River Trail Addition - Block 04 - Lot 38 (ends 12/31/2014) ' REBECCA SEEMAN
�•`"'`••� GISTER OF DEEDS SALINE COUNTY KANSAS
Book: 1235 Page: 998-951
s `.°E E n s i•% Receipt : 73938 Recording Fee: $20.00
Pages Recorded: 9 C N Aberm-
1 Dat a Recorded: 9/30/2011 1:96:53 PM
i
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this I
L day of 2011, by and between MARK
ELMER and MARY L. ELMER, husband and wife, (t e °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 constructing,
grading, improving, reconstructing and inspecting the East Magnolia Improvements, City Project
No. 10-2808 (the "Project") in the manner called for in the project plans.
TERM: The Temporary Construction Easement shall be for a term of two (2) years
commencing January 1, 2012 and ending December 31, 2013; provided, however, that from
January 1, 2014 through December 31, 2014, the City's employees or contractors shall have the
right to perform maintenance, repair, or landscape work on the Project.
RESTORATION:. After completion of construction, the City shall restore the area of
the Temporary Construction Easement by seeding or paving as set out in the project plans and
specifications. 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.
Book® 1235 Page® 449
IN WITNESS WHEREOF, the Grantor has caused this Temporary Construction
Easement to be executed the day and year first above n.
M'er
Nfary L. ftmer
ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT
CITY OF SALINA, KANSAS
By: J, L.
Fason A. Gage, Jity Ranager
T EST:
Lieu Ann Elsey, CLC, City Clerk
ACKNOWLEDGEMENTS
ariZs�a - �Ylar�c6 �.
STATE OF YN;A, COUNTY OF 9ATMqV_, ss:
This instrument was acknowledged before me on 6Vk34 2011 by Mark Elmer and
Mary L. Elmer, husband and wife.
umm +r wet
My appointment expires:Svkl � � 1 a of q NOW'Pubk-A'N01'
Tw P�l 1O"��s
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on 2,1, 2011, by Jason A.
Gage as City Manager and Lieu Ann Elsey as City Clerk for the City of Salina, Kansas.
My appointment expires: N IA 1xia..:
Notary Public
SHANDI L. WICKS
> Notary Public State of Kansas
My Appt.Expires
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
inns ■=235--TPane - ` 4
EXHIBIT
I
River Trail Addition
City Limits Lot 39, Block 4
2359 Aidan Ct.
Exist. R/W 50' 1
West Line
Q of Lot 38
°
Tract 12
Q I Mark & Mary L. Elmer
2353 Aidan Ct,
Li I River Trail Addition
South Section Line Lot 38. Block 4
Exist. Utility
Easement 90-' 1
/0.00-1
Ln N01 004"48"W
�o
29.20' 29.24'
588055'12"W N88°55'l 2"E
Drain 5,ge Easement
Area: 292 Sq. Ft. �—�
Point o Beginning
East Line of Lot 38
SE Corner of Lot 38 I 10.00'
S00 05232"E
IUnp/atted - S30-T l4S-R2W
Timothy N. and Julie A. Rowe
1797 E. Magnolia Rd.
Legend
Scale: P = 30'
Area Drainage
Drainage = 292 Sq. Ft. Easement The accompanying plat does not
Easement 1zzz1-1z1-112111 City Limits constitute a boundary survey.
11_q
'W �ni_ni
FISON MINA,KS67401NUE OWNER: Mark&Mary L. Elmer PRn.I *AsHEET of 2
&COMPANY
V85)-W-1-5949„, 3F CITY OF SALINA, KANSAS
PROJECT:1010040100 x, ,,2011 PROPERTY ADDRESS: 2353 Aidan Ct. Kr) ..;
Bank! 1235 Page !
' EXHIBIT A
TRACT: 12
OWNER: Mark & Mary L. Elmer
PROPERTY ADDRESS: 2353 Aldan Ct.
Temporary Easement Description:
A strip of land located in Lot 38, Block 4, River Trail
Addition to the City of Salina, Saline County, Kansas, and
being more particularly described as follows:
Beginning at the Southwest corner of said Lot 38,
Thence on an assumed bearing of N l 7°29'46"W, along the
West line of said Lot 38, a distance of 10.43 feet;
Thence N88055112"E a distance of 68.30 feet;
Thence S01 004148"E a distance of 10.00 feet to the South
line of said Lot 38;
Thence S88055'12"W, along the said South lot line, a
distance of 65.35 feet to the point of beginning.
Easement contains: 668 square feet, more or less
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+ 3 -
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WILL /M SI AL°N%KS14 NUE OWNER: Mark&Mary L. Elmer SHEET 2 OF 2
&COMPANY 5 -049FAX CITY OF SALINA, KANSAS
�
PROJECT.1010000100 14.Z011 PROPERTY ADDRESS: 2353 Aidan Ct. KnoT PRO.I.*Rs;I 1_,-In,.n,