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Mayfair Addition - Block 15 - Lot 10 (ends 12/31/2014) REBECCA SEEMAN GISTER OF DEEDS SALINE COUNTY KANSAS {`pia X610 TEq'.. ', Book: 1299 Page: 229-232 C E Receipt x: 79997 9 Recording Fee: $20.00 ^i „.... Pages Recorded: 9 G/v kawIz_ -dam} Date Recorded: 7/9/2012 2:29:19 PM TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this II#Lday of May, 2012, by and between IGNACIO OROZCO and MARIA M. OROZCO, 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 nineteen (19) months commencing June 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. BENDING 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. IN WITNESS WHEREO'I+, the'Grantor has caused this Temporary Construction Easement to be,executed the day and year first above written. Igna io Orozco Maria M. 4ozco GAS VIP 20(z, Book ; 1249 Page : 230 ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT CITY,OF SALIVA, KANSAS By: q..", Jason A. Gage, City Mant1ger A EST: Lieu Ann Elsey, CMC, City C erk ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on May 19, 2012 by Ignacio Orozco and Maria M. Orozco,husband and wife. My appointment expires: DAN STACK Notary Public-State of Kansas Notary Public My Appt. Expires December1 toi5 STATE OF KANSAS, COUNTY OF SALINE, SS: This instrument was acknowledged before me on May L7, 2012, by Jason A. Gage as City Manager and Lieu Ann Elsey as City Clerk for the City of Salina, Kansas. My appointment expires: Q„n _ DAN STACK Notary Public Notary Public-State of Kansas My Appt. Expires December 24 205 [A real estate sales validation questionnaire is 66 required pursuant to K.S.A. 79-1437e(a)(13)] -2- EXHIBIT A Book : 1249 Page : 231 TRACT: 6 OWNER: Ignacio & Maria M. Orozco PROPERTY ADDRESS: /Jll E. Magnolia Rd. Temporary Easement Description: A strip of land located in Lot l0, Block l5, 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 /0 located 20 feet North of the South line of said Lot l0, 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 42.53 feet; Thence N70°32'09"W a distance of 8.54 feet; Thence S88°54'30"W a distance of 34.50 feet to a point on the West line of said Lot l0; Thence S00 020144"E, along said West lot line, a distance of .3.00 feet to the point of beginning. Easement contains: l l 6 square feet, more or less oe/aaaaaoure i 353 � yb SR4�,.', 1700 �iraanaaaN WIMSCM SALT A KS 67401 OWNER: Ignacio& Maria M. Orozco SHEET 2 OF 2 SAUNA,K3N AVE �e ' -5�948 FAX CITY OF SALINA, KANSAS PROJECT:1010040100&COMPANY AM 4,4011 PROPERTY ADDRESS: 1311 E. Magnolia Rd. KoOT PROS.#85 u-2301-01 EXHIBIT A oak' age: 232 South Section Line Mayfair Addition I Lots // & l 2, Block /5 Less S 20' for R/W I /-305 E. Magnolia Rd. W C I Exist. R/W 50" 1 Q 3.00' Ln ° S00 020'44"E CIO I Temporary Easement Area: l 16 Sq. Ft. Point of 34.50' Beginning S88 054'30"W 42.53' 8.54' N88 054130"E N70°32'09"W Tract 6 Ignacio & Mario M. Orozco I 1311 E. Magnolia Rd. Mayfair Addition N 100'of Lot l0, Block l5 Mayfair Addition Lots 8 & 9, Block l5 Less S 20' for R/W 2358 Huntington Rd. Legend Temporary Easement T Area Scale: l" = 30' Temporary The accompanying plat does not Easement = l/6 Sq. Ft. constitute a boundary survey. a rG� WFLSCW 1700 E.IR0N AVENUE SHEET 1 OF 2 SALINA,KS 67401 OWNER: Ignacio& Maria M. Orozco o0100 (785}827-5949 FAX CITY OF SALINA, KANSAS &COM "4,2011 PROPERTY ADDRESS: 1311 E. Magnolia Rd. KNOT PROS-#85 u-2301-01