Construction Easement
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TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this 1'3 day of January, 2005, by and between DK, Inc., (the
"Grantor") and the CITY OF SALINA, KANSAS, a municipal corporation (the "City").
WITNESSETH: The Grantor for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell, and 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 on the attached and incorporated Exhibit A and
as depicted on the Engineering Drawing attached and incorporated as Exhibit B (the "Temporary
Easement") for all rights of ingress and egress of the City, its employees, contractors, and
franchisees, for the purposes of access, storage of materials and equipment, surface reshaping or
regrading, and any other construction related activity necessary in relation to construction of the
new spur tracks connecting the Union Pacific mainline to the Scoular Elevator spur and sidings
for a tenn ending upon completion of construction or December 31, 2007, whichever expires
sooner.
IN WITNESS WHEREOF, the Grantor has signed this Temporary Construction
Easement the day and year first above written.
DK, Inc.
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STATE OF KANSAS, SALINE COUNTY, ss:
This instrument was acknowledged before me on this 13day of January, 2005, by Don P.
Diederich, President of and on behalf ofDK, Inc..
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ary PublIc
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
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Book: 1096 Page: 729
Receipt I: 22531 Total Fees: $16.00
Pages Recorded: 3
Date Recorded: 1/13/2885 3:45:15 PM
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EXHIBIT A
LEGAL DESCRIPTIONS OF TEMPORARY CONSTRUCTION EASEMENTS
A tract of land in Lee Industrial Park, according to the plat thereof recorded in the office of the Register
of Deeds of Saline County, Kansas, on April 1, 1964, in Book A-3 of Plats at Page 36, lying South and
West of the City of Salina Flood Control right of way, situated in the South Half (S/2) of the Southeast
Quarter (SE/4) of Section Six (6), Township Fourteen (14) South, Range Two (2) West of the 6th P.M. in
Saline County, Kansas, and more particularly described as follows:
Commencing at the Southeast corner of said Southeast Quarter;
Thence Westerly along the South line, on an assumed bearing ofS 89°38'14" W, a distance of753.25 feet
to the Point of Beginning;
Thence N 07°46'01" E, a distance of 43.93 feet;
Thence S 67°33'46" W, a distance of 115.71 feet to a point on the South line of said Southeast Quarter;
Thence N 89°38'14" E, along said South line, a distance of 101.02 feet to the POINT OF BEGINNING.
Said tract contains 0.05 acres, (2197 square feet), more or less.
AND
A tract of land in Lee Industrial Park, according to the plat thereof recorded in the office of the Register
of Deeds of Saline County, Kansas, on April 1, 1964, in Book A-3 of Plats at Page 36, lying South and
West of the City of Salina Flood Control right of way, situated in the South Half (S/2) of the Southeast
Quarter (SE/4) of Section Six (6), Township Fourteen (14) South, Range Two (2) West of the 6th P.M. in
Saline County, Kansas, and more particularly described as follows:
Commencing at the Southeast corner of said Southeast Quarter;
Thence Northerly along the East line of said Southeast Quarter, on an assumed bearing ofN 00°15'01"
W, a distance of 897.59 feet;
Thence S 89°44'59" W, along the South line of said Flood Control right of way line, a distance of233.28
feet;
Thence N 24°24'23" W, along said right of way line, a distance of 305.81 feet to a point on the existing
southerly Union Pacific Railroad right of way line;
Thence S 68°20'28" W, along said right of way line, a distance of 1027.93 feet;
Thence N 00°13'46" W, along said right of way line, a distance of 60.40 feet to the Point of Beginning;
Thence N 00°13'46" W along said right of way line, a distance of30.21 feet;
Thence Northwesterly along a 658.16-foot radius non-tangent curve to the left, an arc length of 59.81 feet
and having a chord which bears N 86°15'06" W, a distance of 59.79 feet to a point on said southerly
railroad right of way line;
Thence S 68°20'28" W, along said right of way line, a distance of 24.72 feet to a point on the West line of
said Lee Industrial Park;
Thence S 00°13'46' E, along said West line, a distance of20.82 feet;
Thence S 87°06'37" E, a distance of 82.77 feet to a point to the POINT OF BEGINNING;
Said tract contains 0.06 acres, (2453 square feet), more or less.
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Book:
1096 Page: 731
EXHIBIT B
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CONSTRUCTION EASEMENTS
TEMPORARY
OWNER:D.K.. Inc. S 67401
SALINA. K
7.535 m (24.72')
/9528 m (64,07')
. 840/ m (27.56')
9'208 m (30.2/')
(8 409 m (60.40')
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30.79/ m ((0/.02')
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Tract in SVz Sec. 6 Tl4S R2N
30.026 m (98.5/')
24.226 m (79.48')
/J.390 m (43.93')
35.268 m lI/5.7/')
II
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LEGAL DESCRIPTION:
SEE PAGE 2 THRU 5
"Th's does not constitute a
/ . . for
legol survey. drawing /s .
informational purposes only.
Scale: 1:2500
PAGE! OF 5
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