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SW4-29-T14S-R2W (Tract 17 & 19) Temporary Construction Easement (expires 01/31/2019) c _ _ T /I IIIIIII111I1VIIIIIIIII1111111111II111111111111111VIII11111IIIIIII111II1IIII1 REBECCA SEEMAN "r:)REGISTER OF DEEDS SALINE COUNTY KANSAS ,.-?Book:1315 Page: 127-133 * s;:-`Pages R Receipt #:eco1rd0ed48: co 65 Recording Fee: $81.00 7 Date Recorded: 7/22/2016 9:15:28 AM TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement is made this 15 day of July , 2016, by and between William R. Smith and Harriett E. Smith, Trustees of THE WILLIAM AND HARRIETT SMITH TRUST under agreement dated February 23, 2012, (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, R, C and D (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(1Y2) years commencing August 1, 2016 and ending January 31, 2018; provided, however, that from February 1, 2018 through January 31, 2019, 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 E) J 1 CT: The Easement shall be binding upon and shall run with the Real Estate. TRUSTEE COVENANTS: Upon being first duly sworn upon oath, 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 ' • Book: 1315 Page: 128 Trustee under the Trust; and (5) as such Trustee, Grantor is authorized, pursuant to the Trust 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 WILLIAM AND HARRIIETT SMITH TRUST under agreement dated February 23, , 2012 By: 4/ ' William R. Smith,Trustee JAW OF By: • ./. - _ � : Harriett E. Smith,Trustee i STATE OF KANSAS,COUNTY OF SALINE, ss: - This instrument was acknowledged before me on AI'iDS , 2016 by William R. Smith and Harriett E. Smith, Trustees of THE WILLIAM HARRIETT SMITH TRUST under agreement dated February 23,2012. M appnintn,.nt evpie�c k 711/ T Kelli Bamhart �!�v I,�■ NOTARY PUBLIC STATE OF KAN AS Notary Public Kelli Barnhart i!1Ntil My Appt.Exp. ( . [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- Book: 1315 Rage: 129 S ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT CITY OF SAUNA,KANSAS By: J:e n A. Gage,City M ATTEST: • itzgoe Sh Wicks,CMC,City Clerk STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on July 15 , 2016, by Jason A. Gage as City Manager and Shandi Wicks, CMC, as City Clerk of the City of Salina, Kansas. My_appointment ex ires: BRENDA K.LINTON dfcLY,I, l�- - NOTARY PUBLIC Notary Public Brenda K. Linton °'12-1-9-- STATE OF KANSAS MY APPT. EXPIRES ,a.-y-2o/ TON iv 3n� -r° 1t• -3- Book: 1315 Page: 138 Exhibit.A Tract 18 Temporary Construction Easement Owner: William R. Smith and Harriett C. Smith Legal Description: A tract of land in the Southwest quarter of Section 29, Township 14 South, and Range 2 West of the Sixth Principal Meridian, Saline County, Kansas and more particularly described as follows: Commencing at the Southwest corner of said Southwest quarter, Thence on the South line of said Southwest quarter on an assumed beating of South 89°55'19" East, a distance of 1118.08 feet; Thence North 00°04'41" East, a distance of 59.98 feet to the Southeast corner of a tract of land described in Saline County Register of Deeds Book: 325, Page 586; Thence North 07°51'14"West on the East line of the said tract, a distance of 80.80 feet to the North line of a Utility Easement described in Saline County Register of Deeds Miscellaneous Book: 153, Page: 829; Thence North 89°55'19"West on the said North line, a distance of 30.29 feet to the POINT OF BEGINNING; Thence North 89°55'19"West on said North line, a distance of 40.39 feet; Thence North 07°51'14" West, a distance of 290.84 feet; Thence North 84°50'38" East; a distance of 42.31 feet to said East line; Thence South 39°40'02" Easton said East line, a distance of 