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Overland View Addition - Block 01 - Lot 01 (ends 12/31/2014) T REBECCA SEEMAN ' �•`"'`••�1GISTER OF DEEDS SALINE COUNTY KANSAS s v.•f°O FTF' f '� Book: 1235 Page: 939-993 Receipt 4: 73938 Recording Fee: $29.00 Pages Recorded: 5 C N iQaGec -dxa,,,Q„t) Dat a Recorded: 9/30/2011 1:96:51 PM TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this 3�— day of -)L, 2011, by and between PRAIRIE GLEN PARTNERS, LLC, a Kansas Limited Liabilify Company, and PRAMM GLEN PARTNERS, H, LLC, a Kansas Limited Liability Company, (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's 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 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. Book: 1235 Page 440 IN WITNESS WHEREOF,the Grantor has caused this Temporary Construction Easement to be executed the day and year first above written. PRAIRIE GLEN PARTNERS,LLC B Y• [Nome] [Title] PRAIRIE GLEN PARTNERS,II,LLC By: -, [Name] [Title] ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT CITY OF SALINA,KANSAS By: 4"� JAJA Tfon A. Gage, Cfty A4anag& ATTE T: — Lieu Ann Elsey,tte,City Clerk (:IMC ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE,ss: This instrument was ackpowledged before me on -uSa- a 1, 2011 by �e f T-5,6-fa,, as of Prairie Glen Partners, LLC, a Kansas Limited Liability Company. My appointment expires: g/%/Zjz.j3 Notary Public Matthew GO= WTAM Putuc—s IMY APPT£XP: -� -2- Book: 1235 Page: 441 STATE OF KANSAS,COUNTY OF SALINE, ss: This instrument was acknowledged before me on A.,, 2011 by Tfl4 < as of Prairie Glen Partners, II, LLC, a Kansas Limited Liability Co �...�. Matthew Gillam NOTARY PUBLIC-STATE Of KANSAS r =" My appointment expires: My APPT EXP: Notary Public STATE OF KANSAS,COUNTY OF SALINE,ss: This instrument was acknowledged before me on 20.11, by Jason A. Gage as City Manager and Lieu Ann Elsey as City Clerk for the City of Salina,Kansas. My appointment expires: Notary Public L.{ I SHANDI L. WICKS Notary Public-State of Kansas My Appt.Expires Ll 119 11 la� [A real estate sales validation questionnaire is not required pursuant to K.S.A.79-1437e(a)(13)] -3- Book: 1235 Page : 442 EXHIBIT West Section Unplatted - S31-T 14S-R2W Line Unplatted First Southern Baptist Church S31 T 145-R2W 2401 S. Ohio St. Salina Building Point of Begi nni g #/ kj 'Arer9l 15.06' NW Corner of Lot I N32008'I8"W 0 22.76' w Temrary Eosement #/ Q S00°02'23"E N Sq. Ft. Trott 53 w 12.81. Proirie Glen .Portners 11. LLC -v N38°37'00"E 2515 S. Ohio St. w N I Overland View Addition o 22.36' Tract In Lot 1. Block I S26036'17"E Point of N Beginning #2 Temporary Easement #2 Area: 450 Sq. Ft. 25.00' S00*02'23"E 65.00' 22.36' N00°02'23"W c~n 526°3/'31"W o —k o I vi \ Tract In Lot 252 S. Ohio St. l Lot 2 \ 2515 S. Ohio St. 5 Exist. R/W 70' 1 Legend Temporary Easement Scale. /a = 100' Area The accompanying lot does not Temporary p y = 541 Sq. Ft. constitute a boundary survey. Easement 1w =' OWNER: Prairie Glen Partners II,LLC SHEET 1-OF 2 &COMPANY �4BFAX PROPERTY ADDRESS: 2515 S.Ohio St ��TM ocrr%ii'ward urmi-S Book: 1235 Page : 443 EXHIBIT A TRACT: 53 OWNER: Prairie Glen Partners H. LLC PROPERTY ADDRESS: 2515 S. Ohio St. Temporary Easement •l Description: A strip of land located in Lot 1. Block 1. Overland View Addition to the City of Salina, Saline County, Kansas, and being more particularly described as follows: Beginning at the Northwest corner of said Lot 1, Thence on an assumed bearing of S00°02'23"E, along the West line of said Lot 1, a distance of 22.76 feet; Thence N38°37'00"E a distance of 12.81 feet; Thence N32°08'18"W a distance of 15.06 feet to the point of beginning. Easement contains: 91 square feet, more or less Temporary Easement •2 Description: A strip of land located in Lot 1, Block 1, Overland View Addition to the City of Salina, Saline County, Kansas, and being more particularly described as follows: Commencing at the Northwest corner of said Lot 1, Thence on an assumed bearing of S00 002'23"E, along the West line of said Lot 1, a distance of 237.76 feet to the point of beginning; Thence S26°36'17"E a distance of 22.36 feet; Thence S00°02'23"E a distance of 25.00 feet, Thence S26°3131"W a distance of 22.36 feet to a s,, q,R,.+J point on the West line of said Lot l; -A�,..••••••., Thence N00 02 23"W, along said West lot line, a r distance of 65.00 feet to the point of beginning. 353 Easement contains: 450 square feet, more or less ,' '`I�,r l •' 1�F-�+A� SHEET 2 OF 2 W/� OWNER: Prairie Glen Partners II,U.0 — &COMPANY Fix PROPERTY ADDRESS: 2515 S.Ohio St. CITY OF SALINA,KANSAS ---- -. KDOT PROJ.#85 U-2301-01