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i-35 and i-70 parkROBERT B. DOCKING, Governor a �Iite Highway Commission of Kansas { JOHN D. MONTGOMERY, Director of Highways k�NSAs R. L. PEYTON, State Highway Engineer STATE OFFICE BUILDING TOPEKA, KANSAS 66612 April 30, 1969 Honorable William W. Yost Mayor City Hall Sth & Ash Salina, Kansas 67401 Dear Sir: ROBERT P. HAGEN Lawmam. Kansas BOB KENT Salina. Kaman HENRY SCHWALLER Hays, Kansas KARL A. BRUECK Paola, Kansas GALE MOSS El Dorado, Kansas LOUIS KAMPSCHROBDER Garden City, Kansas Enclosed is the original Grant of Easement for Public Park and Recreation Purposes, dated April 21, 1969, executed on behalf of the State Highway Commission and the City of Salina relating to the borrow area on the south side of Interstate Highway 70. The Commission will keep in touch with the City regarding progress of work in this borrow area and will notify the City promptly when the Commission's use of the area has ceased and it is ready to deliver possession to the City. truly yours, JOHN H. MORSE, Chief Attorney State Highway Commission JHM:fa Enc. cc: Mr. Robert A. Kent State Highway Commissioner Mr. John D. Montgomery Director of Highways Mr. John D. McNeal State Highway Engineer GRANT OF EASEMENT FOR PUBLIC PARK AND RECREATION PURPOSES THIS AGREEMENT is made this 91 day of Ct,',6.c,l 1969, by and between the State Highway Commission of ansas, herein- after designated "Commission" and the city of Salina, Kansas,herein- after designated "City": WHEREAS, the Commission has heretofore acquired the following described real estate in Saline County, Kansas, to -wit: The South Half (S 1/2) of the Southeast Quarter (SE 1/4) of Section Thirty-three (33), Township Thirteen (13), Range Three West (3W), of the Sixth Principal Meridian, for the purposes of construction and maintenance of its highways; and intends to use that portion thereof lying south of the right of way of interstate highway 70 for the purpose of removal of borrow material for the further construction of highway US 81; and the Commission has determined that upon completion of removal of necessary borrow material the continued use of that portion of said property lying south of the highway right of way will not be necessary for the purposes of the Commission, except that the scenic development thereof would enhance the appearance of its highway and benefit travelers thereon, and continued public control of such area would prevent unsightly or otherwise undesirable uses of the area along side the highway; and WHEREAS, it is proposed that the City undertake the scenic development of the area and the maintenance thereof for public park and recreation purposes and relieve the Commission of the responsibility for maintaining such area. NOW, THEREFORE IT IS HEREBY AGREED that the Commission grants to the City the use of that portion of the above described real- estate lying south of the Commission's right of way for interstate highway 70 for the purpose of a public park and recreation area, such grant being made upon the following terms and. conditions. a] There will be no access between the park area and the Interstate highway, unless otherwise specifically authorized in writing by the Commission; and the Commission will maintain an appropriate access control fence along its right of way line. b] The City shall not assume possession of the area for park purposes or authorize entry of the public thereon until the Commission has given the City written notice of termin- ation of its use of the area for removal of borrow material. c] From and after the commencement of the City's use of such park area, the City agrees to hold the Commission harmless against any loss or claim of loss, damage or injury arising out of the use of the area by the City or the public. d] The Commission reserves the right to enter upon the portion of the area adjacent to its right of way for the purpose of maintenance of its fence, its right of way, drainage or other facilities appurtenant to the highway; but will give advance notice to the City of any such entry as might interfere with the public use of the area and will restore any damage to the park area resulting from the Commission's maintenance operations. e] If the City ceases to use and maintain such area for the purposes herein provided, this grant and easement shall be subject to termination upon notice by either party; and the City shall have a reasonable time thereafter in which to remove any structures or fixtures which it may have upon the premises. IN WITNESS WHEREOF, the parties have executed this agreement the date first above written. THE STATE OF ATTEST: By Assistant State Highway Director Secretary THE R OF ALINE, KANSAS ATTEST: Mayor City Clerk