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NW4-S1-T14S-R3W (Temporary Construction Easement) (ends 4/1/2018) DEPARTMENT OF PUBLIC WORKS TELEPHONE (785) 309-5725 Michael Fraser, Director of Public Works FAX •(785) 309-5713 Daniel Stack P.E., City Engineer - TDD (785) 309-5747 Jim Teutsch, Operations Manager E-MAIL: mike.'raser@salina.orq dan.stack@salino.orq 300 West Ash • P.O. Box 736jim.teutsch@salina.orq - Salina, Kansas 67402-0736 Salina WEBSITE www.salina-ks.gov March 6, 2017 Mr. Kevin Heit Environmental Specialist Compliance, Assistance & Enforcement Unit Bureau of Waste Management Kansas Department of Health and Environment Curtis State Office Building 1000 SW Jackson, Suite 320 Topeka, KS 66612-1366 Dear Mr. Heit, lj The Public Works Department, General Services Division is pleased to present its 2017 plans that continue our efforts in making improvements at closed city dump sites within Salina. Beginning today, the Streets work group will deploy a small crew of employees with a front-end loader, backhoe or other equipment, as necessary, to begin stockpiling the loose refuse, tires, lumber, concrete and other miscellaneous debris located within site #7, just east of North Ninth Street by Thomas Park. We intend to separate concrete with no rebar to: 1) use it for bank stabilization purposes if necessary and practical to do so or 2) bury the "clean" concrete in place as discussed in our telephone discussion on Friday, March 3, 2017. We anticipate this stage of the project to take approximately 3-4 weeks. Upon conclusion of our stockpiling efforts, we will deploy dump trucks to the site, load the debris and haul it to the landfill where it will be disposed of in accordance with our Facility Operations Plan. We anticipate this stage of the plan to take an additional 3-4 weeks. Assuming weather conditions permit and no unforeseen issues occur during the clean-up process, we anticipate completing this site by June, 2017. Upon conclusion of this site, staff will begin planning for the remaining sites identified in the KDHE letters dated January 19 and March 4, 2016; specifically sites #4 and #15. • Engineering ♦ Streets ♦Traffic Control ♦ Flood Control ♦ Central Garage ♦ Sanitation • Landfill Our Mission is to Build and Maintain a Clean, Safe Community TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this ay of March, 2017, by and between ST. JOHN'S MILITARY SCHOOL. a KANSAS not-for-profit corporation (the "Grantor") and the CITY OF SALINA. KANSAS, a municipal corporation (the "City"): WITNESSETH: That the Grantor, for good and valuable consideration. does hereby convey unto the City, a temporary construction easement in, through, over, and across a certain portion of land owned by the Grantor, as legally described and as depicted on the attached and incorporated as Exhibit A (the "Temporary Construction Easement") for all rights of ingress and egress of the City, its employees, contractors, and franchisees, for the purposes of covering and removing existing concrete and trash. removing trees, grading and inspecting. TERM: The Temporary Construction Easement shall be for a term of one (1) year commencing April 1. 2017 and ending April 1, 2018. RESTORATION: After completion of construction, the City shall restore the area of the Temporary Construction Easement by seeding the area disturbed by construction. Grantor acknowledges that grading within the Temporary Construction Easement may result in a permanent grade change. OWNERSHIP: Grantor covenants that Grantor owns the real estate upon which the Temporary Construction Easement is located and has the right, title and capacity to grant the easement herein conveyed. BINDING EFFECT. This Temporary Construction Easement is binding upon the heirs, executors. administrators, personal representatives, successors and assigns of the Grantor and the City, and it is understood that this instrument cannot be changed or altered other than in writing. signed by both Grantor and the City. IN WITNESS WHEREOF, the Grantor has caused this Temporary Construction Easement to be executed the day and year first above written. ST. JOHN'S MILTARY SCHOOL • By: OWN M • LINA'et�1N1(InUnci � ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT CITY OF SALIVA. KANSAS t By: '- ' 4 , .