Block 18
Misc. Book~_Page 3 / I-
GRANT OF PUBLIC SEWER RIGHT-OF-WAY EASEMENT
'71Í
This Grant of Easement, made and entered into this ,]L day
of October, 1974, by and between the Stdte Board of Education of the
Sta te of Kansas, hereinafter referred to as "Grantor'; and the City
of Salina, Kansas, a municipal corporation of Saline County, Kansas,
hereinafter referred to as "Grantee".
WITNESSETH:
WHER~S, the United States of America conveyed to the State
Educational Authority of the State of Kansas, by Quit Claim Deed
dated November 15, 1966, filed in the office of the Register of
Deeds of Saline County, Kansas, November 18, 1966 and recorded in
Book 268 of Deeds at pages 476-503, certain real estate including
the real estate hereinafter described, situated in Saline County,
Kansas, for the exclusive use of Schilling Institute, subject to the
condition that during a period of twenty (20) years from the date
of said Quit Claim Deed the Grantee will encumber or otherwise dispose
of said real estate or any part thereof or interest therein only as
the Department of Health, Education and Welfare of the United States
of America or its successor in function, in accordance with its
existing regulations, may authorize in writing¡ and
WHER~S, from May 13, 1965 until January 14, 1969, the said
State Educational Authority of the State of Kansas was designated
to be the State Board charged with planning, establishment, develop-
ment and control of the said Schilling Institute, as provided by
1965 Laws of Kansas, Ch. 422, Sec. 4 (repealed 1968) ¡and
WHEREAS, by enactment of 1968 Laws of Kansas, Ch. 235, Sections
2 and 3, effective from and after January 14, 1969, the name of
Schilling Institute was changed to Kansas Technical Institute and
the State Board of Education of the State of Kansas was designated
to be the board charged with planning, establishment, development,
and control of Kansas Technical Institute¡ and
WHEREAS, K.S.A. 75-2131 (1973 Supp.) provides that the governing
body of any state board having custody and control of any land
belonging to the State of Kansas, with or without receiving con-
sideration therefor, may grant or convey right-of-way easements across,
over, upon or under any such state land to any municipal corporation
owning or operating any public utility, that such easements may
include rights of ingress or egress for the purpose of constructing,
maintaining or removing any pipeline, sewer or other public utility
installation or any equipment or appurtenances necessary to the
operations thereof, provided, however that any such easement, before
becoming operative, must first be submitted to the director of
architectural services for approval or rejection and any easement so
granted shall be submitted to the Attorney General for approval as
to form¡ and
WHEREAS, the City of Salina, Kansas, Grantee, owns and operates
a public utility sewer for the benefit of the citizens of the City
of Salina, Kansas, and has requested that the State Board of Education
of the State of Kansas grant a right-of-way easement across, over,
upon and under the real estate hereinafter described for the con-
struction, maintenance and removal of a public sewer thereon, all at
no cost, present or future, to the State of Kansas¡ and
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Misc. ~o()~ / ð 9 Page 3 / ~
Misc. Book /0 1
Page 3/5
WHER~S, the state Board of Education of the state of Kansas
has determined that the grant of such sewer right-of-way easement
will not be detrimental to the best interests of Kansas Technical
Institute and that the grant of such sewer right-of-way easement
would be in the best interests of the state of Kansas for the benefit
of its citizens and the city of Salina, Kansas, and
WHER~S, the State Board of Education has determined that it
should retain, for the State of Kansas, the right and privilege of
using the sewer at no cost or charge therefor, by the City of Salina,
Kansa s .
