NW4-S1-T14S-R3W (Temporary Construction Easement) (ends 4/1/2018) DEPARTMENT OF PUBLIC WORKS TELEPHONE (785) 309-5725
Michael Fraser, Director of Public Works FAX •(785) 309-5713
Daniel Stack P.E., City Engineer - TDD (785) 309-5747
Jim Teutsch, Operations Manager E-MAIL: mike.'raser@salina.orq
dan.stack@salino.orq
300 West Ash • P.O. Box 736jim.teutsch@salina.orq -
Salina, Kansas 67402-0736 Salina
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,
lj
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 ay of March, 2017, by and between ST. JOHN'S
MILITARY SCHOOL. a KANSAS not-for-profit 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.
ST. JOHN'S MILTARY SCHOOL
•
By: OWN M •
LINA'et�1N1(InUnci �
ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT
CITY OF SALIVA. KANSAS
t
By: '- ' 4 , .►t1.
Jason A. Gage, City Manager
ATTEST:
Shandi Wicks, CMC, City Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss: A
This instrument was acknowledged bMG
,before me on W1 ii, 2017 by
)IIIAI e ,Plc1ti asThiOffinAnUai rfI(Q1 oofSI.l6h1'l\ Miota►tiC(hwf
OW M I.CrOHEySAUR Phligitn
Y appointment expir c :�UTn�y�$W''L '
SRTcAFt J Notary Public
``� !?4'1 Aut.vxn �`"'"
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on 'M.UYI X), 2017. by Jason A.
Gage as City Manager and Shandi Wicks as City Clerk for the City of Salina, Kansas.
My appointment expires:(a
64---
ALLISON STRAIT
pED0A
Notary Public-State of Kansas
My Appt Expires Io 25- 2O ��1�50(l ,{ Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13))
-9-
EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT
OWNER: ST JOHNS MILITARY 5CH0CY
(RECORDED SALINE COUNTY ROD BK: 1135 PC: 1545)
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION OWE (1), TOWNSHIP FOURTEEN (14) SOUTH, RANGE THREE (3) WEST
OF THE 6114 P.M., IN SALINE COUNTY, KANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT Thi SOUTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE ON AN ASSUMED BEARING OF N 00'08' 57'E ALONG THE
*EST LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 131820 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID
NORTHWEST QUARTER; THENCE N 89'55' 34' E ALONG THE NORTH UNE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST WARIER A
DISTANCE OF 11390 FEET TO A PONT ON THE EAST RIGHT OF WAY LINE OF NINTH STREET (OLD HIGHWAY 81), SAID POINT ALSO BEING THE
POINT OF BEGINNING CF THE PARCEL TO BE DESCRIBED;
THENCE CONTINUING N 89'55' 34' E ALONG SAID NORTH LINE A DISTANCE OF 571.94 FEET TO THE NORTHWEST CORNER OF PARCEL
RECORDED W BOOK 110E PACE 181 AT THE SALINE COUNTY REGISTER CE DEEDS OFFICE;
THENCE 5 00'20' 23' W ALONG THE WEST LINE OF SAID RECORDED PARCEL A DISTANCE OF 440.27 FEET TO THE SOUTHWEST CORNER OF
SAID RECORDED PARCEL;
THENCE S 89'34' 12" E ALONG THE SOUTH LINE, AND EXTENSIONS THEREOF. OF SAID RECORDED PARCEL A DISTANCE OF 299.17 FEET TO
THE NCRT144E5T CORNER OF A PARCEL RECORDED W DEED BOOK 384, PAGE 744 AT THE SALINE COUNTY REGISTER OF DEEDS OFICE,•
THENCE S 00'27' 46" W ALONG THE WEST LINE OF SAID RECORDED PARCEL A DISTANCE OF 144.95 FEET TO 714E SOUTHWEST CORNER OF
SAID RECORDED PARCEL;
THENCE 5 89'35'27' E ALONG THE SOUTH LINE OF SAID RECORDED PARCEL A DISTANCE OF 280.48 FEET TO A POINT ON THE CITY OF
SAUNA RIGHT OF WAY FOR FLOOD CONTROL LEVEE-
THENCE 5 04'J9' 34' W ALONG SAID RIGHT OF WAY A DISTANCE OF 134.70 FEET,•
THENCE N 89'58' 19' W ALONG SAID RIGHT OF WAY A DISTANCE OF 872.50 FEET;
THENCE N 13' 11' 16" E ALONG SAID RIGHT OF WAY A DISTANCE OF 137.82 FEET;
THENCE N 89'58' 19' W ALONG SAID RIOJIT OF WAY A DISTANCE OF 50.00 FEET TO A PONT IN PIE CENTERUNE OF DRY CREEK.
THENCE N 03'31' 34" E ALONG SAID CENIERUNE A DISTANCE OF 25826 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 10.00
ACRES OF SAID SOUTHWEST WAR1L:7 OF 714E NORTHWEST QUARTER,
THENCE S 89'55' 38" W ALONG SAID SOUTH LINE A DISTANCE OF 262.14 FEET TO A POINT ON SAID EAST RIGHT OF WAY LINE OF NINTH
STREET(OLD HIGHWAY 81);
THENCE N 00'04' 48' E ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 330.89 FEET TO THE PONT OF BEGINNING
AND
(RECORDED SALINE COUNTY ROD BK: 1170 PG 740)
A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 14 SOUTH, RANGE 3 WEST OF THE 6174 PRINCIPAL
MERIDIAN IN SALINE COUNTY, KANSAS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER CAF SAID NORTHWEST WARIER; THENCE ON AN ASSUMED BEARING CF S 89'58' 19' E ALONG THE
SOUTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 44.97 FEET; THENCE N 00' 08' 57' E ALONG THE EAST RIGHT OF WAY LINE OF
NINTH STREET (OLD HIGHWAY 81), AND EXTENSIONS THEREOF, A DISTANCE OF 80.23 FEET; THENCE N 87 13' 57'E ALONG SAID EAST RIGHT
OF WAY LINE A DISTANCE OF 29.63 FEET; THENCE N 00'27' 39' E ALONG SAID EAST RIGHT OF WAY UNE A DISTANCE OF 123.95; THENCE
N 02'31' 57' E ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 327.25 FEET TO THE POINT OF BEGINNING OF PIE PARCEL TO BE
DESCRIBED;
THENCE CONTINUING N 02'31' 57' E ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 23.05 FEET;
THENCE N 00'04' 57" E ALONG SAID EAST RIGHT OF WAY UNE A DISTANCE OF 400.00 FEET;
THENCE N 89'53' 03" E ALONG SAID EAST RIGHT OF WAY UNE A DISTANCE OF 2500 FEET,
THENCE N 00'04' 48" E ALONG SAID EAST RIGHT OF WAY UNE A DISTANCE OE 3t85 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH
10.00 ACRES CF THE SOUTHWEST WARIER OF SAID NORTHWEST QUARTER;
THENCE N 89'55' 38' E ALONG SAID SOUTH LINE A DISTANCE OF 262.14 TO THE CENTERLINE OF DRY CREEK;
THENCE S 03'31' 34' W ALONG SAID CENTERLINE A DISTANCE OF 25826 FEET;
THENCE S 17 42' 19" W ALONG SAID CENTERLINE A DISTANCE OF 172.08 FEET;
THENCE 581'20' 56" W A DISTANCE OF 22310 FEET TO 714£ POINT OF BEGINNING
WY OF SALWA 500 N ASk SAL WA. KANSAS
PUHLIG KIRKS — ENGINEERING — UT4IDE5
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