Evergreen Addition - Lot 26, Block 2 (ends 4/30/2016) REBECCA SEEMAN
�` °`dGISTER OF DEEDS SALINE COUNTY KANSAS
{( ,, . ;,; Book: 1275 Page: 11-17
'r,• -.., Receipt ": 91639 Recording Fee: $20.130
"r4a..:7 Pages Recorded: 9 C., f c �Q �
Date Recorded: 11/22/2013 1053:53 AM
TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement is made this 30th day of October, 2013, by and
between TIMOTHY C. MAIN and LINDA K. MAIN, husband and wife, (the "Grantor") and the
CITY OF SALINA, KANSAS, a municipal corporation, (the "City"):
GRANT: The Grantor, for good and valuable consideration, hereby conveys to the City,
a temporary construction easement (the "Easement") in, on, over, under, and through the real
estate legally described and depicted on the attached and incorporated Exhibit A (the "Real
Estate") for all rights of ingress and egress of the City, its employees, contractors, and authorized
franchisees and licensees, for the purposes of constructing, grading, improving, reconstructing,
and inspecting the Ninth and Cloud Improvements, City Project No. 11-2872 (the "Project") in
the manner called for in the project plans.
RESTORATION: After completion of construction, the City shall restore the area of
the Easement by seeding or paving as set out in the project plans and specifications. Grantor
acknowledges that grading within the Easement may result in a permanent grade change.
TERM: The Easement shall be for a term of one (1) year commencing May 1, 2014 and
ending April 30, 2015; provided, however, that from May 1, 2015 through April 30, 2016, the
City's employees or contractors shall have the right to perform maintenance, repairs, or
landscape work on the Project.
OWNERSHIP: Grantor covenants that it owns the Real Estate and has the right, title,
and capacity to grant the Easement.
MAINTENANCE: Grantor acknowledges ,that the Easement shall not affect the
Grantor's obligation to maintain the Real Estate.
IMPROVEMENTS: Grantor acknowledges that the construction of any building or
structure on the Real Estate is governed by the Salina Code as it may be amended from time to
time (currently Sec. 42-63).
SURFACE GRADE: Grantor shall neither alter nor permit others to alter the surface
grade of the Real Estate without the prior written approval of the City.
BINDING EFFECT: The Easement shall be binding upon and shall run with the Real
Estate.
Book: 1275 Page: 45
IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction
Easement effective as of the day and year written above.
othy MBi r ft
Linda K. Main
ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT
CITY OF SALINA, KANSAS
By: Ai..J., it A....4
. on A. Gage, City M: ager
ATTEST:
Lieu Ann Elsey, CMC, City 1 rk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on October 30 , 2013 by Timothy C. Main
and Linda K. Main, husband and wife.
r A
RFNO K. LINTON
My kkh?•PUBLIC I% i q/ apt
STATE OF KANSAS LL�v--da 1L ,y.�+
MY APPT. EXPIRES 16-q•?o l5 _ Notary Public
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on 1\1ove111var [5), 2013, by Jason A.
Gage as City Manager and Lieu Ann Elsey as City Clerk of the City of Salina, Kansas.
My appointment expires: Jo- 8-02014- i
InfEaza CYNTHIA S. WOLFF olkikCc
1
Notary PUNIC• State of Kansas Notary Publ
My Appt.Expires j p-g-a004
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
Book: 1275 Page : 46
Exhibit A - Page 1 of 2
Description:
A tract of Land located in Lot 26, Block 2 of the Re—Plat of Part Blocks 1-2 Evergreen Pork Addition to the City of
Salina, Saline County, Kansas and more particularly described as follows:
Beginning at the southeast corner of said Lot 26;
thence on an assumed bearing of South 89' 52' 42" West on the south line of said Lot 26, a distance of 4999 feet
to the southwest corner of said Lot 26;
thence North 00' 29' 44" East on the west fine of said Lot 26, a distance of 5.51 feet;
thence North 86' 43' 43" East, a distance of 50.09 feet to the east line of said Lot 26;
thence South 00' 26' 08" West, a distance of 8.26 feet to the Point of Beginning.
Said tract contains 344 square feet more or less.
CITY OF SALINA, JLb W ASH, SALINA, KANSAS
PUBLIC WORKS-ENGINEERING- UTILITIES
.w,o-11-2872 Inc Noy 2013 -n1-1
,a. I" „
Book: 1275 Page : 47
Fxhibit.A - Page 2 of 2
1 1
1
I I
1 1
1 1
Parcel 3 Main 1
Lot 26, Block 2,
I I
R Re plat of port of 1 I
Blocks 1-2 1 1
Evergreen Pork
Add i e L
ition v1
• I
1 1F
NO2944E N864343E 5009 1 1
5.51 _ ,re r r a ' 502608"141
_______ is v.}m":;s tXrIim ( ;;.,.r 826
{
5895242"W 4999
Southwest corner of Lot 26 Point of Beginning - Tract 2
Southeast corner of Lot 26
Legend
---- Right-of-Amy The N CITY Or SALINA, 300 W ASH, SAUNA, KANSAS
Easement Ilse PUBLIC WORKS—ENGINEERING—UTILIBES
Property line
0 10 20 30 40
Note: All distances are in feet ���� " °11_2872 I May zou
SCALE: 1" = 20' ,.a.. .,.....�e,... 1.. A, t-1
CP
Ann aou