►t1. Jason A. Gage, City Manager ATTEST: Shandi Wicks, CMC, City Clerk ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: A This instrument was acknowledged bMG ,before me on W1 ii, 2017 by )IIIAI e ,Plc1ti asThiOffinAnUai rfI(Q1 oofSI.l6h1'l\ Miota►tiC(hwf OW M I.CrOHEySAUR Phligitn Y appointment expir c :�UTn�y�$W''L ' SRTcAFt J Notary Public ``� !?4'1 Aut.vxn �`"'" STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on 'M.UYI X), 2017. by Jason A. Gage as City Manager and Shandi Wicks as City Clerk for the City of Salina, Kansas. My appointment expires:(a 64--- ALLISON STRAIT pED0A Notary Public-State of Kansas My Appt Expires Io 25- 2O ��1�50(l ,{ Notary Public [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)) -9- EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT OWNER: ST JOHNS MILITARY 5CH0CY (RECORDED SALINE COUNTY ROD BK: 1135 PC: 1545) A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION OWE (1), TOWNSHIP FOURTEEN (14) SOUTH, RANGE THREE (3) WEST OF THE 6114 P.M., IN SALINE COUNTY, KANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT Thi SOUTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE ON AN ASSUMED BEARING OF N 00'08' 57'E ALONG THE *EST LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 131820 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID NORTHWEST QUARTER; THENCE N 89'55' 34' E ALONG THE NORTH UNE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST WARIER A DISTANCE OF 11390 FEET TO A PONT ON THE EAST RIGHT OF WAY LINE OF NINTH STREET (OLD HIGHWAY 81), SAID POINT ALSO BEING THE POINT OF BEGINNING CF THE PARCEL TO BE DESCRIBED; THENCE CONTINUING N 89'55' 34' E ALONG SAID NORTH LINE A DISTANCE OF 571.94 FEET TO THE NORTHWEST CORNER OF PARCEL RECORDED W BOOK 110E PACE 181 AT THE SALINE COUNTY REGISTER CE DEEDS OFFICE; THENCE 5 00'20' 23' W ALONG THE WEST LINE OF SAID RECORDED PARCEL A DISTANCE OF 440.27 FEET TO THE SOUTHWEST CORNER OF SAID RECORDED PARCEL; THENCE S 89'34' 12" E ALONG THE SOUTH LINE, AND EXTENSIONS THEREOF. OF SAID RECORDED PARCEL A DISTANCE OF 299.17 FEET TO THE NCRT144E5T CORNER OF A PARCEL RECORDED W DEED BOOK 384, PAGE 744 AT THE SALINE COUNTY REGISTER OF DEEDS OFICE,• THENCE S 00'27' 46" W ALONG THE WEST LINE OF SAID RECORDED PARCEL A DISTANCE OF 144.95 FEET TO 714E SOUTHWEST CORNER OF SAID RECORDED PARCEL; THENCE 5 89'35'27' E ALONG THE SOUTH LINE OF SAID RECORDED PARCEL A DISTANCE OF 280.48 FEET TO A POINT ON THE CITY OF SAUNA RIGHT OF WAY FOR FLOOD CONTROL LEVEE- THENCE 5 04'J9' 34' W ALONG SAID RIGHT OF WAY A DISTANCE OF 134.70 FEET,• THENCE N 89'58' 19' W ALONG SAID RIGHT OF WAY A DISTANCE OF 872.50 FEET; THENCE N 13' 11' 16" E ALONG SAID RIGHT OF WAY A DISTANCE OF 137.82 FEET; THENCE N 89'58' 19' W ALONG SAID RIOJIT OF WAY A DISTANCE OF 50.00 FEET TO A PONT IN PIE CENTERUNE OF DRY CREEK. THENCE N 03'31' 34" E ALONG SAID CENIERUNE A DISTANCE OF 25826 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 10.00 ACRES OF SAID SOUTHWEST WAR1L:7 OF 714E NORTHWEST QUARTER, THENCE S 89'55' 38" W ALONG SAID SOUTH LINE A DISTANCE OF 262.14 FEET TO A POINT ON SAID EAST RIGHT OF WAY LINE OF NINTH STREET(OLD HIGHWAY 81); THENCE N 00'04' 48' E ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 330.89 FEET TO THE PONT OF BEGINNING AND (RECORDED SALINE COUNTY ROD BK: 1170 PG 740) A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 14 SOUTH, RANGE 3 WEST OF THE 6174 PRINCIPAL MERIDIAN IN SALINE COUNTY, KANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER CAF SAID NORTHWEST WARIER; THENCE ON AN ASSUMED BEARING CF S 89'58' 19' E ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 44.97 FEET; THENCE N 00' 08' 57' E ALONG THE EAST RIGHT OF WAY LINE OF NINTH STREET (OLD HIGHWAY 81), AND EXTENSIONS THEREOF, A DISTANCE OF 80.23 FEET; THENCE N 87 13' 57'E ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 29.63 FEET; THENCE N 00'27' 39' E ALONG SAID EAST RIGHT OF WAY UNE A DISTANCE OF 123.95; THENCE N 02'31' 57' E ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 327.25 FEET TO THE POINT OF BEGINNING OF PIE PARCEL TO BE DESCRIBED; THENCE CONTINUING N 02'31' 57' E ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 23.05 FEET; THENCE N 00'04' 57" E ALONG SAID EAST RIGHT OF WAY UNE A DISTANCE OF 400.00 FEET; THENCE N 89'53' 03" E ALONG SAID EAST RIGHT OF WAY UNE A DISTANCE OF 2500 FEET, THENCE N 00'04' 48" E ALONG SAID EAST RIGHT OF WAY UNE A DISTANCE OE 3t85 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 10.00 ACRES CF THE SOUTHWEST WARIER OF SAID NORTHWEST QUARTER; THENCE N 89'55' 38' E ALONG SAID SOUTH LINE A DISTANCE OF 262.14 TO THE CENTERLINE OF DRY CREEK; THENCE S 03'31' 34' W ALONG SAID CENTERLINE A DISTANCE OF 25826 FEET; THENCE S 17 42' 19" W ALONG SAID CENTERLINE A DISTANCE OF 172.08 FEET; THENCE 581'20' 56" W A DISTANCE OF 22310 FEET TO 714£ POINT OF BEGINNING WY OF SALWA 500 N ASk SAL WA. KANSAS PUHLIG KIRKS — ENGINEERING — UT4IDE5 EXHIBIT A Temporary Construction Easement ri Tai mire 2017-569 Lem 20L7 :o-.,., I^ ry MST B TEMPORARY CUVSTRUCACW EASEMENT 0$NER' ST JOHNS MILITARY SCHOO(. I r/' .• fp • r 0111114 ‘3C) (ND--Bk:1170; Pg. ,740) * : # s' CO � P .j_ 1111101011010 �j f_��, levee R/W i , , / . ' - 1 ., i , .1 I / I ' . _F` tl `" .,'14'7 HOF- .1 —r ! -it rt • ' r �. � _ -, 1 T 1 1 Euclid A YC. I CITY 0f SAUNA, 300 W A91, SARA. KANSAS Pl,&IC MOWS — ENGNEERING — U1kl1IES EXHIBIT B r o 1(Z 70D Temporary Construction Easement Ad 0 at Mar Sulky 11.200' 2017-569 Mor 7017 2 Re..i i}e.r P. n 1