NE4-NE4-26-T4S-R3W (ends 4/30/2016) REBECCA SEEMAN
°•' . EGISTER OF DEEDS SALINE COUNTY KANSAS
iPEr,ifrF,7t Book: 1276 Page: 295-298
`E 5`•' Receipt R: 92181 Recording Fee: $20.00
" ", „•'e•'•`--/ Pages Recorded: 4 derma.
Date Recorded: 12/20/2013 10:25:31 AM
TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement is made this /D'"` day of December, 2013, by
and between SOUTHVIEW PLAZA OF SALINA, 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 Exhibit A (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
40 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 : 1276 Page: 296
IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction
Easement effective as of the day and year written above.
SOUTHVIEW PLAZA OF SALINA, LLC
By:
Rodney L. Steven, II, Managing Member
ACCEPTANCE OF PERMANENT UTILITY EASEMENT
CITY OF SALINA, KANSAS
1, , -
By: ��, , , Q
Jason A. Gage, City Manager
ATTEST:
Lieu Ann Elsey, CMC, Ci4 lerk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SE,b 6,c.8 t C K , ss:
This instrument was acknowledged before me on December /0 , 2013 by Rodney L.
Steven, II as Managing Member of Southview Plaza of Salina, LLC, a Kansas limited liability
company.
My appoirttme 6:.-
I
NOM RAM
STATE Of KANSAS No ublic
myAp.
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on December lip , 2013, by Jason A.
Gage as City Manager and Lieu Ann Elsey as City Clerk of the City of Salina, Kansas.
My appoin 9.1 ex , L. WICKS ( �//J�
=f Notary Public-State of Kansas QA 1.�✓ ilit41)
My Appt.Expires ` C
� Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
Book : 1276 Page: 297
Exhibit A - Page 1 of 2
Description..
A tract of land located in the Northeast Quarter of the Northeast Quarter of Section 26, Township 14 South, Range 3
West of the 6th Principal Meridian, and more particularly described os follows:
Commencing at the northeast corner of said Section 26;
thence on on assumed bearing of North 89' 57' 54" West on the north line of said Section 26, a distance of 60.01
feet;
thence South 0' 01' 19" Eost, o distance of 30.03 feet to the intersection of Cloud Street Right-of-way and Ninth
Street Right-of-way, said intersection being the Point of Beginning;
thence South 0' 01' 19" Eost on the South Ninth Street Right-of-way line, a distance of 33.87 feet;
thence North 45' 05' 40" West, o distance of 4800 feet to the Cloud Street Right-of-way line;
thence South 89' 58' 36" East, a distance of 33.98 feet to the Point of Beginning.
Said Tract contains 576 square feet more or less.
4111
CITY OF SALINA, 300 W ASH, SALINA, KANSAS
PUBLIC WORKS- ENGINEERING- uiILITIES
MI MS
11-2872 I pc Boy 2073
Book : 1276 Page: 298
Exhibit A - Page 2 of 2
•
Point of Commencement - Tract 1
Northeast Corner of Section 26, Township 14 South, Range 3 West
North line of Section 26 f ")
0 N8957S4"W 60.01 j
Existing Rood Easement Saline County - ' j
Road Record Book A, Page 72-73 " W j
rn
® •----- Existing Right-of-Way Ord 5862 ------- ---to o N
-_- 589 58 36 E 3398 ° ' J N
---------- ---------- --e- -- - 60.10
Existing Cloud Street 4 �- 11E I
Right-of-Way BAs ( o
os 4 Point of Beginning - Tract 2 j n
c
°..1a:?, I W
Troct 2 - Temporary 1 j
Construction Easement j
576 square feet
Existing Highway Right-of-Way -\i
i Saline County Register of Deeds
Existing South Ninth Misc. Book 17, Page 64 j
Porcel 8 Southview Plaza of Salina, LLC Street Right-of-Way I 1
Unplotted - Part of NE$ of the NE a of Section 26 i
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Legend '
® -- Right—of—way line N CITY OF SALINA, 300 W ASH, SALINA, KANSAS
Easement line PUBLIC KVRKS- ENGINEERING- UTILITIES
b' Property line
0 15 30 45 60
Note: All distances are in feet 53 "" °` 'a
„N2872 May zol3
n 60% SCALE: 1" = 30' ...�c „ o,,b..�.o., I" 1, 1-1
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