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YMCA Dr Pedestrian Path MICROFilMED MAY 1 a t078 Mise Book / L!L Page 67 ð 6 By SALINE COUNTY AGREEMENT I MD ME NT, made thi s /{1 iÆ day of May, 1976, by and between the YOUNG MEN'S CHRISTIAN ASSOCIATION, of Salina, Kansas, hereinafter called "Grantor"; and the CITY OF SALINA, KANSAS, a municipal corporation existing under and by virtue of the laws of the State of Kansas, hereinafter called "Grantee". WITNESSETH: WHEREAS, the Grantor is the owner of certain lands which are known as the YMCA Addition to the City of Salina, Saline County, Kansas, and which contain a portion of the Smoky Hill River; and WHEREAS, Grantee desires to have access to the said Smoky Hill River and the bank adjacent thereto for the purpose of stabilizing the same and for developing recreational or nature hiking and nonmotorized biking trails along said Smoky Hill River; and WHEREAS, Grantor desires to cooperate with such development and stabilization. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: (1) Grantor hereby grants to Grantee a non-exclusive easement to the Smoky Hill River and riverbank situated on the YMCA Addition to the City of Salina, Saline County, Kansas, in the event and at such time as said Grantee undertakes and funds a project for the stabilization of the Smoky Hill River bank and the development of recreational or nature hiking and nonmotorized biking trails on the above described property. (2) It is understood that any such development and the maintenance thereof by Grantee shall be at no cost or expense to Grantor, either by special assess- ment or otherwise. (3) Grantee shall, before commencement of construction, stake the location of any such trails or stabilization, discuss the same with Grantor, give reasonable consideration to all concerns of the Grantor with respect to the design, location, construction and maintenance of all such trails and stabilization, and obtain Grantor's approval of such development, which approval shall not be unreasonably withheld by Grantor. (4) This agreement shall be binding upon the representatives, successors, trustees and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first herein written. GRANTOR YOUNG MEN'S CHRISTIAN ASSOCIATION, By A1?t2~rL/ (f2Ct1/f.A2_/ Dean Owens, President Salina, Kansas L :[~~ -\~\1 Ùt.- :;-'" . ..,~:.., ...u,,;,,< <'~~G~ N I Z t" () -; .1-: .~. .~ -. 1870 .~ .) At~J h '>~:.' . (~j..~ .:(.~' "' -c:V"fJ~VI/U~V- D. L. Harrison, City By Clerk _~'Keith G. Duckers, Acting Mayor STAtf; Of'. KANSAS . .1) COUNTY OF SALINE f SS{ ~ FIt£O FOR RECORD IN MV OffiCE Off MAY t 11976 AT / /I.~~ l . ~y ;~r:~,6 G. Of DEEDS MIse RnM //'3 ~