Golden Eagle Estates No. 3 - Block 01 - Lot 01 (ends 12/31/2014) REBECCA SEEMAN
s�?e•"•c•••YGISTER OF DEEDS SALINE COUNTY KANSAS
1.":""OF Book: 1293 Page: 1730-1735
Receipt 4: 77677 Recording Fee: QUO
� <
pages Recorded: 6 �
Date Recorded: 3/28/2012 2:00:27 PM
TEMPORARY CONSTRUCTION EASEMENTS
-THIS INDENTURE, made this 28b day of March, 2012, by and between
EAGLECREST, L.L.C., a Nebraska Limited Liability Company(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, three (3) temporary construction easements in, through, over, and across a
certain portion of land owned by the Grantor, as legally described and as depicted on Exhibits A-
1, A-2, B-1 and B-2) attached hereto and incorporated herein (the "Temporary Construction
Easements") 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 Easements shall each 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 Easements by seeding or paving as set out in the Project plans and
specifications. Grantor acknowledges that grading within the Temporary Construction
Easements may result in a permanent grade changef
OWNERSHIP: Grantor covenants that Grantor owns the real estate upon which the
Temporary Construction Easements are located and has the right, title and capacity to grant the
easements herein conveyed.
BINDING EFFECT: The Temporary Construction Easements are binding upon the
heirs, executors, administrators, personal representatives, successors and assigns of the Grantor
and the City and shall run with the land. It is understood that this instrument cannot be changed
or altered other than in writing, signed by both Grantor and the City.
IN WITNESS WHEREOF, the Grantor has caused this Temporary Construction
Easements instrument to be executed the day and year first above written.
EAGLECREST,L.L.C.
A Nebraska Limited Liability Company
By:
Thayer,Manag},fig Member
Book: 12,43 Page: 1731
ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENTS
CITY OF SALINA, KANSAS
By:
son A. Gage, City Manager
ATTEST:
Lieu Ann Elsey, CMC, City C erk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on March 2.012 by Jan Thayer as
Managing Member of Eaglecrest;L.L.C.
My appointment expires: .I T S NFAII
0 2.— ' OF Notary Public
S'.
! tom•
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on March,, 2012, by Jason A. Gage as
City Manager and Lieu Ann Elsey as City Clerk for the City of Salina, Kansas.
My appointment expires.t/,o/f,X 12'-'
Notary Public
SHANDI L. WICKS
Notary Public- state of Kansas
MyAppt.Expires
[A real estate sales validation questionnaire is not required pursuant to-K.S.A. 79-1437e(a)(13)]
-2-
EXHIBIT _ 1 Book. 1243 Page; 1732
A e
Temporary
Easement
84.60' � City Limits
N00°21'25"W -�
87.03 Area
Point of I S14 040'23"E
Beginning #/ � Temporary = 2,848 Sq. Ft.
g g Exi st. Drainage Esmt. Easement
2/.52
S88 054'30"W W Temporary Easement #/ \
o I Area: 910 Sq. Ft.
;n
CO ( Exist. Drainage Esmt. Exist. R/W
CO
Exist. Utility Easement
N I
Tract 9 \ �G)
C° Eoglecrest. LLC
1501 E. Mognolio Rd. \
Golden Eagle Estates Addition No. 3
Lot 1. Block l \ TA
�L
32.02'
S37 034'05"W
Point of 60.00'
Beginning #2 S88 054'30"W
1
95.00' Temporary Easement #2
N88 044'03"E Area: 1,938 Sq. Ft.
o
29.15' 1
N32°03'20"W
C J
J O
O (n
O Q
Exist. R/W 50' 1
ca
c
Z3
Exist. Utility
Easement I
Scale: l" = 100'
The accompanying plat does not
constitute a boundary survey.
1700 E.IRON AVENUE SHEET 1 OF 2
'mil ON SALINA,KS67401 OWNER: Eaglecrest, LLC
e5�2 5949 FAX CITY OF SALINA, KANSAS
&COMPANY January 18,2012 PROPERTY ADDRESS: 1501 E. Magnolia Rd. KID PROJ.#85 U-2301-01
• EXHIBIT A- 2 Book; 1243 Page: 1733
TRACT: 9
OWNER: Eaglecrest, LLC
PROPERTY ADDRESS: 1501 E. Magnolia Rd.
