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Surveyors Plat G, Lot 3 (ends 5/3/2017) REBECCA SEEMAN ...... OF DEEDS SALINE COUNTY KANSAS ?. or• L)j Book: 1296 Page: 585-588 Receipt x: 102115 Recording Fee: $36.00 g le eram Qrr,»uz,�1 ,,�y 8•:� Pages Recorded: 9 Date Recorded: 5/15/2015 3:23:31 PM TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement is made this 16 day of April , 2015, by and between TAGGART PROPERTIES, 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 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, reconstructing, and inspecting the Ohio Street Improvements, Elm Street to North Street, City Project No. 14- 3039 (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 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 4, 2015 and ending May 3, 2016; provided, however, that from May 4, 2016 through May 3, 2017, 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. 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. IN WITNESS WHEREOF, the Grantor has executed this Temporary Construction Easement effective as of the day and year written above. Book: 1296 Page: 586 TAGGART PROPERTIES, LLC By: . r.% L y: Frank G. Taggart, :king Member ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT CITY OF SALINA, KANSAS By: if' 4 . 14— ason A. Gage, City Manager ATTEST: Shan i Wicks, CMC, City Clerk ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on A r; I 16, 2015 by Frank G. Taggart as Managing Member of TAGGART PROPERTIES, LLC., a Kansas limited liability company. My appointment expires: BRENDA K.LINTON I �� �.•�o�• NOTARY PUBLIC Brenda K. Linton Notary Public STATE OF KANSAS �aa { MY APPT. EXPIRES JO "f-_O II,� STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on April .2 1, 2015, by Jason A. Gage as City Manager and Shandi Wicks, CMC, as City/Clerk of the CITY OF SALINA, KANSAS, a municipal corporation. My appointment expires: )0 4-o/0 • CYNTHIA S. WOLFF 11 .Ii�i. . �l ►.r,�._ Notary Publi -State of Kansas Cynt 1. S. Wolff otary Public / s My Appt.Expires 0—��p [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- Book: 1296 Page: 587 Exhibit A Parcel 6 Tract 2 — Temporary Easement Owner. Taggart Properties, LLC A tract of land located in the Lot 3, Surveyor's Plot G, City of Salina, Saline County, Kansas, and more particularly described as follows: Commencing of the East Quarter Corner of Section 12 Township 14 South, Range 3 West of the 6th P.M.; thence on an assumed bearing of South 0' 11' 26" West on the East line of said Section 12, a distance of 533.96 feet to the Northeast comer of the Tract described in Saline County Register of Deeds Book: 1212 Page: 1172; thence North 89' 48' 34' West on the North line of said described Tract, a distance of 43.00 feet to the Point of Beginning; thence North 89' 48' 34" West on the North line of said described Tract, a distance of 2.00 feet; thence South 00' 11' 26" West, a distance of 4Z40 feet; thence North 89' 48' 34' West, a distance of 10.00 feet; thence South 00' 11' 26" West, a distance of 52.43 feet to the south line of said described Tract; thence South 89' 48' 34" East on said south line, a distance of 12.00 feet; thence North 00' 11' 26' East, o distance of 99.84 feet to the Point of Beginning. Said Tract Contains 724 square feet. an'OF SAUNA, 300 W ASH, SAUNA KANSAS PUBLIC WORKS- ENGINEERING-U1ILIRES Exhibit A Parcel 6, Trod 2, Temporary Easement pia me 5122 2014-437 Jon 2015 1-2 Jr • Book: 1296 Page : 588 Exhibit B Parcel 6 Owner. Taggart Properties, LLC ii— I I I Pain of Commencement East 1,/4 Corner, Section 12, Township 1, louth, Range 3 West I Vic, I o)n I Northeast corner of tract described !ll n Book: . 1212, Poge. 1172 N Point of Beginning Tract 4 0 Point of Beginning Tract i N89'48'34°W 43.00 . 0 N89 N8948'3411/ ; 48'34°W 40 31 200 S89 48'34 E oar 2.69 Existing Right 3 , 1 of Way Line N E V i Parcel 6 Tract 1 — Permanent Easement 280 Square Feet 0 WN89'4834°W 10.00 CC Parcel 6�L;�/l ry I— Tract 2 — Temporary Easement / / 6 �l Tr ti O 724 Square Feet / co,il ct lb (.1)1 / ill I /1 5894834E / N8948'34°W 12.00 / ,.r 2.92 North line of the South 100 feet of Lot 3 0 10 20 30 40 SCALE' 1° a 20' I I CITY OF SAUNA 300 W ASH, SAUNA, KANSAS PUBLIC KIRKS-ENGINEERING-UNUTIES Exhibit B Pared 6 MO.* AM Imr Jr., 2015 2-2 Here n.more.• In