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Evergreen Park Addition - Lot 4, Block 3 (2) (ends 4/30/2016) • REBECCA SEEMAN ' 4•" .!" ' 8EGISTER OF DEEDS SALINE COUNTY KANSAS 'vPC0F'F ;; Book: 1276 Page: 275-280 ,,,.'b J{ Receipt x: 92181 Recording Fee: $28.00 ^,Y ear Pages Recorded: 6 G 0 a - Date Recorded: 12/20/2013 10:25:27 AM TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement is made this 4th day of December, 2p13, by and between STEVEN D. ALBRECHT, a/k/a Steven Albrecht, and RHONDA J. ALBRECHT, a/k/a Rhonda Albrecht, 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 Exhibits A and B (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 itime 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 : 276 ® IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction Easement effective as of the day and year written above. .74 Z � , � I Steven D. Albrecht, a/k/a Steven Albrecht 174 Rhonda . ° 1•recht, a/k/a Rhonda Albrecht ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT CITY OF SALINA, KANSAS By: U -L Jas`n A. Gage, City M a�n ger ATTEST: Lieu Ann Elsey, CMC,r'ty Clerk ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on December 14 , 2013 by Steven D. Albrecht, a/k/a Steven Albrecht, and Rhonda J. Albrecht, a/k/a Rhonda Albrecht, husband and wife. My appointment expires: ikroad NOTARYPUBUC JOSHUA•C•Stye of Kansas / Notary Public HOWARD / My Appt.Exp.November 9,2017 STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on December \( , 2013, by Jason A. Gage as City Manager and Lieu Ann Elsey as City Clerk of the City of Salina, Kansas. My appointment expires: 46., L. tO 0/4' L. ® NotarySHANDI Public Stat WICKS nsas of Ka Notary Public My Appt Expires [A real estate saTes validation questionnaire is not required pursuant to K.S.A. 79-1437e(ra)(13)] -2- Back : 1276 Page: 277 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 8000 feet to the Point of Beginning; thence South 89' 52' 42" West on the south line of said Lot 4, a distance of 119.70 feet to the southwest corner of said Lot 4; thence North 00' 29' 12" East on the west line of said Lot 4, a distance of 22.40 feet; thence South 89' 31' 32" East, a distance of 119.72 feet; thence South 00' 32' 57' West, a distance of 21.15 feet to the Point of Beginning. Said tract contains 2606 feet more or less. • ® CITY OF SALINA, JOO W ASH, SALIVA, KANSAS PUBLIC WORKS- ENGINEERING- UTILITIES inv uc a� 11-2872 Moy 2013 1-1 Book: 1276 Page: 278 Exhibit A - Page 2 of 2 4111 1 I 0 1 I ii I , Q Parcel 2 Albrecht Port of Block 3, I '1 Evergreen Pork o e Porcel I lion I i Addition I Temp. Const. & S/W Easement East 80 /t of Lot 4, S89:31'327- 11972 g Block 3, Evergreen Buildin Face Pork Addition -_- i o, Nr;R W . ., - -Temporary Co i§eaeloatilem nt Traet 5 .. I 2606 square feet �� CV I i SD3257 W _ ` Point of Beginning Troct 5 N�- Tem Construction fosement� -� :- �"21P15 9 g p 589 119.70 ' Existing Cloud Street Right-of-way 5893747W 80.00 I Point of Commencement - Tract 5 Southwest Corner o/Lo;542'42"W Southeast Corner of Lot 4 Legend ® -- Right-of-way line n CITY OF SAUNA, J00 W ASH, SAUNA, KANSAS Easement line PUBLIC WORKS-ENGINEERING= U11LI77ES Property line 0 15 30 45 60 Note: All distances ore in feet ""°11-2872 "` Airy 2013 1-1 SCALE: 1" = 30' 111.141C .,,.mob,mon,n ica I.Iln `. • Book : 1276 Page: 279 Exhibit B Page 1 of 2 Description: A tract of land in Lot 1, Lot 2, and Lot 3, 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 3 thence on an assumed bearing of South 89' 53' 37" West on the south line of said Lot 3, a distance of 2.03 feet to the Point of Beginning; thence South 89' 53' 37" West on the south line of said Lot 3, a distance of 16.55 feet; thence North 00' 35' 23" East, a distance of 37.45 feet; thence North 90' 00' 00" West, a distance of 3.45 feet; thence North 00' 35' 22" East, a distance of 54.04 feet; thence South 89' 24' 37" East, a distance of 15.00 feet; thence North 00' 35' 23" East, o distance of 11.55 feet; thence North 07' 19' 03" East, a distance of 59.01 feet to the east line of said Block 3. thence South 00' 32' 58" West on the east line of said Block 3, a distance 42.44 feet; thence South 07' 19' 11" West, a distance of 16.58 feet; thence South 00' 35' 23" West, a distance of 102.50 feet to the Point of Beginning. Said tract contains 1944 square feet more or less. CITY Of SAUNA, 300 W ASH, SALINA, KANSAS ® PUBLIC WORKS- ENGINEERING= UTILITIES 11-2872 Iuc May 2013 '1_1 Back: 1276 Page: 280 Exhibit B - Page 2 of 2 Porcel 2 Albrecht Port of Block 3, Evergreen Park Addition Temporary Construction Easement - Tract .3 1944 square feet N90 00 00 W 345 5897437E - -.� 1500 � � N03522 E 54 04' 58953'37'W NO 35 23,E37 45 : NO 35 23"E 1655 1155 . � sW N2_.79.'W E 5901 ----S719i1 ---- 5895337"W 1658 S03258"W 42.44 Existing South Ninth 203 Street Right-of-way Right-of-way& S/W& Point of Beginning - Tract 3 Temp. Const. Easement Point of Commencement - Tract 3 Southeast Corner of Lot 3 Legend S ---- Right Of Way line CITY OF SALINA, 300 W ASH, SALINA, KANSAS Easement line PUBLIC WORKS- ENGNEERING-UTILITIES Property line ip36i 0 15 30 45 60 Note: All distances are in feet 11-2872 I Mar 2013 1-1 SCALE: 1" = 30' i,awc ,,,,,�.,,,®„,,,,,, 1.'1 2.68�m Zola In�'kr'