UTILITY EASEMENT

KNOW ALL MEN BY THESE PRESENTS THAT the CITY OF OVERLAND PARK, a municipal corporation in the County of Johnson, State of Kansas, hereinafter the Grantor, in consideration of the sum of ten dollars ($10.00) and other valuable considerations, receipt and sufficiency of which is hereby acknowledged, does convey to	, a	(state) corporation/company/limited liability company, hereinafter the Grantee, a utility easement across and under the real estate hereinafter described, including the right to enter on the easement and install, maintain and repair underground cables for the transmission and distribution of electric energy and for communication purposes, the easement being across and under the following described land in the County of Johnson, State of Kansas, to wit:

SEE ATTACHMENT ‘A’

THIS DEED OF EASEMENT is executed and delivered and said easement is granted upon the following conditions:

1.	The Grantee hereby agrees to restore the land within the easement to as near the original condition as possible after any use of the easement.

2.	Grantor may fully cultivate, use and enjoy the land within the easement, provided that such use shall not interfere with or jeopardize the installation, maintenance or operation of the Grantee authorized by the terms of this easement.

3.	Grantee shall promptly protect, relicate, remove, or adjust its facilities located within this easement if such actions are requested by the Grantor for any public improvement or public project. Such relocation or adjustment shall be performed by the Grantee at its sole expense, without expense to the Grantor, its employees, agents or authorized contractors.

4.	Grantee shall defend and hold Grantor harmless from and against any and all claims and damages, including reasonable attorneys’ fees, resulting from any injury to persons or property or from loss of life sustained by any person arising from Grantee’s use of the easement herein granted.

5.	This Easement shall be filed with the Register of Deeds, Johnson County, Kansas and shall inure to and bind the heirs, executors, administrators, successors and assigns of the parties, and shall constitute a covenant running with the land.

IN WITNESS WHEREOF, the Grantor has executed this instrument this	day of	, 20	.

ATTEST:	CITY OF OVERLAND PARK

Marian Cook	William D. Brown, P.E.

City Clerk	Director of Public Works

APPROVED AS TO FORM:	ACCEPTED BY GRANTEE:

Tammy M. Owens	Signature

Senior Assistant City Attorney

Printed Name

MUNICIPAL CORPORATE ACKNOWLEDGEMENT

STATE OF KANSAS	)

) SS.

COUNTY OF JOHNSON)

BE IT REMEMBERED, That on this	day of	, 20	, before me, the undersigned, a Notary Public in and for the County and State aforesaid, came William D. Brown, Director of Public Works of the City of Overland Park, a municipal corporation duly organized, incorporated and existing under and by virtue of the laws of Kansas, and Marian Cook, City Clerk of said municipal corporation, who are personally known to me to be the same persons who executed as such officials the within instrument on behalf of said municipal corporation, and such persons duly acknowledged the execution of the same to be the act and deed of said municipal corporation.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written.

My Appointment Expires

Notary Public

IN WITNESS WHEREOF, the Grantor has executed this instrument this	day of	, 20	.

ATTEST:	CITY OF OVERLAND PARK

Marian Cook	William D. Brown, P.E.

City Clerk	Director of Public Works

APPROVED AS TO FORM:	ACCEPTED BY GRANTEE:

Tammy M. Owens	Signature

Senior Assistant City Attorney

Printed Name

LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT

STATE OF	)

) SS.

COUNTY OF	)

BE IT REMEMBERED, That on this	day of	, 20	, before me, the undersigned, a Notary Public in and for the County and State aforesaid, came	(name/s), member(s) of

(name of company), a Limited Liability Company duly formed under the provisions of the	(state) Limited Liability Company Act, who is/are personally known to me to be the such member(s) and who is/are personally known to me to be the same person(s) who executed as such member(s) the foregoing instrument on behalf of said company, and such person(s) duly acknowledged the execution of same to be the act and deed of said company.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written.

My Appointment Expires

Notary Public

IN WITNESS WHEREOF, the Grantor has executed this instrument this	day of	, 20	.

ATTEST:	CITY OF OVERLAND PARK

Marian Cook	William D. Brown, P.E.

City Clerk	Director of Public Works

APPROVED AS TO FORM:	ACCEPTED BY GRANTEE:

Tammy M. Owens	Signature

Senior Assistant City Attorney

Printed Name

CORPORATE ACKNOWLEDGEMENT

STATE OF	)

) SS.

COUNTY OF	)

BE IT REMEMBERED, That on this	day of	, 20	, before me, the undersigned, a Notary Public in and for the County and State aforesaid, came	President of	, a corporation duly organized, incorporated and existing under and by virtue of the laws of the State of	, and	, Secretary of said Corporation, who are personally known to me to be the such officers and who are personally known to me to be the same persons who executed as such officers the within instrument on behalf of said Corporation, and such persons duly acknowledged the execution of the same to be the act and deed of said Corporation.

IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written.

My Appointment Expires

Notary Public

DO NOT WRITE, TYPE OR STAMP ANYTHING ABOVE THIS LINE OR IN THE MARGINS.

DO NOT WRITE, TYPE OR STAMP ANYTHING BELOW THIS LINE.	Rev. 2-21-08

UTILITY EASEMENT

Public Works

2006-10-04

Joe Archer

City of Overland Park