W2-SW4-36-T13S-R3W (2)
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UTILITY EASEMENT
The Indenture, made this 1-7 daYOf¥, 1999, by and between
DIESEL EQUIPMENT CO., INC., a Delaware Corporation, with principal offices at Liberty,
Clay County, Missouri, Party of the First Part and THE CITY OF SALINA, KANSAS, a
municipal corporation, Party of the Second Part, WITNESSETH:
That the said Party of the First Part for a good and valuable consideration receipt
and sufficiency of which is hereby acknowledged, do by these presents, grant, bargain, sell
and convey unto said Party of the Second Part a utility easement in, over and across
certain portions of land owned by the First Party, more particularly described as follows:
Tract No.1
A tract of land in the West Half (W. 1/2) of the Southwest Quarter (S.W. 1/4) of Section 36,
Township 13 South, Range 3 West of the 6th P.M. in Saline County, Kansas, being more
particularly described as follows:
Beginning at a point on the South right-way line of 1-70 Highway and thirty (30) feet West
of the East line of the West Half (W. 1/2) of the Southwest Quarter (S.W. 1/4) of said
Section 36; thence Southwesterly along said South right-of-way line a distance of two
hundred thirty-five and seventy-seven hundredths (235.77) feet to a point that is two
hundred sixty-five (265.00) feet N 90o00'OO"W of the East line of the West Half (W. 1/2) of
said Southwest Quarter (S.W. 1/4); thence S OooOO'OO"E a distance of twenty and three
hundredths (20.03) feet; thence Northeasterly along a line parallel with said South right-of-
way line to a point thirty (30) feet west of the East line of the West Half (W.1/2) of said
Southwest Quarter (S.W. 1/4); thence N°OO'OO"E a distance of twenty and seven
hundredths (20.07) feet to the point of beginning. Said tract contains 0.108 acres more or
less.
Tract No.2
A tract of land in the West Half (W. 1/2) of the Southwest Quarter (S.W. 1/4) of Section 36,
Township 13 South, Range 3 West of the 6th P.M. in Saline County, Kansas, being more
particularly described as follows:
Commencing at a point on the South right-of-way line of 1-70 Highway and thirty (30) feet
West of the East line of the West Half (W. 1/2) of the Southwest Quarter (S.W. 1/4) of said
Section 36; thence S OooOO'OO"W parallel with the East line of the West Half (W. 1/2) of
said S.W. 1/4 a distance of three hundred fifty-nine (359) feet; thence N 90o00'OO"W a
distance of two hundred forty-five (245) feet to the point of beginning; thence N OooOO'OO"E
a distance of three hundred thirty-nine and fifty-three hundredths (339.53) feet to the South
right-of-way line of 1-70 Highway; thence northeasterly along said right-of-way line a
distance often and two hundredths (10.02) feet; thence S OooOO'OO"W, a distance of three
hundred forty and eight hundredths (340.08) feet; thence N 90o00'00"W a distance of ten
(10) feet to the point of beginning. Said tract contains 0.078 acres, more or less.
Party of the First Part acknowledges (1) that the width of the utility easement
described as Tract 2 above (the "easement") is limited to ten feet (10') with the intent that
the water line installed in the easement is located within the stated dimension of the
easement and (2) that operation of equipment and temporary storage of excavated
material and supplies, etc. to be used in the installation and maintenance of the water line
will require Party of the Second Part to reasonably enter upon the property of the Party of
the First Part adjacent to the easement; therefore, Party of the First Part grants to Party
of the Second Part, in conjunction with the grant of the easement, the right of Party of the
Second Part to reasonably enter upon the property of Party of the First Part adjacent to the
easement for the purpose of performing installation and maintenance operations pertaining
to the water line installed in the easement
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Russell D. Redburn, President
Bill D. Allen, Secretary
STATE OF MISSOURI, CLAY COUNTY, ss:
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BE IT REMEMBERED, that on the ~ day of '~I' fÞ_'~ 1999 before
me the undersigned, a Notary Public in and for the county {nd state aforesaid came
Russell D. Redburn, President of DIESEL EQUIPMENT CO., INC., a corporation duly
organized incorporated and existing under and by virtue of the laws of the State of
Delaware who is personally known to me to be such officer and who is personally known
to me to be the same person who executed as such officer the within instrument of writing
on behalf of said corporation, and such person duly acknowledged the execution of the
same to be the act and deed of said corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affix.~d my official
seal the day and year last above written.
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NOTARY PUBLIC
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My Commission Expires: '-1 ø - ø ~
TOMMY K. TOMPKINS
Notary Public
State of Missouri
Commissioned In Clay Co-
My commission expIl'II~ c'/
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STATE OF KANSAS } C ~
COUNTY OF SALINE ss. v
FILED FOR RECORD IN MY OfFICE
ON OCT - 4 1q99 AT
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