Plat 12. Lot 2 ,. .
TEMPORARY CONSTRUCTION EASE'ENT
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This Indenture, made this . / ' day of October, 1977, by and between
• ALVIN V. BURKHPRDT and EVELYN BURKHARDP, his wife, of Salina, Kansas, of the
first part, and the CITY OF SALINA, KANSAS, a municipal corporation, of
the second part, WITNESSETH:
That the said parties of the first part for a good and valuable con-
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sideration, the receipt and sufficiency of which is hereby acknowledged,
do by these presents, grant, bargain, sell and convey unto the party of
the second part, a temporary construction easement in, over and across
a certain portion of land owned by the first parties more particularly
described as follows:
A tract of land situated in the South Fifty Feet (S 50' )
of the North One Hundred Feet (N 100') of the Fast One Hund-
red Sikty-five Feet (E 165') of Lot Eight (8) , Surveyor's
Plat 12 of the City of Salina, Saline County, Kansas, more
particularly described as follows:
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Commencing at an iron bar located at the Northeast
corner of Lot Two (2) of said Surveyor's Plat 12 and said
iron bar also being 35.0 feet South of the centerline of
Gypsum Avenue and 35.0 feet West of the centerline of Ohio
Street; thence S 1°39'58.3" E along the West right-of-way
line of Ohio Street a distance of 330.23 feet to the South-
east corner of the South 50 feet of the North 100 feet of
the East 165 feet of .said Lot 8, Surveyor's Plat 12; thence
S 88°06'17.4" W along the South line of the North 100 feet
of said Lot 8 a distance of 55.0 feet to the point of be-
ginning; thence continuing S 88°06'17.4" W along the South
line of the North 100 feet to said Lot 8, Surveyor's Plat
12, a distance of 55.0 feet; thence N 1°53'42.6" W a dis-
tance of 30.0 feet; thence N 88°06'17.4" E a distance of
50.0 feet; thence S 1°53'42.6" E a distance of 30.0 feet
to the point of beginning,
for all the rights of ingress and egress of said second party, its servants,
officers, employees and contractors for the purpose of constructing and in-
stalling a public street and the relocation of a garage on Lot Eight (8) ,
Surveyor's Plat 12 to the City of Salina, Saline County, Kansas.
IN WITNESS WHEREOF, the parties of the first part have hereunto set
their hands the day and year first above written.
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4 vin V. Burkhardt
Evelyn pfirkhard
STATE OF KANSAS, SALINE COUNTY,ss:
BE IT REMEMBERED, that on this 3/ 40 day of October, 1977, before
me, the undersigned, a Notary Public in and for the county and state afore-
said, came Alvin V. Burkhardt and Evelyn Burkhardt, his wife, to me per-
sonally known to be the same persons who executed the within instrument of
writing and duly acknowledged the execution of the same.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed
miy official seal the day and year last above written.
�:.GAy'�∎1
O 51 1 c�. � c ,y `�
-v • SE �
Notary Pub
% r NO T ARY • �C▪ �
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5. N: P 1C�s S n Expires a -c� / - 'fit/
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THE CITY OF SALINA KANSAS ORDER NO OZ799•
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PURCHASE ORDER -. CHECK NO.' 61313
DATE PAID -11-1-77• "
DATE 11-1-77 •
Alvin V. & Evelyn Burkhardt FUND CHARGE Construction
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TO: CODE . AMOUNT
L 65-26
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QUANTITY DESCRIPTION UNIT PRICE AMOUNT
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Temporary Construction easement-for street
improvement - 200.00
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SHIPPING INSTRUCTIONS: This is
your authorization to fill the above order. RETAIN THIS COPY
FOR YOUR FILES, and return invoice for items shipped, to the
• :City of Salina, Box 746. Salina, Kansas.67401. NO BACK ORDER,
SHIP TO: - such items will be reordered, if 'needed. •
. Purchasing Agent - Director of Finance
SAUNA, KANSAS 67401 - •
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• _ VENDOR'S COPY
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f:
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AGP.EF}IENP
This Agreement, made and entered into this aVeLl day of October,
1977, by and between the CITY OF SALIVA, KANSAS, a municipal corporation, -
hereinafter referred to as the "City", and ALVIN V. BURKHARDT and EVELYNE
BURKHARDT, his wife, of Salina, Kansas, hereinafter referred to as the
"Owners", WITNESSETH:
WHEREAS, the Owners are the record title owners of the real estate
described on the Survey attached hereto marked Exhibit "A" and made a
part hereof by reference; and,
WHEREAS, the City has determined that it is necessary to acquire
a temporary. construction easement over the property described on Exhibit
"A" and to change the location of the present driveway to said property
for the purpose of constructing an access street from Ohio to Kenwvod
Park; and,
WHEREAS, both parties desire to avoid the expenses connected with
a condemnation action being instituted by the City against the Owners
for the acquisition of this property.
