Block 7 Lakewood Addition (Temporary Construction Easement) (ends 8/10/2017) •it ' REBECCA SEEMAN
f+.`-- °"�2EGISTER OF DEEDS SALINE COUNTY KANSAS
r" ` ' , Book: 1301 Page: 628-632
Receipt ": 109532 Recording Fee: 619.00
'' ' Pages Recorded: 5 GN N mi .
Date Recorded: 8/21/2015 10A2:17 AM
TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement is made this 11th day of August, 2015, by and
between Millicent F. Triplett, Rebecca L. Augustine, and Advantage Trust Company, as Trustees,
of THE REBECCA L. AUGUSTINE TRUST NO. 2 DATED APRIL 21, 1977, f/k/a Trust No. 1 of
the Rebecca Lynn Augustine Agreement Trust No. 2 dated April 21, 1977, f/k/a Trust 1 of the
Rebecca L. Augustine Trust No. 2 U/A dated April 21, 1997, (collectively 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 August 11, 2015
and ending August 10, 2016; provided, however, that from August 11, 2016 through August 10,
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 an irrevocable 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
Book : 1301 Page : 629
Trustee, Grantor is authorized, pursuant to the Trust and without any limitation whatever, to
convey the above-described Easement.
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.
THE REBECCA L. AUGUSTINE
TRUST NO. 2�DATED APRIL 21, 1977
By: V 1i.CcA 1u:1.� A// (
Millicent F. Triplett,Trustee
eaBy: L
Rebecca L. Augustine, Trustee
Advantage Trust Company, Trustee
By
ie Sag- • er, 0
ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT
CITY OF SALINA, KANSAS
By:
J on A. Gage, City Mana r
Al I EST:
dirt )tgg
Sh di Wicks, CMC, City Clerk
-2-
• Book : 1301 Page : 630
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on August If , 2015 by Millicent F.
Triplett as Trustee of THE REBECCA L. AUGUSTINE TRUST NO. 2 DATED APRIL 21, 1977,
f/k/a Trust No. 1 of the Rebecca Lynn Augustine Agreement Trust No. 2 dated April 21, 1977, f/k/a
Trust 1 of the Rebecca L.Augustine Trust No. 2 U/A dated April 21, 1997.
My appointment expires:
_AsROBERT B. RICHARDSON J a 2. 4 ,1.--
Notary Public-State of Kansas NO Public
My Appt. Expires $.29•/b Robert B. Richardson
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on August 11th 2015 by Rebecca L.
Augustine as Trustee of THE REBECCA L. AUGUSTINE TRUST NO. 2 DATED APRIL 21,
1977, f/k/a Trust No. 1 of the Rebecca Lynn Augustine Agreement Trust No. 2 dated April 21, 1977,
Uk/a Trust 1 of the Rebecca L.Augustine Trust No. 2 U/A dated April 21, 1997.
My appointmetai-eip4fes:
JAMIE TUCKER
vase NOTARY PUBLIC J�-
STATE Of KANSAS Notary Public
My App-Exp. (0-2"-i ‘ 'e Tucker
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on August 11th, 2015 by Julie Sager Miller
as CEO of Advantage Trust Company as Trustee of THE REBECCA L. AUGUSTINE TRUST
NO. 2 DATED APRIL 21, 1977, f/k/a Trust No. 1 of the Rebecca Lynn Augustine Agreement Trust
No. 2 dated April 21, 1977, f/k/a Trust 1 of the Rebecca L.Augustine Trust No. 2 U/A dated April 21,
1997.
