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11-T15S-R3W Pt NE4 NE4 ~~ REGISTER [F DEEDS to ,AJ' / S&LIt£ CŒM'Y KANSAS L.... 1\ V Book: 1036 Page: 999 Recei~ I: 7569 Total Fees: $16.. Pages Recorded: 3 Date Recorded: 2/19/2883 11:24:~ AM PERMANENT UTILITY EASEMENT THIS INDENTURE, made this " day of feEz\..Al2'( ,2003, by and between MARK L. MILLER and ADVANTAGE TRUST COMPANY, SALINA, KANSAS, Trustees, under The Elden V. Miller Revocable Trust dated October 11, 1996, for the Jean Elizabeth Liesmann Generation-Skipping Tax Exempt Share (the "Grantor"); and the CITY OF SALINA, KANSAS, a municipal corporation (the "City"). WITNESSETH: The Grantor, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell, and convey unto the City, a permanent easement in, through, over, and across a certain portion of land owned by the Grantor, as legally described on the attached and incorporated Exhibit A and as depicted on the Engineering drawing attached and incorporated as Exhibit B, for all rights of ingress and egress of the City, its servants, officers, employees, contractors, and franchisees, for purposes of constructing, installing, repairing, replacing, and maintaining public utilities and appurtenances thereto, in perpetuity. IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement the day and year first above written. ' THE ELDEN V. MILLER REVOCABLE TRUST dated October 11, 1996, for the Jean Elizabeth Liesmann Generation-Skipping Tax Exempt Share By: ¡J/!II~~ Mark L. Miller, Trustee ADVANTAGE TRUST COMPANY, Trustee By: ,4~~ Mark L. Miller, Presi ent STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on this? day of Rbruarv , 2003, by Mark L. Miller, and Mark L. Miller, President of Advantage Trust Company, Salina, Kansas, a Kansas trust company, as Trustees under the Elden V. Miller Revocable Trust dated October 11, 1996. F,_~~~~-~~=~~~=~,,~:tMd iJb I f!w~ j NOTARY PUBLIC. State af I(an"as; otary lC My appointment expires:! ~,~",p""r;,'A, R,~,:,_,',~"R,U,~',;;:r"C'~,'¡",,',',.,:,'. " ,;¡'/ :~¡,r; e:Y~. ~ tIL , -,.:, ..!:.--- '. - - -. -, - ,.., ' [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] LEGAL DESCRIPTION PERMANENT UTILITY EASEMENT ELDON Vo MILLER TRUST Book: 1036 Page: 1000 A tract of land lying in the Northeast Quarter, of the Northeast Quarter (NE 1,4, NE 1,4), of Section 11, Township 15 South, Range 3 West, of the 6th Principal Meridian, Saline County, Kansas, and being more particularly described as follows: Commencing at the Northeast (NE) Comer, of the Northeast Quarter, of the Northeast Quarter (NE 1,4, NE 1,4), of said Section 11; thence S 00 03' 55" E, along the East Line of the Northeast Quarter, of the Northeast Quarter (NE 1,4, NE 1,4), of said Section 11, a distance of 1308.34 feet; thence S 89 56' 05" W, perpendicular to the East Line of the Northeast Quarter, of the Northeast Quarter (NE 1,4, NE 1,4), of said Section 11, a distance of 60.00 feet, to the intersection of the West Right of Way Line of South 9th Street, and the proposed South Line of a Temporary Construction Easement, and the POINT OF BEGINNING: thence S 00 {)3' 55" E, along the West Right of Way Line of South 9th Street, and parallel with the East Line of the Northeast Quarter, of the Northeast Quarter (NE 1,4, NE 1,4), of said Section 11, a distance of 15.00 feet, to a point on the South Line of the Northeast Quarter, of the Northeast Quarter (NE 1,4, NE 1,4), of said Section 11; thence S 89 ~7' 07" W, along the South Line of the Northeast Quarter, of the Northeast Quarter (NE 1,4, NE 1,4), of said Section 11, a distance of 1166.22 feet to a point on the East Right of Way Line, of Interstate Highway 