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River Trail Addition - Block 04 - Lot 39 (ends 12/31/2014) REBECCA SEEMAN +" '••` GISTER OF DEEDS SALINE COUNTY KANSAS 1j f415 Tr Rt; oEEOS Book: 1290 Page: 1159-1162 Receipt #: 76067 Recording Fee: $20.00 Pages Recorded: 4 GN kecao- -i4alw Date Recorded: 1/17/2012 2:98:99 PM TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this Il day of Od—, , 2011, by and between JERRY D. DOCHOW and BARBARA J. DOCHOW, husban 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: 1240 Page: 1160 IN WITNESS WHEREOF, the Grantor has caused this Temporary Construction Easement to be executed the day and year first above written. D qcHofv Barb—arl J. Docho ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT CITY OF SALINA, KANSAS By: (� AA.. Jlyta RP-60A FM- J A. Gage, Cit Manager TTES�- on Lieu Ann Elsey, CLC, City Clerk ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on Nwe,,, J 42011 by Jerry D. Dochow and Barbara J. Dochow, husband and wife. My appointment exp' Z�r B T.AMREIAO Uku T, �Notary Public pr#0pt B*. /�9-/� N STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on L x'bQr— 20, 2011, by Jason A. Gage as City Manager and Lieu Ann Elsey as City Clerk for the City of Salina, Kansas. My appointment expires: _ iNotSHANDI L.WICKS ary Public Expires l.) [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-143 7e(a)(1 3)] -2- Rnnk: 1240 Pam 1191 f EXHIBIT Exist. River Trail R/W West Line Lot 39 SW Corner Temporary Easement #1 of Lot 39 Area: 233 Sq. Ft. 9.41' 32.99' N88°55'12"E N00 044'24"W Point of 20.12' _ Beginning l S06°55'3 5"E 15.02' /0.00' N39031'27"W S88055"1 2"W 30.07' N S35 043'10"E LO Q 30.4/' co N79 027'28"E Tract I l Q in ,: o ;� ° I Jerry D. & Barbaro J. Dochow W ' °D 2359 Aidon Cf. CC) River Trail Addition Ln ` z Lot 39. Block 4 cyi ZY) / Point of Begi nni ng #2 �`' " Exist. Utility SE Corner of Lot 39 `'''`` Easement 90' Temporary Easement #2 City Limits Area: 590 Sq. Ft. Exist. R/W 50-' 1 10.42' S1 7029,46"E River Trail Addition Lot 38, Block 4 2353 Aidan Cf. South Section Line Legend Area Temporary Temporary Scale: I" = 30' Easement = 823 Sq. Ft. :::,,.::;,;;:.:;:: ; Easement City Limits The accompanying plat does not constitute a boundary survey. �WFISON,700E-, O IRO 8740,N AVENUE OWNER: Jerry D. &Barbara J. Dochow SHEET 1 OF 2 17W I &COMPANY 85}827-0433 (78S}827.5949 FAX PROPERTY ADDRESS: 2359 Aidan Ct. CITY of sALINA, KANSAS PROJECT:1010040100 A M4.20„ KDOT PROJ.#85 U-2301-01 Book: 1240 Page: 1162 EXHIBIT A TRACT: I l OWNER: Jerry D. & Barbara J. Dochow PROPERTY ADDRESS: 2359 Aidan Ct. Temporary Easement N/ Description: A strip of land located in Lot 39, Block 4, River Trail Addition to the City of Salina, Saline County, Kansas, and being more particularly described as follows: Commencing at the Southwest corner of said Lot 39, Thence on an assumed bearing of N88 5512 E, along the South line of said Lot 39, a distance of 9.41 feet to the point of beginning; Thence N39°31'27"W a distance of 15.02 feet to a point on the West line of said Lot 39; Thence N00 04424"W, along said West lot line, a distance of 32.99 feet; Thence S06 055'35"E a distance of 20.12 feet; Thence S35 043110"E a distance of 30.07 feet to a point on the South lot line; Thence S88 055112"W, along said South lot line, a distance of /0.00 feet to the point of beginning. Easement contains: 233 square feet, more or less Temporary Easement *2 Description: A strip of land located in Lot 39, Block 4, River Trail Addition to the City of Salina, Saline County, Kansas, and being more particularly described as follows: Beginning at the Southeast corner of said Lot 39, Thence on an assumed bearing of S88°55'12"W, along the South line of said Lot 39, a distance of \rEwsF••.! 99.65 feet; Thence N79 027128"E a distance of 30.41 feet; 53 Thence N84°38'00"E a distance of 66.89 feet to a 5, Iii point on the East line of said Lot 39; wo. ; Thence S17 029146"E, along said East lot line, a SUR*4 distance of 10.42 feet to the point of beginning. �+eoeee'en"�� Easement contains: 590 square feet, more or less "Tmc� t2m a 1700 E.IRON AVENUE - SHEET 2 OF 2 MaLSON SAUNA,K867401 OWNER: Jerry D. &Barbara J. Dochow -- &COMPANY v85�--0.1oFAX CITY OF SALINA, KANSAS PROJECT:1010040100 AM14•ZO PROPERTY ADDRESS: 2359 Aitlan Ct. „ KDOT PROJ.#85 U-2301-01