Agr Deeds For WW InterCITY ATTORNEY'S OFFICE
Greg A. Bengtson
City Attorney
129 South 8th · P.O. Box 380
Salina, Kansas 67402-0380
www. ci.salina.ks.us
Salina
TELEPHONE · (785) 823-6325
FAX · (785) 823-1868
E-MAIL. gre,q.ben.qtsont~,salina.or.q
E-MAIL. gabengtsont~,cml-law, com
Website:
April 1, 2003
Lieu Ann Nicola
City Clerk
City of Salina
P.O. Box 736
Salina, KS 67402-0736
Re: Water Well Road 1-135 Interchange Project
Dear Lieu Ann:
Enclosed for safekeeping are the following recorded documents:
Kansas Trustees' Deed signed by The Elden V. Miller Revocable Trust dated
October 11, 1996, for the Jean Elizabeth Liesmann Generation-Skipping Tax
Exempt Share.
Kansas Trustees' Deed signed by The Elden V. Miller Revocable Trust dated
October 11, 1996, for the Lynne Suzanne Cavanaugh Generation-Skipping Tax
Exempt Share.
3. Kansas Corporation Warranty Deed signed by Russell & Russell, Inc.
4. Kansas Quit Claim Deed signed by Philips Electronics North America
Corporation.
o
Agreement for Donation of Real Estate between Philips Electronics North
America Corporation and the City of Salina, Kansas.
6. Agreement between Russell & Russell, Inc. and the City of Salina, Kansas.
Agreement between Mark L. Miller and Advantage Trust Company, Trustees,
under The Elden V. Miller Revocable Trust dated October 11, 1996 for the Lynne
Suzanne Cavanaugh Generation-Skipping Tax Exempt Share and for the Jean
Elizabeth Liesmann Generation-Skipping Tax Exempt Share and the City of
Salina, Kansas.
Lieu Ann Nicola
Page 2
April 1, 2003
Very truly yours,
~engtson
Ct/ty ~ttomey
7kf
ga~sofn~cml-law.com
enc.
cc.'
Shawn O'Leary, Director, Engineering and General Services
-2-
Total
Fees;
Recei~ O;
Pages Reco~ed: 4
Upon recordation, this
instrument is to be returned to:
Greg A. Bengtson
Clark, Mize & Linville
P.O. Box 380
Salina, KS 67402-0380
Reserved for Register of Deeds
On this I1 day of {=eBv-v,~,,, , 2003, MARK L. MILLER and ADVANTAGE TRUST
COMPANY, SALINA, KANSAS, Trustees, under The Elden V. Miller Revocable Trust dated October 11,
1996 (the "Trust"), for the Jean Elizabeth Liesmann Generation-Skipping Tax Exempt Share, as
GRANTORS, hereby convey to the City of Salina, Kansas, as GRANTEE its undivided one-half (1/2)
interest in and to that 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.
Subject, however, to easements, restrictions, reservations of mineral rights, and other matters of record, if
any.
GRANTORS covenant that this conveyance is made for the purpose of a controlled access highway
and that Grantors release and relinquish to the City any and all abutter's rights of access to said highway
appurtenant to the Grantors' remaining property.
GRANTORS further covenant that: (1) GRANTORS are the Trustees under the Trust, to which the
above-described (and other) real estate was conveyed by a deed from Elden V. Miller, the original settlor of
the Trust, and his wife, Robin S. Miller, which deed was recorded on March 4, 1998, in Book 382, at Page
690, in the Office of the Register of Deeds of Saline County, Kansas; (2) the Trust was a revocable trust that
became irrevocable upon Elden V. Miller's death on October 29, 1998; (3) Elden V. Miller was a married
person at the time of his death; (4) Robin S. Miller is the surviving spouse of Elden V. Miller, and is the same
person and spouse who joined in the prior deed to the Trust; (5) the Trust remains in full force and effect at
this time; (6) GRANTORS are the Trustees for the Jean Elizabeth Liesmann Generation-Skipping Tax-
Exempt Share of the Trust, to which an undivided one-half interest in the above described real estate was
conveyed by a deed dated April 20, 2000, from Mark L. Miller and Advantage Trust Company, Salina,
Kansas, a Kansas trust company, as Trustees, under The Elden V. Miller Revocable Trust dated October 11,
1996, to Mark L. Miller and Advantage Trust Company, Salina, Kansas, a Kansas trust company, as Trustees
under The Elden V. Miller Revocable Trust dated October 11, 1996, for the Jean Elizabeth Liesmann
Generation-Skipping Tax-Exempt Share, which deed was recorded on April 21, 2000, in Book 390, at Page
123, in the Office of the Register of Deeds of Saline County, Kansas; (7) GRANTORS are the duly qualified
Book: 1839 Page: 923
and acting Trustees under the Trust; and (8) as such Trustees, GRANTORS are authorized, pursuant to the
Trust and without any limitation whatever, to convey all its interest in the above-described real estate.
