Easement for Tank Battery and Improvements
EASEMENT FOR TANK BATTERY AND RELATED IMPROVEMENTS
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This Easement is granted, this J( tJL day of 'J.~ '
1984, by the city of Salina, Saline County, Kansa~, herein-
after referred to as the "CITY", unto GARO Investment
Company, a partnership composed of Gary D. Ray and Robert D.
Smith, as partners, hereinafter referred to as "GARO".
WITNESSETH, that:
WHEREAS, the CITY is the owner of the following de-
scribed real estate, to-wit:
The West Half of the East Half (W/2 E/2) and the
East Half of the Northwest Quarter (E/2 NW/4) of
Section Twenty (20), Township Fourteen (14) South,
Range Two (2) west of the 6th P.M., in Saline
County, Kansas;
except a 6.08-acre tract which is owned by the Planters Bank
and Trust Company, of Salina, Kansas, as Trustee of certain
trusts established by Dwight L. Graves, deceased, John A.
Graves, deceased, William H. Graves and Lowell P. Graves;
and
WHEREAS, the CITY is the owner of the entire lessor's
one-eighth royalty interest, and GARO is the owner of the
entire seven-eighths working interest under that certain Oil
and Gas Lease dated January 22, 1963, from the CITY, as
lessor, to the Don McKellar, d/b/a Don McKellar Oil Explora-
tions, as lessee, recorded in Book 25 of O&G at Pag-
es 197-198, covering the following described real estate,
to-wit:
The West Forty (40) Acres of the East Half of the
Northwest Quarter (E/2 NW /4) of Section Twenty
(20), Township Fourteen (14) South, Range Two (2)
West of the 6th P.M., in Saline County, Kansas;
under which Lease GARO is operating a producing oil well
approximately 275 feet South of Crawford Street, operating a
tank battery located on the 6.0B-acre tract owned by plant-
ers Bank and Trust Company, as Trustee, and operating access
roads, utilities, pipelines and appurtenances under and
across the North 1,800 feet of the land subject to said Oil
and Gas Lease; and
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WHEREAS, the 6. 08-acre tract on which the GARO tank
battery is located is situated near recently developed
residential properties and the CITY'S Municipal Golf Course,
and it is contemplated that the 6.08-acre tract will be
improved as a residential development within the near
future; and
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WHEREAS, the CITY is willing to grant an easement to
GARO for the relocation of its tank battery, access roads,
utilities, pipelines and appurtenances on, over and under
the CITY'S land first above-described, on the terms herein-
after set forth.
NOW, THEREFORE, in consideration of the foregoing and
as an inducement fer the relocation of the GARO tank bat-
tery, access roads, utilities, pipelines and appurtenances
to a location remote from residential development and the
City Municipal Golf Course, the CITY does hereby grant unto
GARO Investment Company, a partnership, the right, privilege
and easement to construct, operate, maintain, remove and
replace an oil tank battery and related equipment and
appurtenances on a tract of land 72 feet by 120 feet, more
particularly described as follows:
See Exhibit A attached hereto.
together with the right, privilege and easement to con-
struct, operate, maintain, remove and replace access roads,
utilities, pipelines and appurtenances thereto over, across
and under the CITY'S land first above-described, at such
locations as shall be reasonably necessary or appropriate to
the purposes for which this Easement is granted, together
with the right, privilege and easement for ingress and
egress across said land for the purpose of constructing,
operating, maintaining, removing and replacing said tank
battery, access roads, utilities, pipelines and appurtenanc-
es thereto.
The rights, privileges and easements herein granted
unto GARO shall remain in effect so long as said Oil and Gas
Lease dated May 22, 1963, shall remain in effect. The
rights, privileges and easements herein granted unto GARO
shall be appurtenant to the lessee's interest under the said
Oil and Gas Lease dated May 22, 1963, and shall be binding
upon and inure to the benefit of the CITY and GARO and their
respective successors and assigns.
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IN WITNESS WHEREOF, the CITY has caused this Easement
to be executed on its behalf by its duly authorized Mayor,
and to be attested by its duly authorized City Clerk, as of
the day and year first above written.
CITY
OF SALINA, KANSAS
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Charles B. Roth, Mayor
BY:
Attest:
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D. L. Harrison, City Clerk
STATE OF KANSAS, COUNTY OF SALINE, SS.
On this ij'.:r~ day of ~uY\.rJ ' 1984, before me,
the undersigned, a Notary Pub c in and for the County and
State aforesaid, personally appeared Charles B. Roth the
person known to me to be the identical person who signed the
name of the City to the within and foregoing Easement as its
Mayor and who acknowledged to me that he executed the same
as his free act and deed and as the free and voluntary act
and deed of said municipal corporation for the uses and
purposes therein set forth.
Given under my hand and seal the day and year last
above written.
7:L!1.~ a:L/L#-
Notary public
~
Y. E. ABIOn
NOTARY PUBLIC
STATE OF KArtUl
My Appointment Expires:
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EXHIBIT A
The tract of land within which the 72' x 120' tank battery
si te may be selected and located by GARO is described as
follows:
A tract of land in Section 20, To'Vmship 14 South,
Range 2 West of the 6th principal Meridian as follows:
Beginning at a point on the east edge of the main
runway of the old Salina Municipal Airport, which
is 929.65 feet N-790-00'E along the north line of
Section 20, Township 14 South, Range 2 West of the
6th P.M., in Saline County, Kansas, and 2620.10
feet S-10 0-50' E, of the northwest corner of the
northeast quarter of said Section 20,
Thence N-790-10'E, a distance of 225.00 feet;
Thence S-100-50'E, a distance of 150.00 feet;
Thence S-790-10'W, a distance of 225.00 feet;
Thence N-100-50'W, a distance of 150.00 feet, to
the point of beginning, containing 0.775 acres
more or less.
GARO shall have the right to use the balance of the above-
described .775 acre tract for improved roads for access from
the main runway of the old Salina Municipal Airport to, from
and around said 72' x 120' tank battery site.
APprrQd: r~'
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Charles B. Roth, Mayor
Attest:
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D. L. Harrison, City Clerk
Recomm
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