SW4-29-T14S-R2W (Tract 17 & 19) Temporary Construction Easement (expires 01/31/2019) c _ _
T /I IIIIIII111I1VIIIIIIIII1111111111II111111111111111VIII11111IIIIIII111II1IIII1
REBECCA SEEMAN
"r:)REGISTER OF DEEDS SALINE COUNTY KANSAS
,.-?Book:1315 Page: 127-133
* s;:-`Pages R Receipt #:eco1rd0ed48: co 65 Recording Fee: $81.00
7
Date Recorded: 7/22/2016 9:15:28 AM
TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement is made this 15 day of July , 2016, by
and between William R. Smith and Harriett E. Smith, Trustees of THE WILLIAM AND
HARRIETT SMITH TRUST under agreement dated February 23, 2012, (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, R, C and D
(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(1Y2) years commencing
August 1, 2016 and ending January 31, 2018; provided, however, that from February 1, 2018
through January 31, 2019, 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 E) J 1 CT: The Easement shall be binding upon and shall run with the Real
Estate.
TRUSTEE COVENANTS: Upon being first duly sworn upon oath, 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 '
•
Book: 1315 Page: 128
Trustee under the Trust; and (5) as such Trustee, Grantor is authorized, pursuant to the Trust 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 WILLIAM AND HARRIIETT SMITH
TRUST under agreement dated February 23, ,
2012
By: 4/ '
William R. Smith,Trustee
JAW OF
By: • ./. - _ � :
Harriett E. Smith,Trustee
i
STATE OF KANSAS,COUNTY OF SALINE, ss: -
This instrument was acknowledged before me on AI'iDS , 2016 by William R.
Smith and Harriett E. Smith, Trustees of THE WILLIAM HARRIETT SMITH TRUST
under agreement dated February 23,2012.
M appnintn,.nt evpie�c k 711/ T
Kelli Bamhart �!�v I,�■
NOTARY PUBLIC
STATE OF KAN AS Notary Public Kelli Barnhart
i!1Ntil My Appt.Exp. ( .
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
Book: 1315 Rage: 129
S
ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT
CITY OF SAUNA,KANSAS
By:
J:e n A. Gage,City M
ATTEST:
•
itzgoe
Sh Wicks,CMC,City Clerk
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on July 15 , 2016, by Jason A.
Gage as City Manager and Shandi Wicks, CMC, as City Clerk of the City of Salina, Kansas.
My_appointment ex ires:
BRENDA K.LINTON dfcLY,I, l�- -
NOTARY PUBLIC Notary Public Brenda K. Linton
°'12-1-9-- STATE OF KANSAS
MY APPT. EXPIRES ,a.-y-2o/
TON
iv 3n�
-r° 1t•
-3-
Book: 1315 Page: 138
Exhibit.A
Tract 18
Temporary Construction Easement
Owner: William R. Smith and Harriett C. Smith
Legal Description:
A tract of land in the Southwest 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 Southwest corner of said Southwest quarter,
Thence on the South line of said Southwest quarter on an assumed beating of
South 89°55'19" East, a distance of 1118.08 feet;
Thence North 00°04'41" East, a distance of 59.98 feet to the Southeast corner of
a tract of land described in Saline County Register of Deeds Book: 325, Page
586;
Thence North 07°51'14"West on the East line of the said tract, a distance of
80.80 feet to the North line of a Utility Easement described in Saline County
Register of Deeds Miscellaneous Book: 153, Page: 829;
Thence North 89°55'19"West on the said North line, a distance of 30.29 feet to
the POINT OF BEGINNING;
Thence North 89°55'19"West on said North line, a distance of 40.39 feet;
Thence North 07°51'14" West, a distance of 290.84 feet;
Thence North 84°50'38" East; a distance of 42.31 feet to said East line;
Thence South 39°40'02" Easton said East line, a distance of 24.27 feet;
Thence South 84°50'38"West, a distance of 15.07 feet;
Thence South 07°51'14" East, a distance of 274.50 feet to the POINT OF
BEGINNING.
The above described tract contains 0.273 acres more or less.
Exhibit B Book: 1315 Page: 131
Tract 18, Temporary Construction Easement
Owner: William R. Smith and Harriett C. Smith
/ - S39' 40' 02°E
i / //// 24.27
Y // / /
N84' 50' 38°E / / / ` ' 50' 38°W
42.31 / \/ / / 15.07
C Ij / / /
/ / / /
V ////
Y / / / /
r / / / / .
