South High School Groundsmisr. eM173
GRANT OF PERMANENT EASEMENT
AND TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made thisaday of April, 2000, by and between UNIFIED
SCHOOL DISTRICT NUMBER 305 (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 are hereby acknowledged, does hereby grant, bargain, sell, and convey unto
the City the following:
Permanent Easement. A permanent easement in, through, over, and across a certain
portion of land owned by the Grantor, for all rights of ingress and egress of the City,
its servants, officers, employees, contractors, and franchisees, for purposes of
constructing and maintaining public utilities, street drainage, street signage, and
sidewalk improvements, in perpetuity.
Temporary Construction Easement. A temporary construction easement, in,
through, over, and across a certain portion of land owned by the Grantor, for all
rights of ingress and egress of the City, its employees, contractors, and franchisees,
for purposes of matching grade between project improvements and improvements
such as driveways and sidewalks, for a term of two years commencing with the date
of this Indenture.
all as legally described on the attached and incorporated Exhibit A, and as depicted on the
Engineering Drawings attached and incorporated as Exhibit B.
IN WITNESS WHEREOF, the Grantor has signed this Indenture the day and year first
above written.
UNIFIED SCHOOL DISTRICT NUMBER 305
By: ,
Je Lundgrin, Bo d resident
Attest:
Michael Soetaert, Board Secretary
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this a5 day of April, 2000, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Jerry Lundgrin,
Board President of Unified School District Number 305, and Michael Soetaert, Board Secretary,
who are personally known to me to be the same persons who executed as such officers the within
instrument of writing on behalf of Unified School District Number 305, and such persons duly
acknowledged the execution of the same to be the act and deed of said District.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year last above written.
MARILEE VANCIL
Notary Public • State of Kaneas
My Appt. Expires J.- a a -C z.. -
My appointment expires:
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-143 7e(a)(1 3)]
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Unified School District No. 305
City of Salina
Project 98-1138
Ohio Street, Tract 47
PERMANENT EASEMENT
A tract of land in the Northeast quarter of Section 36, Township 14 South, Range 3 West of the
6� Principal Meridian described as follows:
Commencing at the Northeast comer of said Northeast quarter, thence Westerly along the North
line of said Northeast quarter on an assumed bearing of N 89036'09"W a distance of 679.76 feet; thence S
000 11'45"W a distance of 55.00 feet to the point of beginning, thence continuing S 0001 1145"W a distance
of 15.00 feet; thence N 89036'09"W a distance of 1320.25 feet; thence N 00°11'45"13 a distance of 15.00
feet; thence S 89036'09"E a distance of 1320.25 feet to the point of beginning, containing 0.45 acres, more
or less.
CONSTRUCTION EASEMENT
Commencing at the Northeast comer of said Northeast quarter; thence Westerly along the North
line of said Northeast quarter on an assumed bearing of N 89°36'09"W a distance of 679.76 feet; thence S
00°11'45"W a distance of 70.00 feet to the point of beginning; thence N 89036109"W a distance of
1320.25 feet; thence S 00°11'45"W a distance of 30.00 feet, thence S 89036'09"E a distance of 1320.25
feet; thence N 00° 11'45"E a distance of 30.00 feet to the point of beginning, containing 0.91 acres, more
or less.
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Exhibit A
WILSON
&COMPANY
47
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EASEMENT ACQUISITION
OWNER: USD iP305 Board of Education
South High School
SALINA, KS 67401
USD #305 Board of Education
South High School
STATE OF KANSAS FILED FOR RECORD
COUNTY OF SALINE ll�� IN MY OFFICE AT
AND DULY
3DD—O'CLO" MAY 3 — 2000 RECORDED
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REG. Of DEEDS
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LEGAL DESCRIPTION:
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Exhibit B
PAGE l OF 2
GRANT OF PUBLIC RIGHT-OF-WAY
AND TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this —?5111(day of April, 2000, by and between UNIFIED
SCHOOL DISTRICT NUMBER 305 (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 are hereby acknowledged, does hereby grant, bargain, sell, and convey unto
the City the following:
Public Right -of -Way. A public right-of-way for the purposes of constructing,
repairing, replacing, and maintaining public street and drainage improvements,
traffic signals, and public utilities, in perpetuity.