Temporary Easement •l Description:
A strip of land located in Lot 1, Block 1, Golden Eagle
Estates No. 3, a replat of Block 1, Lots l through l/,
Golden Eagle Estates Addition No. 2, to the City of Salina,
Saline County, Kansas, and being more particularly described
as follows:
Beginning at the Southwest corner of said Lot 1,
Thence on an assumed bearing of N00 021'25"W, along the
West line of said Lot 1, a distance of 84.60 feet;
Thence S14 040'23"E a distance of 87.03 feet to a point on
the South line of said Lot l;
Thence S88 054130"W, along said South lot line, a distance
of 21.52 feet to the point of beginning.
Easement contains: 910 square feet, more or less
Temporary Easement 02 Description:
A strip of land located in Lot 1, Block 1, Golden Eagle
Estates No. 3, a replat of Block 1, Lots / through l 1,
Golden Eagle Estates Addition No. 2, to the City of
Salina, Saline County, Kansas, and being more
particularly described as follows:
Commencing at the Southwest corner of said Lot 1,
Thence on an assumed bearing of N88°54'30"E, along
the South line of said Lot 1, a distance of 416.52 feet
to the point of beginning,
Thence continuing N88°44'03"E, along said South lot line, ,,4p+�4 PA,
G distance of 95,00 feet; ��®° o°.,���'V��o° '
Thence N32 003120"W a distance of 29.15 feet; � `•
Thence S88°54'30"W a distance of 60.00 feet, a 3 53 a
Thence S37°34105"W a distance of 32.02 feet to the ►-��'�
point of beginning.
Easement contains: 1,938 square feet, more or less
MLSON 1700 E.IRONAVENUE OWNER: Eaglecrest, LLC SHEET 2 OF 2
SALINA,KS 67401
&COMPANY (785}8275949 FAX PROPERTY ADDRESS: 1501 E. Magnolia Rd. CITY OF SAUNA, KANSAS
PROJECT:1010040100 January 18,2012 KDOT PROJ. #85 U-2301-01
N12°34'13B1ok: 1243 Page: 1734
" EXHIBIT B_1 `���N58°59'41"E 1 22.45
t,`�� �`� `� 15.81
001-\\\\\\
�\ Point of Beginning
0 5123 `mot
Tract 9 (-a
Eaglecrest, LLC 0)
1501 E. Magnolia Road U
Lot 1, Block 1, Golden Eagle
Estates Addition No. 3
d
W
t
I
I
S83°23'38"W
23.32
I �
I
0
00
Ln
Right—of—Way 00
Line cn
I
IQ0
I�
Point of Commencement
Northeast Corner of Lot 1, Block 1,
Golden Eagle Estates Addition No. 3
East Line of Lot 1
CITY OF SALINA, 300 W ASH, SALINA, KANSAS
PUBLIC WORKS - ENGINEERING - UTILITIES
0 10 20 30 40 Temporary Easement
Tract 9, Eaglecrest, LLC
SCALE: 1" = 20' Feaeo: oeLC: sheer:
85 U-2301-01 Mar 2012 1
—2
FiLCNnML:yagoio ODIC Caglec.e -i : Jin
EXHIBIT B-2 Book: 1243 Page: 1735
.
Tract 9
Temporary Easement
Owner: Eaglecrest, LLC
Address: 1501 East Magnolia Road ,
Description:
A tract of land in Lot 1, Block 1, of Golden Eagle Estates Addition No. 3, to the City of Salina, Saline
County, Kansas and more particularly described as follows:
Commencing at the Northeast corner of said Lot 1;
Thence on an assumed bearing'of South 88' 58' 09" West on the North line of said Lot 1, a distance of
176.96 feet;
Thence South 83' 23' 38" West, a distance of 23.32 feet to the North line of said Lot 1;
Thence South 77' 49' 06" West on the North line of said Lot 1, a distance of 226.26 feet to the Point of
Beginning;
Thence South 12' 34' 13" East, a distance of 52.41 feet;
Thence South 88' 25' 07" West, a distance of 71.31 feet;
Thence North 12' 34' 13" West, a distance of 11.74 feet;
Thence North 58' 59' 41" East, a distance of 15.81 feet;
Thence North 12' 34' 13" West, a distance of 22.45 feet to the North line of said Lot 1;
Thence North 77' 49' 06" East, a distance of 55.00 feet to the Point of Beginning.
Said Tract contains 2835 square feet more or less.
CITY OF SALINA, 300 W ASH, SALINA, KANSAS
PUBLIC WORKS — ENGINEERING — UTILITIES
,lVtp- pubLtCLobH(S -�MZD5 Temporary Easement
Troct 9, Eaglecrest, LLC
JaAa no: o.re: vEEr:
85 U-2301-01 Mar 2012 2--2
—NAME:4a9^Nia Ol,lo Ea9lec.eaLEnQ BY: �In