V / / /
k/ / / / Permanent Utility
V//// Easement Tract 17
Y / / / /
r ////
NOT 51' 14°W / / / /
290.84' V / / / /
Y /// / \ 14°E
r`�/ / // 274.50'
�� / / /
/ / / /
_ ' / / / /
Temporary Construction / /
Easement �// ///
Tract 18 / / / / Point of Beginning
N89' 55' 19°W ' / / //
4°.39.-41 /,/, \\ N89' 55' 19°W
r , 30.29'
Existing Utility Easement
Book: 153, Page: 829
— /„—/- \ NOT 51' 14°W
L / /// 80.80'
Temporary Constructions-.c/
Easement Y/ //j Permanent Utility
Tract 20 r // / / Easement Tract 19
— R/W — — — — — — — — —R/W — — -
Point of Commencement Southwest N00' 04' 41°E
Corner of Section 29 — T14S — 59.98'
R2W
Magnolia Road
S89' 55' 19°E
( � � 1118.08 . — —
CITY OF SAUNA, KANSAS
PUBUC WORKS — ENGINEERING — UTILITIES
0 2s so 75 100 Tract 18
�� Temporary Construction Easement
SCALE: 1" = 50' �+.n
08-2713 re Mar 2010 2-2
nu.e r.rq w.r w.me 0..0 �°c /I I
Book: 1315 Page: 132
Exhibit C
Tract 20
Temporary Construction Easement
Owner: William R. Smith and Harriett C. Smith
Legal Description:
A tract of land in the Southwest 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 Southwest corner of said Southwest quarter,
Thence on the South line of said Southwest quarter on an assumed bearing of
South 89°55'19" East, a distance of 1118.08 feet;
Thence North 00°04'41" East, a distance of 59.98 feet to the Southeast corner of
a tract of land described in Saline County Register of Deeds Book: 325, Page:
586;
Thence North 89°56'30"West on the South line of said tract, a distance of 30.29
feet to the POINT OF BEGINNING;
Thence North-89°56'30"West on the said South line, a distance of 40.38 feet;
Thence North 07°51'14"West, a distance of 50.53 feet to the South line of a
Utility Easement described in Saline County Register of Deeds Miscellaneous
Book: 153, Page: 829;
Thence South 89°55'19" East on said South line, a distance of 40.39 feet;
Thence South 07°51'14" East, a distance of 50.51 feet to the POINTOF
BEGINNING.
The above described tract contains 0.046 acres more or less.
Exhibit D
Book: 1315 Page: 133
Tract 20, Temporary Construction Easement
Owner: William R. Smith and Harriett C. Smith
/ / / /
v / // /
1/// / / \
1// / / /
r / / / / \
V / / /
/ / / /
1, / / / / \
r / /ii
(///,/ / Permanent Utility
1/ / /// Easement Tract 17
Y / / / /
/ / / /
rt / ///
/ / /
i / / /
/ / /
Temporary Construction // / /
Easement (//j j j
Tract 18 / / /
j//j \
/�i�
Existing Utility Easement s89. 55' 19 E Permanent Utility
Book: 153, Page: 829 r40.39' Easement, Tract 19
--1Tr TT „,,,,,,,,,,i, SOT 51'1' 14"E
N07' 51' 14"W�L/ / // • 50.51'
50.53' / // /
Temporary Construction 1( // / \ �� Point of Beginning
Easement, Tract 20 /�x /'�►l \\\\\ N89. 56' 30°W
N89' 56' 30-W /
r / / / � 30.29' i
R/W — — — — — — — — —R/W — — -
Point of Commencement Southwest
N00' 04' 41°E
Corner of Section 29 – T14S – 59.98'
R2W
Magnolia Road
_ S'89' 55' 19°E
— — — • —
1118.08'
CITY OF SAUNA, KANSAS
PUBLIC WORKS — ENGINEERING — UTILITIES
0 '25 50 75 100 Tract 20
r Temporary Construction Easement
r SCALE: 1- = 50' PPM.Q wx scn
r 08-2713 I Mar 2010 2 2
�j1 mitre...,.,.r.,.r.rs+n.—. se p L—�• !
S\