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Lot 3, Surveyor's Plat G Temporary Construction Easement (ends 8/30/2017) s '�E .. REBECCA SEEMAN .?:• _..43f GISTER OF DEEDS SALINE COUNTY KANSAS , !Book: 1302 Page: 612-615 $ ``° *1 Receipt 4: 109992 Recording Fee: $36.00 `''''' ' Pages Recorded: 9 letheao_ —35.ccernami h r. Date Recorded: 9/11/2015 3:19:23 PM TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement is made this/. day ofe..,bed 2015, by and between TRIPLETT, INC., a Kansas 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 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 31, 2015 and ending August 30, 2016; provided, however, that from August 31, 2016 through August 30, 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. 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 : 1302 Page: 613 TRIPLETT, INC. By: ark Augustine, resident ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT CITY OF SALINA, KANSAS By: 'i�' _ t& Y• J.:on A. Gage, City Man . er ATTEST: Shafidi Wicks, CMC, City Clerk ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on 9 I C) t , 2015 by Mark Augustine as President of TRIPLETT, INC., a Kansas corporation. My appointment expires: 0-7_q - l tP JAMIE TUCKER NOTARY PUBLIC Jamig Tucker Notary Public STATE OF KANSAS STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on&pt21'I'1lOr'/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 p My appointment expires: '0- o�c20'o _ WL , // � ► CYNTHIA S. WOLFF Notary C Y nthi S. Wolff Nota Public/ = Notary Public- State of Kansas My Appt,Expires 10—g-c20/g [A real estate sales validation questionnaire is not required pursuant to K.S.A.79-1437e(a)(13)) -2- exhibit A Book: 1302 Page: 614 Parcel 8 Tract 2 — Temporary Easement Owner: Triplett, Inc. A tract of land located in Lot 3, Surveyor's Plat G, 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 South 00' 11' 26° West, a distance of 116.19 feet; thence North 90' 00' 00" West, a distance of 5.00 feet; thence South 00' 11' 26° West, a distance of 164.98 feet; thence North 89' 48' 34" West, o distance of 10.00 feet; thence South 00' 11' 26" West, a distance of 6.17 feet to the South line of a tract described in Saline County Register of Deeds Book: 285, Page: 51; thence South 67' 37' 00" Eost on the south line of said described tract, a distance of 23.76 feet; thence North 00' 11' 26" East, o distance of 296.37 feet to the Point of Beginning. Said Tract contains 3028 square feet. cm'OF SAUNA, 300 W ASH, SAUNA, KANSAS PUBLIC WORKS— ENPNEERING — U77U71ES Exhibit A Parcel 8, Tract 2, Temporary Easement wia ac Re? 2014-437 May 2015 1-2 v,.., I" • I Book: 1302 Page: 615 Exhibit B Parcel 8 Owner. Triplett, Inc. Point of Commencement — East 1/4 Corner,I:Section 12, Township 14 South, Rc nge: 3 West o 1 1 N8959'27 E I *f..\ 3.00 I I Tract 1 S8959 27°W P.O.B. 700\ S8959'2714, 40.40 South Line of the North I,/ '895927°W 43.00 95 feet of Lot 3 Tract2- I P.O.B. / t i f� • /, c 1 3I jii o oI N, ct w U E `` o, a) Parcel 8 " ... Tract 1 - Permanent Easement • tl 891 square feet / ' W CD r k 1/ C Y U I Z N90V0 00°W r I— I 5.00 WOO [/N,14� Cy ` 3 C 1/r'' N I- (--.\ HO Parcel 8 ./ Tract 2 - Temporary Easement co l/ <' 3028 square feet m I t` to! 3I NI;/ El /,‘ tnIrl I/j S 1/'o�'fh I / 0'9s .i"s of I/// . 28Soi3O i' / i • o / Ao9P S/ I' t■ 0 20 40. 60 80 ■N89 48'34°W / 1 10.00 " SCALE: 1' = 40' /` 507126°W ' �' 6.17 I N6737 00°W I cm'Or SAUNA 300 W ASH, SAUNA, KANSAS 567370CrE 3.24 1 PUBLIC NORA'S- ENGINEERING- MIRES 23.r6 i Exhibit B IPared 8 I I 2014-437 DIM Jmi 2015 2-2 O . ;. ,..��.m�.. ift . �6. 3