Flood Control Levee Access
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INGRESS-EGRESS AGREEMENT
INGRESS-EGRESS AGREEMENT is made this (). r:1.ì ~ day of
, 1995, by and between the City of Salina, Kansas, a
municipa corporation hereinafter referred to as "The City", and
Harry Sinsabaugh and Mildred E. Sinsabaugh, husband and wife,
hereinafter referred to as "Sinsabaughs".
WHEREAS, Sinsabaughs are the fee title holders of record of
the following described real estate, to wit:
A tract of land located in that part of the Southwest
Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) and
the Southeast Quarter (SE 1/4) of the Northwest Quarter
(NW 1/4) and the North Half (N 1/2) of the Southeast
Quarter (SE 1/4) of Section 19, T-14-S, R-2-W, of the 6th
PM in Saline County, Kansas located between the City of
Salina's Flood Control Levee and the Smoky Hill River.
"Sinsabaugh Tract"
WHEREAS, Sinsabaughs are desirous of maintaining their access
to the agricultural land located between the City's flood control
levee and the Smoky Hill River; and
WHEREAS, the City is agreeable to guaranteeing access to the
above described tract from East Crawford Street,
NOW, THEREFORE, the parties hereto agree as follows:
1. For valuable consideration the receipt of which is hereby
acknowledged, specifically including the compliance by the parties
hereto with the requirements of the Army Corps of Engineers
relating to the use of the flood control levee, the City hereby
agrees to provide an unrestricted, chained/gated access route from
East Crawford Street over and across the City's flood control
right-of-way east of the flood control levee south to the above
described tract ("Sinsabaugh Tract").
2. The aforesaid access grant is appurtenant to and shall
run with the above described tract and shall be binding upon and
inure to the benef it of the parties to this Agreement, their
respective heirs, successors or assigns so long as the property is
used for agricultural purposes.
3. The parties hereto agree to use the rights granted by
this instrument with due regard to the rights of others and their
use of the area encumbered by this agreement and shall not use the
access route in anyway that will impair the rights of others to use
it and shall not obstruct passage thereon.
4. The parties further agree as part of the consideration of
this easement grant to so maintain and operate the access route
granted by this instrument in such a manner that the operation
thereof will in no way hinder or prevent the proper and reasonable
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use and enjoyment of the City's Pedestrian/Bicycle Levee Trail
System, through which easement is granted.
5. The parties hereto agree and understand that the City
shall be responsible for the cost of any materials and labor used
in the repair and maintenance of the access route herein created in
order to maintain adequate access for agricultural purposes.
6. This ingress-egress easement grant shall remain in full
force and effect until such date as an alternative means of access
is provided by the City or the above described tract is no longer
used for agricultural purposes.
7. This Agreement shall be governed by, construed
enforced in accordance with the laws of the State of Kansas.
and
IN WITNESS WHEREOF, each party to this Agreement has caused it
to be executed at Salina, Kansas, on the date indicated in their
respective acknowledgements.
"SINSABAUGH"
"CITY"
CITY OF SALINA
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~d E-. Sinsabaugh
"
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STATE OF KANSAS
)
) ss:
)
COUNTY OF SALINE
The forego~}lg Ingress-Egre s Agreement was acknowledged before
me on this "lVî day of , 1995, by Harry
Sinsabaugh, and Mildred E. Sinsaba h, husband and wife.
IIOTARY I'U8UC . State of Kanm
=~
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Notary blic
My Appointment Will Expire:
c:J, d~ Î, ¡g98
STATE OF KANSAS
)
) ss:
)
COUNTY OF SALINE
The foregoing Ingress-Egress Agreement was acknowledged before
me on this ¡;; LI-H.... day of ~.. Ð'i ' 1995, by John
Divine, Mayor of the City of Salina, municipal corporation, as
the act and deed of said corporation.
~ ~'ARV I'\I~~DYS~~~'"
~ My toW\. Exp.