NOW THEREFORE, it is mutually agreed by and between the parties here-
to as follows:
(1) . Property: Owners agree to grant to the City and the City agrees
to purchase from the Owners a temporary easement in the real estate described •
on Exhibit "A" on the terms and conditions herein specified.
(2) . Purchase Price: City agrees to pay to the Owners and the Owners
hereby agree to accept the sum of Two Hundred Dollars ($200) for said
easement, payment of which is to be made to the Owners on closing date.
(3) . Easement: Owners agree to execute a temporary easement in favor
of the City covering the real estate described on Exhibit "A" which shall
be delivered to the City upon full payment of the purchase price.
(4) . Title Evidence: Owners agree with the City that they are the
owners of said real estate, free and clear of all liens and encumbrances,
except easements and restrictions of record and have the right to grant
the easement above mentioned.
(5) . Possession: City shall be entitled to possession of the pro-
perty on closing date.
(6) . Relocation of Garage and Driveway: Owners hereby grant to the
City the following rights and the City agrees at its awn expense to do and
perform the following:
(a) . City shall move the garage on the premises from
its present location to the approximate location shown on
Exhibit W.
(b) . City shall construct and install a good and suf-
ficient concrete foundation, floor and driveway for said gar-
age at its new location. Said driveway shall not exceed
twenty feet (20' ) in width or be longer than twenty feet
(20') fran the property line. Location of garage and drive
to be determined by owners.
(c) . City agrees to close present drive on Ohio Street
and install new driveway from The Midway as shown on Exhibit
"A". City will remove old driveway and level area.
(7) . Closing Date: Parties agree that closing date shall be when
Owners furnish to the City an easement to the property shown on Exhibit
"A". Closing date shall be no later than November 15, 1977.
(8) . Extent of Agreement: This agreement shall be binding upon the
heirs, executors, administrators, successors and assigns of the respective
parties to this agreement.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day
and year first above written.
CITY OF • I •, KANSAS
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P Ili. v
Mayor
ATTEST:
City Clerk / fA i
Alvin V. Burkhardt
Evelyne Burkhardt
CERTIFICATE of SURVEY
BU(Nl //ILUS .
COxSN:K E%Gxr[SS.rSnxwr SS..KxrttCr, "
605 W. NORTH ST. — SALINA, KANSAS
6183 PASEO — KANSAS CITY, MISSOURI
111 W.8TH ST. — HAYS, KANSAS
DESCRIPTION: SEE SHEET NO: 2 SHEET I OF 2
GYPSUM AVENUE N. 87° 58' 04" E.
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to
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R/W Line f '
• 1/2"O Iron Bar 130.00' (Meas.) i n Scale : I"= 20'
Found In Place N.87° 58104 E. /2 Iron Bar •
," N Found in Place ti •
ai ao, ei
N i N` .
