Lot 1, Block 3, Key Acres Addition (Expires January 29, 2027) ALP-
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REBECCA SEEMAN
{' " °dNREGISTER OF DEEDS SALINE COUNTY KANSAS
t:k,,;f,,a ; Book:1443 Page: 1768-1770
'^z.„4 „s; `Receipt #: 154353 Recording Fee: $55.00
Pages Recorded: 38/V
1
Date Recorded: 9/19/2024 2:20:40 PM
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this 5 day of 5e r}. , 2024, by and between
KENNETH E. POST AND PAMELA A. POST, husband and wife, (the "Grantors") and the
CITY OF SALINA, KANSAS, a municipal corporation, (the "City"):
WITNESSETH: That the Grantors, for good and valuable consideration, do hereby
convey unto the City, a temporary construction easement in, through, over, and across a certain
portion of land owned by the Grantors, as legally described and as depicted as Tract 2 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 Off-Street Hike and Bike
Trail, Project No. 085 TE-0502-01 (the "Project") in the manner called for in the project plans.
TERM: The Temporary Construction Easement shall be for a term of two (2) year
commencing January 30, 2025 and ending January 29, 2027; provided, however, that from
January 30, 2027 through January 29, 2028, 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. Grantors acknowledge that grading within the Temporary Construction Easement
may result in a permanent grade change.
OWNERSHIP: Grantors covenant that they own the real estate upon which the
Temporary Construction Easement is located and have 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 Grantors and
the City, and it is understood that this instrument cannot be changed or altered other than in
writing, signed by both Grantors and the City.
(Signature Page Follows)
Book 1443 Page: 1769
IN WITNESS WHEREOF, the Grantors have caused this Temporary Construction
Easement to be executed as of the day and year first above written.
KennetZ.VA) )140°S
st Pamela A. Post
ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT
CITY OF SALIN A , KANSAS
/ l
By:
Atli
M.
"ae . chrage, City Manager
ATTEST:
1(ViBy: j i i I
Nikki Goding, City Clerk d
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on Se.p... s, 2024, by Kenneth E. Post
and Pamela A. Post, husband and wife.
My appointme =!,i s:NOTARY PUBLIC-State of Kansas JOHN F HARVEY 17.\,,,,, F. I{nev��l
f";'i1= MYAPPt•�resa•c,• za -8 Notary Public r�
Printed name:(-��a44
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on Sep4-. I(o, 2024, by Michael D.
Schrage as City Manager and Nikki Goding as City Clerk of the City of Salina, Kansas.
My appointment expires: Nota*t\\iAlAIA
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[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
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' Book 1443 Page: 1770
EXHIBIT A
Point of Beginning—Tract 1
t---- Magnolia Road Point of Commencement—Tract 2
Existing R/W
North Line of Lot 1 N89'54'39"E
S072 50"W 89.33 N072 50'E
4.75 N89 47'10"W 115.16 9.95
WV Ze A? Point of
N072 50"E S89'54 39"W 88.90 , ' Tract 2
4.00 Tract 1 S072'50"W
Tract 2 4.10
4723'51'E o
Lot 1,
Lot 12, 2 .45 cl
Block 3 West Line of 1 Block 3 268351"W
I r L.
L.
Existing R/W c
0 20 40 60 80
__East Line of--Lot-1
SCALE: 1" = 40'
TRACT 1
A TRACT OF LAND IN LOT 1, BLOCK 3, KEY ACRES ADDITION (ACCORDING TO THE CORRECTED PLAT
THEREOF), CITY OF SALINA, SALINE COUNTY, KANSAS, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1;
THENCE ON AN ASSUMED BEARING OF NORTH 89' 47' 10" WEST ON THE NORTH LINE OF SAID LOT 1,
A DISTANCE OF 115.16 FEET TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 00' 12' 50"
WEST ON THE WEST LINE OF SAID LOT 1, A DISTANCE OF 4.75 FEET; THENCE NORTH 89' 54' 39"
EAST, A DISTANCE OF 89.33 FEET; THENCE SOUTH 77' 23' 51" EAST, A DISTANCE OF 26.45 FEET TO
THE EAST LINE OF SAID LOT 1; THENCE NORTH 00' 12' 50" EAST, A DISTANCE OF 9.95 FEET TO THE
POINT OF BEGINNING.
(SAID DESCRIPTION WRITTEN BY JOHN F. HARVEY P.S. 1426 ON JULY 19TH, 2022.)
SAID TRACT CONTAINS 587 SQUARE FEET MORE OR LESS.
TRACT 2
A TRACT OF LAND IN LOT 1, BLOCK 3, KEY ACRES ADDITION (ACCORDING TO THE CORRECTED PLAT
THEREOF), CITY OF SALINA, SALINE COUNTY, KANSAS, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1;
THENCE ON AN ASSUMED BEARING OF SOUTH 00' 12' 50" EAST ON THE EAST LINE OF SAID LOT 1, A
DISTANCE OF 9.95 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00' 12' 50" WEST ON SAID
EAST LINE, A DISTANCE OF 4.10 FEET; THENCE NORTH 77' 23' 51" WEST, A DISTANCE OF 26.88 FEET;
THENCE SOUTH 89' 54' 39" WEST, A DISTANCE OF 88.90 FEET TO THE WEST LINE OF SAID LOT 1;
THENCE NORTH 00' 12' 50" EAST ON SAID WEST LINE, A DISTANCE OF 4.00 FEET; THENCE NORTH 89'
54' 39" EAST, A DISTANCE OF 89.33 FEET; THENCE SOUTH 77' 23' 51" EAST, A DISTANCE OF 26.45
FEET TO THE POINT OF BEGINNING.
(SAID DESCRIPTION WRITTEN BY JOHN F. HARVEY P.S. 1426 ON JULY 19TH, 2022.)
SAID TRACT CONTAINS 463 SQUARE FEET MORE OR LESS.
'..1 8.
CITY OF SALINA, 300 W ASH, SALINA, KANSAS
PUBLIC WORKS ENGINEERING — UTILIT]ES
_ LS-1426
EXHIBIT A
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