Encroachment AgreementENCROACHMENT AGREEMENT
DATED OCTOBER 19, 2009
REBECCA SEEMAN
i.,iEGISTER OF DEEDS SALINE COUNTY KANSAS
Book: 1208 Page: 1787
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Date Recorded: 3/18/2010 103:21 AM
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ENCROACHMENT AGREEMENT
DATED OCTOBER 19, 2009
REBECCA SEEMAN
i.,iEGISTER OF DEEDS SALINE COUNTY KANSAS
Book: 1208 Page: 1787
I E E E D E Pag:,s ecarrded:11 GN N{ ,�, � ecord a .19B.0
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Date Recorded: 3/18/2010 103:21 AM
Book: 1208 Page: 1788
*e�star Energy.
October 19, 2009
Jason A. Gage
City Manager
City of Salina, Kansas
300 West Ash Street, Room 202
P.O. Box 736
Salina, Kansas 67402-0736
Re: Westar Smoky Hill Substation 210 W. Schilling Road, on part of Lot 3, Block 3, Matlock -
Johnson Addition to the City of Salina, Kansas
Dear Mr. Gage:
As you requested, Westar Energy, Inc., (Westar) has inspected the Schilling Road Plan, 06-1579
dated 7/2/2009, which is attached hereto as "Exhibit A" and incorporated by reference, as part of
the South Ninth Improvement Project and the Right of Way Acquisition Maps for the tracts
5-,"Vmeu by tI7L Dayton Hudson Corporation (DHC'. Soiiie of the Improvements ori c; -lis pl&r
encroach on Westar's electric easements which are identified as follows:
• Westar has overhead and underground electric lines located in its right of way across the
DHC property from the Southwest corner and running north -northeasterly. The original
Right of Way Easement dated May 26, 1930 and recorded in Book 8 at Page 364 was
assigned from The United Power & light Corporation to The Kansas Power and Light
Company by an Assignment November 22, 1935 and recorded in Book 17 at Page 396-
398 at the Saline County Register of Deeds Office.
• Westar also has overhead and underground electric lines located in its right of way along
the'south half of the Southwest Quarter of Section 36, Township 14 South, Range 3 West
of the 6a' PM. The Grant of Right of Way is dated February 16, 1957 and recorded in
Book 65 at Page 438.
• Westar has an electric substation with overhead and underground electric lines located
inside and outside the substation fence in its right of way northeast of the intersection of
S. Ninth Street and Schilling Road. The Grant of Right of Way is dated November 10,
1955 and recorded in Book 63 at Page 462-463.
Westar's transmission, distribution and substation engineering departments have identified and
resolved Westar's concerns about this construction. Based on the information I have received
818 S Kansas Ave / PO Boz 889 / Topeka, Kansas 66601.0889
Boo{: 1208 Page: 1789
from all parties, Westar hereby consents to the encroachment identified on the above cited
Schilling Road Plan (Exhibit A) subject to the following conditions:
1. Easement. A proper right-of-way deed has been acquired by the City from the owner of the
property affected and is attached hereto as "Exhibit B" and incorporated by reference.
2. Clearances. All facilities installed must be at least 10 feet from Westar's overhead
distribution electric lines and 17 feet from Westar's overhead electric transmission lines. Any
material storage must be at least 10 feet from the electric lines. The substation ground mat
extends underground from the substation fence outward 2 to 4 feet, any damage to the ground
mat will be repaired by Westar Energy and shall be paid for by the City or its contractor at an
amount mutually agreed to by both Westar and the City prior to said repairs.
3. Adjustments.
a. If adjustment, relocation, or restraint of either poles, overhead or underground lines
are required by the City, the cost of such work will be paid by the City or its contractor at an
amount mutually agreed to by both Westar and the City prior to said construction. The City will
contact Westar at least 72 hours prior to construction. The City will coordinate this work with
Greg Jackson, Westar Salina, (785) 822-3560.
b. The only entrance driveway to the substation will be shortened by the South Ninth
Improvement project. The City agrees to rebuild the street cut and driveway with sufficient curb
radius for Westar's trucks to safely enter and exit the substation. The substation fence will be
adjusted--to-accommodate parking one (1) Westar truck between the curb and the substation gate.
The adjustments to Westar's fence will be constructed by a Westar approved contractor and paid
for by the City. Prior to any modification or adjustment to the fence by the Westar approved
contractor, the parties will negotiate and agree upon the cost to be paid by the City.
