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Smoky Hill Channel City of Salina S.}, Sec.18, T-14-5, ~2~ . .:; - " .. - ""'" ~ . '" , .",", SALIN2 COUNTY HIGHWAY DEP!\RTHWT rJ.l" 1 V1. . II ~- , ~ ~ .f V~-.(¡ J" _._-_.~--_. EASEMENT FOR CHANNEL CHANGE THIS AGRE3I:Et\iT TJlade and entered into this 9th. day of Au~st A.D. 19~, by and between City of S~in~, KAnsas (Name ~, ; n~ 1Ca~8a. (Add"ress State of Kansas , part~ of the first part, and the Saline County Highway Department, acting for Saline County, Kansas, party of the second part. WITNESSETH, Whereas for the proper construction, maintenance and drainage of County highway jl1 Saline County it is necessary to change the channel of Smoky Hill RiVA'" upon land owned by party of the first part and described as follows: Beginning at a point two thousand one hundred seventy (2, 170.0) feet east of th'hsouthwest corner of section eighteen (18), Township fourteen (14)Sf/Ränge two (2) West J thence northerlT one hundred eighty and eighty-four hundredths (180.84) feet; th~nce nort.heaster17 five hundred twenty four and thirt.y-one hundredths (524.31) teet to a point? four hundred eight,. two and ninety-eight hundredths (482.98) teet north of the south line of said section; thence southeasterly fifty six and fifty-seven hund.t"'6dths (56.57) feet to a point four hundred fort;y three and eighteen hundredths (443.18) feet north of the south line of said section; thence southwesterly following the meandèr of the stream approximately five hurrlred forty two and four tenths (542.4) teet; thence west on the section line approximatel;y one hundred ,sixty- f1 ve and three hundredlohs (165.03) feet to jIaoint ~f beginning. Containing one and fifty-five hundredths (1.55) acres more or less exclusive of theexisting and proposed right-of-way. All in the South!, Section 18, T-14-5, R-2~. Now, therefore, in consideration of the payment of ~l.OO dollars to party of the first part, by part;y of the second part, party of the first part hereby grants and conveys to party of the second part a permanent easement upon the above-described premises for the purpose of making and maintaining such change in said channel and party of the first part for , (his) (their) heirs and assigns agrees that party of the second part or its dulyauthor- ized agents or representAtives may at any time enter upon said premises above described for the purpose of keeping said channel in proper condition for drainage purposes. SAIINE COUNTY COlvjEISSIONl::R3 ~~n ~ ~~~er j'i A4fg ~}'JL P~rty of the Fjrst Part x, Party of the First Part Party of the First P~rt Party of the First Part By I ~ ! Ci~.. of -Salina S ¡Or 1 "'~C lP .,." I' S R 2 ToT . .'.!¡:, ;)" . -~, '.L"',+-, .--'IV , f' - .. . GRANT OF EASDIDH FOR RIGHT-OF-WAY THIS INDENTURE made this 9th. day of August A.D. , 19~ by and between Cit;r of Salina, Kansas: of Salina, Kansas , hereinafter referred to as party of the first part, and ths COUNTY OF SALINE, STATE OF KANSAS, party of the second part WITNESSETH, in consideration of the sum of $1'.00 Dollars and other valuable consideration, the reèeipt whereof is hereby acknowledged, the party of the first part does hereby t grant and convey to the party of the second part an easement for the purposes her~inafter set forth in and to the following described real estate situated in the County of Saline, State of Kansas, to-wit: Beginning at a point twel're hundred eight,.-tive and thirteen hundredths (1285.13) feet East ot the Southwest corner of section eighteen (18), town- ship fourteen (14) South, Range two (2) West; thence Northerly sixty-six and forty-two hundredths (66.42) teet; thence Easterly one hundred fourteen and eighty-seven hundredths (114.87) feet to a point sixty-six and ninety- nine hurrlredthe (66.99) feet north of the South line of said section; thence NortherJJr ten (10.0) feet; thence easterly tour hundred (400.0) feet to a point 88'Yent.T 8i¡ht and ninet7-nine hundredths (78.99) feet north ot the South line of Mid section) thenoe Jortherl,y ten (10.0) feet¡ thence East- ~. """"".".',"-,"~'>"'..^'.-"."".','~' ~.' .,.~ '\*r~~~";,?~ìt.:f\~OIó(~~'&Í~'.,,. .. ,.,..' . . ".' ,',.' . . of beginning. Containing one and three tenths (1.30) acres more or less exclusive of ...~"'):",.;.,:,j-.'" ",. ~....t...-:,.!,~~{~. .:t,'!':,":'" '.~~"'\íii<i'~' . ".' ~" party , . " assigns. It is understood and agreed between the parties hereto that party of the second part may take immediate possession of said real estate, and part~r of the second part shall remove all fences which it deems necessary to layout, relocate, alter, widen, construct and maintain said road or roads, and shall replace the same in a good and workmanlike manner ánd to a comparable condition before removal, and said party of the second part shall remove all trees, shrubs, debris and other obstructions upon said right-of-way in a good and workman-like manner dispose of the same by burning. It is an express condition of this grant of e~sement by party of the first part that party of the second part .s~J,,1 remove or cause to be removed any telephone or power lines or ot~r;~ublic utilities abutting on said right-of-way. P~rty of the first part does hereby agree that the consideration expressed herein and the benefits to accrue to party of the first part from the laying out, relocating, altering, widening, constructing and maintaining of said road is in full and complete satisfaction for said right-of-way easement, and of all damages to party of the first part which may arise from the use of said real estate for the purposes herein set forth. (Continued) .. '... , r- ~ . .... Page 2. Said first party does hereby covenant with party of the second part that at the delivery of these presents he is seized of an absolute and indefeasible estate of inheritance in fee simple of the above described real estate and that the same is free and clear of encumbrances, except Signed: Signed : Signed: . Signed: ?AfOF KmSAS ; ~, .~~'~~ounty ) BE IT REMEMBERED, That on 7¿ <1 day of ({'~1A-c.f-l~ A.D. 19 ~;~ before me c/#-....'-û.~( C (IlL. ~ ....~ .~~ a Notary Pub{iC in and for bJ' ) 'Lk \.. --"---<:"--7 (\./ said County and State came ~C'-.f- 4 { A?,-t~---é, I ~<"'L'~--~-, t me personally known to be the same person who executed instrument of writing, and duly acknowledge the execution same. the within of the ll1 ìHTNESS vJHEREOF, I have affixed my official seal on the hereunto subscribed my name and day a.. n~,.,y~ar last .a..b.?V~wr...' t~.n.. ./ ~~/ _\1 II/\: - ~._-~ / L{' CY/ _A -t:-/<-í--ì-.\ Notary Public My Commission Expires: ~~Lt- lei \ 11'1 , PARTY OF TIlE S&;OND PART BO~~?. COUN~çQ~ONffi5 Chair= ( ~... ~ --òÞ Member J))¡u¥~. Member STATE OF KANSAS) ~ ) SS: ~ ALINE) --dv /.' BE IT RllÅ’MBERED, That on this ~day of ~ 19~before me r~:7./ ~.-.k, Notary Public in and for said County and State came ' t:i :!:~ -::::<¿;~ Wh: ecut~ the 'within instrument of writing, and duly acknowledged the execution of the same. A.D. IN WITNESS WHEREDF, I have hereunto subscribed my name and affixed my official seal on the day and year last above written. ~ ~~~1ð~ ~~otary Public ~ ~;f~1 ~rlsj