My Appointment Will Expire:
/({)~/1-97
STATEOFKANSAS l C. ~ / ,- LEDFORRECORú
COUNTY OF SALINE J 55. IV IN MVOFFICEAT
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INGRESS-EGRESS AGREEMENT
THIS INGRESS-EGRESS AGREEMENT is made this 2~+h day of
~,~\~ ' 1995, by and between the City of Salina, Kansas, a
municipal corporation hereinafter referred to as "The City", and
Harry Sinsabaugh and Mildred E. Sinsabaugh, husband and wife,
hereinafter referred to as "Sinsabaughs".
WHEREAS, Sinsabaughs are the fee title holders_of record of
the following described real estate, to wit:
A tract of land located in that part of the Southwest
Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) and
the Southeast Quarter (SE 1/4) of the Northwest Quarter
(NW 1/4) and the North Half (N 1/2) of the Southeast
Quarter (SE 1/4) of Section 19, T-14-S, R-2-W, of the 6th
PM in Saline County, Kansas located between the City of
Salina's Flood Control Levee and the Smoky Hill River.
"Sinsabaugh Tract"
WHEREAS, Sinsabaughs are desirous of maintaining their access
to the agricultural land located between the City's flood control
levee and the Smoky Hill River; and
WHEREAS, the City is agreeable to guaranteeing access to the
above described tract from East Crawford Street,
NOW, THEREFORE, the parties hereto agree as follows:
1. For valuable consideration the receipt of which is hereby
acknowledged, specifically including the compliance by the parties
hereto with the requirements of the Army Corps of Engineers
relating to the use of the flood control levee, the City hereby
agrees to provide an unrestricted, chained/gated access route from
East Crawford Street over and across the City's flood control
right-of-way east of the flood control levee south to the above
described tract ("Sinsabaugh Tract").
2. The aforesaid access grant is appurtenant to and shall
run with the above described tract and shall be binding upon and
inure to the benefit of the parties to this Agreement, their
respective heirs, successors or assigns so long as the property is
used for agricultural purposes.
3. The parties hereto agree to use the rights granted by
this instrument with due regard to the rights of others and their
use of the area encumbered by this agreement and shall not use the
access route in anyway that will impair the rights of others to use
it and shall not obstruct passage thereon.
4. The parties further agree as part of the consideration of
this easement grant to so maintain and operate the access route
granted by this instrument in such a manner that the operation
thereof will in no way hinder or prevent the proper and reasonable
use and enjoyment of the City's Pedestrian/Bicycle Levee Trail
System, through which easement is granted. :
5. The parties hereto agree and understand that the City
shall be responsible for the cost of any materials and labor used
in the repair and maintenance of the access route herein created in
order to maintain adequate access for agricultural purposes.
6. This ingress-egress easement grant shall.' r~main in full
force and effect until such date as an alternative means of access
is provided by the City or the above described tract is no longer
used for agricultural purposes.
7. This Agreement shall be governed by, construed and
enforced in accordance with the laws of the State of Kansas.
IN WITNESS WHEREOF, each party to this Agreement has caused it
to be executed at Salina, Kansas, on the date indicated in their
respective acknowledgements.
"SINSABAUGH"
"CITY"
CITY OF SALINA
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g~
STATE OF KANSAS
)
) ss:
)
COUNTY OF SALINE
The foregoing Ingress-Egress Agreement was acknowledged before
me on this I..jfj-) day of ~litLLf: , 1995, by Harry
Sinsabaugh, and Mildred E. Sinsab ugh, husband ~ndw~fe.
f.4.~1
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Notary, blic
My Appointment Will Expire:
~ /~.A_L.J 77 1998
(J
STATE OF KANSAS
)
) ss:
)
COUNTY OF SALINE
The foregoing Ingress-Egress Agreement was acknowledged before
me on this d4W-- day of ~ ~ ' 1995, by John
Divine, Mayor and Judy D. Long, Cit Clerk, of the City of Salina,
a municipal corporation, as the act and deed of said corporation.
