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Surveyors Plat G, Lot 3 (Parcel 7, Tract 1) (ends 5/3/2017) REBECCA SEEMAN ?`..... OF DEEDS SALINE COUNTY KANSAS Book: 1296 Page: 577-580 °`` Receipt R: 102115 A' Recording Fee: $36.00 _ Pages Recorded: 9 �i�1 kGec _S Date Recorded: 5/15/2015 3:23:29 PM TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement is made this 15 day of April , 2015, by and between CLEVE MULDER, a/k/a Cleve E. Mulder, a single man, (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, reconstructing, and inspecting the Ohio Street Improvements, Elm Street to North Street, City Project No. 14- 3039 (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 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 4, 2015 and ending May 3, 2016; provided, however, that from May 4, 2016 through May 3, 2017, 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. SURFACE GRADE: Grantor shail 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. IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction Easement effective as of the day and year written above. Book : 129E Page : 578 *).4„tv Cleve Mulder ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT CITY OF SALINA, KANSAS By: on A. Gage, ity Manager ATTEST: Shand1 Wicks, CMC, City Clerk ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on April 15 , 2015 by CLEVE MULDER, a/k/a Cleve E. Mulder, a single man. My ap pointment expires: 10/4/2015 ?- �I �j }� BRENDA K. LINTON I £ PC._ NOTARY PUBLIC ) Brenda K. Linton Notary Public STATE OF KANSAS ' MYAPPT. EXPIRES /0-1j-9,0 isV STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on Apr i I 02 , 2015, by Jason A. Gage as City Manager and Shandi Wicks, CMC, as City 'Clerk of the CITY OF SALINA, KANSAS, a municipal corporation. My appointment expires: )0- g' (::: 01g /.1 / CYNTHIA S. WOLFF Cynthia . Woli Notary Public I I =".gr Notary Public- State of Kansas My Appt.Expires )D —S)—a0)Q [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- Exhib:f A r.. Book: 12% Page : 579 Parcel 7 Tract 2 — Temporary Easement Owner: Cleve Mulder and Cleto J. Mulder A tract of land in Lot 3, Surveyor's Plot G, City of Salina, Saline County, Kansas, and more particularly described as follows: Commencing at the East Quarter Corner of Section 12, Township 14 South, Range 3 West of the 6th P.M. thence on on assumed bearing of South 00' 11' 26° West on the East Section line, a distance of 433.90 feet to the north line of the South 300 feet of said Lot 3; thence North 89' 48' 34° West on said north line, a distance of 43.00 feet to the Point of Beginning; thence South 00' 11' 26° West, a distance of 100.07 feet to the north line of the south 200 feet of said Lot 3; thence North 89' 48' 34° West on said north line, a distance of ZOO feet; thence North 00' 11' 26° East, a distance of 92.60 feet; thence North 89' 48' 34° West, a distance of 15.00 feet; thence North 00' 11' 26° East, a distance of 58.83 feet to the south line of the tract of land described in Saline County Register of Deeds Book: 285, Page: 51; thence South 67' 37' 00° East on said south line, a distance of 23.76 feet; thence South 00' 11' 26° West, a distance of 42.38 feet to the Point of Beginning. Said Tract contains 1844 square feet. CITY OF SAUNA, 300 W ASH, SAUNA, KANSAS PUBUC WORKS— ENGINEERING— U11U11£S Exhibit A Parcel 7 - Tract 2 - Temporary Easement Huse as sae 2014-437 Moy 2015 1-2 aagt n,-e ary 141, [R P ,: Book : 1296 Page : 580 Exhibit B Parcel 7 Owner: Cleve Mu/der and C/eta J. Mulder I SO 0f I'es� 7/,7P 28Sob of T J 1 ,oco6, foc f r 1,• ok.o 57 I S67370U'E ° /`� 23.76 �� Point of Commencement `n 0 �� ` East 1/4 Corner, Section Q o hl� 12, Township 14 South, �, j /� i Range 3 West v ! `� i ' w >'% i237w o r / 1° ti Z / / 3 1,E i� iV J Parcel vJ// / W o Tract 2— Tempor.y / / ;> °2 N v Easem-n t/ / i,v" Q 1844 square fel / I - f/ /r Point of�`- nni f/1/,�'�< .Tr /2 ,- !:;;( N89'48'34"W 43.00 North line of the South / 7/ / r'' N89'48'34.W 40.01 300 feet of Lot 3 j / i'� 2 Point of Beginning I Tract 1 N89'48'34''W_.. . / Parcel 7 ` 15.00 / <00 Tract 1— Permanent 17) Easement I o f , 410 square feet o /r^, Existing Right of Way ir o o H N F e„. ,Y;; N„,,,,, .,,, Nn_0 Q ° :N p ,._ J r ” ✓ 2 J < C f / , /, iei! , „,,,, ! .,,,:, ,//./ ,,,,. North line of the South N894834"W �/,<`,i 5894834 E 200 feet of Lot 3\ 7.00 I/;//:`, 2.69 0 '10 20 30 40 I I I SCALE: 1• @ i0' I I CITY OF SALINA, 300 W A94, SALINA, KANSAS PUBLIC 1V4RKS-ENGINEERING- MITES Exhibit B Parcel 7 Ior� pole M. . 2014-437 �'2015 2-2 In ►