YMCA Dr Pedestrian Path
MICROFilMED
MAY 1 a t078
Mise Book / L!L Page 67 ð 6
By SALINE COUNTY
AGREEMENT
I MD ME NT, made thi s /{1 iÆ day of May, 1976, by and between the YOUNG
MEN'S CHRISTIAN ASSOCIATION, of Salina, Kansas, hereinafter called "Grantor";
and the CITY OF SALINA, KANSAS, a municipal corporation existing under and by
virtue of the laws of the State of Kansas, hereinafter called "Grantee".
WITNESSETH:
WHEREAS, the Grantor is the owner of certain lands which are known as the
YMCA Addition to the City of Salina, Saline County, Kansas, and which contain a
portion of the Smoky Hill River; and
WHEREAS, Grantee desires to have access to the said Smoky Hill River and
the bank adjacent thereto for the purpose of stabilizing the same and for
developing recreational or nature hiking and nonmotorized biking trails along
said Smoky Hill River; and
WHEREAS, Grantor desires to cooperate with such development and stabilization.
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set
forth, the parties hereto agree as follows:
(1) Grantor hereby grants to Grantee a non-exclusive easement to the Smoky
Hill River and riverbank situated on the YMCA Addition to the City of Salina,
Saline County, Kansas, in the event and at such time as said Grantee undertakes
and funds a project for the stabilization of the Smoky Hill River bank and the
development of recreational or nature hiking and nonmotorized biking trails on
the above described property.
(2) It is understood that any such development and the maintenance thereof
by Grantee shall be at no cost or expense to Grantor, either by special assess-
ment or otherwise.
(3) Grantee shall, before commencement of construction, stake the location
of any such trails or stabilization, discuss the same with Grantor, give reasonable
consideration to all concerns of the Grantor with respect to the design, location,
construction and maintenance of all such trails and stabilization, and obtain
Grantor's approval of such development, which approval shall not be unreasonably
withheld by Grantor.
(4) This agreement shall be binding upon the representatives, successors,
trustees and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the parties have executed this agreement the day and
year first herein written.
GRANTOR
YOUNG MEN'S CHRISTIAN ASSOCIATION,
By A1?t2~rL/ (f2Ct1/f.A2_/
Dean Owens, President
Salina, Kansas
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D. L. Harrison, City
By
Clerk
_~'Keith G. Duckers, Acting Mayor
STAtf; Of'. KANSAS . .1)
COUNTY OF SALINE f SS{ ~
FIt£O FOR RECORD IN MV OffiCE
Off MAY t 11976 AT
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G. Of DEEDS
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