Untitled (5) REBECCA SEEMAN
t LISTER OF DEEDS SALINE COUNTY KANSAS
i:;.-0, • :Book: 1256 Page:
Pa
e: 1327-1328
i' ReceP t 4;''''';' Pages Recorded: 2 Recording
Fee: 812.00
g Dean 4ao•`,
Date Recorded: 11/21/2012 3:3100 PM
NOTICE REGARDING ACCESS GATE LOCATED
ON CITY OF SALINA FLOOD CONTROL RIGHT-OF-WAY
LEGAL DESCRIPTION: This Notice relates to the real estate located in the City of Salina,
Saline County, Kansas described on the attached and incorporated Exhibit A (the "Real Estate").
TO: All persons with a current or future interest in the Real Estate:
The City of Salina, Kansas (the "City") has been notified by inspectors representing the
United States Army Corps of Engineers (the "Corps") that the steel gate supported by wooden
posts installed by the current owner of the Real Estate in the adjoining City flood control right-
of-way (the "Gate") encroaches upon the slope of the adjoining flood control levee and,
therefore, must promptly be removed. The City states its willingness to remove the steel gate
and wooden support posts from their current location and to seek Corps' approval of the
relocation by the City of the steel gate to the location within the City's flood control right-of-
way, but not encroaching upon the slope of the flood control levee, described as follows:
The South 30.00 feet of the Flood Control Right-of-Way that abuts Lot 1, Block 1, SSB Addition to the
City of Salina, Saline County, Kansas (the "Approved Gate Location").
The City shall complete the process necessary to pursue Corps' approval of the new location.
Contingent upon Corps approval of reinstallation of the Gate in the Approved Gate Location, the
City agrees to relocate the existing steel gate by installing, at the City's expense, steel support
posts at the Approved Gate Location (the "Relocated Gate"). For the reason that the Approved
Gate Location is located upon City flood control right-of-way, the City must, and therefore
does, retain the right to remove the Relocated Gate, if removal of the Relocated Gate is
determined by the City to be required in the public interest. If, after the City diligently pursues
Corps' approval of the Approved Gate Location, permission to relocate the Gate to the Approved
Gate location is refused by the Corps, it will be necessary for the Gate to be removed from its
current location without relocation on the City's flood control right-of-way.
Dated: November 21, 2012 PCTA 4�
Dan Stack, City Engineer
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on November 21, 2012, by Dan Stack as
City Engineer of the City of Salina, Kansas. a r ,7
O
NOTARY PUBLIC-State of Kansas Notary Public
0_ Melissa L. Rose
My Appt.Expires124343
Book : 1256 Page : 1328
EXHIBIT "A"
All that part of the Southwest Quartfr�r of the Northwest Quarter and
the Northwest Quarter of the Southw€st Quarter of SEction Fourteen
(14), Township Fourteen (14) South, Range Three (3) West of the
6th P.N., described as follows% Commencing at a point 165 feet
North of the Northwest corner of the Southwest Quarter of Section
14, thence running South along the West line of said section to
the Southwest corner of the North Half of the Southwest Quarter
of said Section 14; thence East along the South line of said
North Half of the Southwest Quarter of said Section 14, 100 feet;
thence North parallel with .West line of Said quarter section 638
feet to the center of the channel of Dry Creek; thence following
the center of the channel of said Dry Creek South 681 degrees
East 203 feet: thence South 28 degrees East 259 feet; thence
South 741 degrees East 65 feet; thence North 29 degrees east 279
feet, thence North 2 degrees West 125 feet; thence North 84
legrees West 6O feet; thence North 2 3/4 degrees East 160 feet,
thence North 591 degrees East,209 feet; thence North 1811 degrees
West 210 feet: thence North 51 degrees west 160 feet; thence
North 2 degrees East 180 feet to point 165 feet due North from
North line of said Southwest Quarter of Section 14; thence West
parallel with North line of said Southwest Quarter 735 feet to
the place of beginning, containing 14.77 acres more or less.
(except the following described tract, commencing at the South-
_ west corner of North Half of Southwest Quarter of raid Section
14, running thence North on West line of said section 14, to the
center of channel built by the State Highway; thence East down
Said channel 100 feet; thence south to the South line of said
North Half of the Southwest Quarter, thence West 100 feet to the
place of beginning.) Also the following described real estate,
to-wit; That portion of the Southwest Quarter of Section 14,
Township 14 South, Range 3 West of the 6th P.M. commencing 100
feet East of the West line of the North Half of Southwest Quarter
of Section 14, Township 14 South, Range 3 Seat of the 6th P.N. in
the center of the New Dry Creek channel, running thence North
parallel with west line of said Section 14, to the center of the
Old Dry Creek Channel, thence Southeasterly down the center of
the said Old Dry Creek Channel to the center of the New Dry Creek
Channel, thence up the New Channel in a westerly direction to the
place of beginning of said tract of land being and lying north of
the New Dry Creek Channel and South and West of the Old Dry Creek
Channel, all in Saline County, Kansas, and the tract bounded by the
new channel of Dry Creek on the south, by the old channel of Dry
Creek on the east and north and by the west line of Section 14 on
the west and all real estate owned by L. J. Briscoe et al in this
area less any land taken by lawful condemnation by the City of
Salina Case No. 22018 for flood control purposes and less any
real estate lying south of the neat channel of Dry Creek.
-Tract
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