Grant Right-of-Way (Flood Levee) (2)REBECCA SEEMAN 1
4' �`';+..... •...�y iEGISTER OF DEEDS SALINE COUNTY KANSAS
«���•'°�` Book: 1184 Page: 1157
• i•., o e e n 8. Receipt •: 53065 Recording Fes. 128.00
Pages Recorded: 6 N , j
Date Recorded: 1/6/2009 9:14:47 AM
Grantor
Grantee
Type of Document
Grant Of Right-of-way
Recording Fees
$28.00
Mtg Reg Tax
$0.00
Total Amount
$28.00
Return Address RM 206 - CINDY
.41 • WR# Al 1248
GRANT OF RIGHT OF WAY
Book: 1184 Page: 1158
SW/4 14-T 15S -R3 W
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 Southwest Quarter (SW/4) of Section 14,
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; S
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 -44A
Book: 1184 Rafe: 1159
WR# Al 1248 SWA 14-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 f ZY day of December, 2008.
City of Salina
Bv: 0
John K. Vanier II, Mayor
ATTEST -
By:
Lieu Ann Elsey, CMC, tity Clerk
03 -EC -1
RES Proj. No. 07-149
SA -44A
I
Book: 1184 Aare: 1160
WR# A11248 SWA 14-T15S-R3
Grantor: City of Salina
MUNICIPAL ACKNOWLEDGMENT
STATE OF KANSAS )
SS:
COUNTY OF SALINE )
On this IF,)Wday 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 Kansas
MyAppt. Expires
My appointment expires:
4129'2n12
03 -EC -1
RES Proi. No. 07-149
SA -44A
Notary Public
'r
ALLIED LABORATORIES
Department of Professional Engineering Consultants, P. A.
December 10, 2008
WESTAR ENERGY
345.19 RENO TO SUMMIT
EASEMENT DESCRIPTION
TRACT NO. SA -44A
OWNER: CITY OF SALINA
Book: 1184
Page: 1161
A Westar Energy transmission line easement within the SW 1/4 of Section 14,
Township 15 South, Range 3 West of the 6th P.M., Saline County, Kansas
described as:
Commencing at the Northwest corner of the SW 1/4, Section 14, Township 15,
South, Range 3 West; thence bearing S00°14'10"W, along the West line of said
SW 1/4, a distance of 1038.33 feet; thence bearing S86059'59"E, a distance of
297.07 feet to the Point of Beginning of the Westar Energy Easement; thence
continuing bearing S86059'59"E, a distance of 644.71 feet; thence bearing
S46037'00"E, a distance of 231.52 feet; thence bearing N86059'59"W, a distance
of 513.52 feet; thence bearing N50059'57"W, a distance of 143.23 feet; thence
bearing S46031'36"W, a distance of 116.11 feet; thence bearing N86059'59"W, a
distance of 204.32 feet; thence bearing N45042'07"E, a distance of 186.60 feet;
thence bearing N66013'54"W, a distance of 36.30 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
CONSTRUCTION/SURVEY/GEOTECHNICAL
ALLIED LABORATORIES
DIVISIONS LOCATED AT
303 SOUTH TOPEKA
350 SOUTH WASHINGTON
WICHITA, KANSAS 67202
WICHITA, KANSAS 67202
(316) 262-6457
E-MAIL: Allied(PPEC1.com
FAX NO. (316) 262-6592
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consultants, P.A.
03 S. TOPEKA • WICHITA, KANSAS 6720 COUNTY _OWNER _
16-262-2691 ■ FAX 316-262-3003
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Engineering TRANSMISSION LINE PHASE 2
consultants, P.A.
03 S. TOPEKA • WICHITA, KANSAS 6720 COUNTY _OWNER _
16-262-2691 ■ FAX 316-262-3003
fww. ec 1.com SALINE CITY OF SALINA
--SMOLAN
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TRACT. NO. IPROJ. NO. 07-149
SA -44A I DATE: SEPT. 12, 2008