The state board of social welfare is hereby authorized and directed to grant to the North Topeka drainage district of Shawnee county a permanent easement for construction of the Soldier creek diversion project over and across the following described land situated in Shawnee county, Kansas, described as follows: A strip of land 500 feet in width, the center line of which begins at a point approximately 528 feet north and 453 feet east of the center of section 18, township 11, south, range 16, east of the 6th prime meridian and extending northerly and westerly to a point which is approximately 818.63 feet north of the northwest corner of the northeast quarter of section 13, township 11, south, range 15, east of the 6th prime meridian all in Shawnee county, Kansas. Such grant shall be made in accordance with, and subject to the conditions prescribed by Kan. Stat. Ann. §§ 75-2130 to 75-2133, inclusive, or acts amendatory thereof. Such grant shall be made subject to the condition that the North Topeka drainage district will enter into a written agreement with said state board of social welfare which agreement shall provide that the North Topeka drainage district will:

(1) Fill the present channel of Soldier creek which is located within the boundaries of state property now under the control and management of the state board of social welfare for the uses and purposes of the state industrial school for boys, such filling to be made with dirt excavated in constructing the Soldier creek diversion project above mentioned; and

(2) spread any other excess dirt excavated in constructing said Soldier creek diversion project on and over the land of said industrial school for boys which is located north of the present channel of Soldier creek and south of the new Soldier creek diversion project to be constructed on the land granted by easement as authorized by this act.