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River Trail Addition - Block 01 - Lot 01 (ends 12/31/2014) 'a REBECCA SEEMAN ••� GISTER OF DEEDS SALINE COUNTY KANSAS S..ipfG157Fq�'c ; .o.r ,Book: 1238 Page: 1553-1556 Receipt : 75301 Recording Fee: $20.00 Pages Recorded: 4 N gQ � Dat a Recorded: 12/6/2011 11:57:04 AM ' I TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this 2a4-k day of a--A-�-v" , 2011, by and between GREGORY L. DAVIS, a single person, (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: 1238 Pugs® 1554 IN WITNESS WHEREOF, the Grantor has caused this Temporary Construction Easement to be executed the day and year first above written. Gregory L. Davis ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT CITY OF SALINA, KANSAS By: J son A. Gage, City Manager TEST: Lieu Ann Elsey, CLC, City erk ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on (1-lk 2011 by Gregory L. Davis,a single person. My appointment expires: ��eM 02o 15 a w NOTARY PUBLIC•State of Kansas of y Public JODYSA CHEZ f ply APPt. ExP. �_9:Lo13 STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on K6(f j9p( 21, 2011, by Jason A. Gage as City Manager and Lieu Arm Elsey as City Clerk for the City of Salina, Kansas. My appointment expir, SHANDI L. WICI<} ` Notary Public- State of Kansas Not PUb11C MyAppt.Expires [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] i �I -2- Ronk - 123A paups EXHIBIT S%4 Cor. Sec. 30, T l 4S, R2W Tract /0 I Gregory L. Davis 2360 River Trail Rd. I River Trail Addition Lot /. Block l Exist. R/W 50' 1 I Exist. Utility Easement 90' 1 ITemporary Easement N Q Area: 556 Sq. Ft. ` J Ln ° _ 14.53' 00 N I N44010'18"E �n ° w 9 :' 'q- 21.75' S20 014126"W C) :. N 47.01' Point of Bdginning for ° S00 038'20"E Temporary Easement <: 5.43' 10.24' S55 053'03"W S88055112"W SE Corner 64.99' N00°38'20"W of Lot l Exist. River Trail R/W East Line of Lot I City Limits South Section Line Legend T T Area Scale: P = 30' Temporary Temporary 556 Sq. Ft. Easement Easement - ` ` ` City Limits The accompanying plat does not constitute a boundary survey. MVFLSCW,700E. KS OWNER: Gregory L. Davis SHEET 1 OF 2 sAUNa Ics 6740, (785}827-0493 &COMPANY V85)427-5949 FM PROPERTY ADDRESS: 2360 River Trail Rd. CITY OF SALINA, KANSAS PROJECT:1010040100 AprU4.2011 KDOT PROJ_085 U-2301-01 Rnnk - 123A Dal3ps EXHIBIT A TRACT: l0 OWNER: Gregory L. Davis PROPERTY ADDRESS: 2360 River Trail Rd. Temporary Easement Description: A strip of land located in Lot 1, Block 1, River Trail Addition to the City of Salina, Saline County, Kansas, and being more particularly described as follows: Commencing at the Southeast corner of said Lot l, Thence on an assumed bearing of S88055'12"W, along the South line of said Lot 1, a distance of 10.24 feet to the point of beginning; Thence N44°10'18"E a distance of 14.53 feet to a point on the East line of said Lot l; Thence N00 038'20"W, along said East lot line, a distance of 64.99 feet; Thence S55°53'03"W a distance of 5.43 feet; Thence SO0038120"E a distance of 47.0/ feet; Thence S20014126"W a distance of 21.75 feet, Thence S84 022'56"W a distance of 63.20 feet to a point on the South line of said Lot l; Thence N88°55'12"E, along said South lot line, a distance of 65.00 feet to the point of beginning. Easement contains: 556 square feet, more or less ,,title 11881"1 . E JY 53��yt ��TTPtlTR•t111` 1700 E.IRON AVENUE SHEET 2 OF 2 WILSON SAUNkN6T401 OWNE : Gregory L. Davis &COMPANY n 5"274949 FAX CITY OF SALINA, KANSAS PROJECF:1010040100 A0I 4,2011 PROPERTY ADDRESS: 2360 River Trail Rd. KDOT PROJ.#85 U-2301-01