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CONVEYANCE OF EASEMENT
THIS INDENTURE, made this /1 day of December, 1952, by and
between THE NATIONAL BANK OF AMERICA, Trustee u/w Frank W. Spaeth, deceased,
J. E. SPAETH and WYLLIS E. SPAETH, his wife, and HAZELIE E. SPAETH, a widow,
of the First Part, and the CITY OF SALINA, KANSAS, of the Second Part.
WHEREAS, said bank as such trustee is vested with the power to
alienate an undivided one-fourth (l/h) interest in the lands hereinafter
described; and
Vij{EREAS, J. E. Spaeth owns an undivided one-half (1/2) interest
in said lands and Hazelle E. Spaeth owns an undivided one-fourth (l/h)
interest therein; and
WHEREAS, the party of the second part desires to obtain an easement
over, through and upon that certain land hereinafter described; and
~~, the parties of the first part are willing to grant such
an easement; and
SO, NOW, THEREFORE, ViITNESSETH:
That the parties of the first part, in consideration of the payment
of the sum of $150.00 and other valuable consideration, receipt of which is
hereby acknowledged, do by these presents grant, bargain, sell and convey
unto second party an easement in, over and through that certain land owned
by the first parties, as aforesaid, more particularly described as follows,
to-wit: .
That certain tract of land in the Southeast Quarter (SE/4)
of Section Thirteen (13), Township Fourteen (lh) South,
Range Three (3) West of the 6th P.M. in Saline County,
Kansas, described by metes and bounds as follows, to-wit:
Beginning at the northeast corner of said Southeast Quarter
(sE/h), thence west along the quarter section line eight
hundred ninety (890) feet, more or less, to the center of
the Smoky Hill River; thence due south thirty (30) feet;
thence east eight hundred ninety (890) feet, more or less,
to the east line of said Section 13; thence north thirty
(30) feet to the place of beginning.
All for the right of ingress and egress of second party, its servants, officers,
employees and contractors for the purpose of installing, maintaining, replacing
and repairing water lines therein in accordance with plans and specifications
on file in the office of the City Clerk of said City.
The City agrees to affect the installation thereof in a good work-
manlike ma~~er, and further agrees to cause said land to be restored to its
original condition from time to time as near as that is practical, and in the
event of excavations for replacements, repairs or maintenance, second party
shall cause the surface of said land to be likewise restored. Second party
agrees to install said water line or lines below plow depth.
IN WITNESS w~OF, the parties of the first part have caused these
pretpents to be duly executed.
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THE NATIONAL BANK OF AMERICA,
a corporation, Trustee u/w
Frank W. Spaeth, deceased
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STATE OF KANSAS )
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ComITY OF SALINE )
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BE IT REMEMBERED, that on thlS /1 -' day of JJ(" (' r;-"¡"llð' (;'/" ,
1952, before me, the undersigned, a Notary Public in and for the County and
State aforesaid, came Glenn H. Bramwell, President and Trust Officer of
The National Bank of America, a corporation duly organized, incorporated and
e~~ting under and by virtue of t,Ì,le l~w)', of the United States, and.
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corporation, who are personally known to me to be such officers, and who are
personally known to me to be the persons who executed, as such Trustee, the
within instrument of writing on behalf of said corporation.
DJ TESTIMONY ì¡lIHEREOF, I have hereunto set my hand and affixed rrw
'ô.fi:l'cié;1.l seal the day and year last above ì'VI'itten.
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'/ ":~~eoí!!l'r1isS:ion expires:
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<,,' e '\ ' . ,1IY'tÌ.OO"lISSIO:-¡ ExrlRES JUNE 27. 1955
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STATE OF KANSAS )
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COUNTY OF SALINE) /J
BE IT REMEMBERED, That on this J ..3 -:tb day of ¿~~ ,
1952, before me, the undersigned, a Notary Public in and for said County
and State, came J. E. Spaeth and V~llis E. Spaeth, his wife, and Hazelle E.
Spaeth, a widow, to me personally known to be the same persons who executed the
våthin instrument of writing, and duly acknowledged the execution of the same.
IN WITNESS WEEREOF, I have hereunto subscribed my na.l'ne and affixed
my official seal on the day and year last above written.
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Notary Public
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&ATE OF KANSAS
UNTYOFSALINE f 55
fILED fOR RECORD IN MY OfFICE
ON DEe 22 "9
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