S2-SE4-26-T14S-R3W
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71
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CONVEYANCE OF EASEMENT
THIS INDENTURE, made this !£J day 0 f ß~-1,/ , 19 ¡ J..- ,
by and between GEORGE H. WALLERIUS and MARY ALICE WALLERIUS. his wife
of the first part, and the City of Salina, Kansas, of the second part; and
WHEREAS, party of the second part desires to obtain an easement over,
upon and through certain land owned by the first party and hereinafter described;
and
WHEREAS, the party of the first part is the owner in fee simple of said
land and is willing to grant said second party said easement; and
SO NOW, THEREFORE, witnessed, that the party of the first part in
consideration of the sum of One Dollar ($1.00) and other good and valuable
consideration, receipt of which is hereby acknowledged, do by these presents,
grant, bargain, sell and convey unto second party an easement for the purpose
of constructing, installing, repairing, replacing and maintaining a storm sewer
and appurtenances thereto, in perpetuity, in, over and across a certain portion
of land owned by first party, more particularly described as follows:
Permanent Easement:
A strip of land 20 feet wide in the South Half (S/2) of the Southeast
Quarter (SE/4) of Section 26, Township 14 South, Range 3 West of the Sixth
Principal Meridian described as follows:
(1) Beginning at a point on the south line of Saturn
Avenue which point is 740.0 feet west of the west right-of-
way of U. S. 81 Highway;
(2) thence south and parallel to said right-of-way
1174.0 feet, more or less, to the north right-of-way line
of Flood Protection Drainage Ditch of the City of Salina;
(3) thence west along said Drainage Ditch right-of-
way 20.0 feet;
(4) thence north parallel to said U. S. 81 right-
of-way 1174.0 feet, more or less, to the south line of
Saturn Avenue; and
(5) thence east along the south line of Saturn
Avenue 20 feet, more or less, to point of beginning.
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First party, for like consideration, conveys unto second party,
an easement for use during the initial construction of a storm sewer in
the Permanent Easement, aforesaid, the land to revert to first party
(George H. Wallerius) upon the second party accepting or using the storm
sewer, to-wit:
Construction Easement:
A strip of land 80 feet wide in the South Half (S/2) of the
Southeast Quarter (SE/4) of Section 26, Township 14 South, Range 3 West
of the Sixth Principal Meridian described as follows:
(1) Beginning at a point on the south line of
Saturn Avenue which point is 760.0 feet west of the
west right-of-way of U. S. 81 Highway;
(2) thence south and parallel to said right-of-
way 1174.0 feet, more or less, to the north right-of-
way line of Flood Protection Drainage Ditch of the City
of Salina;
(3) thence west along said Drainage Ditch right-
of-way 80.0 feet;
(4) thence north parallel to said U. S. 81 right-
of-way 1174.0 feet, more or less, to the south line of
Saturn Avenue; and
(5) thence east along the south line of Saturn
Avenue 80.0 feet to the point of beginning.
General Conditions:
Wallerius and his assignsshall have the right to drain the residue
of the South Half (S/2) of the said Southeast Quarter (SE/4) into the storm
sewer so long as the connection is effected consistent with the reasonable
requirements of the City Engineer of the City.
The city shall cause the construction easement to be restored to
like condition as when taken for agricultural use.
The city shall cause the contractor constructing the storm sewer to
place excess earth on the residue of said land at a place to be designated by
Wallerius.
IN WITNESS WHEREOF, the party of the first part has set his hand
all on the day and year first written.
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Mary Æ1ice Wa1lerius
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STATE OF KANSAS
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COUNTY OF SALINE
. BE IT REMEMBERED, that on this /0 day of c-&--c..;ZP~¿A.....//
196 ~ before me, the undersigned, a Notary Public in and for said County
and State, came GEORGE H. WALLERIUS and MARY ALICE WALLERIUS, his wife
to me personally known to be the same person who executed the within
instrument of writing, and duly acknowledge the execution of the same.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed
my o~ficial seal on the day and year last written above.
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Notary Public
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SlATE Of KANSAS i" I /V J
COUNTY Of SA&.INE rei
FILED FOR RECORD IN MY (JfICE
ON DE 1 4 1962 AT
/ .. s ~'gpc -- M. ANPLDUlY RECORDED
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