i-35 and i-70 parkROBERT B. DOCKING, Governor a
�Iite Highway Commission of Kansas {
JOHN D. MONTGOMERY, Director of Highways k�NSAs
R. L. PEYTON, State Highway Engineer
STATE OFFICE BUILDING
TOPEKA, KANSAS 66612
April 30, 1969
Honorable William W. Yost
Mayor
City Hall
Sth & Ash
Salina, Kansas 67401
Dear Sir:
ROBERT P. HAGEN
Lawmam. Kansas
BOB KENT
Salina. Kaman
HENRY SCHWALLER
Hays, Kansas
KARL A. BRUECK
Paola, Kansas
GALE MOSS
El Dorado, Kansas
LOUIS KAMPSCHROBDER
Garden City, Kansas
Enclosed is the original Grant of Easement for Public
Park and Recreation Purposes, dated April 21, 1969, executed
on behalf of the State Highway Commission and the City of
Salina relating to the borrow area on the south side of
Interstate Highway 70.
The Commission will keep in touch with the City regarding
progress of work in this borrow area and will notify the City
promptly when the Commission's use of the area has ceased and
it is ready to deliver possession to the City.
truly yours,
JOHN H. MORSE, Chief Attorney
State Highway Commission
JHM:fa
Enc.
cc: Mr. Robert A. Kent
State Highway Commissioner
Mr. John D. Montgomery
Director of Highways
Mr. John D. McNeal
State Highway Engineer
GRANT OF EASEMENT
FOR
PUBLIC PARK AND RECREATION PURPOSES
THIS AGREEMENT is made this 91 day of Ct,',6.c,l
1969, by and between the State Highway Commission of ansas, herein-
after designated "Commission" and the city of Salina, Kansas,herein-
after designated "City":
WHEREAS, the Commission has heretofore acquired the following
described real estate in Saline County, Kansas, to -wit:
The South Half (S 1/2) of the Southeast Quarter
(SE 1/4) of Section Thirty-three (33), Township
Thirteen (13), Range Three West (3W), of the
Sixth Principal Meridian,
for the purposes of construction and maintenance of its highways;
and intends to use that portion thereof lying south of the right
of way of interstate highway 70 for the purpose of removal of
borrow material for the further construction of highway US 81;
and the Commission has determined that upon completion of removal
of necessary borrow material the continued use of that portion of
said property lying south of the highway right of way will not
be necessary for the purposes of the Commission, except that the
scenic development thereof would enhance the appearance of its
highway and benefit travelers thereon, and continued public control
of such area would prevent unsightly or otherwise undesirable
uses of the area along side the highway; and
WHEREAS, it is proposed that the City undertake the scenic
development of the area and the maintenance thereof for public
park and recreation purposes and relieve the Commission of the
responsibility for maintaining such area.
NOW, THEREFORE IT IS HEREBY AGREED that the Commission grants
to the City the use of that portion of the above described real-
estate lying south of the Commission's right of way for interstate
highway 70 for the purpose of a public park and recreation area,
such grant being made upon the following terms and. conditions.
a] There will be no access between the park area and the
Interstate highway, unless otherwise specifically
authorized in writing by the Commission; and the Commission will
maintain an appropriate access control fence along its right of
way line.
b] The City shall not assume possession of the area for
park purposes or authorize entry of the public thereon
until the Commission has given the City written notice of termin-
ation of its use of the area for removal of borrow material.
c] From and after the commencement of the City's use of
such park area, the City agrees to hold the Commission
harmless against any loss or claim of loss, damage or injury
arising out of the use of the area by the City or the public.
d] The Commission reserves the right to enter upon the
portion of the area adjacent to its right of way for
the purpose of maintenance of its fence, its right of way,
drainage or other facilities appurtenant to the highway; but
will give advance notice to the City of any such entry as might
interfere with the public use of the area and will restore any
damage to the park area resulting from the Commission's maintenance
operations.
e] If the City ceases to use and maintain such area for
the purposes herein provided, this grant and easement
shall be subject to termination upon notice by either party;
and the City shall have a reasonable time thereafter in which
to remove any structures or fixtures which it may have upon the
premises.
IN WITNESS WHEREOF, the parties have executed this agreement
the date first above written.
THE STATE
OF
ATTEST:
By Assistant State Highway Director
Secretary
THE R OF ALINE, KANSAS
ATTEST:
Mayor
City Clerk