Temp Construction Easement (Tract #2)
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.,.....'''',~'..... REBECCA SEEMAN
/:~.~.....~.e.~;"{lEGISTER OF DEEDS SALINE COUNTY KANSAS
f:7~~'~':~~Y:\ . Book: 1212 Page: 229
\" \,aEE"s/.i Receipt #: 63661 Recording Fee: '20.00
\~ i;..........~~"'"/ Pagee Recorded: "I /' M ~ ~./lfJ.Mlant)
"l\~~:'...-I'~"" ~
Date Recorded: 5/20/2010 2:13:20 PM
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
(Tract 2)
COM CO. of KANSAS, a Kansas Corporation, a/k/a Com. Co. of Kansas, Inc., (the
"Grantor"), being the owner of the hereinafter described real estate, does hereby grant, dedicate,
and convey unto the CITY OF SALINA, KANSAS, a municipal corporation (the "City"):
A Temporary Construction Easement on the real estate legally described on the attached and
incorporated Exhibit A and depicted on the attached and incorporated Exhibit B for all rights of
ingress and egress of the City, its employees, contractors, and franchisees, for the purposes of
access, storage of materials and equipment, and surface reshaping or regrading, for a term of one
(1) year commencing with the date of this indenture.
Grantor hereby covenants that it is the lawful owner of the described premises and has the
right, power, and authority to convey the rights granted hereby.
IN WITNESS WHEREOF, the undersigned duly authorized officer of the Grantor set his
hand this l:2 day of April, 2010.
COM CO. OF KANSAS, a Kansas corporation
a/k/a Com. Co. of Kansas, Inc.
~!J~
John arietta, eSldent
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on April~12010, by John Marietta as President
of COM CO. OF KANSAS, a Kansas corporation, a/k/a Com. Co. of Kansas, Inc.
~ N~~~~~~~s~a7e~~K~~s
My Appt. Expires October 23. I
~~,~n;
Notary Public
My appointment expires: / D - ~3 -I 0
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
,
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Book: 1212 Page: 238
ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT
By:
CITY OF SALINA, KANSAS
~ / f)
'- v.--( ~
A n G. Peck, Mayor
ATTEST:
L~~
STATE OF KANSAS, COUNTY OF SALlNE, ss:
This instrument was acknowledged before me on May/?, 2010, by Aaron G. Peck as
Mayor and Lieu Ann Elsey as City Clerk for the City of Salina, Kansas.
dJJu~n4-J A" d:tL
Notary Public
A. laDONNA BENNETT
~ Notary Public - State of Kansas
My Appl. Expires October 23, ;)..DiD
Temporary Easement
Owner: Com. Co. of Kansas Inc.
Book: 1212 Page: 231
EXHIBIT A
TRACT #2
A tract of land located in the Northwest Quarter (NW Y4) of Section Thirty-Five (35),
Township Fourteen South (14S), Range Three West (3W) of the Sixth Principal Meridian in Saline
County, Kansas, being more particularly described as follows;
Commencing at the Northwest corner of the Northwest Quarter (NW Y4) of said Section
Thirty-Five (35), thence on an assumed bearing of S 89054'45" E along the North line of the
Northwest Quarter (NW Y4) of said Section Thirty-Five (35) a distance of 30.18 feet, to a point on
the West Right-of-Way line of the Union Pacific Railroad; Thence S 00020'04" E along the West
Right-of-Way line of the Union Pacific Railroad a distance of 120.85 feet to the Point of Beginning;
Thence continuing S 00020'04" E along the West Right-of-Way line of the Union Pacific Railroad a
distance of 20.00 feet; Thence N 89039'48" E a distance of 140.00 feet to a point 40.00 feet East of
the East line of the Union Pacific Railroad; Thence N 00020'04" W along a line 40.00 feet East of
and parallel with said East line a distance of 56.38 feet to a point 40.00 feet South of the South line
of Magnolia Road; Thence S 88056'22" E along a line 40.00 feet South of and parallel with said
South line a distance of 143.52 feet; Thence S 01056'43" W a distance of 19.48 feet; Thence S
88003'17" E a distance of 139.60 feet; Thence N 01056'43" E a distance of 19.80 feet to a point
40.00 feet South of the South line of Magnolia Road; Thence S 87025'58" E along a line 40 feet
South of and parallel with said South line a distance of 415.47 feet; Thence S 89052'58" E
continuing along a line 40.00 feet South of and parallel with said South line a distance of 71.91 feet;
Thence S 55054'06" E a distance of 293.93 feet; Thence N 75050'39" E a distance of 654.52 feet to
a point 40.00 feet South of said South line; Thence on a non tangent curve to the left being 40.00
feet South of and parallel with said South line having a radius 28747.87 feet, an arc length of319.42
feet and a chord bearing N 89043'34" E a distance of 319.42 feet to the West property line of
Premier Properties Inc. L.L.C. ; Thence N 00032'11" W along said West line a distance of 20.00
feet; Thence along a line 20.00 feet south of and parallel with said South Right-of-Way on a non
tangent curve to the right having a radius of 28727.87 feet, an arc length of 321.71 feet and a chord
bearing S 89043'43" W a distance of 321.70 feet; Thence S 75050'39" W a distance of 648.06 feet;
Thence N 55055'06" W a distance of 291.08 feet to a point 20.00 feet perpendicular distance from
the South Right-of-Way line of Magnolia Road; Thence N 89052'58" W along a line 20.00 feet
South of and parallel with said South line a distance of 77.60 feet; Thence N 87025'58" W
continuing along a line 20.00 feet South of and parallel with said South line a distance of 435.26
feet; Thence S 01056'43" W a distance of 20.02 feet; Thence N 88003'17" Wa distance of 99.60
feet; Thence N 01056'43" E a distance of 19.79 feet to a point 20.00 feet perpendicular distance
South of said South Right-of-Way line; Thence N 88056'22" W along a line 20.00 feet South of and
parallel with said South line a distance of 184.32 feet to a point 20.00 feet East of the East line of
the Union Pacific Railroad; Thence S 00020'04" E along a line 20.00 feet East of and parallel with
said East line a distance of56.87 feet; Thence S 89039'48" W a distance of 120.00 feet to the Point
of Beginning.
The above described tract contains 1.04 acres more or less.
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