NOW, THEREFORE, In consideration of the foregoing, the mutual
covenants hereinafter set forth and other good and valuable con-
siderations, the receipt and sufficiency of which is hereby
acknowledged, the State Board of Education of the State of Kansas
does hereby grant, bargain, sell, transfer and convey to the City of
Salina, Kansas, a municipal corporation of Saline County, Kansas, its
successors and assigns, an easement with the right to construct,
maintain, operate and remove a public sewer line and any equipment or
appurtenances necessary to the operation thereof, across, over, upon
or under that certain real estate described and referred to in
Schedule A, attached hereto and made a part hereof, together with
the right of ingress and egress over grantor's adjacent lands for
the purposes for which the above-described grants are hereby granted,
all at no cost, present or future, to the State of Kansas, and re-
taining and reserving the right and privilege for the State of Kansas
to use said sewer, in the future, at no cost or charge from the City
of Salina, Kansas¡ PROVIDED, HOWEVER, said easement, before becoming
operative, must first be approved by the Director of Architectural
Services of the State of Kansas and approved by the Attorney General
of the State of Kansas as to form, and must be authorized in writing
by the Department of Health, Education and Welfare of the United
States of America in accordance with its existing regulations, and,
PROVIDED FURTHER, HOWEVER, if at any time the grantee shall abandon
said easement or attempt to devote said easement to a use different
from and inconsistent with the use for which such easement was granted,
this easement shall automatically terminate¡ PROVIDED FURTHER, HOWEVER,
that said grantee may conveyor assign said easement to its successor
for the continuation of the use for which said easement is hereby
gra nted.
IN WITNESS WHEREOF, said Grantor has caused this easement to
be executed as of the day and year first above written.
STATE BOARD OF EDUCATION OF THE
S'ffi TE OF KANSAS .
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By ./r,£.;," .<. c ...~... ~,-------,
/Mhn W. zi
GRANTOR
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Mi~c. Book /0 '_Page 3/..::J
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Misc. Book I 0 i-Page 3 J ~
STATE OF KANSAS
COUNTY OF SHAWNEE: ss
'þ1r
On this J.j day of October, 1974, before me, personally
appeared JOHN W. FRAZIER, who acknowledged himself to be the Chairman
of the STATE BOARD OF EDUCATION, S'ffiTE OF KANSAS, and that he, as
such Chairman, being authorized so to do, executed the foregoing
instrument for the purposes therein contained, by signing the name
of the STATE BOARD OF EDUCATION, STATE OF KANSAS, by himself as
Chairman.
IN WITNESS WHEREOF, I have hereunto set my hand and official
sea 1.
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Catherine Coder - Notary Public
I, MARGARET VAN HORN, Secretary of the STATE BOARD OF EDUCATION,
STATE OF KANSAS, attest that the signature of JOHN W. FRAZIER, is
his own true signature, that he is the duly elected Chairman of
the STATE BOARD OF EDUCATION, STATE OF KANSAS, and that he is duly
authorized by resolution of the STATE BOARD OF EDUCATION, STATE OF
KANSAS, to sign the foregoing instrument on behalf of the STATE
BOARD OF EDUCATION, STATE OF KANSAS.
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Marg~ Van Horn
Secretary
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APPROVAL OF
DIRECTOR OF ARCHITECTURAL SERVICES
The foregoing instrument is hereby approved in accordance with
the provisions of K.S.A. 75-2131 (1973 Supp.) by the Director of
Architectural Services of the State of Kansas.
DIRECTOR OF ARCHITECTURAL SERVICES
OF THE STATE OF KANSAS
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Lo is J. ueger
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Misc. Book
/0 ¡Page 3/(,
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Mise, Book
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APPROVAL AS TO FORM BY THE ATTORNEY GENERAL
The foregoing instrument is hereby approved as to form in
accordance with K.S.A. 75-2131 (1973 Supp.) by the Attorney General
of the State of Kansas.
