Kansas Wesleyan University Construction easement (ends 4/30/2016) REBECCA SEEMAN
t.--" °`I;FGISTER OF DEEDS SALINE COUNTY KANSAS
`Eo:`"`,.j Book: 1275 Page: 60-63
„�''O ECO`+
''a�k....,.,° .••2 Receipi a: 91631 Recording Fee: 'MOO
+.>" Pages Recorded: 9 C N Rthecca_ - )
Date Recorded: 11/22/2013 10:53:57 AM
TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement is made this 24 day of October , 2013, by
and between KANSAS WESLEYAN UNIVERSITY, a Kansas not-for-profit corporation, (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 Exhibit A (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, grading, improving, reconstructing,
and inspecting the Ninth and Cloud Improvements, City Project No. 11-2872 (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 by seeding or paving 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 (1) year commencing May 1, 2014 and
ending April 30, 2015; provided, however, that from May 1, 2015 through April 30, 2016, 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.
IMPROVEMENTS: Grantor acknowledges that the construction of any building or
structure on the Real Estate is governed by the Salina Code as it may be amended from time to
time (currently Sec. 42-63).
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: 1275 Page: 61
KANSAS WESLEYAN UN,VERSITY
tail' 't i
By:
Wayne chneider, Vice President
ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT
CITY OF SALINA, KANSAS
BY Al cl__L . A;• ISM
Jas. A. Gage, City Manager
ATTEST:
∎a
Lieu Aim Elsey, CMC, i Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on ilkr p7�, 2013 by Wayne
Schneider as Vice President of Kansas Wesleyan University, a Kansas not-for-profit corporation.
My appointment expires:7/,j/6, /
Icup fl.-RA RN NOHiFIUP •tary P • c
SEAL; MY . EXPIRES
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on Naremtr /Z, 2013, by Jason A.
Gage as City Manager and Lieu Ann Elsey as City Clerk of the City of Salina, Kansas.
My appointment expires: 4.2CI/A7//p ^ ,' l
SHANDI L. WICKS i \� �C-/ GCJ
1 z0.1 Notary Public-/S�late/�of Kansas Notary Public
�My Appt.Expires y )
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
Book : 1275 Page: 62
Exhibit A - Page 1 of 2
Description:
A tract of land in Lot 98, on Ninth Street, in the Grounds of the Kansas Wesleyan University, on addition to the City
of.Salina, County of Saline, Kansas and more particularly described as follows:
• Commencing at the southwest corner of said Lot 98;
thence on an assumed bearing of South 89' 42' 58" East on the south line of said Lot 98, a distance of 600 feet
to the Point of Beginning;
thence North 0' 18' 14" East, a distance of 6.00 feet;
thence North 89' 41' 46" West, o distance of 600 feet to the west line of said Lot 98;
thence North 0' 20' 06" East on the west line of said Lot 98, a distance of 15.34 feet;
thence South 44' 24' 37' East, a distance of 30.02 feet to the south line of said Lot 98;
thence North 89' 42' 58" West on the south line of said Lot 98 a distance of 15.13 feet to the Paint of Beginning.
Said tract contains 189 square feet more or less.
air Or SAUNA. J00 W ASH. SALIVA. KANSAS
PUBLIC WORKS-ENL2NEERING-UIILIIBS
w1O 11-2872 I" May 2013 ��_1
rum. magmas. In 11,
. ,
Book: 1275 Page: 63
Exhibit A Page 2 of 2
1
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t s, I Parcel 5 KWV
si I Lot 88, Lot 90, Lot 92, Lot 94,
o I Lot 96, and Lot 98 on Ninth
Ho. I Street, in the grounds of
` Kansas Wesleyan University
c2 Addition
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t -SY ££
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it Tract 3 Temporary Construction Easement
N89'41'46°W 189 square feet
6.00 #,'�4 Li ' #.,
N078"14°E N89%1758°W 15.13--- \ l----
6.00 ` Existing Cloud Street Right-of-way
Point of Beginning - Tract J
589'42'58"E
`\ 6.00
Point o1 Commencement - Tract .3
Southwest corner of Lot 98
Legend
---- Right-of-way line N CITY OF SAUNA 300 W ASH, SAUNA KANSAS
- Easement tine PUDIC WORKS-ENQNEERINC- U1LIYES
Property live
0 10 20 30 40
Note: All distances are in feet ""
11-2872 I May 207.3
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