Surveyors Plat G, Lot 3 (Parcel 7, Tract 1) (ends 5/3/2017) (2) �,. ... REBECCA SEEMAN
..
•.I2€GISTER OF DEEDS SALINE COUNTY KANSAS
1'77;t.60,Tn..."j Book: 1296 Page: 591-598
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Receipt 4: 102115 Recording Fee: $19.00
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.:6•"�` Pages Recorded: 5 kabecca_ � J
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Date Recorded: 5/15/2015 3:23:33 PM
TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement is made this 13 day of April , 2015, by
and between James V. Lytle and Marilyn J. Lytle, Trustees, under THE JAMES V. LYTLE
TRUST DATED JUNE 3, 1999, (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, grading, reconstructing,
and inspecting the Ohio Street Improvements, Elm Street to North Street, City Project No. 14-
3039 (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 (1) year commencing May 4, 2015 and
ending May 3, 2016; provided, however, that from May 4, 2016 through May 3, 2017, 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.
TRUSTEE COVENANTS: 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 Trustee under the Trust; and (5) as such
Trustee, Grantor is authorized, pursuant to the Trust and without any limitation whatever, to
convey the Easement.
Book: 1296 Page: 595
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.
THE JAMES V. LYTLE TRUST DATED
JUNE 3, 1999
By:
mres V. Lytle, T.',stee
d& /
By: l/ • -
Marilyn J. L ' e, Tru,ee
ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT
CITY OF SALINA, KANSAS
By: a'
on A. Gage, City Manager
ATTEST:
■j" titdi,
Sh If di Wicks, CMC, City Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on ,4p r:/ 13, 2015 by James V.
Lytle and Marilyn J. Lytle as Trustees of the THE JAMES V. LYTLE TRUST DATED JUNE 3,
1999.
My appointment expires: 4
FFF
BRENDA K. LINTO : _ Brenda K. Linton Notary Public
NOTARY PUBLIC
� STATE OF KANSAS
MY ,r211 EXPIREs_j 0.44--go/J j -2-
• . Book: 1296 Page: 596
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on 61 11 , 2015, by Jason A.
Gage as City Manager and Shandi Wicks, CMC, as City Jerk of the CITY OF SALINA,
KANSAS, a municipal corporation.
My appointment expires: /
MICHELE,R.QRR MUTHS , I ! _ •
Notary`.Public State of Kansas . R. Orr— , r ,
My.Ap'p1 E,xp res -t9f it Notary Public
Michele Muths
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-3-
Exhibit A Book: 1296 Page: 597
Parcel 9
Tract 2 — Temporary Easement
Owner: The James V. Lytle Trust
A tract of land in the North 95 feet of the East 140 feet of Lot 3, Surveyor's Plot G, in
the City of Salina, Saline County, Kansas and more particularly described as follows:
Commencing at the East Quarter Corner of Section 12, Township 14 South, Range 3 West
of the 6th P.M.;
thence on an assumed bearing of South 00' 11' 26° West on the East line of said
Section 12, a distance of 95.00 feet to the south line of the North 95 feet of said Lot
3;
thence South 89' 59' 27° West on said south line, a distance of 43.00 feet to the Point
of Beginning;
thence South 89' 59' 27° West on said south line, a distance of ZOO feet;
thence North 00' 11' 26° East, a distance of 30.00 feet;
thence North 89' 59' 27° East, a distance of ZOO feet;
thence South 00' 11' 26° West, a distance of 30.00 feet to the Point of Beginning.
Said tract contains 210 square feet.
CITY OF SAUNA, 300 W ASH, SAUNA, KANSAS
PUBLIC WORKS— ENGINEERING — U77LI17ES
Exhibit A
Parcel 9, Tract 2, Temporary Easement
arra
2014-437 Aloy 2015 1-2
nna,c a1-07 o`a.1.4 �f p
. Book: 1296 Page: 598
Exhibit B
Parcel 9
Owner: The James V. Lytle Trust
. Point of Commencement
. East 1/4 Corner, Section
. 12, Township 14 South,
Range 3 West
Li
NORTH STREET; i
(i) I
•
U
5899'25"W 19.88 crj
South line of the North 35 feet of Lot 3—.0T /..v/-":'0
S40 34 30 E
• 15.13 �, •
Parcel 9
•
• ♦ .. ` ' Tract 1 — Permanent
507125"W %,' Easement
THE JAMES. V. L YTLE TRUST 18.51 ,y\ g 447 square feet
,,%!
o
PART OF LOT 3, w8959'277- 9 N
SURVEYOR'S PLAT G zoo ;/ •• r a
Parcel 9— V 2 '1 `v
Tract 2 — Temporary Easement ',2.i . k o
210 square feet "' �,' �"
v I /k `` N8959'27E
rr,,,, 300
Z` ,o� Tract 1 P.O.B.
58959'27"W ,�7.%" 4
South line of the North 95 feet of Lot 3 700 I/'/�. 5895927°W 40.00
. 58959 7"W 43.00
Tract 2 P.O.B. I \I
1
i
0 10 20 30 40
SCALE: 1" = 20'
CITY OF SAUNA 300 W ASH, SAUNA KANSAS
PUBLIC KIRKS- ENGINEERING-UTTUAES
Exhibit B
Parcel 9
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