24.27 feet; Thence South 84°50'38"West, a distance of 15.07 feet; Thence South 07°51'14" East, a distance of 274.50 feet to the POINT OF BEGINNING. The above described tract contains 0.273 acres more or less. Exhibit B Book: 1315 Page: 131 Tract 18, Temporary Construction Easement Owner: William R. Smith and Harriett C. Smith / - S39' 40' 02°E i / //// 24.27 Y // / / N84' 50' 38°E / / / ` ' 50' 38°W 42.31 / \/ / / 15.07 C Ij / / / / / / / V //// Y / / / / r / / / / . V / / / k/ / / / Permanent Utility V//// Easement Tract 17 Y / / / / r //// NOT 51' 14°W / / / / 290.84' V / / / / Y /// / \ 14°E r`�/ / // 274.50' �� / / / / / / / _ ' / / / / Temporary Construction / / Easement �// /// Tract 18 / / / / Point of Beginning N89' 55' 19°W ' / / // 4°.39.-41 /,/, \\ N89' 55' 19°W r , 30.29' Existing Utility Easement Book: 153, Page: 829 — /„—/- \ NOT 51' 14°W L / /// 80.80' Temporary Constructions-.c/ Easement Y/ //j Permanent Utility Tract 20 r // / / Easement Tract 19 — R/W — — — — — — — — —R/W — — - Point of Commencement Southwest N00' 04' 41°E Corner of Section 29 — T14S — 59.98' R2W Magnolia Road S89' 55' 19°E ( � � 1118.08 . — — CITY OF SAUNA, KANSAS PUBUC WORKS — ENGINEERING — UTILITIES 0 2s so 75 100 Tract 18 �� Temporary Construction Easement SCALE: 1" = 50' �+.n 08-2713 re Mar 2010 2-2 nu.e r.rq w.r w.me 0..0 �°c /I I Book: 1315 Page: 132 Exhibit C Tract 20 Temporary Construction Easement Owner: William R. Smith and Harriett C. Smith Legal Description: A tract of land in the Southwest quarter of Section 29, Township 14 South, and Range 2 West of the Sixth Principal Meridian, Saline County, Kansas and more particularly described as follows: Commencing at the Southwest corner of said Southwest quarter, Thence on the South line of said Southwest quarter on an assumed bearing of South 89°55'19" East, a distance of 1118.08 feet; Thence North 00°04'41" East, a distance of 59.98 feet to the Southeast corner of a tract of land described in Saline County Register of Deeds Book: 325, Page: 586; Thence North 89°56'30"West on the South line of said tract, a distance of 30.29 feet to the POINT OF BEGINNING; Thence North-89°56'30"West on the said South line, a distance of 40.38 feet; Thence North 07°51'14"West, a distance of 50.53 feet to the South line of a Utility Easement described in Saline County Register of Deeds Miscellaneous Book: 153, Page: 829; Thence South 89°55'19" East on said South line, a distance of 40.39 feet; Thence South 07°51'14" East, a distance of 50.51 feet to the POINTOF BEGINNING. The above described tract contains 0.046 acres more or less. Exhibit D Book: 1315 Page: 133 Tract 20, Temporary Construction Easement Owner: William R. Smith and Harriett C. Smith / / / / v / // / 1/// / / \ 1// / / / r / / / / \ V / / / / / / / 1, / / / / \ r / /ii (///,/ / Permanent Utility 1/ / /// Easement Tract 17 Y / / / / / / / / rt / /// / / / i / / / / / / Temporary Construction // / / Easement (//j j j Tract 18 / / / j//j \ /�i� Existing Utility Easement s89. 55' 19 E Permanent Utility Book: 153, Page: 829 r40.39' Easement, Tract 19 --1Tr TT „,,,,,,,,,,i, SOT 51'1' 14"E N07' 51' 14"W�L/ / // • 50.51' 50.53' / // / Temporary Construction 1( // / \ �� Point of Beginning Easement, Tract 20 /�x /'�►l \\\\\ N89. 56' 30°W N89' 56' 30-W / r / / / � 30.29' i R/W — — — — — — — — —R/W — — - Point of Commencement Southwest N00' 04' 41°E Corner of Section 29 – T14S – 59.98' R2W Magnolia Road _ S'89' 55' 19°E — — — • — 1118.08' CITY OF SAUNA, KANSAS PUBLIC WORKS — ENGINEERING — UTILITIES 0 '25 50 75 100 Tract 20 r Temporary Construction Easement r SCALE: 1- = 50' PPM.Q wx scn r 08-2713 I Mar 2010 2 2 �j1 mitre...,.,.r.,.r.rs+n.—. se p L—�• ! S\