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Lot 101 on 5th Street and Lot 102 on 4th Street, Original Town of Salina (ends 07/24/2017) ,I IIIlilll IIII IUII III II I III IIIII IIIII IIIII IIII111111IIIII IIIII IIIII IIII II I III IIII IIII �..� REBECCA SEEMAN .REGISTER OF DEEDS SALINE COUNTY KANSAS ;.°`._ ,-)Book:1315 Page: 1940-1943 Receipt #: 105220 Recording Fee: $48.00 Pages Recorded: 4 CA)N Date Recorded: 8/8/2016 11:48:09 AM TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement is made this5day of , 2016, by and between AP PROPERTY HOLDINGS LLC, a Kansas limited liabih company, (the "Grantor") and the SALINA FIELD HOUSE QUALIFIED ACTIVE LOW-INCOME COMMUNITY BUSINESS, INC., a Kansas not-for-profit corporation (the "QALICB"): GRANT: The Grantor, for good and valuable consideration, hereby conveys to the QALICB, 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 QALICB, its employees, contractors, and authorized franchisees and licensees, for the purposes of constructing, installing, improving, and inspecting a multi-purpose field house facility, in the manner called for in the project plans. RESTORATION: After completion of construction, the QALICB shall restore the area of the Easement to preexisting condition or better. TERM: The Easement shall be for a term of one (1) year commencing July 25, 2016 and ending July 24, 2017. 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. 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. AP PROPERTY HOLD' GS LLC By: r James ! i son, President and Managing Member Book: 1315 Page: 1941 ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENT SALINA FIELD HOUSE QUALIFIED ACTIVE LOW-INCOME COMMUNITY BUSINESS, INC. By: _ 1 c Karl F. Ryan, President ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: Q This instrument was acknowledged before me on r7-2q- . , 2016 by James D. Wilson as President and Managing Member of AP Property Holdings LLC, a Kansas limited liability company. •••ii(i(jloeit My appointment expires: a BRENDA R. SMITH Notary Public-State of Kansas Notary Public My Appt. Expires I l-Zi)•.2 bit, r ? . Sri Printed name: •� �11 �� `-t-I, STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me onA(404+6), 2016, by Karl F. Ryan as President of the SALINA FIELD HOUSE QUAN% IED ACTIVE LOW-INCOME COMMUNITY BUSINESS, INC., a Kansas not-for-profit corporation. My appointment expires: 10— g-wig // - / I ///A Adam/ ! CYNTHIA S. WOLFF Notary Pi Ilie i P' Notary Public-State of Kansas Printed name: i I i MyAppt.Expires 10-8-4o►R [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- Book: 1315 Page: 1942 EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT 1/ A TRACT OF LAND LOCATED IN PART OF LOT 101 ON 5TH STREET AND LOT 102 ON 4TH STREET''AND THE ABUTTING VACATED ALLEY, ALL IN THE ORIGINAL TOWN OF SALINA, SAL/NE COUNTY, KANSAS AND MORE PART/CULARL Y DESCRIBED AS FOLLOWS: BEG INNING AT THE NORTHWEST CORNER OF SAID LOT 101; THENCE ON AN ASSUMED BEARING OF SOUTH 89' 48' 51" EAST ON THE NORTH LINE OF SAID LOT 101 AND LOT 102, A DISTANCE OF 24758 FEET TO THE WEST LINE OF THE RAILROAD RIGHT-OF-WAY; THENCE SOUTH 14' 52' 26" WEST ON SAID WEST LINE, A DISTANCE OF 23. 78 FEET; THENCE NORTH 89' 48' 51" WEST, A DISTANCE OF 241.50 FEET TO THE WEST LINE OF SAID LOT 101; THENCE NORTH 00' 03' 18" EAST, A DISTANCE OF 23.00 FEET TO THE POINT OF BEG INNING. SAID TRACT CONTAINS 5625 SQUARE FEET MORE OR LESS. CITY OF SAUNA, 300 W ASH, SAUNA, KANSAS PUBLIC WORKS - ENGINEERING- UTIUTIES Exhibit A Temporary Construction Easement ww.n wm SW Jul 2016 nauu a7I-w m as-- jam' Book: 1315 Page: 1943 EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT r L . ; , ...., , (1.) • ,--.,-7 "") --, • • ; rTh 7- ,--1,----) (1.) C.), ,' ...., ,... , 1 LI f Lio L .. . i f• I ' ' I (1) Point of Beginning „ .c ..c — 4-, .1....r NorthwestCornerOf L ot 101 et- LI) Public Utility Easement (Book: 1280, Page LOT ,---)0 /490 i LOT T irin / : , i I i 144 - . / 589'48'511r 247.58 / A Temporary Construction Easement t\ i o fri 562:5Sqft /_,,,7.. .r. N ise3‘ _ , O ,-i i i , , i e i i • I o — ' N89•4$'6,1"w 241.SOL'1 / 7 v.. co, Private Utility Easement To R0,LL0 (Book: 1278, Page 791) :—. 1:-... I N. ,; i'm 7- 1[1 7 / r)T 1,r)/1 1 U : / (_%,_,/ :_Li ; ; Li-7- I cl-1 i 6 ! — — 1 i 1 0 r IP 1 I--:- I , i 1 , r 4, .79 ,._ 1 CD I ,•-_,, ---, -:-., (.) 1 ,-s. 4 ,•-• - 0 / 0 T 7 c;,,' I,_, • I-9. , , , , ,, -; ,._ , L., . ,... ',-,-- 0•_.-- . —11— :. , 1.-. I _ East Iron Avenue • CITY OF SAL/NA, 300 W ASH, SAUNA, KANSAS • PUBLIC WORKS - ENGINEERING- UI7U17ES 0 25 50 75 100 Exhibit B ■ill ■•■• .1.m. .... Temporary Construction Easement SCALE: 1" .., 50' WV MO alt' Jul 2016 ..... am ■ e RECORDED AT FILERS REQUEST (ctrijsz) xas-ss., e.,