THE ELDEN V. MILLER REVOCABLE TRUST
dated October 11, 1996 for the Jean Elizabeth Liesmann
Generation-Skipping Tax-Exempt Share.
By:
Mark L. Miller, Trustee
ADVANTAGE TRUST COMPANY, Trustee
By:
Mark L. Miller, President
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on this _1{__ day of Pdbrtaar~r ,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.
..-::,:-"' _.,~ ......... --.. Notary Public
Barbara L Broughton
N o real estate validation questionnaire required per K. S .A. 79-1437e(a)(13)
Book: 1059 Page: 924
TRACT NO. 3
PROPERTY OWNER:
Mark L. Miller and Advantage Trust Company, Trustee
under the Eldon V. Miller Revocable Trust for:
the Jean Elizabeth Liesmann Generation-Skipping Tax-Exempt Share, and
for the Lynne Suzanne Cavanaugh Generation-Skipping Tax-Exempt Share
235 South Santa Fe Avenue
Salina, Kansas 67401
LEGAL DESCRIPTION
A tract of land in the Northeast Quarter (NE/4) of Section Eleven (11), Township Fifteen (15) South,
Range Three (3) West of the Sixth (6th) Principal Meridian, Saline County, Kansas, more particularly
described as follows: Commencing at the Northeast corner of said Northeast Quarter; thence on an
assumed bearing of South 89 degrees 49 minutes 38 seconds West, a distance of Sixty and Sixteen
hundredths (60.16) feet along the North line of said Northeast Quarter to the Westerly right-of-way
line of Ninth Street; thence South 00 degrees 03 minutes 36 seconds West, a distance of Fifty-nine
and Ninety-eight hundredths (59.98) feet along said West right-of-way line to the Southerly right-of-
way line of Waterwell Road and the point of beginning;
- thence South 00 degrees 03 minutes 36 seconds West, a distance of Seven and Twenty-nine
hundredths (7.29) feet, continuing along said West right-of-way line;
- thence South 83 degrees 15 minutes 21 seconds West, a distance of Three hundred Six and
Sixty-seven hundredths (306.67) feet;
- thence South 62 degrees 19 minutes 57 seconds West, a distance of One hundred Eighty-nine
and Thirty-seven hundredths (189.37) feet to the East line of a parcel of land recorded in Deed
Book 395, Page 100 in the Register Deed Office, Saline County, Kansas;
- thence North 17 degrees 25 minutes 15 seconds East, a distance of Eighty and no hundredths
(80.00) feet along said East line to the Southerly right-of-way line of Waterwell Road;
- thence North 81 degrees 07 minutes 46 seconds East, a distance of Three hundred Eighty-five
and Forty-five hundredths (385.45) feet, along said Southerly right-of-way line;
- thence South 86 degrees 08 minutes 43 seconds East, a distance of Sixty-seven and Sixty-two
hundredths (67.62) feet, continuing along said Southerly right-of-way line, back to the point of
beginning.
The above described tract of land contains 0.25 acres, more or less.
Prepared by: D. Klanke
Fine Name: Tract 3
Date: October 30, 2002
Exhibit A
Russell and Russell, Inc.
pt. Eli2, $£1/4
Sec. 2, TISS, R3W
Lot I, BIk. I
Long-McArthur Add.
Book: 1839 Page:
Sec._¢ Line--~ .-['
9~>5
TRACT
5*362. 424
Mark L. Miller and
Advantage Trust Compny
Right o£ Woy
to be Acquired
Exhibit B
Book: 18S9 Pa~e: 918
Total
Fees: ~.~
Recei~ $: 8117
Pages R~: ~
~e R~: ~/~1/~ 9:~:~ ~
Upon recordation, this
instrument is to be returned to:
Greg A. Bengtson
Clark, Mize & Linville
P.O. Box 380
Salina, KS 67402-0380
Reserved for Register of Deeds
Entered in Tr~.a,,~ oral in my~_ffl~e~ this
· ~ : ':
~ ,., -.. ....... C~n~ Clerk
%:,q,,, ........
KANSAS TRUSTEES' DEED
On this II day of {:vev~,ey , 2003, MARK L. MILLER and ADVANTAGE TRUST
COMPANY, SALINA, KANSAS, Trustees, under The Elden V. Miller Revocable Trust dated October 11,
1996 (the "Trust"), for the Lynne Suzanne Cavanaugh Generation-Skipping Tax Exempt Share, as
GRANTORS, hereby convey to the City of Salina, Kansas as GRANTEE, its undivided one-half (1/2)
interest in and to the that 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.
Subject, however, to easements, restrictions, reservations of mineral rights, and other matters of record, if
any.
GRANTORS covenant that this conveyance is made for the purpose of a controlled access highway
and that Grantors release and relinquish to the City any and all abutter's rights of access to said highway
appurtenant to the Grantors' remaining property.
