Grant Right-of-Way (Flood Levee),» •,, REBECCA SEEMAN
■ ;, X".". -•°p;"` EGISTER OF DEEDS SALINE COUNTY KANSAS
• $IsTrq'•.=� Book: 1184 Page: 1163
Receipt e: 53066e Records •ing-Fee: {28-00�
Pa ae Recorded: 6
C''hti;�•a °
Date Recorded: 1/6/2009 914:48 AM
Grantor
Grantee
Type of Document
Recording Fees
Mtg Reg Tax
Total Amount
Return Address
Grant Of Right-of-way
$28.00
$0.00
$28.00
RM 206 - CINDY
IL
WR# A11248
GRANT OF RIGHT OF WAY
Book; 1184 Page. 1164
NW/4 24-T15S-R3W
Grantor: City of Salina
For and in consideration of the sum of One Dollar ($1.00) and other valuable
consideration, the receipt of which is hereby acknowledged, the undersigned Grantor(s),
hereinafter referred to as Grantor, does hereby grant, convey and warrant unto WESTAR
ENERGY, INC., a Kansas corporation, (Grantee), its successors, assigns, and lessees, the right
and easement to erect, install, alter, reconstruct, operate, and maintain under varying conditions
of operation, renew, replace, relocate, and remove electric and communication transmission and
distribution lines, the wood and steel poles and towers, anchors, guys, crossarms, insulators,
conductors, underground conduit, ducts, cables, and other equipment appurtenant thereto for the
transmission and distribution of electric energy and communications in, along, under, across, and
over certain lands owned by Grantor situated in SALINE County, State of KANSAS, and
described as follows:
A strip of land across a tract in the Northwest Quarter (NW/4) of Section 24,
Township 15 South, Range 3 West of the 6th P.M., Saline County, Kansas, more
particularly described on Exhibit "A," attached hereto and made a part hereof by
reference;
together with the right of ingress to and egress from the above described land and contiguous
land owned by Grantor for the purpose of surveying, erecting, constructing, maintaining,
inspecting, rebuilding, replacing and repairing Grantee's lines which shall be located upon the
land specifically described above.
Grantee shall have the further rights to erect, maintain and use gates in all fences which
cross or which shall hereafter cross the route of said lines together with the right to trim, remove,
eradicate, cut and clear away any trees, limbs and brush on above described land now or at any
future time. Grantee shall have the further right to trim and clear away any trees, limbs, and
brush on lands adjacent to above described right of way whenever in its judgment such will
interfere with or endanger the construction, operation or maintenance of said lines. Grantee shall
at its election have the right to remove said trees, limbs, and brush by bulldozing. All logs, limbs
and brush shall be burned or removed by the Grantee unless otherwise agreed to by Grantor. In
exercising its right of ingress and egress the Grantee shall, whenever practicable, use existing
roads or lanes, and shall repair any damage caused by its use thereof.
Grantee acknowledges that a flood control project constructed by the United States Army
Corps of Engineers is located on the above described property (the "levee"). Grantor is the local
sponsor responsible for controlling all construction which occurs within the critical area of the
levee pursuant to Army Corps of Engineers guidance for work proposed near or within a
federally constructed flood control project. Grantee shall comply with required construction and
maintenance conditions as specified by the Army Corps of Engineers relative to the levee on the
03 -EC -1
RES Proj. No. 07-149
SA -46A
t'
WR# Al 1248
Book; 1184 Page: 1165
NW/4 24-T15S-R3
Grantor: City of Salina
above described property, including, but not limited to, obtaining written preapproval by the
Grantor/local sponsor of any construction by or at the direction of the Grantee to occur within the
critical area of the levee. Grantor/local sponsor's preapproval of such construction shall not be
unreasonably withheld and shall be consistent with the Army Corps of Engineers engineering
review.
The Grantor, his heirs or assigns, may cultivate, use and enjoy the land above described,
provided such use shall not in the judgment of Grantee, interfere with or endanger ,the
construction, operation or maintenance of said lines, and provided further that no improvements
or buildings shall be constructed on the said right of way without the prior written consent of the
Grantee.
