Easement VacationMr. Shawn O'Leary
City of Salina
300 West Ash Street
Salina, Kansas 67401
Re: Consent Agreement
Dear Mr. O'Leay:
We have reviewed your plans dated September 1997. Subject to the conditions outlined
in this consent letter ("Consent"), Western Resources will consent to the following installation or
activities by the City of Salina, Kansas (referred to herein as "you"): Install 160 Lineal Feet of 36
inch RCP hichlichted in green. one Manhole marked #4 also highlighted inre een, and a
Detention Pond hiehlighted in purple as shown on "Exhibits A & B" dated December 17 1997
(Located in the Northeast 1/4 of the Northeast t 1/4 of Section 2 Township 15 South Range 3
West. Saline Co.. Kansasmore specifically near our structure #386 for our 115kV overhead
electric transmission line 115-13, Smokey Hill - West McPherson Substation.)
on or within our existing overhead electric transmission line easement in this area. This Consent is
subject to the following conditions:
1. Easement Modification You will change the existing 60 foot wide Drainage & Utility
Easement to a 30 foot wide Drainage Easement highlighted in pink and a 20 foot wide
Utility Easement highlighted in blue as shown on "Exhibits A & B" dated December 17,
1997.
2. Facility Isolation Neither you nor your contractor(s) will locate or construct any
installation or structure within 10 feet of Western Resources' existing facilities.
3. Facility maintenance and operations. You may not conduct any activity, alter the
property or make any installation which would impede Western Resources' vehicle access
at all times to all poles affected by this Consent.
4. Power line safety. You and any personnel hired or equipment used by you or your
contractor(s) must maintain a minimum approach distance of 20 feet from all overhead
wires. Further, you must comply with the Kansas Overhead Power Line Accident
Prevention Act, at KSA 66-1701 et seq., to the extent the Act applies to your work
hereunder.
5. Prior notification. You or your contractor(s) must give Western Resources at least
forty-eight hours notice , prior to the start of any work in the easement area. Please
provide such notice by contacting Western Resources' Supervisor Transmission Line
Maintenance, at 785-575-1608.
6. Indemnification. You hereby agree to assume all risk and liability for accidents and
damages that may occur to persons or property on account of any work or activities
conducted on or near Western Resources' easement or facilities by you or on your behalf,
whether conducted by you, your agents, employees, contractors or subcontractors or
other persons acting on your behalf. You further agree to indemnify, hold harmless and
defend (including costs and attorney fees) Western Resources, Inc., from any and all costs,
liabilities, expenses, suits, judgments, injuries or damages to persons or property, or claims
of any nature whatsoever arising out of or relating to this Consent or the work or activities
contemplated herein, and whether caused by you, your agents, employees, contractors, or
subcontractors, or other persons acting on your behalf.
This Consent is based on your plans identified above. Should your plans change, please
notify me immediately, so we can modify the requirements in this Consent, if necessary.
Please indicate your acceptance of and agreement to be bound by the conditions outlined
in this Consent, by signing in the manner provided below, and returning one signed original copy
of this Consent to me at the address listed above. Upon our receipt of such fully -executed
Consent, and subject to the conditions described herein, we will permit you to proceed with your
construction in accordance with the plans as described herein. Otherwise, please call me if you
have questions about this Consent, or the conditions described herein.
AGREED TO AND ACCEPTED this
By:
P&ter F. Brungardt
Title: Mayor
Address: 300 W. Ash Street
Phone: (785) 826-7250
Sincerely,
WESTERN RESOURCES, INC
Allen R. Ackland
Manager, Transmission Engineering
21stday of September , 1998