Temporary Construction Easement. A temporary construction easement, in,
through, over, and across a certain portion of land owned by the Grantor, for all
rights of ingress and egress of the City, its employees, contractors, and franchisees,
for purposes of matching grade between project improvements and improvements
such as driveways and sidewalks, for a term of two years commencing with the date
of this Indenture.
all as legally described on the attached and incorporated Exhibit A, and as depicted on the
Engineering Drawing attached and incorporated as Exhibit B.
IN WITNESS WHEREOF, the Grantor has signed this Indenture the day and year first
above written.
UNIFIED SCHOOL DISTRICT NUMBER 305
By: Q, �- ��- ��
Je undgrin, Boar((Psident
Attest:
Michael Soetaert, Board Secretary
STATE OF KANSAS, SALINE COUNTY, ss:
STATE OF KANSASFILED FOR RECORD
COUNTY OF SALINE IN MY OFFICE AT
3'VDO'CLOCKMAY 3 - 2000 AND DULY
M RECORDED
1fOt _.
of MI SL• A7 PAGE 5 s33
REG. OF DEEDS
1� MAA 0.0, �s -OA r `01�
BE IT REMEMBERED, that on this a`5 day of April, 2000, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Jerry Lundgrin,
Board President of Unified School District Number 305, and Michael Soetaert, Board Secretary,
hist tlr -
who are personally known to me to be the same persons who executed as such officers the within
instrument of writing on behalf of Unified School District Number 305, and such persons duly
acknowledged the execution of the same to be the act and deed of said District.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year last above written.
MARILEE VANC;L
Notary Public - Stade of Kansas /
LMy A pt. Expires 9 x z- r% U-tc E -C �✓�� / :_ -ate'
Notary Public
My appointment expires: ' =—
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-143 7e(a)(1 3)]
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Unified School District No. 305
City of Salina
Project 98-1138
Ohio Street, Tract 46
RIGHT OF WAY
A tract of land in the parcel designated as School Grounds in the Plat of Belmont Addition to the
City of Salina, Saline County, Kansas described as follows:
Beginning at the Northeast comer of said School Grounds parcel; thence Southwesterly along the
Southeast line of said School Grounds parcel on an assumed bearing of S 53'20'00"W a distance of
294.00 feet; thence N 36°40'00"W a distance of 165.69 feet: thence N 57°5953W a distance of 85.88 feet
to a point on the North line of said School Grounds parcel: thence S 89036'00"E along said North line a
distance of 407.60 feet to the point of beginning, containing 0.77 acres, more or less.
CONSTRUCTION EASEMENT
A tract of land in the parcel designated as School Grounds in the Plat of Belmont Addition to the
City of Salina, Saline County, Kansas described as follows:
Commencing at the Northeast comer of said School Grounds parcel; thence Southwesterly along
the Southeast line of said School Grounds parcel on an assumed bearing of S 53°20'00"W a distance of
294.00 feet to the point of beginning; thence N 36140'00"W a distance of 165.69 feet: thence N
57°59'53"W a distance of 85.88 feet to a point on the North line of said School Grounds parcel: thence N
89036'00"W along said North line a distance of 34.20 feet; thence S 62108'36"E a distance of 114.95 feet;
thence S 46*41'43"E a distance of 23.21 feet; thence S 37124114"E a distance of 119.88 feet; thence S
25148109"E a distance of 20.16 feet to a point on the Southeast line of said School Grounds parcel; thence
N 53°20'00"E along said Southeast line a distance of 7.30 feet to the point of beginning, containing 2114
square feet, more or less.
Exhibit A
WILSON
&COMPANY
EASEMENT ACQUISITION ��,
4,6- Alisc. Bk J23—P, �3..�.
OWNER:USD +305
Grace E. Stewart School
SALINA, KS 67401
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Exist. R/W = 30.00' SL Sec. Line OHIO STREET
EAST LINE OF SOUTHEAST QUARTER OF SECTION 25, T14S R3W
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LEGAL DESCRIPTION:
SEE PAGE 2 OF 2
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'This does not constitute a
legal survey, drawing is for
informational purposes only.
