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Eastview Estates Addition - Block 14 - Lot 09 (ends 12/31/2014) REBECCA SEEMAN ""'� GISTER OF DEEDS SALINE COUNTY KANSAS D�iPE619 TEq•.'a• .°F ,;Book: 1290 Page: 1151-1159 x: 76067 P Recei t '�,, k •..•••5.> Recording Fee: 620.00 "h e Pages Recorded: 4 0i4 ka wzaL 44alw Dat a Recorded: 1/17/2012 2:98:92 PM TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this __aa day of , 2011, by and between CHRISTOPHER A. KERR and KIMBERLY N. KERR, 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. LJ ± Book: 1240 Page. 1152 IN WITNESS WHEREOF, the Grantor has caused this Temporary Construction Easement to be executed the day and year first above written. Christopher A. Kerr Kim erly N. Kerr ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT CITY OF SALIVA, KANSAS By: 1,01,t 4 1k,W�lf J - on A. Gage, City anager ATTEST: Ya3kA-� Lieu Ann Elsey, City Clerk ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on Vd2Z&r� 2011 by Christopher A. Kerr and Kimberly N. Kerr, husband and wife. My a ointmen xni - '9-1 0" Q *�. HAVANA SHULER C Notary Public Y State of K2nsas krly Appt.[Y.p. /e'� 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. C My appointment expires: i, SHANDI L. WICKS` Notary Public EM Notary Public-State of Ka�,P:� My Appt.Expires �aQ [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- 10 Book: 1240 Page. EXHIBIT Mayfair Addition Lot 9, Block 14 Less S 20' for R/W L 2360 Shalimar Dr. Exist. R/W SHALIMAR DR. Point of Beginning Exist. R/W 20.46' W S83°l 7'57"W 0 Temporary Easement CO . o Area: -80 Sq. Ft. z D � 0 Q o z CO C) CO co W z o C) Q o 00 Lu CO z Exist. R/W 50' 1 Lot 13, Block l5 Less S 20-' for R/W I 1225 E. Magnolia Rd. South Section Line Area Legend Scale: 1" = 30' Temporary Temporary Easement = 80 Sq. Ft. The accom an ih plat does not Easement p Y 9 p constitute a boundary survey. 1700 E.IRON AVENUE SHEET 1 OF 2 vN SAUNA, '.8IM1 OWNER: Sung Kyu &Yi Won Kum &COMPANY (78s 827-&SFAx CITY OF SALINA, KANSAS PROPERTY ADDRESS: 2359 Shalimar Dr. knnT cRn i iRr, i i_gini_ni EXHIBIT A Book: 1240 Page: 1154 i PROPERTY ADDRESS: 2359 Shalimar Dr. Temporary Easement Description: A strip of land located in Lot 14, Block /5, Mayfair Addition, to the City of Salina, Saline County, Kansas, and being more particularly described as follows: Beginning at a point on the West line of said Lot 14 located 20 feet North of the South line of said Lot 14, said point also being on the North Right-of-Way line of an existing road Right-of-Way; Thence on an assumed bearing of N88°54'30"E, along said North Right-of-Way line, a distance of 80.39 feet to ' the East line of said Lot 14; Thence N89°11'00"W a distance of 60.06 feet; Thence S83°17'57"W a distance of 20.46 feet to the point of beginning. Easement contains: 80 square feet, more or less `,. 4, .��C_NSFO � no spL �m 1353 • 5-ly A Y• o.�:' % `S FV a'If . �(O♦♦♦♦ aAydd IA s u�o 1 ♦ �tFOOFC(M9tta Tra C"I a-� ' t2vn aot� 1700 E.IRON AVENUE SHEET 2 OF 2 WILSCM SALINf�KS0740, OWNER: ��� QW-W-0a CITY OF SALINA, KANSAS &COMPANY (7a5}827.50a9FAX PROPERTY ADDRESS: 2359 Shalimar Dr. oQn crr,mnnamm Aonla,zo„ KDOT PROJ.#85 U-2301-01