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Dedicate two streets designated as Upper Mill Heights and Upper Mill Terrace Mice: Book_ 9t Page / 7 GRANT OF TEMPORARY EASEMENT FOR STREET CONSTRUCTION This agreement made this 3rd day of September, 1970, between Upper Mill Development Company, Inc. , hereinafter referred to as "Development Company"; W. E. Mowery, hereinafter referred to as "Mowery"; and the City of Salina, Kansas , hereinafter referred to as the "City". RECITALS A. The Development Company and Mowery have platted Upper Mill Heights Addition No. 2, an addition to the City of Salina, Kansas, which plat has been approved by the City and has been duly recorded. B. The Development Company and Mowery dedicated two streets on said plat designated as Upper Mill Heights Drive and Upper Mill Terrace, and by said plat have granted to the City a 60-foot wide easement for said streets, all as shown on said plat, which is incorporated herein by reference. C. The City has informed the Development Company and Mowery that an additional 15 feet is required on each side of said 60-foot easement as a temporary easement to construct said streets in order to develop the proper shaping of ditch areas. AGREEMENTS 1. In consideration of the sum of $1.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, the Development Company and Mowery do hereby grant and convey to the City a temporary easement, for the purposes hereinafter set forth, of 15 feet, as needed on each side of the streets designated in the plat of Upper Mill Heights Addition No. 2 as Upper Mill Heights Drive and Upper Mill Terrace, said land being located in Saline County, Kansas . 2. The said easement is hereby granted.and conveyed to the City for the purpose of laying out and constructing said streets , using a four-foot shoulder and three to one ditch slope, for as long as said real estate is required and used for said purposes, or either of them, by -the City. The City is also hereby given permission to exca- vate in the flood easement between Lot 12 of said Addition and the river channel to the west to obtain 'necessary fill dirt for said streets , and the Development Company agrees to hold the City harmless for all excavation in the flood easement area, as defined by the Corps of Engineers. 3. The grant of this easement is made upon the express con- ditions that when the said streets have been constructed, and the slopes properly cultivated by the City, this easement is abandoned and vacated and all of the right, title and interest of the City to the said 15-foot strips by virtue of this instrument shall cease and the same shall revert to the respective owners, or their grantees, heirs, successors or assigns. 4. The City may take immediate possession of said real estate, and shall remove all fences which it deems necessary to lay out and construct said streets, and shall replace the same in a good and workmanlike manner and to a comparable condition before removal. 5. The City agrees to remove only the trees and shrubs that are necessary to construct the streets, and such removals shall be done in a good and workmanlike manner, and shall be disposed of by burning. The City further agrees to do everything within its power to preserve all trees and shrubs in the construction of said streets; to properly protect all trees in whatever manner necessary to provide adequate water and drainage for such trees; and to con- struct the slopes to and from the streets in such a manner as will maintain the subdivision's high standards . Miscl Book Y 2 Page / 7 6 ka Misc„Bbok• 9 Z _Page / 7' 7 r 6. The Development Company and Mowery hereby agree that the consideration expressed herein and the benefits to accrue to them from the laying out and constructing of said streets is in full and complete satisfaction for said temporary construction easement, and of all damages to them which may arise from the use of said real estate for the purposes herein set forth. UPPER MILL DEVELOPMENT COMPANY, INC. Attest: /, �� C�CGPkt, , By �� !� . � Imo: 'C. Dougl s "ller Aubrey G. `nville, Vice-President ,::\J-U .;JtGpC... Secretary /////7 r �, r '•`.- --; �_~` W. E. Mowery s . .. I�. ® " L•..': (tf.ICtfa� : SALINA CITY COMMISSIONERS ..;: Recommended: .�eQn^/ �'i✓ Mayor /� / Robert C. Caldwell City Engineer D an Boyer . Of / , /Z.. Com.uissioner Donal . P . Millikan Commi ••-f ar R Rundqui it ,a ' . dr.-...air's ,G ones Wi •am Wf ost Arts .(/r2 l Commissioner eon L. Ashton STATE OF KANSAS ) ) ss. COUNTY OF SALINE ) BE IT REMEMBERED, That on this ?rd: day ofSeptember, 1970, before me, the undersigned, a Notary Public in and for the County and State aforesaid, came Aubrey G. Linville and C. _Douglas Miller, Vice-President and Secretary respectively, of Upper Mill Development Company, Inc. , a corporation duly organized, incorporated. and existing under and by virtue of the laws of the the State of Kansas, who are personally known to me to be such officers, and who are personally known to me to be the same persons who executed, as such officers , the within instrument on behalf of said corporation, and such persons duly acknowledged the execution of the same to be the act and deed of said corporation. .IN TESTIMONY WHEREOF, I have hereunto set my hand and mc�y : affixed my notarial seal the day and year last above mentioned. 5�; d p - 3??.°l 3 r Notaq Public, Saline County, Kansas s s> Mary-Ann Chandler ili11 s:) © ,y 1' rT R'9_ Commission Expires: ;P ,:_ ' l7 )993 -2- -_ Misc: Book 9 K Page / 7 7 I � ,, Misr: BookJ�J Page / ! g STATE OF KANSAS ) ) ss. COUNTY OF SALINE ) BE IT REMEMBERED, That on this 3rd day of September-,' 1970, before me, the undersigned, a Notary Public'in and for ithe County and State aforesaid came W. E. Mowery, who is personally known to me to F'cri c:j•:: be the same person who executed the foregoing instrument of writing, •: 4:147±? ,9:`.:=and duly acknowledged the execution of the same. ti,i1 at W z_ IN TESTIMONY WHEREOF, I have hereunto set my hand and ., affixed my notarial seal the day and year last above written. Notary Public, Saline County, Kansas Mary-Ann Chandler My Commission Expires: CiAl,f II l9m STATE OF KANSAS ) ) ss. COUNTY OF SALINE ) BE IT REMEMBERED, That on this .:) 1 day of , 1970, before me, the undersigned, a Notary Public in and foyrt?' th County and State aforesaid, came ,.4ati '_. C„ d-4.,2f , Ue„,,ead yyzeiz,,_ and p z, % rt to me personally knofan to be the same persons who executed the within instrument of writing as Commissioners of the City of Salina, and duly acknowledged the execution of the same on behalf of the City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. O T fir ; 71 tad /161.4244.c.--, ..; ;. Notary Public, Saline County, Kansas /)U D • Y Donald L. Harrison C omission Expires: .. VN1 3/, /973 STATE OF KANSAS ( A/ COUNTY OF SALINE J SS• \ Y FILED FOR RECORD IN MY OFFICE ON . SEP 2 21970 AT I ' �0'CLO K M. AND ULY frECORDED - Chita_ VOL. DF i ZEZ7J OF DEEDS -3- �,M, bliss. Boob 9_L_Pag / 7g