S29, T14, R2W TRACT 15 - Amendment to Temporary Construction Easement '1` IIIIIIIII IIIIIIIII IIIIIIIIIIIIII NIH 11111II!IHIIIIII I IIUIIIHOIIIIIJ
REBECCA SEEMAN
( .:, . „:..'�-.REGISTER OF DEEDS SALINE COUNTY KANSAS
)Book:1349 Page: 86-89
Receipt #: 119681 Recording Fee: $72.00
Pages Recorded: 4 G-1 V
Date Recorded: 10/25/2018/ 3:55:33 PM
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AMENDMENT TO
TEMPORARY CONSTRUCTION EASEMENT
This Amendment to Temporary Construction Easement ("Amendment") is made this
/8 day of GZd4i.t.-- 2018, by and between PESTINGER ENTERPRISES. LLC, a
Kansas limited liability company. (the "Grantor"), and the CITY OF SALINA, KANSAS, a
municipal corporation, (the "City"):
• RECITALS
WHEREAS. Grantor and the City entered into a Temporary Construction Easement dated
January 22, 2016 (the "Temporary Easement"), which was duly recorded in the Office of the
Register of Deeds of Saline County, Kansas on February 12, 2016 at Book 1308, Pages 275-279,
binding the real estate legally described and depicted on the attached and incorporated Exhibits
A and B;
WHEREAS, the Temporary Easement was for a term of one and one-half (11/2) years
commencing April -1, 2016 and ending September 30, 2017; provided, however, that from
October I. 2017 through September 30. 2018, the City's employees or contractors had the right
to perform maintenance, repairs, or landscape work;
WHEREAS, the City was unable to utilize the Temporary Easement for the purposes of
constructing, installing, improving, and inspecting a sanitary sewer main as anticipated;
NOW THEREFORE. the Grantor amends the Temporary Easement, and the City accepts
the amendment, as follows: -
1. The term of the Temporary Easement is amended to read as follows:
TERM: The Easement shall be for a term of one and one-half(11/2) years commencing
January 1. 2019 and ending June 30, 2020; provided, however, that from July 1, 2020 through
June 30. 2021, the City's employees or contractors shall have the right to perform maintenance,
repairs, or landscape work on the Project.
2. Except to the extent amended above, the Temporary Easement is ratified and
confirmed in its entirety. __ . _- _ •
t.t..
•
--•_. �_ - -- -
Book 1349 ire: 87
. ' R
IN WITNESS WHEREOF, the Grantor has executed this Amendment to Temporary ,
Construction Easement effective as of the day and year written above.
PESTINGER ENTERPRISES, LLC
NOTARY 1P:winAaUNLIC-$Ial¢O1 Kama
eko
By: 7 1w/'-"�' �) ///
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�
My Comm.E'P' � /Oha Thomas R. Pestinger, President
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on 541-04.A. 1 21 , 2018 by Thomas
R. Pestinger as President of PESTINGER ENTERPRISES, LLC.
My appointment expires: O[11 o0a,
N4/11107j0±A
Not Public __
Prim ed name:Jr� Md P SS
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-I437e(a)(13)]
ACCEPTANCE OF AMENDMENT TO
TEMPORARY CONSTRUCTION EASEMENT
CITY OF SALINA, KANSAS
. / -
By: He
Mit hae D. Schrage. Interim City Manager
ATTEST:
Sade taw
Shandi Wicks, CMC, City Clerk
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on October 25 , 2018, by Michael
D. Schrage as Interim City Manager and Shandi Wicks, CMC, as City Clerk of the City of
Salina, Kansas.
My appointment expires: // �.7��1
Brenda K.Linton Notary Public
+��''rotmar Notary Public Printed name: Brenda K. Linton
MyState of Kansas
,Appt.-7 019
Book 1349 Page: 88
•
Exhibit A
Tract 15
Temporary Construction Easement
Owner: Pestinger Enterprises LLC
Legal Description:
A tract of land in the Northwest 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 Northwest corner of Valley View Addition, a Subdivision in
the City of Salina, Saline County, Kansas;
Thence on an assumed bearing of South 00°28'27" East on the West-line of said
Valley View Addition, a distance of 223.12 feet to the POINT OF BEGINNING;
Thence South 00°28'27" East on said West line, a distance of 1091.68 feet;
Thence South 37°26'48" West, distance of 65.09 feet;
Thence South 00°28'27" East parallel to said West line and extensions thereof, a
distance of 427.66 feet;
Thence North 89°32'39" East, a distance of 40.00 feet to said West line
extended;
Thence South 00°28'27" East on said West line extended, a distance of 20.00
feet;
Thence South 89°32'39" West, a distance of 60.00 feet;
Thence North 00°28'27" West parallel to said West line and extensions thereof, a
distance of 454.52;
Thence North 37°26'48" East, a distance of 65.09 feet to a point 20.00 feet West
of said West line;
Thence North 00°28'27" West parallel to said West line, a distance of.1084.98
feet;
Thence N 90°00'00" East, a distance of 20.00 feet to the POINT OF
BEGINNING.
The above described tract contains 0.755 acres more or less.
•
Exhibit B
Tract 15
Temporary Construction Easement
Owner: Pestingers Enterprises LLC
N.
\\N
—Point of Commencement
Northwest ,corner of
— Volley VV/ Addition
\ 223. 28' 27"E
N
223.12Point of
Beginning
108 98
Temporary Constc�ction r\28.
' 27"E
Easement
Tract 1
C
NW a Sectio 29, ry View
T 14 S, R 2 W ition
N37' 26' 48'8 Y,
65.09' f
S37fi 48,W _
65.09'
11 Permanenttillty
i Easement Trait 16
N00' 25' 27"WrAJ500' 28' 27"E
454.52' 427.66'
outhwest corner of 1 I N89' 32' 39"E
Volley View Addition 4 I 40.00•
589' 32' 39-W 500' 2W 27"E
S' 20.00'
/ 60.00'
% CITY OF SALINA, KANSAS
PUBLIC WORKS — ENGINEERING — UTILITIES
0 150 300 450 600 Tract 15
Temporary Construction Easement
SCALE: 1- = 300' miuiici
446
�i Revised: 2014-01-06 �08 273 „ J°° 201im. , 2-2
...<.,
Book 1349 Page: 89
i'
Exhibit B
Tract 15
Temporary Construction Easement
Owner: Pestingers Enterprises LLC
•
—Point of Commencement
Northwest corner of
• Valley View Addition
S00' 28' 27E
' N90' 00' 00•E 223.12' •
20.00'
Point of
Y Beginning
r
G
N00' 28' 27'W
1084.98'
500' 28' 27-E orory Construction 1091.68'
Eosement
Tract 15
G
NW a Section 29, Volley View
• T 14 S, R 2 W F Addition
Cr:
N37' 26' 48•E Gy
65.09'//
537' 26' 48'W
lc 65.09'
t
Permanent Utility
I Eosement Tract 16
27'W
kJi�i SO0' 28' 27E
NOW 28' 4.52 ( 1 42].66'
454.57 f� �I
Southwest corner of I N89' 32' 391
Volley View Addition 4D.00'
S89' 32' 39•W $00' 25' 27'E
60.00' 20.00'
CITY Cr SALINE, KANSAS
PUBLIC WURKS — ENCINEEPoNG — UTBJ11ES
o iso 300 450 600 Tract 15
��
�� Tmgavy Canawalon Easement
SC
ut r - 300' a rem
,a
13 _ Revised: 2014-01-06 °�..Z.n.:_� '°" �°' , 2-2
SCANNED