Overland View Addition - Block 01 - Lot 01 (ends 12/31/2014) T REBECCA SEEMAN
' �•`"'`••�1GISTER OF DEEDS SALINE COUNTY KANSAS
s v.•f°O FTF' f '� Book: 1235 Page: 939-993
Receipt 4: 73938 Recording Fee: $29.00
Pages Recorded: 5 C N iQaGec -dxa,,,Q„t)
Dat a Recorded: 9/30/2011 1:96:51 PM
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this 3�— day of -)L, 2011, by and between
PRAIRIE GLEN PARTNERS, LLC, a Kansas Limited Liabilify Company, and PRAMM GLEN
PARTNERS, H, LLC, a Kansas Limited Liability Company, (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 constructing,
grading,improving,reconstructing and inspecting the East Magnolia Improvements,City Project
No. 10-2808(the"Project's 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 440
IN WITNESS WHEREOF,the Grantor has caused this Temporary Construction
Easement to be executed the day and year first above written.
PRAIRIE GLEN PARTNERS,LLC
B
Y•
[Nome]
[Title]
PRAIRIE GLEN PARTNERS,II,LLC
By:
-, [Name]
[Title]
ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT
CITY OF SALINA,KANSAS
By: 4"� JAJA
Tfon A. Gage, Cfty A4anag&
ATTE T: —
Lieu Ann Elsey,tte,City Clerk
(:IMC
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE,ss:
This instrument was ackpowledged before me on -uSa- a 1, 2011 by
�e f T-5,6-fa,, as of Prairie Glen Partners, LLC, a Kansas
Limited Liability Company.
My appointment expires: g/%/Zjz.j3
Notary Public
Matthew GO=
WTAM Putuc—s
IMY APPT£XP: -�
-2-
Book: 1235 Page: 441
STATE OF KANSAS,COUNTY OF SALINE, ss:
This instrument was acknowledged before me on A.,, 2011 by
Tfl4 < as of Prairie Glen Partners, II, LLC, a
Kansas Limited Liability Co �...�.
Matthew Gillam
NOTARY PUBLIC-STATE Of KANSAS r ="
My appointment expires: My APPT EXP:
Notary Public
STATE OF KANSAS,COUNTY OF SALINE,ss:
This instrument was acknowledged before me on 20.11, by Jason A.
Gage as City Manager and Lieu Ann Elsey as City Clerk for the City of Salina,Kansas.
My appointment expires:
Notary Public
L.{ I SHANDI L. WICKS
Notary Public-State of Kansas
My Appt.Expires Ll 119 11 la�
[A real estate sales validation questionnaire is not required pursuant to K.S.A.79-1437e(a)(13)]
-3-
Book: 1235 Page : 442
EXHIBIT
West Section Unplatted - S31-T 14S-R2W
Line Unplatted First Southern Baptist Church
S31 T 145-R2W 2401 S. Ohio St.
Salina Building
Point of Begi nni g #/ kj 'Arer9l 15.06'
NW Corner of Lot I N32008'I8"W
0
22.76' w Temrary Eosement #/ Q
S00°02'23"E N Sq. Ft. Trott 53 w 12.81. Proirie Glen .Portners 11. LLC
-v N38°37'00"E 2515 S. Ohio St. w
N I Overland View Addition
o 22.36' Tract In Lot 1. Block I
S26036'17"E
Point of N
Beginning #2 Temporary Easement #2
Area: 450 Sq. Ft.
25.00'
S00*02'23"E
65.00' 22.36'
N00°02'23"W c~n 526°3/'31"W
o —k
o I
vi \ Tract In Lot
252 S. Ohio St. l
Lot 2 \ 2515 S. Ohio St.
5
Exist. R/W 70' 1
Legend
Temporary
Easement
Scale. /a = 100'
Area The accompanying lot does not
Temporary p
y = 541 Sq. Ft. constitute a boundary survey.
Easement
1w =' OWNER: Prairie Glen Partners II,LLC SHEET 1-OF 2
&COMPANY �4BFAX PROPERTY ADDRESS: 2515 S.Ohio St ��TM ocrr%ii'ward urmi-S
Book: 1235 Page : 443
EXHIBIT A
TRACT: 53
OWNER: Prairie Glen Partners H. LLC
PROPERTY ADDRESS: 2515 S. Ohio St.
Temporary Easement •l Description:
A strip of land located in Lot 1. Block 1. Overland
View Addition to the City of Salina, Saline County,
Kansas, and being more particularly described as
follows:
Beginning at the Northwest corner of said Lot 1,
Thence on an assumed bearing of S00°02'23"E, along
the West line of said Lot 1, a distance of 22.76 feet;
Thence N38°37'00"E a distance of 12.81 feet;
Thence N32°08'18"W a distance of 15.06 feet to the
point of beginning.
Easement contains: 91 square feet, more or less
Temporary Easement •2 Description:
A strip of land located in Lot 1, Block 1, Overland
View Addition to the City of Salina, Saline County,
Kansas, and being more particularly described as
follows:
Commencing at the Northwest corner of said Lot 1,
Thence on an assumed bearing of S00 002'23"E, along
the West line of said Lot 1, a distance of 237.76
feet to the point of beginning;
Thence S26°36'17"E a distance of 22.36 feet;
Thence S00°02'23"E a distance of 25.00 feet,
Thence S26°3131"W a distance of 22.36 feet to a s,, q,R,.+J
point on the West line of said Lot l; -A�,..••••••.,
Thence N00 02 23"W, along said West lot line, a r
distance of 65.00 feet to the point of beginning. 353
Easement contains: 450 square feet, more or less ,' '`I�,r l •'
1�F-�+A� SHEET 2 OF 2
W/� OWNER: Prairie Glen Partners II,U.0 —
&COMPANY Fix PROPERTY ADDRESS: 2515 S.Ohio St. CITY OF SALINA,KANSAS
---- -. KDOT PROJ.#85 U-2301-01