S29, T14, R2W TRACT 15 iIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1111111111111111IIIIIIIIIIII
•
REBECCA SEEMAN
a
---.• ,REGISTER OF DEEDS SALINE COUNTY KANSAS
iiBook:1308 Page: 275-279
,.."Receipt #: 101490 Recording Fee: 559.00
"'" Pages Recorded: 5 GpJ
Date Recorded : 2/12/2016 8: 20:48 AM
TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement is made this...2k day of g,ue , 2016,
by and between PESTINGER ENTERPRISES, LLC, a Kansas limite bility cb'mpany, (the
"Grantor") and the CITY OF SALINA, KANSAS, a municipal corpora[ (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(11/2) years commencing
April I. 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.
IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction
Easement effective as of the day and year written above.
Book: 1308 Page: 276
PESTINGER ENTERPRISES, LLC
By: _i3z4 ----
Thomas R. Pestinger, resident
STATE OF KANSAS, COUNTY OF SALINE. ss:
This instrument was acknowledged before me on / . 2016 by Thomas R.
Pestinger as President of PESTINGER ENTERPRISES, LLC.
Ale
My appointment expires:
S t NOTARY PUBLIC•State of Kansas
Barbara L.Michael, vek , �- - _. a
N. ary Public Barb:ra L. Michael
My Comm.Exp. /0—/ /cr
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
Book: 1388 Page: 277
• ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT
CITY OF SALINA, KANSAS
By:
JaJa on A. Gage, City M nager
ATTEST: /
0/aidi W
Shandi ks, CM City Clerk
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on January 22 2016, by Jason A.
Gage as City Manager and Shandi Wicks. CMC, as City Clerk of the City of Salina. Kansas.
My appointment expires: L , 9(44—
la BROT K. Notary Public Brenda K. Linton
NOTARY PUBLIC rY
STATE OF KANSAS
MY APPT. EXPIRES 10-if'zo I
-3-
• Book: 1388 Page: 278
Exhibit A
Tract 15
Temporary Construction Easement
Owner: Pestinger Enterprises LLC
Legal Description:
A tract of land in the Northwest quarter of Section 29, Township 14 South, and
Range 2 West of the Sixth Principal Meridian, Saline County, Kansas and more
particularly described as follows:
Commencing at the Northwest corner of Valley View Addition, a Subdivision in
the City of Salina, Saline County, Kansas;
Thence on an assumed bearing of South 00°28'27" East on the West line of said
Valley View Addition, a distance of 223.12 feet to the POINT OF BEGINNING;
Thence South 00°28'27" East on said West line, a distance of 1091 .68 feet;
Thence South 37°26'48" West, distance of 65.09 feet;
Thence South 00°28'27" East parallel to said West line and extensions thereof, a
distance of 427.66 feet;
Thence North 89°32'39" East, a distance of 40.00 feet to said West line
extended;
Thence South 00°28'27" East on said West line extended, a distance of 20.00
feet;
Thence South 89°32'39" West, a distance of 60.00 feet;
Thence North 00°28'27" West parallel to said West line and extensions thereof, a
distance of 454.52;
Thence North 37°26'48" East, a distance of 65.09 feet to a point 20.00 feet West
of said West line;
Thence North 00°28'27" West parallel to said West line, a distance of 1084.98
feet;
Thence N 90°00'00" East, a distance of 20.00 feet to the POINT OF
BEGINNING.
The above described tract contains 0.755 acres more or less.
• Book: 13B8 Page: 279
Exhibit B
Tract 15
Temporary Construction Easement
Owner: Pestingers Enterprises LLC
—Point of Commencement
Northwest corner of
Volley View Addition
so0. 28' 27-E
N90' 00' 00"E 223.12'
20.00'
Y
Point of
r Beginning
r
r
r
r
NOG' 2E' 27-WJ1
10E49E'
1F 1091 25' 27-E Temporary Construction
, 1091.6 5'
Easement
Tract 15 r
v
r
NW i . Section 29, r Volley View
T 14 S. R 2 W c Addition
N37' 28' 4E"E r
65.09'i,
i
53T 26' 4E'W
re r 65.99
i Permanent Utility
I Easement Tract 16
N00' 28' 27-W l SOO' 25' 2.
YYY
454.52' 427.66' '
Southwest corner of p I NE9' 32' 391E
Valley View Addition fi I 40.00'
539' 32' 39'W 5 200.00 0' 2c 2n
60.00' I
CITY OF SAUNA, KANSAS
S . PUBLIC WORKS - ENGINEERING - UTRITIES
o 150 300 450■600 Tract 15
Temporary Construction Easement
SCALE: 1' = 300'
Revised: 2014-01-06 woe-2713 '=`Jan 2014 2_2
In
CP