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Lots 1 and 11, Block 2, Key Acres Addition (Expires January 29, 2027) • 111111111 1111 11111 I II 111111111111111111111 11111111111111111111 11111 111111111111111111 REBECCA SEEMAN errR�4�,REGISTER OF DEEDS SALINE COUNTY KANSAS ;<i;.))Book:1443 Page: 1764-1767 '^h,;* N� °./Receipt #: 154353 AI Recording Fee: $72.00 Pages Recorded: 4 Ci,V Date Recorded: 9/19/2024 2:20:39 PM TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this II day of Sep E. , 2024, by and between CHRIST THE KING LUTHERAN CHURCH OF SALINA, KANSAS, a Kansas not-for-profit corporation, (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 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. Grantor acknowledges that grading within the Temporary Construction Easement may result in a permanent grade change. OWNERSHIP: Grantor covenants that Grantor owns the real estate upon which the Temporary Construction Easement is located and has 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 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. (Signature Page Follows) Book: 1443 Page: 1765 IN WITNESS WHEREOF, the Grantor has caused this Temporary Construction Easement to be executed the day and year first above written. ICING CHRIST THED LUTHERAN CHURCH OF SALINA, KANSAS By: ,,,, • ATTEST: Chris Lawrenz, Pr-.:;fo'nt By: p,,,,ty„, r .CC , Donatta McClain, Secretary ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT CITY OF SALINA, KANSAS I I By: , ri, ae -IMF hrage, City Manager ATTEST: By: Nikki Goding, City Clerk NOTARY PUBLIC-State of Kansas ACKNOWLEDGEMENTS ^ JOHN F.HARVEY �i 1= My Appt.Expires 8.1.•Eot$ STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on 5 apJ- �, 2024, by Chris Lawrenz as President and Donatta McClain as Secretary of Christ the King Lutheran Church of Salina, Kansas. at NOTARY PUBLIC-State of Kansas (IH EY My appointm P I� akpil .r4 8�tj� Notary Public v Printed name: low. V. oe.i.-y STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on Sep+. IC) , 2024, by Michael D. Schrage as City Manager and Nikki Goding as City Clerk of the City of Salina, Kansas. My appointment I IC���J►N'�� JENIFER SCHEIBLER Notary Pub 'c Notary Public State of an as Printed name: � My Appointment Expires 4.`i c •Ste,\O\�,r [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- EXHIBIT A ' Book: 1443 3 P e.: 1766 Magnolia Road Point of Beginning - Tract 1 Poinf of Commencemenf - Iract 2 N7807'59E -Tract 1 -Existing R/W 57772'32"E 25.08 North Line of Block 2 26.01 / / N89 53 36"W 229,88 S006'24"W----7 0( iw 2/<<l</<\ '. \ \�' 9.84624"E 9.25 1100"-- N89 52'06"W 179.10 `�► > -Tract 2 58952'06'E NO 06 24 E S78 07'59 W 1I 179.96 N7772 32"W 50'06'24"W 4.09 25.51 26.47 4.10 ;, os co I Point of Beginning - Tract 2 I Existing R/W L. v> East Line of1 Lot a I~Existing R/W I o o West Line of Lot 11 Lot 11, Block 2 I I Lot 1. Block 2 t` -c I Key Acres Addition Key Acres Addition I I l I I 0 20 40 60 80 TRACT 1 1 V SCALE: 1" = 40' A TRACT OF LAND IN LOT 1 AND LOT 11, BLOCK 2, KEY ACRES ADD/TiON (ACCORDING TO THE CORRECTED PLAT THEREOF), CITY OF SALINA, SALINE COUNTY, KANSAS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 11, THENCE ON AN ASSUMED BEARING OF SOUTH 00'06'24" WEST ON THE WEST LINE OF SAID LOT 11, A DISTANCE OF 9.25 FEET; THENCE NORTH 78' 07' 59" EAST, A DISTANCE OF 25.08 FEET; THENCE SOUTH 89' 52' 06" EAST, A DISTANCE OF 179.96 FEET; THENCE SOUTH 77' 12' 32" EAST, A DISTANCE OF 26.01 FEET TO THE EAST LINE OF SAID LOT 1; THENCE NORTH 00' 06' 24" EAST, A DISTANCE OF 9.84 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE NORTH 89' 53' 36" WEST ON THE NORTH LINE OF SAID BLOCK 2, A DISTANCE OF 229.88 FEET TO THE POINT OF BEGINNING. (SAID DESCRIPTION WRIIILN BY JOHN F. HARVEY P.S. 1426 ON JULY 19TH, 2022.) SAID TRACT CONTAINS 1076 SQUARE FEET MORE OR LESS. TRACT 2 ✓ A TRACT OF LAND IN LOT 1 AND LOT 11, BLOCK 2, KEY ACRES ADDITION (ACCORDING TO