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Tract 4 (5) Mise. Bk lJ) t Pi -Y;lf? MAINTENANCE EASDENT RELEASE AND INDEMNIFICATION The Undersigned, Merle A. Rowan and Linda K. Rowan, husband and wife, (the "Grantor"), owner of record of the real estate described at Saline County Register of Deeds Office Deed Book 341, Pages 453-454, hereby grants to the City of Salina, Kansas (the "ci ty") a maintenance easement, in perpetuity, over the North Twenty-five feet (25') of the following described real estate: Tract D: The East Seventy-seven (77) feet of the West Two Hundred Ninety-two (292) feet of the following described tract: Beginning at the Southwest Corner of Lot Seven (7), Block One (1), Cloverdale Addition to the City of Salina; thence East to a point Seventy (70) feet West of the Southeast corner of Lot One (1), Block One (1), Cloverdale Addition to the City of Salina, to the right- of-way of a switch track of the Missouri Pacific Railroad; thence Southwesterly along said switch right- of-way to the right-of-way of the main way of the main track of the Missouri Pacific Railroad; thence Southwesterly along the right-of-way of the main track of the Missouri Pacific Railroad to a place due South of the point of beginning; thence North to the place of beginning; being a part of Tract #4 of the Thomas White Farm Subdivision, all in Saline County, Kansas. for the purpose of accessing and maintaining the private drive that continues east from the easternmost end of Prospect Avenue (the "Private Drive") in such manner and at such times as the Director of General services for the City determines appropriate. In consideration for any maintenance work performed by the City, Grantor hereby RELEASES, INDEMNIFIES and HOLDS HARMLESS the City, its officers, and its employees from any claims and expenses (including reasonable attorney fees) resulting from personal injury or property damage arising from the performance of maintenance work by the City within the maintenance easement granted herein. Grantor further acknowledges awareness of and consents to the posting of the Private Drive by the City with a sign which shall state "minimum maintenance, travel at your own risk." These covenants shall run with the land and shall be binding upon Grantor and Grantor's heirs and assigns. Executed this LB day of ~, 1993. I 1 ~ (.øI!.eCJ K. Rowan ~ Misc. Bk ~ Pi S;Z., ~i~<A Pi k ~L'ÇL4<// 1 da K. Rowan STATE OF KANSAS COUNTY OF SALINE, SS: On this /9; day of F-P~ , 1993, before me a Notary Public in and for said state, personally appeared Merle A. Rowan and Linda K. Rowan, husband and wife, known to me to be the persons who executed the within Maintenance Easement Release and Indemnification and acknowledged to me that they executed the same for the purposes therein stated. ~ My ~ ~:~;:~~;:~~~~ ~,r ;;~... ifJ ~ / ~ ð {5 ~c S7ATE OF KANSAS } 'L I '\ COUNTY OF SALINE 55. I"\. J FILED FOR RECORD IN MY OFF CE ON FrS 2 6 1993 AT ~ :Q.QO'CLOCK!~l A.~;~ RECORDED VOL. 0 T PAGQ';'? g ,3d? . REG. OF DEEDS ,~ ~'fJC ß