4. Power line safety. All parties involved in the construction must comply with the Kansas
Overhead Power Line Accident Prevention Act, at KSA 66-1709 et seq., as amended to the
extent the Act applies to your work hereunder.
CAUTION: THERE ARE UNDERGROUND LINES IN WESTAR'S EASEMENT
BOTH INSIDE AND OUTSIDE THE SUBSTATION FENCE
5. Indemnification. The City of Salina hereby agrees to assume all risk and liability for
accidents and damages that may occur to persons or property on account of any City work or
activities conducted on or near Westar Energy's' easement or facilities, whether conducted by
City staff, its agents, employees, contractors or subcontractors or other persons hired by or under
City control. The City further agrees to indemnify, hold harmless and defend (including costs
and attorney fees) Westar Energy, Inc., from any and all costs, liabilities, expenses, suits,
judgments, injuries or damages to persons or property, or claims of any nature whatsoever
arising out of or relating to this Consent or the work or activities contemplated herein, if caused
by the City, its agents, employees, contractors, or subcontractors, or other persons hired by or
under its control.
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Westar hereby agrees to assume all risk and liability for accidents and damages that may occur to
persons or property on account of any work or activities conducted by Westar on or near Westar
Energy's' easement or facilities, whether conducted by Westar, its agents, employees, contractors
or subcontractors or other persons hired by or under Westar's control. Westar further agrees to
indemnify, hold harmless and defend (including costs and attorney fees) the City, from any and
all costs, liabilities, expenses, suits, judgments, injuries or damages to persons or property, or
claims of any nature whatsoever arising out of or relating to this Consent or the work or activities
contemplated herein, if caused by Westar, its agents, employees, contractors, or subcontractors,
or other persons hired by or under its control.
6. Nonassignable. Westar's rights under this Agreement shall not be assigned without the prior
written consent of the City. This agreement may not be assigned by the City.
7. Binding Effect. The terms of this Agreement shall be binding upon and inure to the benefit
of the heirs, executors, administrators, successors, and authorized assigns of the parties hereto.
All other rights in the easement are hereby specifically reaffirmed, including the right to prevent
future encroachments. This letter does not apply to any other Westar easement.
Please indicate the City's acceptance of and agreement to be bound by the conditions outlined in
this Consent, by signing in the manner provided below, and returning one signed original copy of
this Consent to me. This agreement amends and replaces the agreement dated May 5, 2009 and
will be filed with the Saline County Register of Deeds upon execution. If you need anything
farther-orrthis matter; please feel free to contact me.
Sincerely,
rl�
Dena Prentiss, SR/WA
Manager, Real Estate Services
AGREED TO AND ACCEPTED By Owner this fl* day of / k" , 20A9':#
City of Salina Kansas
By:
Name: Zon A. Gage
Title: City Manager, City of Salina, Kansas
Phone: (785) 309-5700
Book: 1208 Page:
NOTARY ACKNOWLEDGEMENT
STATE OF
ss:
COUNTY OF )
/a SG -
Be it remembered, that on this 3 day of (Y)DA 2001, before me, the
undersigned, a Notary Public in and for County and State aforesaid, came Dena Prentiss,
SR/WA, Manager, Real Estate Services for Westar Energy, who is the same person who
executed the within Encroachment Agreement dated October 19, 2009, and acknowledged to me
that she executed the same for the purposes therein stated, and had authority to execute the same.
In witness whereof, I have hereunto set my hand and affixed my official seal, the day and
year last above written.
Notary Public
My commission expires: / O 'l a -I O
VNDIW-80d9U.M
Nebda
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Camn� o -i�.-
NOTARY ACKNOWLEDGEMENT
STATE OF KANSAS )
) ss:
COUNTY OF SALINE )
M
Be it remembered, that on this 17t'Aday of MArck 204 ebefore me, the
undersigned, a Notary Public in and for County and State aforesaid, came Jason A. Gage, City
Manager, City of Salina, Kansas, who is the same person who executed the within Encroachment
Agreement dated October 19, 2009, and acknowledged to me that he executed the same for the
purposes therein stated, and had authority to execute the same.
In witness whereof, I have hereunto set my hand and affixed my official seal, the day and
year last above written.
Notary Public
My commission expires: ol-0-13
NOTARY PUBLIC - $to of Kansas
Melissa L. Rose
1791
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