Lot 2, Block 2 Valley View Addition (Temporary Construction Easement Ending 6-30-19) I������������11111 llIlIIII 11111HIM 1111111111 HEIMIIIIIIIII�1111
REBECCA SEEMAN
_'"*.REGISTER OF DEEDS SALINE COUNTY KANSAS
-!Book:1334 Page: 1854-1858
Receipt #: 113311 Recording Fee: 574.00
Pages Recorded: 5 GII
Date Recorded: 10/13/2017 11:08:40 AM
TEMPORARY CONSTRUCTION EASEMENT
sr
Se/07-
This Temporary Construction Easement is made this day of- 2017, 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. Hofffiines a/k/a Marsha Robinson Hoffhines and Robert
R. Hofffiines 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(11/2) years commencing
January 1, 2018 and ending June 30, 2019; provided, however, that from July 1, 2019 through
June 30, 2020, 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 9.334 Page: 1855
•
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 S. 1996
By: a G' irA0C i./.
Robert R. 'o'fhines. I tee
By: 1-23/1a)14440
Marsha L. Hoffhines, TiVjee
THE REVOCABLE INTER VIVOS
TRUST OF MARSHA L. HOFFHINES
A/K/A MARSHA ROBINSON
HOFFHINES DATED MAY 8, 1996
By: Ii . , i-
� if A —add; _d
M rsha L. Hoffhines, Tyf -e
� /
By: I ,
Robert R. o fhines. 's/stee
STATE OF KANSAS, COUNTY OF SALINE. ss:
This instrument was acknowledged before me on rIY S 21 , 2017 by 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.
My appointment S:Sp1ighlS0/9 Ar 9
BONITA G.O'RORKE s'S� L-&t7r�
NOTARY PUBLIC Bonita G. O'Rorke Notar}' Public
STATE OF KANSAS
My Appt.Exp. 3-2049
[A real estatetate sa idatton questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-9-
Book 1334 Page 1856
ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT
CITY OF SALINA, KANSAS
By:
Sa
ge, City Manager
ATTEST: 1
alicks. C, City CMC. City Clerk
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on OCAQYyty 'IO . 2017, by Jason A.
Gage as City Manager and Shandi Wicks. CMC, as City Clerk of the City of Salina. Kansas.
My appointment expires: ( C C 4
airiALLISON STRAIT • IPc\' son Skai;U Notary Public
Notary Public- State of Kansas
My Appt. Expires Io-25-ZO
-3-
r• Book 1334 Page: 1857
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 1334 Page: 1858
Exhibit B
Tract 12
Temporary Construction Easement
Owner: Trust of Marsha L. Hoffhines
and Trust of Robert R. Hoffhines
I
— — — _ S82' 35' 53"E I
— = = _ _ 20.200—�
J
_ _ _ lin/ \
Permanent Utility (//
Easement Tract 11 r
3 /
r C/,,) S00' 36' 18"E
Lot 2, Block 2, nCr; 139.03'
Valley View Addition bkci \ ,
z r/
Temporary Construction---- %i
Ease
Tract,en12t �i /
y'ik//&\ S19' 52' 52"W
��_//\ 103.35'
`////
Existing Utility //// S89' 23' 42"W
Easement ///// ` 20.00'
/iii/ /
Point of //// /
Beginning 1 N00' 36' 18"W
_ � � � I I 16.65'
L
S78' 56' 11"W ) Point of
23.32' Commencement
S78' 56' 11"w Southeast corner of
46.95' Valley View Addition
CITY OF SALINA. KANSAS
PUBLIC WORKS — ENGINEERING — UTILITIES
0 25 so s oo Tract 12
i Temporary Construction Easement
p SCALE: 1' = 50'
4e/ Y08-2713 r Mar 2010 xi
Z-2