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NW4-NW4-S1-T14S-R3 (Temporary Construction Easement) (ends 04/01/2018) DEPARTMENT OF PUBLIC WORKS TELEPHONE • (785) 309-5725 Michael Fraser, Director of Public Works City FAX (785) 309-5713 Daniel Stack P.E., City Engineer TDD (785) 309-5747 Jim Teutsch, Operations Manager. E-MAIL: mike.:raser@salina.orq d a n.sta c k@sa l i na.orq 300 West Ash •P.O. Box 736 jim.teutsch@salina.orq Salina, Kansas 67402-0736 •Safina WEBSITE •www.salina-ks.gov March 6, 2017 Mr. Kevin Heit Environmental Specialist Compliance, Assistance & Enforcement Unit Bureau of Waste Management Kansas Department of Health and Environment Curtis State Office Building 1000 SW Jackson, Suite 320 Topeka, KS 66612-1366 Dear Mr. Heit, The Public Works Department, General Services Division is pleased to present its 2017 plans that continue our efforts in making improvements at closed city dump sites within Salina. Beginning today, the Streets work group will deploy a small crew of employees with a front-end loader, backhoe or other equipment, as necessary, to begin stockpiling the loose refuse, tires, lumber, concrete and other miscellaneous debris located within site #7, just east of North Ninth Street by Thomas Park. We intend to separate concrete with no rebar to: 1) use it for bank stabilization purposes if necessary and practical to do so or 2) bury the "clean" concrete in place as discussed in our telephone discussion on Friday, March 3, 2017. We anticipate this stage of the project to take approximately 3-4 weeks. Upon conclusion of our stockpiling efforts, we will deploy dump trucks to the site, load the debris and haul it to the landfill where it will be disposed of in accordance with our Facility Operations Plan. We anticipate this stage of the plan to take an additional 3-4 weeks. Assuming weather conditions permit and no unforeseen issues occur during the clean-up process, we anticipate completing this site by June, 2017. Upon conclusion of this site, staff will begin planning for the remaining sites identified in the KDHE letters dated January 19 and March 4, 2016; specifically sites #4 and #15. Engineering ♦ Streets ♦Traffic Control ♦ Flood Control ♦ Central Garage ♦ Sanitation • Landfill Our Mission is to Build and Maintain a Clean, Safe Community TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this 'day of March, 2017, by and between CHURCH OF CHRIST OF SALIVA, KANSAS. INC. a KANSAS corporation (the "Grantor") and the CITY OF SALINA, KANSAS, a municipal corporation (the "City"): WITNESSETH: That the Grantor, for good and valuable consideration, does hereby convey unto the City, a temporary construction easement in, through, over, and across a certain portion of land owned by the Grantor, as legally described and as depicted on the attached and incorporated as Exhibit A (the "Temporary Construction Easement") for all rights of ingress and egress of the City, its employees, contractors, and franchisees, for the purposes of covering and removing existing concrete and trash, removing trees, grading and inspecting. TERM: The Temporary Construction Easement shall be for a term of one (1) year commencing April 1, 2017 and ending April 1, 2018. RESTORATION: After completion of construction, the City shall restore the area of the Temporary Construction Easement by seeding the area disturbed by construction. Grantor acknowledges that grading within the Temporary Construction Easement may result in a permanent grade change. OWNERSHIP: Grantor covenants that Grantor owns the real estate upon which the Temporary Construction Easement is located and has the right, title and capacity to grant the easement herein conveyed. BINDING EFFECT. This Temporary Construction Easement is binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the Grantor and the City, and it is understood that this instrument cannot be changed or altered other than in writing, signed by both Grantor and the City. IN WITNESS WHEREOF, the Grantor has caused this Temporary Construction Easement to be executed the day and year first above written. CHURCH OF CHRIST ��OyyF SALINA, KANSAS, INC By: /lam(% 7 F 1-',(�r i3;41 13/u. 6' a/,'.cam , xis b 7 510/ ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT CITY OF SALINA, KANSAS By: soh �1 ' 64 JaA. Gage, City Manager ATTEST: . /1/4(t ucdL LIkkx Shandi Wicks, CMC, City Clerk ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: - ` This inst ment was ^^�acknowledged before me, on 3 - / 3P2017 by jivinno x lt{Lorj as bcs cow of e� cc/;K4 77A in-ir.6 occh,-iJf ll • My appointment exs LOUISE A. REGAN 1 air i a /„A„, a . ,,,,,, MyADG.. NoaryEzpiresPuhlic0 ��/�•ate of\K^a��J . iscA. (Zc a ri Notary 'tic STATE OF KANSAS, COUNTY OF SALINE. ss: Apri instrument was acknowledged before me on I 3. 2017, by Jason A. Gage as City Manager and Shandi Wicks as City Clerk for thCity of Salina, Kansas. 1 ( /// My appointment expires: to—g_° W i 8 / / Pais— f CYNTHIA S. WOLFF CynTh;aS. t Sir Notary Public /' NotaryPublic• Staff of K MyAppt.Expires �oQ� 0 anni [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -9- °71/Bir A TEMPORARY CONS1RUCTION EASEMENT OIMIER CHURCH OF CHRIST OF SAUNA KANSAS INC. A TRACT OF LAND IN INE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 1, 7014 NSHIP 14 SOUTH, RANGE 3 WEST OF TIE 6T7I P.M., IN THE an a-SAUNA SALINE COUNTY, KANSAS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS' COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF SECTION 1; THENCE ON AN ASSUMED BEARING ON THE WEST UNE OF SAID NORTHWEST QUARTER OF SECTION 1 OF NORTH 00'08' 5C EAST, A DISTANCE OF 131&20 FEET TO THE SOUTH LINE OF THE NO7I1-IWEST QUARTER OF SAID NORTHWEST QUARTER OF SECTION 1; THENCE NORTH 89'55' 46"EAST ON SAID SOUTH UNE; A DISTANCE OF 11190 FEET TO THE EAST NINTH STREET RIGHT OF WAY UNE AND INE PONT OF BEONMNC THENCE NORTH 00' 11' 12"EAST ON SAID RIGHT OF WAY UNE; A DISTANCE OF 150.89 FEET; THENCE SOUTH 65'09' or EAST, A DISTANCE OF 35813 FEET R7 THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID NORTHWEST QUARTER OF SECTION 1; ' THENCE SOUTH 89'55' 46' WEST ON SAID SOUTH LINE A DISTANCE OF 32547 FEET 70 THE PONT OF BEGINNING. S411) TRACT CONTAINS 056 ACRES • 3 • • • WY OF SALWA 300 M ASI( SSLWA KANSAS P0&IC WWKS — ENOWfERWG — MUTES EXHIBIT A - Temporary Construction Easement sea 2017-569 Mar 2017 Z ns Maes, I^an MIT 8 TEMPORARY CCWSIRUCTCW EASEMENT ONNElt CHURCH OF CHRIST T SALIVA, KANSAS INC. 1 _ •— i Existing Right of Way Line I I o_ (� w 1 izu W ai N 90 j+ I z Temporary Construction Easement South Line of NW of NW of Section 1 N8955467' 11.390 325.47 S895546'W Point of Beginn in g Southwest Cornier of Northwest Quariter of Section 1 11 I — art or Stlh4, 300 r A91. SALIVA, KANSAS PJC *MKS- ENGIAEERING- U17U1E5 EXHIBIT B 30 0 30 60 lemporcry Construction Ecsemeno Pak at r iso. 207-569' a+0 2017 L