Lot 2, Block 2, Valley View Addition (Temporary Construction Easement) (ends 9/30/2018) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIfil11111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
REBECCA SEEMAN
OF DEEDS SALINE COUNTY KANSAS
is ,iBook:1306 Page: 515-519
Receipt u: 100478 Recording Fee: 544.00
-- Pages Recorded: 5 L N
Date Recorded: 12/18/2015 10:04 : 24 AM
TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement is made this /1Widay of December, 2015, by
and between Robert R. Hoffhines and Marsha L. Hoffhines a/k/a Marsha Robinson Hoffhines as
Trustees of THE REVOCABLE INTER VIVOS TRUST OF ROBERT R. HOFFHINES
DATED MAY 8, 1996 and Marsha L. Hoffhines a/k/a Marsha Robinson Hoffhines and Robert
R. Hoffhines as Trustees of THE REVOCABLE INTER VIVOS TRUST OF MARSHA L.
HOFFHINES A/K/A MARSHA ROBINSON HOFFHINES DATED MAY 8,1996, (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, installing, improving, and
inspecting a sanitary sewer main, City Project No. 08-2713 (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 and one-half(1 V2) years commencing
April 1, 2016 and ending September 30, 2017; provided, however, that from October 1, 2017
through September 30, 2018, 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.
BINDING EFFECT: The Easement shall be binding upon and shall run with the Real
Estate.
Book: 1386 Page: 516
TRUSTEE COVENANTS: Upon being first duly sworn upon oath, Grantor further
covenants that: (1) Grantor is the Trustee under the Trusts; (2) the Trusts are revocable trust; (3)
the Trusts remain in full force and effect at this time; (4) Grantor is the duly qualified and acting
Trustee under the Trusts; and (5) as such Trustee, Grantor is authorized, pursuant to the Trusts
and without any limitation whatever, to convey the above-described Easement.
IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction
Easement effective as of the day and year written above.
THE REVOCABLE INTER VIVOS
TRUST OF ROBERT R. HOFFHINES
DATED MAY 8, 1996
/ /1
By: � // / ° -✓1i..�
Robert R. Hoffhines, rustee .
By: (7))a1.1-1132) V J ACC
J
Marsha L. Hoflhines, T
THE REVOCABLE INTER VIVOS
TRUST OF MARSHA L. HOFFHINES
A/K/A MARSHA ROBINSON
HOFFHINES DATED MAY 8, 1996
By:
Marsha L. Hoflhines, J•. ee
//.
By: ed J A re,. --
Robert R. Hoflhines, T o ee
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on December 2015 by Robert R.
Hoflhines and Marsha L. Hoffhines a/k/a Marsha Robinson Hoffhines as Trustees of THE
REVOCABLE INTER VIVOS TRUST OF ROBERT R. HOFFHINES DATED MAY 8, 1996,
and Marsha L. Hoffhines a/k/a Marsha Robinson Hoffhines and Robert R. Hoflhines as Trustees
of THE REVOCABLE INTER VIVOS TRUST OF MARSHA L. HOFFHINES A/K/A
MARSHA ROBINSON HOFFHINES DATED MAY 8, 1996. /J
My apw;nthient a fps: � ,t M.r�Lr-,�
BONRAO.ORORI
NOTARY i
Bonta G. O'Rore NO
STATE E OF OF KANSAS kNotary Public
'My Appt.Exp. 2-20 44
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
Book: 1386 Page: 517
ACCEPTANCE OF PERMANENT UTILITY EASEMENT
CITY OF SALINA, KANSAS
BY: /L �.•_ I /r
J,won A. Gage, City Manager
ATTEST:
Pod. &Jag
Shan i Wicks, CMC, City Clerk
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on December {y 2015, by Jason A.
Gage as City Manager and Shandi Wicks, CMC, as City Clerk of the City of Salina, Kansas.
My appointment expires: ge r% K
q/
BRENDA K. LINTON g Brenda K. Linton Notary Public
NOTARY PUBLIC !
STATE OF KANSAS 1111
MY APPT. EXPIRES /a-y-24O/3j
-3-
• Book: 1306 Page: 518
Exhibit A
Tract 12
Temporary Construction Easement
Owner: Trust of Marsha L. Hoffhines and Trust of Robert R. Hoffhines
Legal Description:
A tract of land in Lot 2, Block 2, Valley View Addition to the City of Salina, Saline
County, Kansas and more particularly described as follows:
Commencing at the Southeast corner of said Valley View Addition;
Thence on the East line of said Lot 2 on an assumed bearing of North 00°36'18"
West, a distance of 16.65 feet;
Thence South 89°23'42" West, a distance of 20.00 feet to the platted utility
easement line;
Thence on the said platted utility easement line South 78°56'11" West, a distance
of 46.95 feet to the POINT OF BEGINNING;
Thence on the said platted utility easement line South 78°56'11" West, a distance
of 23.32 feet;
Thence North 19°52'52" East, a distance of 111.73 feet;
Thence North 00°36'18" West, a distance of 138.23 feet to the platted utility
easement line;
Thence South 82°35'53" East on said platted utility easement line, a distance of
20.20 feet;
Thence South 00°36"18" East, a distance of 139.03 feet;
Thence South 19°52'52" West, a distance of 103.35 feet to the POINT OF
BEGINNING.
The above described tract contains 0.113 acres more or less.
'• ••.. Book: 1306 Page: 519
Exhibit B
Tract 12
Temporary Construction Easement
Owner: Trust of Marsha L. Hoffhines
and Trust of Robert R. Hoffhines
— — _ _ S82' 35' 53"E
- - — 20.20' J
Permanent Utility (4
Easement Tract 11 r
Co L S00' 36' 18°E .
Lot 2, Block 2, ion % \139.03'
Valley View Addition or' I .
zj
Temporary Construction i N
Easement �/
Tract 12 ///
to/�^^�%/\ S19' 52' 52"W
6)i,t j j 103.35'
`//%
Existing Utilit y
S89' 23' 42"w
Easement /•iii/ N 20.00'
Point of ////\
I
Beginning _J. .. N00' 36' 18 5W
— _-- 16.65'
S78' 56' 11"W Point of
23.32' Commencement
S78' 56' 11°w Southeast corner of
95. Valley View Addition
. S'
CITY OF SAUNA. KANSAS
PUBLIC WORKS — ENGINEERING — UTaNIES
0 25 50 75 100 Tract 12
Temporary Construction Easement
<r`AI F: 1' = 50• I" War 2010 na
^�08-2713 2-2
w�..--"._ I.t •