Eastview Estates Addition - Block 01 - Lot 01 (ends 12/31/2014) e"�'o.. REBECCA SEEMAN
.�'q�GISTER OF DEEDS SALINE COUNTY KANSAS
tv.• 418 TFli c.y,
;Book: 1236 Page: 1329-1328
Receipt *: 79983 Recording Fee: $29.00
Pages Recorded: 5 C Ral ernes keaa-1 Q
Dat a Recorded: 10/26/2011 3:11:00 PM
i
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this i, day of A,,4 , 2011, by and between LON E.
BEFFORT, a single person, and KENT H. BEFFORT and JANICE E. BEFFORT, husband and
wife, (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") 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: 1236 Page : 1325
IN WITNESS WHEREOF, the Grantor has caused this Temporary Construction
Easement to be executed the day and year first above written.
on E. Beffort
Kent H. Beffort
Janice E. Beffort
ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT
CITY OF SALINA, KANSAS
By: _
ason A. Gage, Cit Manager
ATTEST:,
Lieu Ann Elsey, C+C, City Clerk
twill
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on 2011 by Lon E. Beffort, a
single person.
SANDRA WALSTON
NOTARY PUBLIC
My a _.. t F,��d�
MOM'n"zG""— Notary Public
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on 1 a.Ahot. 2011 by Kent H. Beffort
and Janice E. Beffort, husband and wife.
M Y appointment ointment ex ires:
P
Notary Public
NOTARY PUUIX-Stab of Kam
KAREN K.EBERT
MY Appt.
-2-
r Book: 1236 Page: 1326
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on 2Z 2011, by Jason A.
Gage as City Manager and Lieu Ann Elsey as City Clerk for the City of Salina, Kansas.
My appointment expir Sk��N[�� l..WICKS 0y.
No1ery Public•State of Kansas Notary Public
My Appt.Expires
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-3-
w .
Book: 0
EXHIBIT A
NW Corner
/0.001 - of Lot I
S00°00'48"E
I I
Point of Beginning I I
SIERRA DR.
Exist. R/W I I w
12.55'
N36 006'14"E
2.3.65' CO
Tract 49 S71°41'27"W I I Q
Lon E. & Kent H. Beffort ? w J
0
1205 Sierra Or.
Eastview Estates Addition Q
0n
Lot I Less Tract. Block I I I
co
W
Temporary Easement I_ z
Area: 553 Sq. Ft.
I I
I I L6
u
Part of Lot I I
1207 Sierra Dr. North Section
Line
Exist. Utility Easement 90'
I
NE Corner
Part of Lot 2 S35 034116"W of Lot
1211 Sierra Dr. I I
Exist. Sanitary Sewer Exist. R/W 50'
Easement 80
I
Area Legend Scale: l" = 30'
Temporary ;;;'':- Temporary
Easement = 553 Sq. Ft. -' `-"' Easement The accompanying plot does not
constitute a boundary survey.
1700 E.IRON AVENUE OWNER: Lon E. &Kent H. Beffort SHEET 1 OF 2
w,LSCW SALINA,KS 87401 OWNER:
(785"27.0433 CITY OF SALINA, KANSAS
&COMPANY (785)-8275949 FAX PROPERTY ADDRESS: 1205 Sierra Dr.
KDOT PROJ.#85 U-2301-01
Book
EXHIBIT A
TRACT: 49
OWNER: Lon E. & Kent H. Betf'ort
PROPERTY ADDRESS: 1205 Sierra Dr.
Temporary Easement Description:
A strip of land located in Lot 1, Block 1, Eastview
Estates Addition, 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°00148"E, along
the West line of said Lot 1, a distance of 10.00 feet
to the point of beginning;
Thence N36 006'14"E a distance of 12.55 feet to a
point on the North line of said Lot l;
Thence N88°54130"E, along said North lot line, a
distance of 115.23 feet to the Northeast corner of
said Lot l;
Thence S35034116"W a distance of 7.48 feet;
Thence N89017"51"W a distance of 95.81 feet;
Thence S71'41"27'W a distance of 23.65 feet to the
point of beginning.
Easement contains: 553 square feet, more or less
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1700EARONA-NUE OWNER: Lon E. &Kent H. Beffort SHEET 2 OF 2
WILSON
'AL"" ,o CITY OF SALINA,KANSAS
&COMPANY (,�)�2,- sF PROPERTY ADDRESS: 1205 Sierra Dr.
KDOT PROJ.#85 U-2301-01