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Exhibit B
PAGE l OF 2
AGREEMENT BETWEEN CITY OF SALINA and USD 305
Capital Projects — Streets
This Agreement is entered into this 0 day of April, 2000 by and between the CITY OF
SALINA, KANSAS (the "City") and UNIFIED SCHOOL DISTRICT NUMBER 305
("USD 305").
Recitals
A. The City of Salina and USD 305 both have major construction projects on or near
Ohio Street scheduled for 2000. The City has the South Ohio Corridor Project,
and USD 305 has its new Middle School project. The City's project requires the
acquisition of right-of-way from USD 305, and the School District project
requires certain improvements to public streets.
B. In order the expedite each of these public improvement projects and most
effectively use local tax dollars allocated to these projects, the City and USD 305
wish to cooperate on each of these important projects by taking the specific
actions outlined in this agreement.
THE PARTIES therefore agree:
Interests in Real Estate to be Conveyed. USD 305 agrees to convey to the City
the public right-of-way, permanent easement, and temporary construction
easement relating to both the north boundary of the South High School site
adjacent to Magnolia Road and a portion of the Grace E. Stewart Elementary
School site adjacent to the intersection of Ohio Street and Belmont Boulevard, as
follows:
a. South High School. Permanent easement and temporary construction
easement in the form attached as Exhibit A-1, legally described on the
attached Exhibit A-2, and depicted on the engineering drawing attached as
Exhibit A-3.
b. Grace E. Stewart. Public right-of-way and temporary construction
easement in the form attached as Exhibit B-1, legally described on the
attached Exhibit B-2, and depicted on the engineering drawing attached as
Exhibit B-3.
2. Work to be Performed by City. In exchange for the grant of the interests in real
estate described in paragraph 1, the City agrees to perform the following work:
a. Re -landscape the area along Magnolia Road adjacent to South High
School along with the re -landscaping of the similar area along the north
edge of Jerry Ivey Park. The City and School District will consult and
agree upon the landscaping and sidewalk plans.
b. Re -landscape the area along the new section of Oxford/Wayne, connecting
with Belmont Boulevard., adjacent to the east edge of the Grace E.
Stewart School site.
C. Construct the necessary public improvements to Circle Drive, east from
the North Ohio Street intersection, as outlined in the final plans for the
new Middle School.
d. Assume future responsibility for needed public improvements for
pedestrian and traffic safety on North Ohio Street, as related to the New
Middle School.
3. Execution of Right -of -Way Deed and Easements. Upon the approval and
execution of this agreement, the authorized officers for USD 305 shall execute
and deliver to the City the original documents conveying the interests in real
estate described in paragraph 1 above. The City shall record those documents in
the office of the Saline County Register of Deeds at the City's expense.
4. Possession. The City shall be entitled to possession of the right-of-way,
permanent easement, and temporary construction easements immediately upon
receipt of the original documents conveying those interests from USD 305 to the
City. The temporary construction easements shall be effective for a term of two
years, commencing upon the date of the documents conveying the temporary
construction easements.
EXECUTED the date and year first above written by the duly authorized officers of the
parties.
CITY OF SALINA, KANSAS
ATTEST:
bara Weber, Acting City Clerk
/A.,*�k
I/Onte Shadwick, Mayor
UNIFIED SCHOOL DISTRICT 305
J Lundgrin, Bo d resident
0:
ATTEST:
Michael Soetaert, Board Secretary
CITY OF
SALINA, KANSAS
City Attorney
Greg A. Bengtson
(913) 823-6325
May 8, 2000
Hand delivered
Barbara Weber
Acting City Clerk
City of Salina
P.O. Box 736
Salina, KS 67402-0736
Re: South Ohio Corridor Improvement Project
Dear Barbara:
129 South 8th
P.O. Box 380
Salina, KS 67402-0380
Enclosed is the following document for safekeeping in connection with the referenced project:
Tract No. Name of Property Owner(s)
46 Unified School District No. 305
47 "
Sincerely,
Sue Gray CLA, Legal Assistant to
Greg A. Bengtson, City Attorney
sg
enc.
Name of Document(s)
Agreement between City of Salina and
U.S.D. 305 — Capital Projects —
Streets; Grant of Right -of -Way and
Temporary Construction Easement
Grant of Permanent Easement and
Temporary Construction Easement
CC. Shawn O'Leary, Director, Engineering & General Services, w/copies of documents