Eastview Estates Addition - Block 01 - Lot 04 (ends 12/31/2014) REBECCA SEEMAN
•••°3�GISTER OF DEEDS SALINE COUNTY KANSAS
'1`:Pp18 TF1••. ook: 1236 Page: 1312-1315
°,.F E°`,. •'' Receipt 1 - 79983 Recording Fee: $20.00
k ...,..,..�.� G N
ti Pages Recorded: 9
Dat a Recorded: 10/26/2011 3:10:57 PM
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this _e day of 5epkmbet—, 2011, by and between
MITCHELL L. JOHNSON and DARLA G. JOHNSON, husband and wife, (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 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: 1236 Page: 1313
IN WITNESS WHEREOF, the Grantor has caused this Temporary Construction
Easement to be executed the day and year first above written.
M tc 11 L. Jo so
la G. Johnso
ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT
CITY OF SALINA, KANSAS
By: ", —,V
as-on A. Gage, City Manager
T EST
Lieu Ann Elsey, M, City 616k
bnC,
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on 5eLp-&"2011 by Mitchell L.
Johnson and Darla G. Johnson, husband and wife.
appointment
l�
My appoM �y Notary Public
, Mr Apt EmL
s
STATE OF KANSAS, COUNTY OF SALINE,ss:
This instrument was acknowledged before me on 2011, by Jason A.
Gage as City Manager and Lieu Ann Elsey as City Clerk for the City of Salina, Kansas.
My appointment exp' SHANDI L. WICKS � L G 19
� Notary Public-State f Kansas
MyAppt.Expires Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)J
-2-
EXHIBIT A
I I Exist. R/W 50' 1
I
Point of Beginning /r
NW Corner of Lot 4 I
I
Iw
Lot 3 Less Tract I
I �
5.00'
N00 001'49"E z
0 I_ , 1 ;.; North Section
Line
w
Exist. Utility Easement 90
Tract 43
P r
Mitchell & Darla G. Johnson I I ti. .•., CO Q
1225 Sierra Dr. °n CO J
.4 C„
.1 O
Eastview Estates Addition
Lot 4. Block I Ln `
Exist. Sanitary Sewer w
Easement 80' 1
Temporary Easement NE Corner
Area: 333 Sq. Ft. I I of Lot 4
I
I I 2.00'
Part of Lot 5 I S00°01'49"W
/J0/ Sierra Dr. I I
I I
I
Legend I I
Temporary -��-- -- -
Easement
Scale: /" - 30'
Area The accompanying plat does not
Temporary 333 Sq. Ft. constitute o boundory survey.
Easement
lrooeuor,AVENUE SHEET 1 OF 2
�.. OWNER: Mitchell&Darla G.Johnson CITY OF SAUNA,KANSAS
&COMPANY �� '�`BF PROPERTY ADDRESS: 1225 Sierra Dr. KDOT PROJ.#85 u-2301-01
00 age:
EXHIBIT A
TRACT: 4.3
OWNER: Mitchell & Darla G. Johnson
PROPERTY ADDRESS: 1225 Sierra Dr.
Temporary Easement Description:
A strip of land located in Lot 4, Block 1,
Eastvi ew Estates Addition, City of Salina, Saline
County, Kansas, and being more particularly
described as follows:
Beginning at the Northwest corner of said Lot 4,
Thence on an assumed bearing of N88 154'30"E,
along the North line of said Lot 4, a distance of
95.04 feet to the Northeast corner of said Lot 4;
Thence S00°01'49"W, along the East line of said
Lot 4, a distance of 2.00 feet;
Thence S87°06'06"W a distance of 95.15 feet to a
point on the West line of said Lot 4;
Thence N00 001'49"E, along said West lot line, a
distance of 5.00 feet to the point of beginning.
Easement contains: .3.3.3 square feet, more or less
,.. ��� n�ARr-
1353
vo S U
SHEET 2 OF 2
1700E.IRONAVENUE OWNER: Mitchell&Darla G.Johnson
CITY OF SALINA,KANSAS
#&Coi%l
S °��n 9PAX PROPERTY ADDRESS: 1225 Sierra Dr. KDOT PROJ.#85 U-2301-01