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85-3758 Pipeline in ROW1 171 RESOLUTI.ON NUMBER 85-3758 A RESOLUTION GRANTING PERMISSION TO LAY PIPELINE IN PUBLIC RIGHT-OF-WAY WITHIN THE CITY LIMITS OF THE CITY OF SALINA, KANSAS. BE IT RESOLVED by the Governing Body of the City of Salina, Kansas; Section 1. The City of Salina (the "City") hereby grants permission to Robert F. Frobenius (the "Owner") to install a three inch (3") heavy duty plastic pipeline from an oil tank located near the northeast corner of Lot Six (6), Block Three (3), Eastridge Addition to the City of Salina, Kansas, northerly across Fairdale Road to the west side of the unpaved portion of said Fairdale Road as it proceeds north to a point opposite the southeast corner of Lot Twenty-four (24) , Block Two (2) , Country Hills Addition Number 2 to the City of Salina, Saline County, Kansas, thence northeasterly across Fairdale Road to the easement along the west side of said Lot Twenty-four (24), Block Two (2), Country Hills Addition Number 2, the exact location of which must be approved by the City prior to installation; subject to the following conditions: 1. Materials, plans and construction shall be approved by, or as directed by the City Engineer. 2. All trenching and excavation shall be backfilled and maintained by Owner at all times after completion of construction. 3. Owner shall relocate and/or regrade pipeline at any time . the City determines it is necessary. 4. Should the Owner fail to relocate or regrade pipeline within sixty (60) days following a written request from the City, the City shall have the right to remove the pipeline at Owner's expense. 5. Owner shall maintain the pipeline in good working condition and hold the City harmless from any liability that might arise from the installation, use or maintenance of the pipeline. Section 2. This permission is conditional upon an annual payment by the Ownerto ity of the sum of Five Hundred Dollars ($500), payable annually in advance on or before January 1 of each year. Section 3. This permission granted herein shall terminate upon abandonments the existing oil well, or failure to pay the annual rental fee. Section 4. The foregoing conditions shall be binding on all heirs, successors and assigns. Adopted by the Board of Commissioners and signed by the Mayor this 7th day of January, 1985. ar es of Mayor' [SEAL] ATTEST: N D. L. Harrison, City Clerk