Loading...
NE4-NE4-26-T4S-R3W (ends 4/30/2016) REBECCA SEEMAN °•' . EGISTER OF DEEDS SALINE COUNTY KANSAS iPEr,ifrF,7t Book: 1276 Page: 295-298 `E 5`•' Receipt R: 92181 Recording Fee: $20.00 " ", „•'e•'•`--/ Pages Recorded: 4 derma. Date Recorded: 12/20/2013 10:25:31 AM TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement is made this /D'"` day of December, 2013, by and between SOUTHVIEW PLAZA OF SALINA, LLC, a Kansas limited liability company, (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 40 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: 296 IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction Easement effective as of the day and year written above. SOUTHVIEW PLAZA OF SALINA, LLC By: Rodney L. Steven, II, Managing Member ACCEPTANCE OF PERMANENT UTILITY EASEMENT CITY OF SALINA, KANSAS 1, , - By: ��, , , Q Jason A. Gage, City Manager ATTEST: Lieu Ann Elsey, CMC, Ci4 lerk ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SE,b 6,c.8 t C K , ss: This instrument was acknowledged before me on December /0 , 2013 by Rodney L. Steven, II as Managing Member of Southview Plaza of Salina, LLC, a Kansas limited liability company. My appoirttme 6:.- I NOM RAM STATE Of KANSAS No ublic myAp. STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on December lip , 2013, by Jason A. Gage as City Manager and Lieu Ann Elsey as City Clerk of the City of Salina, Kansas. My appoin 9.1 ex , L. WICKS ( �//J� =f Notary Public-State of Kansas QA 1.�✓ ilit41) My Appt.Expires ` C � Notary Public [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- Book : 1276 Page: 297 Exhibit A - Page 1 of 2 Description.. A tract of land located in the Northeast Quarter of the Northeast Quarter of Section 26, Township 14 South, Range 3 West of the 6th Principal Meridian, and more particularly described os follows: Commencing at the northeast corner of said Section 26; thence on on assumed bearing of North 89' 57' 54" West on the north line of said Section 26, a distance of 60.01 feet; thence South 0' 01' 19" Eost, o distance of 30.03 feet to the intersection of Cloud Street Right-of-way and Ninth Street Right-of-way, said intersection being the Point of Beginning; thence South 0' 01' 19" Eost on the South Ninth Street Right-of-way line, a distance of 33.87 feet; thence North 45' 05' 40" West, o distance of 4800 feet to the Cloud Street Right-of-way line; thence South 89' 58' 36" East, a distance of 33.98 feet to the Point of Beginning. Said Tract contains 576 square feet more or less. 4111 CITY OF SALINA, 300 W ASH, SALINA, KANSAS PUBLIC WORKS- ENGINEERING- uiILITIES MI MS 11-2872 I pc Boy 2073 Book : 1276 Page: 298 Exhibit A - Page 2 of 2 • Point of Commencement - Tract 1 Northeast Corner of Section 26, Township 14 South, Range 3 West North line of Section 26 f ") 0 N8957S4"W 60.01 j Existing Rood Easement Saline County - ' j Road Record Book A, Page 72-73 " W j rn ® •----- Existing Right-of-Way Ord 5862 ------- ---to o N -_- 589 58 36 E 3398 ° ' J N ---------- ---------- --e- -- - 60.10 Existing Cloud Street 4 �- 11E I Right-of-Way BAs ( o os 4 Point of Beginning - Tract 2 j n c °..1a:?, I W Troct 2 - Temporary 1 j Construction Easement j 576 square feet Existing Highway Right-of-Way -\i i Saline County Register of Deeds Existing South Ninth Misc. Book 17, Page 64 j Porcel 8 Southview Plaza of Salina, LLC Street Right-of-Way I 1 Unplotted - Part of NE$ of the NE a of Section 26 i I i t I i I II o j ' I I j : I Legend ' ® -- Right—of—way line N CITY OF SALINA, 300 W ASH, SALINA, KANSAS Easement line PUBLIC KVRKS- ENGINEERING- UTILITIES b' Property line 0 15 30 45 60 Note: All distances are in feet 53 "" °` 'a „N2872 May zol3 n 60% SCALE: 1" = 30' ...�c „ o,,b..�.o., I" 1, 1-1 d ea a D4, alot r