Lot 131 133 & 135
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REBECCA SEEMAN ,.
REGISTER [F DEEDS '- N ' ./"
SÆ.It£ ClJMTV KANSAS v
Book: 1058 Page: 684
Receipt t: 11426 Total Fees: $16.Ø8
Pages Recorded: 3
Date Recorded: 9/2/28Ø3 3:30: 17 Pf
PERMANENT ELECTRICAL UTILITY EASEMENT
FOR UNDERGROUND SERVICE
THIS INDENTURE, made this 25th day of August, 2003, by and between the CITY OF
SALINA, KANSAS ("Grantor") and WESTAR ENERGY, INc., ("Grantee").
WITNESSETH: Grantor, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, does hereby grant and convey unto the Grantee, a permanent
electrical utility easement for underground service in, through, over, and across a certain portion of
land owned by the Grantor, as depicted and legally described under the heading "City of Salina,
Kansas, Utility Easement" on the attached and incorporated Exhibit A and referred to as the
"Easement," for all rights of ingress and egress of the Grantee, its servants, officers, employees, and
contractors, to erect, install, alter, reconstruct, operate, and maintain under varying conditions of
operation, renew, replace, relocate, and remove underground electrical distribution lines and related
appurtenances for the purpose of providing electrical service, subject to the following conditions
and requirements:
Required Borin!!. Grantee agrees that its use of the Easement will be exclusively by
boring under Grantor's paved public parking lot affected by the Easement and not by trenching.
Limited Disruption of Traffic and Parkin!!. Grantee agrees that any scheduled work
performed in relation to its use ofthe Easement shall be based upon a traffic and parking plan
submitted to Grantor for review and approval in advance ofthe work. The traffic and parking plan
will show the means by which Grantee will minimize any adverse impact upon traffic flow and
parking while the scheduled work is performed. If Grantee must perform work in relation to its use
of the Easement on an emergency basis, Grantee will make every effort to minimize any adverse
impact upon traffic flow and parking while the emergency work is performed.
Restoration of Pavement. Grantee agrees to fully indemnify Grantor for any damage to
Grantor's property arising from Grantee's use ofthe easement. Specifically with regard to the
City's paved parking lot, Grantee agrees to fully restore the pavement and striping in accordance
with Grantor's standard when damaged either intentionally (e.g., a boring pit) or accidentally in
relation to Grantee's use of the Easement. If Grantee fails to so restore the parking lot pavement
either in accordance with Grantor's standard or in a timely manner, Grantor may cause the
necessary work to be performed and recover any related expenses from Grantee.
IN WITNESS WHEREOF, the duly authorized officers and representatives of the parties
have signed this Permanent Electrical Utility Easement for Underground Service the day and year
first above written.
CITY OF SALINA, KANSAS
By:
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Alan E. Jilkà, Ma
Book: 1058 Page: 68S
ATTEST:
By:
Lieu Ann Nicola, City Clerk
WESTAR ENERGY, INC.
By:
R~ ¡?~ ~PrP4tA"-~+
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on thisdÓth- day of August, 2003, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Alan E. Jilka,
Mayor, and Lieu Ann Nicola, City Clerk, who are personally known to me to be the same
persons who executed the above and foregoing instrument of writing and duly acknowledged the
execution of the same on behalf of the City of Salina, Kansas.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
A. PENNY DAY
~ Notary Public. te of Kansas
My Appt. Expires
STATE OF KANSAS,S#Jñ¿),l/Ee COUNTY, ss:
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BE IT REMEMBERED, that on this?1.... day of Uû~ ' 2003, before me, the
undersigned, a notary public in and for the county and state a oresald, came
¡ýuL~ A. A k..~1I' , \/ ~ CJ¿ P(~~~d <'v'-+ , of WE STAR ENERGY,
INC., who is personally known to me to be the same person who executed the above and
foregoing instrument of writing and duly acknowledged the execution of the same on behalf of
the corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day a.nd. year last above ~ / / .
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SI~H:J\fH '1 \f¿.J83a . ,,?,l¿AX..../
Sl!SIre) 10 a¡1?IS . 311aOd AMI/ION. Notary Public
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[A real estate sales validation questionnaire is not required pursuant to KS.A. 79-1437e(a)(13)]
.".OTARY PUBliC. State 01 Kansas
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20' 0 20' 40'
~ PROPOSED UTILITY EASEMENT
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S. 89°57'25" W. 120.16' BUILDING I ~
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SOUTHWESTERN BELL TELEPHONE COMPANY
UTILITY EASEMENT
A part of Lot 131 on Seventh Street, in the Original Town of Salina, Saline County, Kansas
described as follows: Beginning at a point on the North line of the South Ten Feet of said
Lot 131 that is North 89 degrees 57 minutes 41 seconds East for a distance of 21.83 feet
from the West line of said Lot 131; thence North 40 degrees 21 minutes 25 seconds West
for a distance of 18.48 feet; thence North 00 degrees 00 m ¡nutes 00 seconds East for a
distance of 9.84 feet; thence North 90 degrees 00 minutes 00 seconds East for a distance
of 10.00 feet; thence South 00 degrees 00 minutes 00 seconds East for a distance of 6.16
feet; thence South 40 degrees 21 minutes 25 seconds East for a distance of 23.30 feet to
the North line of the South Ten Feet of said Lot 131; thence South 89 degrees 57 minutes
41 seconds West for a distance of 13.12 feet along the North line of the South Ten Feet of
said Lot 131 to the point of beginning.
THE CITY OF SALINA, KANSAS
UTILITY EASEMENT
A part of Lot 131, Lot 133, and Lot 135 on Seventh Street in the Original Town of Salina,
Saline County, Kansas described as follows: Beginning at a point on the North line of the
South Ten Feet of said Lot 131 that is North 89 degrees 57 minutes 41 seconds East for a
distance of 21.83 feet from the West line of said Lot 131; thence North 89 degrees 57
minutes 41 seconds East for a distance of 13.12 feet along the North line of the South Ten
Feet of said Lot 131; thence South 40 degrees 21 minutes 25 seconds East for a distance of
83.29 feet; thence South 90 degrees 00 minutes 00 seconds East for a distance of 15.70
feet; thence South 00 degrees 00 minutes 00 seconds East for a distance of 10.00 feet;
thence North 90 degrees 00 minutes 00 seconds West for a distance of 20.33 feet; thence
North 40 degrees 21 minutes 25 seconds East for a distance of 96.40 feet to the North line
of the South Ten Feet of said Lot 131 and the point of beginning.
CERTIFICATION:
We do hereby certify that we
supervision, for the proposed
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PROPOSED EASEMENT
CIVIL ENGINEERS. LAND SURVEYORS
AND LANDSCAPE ARCHITECTS
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