Loading...
Lots 1-4, Block 1 •it ' REBECCA SEEMAN f+.`-- °"�2EGISTER OF DEEDS SALINE COUNTY KANSAS r" ` ' , Book: 1301 Page: 628-632 Receipt ": 109532 Recording Fee: 619.00 '' ' Pages Recorded: 5 GN N mi . Date Recorded: 8/21/2015 10A2:17 AM TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement is made this 11th day of August, 2015, by and between Millicent F. Triplett, Rebecca L. Augustine, and Advantage Trust Company, as Trustees, of THE REBECCA L. AUGUSTINE TRUST NO. 2 DATED APRIL 21, 1977, f/k/a Trust No. 1 of the Rebecca Lynn Augustine Agreement Trust No. 2 dated April 21, 1977, f/k/a Trust 1 of the Rebecca L. Augustine Trust No. 2 U/A dated April 21, 1997, (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 August 11, 2015 and ending August 10, 2016; provided, however, that from August 11, 2016 through August 10, 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 an irrevocable 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 Book : 1301 Page : 629 Trustee, Grantor is authorized, pursuant to the Trust and without any limitation whatever, to convey the above-described Easement. 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 REBECCA L. AUGUSTINE TRUST NO. 2�DATED APRIL 21, 1977 By: V 1i.CcA 1u:1.� A// ( Millicent F. Triplett,Trustee eaBy: L Rebecca L. Augustine, Trustee Advantage Trust Company, Trustee By ie Sag- • er, 0 ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT CITY OF SALINA, KANSAS By: J on A. Gage, City Mana r Al I EST: dirt )tgg Sh di Wicks, CMC, City Clerk -2- • Book : 1301 Page : 630 ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on August If , 2015 by Millicent F. Triplett as Trustee of THE REBECCA L. AUGUSTINE TRUST NO. 2 DATED APRIL 21, 1977, f/k/a Trust No. 1 of the Rebecca Lynn Augustine Agreement Trust No. 2 dated April 21, 1977, f/k/a Trust 1 of the Rebecca L.Augustine Trust No. 2 U/A dated April 21, 1997. My appointment expires: _AsROBERT B. RICHARDSON J a 2. 4 ,1.-- Notary Public-State of Kansas NO Public My Appt. Expires $.29•/b Robert B. Richardson STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on August 11th 2015 by Rebecca L. Augustine as Trustee of THE REBECCA L. AUGUSTINE TRUST NO. 2 DATED APRIL 21, 1977, f/k/a Trust No. 1 of the Rebecca Lynn Augustine Agreement Trust No. 2 dated April 21, 1977, Uk/a Trust 1 of the Rebecca L.Augustine Trust No. 2 U/A dated April 21, 1997. My appointmetai-eip4fes: JAMIE TUCKER vase NOTARY PUBLIC J�- STATE Of KANSAS Notary Public My App-Exp. (0-2"-i ‘ 'e Tucker STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on August 11th, 2015 by Julie Sager Miller as CEO of Advantage Trust Company as Trustee of THE REBECCA L. AUGUSTINE TRUST NO. 2 DATED APRIL 21, 1977, f/k/a Trust No. 1 of the Rebecca Lynn Augustine Agreement Trust No. 2 dated April 21, 1977, f/k/a Trust 1 of the Rebecca L.Augustine Trust No. 2 U/A dated April 21, 1997. My appointors nt ex res: JAMIE TUCKER NOTARY PUBLIC STATE OF KANSAS MY ARK Exp. 1 n-Z9-I Notary Public Jamie Tucker STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on Augustl2th , 2015 by Jason A. Gage as City Manager and Shandi Wicks, CMC, as City Clerk of the CITY OF SALINA, KANSAS, a municipal corporation. p MraPPmn elllugpuesoN //J V 4 • NOTARY PUBLIC L "� q STATE OF KANSAS ./ Notary Public MY APPT. EXPIRES 10—y- 20/J` Brenda K. Linton [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -3- Exhibit"A Book; 1301 Page : 631 Parcel 3 Tract 2 - Temporary Easement Owner. Trust 1 of the Rebecca L. Augustine Trust No. 2 A Tract of land located in Lots 1-4, Block 1,/Triplett II Addition; Lot 10, Block 2, Lokewood Addition Replat and Block 7, Lakewood Addition, all in the City of Salina, Saline County, Kansas, and more particularly described as follows: Commencing at the Northwest Corner of Lot 1, Block 1, of said Triplett II Addition; thence on an assumed bearing of South 00' 10' 30" West on the west line of said Lot 1, a distance of 37.81 feet to the Point of Beginning; thence North 37' 56' 31" East, a distance of 28.47 feet to south right of way line; thence South 88' 48' 51" East on the south right of way line, o distance of 7.65 feet; thence South 45' 18' 20' West, o distance of 28.22 feet; thence South 00' 11' 26" West, a distance of 472.80 feet to the south line described in Book 1123, Page 1964; thence North 90' 00' 00' West on said south line, a distance of 4.95 feet to the Southwest corner of Parcel described in Book 1123, Page 1964; thence North 00' 10' 30' Eost on the east right of way line of Ohio Street, a distance of 470.36 feet to the Point of Beginning. Said Tract contains 2479 square feet more or less. CITY OF SALINA, J00 W A9{ SAUNA, KANSAS PUBLIC MLRKS- ENaNEERA'C - UTRTRES Exhibit A Parcel 3, Tract 2, Temporary Easement 2014-437 .� May 2075 r;—2 P . Book: 1301 Page : 632 Exhioil B Parcel 3 Owner: Trust 1 of the Rebecca L. Augustine Trust No. 2 Northwest comer of Lot 1, Block 1, Triplett II Addition 5070'J0•W N88'4831'W NORTH STREET 1500 — -i1 588'4851 — Tract 1 765 -POB re Existing R/W POB re 5070'.30-1V 2 I f 28 8.47 47 2281 54578'1O'W Tract 2 � 28.22 P08 sl Parcel3 Tract 1 - Right of Way ( 199 square feet ATrust No. 1 to the REBECCA L. AUGUSNNE TRUST Na 2 ce i li- ce r ,Nr Block 1, Triplett II Addition .e' �f W gI I 0 1), Parcel3 W L�Tract 2 - Temporary Easement 4 2479 square feet FE 1 (r) o h , 0 30 60 90 120 O v SCALE 1' a 60' W A f 3 o 'rI= 2 ;IH Me^ ,I w Trust No. 1 to the REBECCA L. AUGUSTINE TRUST No. 2 Block 1, Triplett II Addition 100' KPL Easement .k a 15oat Line fo Boc1; Trrplett Addition Bk s9, Pg 165 ^north Line of Block 75;$la=2, LokewooL-44dit Replol t�� Trust No. 1 to the-REBECCA L. AUGUSTINt t".7tJS�No. 2 F Port of Lot 10, Block 2, Loze*o ddition Replor-- _ _ South Line of Block 10, Block 2, e,+6ad Addition Replat tl North Line of Block 7, Lakewood Addition ` 14.;-.5.9_&V 1 7Tasi-77 I to the REBECCA L. AUCUSTNE TRUST Na 2 0 " _ 7. PVri- al�ock 7, Lakewood Addition N 0 - f _ N9O7300O'W South Line of Line�escrih ed . 4.95 ��in Book 1123, Page 1964 — _ arr Or S1LINA XI w Asl SAL WA, KANSAS `Southwest corner Porcel described -- aac IIMIS- TNi'.Lr2NG- UM TES in Book, 1123, Page 1954 Exhibit b3 B •x2014-437 In .b+2015 2 2