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Eastview Estates Addition - Block 15 - Lot 11 (ends 12/31/2014) f ( e....�o REBECCA SEEMAN .. GISTER OF DEEDS SALINE COUNTY KANSAS vP``0FT`"`;;';Book: 1233 Page: 1979-1982 Receipt : 73332 Recording Fee: 620.00 Pages Recorded: 9 � � } Dat a Recorded: 8/31/2011 2:23:07 PM TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this I day of , 2011, by and between TIM L. BECKER and ANGELA K. BECKER, husband and wi (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 : 123,E Page® 1480 IN WITNESS WHEREOF, the Grantor has caused this Temporary Construction Easement to be executed the day and year first above written. 0;4� �4,4kl Tim L. Becker An e K. Becker ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT CITY OF SALINA, KANSAS By: a's Aea /./.AZ aon A. Gage, City Mailager ATTEST: Lieu Ann Elsey, CLC, Citf Clerk ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on 2011 by Tim L. Becker and Angela K. Becker, husband and wife. JOSETTE DENISTON My appointment expires: Notay AMC-Stdo of uses MyAppt.Exp(resQ J-- 7-ap/ 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 thev City of Salina, Kansas. My appointment xes:SHANDI l.. WICKS �f�- Gt� Notary Public Sfat or Kansas Notary Public MyAppt.Expires �l [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- Books 1233 Page ; 1481 EXHIBIT A Lot 13, Block 15 Less S 20' for R/W I1225 E. Magnolia Rd. w CC I I Lot 12. Block 15 Q Less S 20'for R/W O CO I c0 Z � W I �" Exist. R/W 50' 1 North Section Line N62 020'35"E I Tract 5 Tim L. & Angelo K. Becker Temp rary Easement 1305 E. Magnolia Rd. Area: 192 Sq. Ft. M air Addition Lot l/. Block l5 Less S 20'for R/W 43.47' 33.53' S88 054'30"W N88 054130"E 5.00' IS00 020144"E Point of I Beginning I Mayfair Addition N 100' of Lot l0, Block l5 Legend /J// E. Magnolia Rd. I I Temporary S.,F Easement Scale: l" = 30' Area Temporary The accompanying plat does not Easement - l 92 Sq. Ft. constitute a boundary survey. 1700 E.IRON AVENUE K9 81401 OWNER: Tim L. &Angela K. Becker SHEET 1 OF 2 SAUNA, (185}627-0433 kCOMPANY (7B5"27.5646FAX PROPERTY ADDRESS: 1305 E. Magnolia Rd. CITY OF SALINA, KANSAS .Rf11Fl..T•1MBNMM —A.,,,. Vnr1T PPM IfAr,11_'X144- 4 Book_: '11233,�Page a 148 EXHIBIT TRACT: 5 OWNER: Tim L. & Angela K. Becker PROPERTY ADDRESS: 1305 E. Magnolia Rd. Temporary Easement Description. A strip of land located in Lot l 1, Block 15, Mayfair Addition, to the City of Salina, Saline County, Kansas, and being more particularly described as follows: Beginning at a point on the East line of said Lot l I located 20 feet North of the South line of said Lot l 1, said point also being on the North Right-of-Way line of an existing road Right-of-Way; Thence on an assumed bearing of S88 054'30"W, along said North Right-of-Way line, a distance of 43.47 feet; Thence N62°20'35"E a distance of 11.18 feet; Thence N88°54'30"E a distance of 33.53 feet to a point on the East line of said Lot ll; Thence S00°20'44"E, along said East lot line, a distance of 5.00 feet to the point of beginning. Easement contains: l 92 square feet, more or less ENS p,R .....•RTC i 1 53 . IM MMLSM SAUN IRS97401 UE OWNER: Tim L. &Angela K. Becker SHEET 2 OF 2 . COMPANY M'�27�F^X PROPERTY ADDRESS: 1305 E. Magnolia Rd. CITY OF SALINA,KANSAS PaaEcr:,o,004mo Aadid.2M, Vrlf%T D0l11 4#01Z 11 ')On, n,