Evergreen Park Addition - Lot 4, Block 3 (ends in 4/30/2016) ""' •,. REBECCA SEEMAN
°° €LISTER OF DEEDS SALINE COUNTY KANSAS
Book: 1276 Page: 305-308
Receipt #: 92181 Recording Fee: $20.00
Pages Recorded: 9 cI Abed
Date Recorded: 12/20/2013 10:25:33 AM
TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement is made this 3rd day of December, 2013, by
and between SON DANH TRAN and LAN VU, 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: 1276 Page: 306
IN WITNESS WHEREOF, the Grantor has executed this Te rary Construction
Easement effective as of the day and year written ab
on Danh Tran
�l I
Lan Vu --
ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT
CITY OF SALINA, KANSAS
By: ; . • 1'
J:son A. Gage, City M. ager
ATTEST:
I
A , , ,
Lieu Ann Elsey, CM P, ity Clerk
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on December 3 , 2013 by Son Danh Tran
and Lan Vu, husband and wife.
My appointment expires: /
NOTARY PUBUC•State of Kansas (� Notary Public
JOSHUA C HOWARD
in°F-1-': My Appt Exp.November 9,2017
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on btC.Q.pber- I3 , 2013, by Jason A.
Gage as City Manager and Lieu Ann Elsey as City Clerk of the City of Salina, Kansas.
My appointment —�---� �,u ,�
SHANDI L. WIC KS \� � -n-o
Notary Public-Stat-of kiansas
MyAppt.Expires L Z le, j Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
-2-
Book: 1276 Page : 307
Exhibit A - Page 1 of 2
Description:
A tract of land in Lot 4, Block 3, Evergreen Pork Addition to the City of Salina, Saline County, Kansas and more
particularly described as follows..
Commencing at the Southeast corner of said Lot 4;
thence on on assumed bearing of South 89' 52' 42" West on the south line of said Lot 4, a distance of 24.51 feet
to the Point of Beginning;
thence South 89' 52' 42" West on the south line of said Lot 4, a distance of 55.49 feet;
thence North 0' 32' 57" East, o distance of 21.15 feet;
thence South 89' 31' 32" East, a distance of 54.33 feet;
thence North 45' 14' 03" East, o distance of 703 feet;
thence North 0' 36' 28" Eost, a distance of 41.85 feet to the north line of said Lot 4;
thence North 89' 53' 37" East on the north line of soid Lot 4, a distance of 18.65 feet;
thence South 0' 35' 23" West, a distance of 43.99 feet;
thence North 89' 24' 37" West, a distance of 16.55 feet;
thence South 0' 16' 16" West, a distance of 4.46 feet;
thence North 89' 52' 47" West, a distance of 6.17 feet;
® thence South 0' 10' 25" Eost, a distance of 19.15 feet to the Point of Beginning.
Said tract contains 2001 square feet more or less.
® CITY OF SAUNA, 300 W ASH, SALINA, KANSAS
PUBLIC WORKS-ENGINEERING- UIILIA£S
.ate 11-2872 r Moy 2013 1-1
- r : Book: 1276 Page: 308
Exhibit A - Page 2 of 2
•
I
W8 53 7 E 18 65_I 1
f
0 C.3 :),,x;:t'::,4*.r,,,.; .A 0,
d, l� '") O
U ^",swp.
C: 1 ■
W „-
"' "..s" .cb o zIin -C o
Parcel 1 Iran o .t 11� o-`c
East 80 ft of Lot 4, `_ 03 ° "' " O'
Block 3, Evergreen c° _!,1�� -I`� °-
Pork Addition 3 E -s- I
m :T:.:, m W cn
Hc N4574'03"E I
Building Overhang ' >
7.03 i
5893132 E- 5.4.3, f Budding Face y N8974 37 W J6.5
•^i 50'16'16"W I
Tracts 2 - Temporary ._ - a_ `=' 4.46
-- Cons€ruclion Easement " ° N8932'47"W
1�. 2001-square feel 'W 6.17
?ham � :'
low o •
58952'42"W 55.49 S89 52'42"W 24.51
Point of Beginning - Tract 2
—\--
Existing Cloud Street Right-of-way
Point of Commencement -- Tract 2
Southeast Corner of Lot 4
Legend
® --- Right-of-way line
Easement line N CITY OF SAUNA, 300 W ASH, SAUNA, KANSAS
PUBLIC WORKS- ENGINEERING- UTILITIES
Property line
0 10 20 30 40
P6> Note: Alt distances are in feet ""� 11-2872 I"` May 2013 '�SCALE: 1" = 20' mw.r: b ay m/O ma61E1y l" ., 1-1
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