South Park/Mulberry CONVEYANCE OF EASEMENT
THIS INDENTURE, made this ~~-- day of ~,~7-- , 1989, by
and between the BOARD OF EDUCATION OF UNIFIED SCHOOL DISTRICT NO.
305, Saline County, Kansas (the "Board"), and the CITY OF SALINA,
KANSAS, a municipal corporation (the "City").
WITNESSETH, that:
WHEREAS, the Board is the owner of a portion of "City Park"
between Second Street and Third Street north of Mulberry in the
City of Salina, Saline County, Kansas, as reflected by the
original plat of the town (now City) of Salina; and,
WHEREAS, the City desires to install and place within a part
of City Park a water well in its proprietary function of
operating the water department of the City.
SO, NOW, THEREFORE, WITNESSETH:
That the Board, in consideration of the articles and
covenants hereof, does by these presents grant, bargain, sell and
convey unto the City an easement in and to that certain portion
of City Park for use for the production of water from the
subsurface area thereunder and for the construction and
reconstruction of such installations, facilities, lead lines,
valves and other appurtenances as deemed necessary by the City
thereon, as shown on the attached site plan ("Exhibit WA") and
legally described as follows:
That certain portion of City Park described by
metes and bounds as follows: Beginning at a point
Seventy-Five Feet (75') South of the Southeast corner
of Lot One (1) on Walnut Street in the Original Town
(now City) of Salina; thence West on a line parallel to
the South line of said Lot One (1), Fifty Feet (50');
thence South Fifty Feet (S 50'); thence East Fifty Feet
(50') to the West right-of-way of Second Street; thence
Fifty Feet (50') North along said right-of-way to the
beginning,
for the use of the City, its servants, officers, employees and
contractors for the purposes aforesaid in perpetuity as a
covenant running with the land.
The Board further covenants that during the term of this
easement it will neither store, use, nor apply any toxic
chemicals listed by the Environmental Protection Agency as a
potable water pollutant in the area radiating 100 feet from the
well site to be located upon the easement described above (see
"Restrictive Easement" designated on Exhibit A), which covenant
shall also run with the land.
IN CONSIDERATION WHEREOF, the City agrees that within a
reasonable time and in the event of production of water from the
described tract, it will:
A. Drill a water well and install any appurtenances
incident to the production thereof in a good workmanlike manner.
B. Construct a brick building on the tract, attractively
landscape and fence the area, and thereafter and at all times
maintain and reconstruct, if deemed advisable, the installation
in a good condition.
IN WITNESS WHEREOF, the Board has duly caused this
instrument to be executed by its officers so authorized.
BOARD OF EDUCATION OF UNIFIED
SCHOOL DISTRICT NO. 305
PrestpVent ./~
Jerry K. Lundgr±~
ATTEST:
Michael Soetaert
STATE OF KANSAS~ SALINE COUNTY, ss:
BE IT REMEMBERED, that on this ~) day of 1989,
before me, the undersigned, a.~notar~ pqbli~nin a~d .f~r the county
and state aforesaid, c_ame ~.~-./~Y~..~_i~"~xz~~resident of
the Board, and ~~~~ o~[~-~o~rd, who are
personally known to me to be such officers, an~ who are
personally known to me to be the persons who executed, as such
officers, the within instrument of writing on behalf of the
Board, and such persons duly acknowledged the execution of the
same to be the act and deed of the Board.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year last above written.
I ~ NOTARY PUBLIC
l~ STATE OF KANSAS
! ~mm iAPI~'~'i~imXiP'")::~ JUL~ 9'. 1~ Notar~ Public
WALNUT ~
~ STREET
50 ....... 50' 80'
N
ORIG ,IAL F--
50' , ..... 50' Scole ~ : 50'
/ s---1
/ -Jr--I----
/ _!
/ EXIST. ES M'T.
/ EXIST. WELL
! TO BE REMOVED
RESTRICTIVE E S M 'T.-~[
\ PROPOSED WELL
\ IOO'
TOWNSITE \
CITY P,~t~t¢ ~'x 0
~'I'ATE OF I~NSAS
'COUNTY OF SALINE
~= FILED FOR RECORD IN MY OFFICE
PROPOSED
TRACT