Kraft Manor Addition Lot 1, Block 1 (ends 4/30/2016) REBECCA SEEMAN
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i"`.. . GISTER OF DEEDS SALINE COUNTY KANSAS
` Book: 1275 Page: 72-77
` .t.A Receipt 4: 91.631 �. 1 Recording Fee: $28.00
"."+"�a^:x' Pages Recorded: 6 Ci iv /am_ i.02„
Date Recorded: 11/22/2013 10:51:00 AM
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- TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement is made this 15th day of November, 2013, by
and between DARKS, LLC, a Kansas limited liability company, (the "Grantor") and the CITY
OF SALINA, KANSAS, a municipal corporation, (the "City"):
GRANT: The Grantor, for good and valuable consideration, hereby conveys to the City,
a temporary construction easement (the "Easement") in, on, over, under, and through the real
estate legally described and depicted on the attached and incorporated Exhibits A and B (the
"Real Estate") for all rights of ingress and egress of the City, its employees, contractors, and
authorized franchisees and licensees, for the purposes of constructing, grading, improving,
reconstructing, and inspecting the Ninth and Cloud Improvements, City Project No. 11-2872 (the
"Project") in the manner called for in the project plans.
RESTORATION: After completion of construction, the City shall restore the area of
the Easement by seeding or paving as set out in the project plans and specifications. Grantor
acknowledges that grading within the Easement may result in a permanent grade change.
TERM: The Easement shall be for a term of one (1) year commencing May 1, 2014 and
ending April 30, 2015; provided, however, that from May 1, 2015 through April 30, 2016, the
City's employees or contractors shall have the right to perform maintenance, repairs, or
landscape work on the Project.
OWNERSHIP: Grantor covenants that it owns the Real Estate and has the right, title,
and capacity to grant the Easement.
MAINTENANCE: Grantor acknowledges that the Easement shall not affect the
Grantor's obligation to maintain the Real Estate.
IMPROVEMENTS: Grantor acknowledges that the construction of any building or
structure on the Real Estate is governed by the Salina Code as it may be amended from time to
time (currently Sec. 42-63).
SURFACE GRADE: Grantor shall neither alter nor permit others to alter the surface
grade of the Real Estate without the prior written approval of the City.
BINDING EFFECT: The Easement shall be binding upon and shall run with the Real
Estate.
Book: 1275 Page: 73
IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction
Easement effective as of the day and year written above.
DARKS, a. C '
iii,,,
Ric and ultani, Managing Member
ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT
CITY OF SALINA, KANSAS
By:
J son A. Gage,0
City M ager
ATTEST:
I
Lieu Ann Elsey, CMC, C. Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on November 15, 2013 by Richard Sultani as
Managing Member of DARKS, LLC, a Kansas limited liability company.
My appointment expires- 1
PATRICIA J. PILLARDI `� A _ `� a 1 # . — .6
Notary Public-State of Kansas JI
My APpt.Expires January 31,20 4 Notary Public
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on November 134, 2013, by Jason A.
Gage as City Manager and Lieu Ann Elsey as City Clerk of the City of Salina, Kansas.
My appointment expires: 04/MG
c AA
JOSHANDI L. WICKS Notary Public b;
Notary Public-State of Kansas l
MyApPt.Expires a - _. 'ryry
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
Book: 1275 Page: 74
Exhibit A - Page 1 of 2
Description:
A tract of land in the Northwest Quarter (NW j) of the Northwest Quarter (NW 3) of Section 25, Township 14 South,
Range 3 West of the 6th Principal Meridian, and located in the City of Salina, Saline County, Kansas, said tract is
located in a portion of the vacated public Right-of-way !hot is recorded in Saline County Register of Deeds
Miscellaneous Book.- 166, Page: 762 said tract more particularly described as follows:
Beginning at the northwest corner of Lot 1, of Block 1, of Kroft Manor Addition to the City of Salina, Saline County,
Kansas;
thence on an assumed bearing of South 0' 05' 09" East on the west line of said Lot 1, a distance of 36.78 feel;
thence South 89' 53' 42" West, o distance of 24.04 feet;
thence North 0' 20' 08" West, o distance of 1580 feet;
thence South 89' 59' 05" East, o distance of 1315 feet;
thence North 0' 00' 55" East, o distance of 21.02 feet to the Cloud Street Right-of-way line;
thence North 89' 58' 19" East, a distance of 10.92 feet to the Point of Beginning.
• Said Tract contains 610 square feet more or less.