GRANTORS further covenant that: (1) GRANTORS are the Trustees under the Trust, to which the
above-described (and other) real estate was conveyed by a deed from Elden V. Miller, the original settlor of
the Trust, and his wife, Robin S. Miller, which deed was recorded on March 4, 1998, in Book 382, at Page
690, in the Office of the Register of Deeds of Saline County, Kansas; (2) the Trust was a revocable trust that
became irrevocable upon Elden V. Miller's death on October 29, 1998; (3) Elden V. Miller was a married
person at the time of his death; (4) Robin S. Miller is the surviving spouse ofElden V. Miller, and is the same
person and spouse who joined in the prior deed to the Trust; (5) the Trust remains in full force and effect at
this time; (6) GRANTORS are the Trustees for the Lynne Suzanne Cavanaugh Generation-Skipping Tax-
Exempt Share of the Trust, to which an undivided one-half interest in the above described real estate was
conveyed by a deed dated April 20, 2000, from Mark L. Miller and Advantage Trust Company, Salina,
Kansas, a Kansas trust company, as Trustees, under The Elden V. Miller Revocable Trust dated October 11,
1996, to Mark L. Miller and Advantage Trust Company, Salina, Kansas, a Kansas trust company, as Trustees
under The Elden V. Miller Revocable Trust dated October 11, 1996, for the Lynne Suzanne Cavanaugh
Generation-Skipping Tax-Exempt Share, which deed was recorded on April 21, 2000, in Book 390, at Page
Book: 1039 Page: 919
123, in the Office of the Register of Deeds of Saline County, Kansas; (7) GRANTORS are the duly qualified
and acting Trustees under the Trust; and (8) as such Trustees, GRANTORS are authorized, pursuant to the
Trust and without any limitation whatever, to convey its interest in the above-described real estate.
THE ELDEN V. MILLER REVOCABLE TRUST
dated October 11, 1996 for the Lynne Suzanne Cavanaugh
Generation-Skipping Tax-Exempt Share.
Mark L. Miller, Trustee
ADVANTAGE TRUST COMPANY, Trustee
By: _ .
Mark L. Mdler, Premdent
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on this Il day of FcPor~lIry ,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.
Barbara L Broughton
No real estate validation questionnaire required per K.S.A. 79-1437e(a)(13)
Book= 103~ Page=
TRACT NO. 3
PROPERTY OWNER:
Mark L. Miller and Advantage Trust Company, Trustee
under the Eldon V. Miller Revocable Trust for:
the Jean Elizabeth Liesmann Generation-Skipping Tax-Exempt Share, and
for the Lynne Suzanne Cavanaugh Generation-Skipping Tax-Exempt Share
235 South Santa Fe Avenue
Salina, Kansas 67401
LEGAL DESCRIPTION
A tract of land in the Northeast Quarter (NE/4) of Section Eleven (11), Township Fifteen (15) South,
Range Three (3) West of the Sixth (6th) Principal Meridian, Saline County, Kansas, more particularly
described as follows: Commencing at the Northeast corner of said Northeast Quarter; thence on an
assumed bearing of South 89 degrees 49 minutes 38 seconds West, a distance of Sixty and Sixteen
hundredths (60.16) feet along the North line of said Northeast Quarter to the Westerly right-of-way
line of Ninth Street; thence South 00 degrees 03 minutes 36 seconds West, a distance of Fifty-nine
and Ninety-eight hundredths (59.98) feet along said West right-of-way line to the Southerly right-of-
way line of Waterwell Road and the point of beginning;
thence South 00 degrees 03 minutes 36 seconds West, a distance of Seven and Twenty-nine
hundredths (7.29) feet, continuing along said West right-of-way line;
thence South 83 degrees 15 minutes 21 seconds West, a distance of Three hundred Six and
Sixty-seven hundredths (306.67) feet;
- thence South 62 degrees 19 minutes 57 seconds West, a distance of One hundred Eighty-nine
and Thirty-seven hundredths (189.37) feet to the East line of a parcel of land recorded in Deed
Book 395, Page 100 in the Register Deed Office, Saline County, Kansas;
- thence North 17 degrees 25 minutes 15 seconds East, a distance of Eighty and no hundredths
(80.00) feet along said East line to the Southerly right-of-way line of Waterwell Road;
- thence North 81 degrees 07 minutes 46 seconds East, a distance of Three hundred Eighty-five
and Forty-five hundredths (385.45) feet, along said Southerly right-of-way line;
- thence South 86 degrees 08 minutes 43 seconds East, a distance of Sixty-seven and Sixty-two
hundredths (67.62) feet, continuing along said Southerly right-of-way line, back to the point of
beginning.
The above described tract of land contains 0.25 acres, more or less.
Prepared by: D. Klanke
Fine Name: Tract 3
Date: October 30, 2002
Exhibit A
Russell ond Russell, Inc.
pt. Eli2. $EI/4
Sec. 2, TI55, R3W
Lot I, BIk. I
Long-/CcArthur Add.
Book: 1039 PaBe:
Sec.,~_ Line
9~1
TRACT
5*362. 424
/V/Grk L. Miller Gnd
Advontoge Trust Compny
Right o? Woy
to be Acquired
Exhibit B