ATTORNEY GENERAL OF THE
S'ffiTE OF KANSAS
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1:fisc. Book / 0 , Page...3 J 1
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THE CErr~LINE OF A 15.0 fOOT SANITARY SEWER EASErIENT LOCATED IN THE SOUTHEAST
QUARTE (SE~) OF SECTION n'¡ENTY-SEVEN fu\jO IN THE NORTHEAST QUARTER (NE~) OF
SECTION TIiIRTl-FOUR, TOWNSHIP FOURTEEN SOUTH, RANGE THREE \fEST OF THE SIXTH
PRINC!?~\L ~IERIDIA..'I, KNOWN AS PART OF BLOCK EIGHTEEN SCHILLING ADDITION OF
SALINE COUNTY, Kfu~SAS, AND BEING MORE PARTICUIÂRLY DESCRIBED AS FOLLOWS:
FROM 'r::;:::: SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER (5£1-,) OF SECTION T'>lENTY-
SEVEN ~;CE;N 89° 46' 54" \.¡ ALONG TIlE SOUTH LINE OF SAID SOUTHEAST QUARTER'
(SE!t;) A ï)LSL\..~CE OF EIGHT HUNDRED SEVENTY-FOUR AND TWO HUNDREDTHS ð874. 02)
FEET TO -:'"lE WEST RIGHT-OF-WAY LINE TO CENTENNIAL ROAD; THENCE N 00 06' 24" \-1
ALONG ~ RIGHT-Of-WAY A DISTk\jCE OF EIGHTY-ONE FEET TO THE POINT OF BEGINNING;
THENCE ~; 89° 46' 54" t.¡ A DISTANCE 'oF THREE HUNDRED FORTY-THREE AND FORTY-NINE
HUNDREDTES (343.49) FEET; THENCE S 29° 17' 2J" H ^ DISTANCE OF T\\O HUNDRED
FORTY-r~vc fu~ NINETY-SEVEN HUNDREDTHS (245.97) FEET; SAID EASfu~NT CONTAINING
0.20 ACRES HORE OR LESS.
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FILE
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¡COM PANY
E"'GI"~~R'\ t
ARC "IT~CTS
7~-24A
DATE
JULY 1974
Schedule A, Page_~_.
Misc. Book
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Misc. Book~ Page 3:20
SA-VI-25 (FY 1967)
Amendment No.1
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CONsmr TO EASEMENT
WHEREAS, by deed dated November 15, 1966, certain real property located
in Saline County, Kansas, was conveyed by the UNITED S'ffiTES OF AMERICA to
the State Educational Authority of the State of Kansas (now known as the
State Board of Education of the State of Kansas), for the exclusive use of
Schilling Institute (now known as Kansas Technical Institute), hereinafter
called the GRAN'roR, for educational purposes; and
WHEREAS, the said deed contained certain conditions and restrictions
including a prohibition against the sale, lease, IIDrtgage, enClmlbrance or
other disposal of any portion of the property thereby conveyed or any
interest therein without the consent of the UNITED S'ffiTES OF AMERICA; and
WHEREAS, the City of Salina, Kansas, hereinafter called the GRANTEE,
wishes to obtain an easerœnt across a portion of said property, described
hereinafter, for a public sewer right-of-way, which easerœnt will enhance
the over-all value of the property for educational purposes by iJrproving the
sa-ærage service provided by the City of Salina¡ and
WHEREAS, the GRAN'IOR desires to grant and confinn unto the GRANTEE the
said easerœnt for as long as said property is used for the said purposes
described hereinbefore; and
WHEREAS, the Secretary of Health, Education, and Welfare, acting under
and pursuant to the provisions of section 203 (k) (2) of the Federal Property
and Administrative Services Act of 1949, as amended (63 Stat. 377), here-
inafter called the Act, has power to consent on behalf of the United States
and desires on its behalf to consent to the said grant by the GRANTOR of
the easement unto the GRANTEE¡ and
WHEREAS, notice of the proposed action to be taken has been given to
the Administrator of General Services in accordance with the provisions of
the Act and he has not inteJ:POsed objection thereto¡
NeW' THEREFORE, in consideration of the pranises and the observance and
performance by the GRANTOR of the covenants and oondi tions hereinafter
Misc. Book
¡Or Page 3.2.0
