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Eastview Estates Addition - Block 01 - Lot 03 (ends 12/31/2014) REBECCA SEEMAN �GISTER OF DEEDS SALINE COUNTY KANSAS .°. `-Book: 1233 Page: 1987-1990 E °5'• Recei t : 73332 1�h¢............. �'„ "F 6f P Recording Fee: 620.00 I Pages Recorded: 9 Dat a Recorded: 8/31/2011 2:23:09 PM TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this_I day of Gu,�`1 , 2011, by and between V. JOY BEETS, 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. ' _. Boohs 1233 Page ® 1488 IN WITNESS WHEREOF, the Grantor has caused this Temporary Construction Easement to be executed the day and year first above written. r V. Joy B is ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT CITY OF SALINA, KANSAS By: 0- 4mj. �;- /;; V J on A. Gage, City Manager Lieu Ann Elsey, CLC, City Clerk ACKNOWLEDGEMENTS. STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on z�2011 by V. Joy Beets, a single person. My appointment ex t. PAMELA TURNER NOTARYPUBLIC Notary Public STATE OF KANSAS 't My Appt. Exp 'i STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on q, 2011, by Jason A. Gage as City Manager and Lieu Ann Elsey as City Clerk for th City of Salina, Kansas. My appointment expi _ SHANDI L. WICKS Notary Public-State of Kansas My Apt.Expiresq I..Iq Notary Public [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- EXHIBITA Exist. R/W 50' 1 Point of Beginning NW Corner of Lot 3 Part of Lot 2 6.00' I N00001'49"E I 0 Temporary Easement I Q cr- C) Area: 248 Sq. Ft. I o z � ---- Q °oo Tract 45 :z 03 V. Joy Beets I I W Eostview Estates Addition Port of Lot 3. Block I I 45.09'. 44.96' S87°38'15"W I N88 054'30"E 5.I I I 0' Exist. Utility E asement 90' 1 50100 9'38"E Lot 3 Less Tract I I Exist. Sanitary Sewer I I North Section Easement 80' 1 Line Legend Temporary Easement Scale: I" = 30' Area The accompanying plat does not Temporary constitute a boundary survey. Easement - 248 Sq. Ft. 1700EIRONAVENUE SHEET 1 OF 2 WILS �`�" 67401 OWNER: V. Jo Beets °°5}827-049 y CITY of SAUNA, KANSAS &COMPANY V86)-U7-5040 FAX PROJECT:1010040100 "4.2011 KDOT PROJ.#85 U-2301-01 Book: 1233 Page: 1490 EXHIBIT A TRACT: 45 OWNER: V. Joy Beets Temporary Easement Desoription: A strip of land located in Lot 3, Block 1, Eastvi ew Estates Addition, City of Salina, Saline County, Kansas, and being more particularly described as follows: Beginning at the Northwest corner of said Lot 3, Thence on an assumed bearing of N88°54'30"E, along the North line of said Lot 3, a distance of 44.96 feet; Thence S01'09138"E a distance of 5.00 feet; Thence S87°3 8'l 5"W a distance of 45.09 feet to a point on the West line of said Lot 3; Thence N00 001'49"E, along said West line, a distance of 6.00 feet to the point of beginning. Easement contains: 248 square feet, more or less ,,qu.uue4 , , k MA �CENS •. '. 1353 �.• % O SURD "fay.., .. � • rR � r Ce ten.= . a0� RooM a0 l9-T raC" WFLSCM SALT E.IRON AVENUE SHEET 2 OF 2 1700 F-RON AVE &COMPANY (T8 OWNER: V. Joy Beets CITY OF SALINA,KANSAS Q89 W-.0449 FAX PROJECT:1010 0 4 010 0 APN4,2011 KDOT PROJ.#85 U-2301-01