My appointors nt ex res: JAMIE TUCKER
NOTARY PUBLIC
STATE OF KANSAS
MY ARK Exp. 1 n-Z9-I Notary Public
Jamie Tucker
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on Augustl2th , 2015 by Jason A. Gage as
City Manager and Shandi Wicks, CMC, as City Clerk of the CITY OF SALINA, KANSAS, a
municipal corporation. p
MraPPmn elllugpuesoN //J V 4
• NOTARY PUBLIC L "� q
STATE OF KANSAS ./ Notary Public
MY APPT. EXPIRES 10—y- 20/J` Brenda K. Linton
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-3-
Exhibit"A Book; 1301 Page : 631
Parcel 3
Tract 2 - Temporary Easement
Owner. Trust 1 of the Rebecca L. Augustine Trust No. 2
A Tract of land located in Lots 1-4, Block 1,/Triplett II Addition; Lot 10, Block 2, Lokewood Addition Replat and
Block 7, Lakewood Addition, all in the City of Salina, Saline County, Kansas, and more particularly described as
follows:
Commencing at the Northwest Corner of Lot 1, Block 1, of said Triplett II Addition;
thence on an assumed bearing of South 00' 10' 30" West on the west line of said Lot 1, a distance of 37.81
feet to the Point of Beginning;
thence North 37' 56' 31" East, a distance of 28.47 feet to south right of way line;
thence South 88' 48' 51" East on the south right of way line, o distance of 7.65 feet;
thence South 45' 18' 20' West, o distance of 28.22 feet;
thence South 00' 11' 26" West, a distance of 472.80 feet to the south line described in Book 1123, Page 1964;
thence North 90' 00' 00' West on said south line, a distance of 4.95 feet to the Southwest corner of Parcel
described in Book 1123, Page 1964;
thence North 00' 10' 30' Eost on the east right of way line of Ohio Street, a distance of 470.36 feet to the
Point of Beginning.
Said Tract contains 2479 square feet more or less.
CITY OF SALINA, J00 W A9{ SAUNA, KANSAS
PUBLIC MLRKS- ENaNEERA'C - UTRTRES
Exhibit A
Parcel 3, Tract 2, Temporary Easement
2014-437 .� May 2075 r;—2
P
. Book: 1301 Page : 632
Exhioil B
Parcel 3
Owner: Trust 1 of the Rebecca L. Augustine Trust No. 2
Northwest comer of Lot 1, Block 1,
Triplett II Addition
5070'J0•W N88'4831'W NORTH STREET
1500 — -i1 588'4851 —
Tract 1 765 -POB re Existing R/W
POB re
5070'.30-1V 2 I f
28 8.47 47
2281
54578'1O'W
Tract 2 � 28.22
P08 sl Parcel3
Tract 1 - Right of Way
( 199 square feet
ATrust No. 1 to the REBECCA L. AUGUSNNE TRUST Na 2
ce i li-
ce r ,Nr Block 1, Triplett II Addition
.e' �f
W gI
I
0
1), Parcel3
W L�Tract 2 - Temporary Easement
4 2479 square feet
FE 1
(r) o h , 0 30 60 90 120
O v SCALE 1' a 60'
W A
f 3
o 'rI=
2 ;IH
Me^
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Trust No. 1 to the REBECCA L. AUGUSTINE TRUST No. 2
Block 1, Triplett II Addition
100' KPL Easement
.k a 15oat Line fo Boc1; Trrplett Addition Bk s9, Pg 165
^north Line of Block 75;$la=2, LokewooL-44dit Replol
t�� Trust No. 1 to the-REBECCA L. AUGUSTINt t".7tJS�No. 2
F Port of Lot 10, Block 2, Loze*o ddition Replor-- _ _
South Line of Block 10, Block 2, e,+6ad Addition Replat
tl North Line of Block 7, Lakewood Addition ` 14.;-.5.9_&V
1 7Tasi-77 I to the REBECCA L. AUCUSTNE TRUST Na 2 0 " _
7. PVri- al�ock 7, Lakewood Addition N 0
-
f _
N9O7300O'W South Line of Line�escrih ed
. 4.95 ��in Book 1123, Page 1964 — _ arr Or S1LINA XI w Asl SAL WA, KANSAS
`Southwest corner Porcel described
-- aac IIMIS- TNi'.Lr2NG- UM TES
in Book, 1123, Page 1954 Exhibit b3 B
•x2014-437 In .b+2015 2 2