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Eastview Estates Addition - Block 01 - Lot 01 (2) (ends 12/31/2014) RE • ,J�EGISTER OF -DEEDSC SALINE A COUNTY KANSAS Book: 1235 Page: 956-959 a: 73938 Receipt P Recording Fee: 620.00 i Pages Recorded: 9 Dat a Recorded: 9/30/2011 1:96:55 PM a TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this 2Z day of o,sue` , 2011, by and between LUKE WARKENTIN, 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. r Book: 1235 Page: 457 IN WITNESS WHEREOF, the Grantor has caused this Temporary Construction Easement to be executed the day and year first above written. e Warkentin ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT CITY OF SALINA, KANSAS By: JAI Jas n A. Gage, City Man ger ATTEST: IU� Lieu Ann Elsey, Eff, City Jerk twrl ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on-4,4,,,r7--,R--?-20l I by Luke Warkentin, a single person. My appointment expires:]((:402)1 S c COX otar ubli rrarARVPUguc STATE OF MY AM.EV STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on 2011, by Jason A. Gage as City Manager and Lieu Ann Elsey as City Clerk for the City of Salina, Kansas. My appointment expires: 11/,-jq cal 1 L IL�IOtJ� s SHANDI L. WICKS G-- Notary Public j Notary Public- State of Kansas My Appt.Expires (4 x) [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- EXHIBIT Book: 1235 Pageom 45% ► North Section Line SIERRA DR. ► ► Exist. R/W ► ► Exist. R/W 5011 ca w i ► Lot I Less Tract 1205 Sierra Dr. ► ► o I � Temporary Easement ► ► Q Area: 13 Sq. Ft. ► ► I o —4-- QD Tract 48 ► I Luke Warkentin W 1207 Sierra Dr. Eastview Estates Addition 7.48' Port of Lot 1. Block l ► \4.35' N35 034116"E S88 054'30"W ► Poi nt of Beg nni ng - -- NE Corner of Lot I I 6.DO' Part of Lot 2 S00001"49"W 1211 Sierra Dr. ► I Exist. Utility Easement 90' -2 Exist. Sanitary Sewer Easement 80' 1 Area Legend Scale: 1" = 30' Temporary Temporary Easement = l 3 Sq. Ft. :; :< : Easement The accompanying plot does not - constitute a boundary survey. 1700 E.IRON AVENUE 1l F SCW SAMA K..7,01 OWNER: Luke Warkentin SHEET 1 OF 2_ &COMPANY (77:W7" FAX CITY OF SALINA, KANSAS PROJECT:1010W0100 ,�..z01, PROPERTY ADDRESS: 1207 Sierra Dr. KDOT PROJ.#85 U-2301-01 • Fi T1 JT1 t1 s 1235 459 _ a EXHIBIT TRACT: 48 OWNER: Luke Warkentin PROPERTY ADDRESS: 1207 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: Beginning at the Northeast corner of said Lot l, Thence on an assumed bearing of S00°01'49"W, along the East line of said Lot 1, a distance of 6.00 feet, Thence S88 054130"W a distance of 4.35 feet; Thence N35034116"E a distance of 7.48 feet to the point of beginning. Easement contains: l3 square feet, more or less ,, 11aeu1 , MAR'��.,,, _��. �, ���ENSFp LS-1353 Al t = �•(�...•• r,,l,47J pU IR`t,ji%W 1700 E.IRON AVENUE SHEET 2 OF 2 MIMC M SAUN&K507401 OWNER: Luke Warkentin &COMPANY n�7�°FAX PROPERTY ADDRESS: 1207 Sierra Dr. CITY OF SALINA,KANSAS PROJECT:1010040100 AprI14,2011 KDOT PROJ.#85 U-2301-01