Eastview Estates Addition - Block 01 - Lot 02 (2) (ends 12/31/2014) - ---- -- ---- -- -- ---- - ------------- — --
'� REBECCA SEEMAN
••` GISTER OF DEEDS SALINE COUNTY KANSAS
' :PE418 TF�7''.a:
. Book: 1290 Page: 1393-1396
' 'd F E°5:'•: Receipt 11: 76097 Recording Fee: $20.00
Pages Recorded: -1
Dat a Recorded: 1/18/2012 3:29:33 PM
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this 119 day of bcA-off, 2011, by and between
TIMOTHY E. BROWN, JR. and STACY M. BROWN, 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.
Pock: 1240 Page: 1344
IN WITNESS WHEREOF, the Grantor has caused this ary Cons ction
Easement to be executed the day and year first above written.
Ti oth " rown,Jr.
Stacy M. Bro
ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT
CITY OF SALINA, KANSAS
a'00000000�
By: aloo("�
J on A. Gage, City Manager
A EST:
Lieu Ann Elsey, ESE; City Clerk
Cav�
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on becemV)er 14f 20I I by Timothy E.
Brown, Jr. and Stacy M. Brown, husband and wife.
My appointment ex Tres:
Yo JOHN T.AIM,REIN -Tvhr�T,f�av►re i n Notary Public
5,A ktyAppt UP.l-Z9-12
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me onUa—yi Ul0.tc' , 2 by Jason A.
Gage as City Manager and Lieu Ann Elsey as City Clerk for the City Salina, Kansas.
My appointment expires: j OF :9,01 T `
CYNTHIA S. Notary PuPy
Notary Public-State of Kansas
My Appt.Expires )0— —oZ�
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
Book: 1240 Pages 1345
EXHIBIT
Exist. R/W 50' 1
Part of Lot I \
1207 Sierra Dr. I 6.00'
I N00 001'49"E
Temporary Easement
Po
Area: 280 Sq. Ft. I int of Beg'nni ng
_ NW Corner of Lot 2
46.65' '
S88 054'30"W I '` 46.55'
Tract 47 '' N88°54'30"E o
Timothy E. Jr. & Stacy M. Brown
1211 Sierra Dr. on
Eastview Estates Addition CID
Port of Lot 2. Block I I I z
Common Wall
Part of Lot 2 Centerline 6.00'
1213 Sierro Dr.
Extended I I S00 055'07"E.
I
0
Exist. Sanitary Sewer
Easement 80' 1 I Q
Exist. Utility Easement 90' 1
North Section L i ne
Legend
Temporary
Easement
T
Area Scale: l" = 30'
Temporary The accompanying plat does not
Easement = 280 Sq. Ft. constitute a boundary survey.
WILSCW 1700EIRS67401 AVENUE OWNER: Timothy E. Jr. &Stacy M. Brown SHEET 1 OF 2
17M I-I O 87401
&COMPANY %78*U7-5949PAX CITY OF SALINA, KANSAS
PROJECT:1010000100 x„4.20„ PROPERTY ADDRESS: 1211 Sierra Dr. KDOT PROJ.#85 U-2301-01
EXHIBIT A Book: 1240 Page' : 134
TRACT: 47
OWNER: Timothy E. Jr. & Stacy M. Brown
PROPERTY ADDRESS: 1211 Sierra Dr.
Temporary Easement Description:
A strip of land located in Lot 2, Block 1, Eastview
Estates Addition, City of Salina, Saline County, Kansas,
and being more particularly described as follows:
Beginning at the Northwest corner of said Lot 2,
Thence on an assumed bearing of N88°54'30"E, along
the North line of said Lot 2, a distance of 46.55 feet
to a point on the common wall centerline extended;
Thence S00 055'07"E, along said common wall centerline
extended, a distance of 6.00 feet;
Thence S88°54'30"W a distance of 46.65 feet to the
West line of said Lot 2
Thence N00°01'49"E, along said West lot line, a distance
of 6.00 feet to the point of beginning.
Easement contains: 280 square feet, more or less
•�� •.�.��ENSFO•. ,�f,.
353
1(4 WAS
p�. SUR
�1ftelms,1 04
7700 E IRON AVENUE SHEET 2 OF 2
W7LSCW s 1 OWNER: Timothy E. Jr.&Stacy M. Brown CITY OF SALINA, KANSAS
&COMPANY (786}821-5949 FAX PROPERTY ADDRESS: 1211 Sierra Dr.
KDOT PROJ.#85 U-2301-01
PROJEOi:1010040100 Apd14,2011