Lot 36 & 38, Block 10Filed for r~ecord Aug. 9, 1946,~ 4:10 P.]~'~. Vol%m~e 46 of ~,~isc. Page 208.
Elsie-L. Heppe~;ly, Register of Deeds. . ~.
CONVEYANCE OF EASEi~ENT
T[-~IS INDEi~URE, made this ~iay]~ 1946, by and
between SHELLABARGER'S, INCORPORATED, party of the first
part, and CITY 0F SALINA, party of the second part:
V~HEREAS, the party of the first part is the owner
of Lots Thirty-six (36) and Thirty-eight (38), Block Ten (10),
Calkins Addition to the City of Salina, Saline County, Kansas;
and,
~EREAS, the party of the second part has created
Latersl Sewer Benefit District No. ~09 pursuant to the laws
of the Stste of Kansas and intends to and is going to con-
struct an eight-inch (8") lateral sanitary sewer ss provided
in Ordinance No. 5146 of the City of Salina; and,
W~REAS, the party of the second part desires to
construct and maint~in said sewer provided for in s~id ordin-
ance across said ~ots 36 and 38, Block 10, Calkins Addition
to the City of Saliva, Kansas, and desires to secure a right-
of-way easement from the first party across said lots; and,
~AS, the party of the first part is willing to
grant an easement to the party of the second part across said
lots for the p~pose of constructing and maintaining said
sewer, provided the construction and maintenance of said sewer
s~ll In no manner interfere with or prevent the use of said
lots by the first party for the construction, maintenance and
use upon said lots of s warehouse or other building purposes
or
NOV~, THE~FORE, in consideration of the above ~nd
foregoing, the party of the first Dart does hereby grant ~
the party of the second part an easement of a ten-foot (lO')
right-of-way, the center line of which is described as follows:
Beginning at a point which is on the West line of
Lot 0O, Block lO, Calkins .~ddition to the City of
Salina, Kansas, and 18 feet north of the Southwest
corner of said Lot ~8, thence in a northeasterly
direction l~0 feet, more or less, to a point ~ich
is on the east line of Lot ~8, Block lO, Calkins
Addition to the City of Sali~a, Kansas, and S feet
north of the southeast corner of said Lot ~8~
Volume 46 of I~iisc. Page 209.'
for the sole purpose of the construction of said 8-inch later~al
sanitary sewer according to the plans and specifications now
on file in the office of the City Clerk in the City of Salina
and as provided in Ordinance No. ~nd does hereby grant said
city the right of ingress and egress for its servants, officers,
employees and contractors to construct, maintain, replace and
repair said sewer and all connections and other appurtenances
thereto; the first party,however, reserving the right at all
times to construct a building over said right-of-way so granted
and n~intain said building thereon, and in the event said city,
in the construction, maintenance or repair of said sewer or
any connections or appurtenances thereto, damage said building
in any manner, said City will pay all such damages to first
party within thirty (Z0) days after such damage is done.
IN WITNESS WHEREOF, the first party h~s caused
these presents to be executed by its President and Secretary
and its seal attached this ~:~aySth , 19~8.
SHELLABARGER ' S, INC.
Attes~ By ~
"~ Pre S"ident
ACKNOWLEDGemENT
Stste of Kansas )
) ss
County of Saline)
BE IT RE~,~BERED, That on this [(~'~ day of ~, 194~,
before me, the undersigned, ~ ~otar~5 Public i~ and ~or ~e County
and State aforesaid, came ~'/~ ~_ ~/~.~ P~esi~ent of
Shellabarger's incorporated~'~ c'o~por-a~on duly organized,
porate~a~ e~sting under and by virtue of the laws of
and ~/.~. ~~.. , Secretary of said corporati.
perso~lly kho~n-to me to be such officers, and who
kno n~to me tm be the persons who executed, as suc
withi~ instrument of writin~j~ on behalf of said cor'
IN TESTiNOi~fY ~fl-~EREOF, Z have hereunto set
affixed my official se~l the day ~5 year last above
Notary Fublio
~,,,~y comission expires
Volume 46 of ~,~isc. Page 210.
ACCEPTANCE
NOW, ON THIS ~ay /~1946, the City of Salina
hereby accepts the above easement and agrees to all of
its terms.
?H~'~~Y SALINA / / l,
City Clerk