Eastview Estates Addition - Block 02 - Lot 01 (ends 12/31/2014) REBECCA SEEMAN
°`•••-�EGISTER OF DEEDS SALINE COUNTY KANSAS
• E418 TEq•:a'
;,)Book: 1236 Page: 1308-1311
°E E°5•.'• Receipt 11: 74463 Recording Fee: $20.00
Pages Recorded: 4 G �
Date Recorded: 10/26/2011 3:10:56 PM
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this I day of , 2011, by and between JESSE
MARTINEZ and JOLENE M. MARTINEZ, husband an 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.
Boob: 1236 Page: 1309
IN WITNESS WHEREOF, the Grantor has caused this Temporary Construction
Easement to be executed the day and year first above written.
Jesse Martinez
E
Jolene M. Martinez
ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT
CITY OF SALINA, KANSAS
By:
J son A. Gage, City anager
TEST:
Lieu Ann Elsey, ttC, City Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on _ ,-A-1011 by Jesse Martinez
and Jolene M. Martinez, husband and wife.
My appointment e Wwxy .tota T. �a, e►�
Apvt UP. l� —
Notary Public
STATE OF KANSAS, COUNTY OF SALINE, ss:'
This instrument was acknowledged before me on`yep mhor- 2-& 2011, by Jason A.
Gage as City Manager and Lieu Ann Elsey as City Clerk for the City of Salina, Kansas.
My appointment expil SHANDI L. WICKS
Notary Public- State of Kansas
MyAppt.Expires Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13))
-2-
Book: IP39 Page! 1310
EXHIBIT
- Legend
Eastvi ew Estates Addition I Temporary
Lot l5, Block I `'
��' ��''�� Easement
2400 Pinnacle Dr.
- � Area
Exist. R/W Temporary
Easement = 227 Sq. Ft.
Point of Beginning for
Temporary Easement PINNACLE DR.
15.18"
43.00' SOO"43149"E
N00 043149"W
Exist. R/W — NW Corner of Lot I
4.76'
S89016'I l"W
Temporary Easement
po Y W
Area: 227 Sq. Ft. 52.35'
S00 043'49"E
on
10.50' Cr- co
o I z
N26 /4 .37E I Q
J
I O
Q
I �
W
Exist. Utility Esmt. 80' 1
I
Tract 22
Jesse & Jolene M. Martinez I
2401 Pinnacle Dr, I
Eostview Estates Addition I
Lot 1, Block 2
Exist. R/W 50' 1
Unplatted - S31-T l 4S-R2W I
City of Salina North Section Line
Waste Water Pump Station B
The accompanying plot does not
constitute a boundary survey. Scale: I" = 30'
1700EIRON AVENUE SHEET 1 OF 2
il1/1 0111� 1.",01 OWNER: Jesse&Jolene M. Martinez
ves�Raa
&COMPANY (78*U7-W49FAX PROPERTY ADDRESS: 2401 Pinnacle Dr. ffCITY0F SALINA, KANSAS
PROJECT:1010010100 AI�,.z01, PROJ.#85 U-2301-01
Book: 1236 Paps
Y EXHIBIT A
TRACT. 22
OWNER: Jesse & Jolene M. Martinez
PROPERTY ADDRESS: 240/ Pinnacle Dr.
Temporary Easement Description:
A strip of land located in Lot /, Block 2,
EaStview Estates Addition, City of Salina, Saline
County, Kansas, and being more particularly
described as follows:
Commencing at the Northwest corner of said Lot 1,
Thence on on assumed bearing of S00°4,3'49"E,
along the West line of said Lot 1, a distance of
15.18 feet to the point of beginning;
Thence N26014'37"E a distance of 10.50 feet;
Thence S00°43149"E a distance of 52.35 feet,
Thence S89016'll"W, to a point on the West line of
said Lot /, a distance of 4.76 feet,
Thence N00 043'49"W, along said West lot line, a
distance of 43.00 feet to the point of beginning.
Easement contains: 227 square feet, more or less
,,`11111Y7iI7,7J,
' 1 53
;
0
S R`��y`�,
1700 E.IRON AVENUE
WI aKS67401 OWNER: Jesse &Jolene M. Ma CM SAUNrtinez SHEET 2 OF 2
&COMPANY (T�'a-5%!IFA% PROPERTY ADDRESS: 2401 Pinnacle Dr. CITY OF SALINA, KANSAS
PROJECT:1010040100 AW4.2011 KDOT PROJ.#85 U-2301-01