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Unplatted - NW4-31-T14S-R2W REBECCA SEEMAN ?•`""�••`,�NGISTER OF DEEDS SALINE COUNTY KANSAS Book: 1290 Page: 1171-1175 `' Receipt 4: 76067 Recording Fee: $29.00 H's pages Recorded: 5 C � � Dat a Recorded: 1/17/2012 2:98:97 PM TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this / 4/ day of lrot}Lt/, 2011, by and between FIRST SOUTHERN BAPTIST CHURCH, 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 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 East Magnolia Improvements, City Project No. 10-2808 (the "'Project") in the manner called for in the project plans. TERM: "The Temporary Construction Easement shall be for a term of two (2) years commencing January 1, 2012 and ending December 31, 2013; provided, however, that from January 1, 2014 through December 31, 2014, 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 ConslrLIC1.1on 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. c \ ` Book: 1240 Page: 1172 IN W ITN ESS WHEREOF, the Grantor has caused this Temporary Construction Easement to be executed the day and year first above written. FIRST SOUTHERN BAPTIST CHURCH, a Kansas not for profit corporation By: A'Ejq"16i- [Name] [Title] ATTEST: By: [Name] [Title] ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT CITY OF SALINA, KANSAS By: ason A. Gage, City M pager ATTEST: a*—r- Lieu Ann Elsey, City Clerk ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: This instrum nt acknowledged before me on a ky �,zK__ `' 2411 by L.U, a`/ [Name] as Gtk.s f e e. [Title] and [Name] as hl-s'-1or [Title] for the First Southern Baptist Church, Salina, Kansas. My appointment expires: Notary Public 4• 1C` • 1 � wF ,. `d�4lA!#:;Ib1{gib Book: 1240 Page: 1173 STATE OF KANSAS; COUNTY OF SALINE, ss: This instrument was acknowledged before me on UepfnWr 2a, 2011, by Jason A. Gage as City Manager and Lieu Ann Elsey as City Clerk for the City of Salina, Kansas. SHANDI L. WICK My appointment expi Notary Public- state of Kansas My Appt.Expires y Notary Public [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -3- 3240 Page: 1174 EXHIBIT A LU NW Cor. Sec. 31, T/4S, R2W \°o West Section Line -\` 70.00' co z S01°05'30"E S00°02' "E . 23 __— Point of - S. 01-f l0 ST. Exist. R/W Beginning 16.55' N66 004'30"W 100.24' ` Iz 1 ~ S84054'14"W W c c ^� oo Temporary Easement bo Q Area: 402 Sq. Ft. I �j co 3 O Z Exist. Permanent Easement 70' 1 I Q ax �. � w Exist. R/W 50' 1 I I w Tract 51 I ° First Southern Boptist Church 2401 S. Oh;o St. North Section -- I °p Unp/atted T roc t In NW 14 Line I z S31-T 14S-R2W .._..._----------- ---- —__... - ----- - SIERRA DR. Eostview Estates Addition Legend / Temporary i I I Easement — - Areo Scale: I" = 100' Temporar y The accompanying plat does not Eosement = 402 '�' r1' constitute a boundary survey. OWNER: First Southern Baptist Church _ J SHEET of 2 SN.INn,HS b7•r0 v85>-027-w33 CITY OFSALINA,KANSAS &COMPANY (765)-827-5949'�� PROPERTY ADDRESS: 2401 S. Ohio St. KDOT PROD.#85 U-2301-01 \ PROJECV1010040100 Aptil 4,201 t _ ■ 1240 Panes 1175 EXHIBIT A TRACT: 51 OWNER: First Southern Baptist Church PROPERTY ADDRESS: 2401 S. Ohio St. Temporary Easement Description: A strip of land located in the Northwest Ouarter of Section 31, Township 14 South, flange 2 West of the 6th P.M., Saline County, Kansas, and being more particularly described as follows: Commencing al the Northwest corner of said Northwest Quarter. Thence on an assumed bearing of N88 054'30"E, along the North line of said Northwest Quarter, a distance of 85.00 feet; Thence 501°05'30"E a distance of 70.00 feet to the point of beginning, said point also being on the South line of an existing permanent easement; Thence. N88°54130"E, along said South permanent easement line, a distance of 115.00 feet; Thence S84°54'14"W a distance of 100.24 feet; Thence N66°04130"W a distance of 16.55 feet to the point of begi nni npi. Easement contains 402 square feet, more or less p1titeeeu "le, Mq x � 3 ,�o�.,KS6461„ —� sHEFr z aF 2 LSON 110 K347401 OWNER: First Southem Baptist Church n, &COUbANY �� "°°�a� j PROPERTY ADDRESS: 2401 S. Ohio St. cir�r of s.a�,r ,mesas d' { artc�cr.,o,oaa,aa n,�ia,ao„ � ICQOT PR�J � �,1��3Q:1�-01 `ra cey r2fn 30L.2