water tower joint use 7/12/1978KANSAS DEPARTMENT of TRANSPORTATION
V. U. TURNER, Secretary of Trenaportation
Mr. Dean Boyer
City Engineer
300 West Ash
Salina, Kansas 67401
ATTENTION: Don Hoff
Dear Mr. Boyer:
ROBERT F. BENNETT, Colmar
P. 0. Box 857
Salina, Kansas 67401
July 12, 1978
RE: 70-85 I 70-4 (12)
Water Tower
Joint Use of Right of Way
City of Salina
Saline County
This office has received the attached preliminary draft of
the proposed Joint use agreement which has the approval of the
Federal Highway Administration. The preliminary draft was pre-
pared by the Kansas Department of Transportation Urban Highways
Department in Topeka. Please note that the Urban Highways De-
partment set the east -west dimension of the tract at 75 feet;
this may be adjusted if the City wishes to do so.
The next step is for the City to review the agreement to
determine if it is satisfactory from your standpoint. Any ques-
tions or desired revisions should be submitted to this office.
The City will also need to submit a site plan -showing details
of the tower location on the tract, fencing, and location and
width of the entrance road onto Coachlight Avenue. Dimensions
of the tower should also be given including footing and pile
details, but specifications for pipe, valves and other internal
apparatus need not be shown. This plan, when approved, becomes
a part of the agreement.
If your office has questions on this transmittal, please
contact this office.
Very truly yours,
R. L. ANDERSON, P.E.
DISTRICT ENGINEER
81; E. ALBERT GRAHAM
EAG:pm OFFICE COORDINATOR
Att.
KANSAS INTERSTATE ROUTE NO. 70
PROJECT NO. 70-85 1 70-4 (-)
JOINT USE OF RIGHT OF WAY - WATER TOWER
CITY OF SALINA, KANSAS
AGREEMENT
Agreement No.
This agreement, made and entered into this day of
19_, by and between the Secretary of Transportation of the State o
Kansas, hereinafter called the Licensor, and the City of Salina, a
municipal corporation of the State of Kansas, hereinafter called the
Licensee.
R E C I T A L S:
WHEREAS, The Licensee desires to use a tract of land ti -at is part
and parcel of the state highway facility, referred to as a city con-
necting link and under the -jurisdiction of the City of Salina, Kansas,
for a water tower facility.
WHEREAS, Licensor, is willing to permit joint use of the right of
way providing such use does not impair the use and safety of the exist-
ing public roadway.
NOW, THEREFORE, in consideration of the premises the parties hereto
mutually agree as follows:
1. Licensor agrees to grant, license and empower, to the extent of
its interest therein, the Licensee the right and privilege tonuse
salina,
tract of land acquired for the construction of 1 70 highway
ater supply tower. Said privilege to
Saline County, Kansas, for a w
n the print hereto attached marked "Exhibit
extend to the location shown o
A" and specifically described as follows:
A tract of land in the east one half, of the southeast one
quarter of Section 35, Township 13 South, Range 3 West of the
Ge % 6th Principal Meridian described as follows: Being 75 feet
�C east and west and 120 feet north and south, the east side of
said tract being 140 feet west of the centerline of Ninth
Street, and southwest of Coachlight Avenue.
No.
2. The Licensee agrees to prepare or have prepared, any necessary
plans and specifications for the development of the area as a water
supply tower facility and upon approval by the Secretary and the Federal
Highway Administration, are by reference made a part of this agreement.
The Licensee further agrees that any revision in the design of the
development as originally approved for construction, or any change in
the authorized use of the right of way shall receive prior review and
approval by the Secretary and the Federal Highway Administration.
3. It is agreed that all costs of planning, construction and other
contingencies that may arise in connection therewith, shall be accom-
plished by and at the expense of the Licensee.
4. Disposition of income received from the authorized use of the
right of way shall be the City's responsibility and credit to the state
or federal interest shall not be required.
5. It is agreed that the authority to use the right of way shall
not be transferred, assigned or conveyed without the approval of the
Secretary and the Federal Highway Administration.
6. The Licensor may t
any time or any cause by giving Licensee a wrir*ea notice ofs ►+
into . The authority to use the right of way shall be revokable in
the event the facility ceases to be used or is*abandoned. The Licensee
agrees that if and when the facility ceases to be used all the instal-
lation will be removed by the Licensee.
7. Licensee agrees that the area will not be used to store any
material or used for purposes which would constitute a potential fire
hazard or any other hazard which would impair the use or safety of the
public roadway.
B. Licensee agrees to provide the necessary safeguards to protect
the public and the highway facility and further agrees that Licensee
will repair or replace any damages to the highway facility caused by
their use thereof, such repair or replacement to be made within a
reasonable time after written notice has been given them by the Secre-
tary,'.or in lieu thereof, at the election of Licensee, compensation can
be paid to the Secretary for the necessary expense for said repairs.
Licensee shall carry adequate insurance to cover its obligation under
this paragraph.
9. It Is mutually agreed that access to the'area shall be made
from Coachlight Avenue, and continuing maintenance of the entrance road
shall be the responsibility of the Licensee.
10. The Licensee covenants and agrees to indemnify and save harm-
less the Secretary from all claims,.causes of action, and liabilities
resulting from damages, injuries and deaths occurring as a result of
the grant of this license or as a result of the use thereof by the
Licensee.
parties11. All
of governmental immunity tassset rforth tinrK.S�A�o46c90)sand 46-902to the �trine
2 r
i
i
No.
12. Licensee agrees the Licensor reserves the right for themselves,
to enter upon said premises at any time to construct, inspect and main-
tain the right of way or for any highway purpose.
13. Licensor agrees that the Licensee may construct the Improve-
ments as shown on the plans in order that the said premises may be used
for the purposes hereinbefore stated. Licensee further agrees that the
area provided will be functional and orderly, that any screening measures
deemed necessary to improve the appearance of the area will be provided
along with proper maintenance of said right of way to insure a pleasing
appearance.
14, Licensee agrees that on -premises signs shall be restricted to
those indicating ownership or indicating direction and control of vehi-
cles. Installation of such signs shall be subject to regulation by the
Secretary, with respect to number, size, location and design.
15. Licensee agrees that as part of the consideration hereof, that
Licensee will use said premises in compliance with requirement imposed
pursuant to Title VI of the Civil Rights Act of 1964 and any amendment
thereto. (See Exhibit "B") In the event of breach of any of the above
nondiscrimination covenants, the Secretary shall have the right to ter-
minate the license and to re-enter and repossess said land and the
facilities thereon, and hold .the same as if said license had never been
made or issued.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
by their proper officers on the day and year first above written.
CITY OF SALINA, KANSAS
MAYOR
ATTEST:
CITY CLERK
(SEAL)
APPROVED:
0. D. Turner
Secretary of Transportation
of the State of Kansas
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