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My Appointment Will Expire:
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INGRESS-EGRESS AGREEMENT
THIS INGRESS-EGRESS AGREEMENT is made this 2~+h day of
...1ul)' , 1995, by and between the City of Salina, Kansas, a
municipal corporation hereinafter referred to as "The City", and
Harry Sinsabaugh and Mildred E. Sinsabaugh, husband and wife,
hereinafter referred to as "Sinsabaughs".
WHEREAS, Sinsabaughs are the fee title holders_of record of
the following described real estate, to wit:
A tract of land located in that part of the Southwest
Quarter (SW 1/4) of the Northeast Quarter (NE 1/4) and
the Southeast Quarter (SE 1/4) of the Northwest Quarter
(NW 1/4) and the North Half (N 1/2) of the Southeast
Quarter (SE 1/4) of Section 19, T-14-S, R-2-W, of the 6th
PM in Saline County, Kansas located between the City of
Salina's Flood Control Levee and the Smoky Hill River.
"Sinsabaugh Tract"
WHEREAS, Sinsabaughs are desirous of maintaining their access
to the agricultural land located between the City's flood control
levee and the Smoky Hill River; and
WHEREAS, the City is agreeable to guaranteeing access to the
above described tract from East Crawford Street,
NOW, THEREFORE, the parties hereto agree as follows:
1. For valuable consideration the receipt of which is hereby
acknowledged, specifically including the compliance by the parties
hereto with the requirements of the Army Corps of Engineers
relating to the use of the flood control levee, the City hereby
agrees to provide an unrestricted, chained/gated access route from
East Crawford Street over and across the City's flood control
right-of-way east of the flood control levee south to the above
described tract ("Sinsabaugh Tract").
2. The aforesaid access grant is appurtenant to and shall
run with the above described tract and shall be binding upon and
inure to the benefit of the parties to this Agreement, their
respective heirs, successors or assigns so long as the property is
used for agricultural purposes.
3. The parties hereto agree to use the rights granted by
this instrument with due regard to the rights of others and their
use of the area encumbered by this agreement and shall not use the
access route in anyway that will impair the rights of others to use
it and shall not obstruct passage thereon.
4. The parties further agree as part of the consideration of
this easement grant to so maintain and operate the access route
granted by this instrument in such a manner that the operation
thereof will in no way hinder or prevent the proper and reasonable
use and enjoyment of the City's Pedestrian/Bicycle Levee Trail
System, through which easement is granted. .
5. The parties hereto agree and understand that the City
shall be responsible for the cost of any materials and labor used
in the repair and maintenance of the access route herein created in
order to maintain adequate access for agricultural purposes.
6. This ingress-egress easement grant shall r~main in full
force and effect until such date as an alternative means of access
is provided by the City or the above described tract is no longer
used for agricultural purposes.
7. This Agreement shall be governed by, construed and
enforced in accordance with the laws of the State of Kansas.
IN WITNESS WHEREOF, each party to this Agreement has caused it
to be executed at Salina, Kansas, on the date indicated in their
respective acknowledgements.
"SINSABAUGH"
"CITY"
CITY OF SALINA
~{~
Mildred E. Sin b ugh
Attest:
9~
erk
STATE OF KANSAS
)
) ss:
)
COUNTY OF SALINE
The foregoing Ingress-Egres~ Agreement was acknowledged before
me on this /..Jl-h day of dltffifi,'j- , 1995, by Harry
Sinsabaugh, and Mildred E. Sinsab gh, husband ~nd wife.
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My Appointment Will Expire:
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STATE OF KANSAS
)
) ss:
)
COUNTY OF SALINE
The foregoing Ingress-Egress Agreement was acknowledged before
me on this õl'it#.- day of .::r ~ ' 1995, by John
Divine, Mayor and Judy D. Long, Ci y Clerk, of the City of Salina,
a municipal corporation, as the act and deed of said corporation.
~ I. ~Ø-.J.
Notary ublic (f
My Appointment Will Expire:
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