Grantee shall repair any physical damage to property of Grantor, or pay any substantial
damages on account of physical injury to property of Grantor by the erection, installation,
reconstruction, operation; and maintenance under varying conditions of operation, renewal, and
removal of said lines, said damages, if not mutually agreed upon, shall be ascertained by three
disinterested persons, one of whom shall be selected by each, Grantor and Grantee, their heirs or
successors, assigns or lessees, and the third by the two so selected. The damages determined by
such persons, or a majority of them, shall be conclusive as to the facts.
This grant shall be binding upon the heirs, successors and assigns of the undersigned.
WITNESS the hand of the Grantor this Olsday of December, 2008.
City of Salina
B:
01 -t )--i --
Joh 4
K. Vanier II, Mayor
ATTEST:
Bv: qwt$��Ojkl—y
Lieu Ann Elsey, CMC, Cio Clerk
03 -EC -1
RES Proj. No. 07-149
SA -46A
WR# A11248
STATE OF KANSAS
COUNTY OF SALINE
Book: 1 184 Pie: 1 166
NW/4 24-T15S-R
Grantor: City of Salina
MUNICIPAL ACKNOWLEDGMENT
SS:
On this day of December, 2008, before me, a Notary Public in and for said County
and State aforesaid, personally appeared John K. Vanier II and Lieu Ann Elsey, to me personally
known, being by me duly sworn, did say that the said John K. Vanier II is the Mayor, and said
Lieu Ann Elsey is the City Clerk of the Municipality that executed the foregoing instrument, and
that the seal affixed to the foregoing instrument is the seal of said Municipality, and that said
instrument was signed, sealed and delivered in the name and on behalf of said Municipality by
authority of its Governing Body and they acknowledge said instrument to be the free and
voluntary act and deed of said Municipality.
WITNESS my hand and seal the day and year last above written.
SHANDI L. WICKS
Notary Public - State of ka sah
MyAppt. Expires Tr
My appointment expires:
03 -EC -1
RES Proj. No. 07-149
SA -46A
7
- i;lroe � _
Notary Public
Book: 1184 Page: 1167
ALLIED LABORATORIES
Department of Professional Engineering Consultants, P. A.
December 10, 2008
WESTAR ENERGY
345.19 RENO TO SUMMIT
EASEMENT DESCRIPTION
TRACT NO. SA -46A
OWNER: CITY OF SALINA
A Westar Energy transmission line easement within the NW 1/4 of Section 24,
Township 15 South, Range 3 West of the 6th P.M., Saline County, Kansas
described as:
Commencing at the Northeast corner of the NW 1/4, Section 24, Township 15,
South, Range 3 West; thence bearing S00029'20"E, along the East line of said
NW 1/4, a distance of 1660.00 feet; thence bearing S89015'26"W, a distance of
391.51 feet to the Point of Beginning of the Westar Energy Easement; thence
bearing S00°00'07"W, a distance of 7.69 feet; thence bearing S29°36'09"E, a
distance of 315.30 feet; thence bearing S88'11 1'21'W, a distance of 169.56 feet;
thence bearing N29°36'09"W, a distance of 275.88 feet; thence bearing
N00°00'07"E, a distance of 45.38 feet; thence bearing N89015'26"E, a distance of
150.01 feet to the Point of Beginning.
Prepared by:
James R. Beckett L.S. #832
Professional Engineering Consultants, P.A.
303 S. Topeka
Wichita, KS 67202
PEC Proj. No. 05735-008
FORWARD ALL MAIL TO
CONSTRUCTIOWSURVEY/GEOTECHNICAL
ALLIED LABORATORIES
DIVISIONS LOCATED AT
303 SOUTH TOPEKA
350 SOUTH WASHINGTON
WICHITA, KANSAS 67202
WICHITA, KANSAS 67202
(316) 262-6457
E-MAIL: Allied@PEC1.com
FAX NO. (316) 262-6592
= SECTION LINE
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LEGEND 0 400
= EASEMENT
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PROJ. N0. 07-149
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SALINE
CITY OF SALINA
SA -46A
DATE: SEPT. 12, 2008
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