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CITY OF SAUNA, SW W ASN, SAL/NA. KANSAS
PUBLIC WORKS-ENGINEERING- UTILITIES
11-2872 I`° May 2013 .rt,
nost ow
Book: 1275 Page : 75
Exhibit A - Page 2 of 2
Tract 4
Temporary Construction Easement
610 square feet
Point of Beginning - Tract 4
Northwest corner of Lot 1, Block 1, Kroft Manor Addition
L79
T ` Existing Cloud Street Right-of-Way I
i Ji_=j_, I "- Proposed Sidewalk Easement JI
L17 l a-_y
j 1" ="'` ' ` Building Overhang R
,., (f _ j ` Building Face q E
3 775 —r- 4°
° 1 r-------I-- Porcel 6 DARKS LW Lu
1
Lot 1, Block 1 a
, Kroft Mon
2 I 3 o Addition
1 - o, o E ` .-=---r:_ 5.00
ii, 1 1 q%Q. O j N
$ 2 4` W Line Table
a y Line/ Length Direction
1 2 m
1° 1 1 y L14 3878 S00'05'09 E
��g
N 1
L15 24.04 S89'53'41'W
4i 1 Ch L16 7580 N00'20'08'W
y -S v
U
_ E L17 7315 589'59'05E
1 c .2
1 H W
I W L18 27.02 NO0'00'SSE
L19 70.92 N89's8' 19E
.--20.00—I
1
Legend
---- Right—of—way line N c/TV OF SAL/NA, 100W ASH, SALINA,KANSAS
Easement line PUBLIC WORKS-ENGWEEmNC-HnLmcS
-e — Property The
0 15 30 45 60
Note: .4/l distances are in feet �i■ _ °'
SCALE: 1" = 30' 1...ma, l" May 1-1
Book : 1275 Page : 76
Exhibit B - Page 1 of 2
Description:
A tract of land located in Lot 1, Block 1, Kraft Manor Addition to the City of Salina, Spline County, Kansas and more
particularly described as follows:
Beginning at the northwest corner of said Lot 1;
thence an an assumed bearing of North 89' 58' 19" East on the north line of said Lot 1, a distance of 174.14 feet
to the northeast corner of said Lot 1;
thence South 0' 05' 48" East on the east fine of said Lot 1, a distance of 6.00 feet;
thence South 89' 58' 00" West, a distance of 28.04 feet;
thence South 0' 02' 39" West, a distance of 12.00 feet;
thence South 89' 58' 00" West, a distance of 131.81 feet;
thence South 0' 35' 31" West, a distance of 18.75 feet;
thence South 89' 53' 42" West, a distance of 14.05 feet to the west line of said Lot 1;
thence North 0' 05' 09" West, o distance of 36.78 feet to the Point of Beginning.
Said tract contains 3,065 square feet more or less.
•
MY BE SAUNA. I00 W ASH. SALWA. KANSAS
PUBLIC KINKS- ENCINEENINC- UBLIPES
HI
�� 11-2872 I"` uoy207 1-1
Book: 1275 Page: 77
Exhibit B - Page 2 of 2
Point of Beginning - Tract 7
Proposed R/W Northwest corner of Lot 1, Block 1, Kroft Manor Addition
N8958'19— 174.14
:' t Existing Cloud Street Right of Way ;aS>F : _
jJi +— `° k f 1L�YU - 'E I-_ 3 sp ; ,..,.a,o,. ..,� .
a I .o 58958"00"W 13781 J�
n� — ___..-- - -- — — �---'----- ---- '\_ Building z s SIN, °— Building Overhong
3° _ _ , — L28 c.°
o 1 �� Porcet 6 DARKS LLC `�
z o Lot 1, Black 1, Kroft Manor 1
2 ( 3^ Addition
0
u i a 5 .00
C b
C
i m Line Table
6+ 213'4 Line f Length Diection
a O
125 6.00 S00'05'48-E
LA ^_ 126 '1200 500'02'39'W
icy.1 .=E h 127 1575 Sop',3,5'31-1Y
I 0.L2
`� L28 14.05 589'53'42"14
1
--20.00-1
1
Legend
---- Right—of—way line N par Or SAUNA, J00 WASH, SALINA, KANSAS
Easement line PUBLIC WORKS-ENGINEERING- UIILIlES
—e— Property line .
0 15 30 45 60
Note: All distances ore in feet � ° 11-2872 "` May salt °
SCALE: 1" = 30' ,.a.. .,.,m,°„-,,,,,,-, p, •
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