Rainbow Drive
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AGREEMENT FOR EASEMENT
. This agreement made this 16th day of May, 1979, between
Mlchael C. Brown and Eleo Beth Brown, husband and wife, hereinafter
called the parties of the first part, and the City of Salina, Kansas,
a municipal corporation, hereinafter called the party of the second
part,
vHTNESSETH:
For and in consideration of the sum of one doll ar ($1.00)
and other valuable consideration, the receipt of which is hereby
acknowledged, the parties of the first part, hereby grant, convey
and warrant to the City of Salina, Kansas, a municipal corporation,
an easement to reconstruct, renew, operate, maintain, inspect,
alter, replace, repair and remove a sanitary sewer force main system
for the flow and drainage of sewage over and through the following
described real estate, to-wit:
A tract of land 10.00 feet in width situated in the S 1/2 of
Section 35, Township 14 South, Range 3 West of the Sixth Principal
Meridian, Saline County, Kansas, more particularly described as
follows:
COMMENCING at a chiseled square marking the Southwest corner
of said Section 35; thence northerly on an assumed bearing of N
0°27143" W along the West Section Line of said Section 35 a dis-
tance of 1629.00 feet; thence N 90°00'00" E along a line 1629.00
feet north of and parallel to the South line of said Section 35
a distance of 131.56 feet to the POINT OF BEGINNING; and said
point being on the east right-of-way line of the Missouri Pacific
Railway; thence continuing N 90°00'00" E a distance of 16:"8.44
feet; thence N 0°29'04" W a distance of 10.00 feet; thence N
90°00'00" W a distance 1618.44 feet to the East right-of-way line
of the Missouri Pacific Railway; thence S 0°29'04" E a distance
of 10.00 feet to the POINT OF BEGINNING, containing 0.37 acres,
more or less,
together with the right of lngress and egress for all purposes
incident to said grant.
The said parties of the first part retain for themselves and
their heirs or assigns the right fully to use and enjoy said premises
except as the same may be necessary for the purposes herein granted to
the said City of Salina, Kansas.
The parties of the first part hereby agrees, for the same consid-
eration, that no building or buildings shall be erecteQ on or over
the said sewage system constructed and installed by said City
pursuant to this easement, and that the said City of Salina, Kansas,
shall not be liable for any damages which may arise to all of the
premises and improvements thereon owned by the parties of the first
part as above described and adjacent thereto as a result of its use
of said premises under the terms of this easement, including the
operations as above set forth.
This agreement shall bind the legal heirs, representatives,
successors, trustees and assigns of the parties of the first part.
IN WITNESS WHEREOF, the parties hereto have hereunto executed
this agreement the day and year first above written.
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, Michael C. Brown
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Eleo Beth Brown
"PARTIES OF THE FIRST PART"
THE CITY OF SALINA, KANSAS
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By:
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Mayor
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City Clerk
"PARTY OF THE SECOND PART"
STATE OF KANSAS
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SALINE COUNTY
BE IT REMEMBERED, that on this ,// day of /)',-, " , 1979,
before me, the undersigned, a Notary Public in and for the County
and State aforesaid, came Michael C. Brown and Eleo Beth Brown,
husband and wife, who are personally known to me to be the same
persons who executed the above and foregoing instrument and who
acknowledged the execution of the same.
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Notary Public
Expires:
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STATE OF KANSAS
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SALINE COUNTY
BE IT REMEMBERED, that on this 16th day of May, 1979,
before me, a Notary Public in and for the County and State afore-
said, came Karen Graves and Don Harrison, Mayor and City Clerk
respectively, who are personally known to me, and known to me to
be the Mayor and City Clerk of the City of Salina, Kansas, a muni-
cipal corporation, and the same persons who executed the above
and foregoing insutrument and they duly acknowledged the execution
of the same for and on behalf of and as the act and deed of said
municipal corporation,
IN WITNESS WHEREOF, I have hereunto set my hand and fixed my
official seal the day and year last above written.
-- _c M. E. ABBOTT
s.linI County. tea.
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Notary Public
My Appointment Expires: