'-50'
. Exhibit A
PAGE I OF 2
Book: 1160 Page: 1205
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South Ohio Street
Project No: 85 V-2005-0l
Tract 20
South Ohio Land LLC
TEMPORARY EASEMENT
A tract of land in the Lot 2, Block 3, of "The Corrected Plat of Liberty Addition No.2" to
the City of Salina, Saline County, Kansas and described as follows:
Beginning at the northeast corner of said Lot 2
Thence Southerly along the east line of said Lot 2, on an assumed bearing ofS 03001'09"
. E, a distance of219.26 feet;
Thence S 00049'37" W along said east line, a distance of 49.37 feet;
Thence N 89010'23" W, a distance of 2.00 feet;
Thence N 03039'08" W, a distance of268.90 feet to a point the north line of said Lot 2;
Thence S 89034'58" E along said north line, a distance of8.29 feet to the POINT OF
BEGINNING.
Said tract contains 1743.0 square feet, more or less.
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Exhibit B