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- 2 -Misc. Book_l_q~2--_._Page 3.2-/
contained, the UNITED S'ffiTES OF AMERICA, acting by and through the
Secretary of Health, Education, and Welfare, under and pursuant to the
authority contained in the Act, does hereby give its consent to the execution
by the State Board of Education of the State of Kansas of an easerœnt unto
the said GRANTEE for a public sewer right-of-way on the follCMing described
property located in Saline County, Kansas, to wit:
The centerline of a 15.0 foot sanitary sewer easerœnt located
in the southeast quarter (SE 1/4) of section twenty-seven and
in the northeast quarter (NE 1/4) of section thirty-four, tcMnship
fourteen south, range three west of the sixth principal rœridian,
knavn as part of block eighteen Schilling Addition of Saline
County, Kansas, and being rrore particularly described as follows:
Fran the southeast comer of said southeast quarter (SE 1/4)
of section twenty-seven thence; N 89° 46' 54" W along the south
line of said southeast quarter (SE 1/4) a distance of eight hundred
seventy-four and two hundredths (874. 02) feet to the west right-of-
way line to Centennial Road¡ thence N 00° 06' 24" W along said
right-of-way a distance of eighty-one feet to the point of beginning;
thence N 89 ° 46' 54" W a distance of three hundred forty-three and
forty-nine hundredths (343.49) FEET¡ thence S 29° 17' 23" W a distance
of two hundred forty-five and ninety-seven hundredths (245.97) feet¡
said easerœnt containing 0.20 acres rrore or less.
'Ibis Consent by the UNITED S'ffiTES OF AMERICA to the easerœnt is subject
to the follCMing tenns and conditions:
1.
The said easerœnt shall be expressly made subject to the
rights of the UNITED STATES OF AMERICA as provided for in
the said quitclaim deed dated N:>vernber 15, 1966, herein-
above rrentioned.
2. A copy of this instrurrent of consent shall be attached
to and made a part of the instrurœnt granting the said
easerœn t .
IN WITNESS WHEREOF, the UNITED S'ffiTES OF AMERICA has caused this
instrurœnt to be executed this 30th day of
September
,1974.
UNI'I$D..~TES OF AMERICA
Acting þy/ and thr.ç>ugh the '
Secre;t&;;5.'Y of ~~, EduC~f"ión ~ and Welfare
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Max Milo Mills, Regional Director
Depart:Iœnt of Health, Education, and Welfare
Region VII
Misc. Book / 0 1
Page .3:2/
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STATE OF MI SSOURI )
)ss
=: ~t ~red that 0
1974, befor: -:~,~ ,u-Â
II
for Jackson County, Missouri,
f j/
this 30 -ciday of ~~F--t-<...-'-) ,
a , a Nota1:y Public in and
personally appeared Max Milo Mills, Regional
Director for the Deparbœnt of Health, Education, and Welfare, Region VII,
mo is personally known to Iœ, and who is known to Iœ to be the Regional
Director for the Departrænt of Health, Education, and Welfare, and as the
identical person mose narœ is affixed to the foregoing instrurrent, and he
duly acknowledged the execution of the sarœ for and on behalf of and as the
free act and deed of the UNITED S'ffiTES OF AMERICA acting by and through the
Secretary of Health, Education, and Welfare.
IN WITNESS WHERIDF, I have hereunto set IT¥ hand and affixed ~ seal
at ~~RIt~¡,City, Missouri,
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the day and ~ar, last above written.
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Ma rgaret M. Buis
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STATE OF KANSAS }
COUNTY OF SALINE ss,Qr )
fILED FOR RECORD IN MY OFFICE
ON OCT 8 1974 AT
4-.~O'CLOCKL.. AND Dill V f?fCOR"!fþ
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