•N " 130.56' (Meas.) N \
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1/2"0 Gas Pipe .• N. 86° 06' 17. 4" E. 35.00'
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Found In Place
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0 - . • In LLi
m
M•0 In
in lai in Li
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co ALVIN V BURKHARDT % " 0Iron Bar M
tn . S. 50' of N. 1001 of E. 165 ' of Lot 8 Found in Place N c
in
on Surveyors Plat 12 Q°,LI
in
rn _ mi•
° N. 88°06' 17.4" E 3 -- M - °
vi 50.00' o N
is ai Ion N
ci o Temporary o to IT M
mIo Construction olo POINT OF BEGINNING
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Easement o —7 w•
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25.56' -..L -
50.00 ' 67" it •55.00' v~i
I/ 0lron Pin N. 88 ° 06' 17 411 E. 1 "
Found in Place I/ 0Gas Pi•e o �
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Found in Place -
ORDERED BY: ENGINEER'S CERTIFICATE: _
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. State Of KANSAS I
County Of SALINE ss
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�'^"°-a zly�� I. the Undersigned. do hereby cenify that I am a registered
. 4.-4,2-T1.-1 .i. T: •, professional engineer.or a registered land surveyor,with the firm
s_`= '• of Bucher 6 Willis,Consulting Engineers, Planners 6 Architects;
�? •,•ft:,;; i ...i./.'2.41,„•.,' � _ that the heretofore described property was surveyed by me, or
G`J ,r;•.'�` _' under my supervision; and that all of the monuments shown
to-„ , O y herein actually exist and their positions are correctly shown to the
r - F �= best of my knowledge and belief.
. i< t_ G\• .••'•• ; n s 1'..•`. .c ./ or
ISEALI - '`"'s•`• Date
CERTOFOCATE OF SURVEY Sheet 2 of 2
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NOR f aILLIS
6051 V. NORTH ST. — SALINA, KANSAS _
6183 PASEO — KANSAS CITY, MISSOURI
111 W.8TH ST. — HAYS, KANSAS
OWNER: Alvin V. Burkhardt
DESCRIPTION:
TEMPORARY CONSTRUCTION EASEMENT
A tract of land situated in the South 50 feet of the North 100 feet of
the East 165 feet of Lot 8 , Surveyor ' s Plat 12 of the City of Salina, Saline
County, Kansas , more particularly described as follows :
Commencing at an iron bar located at the Northeast corner of Lot 2 of
said Surveyor ' s Plat 12 and said iron bar also being 35 . 0 feet South of the
centerline of Gypsum Avenue and 35 . 00 feet West of the centerline of Ohio
Street; thence S 1°39 ' 58 . 3" E along the West right-of-way line of Ohio Street
a distance of 330 . 23 feet to the Southeast corner of the South 50 feet of the
North 100 feet of the East 165 feet of said Lot 8 , Surveyor ' s Plat 12; thence
S 88°06 ' 17 . 4" W along the South line of the North 100 feet of said Lot 8 a
distance of 55. 00 feet to the point of BEGINNING; thence continuing S 88°06 '
17 . 4" W along the South line of the North 100 feet of said Lot 8 , Surveyor ' s
Plat 12 , a distance of 50 . 00 feet; thence N 1°53 ' 42 . 6" W a distance of 30. 00
feet; thence N 88°06 ' 17 . 4" E a distance of 50 . 00 feet; thence S 1°53 ' 42 . 6" E
a distance of 30. 00 feet to the point of BEGINNING. The above described tract
of land contains 0 . 034 acres .
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ORDERED BY: ENGINEER'S CERTIFICATE:
State Of Kansas 1
Saline SS
County Of 1 -
I, the Undersigned, do hereby certify that I am a registered
professional engineer,or a registered land surveyor,with the firm
of Bucher Err Willis, Consulting Engineers, Planners 6 Architects;
that the heretofore described property was surveyed by me, or
under my supervision; and that all of the monuments shown
herein actually exist and their positions are correctly shown to the
best of my knowledge and belief.
Surveyor
ISEAU Date