135; thence N 18 55' 45" E, along the East Right of Way Line, of Interstate Highway 135, a distance of 15.88 feet; thence N 89 ~7' 07" E, parallel with the South Line of the Northeast Quarter, of the Northeast Quarter (NE 1,4, NE 1,4), of said Section 11, a distance of 1161.05 feet to the POINT OF BEGINNING. The above described tract of land contains 17454.55 square feet, or 0.40 acres, more or less. CERTIFICATION STATE OF KANSAS ) ) SS COUNTY OF SALINE) I, Kenneth J. Turner, do hereby certify that I am a registered land surveyor with the finD of Bucher, Willis & Ratliff Corporation, that the heretofore described property was surveyed by me, or under my direct supervision; and that all of the monuments shown herein actually exist and their positions are correctly shown to the best of my knowledge ~¿belief. . ~."" -' " <::.:.:;;..--..-' .. .. L:\2001459\survey\Iegals\Eldon V Miller Trust Pennanent Easement.doc Exhibit A - ~~ C g,\ p¿ '\ . J'-G> 3> '-' tíJ (V ~ 6- L- ::J C. /- .../ (0 t%j Þ< ::r' ~. c::r' ~. rt tP I . NE COR., SEC. II, T 15 S, R J W FND. ~' BAR wi SHEARED OFF CAP ~ ~ ~ i/ q:ï ~ï ¡.; """ ItH~ I~§ ::to i t¡j ~ 6Q'J ~ ;2:: I ~:~a; I ~.~ I ~~ ~. f: ~ COR.. SEC. II} T 15 S, R J W rNO. ~' BAR & ALUMINUM CAP ... S S ... VICINITY MAP ELDON V. MILLER TRUST IJ3 0 0 X- II 15' PERMANENT I I.JI',MJ.:1 IfU.:1'TI \.II &;. POINT OF BEGINNING fJTlUTY EASEMENT LAURA J. HILLS TRUST (PERM. UTILITY EASU'T.) SE COR., NE 1/4, NE 1/4, SEC. II, T 15 Sv R .3 W FOUND CHISLEl) ,~ S# COR., NE 114, NE 114, SEC. II, T 15 S, R J W S£T +5 REBAR & BNR CAP ... S W 0'1 'tI 01 ID ID II N NOTE, SCALE I' - 2.OQ' BasIs of Bearing is True North obtalmd from GPS observatIons. All monumerrfs are of unkf1ONn orIgIn unless otherwIse noted. r-- I PERMANENT UTILITY EASEMENT .....0 BUCHE~ WILLIS & RATLIFf 1"1'.... CORPORATION 60! WEST NORTH STREET SALINA. KANSAS 67401715-827-3603 - ' REBEOCA SEÐIIW ' RESISTER CF DEEDS C" ~ I ../ !RoUE aurrv KINìAS J v Book: 1036 Page: 1002 RlCfi~ I: 7569 Iota! FetS: $16.- Pages Recorded: 3 Date Recorded: 2/19/2813 11:2-':-'1 lit PERMANENT UTILITY EASEMENT THIS INDENTURE, made this ~ day of F~~'(' , 2003, by and between MARK L. MILLER and ADVANTAGE TRUST COMPANY, SALINA, KANSAS, Trustees, under The Elden V. Miller Revocable Trust dated October 11, 1996, for the Lynne Suzanne Cavanaugh Generation-Skipping Tax Exempt Share (the "Grantor"); and the CITY OF SALINA, KANSAS, a municipal corporation (the "City"). WITNESSETH: The Grantor, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell, and convey unto the City, a permanent easement in, through, over, and across a certain portion of land owned by the Grantor, as legally described on the attached and incorporated Exhibit A and as depicted on the Engineering drawing attached and incorporated as Exhibit B, for all rights of ingress and egress of the City, its servants, officers, employees, contractors, and franchisees, for purposes of constructing, installing, repairing, replacing, and maintaining public utilities and appurtenances thereto, in perpetuity. IN WITNESS WHEREOF, the Grantor has signed this Permanent Easement the day and year first above written. THE ELDEN V. MILLER REVOCABLE TRUST dated October 11, 1996, for the Lynne Suzanne Cavanaugh Generation-Skipping Tax Exempt Share By: /!tl!1X~~ Mark L. Miller, Trustee ( ADVANTAGE TRUST COMPANY, Trustee By: ~~~ Mark L. Miller, Presi ent STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on this!L day of Febr¿¡arv, 2003, by Mark L. Miller, and Mark L. Miller, President of Advantage Trust Company, Salina: Kansas, a Kansas trust company, as Trustees under the Elden V. Miller Revocable Trust dated October 11, 1996. ~~~,-~~t~~ iilì~ c¡hÞn My appointment expires" :-¡crAH'!, r, !P,l'UC . 