UTILITY EASEMENT

KNOW ALL MEN BY THESE PRESENTS THAT CITY OF OVERLAND PARK 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 hereby grant to the CITY OF OVERLAND PARK, a municipal corporation in the County of Johnson, State of Kansas, hereinafter the Grantee, its successors and assigns, forever a perpetual easement over, under and through the following described real estate for the purpose of entering upon, locating, constructing and maintaining, or authorizing the location, construction, or maintenance, and use of conduits, water, gas, sewer pipes, poles, wires, surface drainage facilities, ducts, cables, including the right to repair, replace and maintain the facilities, and for any reconstruction and future expansion of such facilities within the area of the easement together with the right of access to the easement and over the easement for these purposes, to wit:

SEE ATTACHMENT ‘A’

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

1.	The Grantor, its/his/her heirs, executors, administrators, successors and assigns, hereby releases the Grantee, its agents and employees, assigns and successor from any and all liability for damage to the remaining lands resulting from this conveyance, and construction and maintenance of said utilities, PROVIDED the Grantee, its agents and employees assigns and successors shall as soon as practicable, after construction of said utilities and all subsequent alterations and repairs thereto, restore all property of the Grantor to a neat and presentable condition.

2.	It is understood by the Grantor that the utilities constructed hereunder shall, in every repect be a public utility as if laid in one of the dedicated streets of the Grantee, and all property abutting thereon shall have the right to connect therewith under the same conditions as if the utilities were in a public street; and the Grantee, or any abutting property owners, upon permit from the Grantee herein, shall have the right at all times to enter upon the described premises for the purpose of making any necessary repair to or renewals for replacements of the utilities.

3.	The rights granted herein shall not be construed to interfere with or restrict the Grantor, its/his/her heirs, executors, administrators, successors and assigns from the use of the premises with respect to the construction and maintenance of property improvements along

and over the premises herein described so long as the same are so constructed as not to impair the strength or interfere with the use and maintenance of the utilities.

This easement shall run with the land and apply to all interests now owned or hereafter acquired to the above-described property. It shall be filed of record with the Register of Deeds, Johnson County, Kansas.

ATTEST:	CITY OF OVERLAND PARK

Marian Cook	James Cox

City Clerk	Director of Parks & Recreation

APPROVED AS TO FORM:

Tammy M. Owens

Senior Assistant City Attorney

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 James Cox, Director of Parks & Recreation 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

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