Columbus, Georgia

State of Georgia

County of Muscogee



ENCROACHMENT AGREEMENT



WHEREAS, a survey was made by Jordan, Jones & Goulding, on April 28,

2003 entitled ?Boundary Survey, Part of Howard Survey, Lying Within Land Lot

12, Coweta Reserve, Columbus, Muscogee County, Georgia, for Litho-Krome

Company, Cargill Development, Judith Whitaker, General Counsel?, describing

certain property owned by Litho-Krome Company, a Delaware corporation, (?LKC?)

and more particularly described on Exhibit A attached hereto and made a part

hereof by this reference, and shown on a copy of said survey attached hereto as

Exhibit B and made a part hereof by this reference (the ?Property?).



AND WHEREAS, said survey discloses an encroachment of a building (the

?Building?) owned by LKC upon said Property by one-half (0.5?) feet (the

?Encroachment Area?) into the right-of-way of 11th Avenue (a 45 foot

right-of-way), said right-of-way being owned by Columbus, Georgia, a public

body, corporate and politic (?CG?).



AND WHEREAS, CG and LKC acknowledge that LKC plans to sell the Property

and desire to enter into this Agreement in order that any purchaser and its

successors and/or assigns, as well as, any parties rendering opinions of title

or title insurance pertaining to the Property, may rely on the representations

herein.



NOW THEREFORE, in consideration of the premises, and of valuable

consideration paid by LKC and CG to each other, the sufficiency and receipt of

which are hereby acknowledged, LKC, its successors and/or assigns, hereby

disclaims any right, title, or interest in any portion of said right-of-way

upon which is lying or situated said Building. CG acknowledges that it has no

current plans to remove said Building from the right-of-way of 11th Avenue, and

grants LKC, its successors and/or assigns, the right to have the Building

remain in its current location. LKC, its successors and/or assigns, agrees to

remove said Building in the event CG determines that it requires the

Encroachment Area for right-of-way purposes, after one hundred eighty (180)

days? written notice by CG who shall deposit written notice thereof in the U.S.

mails, certified, return receipt requested, addressed to LKC, or any of LKC?s

successors and/or assigns, at 2405 Grand Avenue, Suite 200, Kansas city,

Missouri 64108, or such other address as LKC, its successors and/or assigns,

may designate from time to time. In order to prove that such request to remove

Building has been made and notice given, CG may make a sworn affidavit reciting

such state of facts and file same in the land records of Muscogee County,

Georgia. This affidavit shall be conclusive proof that the Building may no

longer be located in the said right-of-way, and that notice was duly provided.









IN WITNESS whereof, LKC and CG have caused its duly authorized officers

to execute this instrument under seal, this _____ day of May, 2003.



Litho-Krome Company



By: ___________________(SEAL)

Name: _________________

Title: __________________



Attest: _________________(SEAL)

Name:__________________

Title: ___________________

Sworn to and subscribed before

me this ___ day of May, 2003.



(Corporate Seal)

________________________:

Unofficial Witness

________________________:

Notary Public

State of ___________________

County of _________________

Comm. Exp.________________

(Notarial Seal)















































COLUMBUS CONSOLIDATED GOVERNMENT



By: ____________________________(SEAL)

Name: __________________________

Title: ___________________________





Attest: __________________________(SEAL)

Name: __________________________

Title: ___________________________



Sworn to and subscribed before

Me this ____ day of May, 2003.

_________________________:

Unofficial Witness

_________________________:

Notary Public

State of ____________________

County of __________________

Comm. Exp. ________________



(Notarial Seal)



APPROVED AS TO FORM:



______________________:

Clifton Fay, City Attorney





































EXHIBIT ?A?

LEGAL DESCRIPTION



All that lot, tract or parcel of Land Lying Land Lot 12, Coweta Reserve,

Columbus, Muscogee County, Georgia, shown and depicted as ?0.47 Acres +/-

(20,535 S.F.)? on that

certain map or plat entitled ?Boundary Survey, Part of Howard Survey, Lying in

Land Lot 12, Coweta Reserve, Columbus, Muscogee County, Georgia for Litho-Krome

Company, Cargill Development, Judith Whittaker, General Counsel, prepared by

Jordan, Jones & Goulding, Mitchell J. Paulk, GA RLS #2775, dated April 28,

2003, recorded in Plat Book ____, Folio ____, in the Office of the Clerk of

Superior Court of Muscogee County, Georgia, to which reference is hereby made

for a more particular metes and bounds description of said property.