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Golden Eagle Estates No. 3 - Block 05 - Lot 01 & 33 (ends 12/31/2014) - REBECCA SEEMAN °"c•` GISTER OF DEEDS SALINE COUNTY KANSAS Book: 1295 Page: 832-836 •` °E`p 5;•.' Receipt 4: 78349 Recording Fee: 24.00 ... Pages Recorded: 5 &ECCL 4 ) Date Recorded: 9/25/2012 11:39:37 AM Grantor Grantee Type of Document Temporary Construction Easement Recording Fees $24.00 Mtg Reg Tax $0.00 Total Amount $24.00 Return Address TRACEY ROOM 206 Book: 1245 Page: 833 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this 17v day of k, I , 2012, by and between GARY W. REED and DIANE J. REED, TRUSTEES of the A Y W. REED and DIANE J. REED FAMILY TRUST dated March 13, 1991, (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: Upon being first duly sworn upon oath, Grantor further covenants that: (1) Grantor is the duly qualified and acting Trustee under the Trust; (2) the Trust is a revocable trust; (3)the Trust remains in full force and effect at this time; and (4) as such Trustee, Grantor is authorized, pursuant to the Trust and without any limitation whatever, to convey all of the above- described Temporary Construction Easement. 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. IN WITNESS WHEREOF, the Grantor has caused this Temporary Construction Easement to be executed the day and year first above written. I THE GARY W. REED and DIANE J. REED FAMILY TRUST DATED MARCH 13, 1991 By: Al Ai,4 IJ I By: Gary W. eed, Truste Diane J. Reed rus ee ' Book: 1245 Page : 834 ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT CITY OF SALIVA, KANSAS By: a&WA �vC ot� J,son A. Gage, City anager TEST: Lieu Ann Elsey, CMC, ity Clerk ACKNOWLEDGEMENTS STATE OF NEVADA, COUNTY OF CLARK, ss: This instrument was subscribed, sworn to, and acknowledged before me on J \ 1_a, 2012 by Gary W. Reed, as a Trustee of the Gary W. Reed and Diane J. Reed Family Trust dated March 13, 1991. NOTARY PUBLIC My mut.'ent- 9:Nk�- County of Clark No:12-611-i ELIZABETH MONTANO Notary Public My Appointment Expires Feb.2,2016 y STATE OF NEVADA, COUNTY OF CLARK, ss: This instrument was subscribed, sworn to, and acknowledged before me on 1`N 2012 by Diane J. Reed, as a Trustee of the Gary W. Reed and Diane J. Reed Family Trust dated March 13, 1991. NCITARY 20ark My a nt"I WrLeCounty oNo:12-6711-� ELIZABETH Notary Public My Appointment Expires Fe STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on , I [&, 2012, by Jason A. Gage as City Manager and Lieu Ann Elsey as City Clerk for the City of Salina, Kansas. My appointment ex FAppt. --� 3 SHAINDI L. WICI<S ; tary Public- State of ansas ; (xpires ' Notary Public [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- ti EXHIBIT A Book; 1245 Page: 835 TRACT: 8 OWNER: Gary W. & Diane J. Reed Family Trust PROPERTY ADDRESS: 2351 Huntington Rd. Temporary Easement •l Description: A strip of land located in Lot 1, Block 5, Golden Eagle Estates Addition, to the City of Salina, Saline County, Kansas, and being more particularly described as follows: Commencing at the Southwest corner of said Lot 1, Thence on an assumed bearing of N88054'30"E, along the South line of said Lot 1, a distance of 7.95 feet to the point of beginning; Thence N39°40'13"W a distance of 12.62 feet to 'o point on the West line of said Lot l; Thence NOOO-37'21"W, along said West lot line, a distance of 60.00 feet, Thence S51 028"4,3"E a distance of 7.92 feet, Thence SOOOJ7'21"E a distance of 23.00 feet; Thence S26 003118"E a distance of 46.13 feet to a point on the South line of said Lot l; Thence S88054'30"W, along said South lot line, a distance of /8.00 feet to the point of beginning. Easement contains: 789 square feet, more or less Temporary Easement 02 Description: A strip of land located in Lot 3.3, Block 5, Golden Eagle Estates Addition, to the City of Salina, Saline County, Kansas, and being more particularly described as follows: Beginning at the Southeast corner of said Lot 33, >�''�p,R�x. 'qRT�' Thence on an assumed bearing of N00°21'25"W, along the *�' �.,��E"SFO• East line of said Lot 33, a distance of 100..37 feet; aN Thence Sl 0°02'49"W a distance of 1 02.29 feet to a point 53 on the South line of said Lot 33; Thence N88°54'30"E, along said South lot line, a distance AO� of 18.47 feet to the point of beginning. `' �' tl�R�, ,'', Easement contains: 927 square feet, more or less WILSOM, 8740, 700E.IRON AVENUE OWNER: Gary W. $c Diane J. Reed Family Trust SHEET 2 OF 2 SAUNq,Ks &COM -� PANY FAX PROPERTY ADDRESS: 2351 Huntington Rd. CITY OF SAUNA, KANSAS PROJECT: APM4,20„ - KDOT PROJ.#85 U-2301-01 EXHIBIT A Book ® 1245 page 836 i SW Corner HUNTINGTON RD. of Lot I 60.00' -N00°37'2/"W ' Exist. R/ 7.95' N88 054'30"E = 7.92' Point of Beginning #l 46.l 3' S5/°28'43" S26003'18"E 18.00' 12.62' 23.00' S88054'30"W f N39040'13°W S00°37121"E N 0 J Temporary Easement #/ o Area: 789 Sq. Ft. b N O I � Lot I Q , J z Exist. R/W 50" 1 co d- �i z --�— —� Tract 8 South Section I Gary W. & Diane J. Reed Family Trust Line 2351 Huntington Rd. I Golden Eagle Estates Addition N Block 5 I o Lot 33 1 0 N I I � ITemporary Easement #2 18.47 Area: 927 Sq. Ft. N88 054130"E /02.29' Exist. R/ Point of Beginning #2 - `'S/0 � `l 00.,37:-: 9' J SE Cor er of Lot 33 ~N00 021'25"W EAGLECREST AVE. Area Legend Scale: 1" = 30' Temporary :;�� •== Temporary = 1,716 Sq. Ft. "'```' Easement The accompanying plat does not Easement ,:::: �-::,�_-�::.::...::::: constitute a boundary survey. W7LS w"°°E�'a 740i'' OWNER: Gary W. & Diane J. Reed Family Trust SHEET 1 OF 2 S/WNA,KS 67407 V8*W7-spa 9FAX CITY OF SALINA, KANSAS COMPANY,, PROPERTY ADDRESS: 2351 Huntington Rd. a�'' Tracey, �,+ 9-D(, Kf)(�T PRCI.I URN i I-7�M-(11