Eastview Estates Addition - Block 01 - Lot 03 (2) (ends 12/31/2014) REBECCA SEEMAN
°•••° LISTER OF DEEDS SALINE COUNTY KANSAS
`;Book: 1233 Page: 1983-1986
y pF•
+`•°E E p`:'+ Receipt x: 73332 Recording Fee: $20.00
k± Pages Recorded: 9
Dat a Recorded: 8/31/2011 2:23:06 PM
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE, made this '2"�day of , 2011, by and between
DAVID K. SWELEY and CHERYL A. SWELEY, 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.
i , Book. 1233 Page : 1484
IN WITNESS WHEREOF, the Grantor has caused this Temporary Construction
Easement to be executed the day and year first above written.
/ j 1A
"004.4 Ll s"
David K. Sweley
Cheryl A. Sikley
ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT
CITY OF SALIVA, KANSAS
By:
nwnewq- Z� /�
J on A. Gage, City M ager
A EST: �-
Lieu Ann Elsey, CLC, City Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on � 3, 2011 by David K.
Sweley and Cheryl A. Sweley, husband and wife. J
TERRI A. BURROUGHS
My appointment expires: Notary Public-State of I nsas. �
My Appt. Expires April 9,2013 Notary Public
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 th City of Salina, Kansas.
SHANDI L. WICKS nn
My appointment expir Notary Public- State of Kansas
MyAppt.Expires q 429 lawma �•??"�, Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
Book ® 1233 Page : �4
t
EXHIBIT A
NW Corner
Part of Lot 2 of Lot 3 North Section
Exist. R/W 50' 1
Line
Port of Lot 3 5.00' o
N01009"38 W
�r-
� on
Temporary Easement I I �' CO
Area: 250 Sq. Ft. o
-----
T ract 44 I Point of
I �
David W. & Cheryl A. Sweley Beginning z
Eastview Estates Addition I I
Lot 3 Less Tract. Block I
S88 054130"W - 50.06'
49.96' N88 054130"E
— — —� �- NE Corner
I I of Lot 3
Lot 4 I 5.00'
IS00 001'49"W
Exist. Utility Easement 90' 1 I I
I �
Q
J
Exist. Sanitary Sewer I o
Easement 80' 1 I I
I
I I w
Legend T
Temporary Scale: /" = 30'
Easement
Area The accompanying plat does not
constitute a boundary survey.
Temporary
Easement - 250 Sq. Ft.
SHEET 1 OF 2
/� �1700E IRON AVENUE
w� (780Y027-0433�� OWNER: David W. & Cheryl A. Sweley CITY OF SALINA, KANSAS
&COMPANY (786)-827-5949 FAX KDOT PROD.#85 U-2301-01
14.2011 ....... _.._, ._.,,..... ...__-.
non.irm-4040M0,00 _ ---------_.�_..._._
Book 1233 Page.- 1486
EXHIBIT A
TRACT: 44
OWNER: David W. & Cheryl A. Sweley
Temporary Easement Description:
A strip of land located in Lot 3, Block 1. Eastview Estates
Addition, City of Salina, Saline County, Kansas, and being more
particularly described as follows:
Commencing at the Northwest corner of said Lot 3,
Thence on an assumed bearing of N88°54'.30"E, along the North line
of said Lot 3, (7 distance of 44.96 feet to the point of beginning;
Thence continuing N88°54'30"E, along the North line of said Lot 3,
a distance of 50.06 feet to the Northeast corner of said Lot 3;
Thence S00°01'49"W, along the East line of said Lot 3, a distance
of 5.00 feet;
Thence S88°54"30"W a distance of 49.96 feet,
Thence N01°09'38"W a distance of 5.00 feet to the point of
beginning.
Easement contains: 250 square feet, more or less
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1700 E.IRON AVENUE SHEET 2 OF 2
WILS M(7"-M-0433 1 OWNER: David W. &Cheryl A. Swele
&COMPANY ����� ry y CITY OF SALINA,KANSAS
(703}827.5919 FA%
KDOT PROJ:#85 U-2301-01
PROJECT'.10100/0100 A0A11.2011