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Mi8C. Book S-d' Page .:3}? 6'
CONVEYANCE OF EASEMENT
THIS INDENTURE, made the ~~~ day of ~ '
1950, qy and between THE SEITZ BROT~STMENT COMPANY, a co poration,
and NELLE SEITZ, a single woman, parties of the first part, and the CITY
OF SALINA, KANSAS, of the second part.
WHEREAS, the said parties of the first part did on the 25th day
of May, 1950 execute and deliver unto party of the second part for the con-
sideration therein mentioned, a conveyance of an easement in, over and
across a certain portion of the land owned qy first parties, hereinafter
more particularly described, which said conveyance is recorded in the office
of the Register of Deeds of the County of Saline, State of Kansas, in Book
of Miscellaneous 55, Page 331, of the records of said office; and
WHEREAS, in said conveyance the description of the easement con-
veyed was as follows:
A tract of land in the Northwest Quarter of Section
17, Township 14, Range 2, West of the Sixth Princi-
pal Meridian, more accurately described as follows:
Beginning at a point on the west line of Section
17, Township 14, Range 2 west of the Sixth Principal
Meridian and 1321.5 feet south of the northwest cor-
ner of said Section 17, thence east along the south
line of Block 2, Country Club Heights Addition to the
City of Salina, Kansas, and which line is extended
652.3 feet, more or less, to its intersection with
the east line of Greenway Road; thence south 14.0
feet; thence west 652.3 feet to a point 14.0 feet
south of the point of beginning; thence north on
west line of said Section 17 to the point of begin-
ning;
and
vrrlEREAS, the description of the easement conveyed in said convey-
ance should have been in words and figures as set forth in the conveyance
clause hereof; and
WHEREAS, in order to correct the description in said conveyance
of May 25, 1950, and to prevent misunderstanding, it is expedient that this
instrument be executed; and
SO, NOW, THEREFORE, Witnesseth:
That the parties of the first part, in consideration of the pay-
ment of the sum of One Dollar, receipt of which is hereby acknowledged, and
the promises and agreements hereinafter set forth, do by these presents
grant, bargain, sell and convey unto second party an easement in, over and
across a certain portion of the land owned by first parties, more particu-
larly described as follows, to-wit:
A tract of land in the Northwest Quarter of Sec-
tion 17, Township 14, Range 2, west of the Sixth
Principal Meridian, more accurately described as
follows:
Beginning at a point on the west line of Section
17, Township 14, Range 2 west of the Sixth Principal
Meridian and 1321.5 feet south of the Northwest cor-
ner of said Section 17, thence east along the south
line of Block 2, Country Club Heights Addition to the
City of Salina, Kansas, and which line is extended
749.2 feet, more or less, to its intersection with
,.
Misc. Book Ó d-6
Page 3~?
the east line of Greenway Road; thence south
14.0 feet; thence west 749.2 feet to a point
14.0 feet south of the point of beginning;
thence north on west line of said Section 17
to the point of beginning;
for the sole purpose of installing, maintaining, replacing and repair-
ing water mains therein in accordance with the future plans and speci-
fications relating thereto by said City in carrying on its proprietary
function of engaging in the distribution of water, and second party,
its officers, agents, employees and contractors shall have the right
of ingress to and egress from said property for said purposes.
The first parties reserve all rights and title to said real
estate and the use thereof, subject only to the specific rights granted
the second party as above set forth.
As a part of the consideration for the granting of this ease-
ment, second party agrees:
1. In the event the surface of the ground is disturbed by
the installation, maintenance, repair or replacing'of water mains or in
any other manner by second party, second party agrees to replace the
soil and put the surface of the ground in the same condition as it now
is and to reseed and replant any ground cover or crops growing on sai d
land at any time the surface thereof is disturbed by second party, and
that it will not permit any sunken places, ditches or ruts as a result of
any acts of second party.
2. That in the event first parties, or any of them, construct
a residence or residences on the land adjoining ,said real estate describ-
ed in said easement, the first parties may connect said residences to
said water mains and second party will furnish water to said residences
at the regular rates charged patrons in the City of Salina.
3. That this easement is given with the understanding that
in the event the parties of the first part, their successors or assigns,
plat the South Half (S/2) of the Northwest Quarter (NW/4) of Section 17,
Township 14 South, Range 2 West of the Sixth Principal Meridian, or any
part thereof, the real estate included in this easement may be dedicated
for streets, roads or highway purposes.
, ., , IN WITNESS WHEREOF, THE SEITZ BROTHERS INVESTMENT COMPANY, a
", '.:, ,.ì.'.¡~d~,oration, has caused its officers to execute this instrument, and
) :.'<'::}~ï;~,:.$EITZ has set her hand hereunto, all on the day and year first
,;':',-:' ~.. '.7,'~~n1fritten.
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By
THE SEITZ BROTHERS INVESTMENT COMPANY,
a Corporation
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STATE OF KANSAS )
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COUNTY OF SALINE )
BE IT REMEMBERED, that on this ~II~W' day ~f ,
1950, before me, the undersigned, a Notary~c in or s d County
and $,",~;"'...e NELLE SEITZ, to me personally U known t e the same person
Wh, ~,..,'.'e~e,~ll,'~~,')', ji~~"" foregoing Conveyance of Easement, and duly acknowledged
the. ex.~~~U:qn.~'D,:.l'f the same.
:':{ ,5~;'!{,~¡Îi~s WHEREOF, I have hereunto subscribed my name and
f1r,,~,;,f~1rlàl seal on the ~ an~ ~b7 ~
'!, ",',,"','sr,\.\' ßL- ~
MY c~~i~'sion Expires~/1~/J ~otary Public
,
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Mi8C. Book ~...:5 - Page :3 Ý cf-
STATE OF KANSAS )
) ss
COUNTY 0 F SALINE )
BE IT REMEMBERED, that on this :jç& day of ,
1950 before me, the undersigned, a Notary~ in and r t County
and State aforesaid, came George O. P. Seitz, President f TI SEITZ
BROTHERS INVESTMENT COMPANY, a corporation duly organized, incorporated
and existing under and by virtue of the laws of Kansas, and Theodore
B. W. Seitz, Secretary of said corporation, who are personally known to
me to be such officers and who are personally known to me to be the per-
sons who executed, as such officers, the foregoing Conveyance of Ease-
ment on behalf of said corporation.
IN TESTIMONY WHEREOF, I
my official seal the day and year
have hereunto set my hand and affixed
last above written. ,
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STATE OF' KANSAS }
COUNTY 01- SA1.INE r 5S
FILED FOR RECORD IN MY OFFICE
ON JUL '29 1950 Af
I ~£o'CLOCK.ð:M. AND DULY HtCC"::JEO
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~~.£~~-~. REG. Of DEl OS
PHOTOSTATED
JUL 3 11950
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