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SW4-S14-T15S-R3W (SA-46A) Grant of Right-of-Way sN $4'A - 2 . V L a2oeo 44B4fo . 5/4 -46..¢ - /. // acs . Rove = .P 12z0. Westar RIGHT OF WAY SETTLEMENT Energy. Date VA- 16 V Agent LZ.44.;t-U //LI:a"t Phone Number 47/7-229 -O5;251 The Owner has agreed to the sum of$ 2 060- oo from WESTAR ENERGY in full settlement and consideration for a fully executed Grant of Right of Way for construction of an electric power line on and across the premises described generally as: Qtr Section Section Township Range County l� 54-444 - Szejzi. /fri /5 S 3 a) r pg��ce tit t 5,4--1,16 9 - 4/W/'/ J2,h /CS 3 GJ Project # 07-A11 Tract # SA-WA- d-Z jA - `lG4 Tax Reporting (Real Estate transactions of$600 or more are reported on IRS form 1099s): SS #(individuals) _4L1- - Tax ID# (trusts, partnerships, corporations)agniztle rs gnature Phone NumberC7g021,4-LI-289 Special Request: 1. � tn 2. e..472.4.0 d�� . . 3. t , ( � Gam �' - dLt.,..- Larttefry..-4) Art , di; dafrA..a- .440 e Scizee&cit, fist f • cs° , ) Address .300 111, a-aJ Q7310 City, State, Zip iE i�- (a 7$0-2 Ple : 77S- 309-5725 San, c .KosatZi , . or3 Arm BA CC Acct Loc Actv WA Project WR UC 02-RWS-i •-- REBECCA SEEMAN • i+;---`..e;NREGISTER OF DEEDS SALINE COUNTY KANSAS ''•• °' `: Book: 11B4 Page: 1157 ; I o.s j ' Receipt •: 53065 Recording Fa: 128.00 •',.e ei Page Recorded: 6 c blown i ternani) Date Recorded: 1/6/2009 9:1417 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 Book : 1184 Page : 1158 WRii A11248 SSV/4 14-T 15 S-R3 W Grantor: City of Salina GRANT OF RIGHT OF WAY For and in consideration of the sum of One Dollar (51.00) 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; 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 Paseo 1159 WR#A11248 SW/4 14-TISS-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 (54a-day of December, 2008. City of Salina By: ohn K. Vanier II, Mayor ATTEST. By: (444.1-1-' (f)414/7 Lieu Ann Elsey, CMC, City Clerk 03-EC-1 RES Proj.No.07-149 SA-44A Book: 1184 Pane : 1160 • WR#A11248 SW/414-TI5S-R3W • Grantor: City of Salina MUNICIPAL ACKNOWLEDGMENT STATE OF KANSAS ) ) SS: COUNTY OF SALINE On this I Skbday of December, 2008, before me, a Notary Public in and for said County and State aforesaid, personally appeared John K. Vanier 11 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 abovewritten.ritten. SHANDI Notary Public-Stato of Kansas t � Cii. lath lug My Appt.Expires r-{• I A12912_ Notary Public My appointment expires: 4/29 20/2 03-EC-1 RES Proj.No.07-149 SA-44A Book : 1184 Page : 1161 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 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 586°59'59"E, a distance of 297.07 feet to the Point of Beginning of the Westar Energy Easement; thence continuing bearing S86°59'59"E, a distance of 644.71 feet; thence bearing S46°37'00"E, a distance of 231.52 feet; thence bearing N86°59'59"W, a distance of 513.52 feet; thence bearing N50°59'57"W, a distance of 143.23 feet; thence bearing S46°31'36"W, a distance of 116.11 feet; thence bearing N86°59'59"W, a distance of 204.32 feet; thence bearing N45°42'07"E, a distance of 186.60 feet; thence bearing N66°13'54"W, a distance of 36.30 feet to the Point of Beginning. R' BFC be<9S„.....0STER�..(n e -/O-O; VA ? : p :‘,-,4411;,, AP: 7 ',.y S U Rv,841141 .,`', c Prepared by: James R. Beckett L.S. #832 Professional Engineering Consultants, P.A. 303 Topeka Wichita, KSKS 67202 EXHIBIT .A PEC Proj. No. 05735-008 FORWARD ALL MAIL TO CONSTRUCT1ON/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@PEC1.com FAX NO.(316)262-6592 Book. 134 Poye : 1162 LEGEND 0 400 - - = SECTION UNE — = EASEMENT = PROPERTY LINE A = SECTION CORNER = EASEMENT LINE 20.00' 186.00' I NE COR. SW 1/4 NW COR. SW 1/4 14=15S=3W 14-15S-371— - - — - - N89'29'12"E 2_625.77' - - / l00 / I I I — tri I O M O n N O I N M1 co PO S20'23'49"E 252.59' I InkW ^Iw ea 0, I - S10-3 S6? 5i a 1 544. 1?' a —1 •coo 0 2223 f 484r In"' I z 3 SOO'14'1017 90.00' KI N66.' I2' M Se WESTAR 644.71' WESTAR EASEMENT I o /3S ?7 ?9E AREA = 2.42 ACRES I c' 4 E ? o 1V 8 — 231.52' 186.60' //////j//17j ,------------ 586'S9'S9_E--1691.3075 //// _ ------1--- \- - v 1 4,204.32' --%////�///�//.. — CIf �t:). 4(5 0513.52' �� S86'59'S9'E 1522.7560 f I I 1 Sc% N s9s>k �'� j�� JAS N56'26'20"E 72.11' o cN.l I 5�6�� .- e �'�..• • /p�. "ti,9 '�,��o>, S38'31'51"E 192.09' In N rn O 1 w S`9)' �8� I c . q m i N w o NI urnv' S00' ' 80.00' 074417 I u, � o1in La co a. Io ° I SA-44A o I PART OF co o I Z Z1 SW 1/4 SEC. 14 H N I T15S, R3W o S89'58'40°E r . a — 40.00' O cpo i b Z cq f�S�J� I - 282.36' 440.35' �'�' S89'42'38)4S89'42'38"W F' _ SMOLAN 1 - - — - - — - - — - - S89'42'38"W 2.635.52' SW COR. SW 1/4 EXHIBIT /� SE C04-1 S 1/4 14-15S-3W da 9 3 ®® ¢� Professional 345.19 RENO-SUMMIT _ /1 M Engineering TRANSMISSION LINE PHASE 2 Westar Energy. Consultants: P.I. 303 S.TOPEKA • WICHITA, KANSAS 67202 COUNTY OWNER _ TRACT. NO. PROJ. NO. 07-149 316-262-2691 • FAX 316-262s003 SALINE CITY OF SALINA SA-44A DATE: SEPT. 12, 2008 Hww.Dec 1.com aR6= Qlloir f'brbdu