Replat of Block 1 of the Replat of Interstate District North of I-70 #2 - Block 01 - Lot 03 TEMPORARY ACCESS EASEMENT
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THIS INDENTURE-is made this 1p` day of July, 2011, by and between TA Operating LLC
("TA")and the CITY OF SALINA,KANSAS,a municipal corporation(the"City").
GRANT OF EASEMENT: TA, for good and valuable consideration,does hereby grant unto the
City,a temporary access easement in,through, over, and across a certain portion of land owned by TA,as
legally described on the attached Exhibit A and as depicted on the attached Exhibit B (the"Temporary
Access Easement") for all rights of ingress and egress by truck traffic as an alternative truck route as
depicted on the attached Exhibit C (the "Truck Route') during the period of pavement repairs at the
intersection of North Ninth Street and West Diamond Drive as depicted on the attached Exhibit D (the
"Pavement Repairs") for a term commencing with the date of this indenture and ending upon completion
of the Pavement Repairs on or before August 31,2011.
SIGNAGE: The City shall be responsible for any additional signage or traffic control devices
deemed necessary, including:
1. Two electronic reader board signs to be provided by the Kansas Department of
Transportation(KDOT);
2. One directional sign at the entrance to Bayard's Cafe off of North Ninth Street stating
"TRUCK TRAFFIC ENTRANCE 700' AHEAD" for northbound Ninth Street traffic,
directing traffic to Monarch Drive;
3. One directional sign at the south end of the scale road directing traffic north to Monarch
Drive;
4. One directional sign at south back of curb of Diamond Drive to direct eastbound Diamond
Drive truck traffic north and into west entrance to the back lot of TA;and
5. One directional sign at south back of curb of Diamond Drive at a point directly across from
the truck fuel islands to direct truck traffic west on Diamond Drive to west entrance of the
back lot of TA.
INDEMNIFICATION: -The City shall hold harmless and indemnify TA, its officers and
employees,against all liability, loss,damage,expense,and judgment, including reasonable attorneys' fees
so incurred,arising from the public's use of the Temporary Access Easement during its term.
IN WITNESS WHEREOF, TA and the City have caused this Temporary Access Easement to
be executed by its respective duly authorized officers effective as of the day and year first above written.
TA Opera `
By; ark LR. oung [Name]
[Title]
CITY OF SAL
By:
Samantl P. An ell,Mayor
EST:
Lieu Ann Elsey,�GL&,,City Clerk
Exhibit A
Access Easement
Description
A tract of land in Lot 3, Block 1, of Replat of Block 1 of the Replat of Interstate District North of
1-70 No. 2 & Unplatted Land an addition to the City of Salina, Saline County, Kansas, and more
particularly described as follows:
Commencing at the Northeast corner of Lot 1, of said Block 1;
Thence on an assumed bearing of North 890.56' 37" West on the South Right of Way line of
Monarch Road, a distance of 561.73 feet to the Point of Beginning;
Thence South 32a 23' 41" West, a distance of 36.70 feet;
Thence South 00° 24' 57" West, a distance of 989.43 feet;
Thence South 500 57' 36" East, a distance of 51.87 feet to the south line of said Lot 3;
Thence South 530 18' 28" West on the said south line, a distance of 49.43 feet;
Thence continuing on said south line, on a curve to the right with a radius of 321.90 feet, an arc
length of 43.22 feet, a cord bearing of South 570 08' 18" West, and a cord length of 43.18 feet;
Thence North 00° 24' 57" East, a distance of 877.07 feet;
Thence North 890 56' 37" West, a distance of 30.00 feet;
Thence North 000 24' 57" East, a distance of 229.04 feet to the south Right of Way line of
Monarch Road;
Thence South 890 56' 37" East on said south Right of Way line, a distance of 84.44 feet to the
Point of Beginning.
Said Tract contains 46787 square feet more or less.
CITY OF SALINA. KANSAS
PUBLIC WORKS — ENGINEERING — UTILITIES
Exhibit A
Access Easement Diamond Dr. to Monarch Rd.
P1D,b 01C 9QT
May 2011
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Exhibit B
Temporary Access Easement
S89'56'37"E Point of
84.44 Beginning
Monarch Road 561.73
J-
Right N89'56'37"W
of Way � �iii'�
C;I;� S32'23'41 W
NO'24'57"E ;;; 36.70
229.04
Point of
Commencement
��� Lot 1, Block 1
N89'56'37"W rA
30.00
Lot 3,Block 1,Re plat of Block 1 of the Re plat of Interstate C�� Access
Lot 2, Block 1 r
District North of 1-70 No.2&Unplatted Land Easement
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Y�
NO'24'57"E r;�4
877.07 �i^
\ (�� SO-24'57"W
989.43
V�j S50-57.36"E
r� 51.87
Chord: S57' 08' 18"W %)
Chord: 43.18
R=321.900
S53'1 8'28"W
49.43
Right of Way
200 0 100 200 400 CITY OF SAL INA, KANSAS
PUBLIC WORKS — ENGINEERING — UTILITIES
'Exhibit B
Access Easement-Diamond Dr. to Monarch Rd.
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Aug 2011
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Exhibit C C' 'Of
Temporary Traffic Pattern
Truck Route Salina
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Passenger
Vehicles
Only
N
W+E
S
0 50 100 200 300 400
Fe t
Exhibit D Ckyof
Salina
Pavement
Replacement
(City Responsibility)
DIAMOND DR
Pavement
Repair
(KDOT Responsibility)
N
W E
S
012.525 50 75 100
Feet