THE CORRECTED PLAT THEREOF), CITY OF SALINA, SALINE COUNTY, KANSAS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 11; THENCE ON AN ASSUMED BEARING OF SOUTH 00' 06' 24" WEST ON THE WEST LINE OF SAID LOT 11, A DISTANCE OF 9.25 FEET TO THE POINT OF BEGINNING;; THENCE NORTH 78' 07' 59" EAST, A DISTANCE OF 25.08 FEET; THENCE SOUTH 89' 52' 06" EAST, A DISTANCE OF 179.96 FEET; THENCE SOUTH 77' 12' 32" EAST, A DISTANCE OF 26.01 FEET TO THE EAST LINE OF SAID LOT 1; THENCE SOUTH 00' 06' 24" WEST ON THE EAST LINE OF SAID LOT 1, A DISTANCE OF 4.10 FEET; THENCE NORTH 77' 12' 32" WEST, A DISTANCE OF 26.47 FEET; ot'rw THENCE NORTH 9' 52' 06" WEST, A DISTANCE OF THENCE SOUTH 78' 07' 59" WEST A DISTANCE OF 25.510FEETT TO THE WEST LINE OF SAID LOT 11; A.ic Ia •� . �o•.:�' .fir THENCE NORTH 00' 06' 24" EAST, A DISTANCE OF 4.09 FEET TO THE POINT OF BEGINNING. I4- , (SAID DESCRIPTION WRIIILN BY JOHN F. HARVEY P.S. 1426 ON JULY 19TH, 2022.) LS-V'?" SAID TRACT CONTAINS 924 SQUARE FEET MORE OR LESS. Z I.LoL3 CITY OF SAUNA, 300 W ASH, SALINA, KANSAS PUBLIC WORKS—ENGINEERING — UTILITIES EXHIBIT A Christ the King Lutheran Church "wMt am sm: 2014-427 Feb 2023 1 ...A.sa-7e mapo,/d N ir,lgsN Slay Ien JM EXHIMI T'A ' Book; 1443 Page: 1767 i , PoMagnolia Road iBeginning Pointnt ofof Commence-mentTract 1- Tract 2 N78 07'59'E -Tract 1 _ - -Existing R/W S7772 32 E 25.08 tfi Line of Block 2 26,01 N8953"3674- 89 33 364-4g 229.88 —� ///j/ /� / %e. //�(/ / / l `` N0 06 24"E 9.25 11110‘%' N89 52'06"W 179,10 S89 52'06 E NO 06 24'E S78 07 59"W -Tract 2 I 179.96 N7772 32t'W S0'06'24111 4.09 25.51 26.47 4.10 v R/W Point of Beginning - Tract 2 Existingv) Q East Line of Lot 1 y a Existing R/W I 1 , c o West Line of Lot 11 Lot 11, Block 2 I Lot 1. Block 2 E o ! I Key Acres Addition Key Acres Addition I I 11 I i 0 20 40 60 80 MENEM TRACT 1 SCALE: 1" = 40' A TRACT OF LAND IN LOT 1 AND LOT 11, BLOCK 2, KEY ACRES ADDITION (ACCORDING TO THE CORRECTED PLAT THEREOF), CITY OF SALINA, SALINE COUNTY, KANSAS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 11, THENCE ON AN ASSUMED BEARING OF SOUTH 00'06'24" WEST ON THE WEST LINE OF SAID LOT 11, A DISTANCE OF 9.25 FEET; THENCE NORTH 78' 07' 59" EAST, A DISTANCE OF 25.08 FEET; THENCE SOUTH 89' 52' 06" EAST, A DISTANCE OF 179.96 FEET; THENCE SOUTH 77' 12' 32" EAST, A DISTANCE OF 26.01 FEET TO THE EAST LINE OF SAID LOT 1; THENCE NORTH 00' 06' 24" EAST, A DISTANCE OF 9.84 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE NORTH 89' 53' 36" WEST ON THE NORTH LINE OF SAID BLOCK 2, A DISTANCE OF 229.88 FEET TO THE POINT OF BEGINNING. (SAID DESCRIPTION WRITTEN BY JOHN F. HARVEY P.S. 1426 ON JULY 19TH, 2022.) SAID TRACT CONTAINS 1076 SQUARE FEET MORE OR LESS. TRACT 2 A TRACT OF LAND IN LOT 1 AND LOT 11, BLOCK 2, KEY ACRES ADDITION (ACCORDING TO THE CORRECTED PLAT THEREOF), CITY OF SALINA, SALINE COUNTY, KANSAS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 11; THENCE ON AN ASSUMED BEARING OF SOUTH 00' 06' 24" WEST ON THE WEST LINE OF SAID LOT 11, A DISTANCE OF 9.25 FEET TO THE POINT OF BEGINNING; THENCE NORTH 78' 07' 59" EAST, A DISTANCE OF 25.08 FEET; THENCE SOUTH 89' 52' 06" EAST, A DISTANCE OF 179.96 FEET; THENCE SOUTH 77' 12' 32" EAST, A DISTANCE OF 26.01 FEET TO THE EAST LINE OF SAID LOT 1; THENCE SOUTH 00' 06' 24" WEST ON THE EAST LINE OF SAID LOT 1, A DISTANCE OF 4.10 FEET; THENCE NORTH 77' 12' 32" WEST, A DISTANCE OF 26.47 FEET; THENCE NORTH 89' 52' 06" WEST, A DISTANCE OF 179.10 FEET; THENCE SOUTH 78' 07' 59" WEST, A DISTANCE OF 25.51 FEET TO THE WEST LINE OF SAID LOT 11; THENCE NORTH 00' 06' 24" EAST, A DISTANCE OF 4.09 FEET TO THE POINT OF BEGINNING. (SAID DESCRIPTION WRITTEN BY JOHN F. HARVEY P.S. 1426 ON JULY 19TH, 2022.) SAID TRACT CONTAINS 924 SQUARE FEET MORE OR LESS. CITY OF SALINA, 300 W ASH, SALINA, KANSAS PUBLIC IYORKS— ENGINEERING— UBUAES EXHIBIT A Christ the King Lutheran Church .1� 2014-427 a2 Feb 2023 gar 1 IWLYC AYE-711 Mad,ata ml 1,"v'-'l tN) I�.ill