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Grant ROW Calkins Add H5115 SA-32 GRANT OF RIGHT OF WAY For and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, the undersigned Grantor(s), hereinafter referred to as Grantor, does hereby grant, convey and warrant unto THE KANSAS POWER AND LIGHT COMPANY, (Grantee), its successors, assigns and lessees the right and easement to erect, alter, reconstruct, operate and maintain under varying conditions of operation, renew, replace, relocate, and remove electric transmission and distribution lines, the wood and steel poles and towers, anchors, guys, crossarms, insulators, conductors, underground conduit, ducts, cables and other equipment appurtenant thereto for the transmission and distribution of electric energy in, alongs 'i1der, across and over certain lands owned by Grantor situated in a ne County, State of Kansas and described as follows: Lot Forty-six (46), Block Three (3), Calkin's Addition to the City of Salina, Saline County, Kansas Said electric line easement described on attached EXHIBIT "A". together with the right of ingress to and egress from the above described land and contiguous land owned by Grantor for the purpose of surveying, erecting, constructing, maintaining, inspecting, rebuilding, replacing and repairing Grantee's lines which shall be located upon the land specifically described above. Grantee shall have the further rights to erect, maintain and use gates in all fences which cross or which shall hereafter cross the route of said lines together with the right to trim, remove, eradicate, cut and clear away' any trees, limbs and brush on above described land now or at any future time. Grantee shall have the further right to trim and clear away any trees, limbs. and brush on lands adjacent to above described right of way whenever in its judgment such will interfere with or endanger the construction. operation or maintenance of said lines. Grantee shall at its election have the right to remove said trees. limbs, and brush by bul'ldozing. All logs. limbs and brush shall be burned or removed by the Grantee unless otherwise agreed to by Grantor. In exercising its right of ingress and egress the Grantee shall. whenever practicable. use existing roads or lanes. and shall repair any damage caused by its use thereof. The Grantor, his heirs or assigns, may cultivate, use and enjoy the land above described. provided such use shall not in the judgment of Grantee. interfere with or endanger the construction, operation or maintenance of said lines, and provided further that no improvements or buildings shall be constructed on the said right of way without the prior written consent of the Grantee's Regional Vice President. Grantee shall repair any physical damage to property of Grantor, or pay any substantial damages on account of physical injury to property of Grantor by the erection, reconstruction. operation, and maintenance under varying conditions of operation, renewal, .and removal of said lines, said damages. if not mutually agreed upon, shall be ascertained by three disinterested persons. one of whom shall be selected by each, Grantor and Grantee, their heirs or successors. assigns or lessees, and the third by the two so selected. The damages determined by such persons. or a majority of them, shall be conclusive as to the facts. This grant shall be binding upon the heirs, successors and assigns of the undersigned. WITNESS 19 88 City of BY : the hand of the Grantor, this 19 day of August , Biles, Clerk Western_:yope/~es BY: '~~~e~t( L. Ba~~er Attest: . ~ ~ QA;xr Ronald A. Ellio~ 85-E-l SA-J2 #5115 . . .". i .. Descripfion Lincoln Ave. D" ./C '"'B A-'" A-la' S of NW Cor. of Lot 46 of Blk. 3 in Calkin's Addition, Sec. 12, T-14-S, R-3-W. B - 10' S of NE Cor. of Lot 46 of Blk. 3 in Calkin's Addition, Sec. 12, T-14-S, R-3-W. C - NE Cor. Lot 46 Blk. 3 Calkins Addition Sec. 12, T-14-S,R-3-~. D - ~~~ Cor. Lot 46 Blk. 3 Calkins Addition Sec. 12, T-14-S,R-3-~-l. + + t + LOT 46 OF. BLK. 3 IN CALKIN'S ADDITION Township 14-8 18579 4 3 2 3-W Range SALINE County ~XHIBIT 1/ A" ~ THE KANSAS POWER AND UGHT CO"ANY m 11. KANSAS AVE. P.O. BOX ... Btu TOPEKA. KANSAS 11101 TITLI OWG. fIfO. IlfY I DCIC'U"lON Oil" IT ow.. IY: DFH CHIC.IY: DFH ..... ..,: 0.03 DATf: 4-20-88 SCALI: 1"=100' WO.NO. 5115 CRAWFORD TO SALINA MAIN SA-32 SHEET NO. "Ev. 1 OF 1 SA-)2 #5115 ACKNOWLEDG MENT STATE OF ) ) SS: ) Kansas COUNTY OF Saline I, Joseph N. Wurtz, Notary Public, do hereby certify that, Robert L. Baier, managing partner of Western Properties , and Ronald A. Elliott, personnel director of Wilson & Company, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me in person and acknowledged that they signed, sealed and delivered the said instrument in their capacity as their free and volun- tary act, for the uses and purposes therein set forth. Given under my hand and seal this 19th day of August, 1988~ Joseph N. Wurtz Notary Public State of Kansas ~~?:~ MY Appointment Expires: July 1st, 1989 , ~ _ ..:_T_........ .~,...,......,...~_..._"-:-._,.......,. ...__....-___._-,. __,.__~~~-_-...-.-.-..~~ ~,-.....,_. ~,. __-- ,-_ _T_ - -....-- - -~-- . ~ - .. "~ - - .~- .. .._~. ~ .---'-, ,~ -.' ," ". ~ , " .. , . "~ . ... ,', "' -.- .. . . . ~,,' \. ",' SA-32 #5115 CORPORATE ACKNOWLEDGMENT STATE OF KANSAS SS: COUNTY or SALINE On this day of SEPTEMBER , 1988 , before me, a Notary Public in and for said County and State aforesaid, personally appeared Sydnev Soderbero. Mavor andRobert K. Biles, Clerk to me personally known, beinq by me duly sworn, did say that the said ~ynnpy ~nn~rh~rq is the Mayor , and the said ~nhprT K' 'R; 1 ~!=: is the ~~ary Clerk of ("; t-y n-F ~;:l1; n;:l , the corporation that executed the foreqoinq instrument, and that the seal affixed to the foreqoinq instrument is the corporate seal of said corporation, and that instrument was siqned, sealed and delivered in the name and on behalf of said corporation by authority of its Board of Directors, and said ~ynnpy ~odprhprq, M;:lyor and ~nhprT K' 'R; 1 P!=:, ("1 prk acknowledqe said instrument to be the free and voluntary act and deed of said corporation. WITNESS my hand and seal the day and year last above written. My Appointment Expires: Notary Public