3[,",2[:,) r,t ':?,",""; . BA?'[oY,~,,;' iJjJ[jj.!iø [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(l3)] Book: 1036 Page: 1003 LEGAL DESCRIPTION PERMANENT UTILITY EASEMENT ELDON V. MILLER TRUST A tract of land lying in the Northeast Quarter, of the Northeast Quarter (NE lA, NE %), of Section 11, Township 15 South, Range 3 West, of the 6th Principal Meridian, Saline County, Kansas, and being more particularly described as follows: Commencing at the Northeast (NE) Comer, of the Northeast Quarter, of the Northeast Quarter (NE lA, NE 1A), of said Section 11; thence S 00 03' 55" E, along the East Line of the Northeast Quarter, of the Northeast Quarter (NE lA, NE %), of said Section 11, a distance of 1308.34 feet; thence S 8956' 05" W, perpendicular to the East Line of the Northeast Quarter, of the Northeast Quarter (NE lA, NE 1A), of said Section 11, a distance of 60.00 feet, to the intersection of the West Right of Way Line of South 9th Street, and the proposed South Line of a Temporary Construction Easement, and the POINT OF BEGINNING: thence S 00 03' 55" E, along the West Right of Way Line of South 9th Street, and parallel with the East Line of the Northeast Quarter, of the Northeast Quarter (NE lA, NE 1A), of said Section 11, a distance of 15.00 feet, to a point on the South Line of the Northeast Quarter, of the Northeast Quarter (NE lA, NE 1A), of said Section 11; thence S 89 Ll.7' 07" W, along the South Line of the Northeast Quarter, of the Northeast Quarter (NE lA, NE 1A), of said Section 11, a distance of 1166.22 feet to a point on the East Right of Way Line, of Interstate Highway 135; thence N 18 55' 45" E, along the East Right of Way Line, of Interstate Highway 135, a distance of 15.88 feet; thence N 89 Ll.7' 07" E, parallel with the South Line of the Northeast Quarter, of the Northeast Quarter (NE lA, NE 1A), of said Section 11, a distance of 1161.05 feet to the POINT OF BEGINNING. The above described tract of land contains 17454.55 square feet, or 0.40 acres, more or less. CERTIFICATION STATE OF KANSAS ) ) SS COUNTY OF SALINE) I, Kenneth J. Turner, do hereby certify that I am a registered land surveyor with the firm of Bucher, Willis & Ratliff Corporation, that the heretofore described property was surveyed by me, or under my direct supervision; and that all of the monuments shown herein actually exist and their positions are correctly shown to the best of my knowledge ~ctielief. .' ""."" '-,' ~ ,.;.;;:;.>:-':./',/' . ... .. L:\2001459\survey\Iegals\Eldon V Miller Trust Pennanent Easement.doc Exhibit A - {5'- °Jß ~ ~, p <. 'C\ , .-- ~. t? 3~ ;Or r' IJ 4- ç', ì /', ¡; (J NE COR., SEC. II, T 15 S, R J W FND. ~' BAR w/ SHEARED OFF CAP ~ ð- i/ tJ:ï ;r¡ï } "" ItH~ ~~ ~~ ::to I i tJ ~ 6Q'J ~ ;:z: I ~:~~ I ~~ I ~~ ::ot, E ~ COR., SEC.lIJ r 15 S, R J W rND. ~' BAR & ALUMINUM CAP ~ S W CTI 'tI III LeI ftI II VICINITY MAP ELDON V. MILLER TRUST 15' PERMANEIfT I "JIV.V~ "V~.I VI ... POIIfT OF BEGINNING UTILITY EASEMEIfT LAURA J. HILLS TRUST (PERM. UTILITY EASM'T.J SE COR., NE 1/4. HE 1/4. SEC. II, T 15 St) R J W FOUND CHISLED ,"" SW COR., NE 1/4, NE 1/4, SEC. II, T 15 S, R J W s£r +5 REBAR & BWR CAP IJ:S 0 0 X- II N IR. SE 1/4, E 1/4, S C. II, T 15 S, R J W SfI +5 REBAR & BWR CAP NOTEI t%j Þ< ::T 1-" c::r' 1-" rt t:d BasIs of Bearing is True North obtaimd from GPS obs8rvatlons. All monuments are of unkf1fMn orIgIn unless ofhBrwlse noted. ~ S 5 .. SCALE I' - 2f)(}' =~;. I PERMANENT UTILITY EASEMENT ....... BUCHEII, WILLIS It RATLIFF ..'IJ.~ CORPORATION 609 WEST NORTH STREET SALINA. KANSAS 67<101785-827-3603