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Lot 2, Block 2, Valley View Addition (Temporary Construction Easement) (ends 9/30/2018) IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIfil11111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII REBECCA SEEMAN OF DEEDS SALINE COUNTY KANSAS is ,iBook:1306 Page: 515-519 Receipt u: 100478 Recording Fee: 544.00 -- Pages Recorded: 5 L N Date Recorded: 12/18/2015 10:04 : 24 AM TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement is made this /1Widay of December, 2015, by and between Robert R. Hoffhines and Marsha L. Hoffhines a/k/a Marsha Robinson Hoffhines as Trustees of THE REVOCABLE INTER VIVOS TRUST OF ROBERT R. HOFFHINES DATED MAY 8, 1996 and Marsha L. Hoffhines a/k/a Marsha Robinson Hoffhines and Robert R. Hoffhines as Trustees of THE REVOCABLE INTER VIVOS TRUST OF MARSHA L. HOFFHINES A/K/A MARSHA ROBINSON HOFFHINES DATED MAY 8,1996, (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, installing, improving, and inspecting a sanitary sewer main, City Project No. 08-2713 (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 and one-half(1 V2) years commencing April 1, 2016 and ending September 30, 2017; provided, however, that from October 1, 2017 through September 30, 2018, 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. Book: 1386 Page: 516 TRUSTEE COVENANTS: Upon being first duly sworn upon oath, Grantor further covenants that: (1) Grantor is the Trustee under the Trusts; (2) the Trusts are revocable trust; (3) the Trusts remain in full force and effect at this time; (4) Grantor is the duly qualified and acting Trustee under the Trusts; and (5) as such Trustee, Grantor is authorized, pursuant to the Trusts and without any limitation whatever, to convey the above-described Easement. IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction Easement effective as of the day and year written above. THE REVOCABLE INTER VIVOS TRUST OF ROBERT R. HOFFHINES DATED MAY 8, 1996 / /1 By: � // / ° -✓1i..� Robert R. Hoffhines, rustee . By: (7))a1.1-1132) V J ACC J Marsha L. Hoflhines, T THE REVOCABLE INTER VIVOS TRUST OF MARSHA L. HOFFHINES A/K/A MARSHA ROBINSON HOFFHINES DATED MAY 8, 1996 By: Marsha L. Hoflhines, J•. ee //. By: ed J A re,. -- Robert R. Hoflhines, T o ee STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on December 2015 by Robert R. Hoflhines and Marsha L. Hoffhines a/k/a Marsha Robinson Hoffhines as Trustees of THE REVOCABLE INTER VIVOS TRUST OF ROBERT R. HOFFHINES DATED MAY 8, 1996, and Marsha L. Hoffhines a/k/a Marsha Robinson Hoffhines and Robert R. Hoflhines as Trustees of THE REVOCABLE INTER VIVOS TRUST OF MARSHA L. HOFFHINES A/K/A MARSHA ROBINSON HOFFHINES DATED MAY 8, 1996. /J My apw;nthient a fps: � ,t M.r�Lr-,� BONRAO.ORORI NOTARY i Bonta G. O'Rore NO STATE E OF OF KANSAS kNotary Public 'My Appt.Exp. 2-20 44 [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- Book: 1386 Page: 517 ACCEPTANCE OF PERMANENT UTILITY EASEMENT CITY OF SALINA, KANSAS BY: /L �.•_ I /r J,won A. Gage, City Manager ATTEST: Pod. &Jag Shan i Wicks, CMC, City Clerk STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on December {y 2015, by Jason A. Gage as City Manager and Shandi Wicks, CMC, as City Clerk of the City of Salina, Kansas. My appointment expires: ge r% K q/ BRENDA K. LINTON g Brenda K. Linton Notary Public NOTARY PUBLIC ! STATE OF KANSAS 1111 MY APPT. EXPIRES /a-y-24O/3j -3- • Book: 1306 Page: 518 Exhibit A Tract 12 Temporary Construction Easement Owner: Trust of Marsha L. Hoffhines and Trust of Robert R. Hoffhines Legal Description: A tract of land in Lot 2, Block 2, Valley View Addition to the City of Salina, Saline County, Kansas and more particularly described as follows: Commencing at the Southeast corner of said Valley View Addition; Thence on the East line of said Lot 2 on an assumed bearing of North 00°36'18" West, a distance of 16.65 feet; Thence South 89°23'42" West, a distance of 20.00 feet to the platted utility easement line; Thence on the said platted utility easement line South 78°56'11" West, a distance of 46.95 feet to the POINT OF BEGINNING; Thence on the said platted utility easement line South 78°56'11" West, a distance of 23.32 feet; Thence North 19°52'52" East, a distance of 111.73 feet; Thence North 00°36'18" West, a distance of 138.23 feet to the platted utility easement line; Thence South 82°35'53" East on said platted utility easement line, a distance of 20.20 feet; Thence South 00°36"18" East, a distance of 139.03 feet; Thence South 19°52'52" West, a distance of 103.35 feet to the POINT OF BEGINNING. The above described tract contains 0.113 acres more or less. '• ••.. Book: 1306 Page: 519 Exhibit B Tract 12 Temporary Construction Easement Owner: Trust of Marsha L. Hoffhines and Trust of Robert R. Hoffhines — — _ _ S82' 35' 53"E - - — 20.20' J Permanent Utility (4 Easement Tract 11 r Co L S00' 36' 18°E . Lot 2, Block 2, ion % \139.03' Valley View Addition or' I . zj Temporary Construction i N Easement �/ Tract 12 /// to/�^^�%/\ S19' 52' 52"W 6)i,t j j 103.35' `//% Existing Utilit y S89' 23' 42"w Easement /•iii/ N 20.00' Point of ////\ I Beginning _J. .. N00' 36' 18 5W — _-- 16.65' S78' 56' 11"W Point of 23.32' Commencement S78' 56' 11°w Southeast corner of 95. Valley View Addition . S' CITY OF SAUNA. KANSAS PUBLIC WORKS — ENGINEERING — UTaNIES 0 25 50 75 100 Tract 12 Temporary Construction Easement <r`AI F: 1' = 50• I" War 2010 na ^�08-2713 2-2 w�..--"._ I.t •