Surveyors Plat G, Lot Lot 1, Lot 2 and South 100 feet of Lot 3 (ends 5/3/2017) � REBECCA SEEMAN
;Y
Y.` 1EGISTER OF DEEDS SALINE COUNTY KANSAS
f`P`" ' ":- Book: 1296 Page: 609-613
Receipt 4: 102115 Recording Fee: $11.00
Pages Recorded: 5 c,f1 ktheco,
Date Recorded: 5/15/2015 3:23:36 PM
TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement is made this 14 day of April , 2015, by
and between Ralph J. Bennett and Carolyn J. Bennett, Trustees of the RALPH J. BENNETT
TRUST U/A DATED MARCH 20, 1992, (the "Grantor") and the CITY OF SALINA, KANSAS,
a municipal corporation, (the "City"):
GRANT: The Grantor, for good and valuable consideration, hereby conveys to the City,
a temporary construction easement (the "Easement") in, on, over, under, and through the real
estate legally described and depicted on the attached and incorporated Exhibits A and B (the
"Real Estate") for all rights of ingress and egress of the City, its employees, contractors, and
authorized franchisees and licensees, for the purposes of constructing, grading, reconstructing,
and inspecting the Ohio Street Improvements, Elm Street to North Street, City Project No. 14-
3039 (the "Project") in the manner called for in the project plans.
RESTORATION: After completion of construction, the City shall restore the area of
the Easement as set out in the project plans and specifications. Grantor acknowledges that
grading within the Easement may result in a permanent grade change.
TERM: The Easement shall be for a term of one (1) year commencing May 4, 2015 and
ending May 3, 2016; provided, however, that from May 4, 2016 through May 3, 2017, the City's
employees or contractors shall have the right to perform maintenance, repairs, or landscape work
on the Project.
OWNERSHIP: Grantor covenants that it owns the Real Estate and has the right, title,
and capacity to grant the Easement.
MAINTENANCE: Grantor acknowledges that the Easement shall not affect the
Grantor's obligation to maintain the Real Estate.
SURFACE GRADE: Grantor shall neither alter nor permit others to alter the surface
grade of the Real Estate without the prior written approval of the City.
TRUSTEE COVENANTS: Grantor further covenants that: (1) Grantor is the Trustee
under the Trust; (2) the Trust is a revocable trust; (3) the Trust remains in full force and effect at
this time; (4) Grantor is the duly qualified and acting Trustee under the Trust; and (5) as such
Trustee, Grantor is authorized, pursuant to the Trust and without any limitation whatever, to
convey the Easement.
Book: 1296 Page: 610
BINDING EFFECT: The Easement shall be binding upon and shall run with the Real
Estate.
IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction
Easement effective as of the day and year written above.
RALPH J. BENNETT TRUST U/A DATED
MARCH 20, 1992
By: 11.:,..//r 7-/ 4.4[.2
Ralph J. Bennett, Trustee
BY &>,42//t
Carol J.Bennett, Trustee
ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT
CITY OF SALINA, KANSAS
By:
ason A. Gage, Ci y Manager
ATTEST:
Sh di Wicks, CMC, City Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on jr /4- , 2015 by Ralph J.
Bennett and Carolyn J. Bennett as Trustees of the RALPH i BENNETT TRUST U/A DATED
MARCH 20, 1992.
My appointment expires:
AA . (--' j Zi- '(Ce
Q
L�NOA J. WEiL:`ND inda S. Weiland Notary Public
f notary Pobrc-State of Ka'u.as
My Appt. Expires 1�. —/�
-2-
Book: 1296 Page: 611
STATE OF KANSAS, COUNTY OF SALINE ss:
This instrument was acknowledged before me on _` Q,\\ 6 , 2015, by Jason A.
Gage as City Manager and Shandi Wicks, CIVIC, as City C}erk of the CITY OF SALINA,
KANSAS, a municipal corporation.
, C
My appointment expires:
MICHELE R.ORR MOTHS .. Y., COI t,, t4 tiy
..,,.,..- R. Orr— Notary Public
®':410 Notary Public- State of Kan .s Michele Muths
MyAppt.Expires 'F111-1
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-3- •
Parcels Book: 1296 Page: 512
Tract 2
Owner. Ralph J. Bennett Trust
A tract of land located in Lot 1, Lot 2, and the South 100 feet of Lot 3 all of Surveyor's Plot G, City of
Salina, Saline County, Kansas, and more particularly described as follows:
Commencing at the East Quarter Corner of Section 12, Township 14 South, Range 3 West of the 6th P.M.;
thence on on assumed bearing of South 00' 11' 26" West on the East line of said Section Z a distance of
733.73 feet to the Northeast corner of said Lot 2;
thence North 89' 48' 34" West on the north line of said Lot 2, a distance of 43.00 feet to the Point of
Beginning;
thence North 0' 11' 26" East, a distance 99.93 feet to the North line of the South 100 feet of said Lot 3;
thence North 89' 48' 34" West on said North line, a distance of 12.00 feet;
thence South 0' 11' 26" West, a distance of 362.57 feet;
thence South 89' 48' 34" East, a distance of 12.00 feet;
thence North 00' 11' 26" East, a distance of 262.64 feet to the Point of Beginning.
Said Tract contains 4351 square feet.
CITY OF SAUNA, 300 W ASH, SALINA, KANSAS
PUBLIC WORKS— ENGINEERING — UTILITIES
Exhibit A
Parcel 5, Tract 2
nw is EwEC Sat
2014-437 May 2015 1-2
na,t ovo-co or Eb arr. 'R,�... ... _
t d ! 1
Book: 1296 Page: 613
Exhibit B
Parcel 5
Owner: Ralph J. Bennett Trust
Point of Commencement
East 1/4 Corner, Section 12, Township
14 South, Range 3 West I ..,
North line of the N8948'34"W— / %
South 100 feet of 12.00 `4:1
Lot 3 ,* 3 �' 0
Tfi N NI O=
RALPH J. BENNETT TRUST M 0; r
SOUTH 100 FEET OF LOT 3, ,4 c '4I
SURVEYOR'S PL A T G •. ^I
LU '1
Parcel 5
Tract 1 '
1054 square feet A I
I
P.0.8. Tract 2 I� I
Parcel 5 —N8948' 4"W
Tract 2 43.00 I
4351 square feet I
RALPH J. BENNETT TRUST
1
LOT 2, SURVEYOR'S PLAT G /
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N/ I
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�'`/ I 0 25 50 75 100
North line N I I —∎—�
of Lot 1 co I SCALE 1' 50•
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F� I —I IN -
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RALPH J. BENNETT TRUST /
LOT 1, SURVEYOR'S PLAT G �
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.,./././s2,.7:S8.9.48, - E 04 I
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Existing R/W .,, 'P,or."cet 5''�- ;:` I
Centerline =':A:tcoet;3:6 ,
Smoky Hill River ';559.8'square=feet:;: ct I
ICITY OF SAUNA, 300 W ASH, SAUNA, KANSAS
IPUBUC$XRKS—ENGINEERING—UT1U11ES
Exhibit B
IParod 5, Tract 2
mc
.A4>7 I ��2014-437 Feb 2015 2-2
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