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NE4-NE4-11-T15S-R3W .. REBECCP SEEMmI REGISTER OF DEEDS /. \ / SAlINE COUNTY KANSAS L-- I'v V Book: 1~36 Pa~e: 999 Receip! I: 7569 lotal Fees: $16.80 Pages Recorded: 3 Date Recorded: 2/19/2003 11:24:iI AM PERMANENT UTILITY EASEMENT ~ THIS INDENTURE, made this '" day of fefl2I.iAl2'f , 2003, by and between MARK L. MILLER and ADV ANT AGE 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~~-{i£ Mark L. Miller, Trustee ADVANTAGE TRUST COMPANY, Trustee By: ¿~~ STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on this L day of Rbruar"/ , 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. My appointment expires: ;~=~'=~~__~=~H=_._~;JMd ~lf!ww¡hJl/}ì . NOTAR'fPIJBUC. St3!e nf!(an::.âS ,; Notary P IC B...AP,r;.;..A.R..'AL.~...U.~.",.J.(,.i~,1. .',:.1 :".. ~"r¡ ;::'P ~ ~ " . , ",':, ","' -, '-',. ,... " [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] ." Book: 1036 Page: 1000 . LEGAL DESCRIPTION PERMANENT UTILITY EASEMENT ELDON V. MILLER TRUST A tract of land lying in the Northeast Quarter, of the Northeast Quarter (NE 14, NE IA), 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 14), of said Section 11; thence S 00 ()3' 55" E, along the East Line of the Northeast Quarter, of the Northeast Quarter (NE IA, NE IA), 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 lA, NE lA), 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 14, NE 14), 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 14), of said Section 11; thence S 89 ~7' 07" W, along the South Line of the Northeast Quarter, of the Northeast Quarter (NE lA, NE IA), 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 14, NE 14), 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 0040 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 ~ctie1ief. " <.:,~.::~-_..---/ -' . <I " L:\200I459\survey\1egals\Eldon V Miller Trust Pennanent Easementdoc Exhibit A - ~~ ~ 9,' p¿ '"' . J.r;> 3:Þ -' ríJ '" ~ 6- L- :;J Co /- ..,/ (0 t%j ~ ::t 1-" c:r' 1-" rt t:d 'R.. SE /14. NE /14, S~C. II, T /5 S,R J W SU "'5 REBAR & BNR CAP N SCALE /' - 2()()' r-~~ I r . r § ~ i/ ceï !!Iï ~ "<. ~ . . NE COR., SEC. II, T 15 S, R J W FND. ~' BAR wI SHEARED OFF CAP VICINITY MAP I~~ §~ ~. i tù ~ 6Q'J~ :t:: I ~:~s¡ I ~~ I ~~ ~. f. ~ COR.. SEC. IIJ T /5 S, R J W rND. ~' BAR & ALUMINUM CAP ... IS IS ... ELDON V. MILLER TRUST IX! 0 0 ~ II 15' PERMANENT I "JI"".""oO7 """,",., ", .. POINT OF BEGINNING lfflLfTY EASEMENT LAURA J. HILLS TRuST (PERU. lITIUTY EASJJ'T.J SE COR., NE 1/4, NE 1/4, SN COR., NE /14, NE /14, SEC. II, T 15 S" R J W SEC. II, T 15 S, R J W FOUND CHISLED ,~ SET +5 REBAR & BWR CAP ... IS W (1"1 't1 \11 Ie II II NOTE, BasIs of Bearing Is Trus North obtalMd from GPS observatIons. All monufT1(Jrrfs arB of unknoNn orIgIn unless otherwIse noted. PERMANENT UTILITY EASEMENT .t..I.t BUCHE~ WILLIS" RATLIFf .t'.J.~ CORPORATION 609 WEST NORTH STREET SALINA. KANSAS 67401785-827-3603 ," ~ REBECCA ~ REGISTER IF DEEDS c.., !'J-/ SIl. I NE COONTY KANSAS ' Book: 1036 Page: 1002 Rtcei~ I: 7569 -rotal Fees: $16.88 Pages Recorded: 3 Date Recorded: 2/19/2883 11:24:41 AM PERMANENT UTILITY EASEMENT . , THIS INDENTURE, made this.1:z. day of H:f!i2.l;~Y', 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: /Îb!~#lffiL Mark L. Miller, Trustee ( ADVANTAGE TRUST COMPANY, Trustee By: #R~~~ Mark L. Miller, Presi ent STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on this fL day of Febrva,v , 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. " -~-~_..---~."~~~~ IJ"li~ t¡¡lpY1 ~W':~í"l :'11'11 'e ,;[,¡" j ;'","" My appointment expires: .:, :\~.~UC:' :,',,~".;,;~~,., t~AM'."";,,'; iljfftj.Þlil~ [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] ¿ " 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 14, NE lA), 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 14, NE lA), of said Section 11; thence S 00 ()3' 55" E, along the East Line of the Northeast Quarter, of the Northeast Quarter (NE lA, NE lA), 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 lA, NE 14), 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 14, NE lA), 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 14), of said Section 11; thence S 89 ~7' 07" W, along the South Line of the Northeast Quarter, of the Northeast Quarter (NE lA, NE 14), of said Section 11, a distan~ of 1166.22 feet to a point on the East Right of Way Line, of Interstate Highway 135; thence N18 55' 45" E, along the East Right of Way Line, of Interstate Highway 135, a distance of 15.8~ feet; thence N 89 ~7' 07" E, parallel with the South Line of the Northeast Quarter, of the Nort(heast Quarter (NE 14, NE 14), of said Section 11, a distance of 1161.05 feet to the POINT OF BEGINNING. The above described tract of land contains 117454.55 square feet, or 0.40 acres, more or less. CERTIFICATION STATE OF KANSAS ) ) SS COUNTY OF SALINE) I, Kenneth J. Turner, do hereby certify th&t 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 $upervision; and that all of the monuments shown herein actually exist and their posit~ons are correctly shown to the best of my knowledge ~nrlielief. '. ", ;.7' " ............ /,<:,~,>:;.r/<"'--' ~, ", /,',", or " L:\200I459\survey\legals\Eldon V Miller Trust Pennanent Easementdoc Exhibit A - t5' 'Jß ~ ~\ 9 <:. '"' . --- 1'"1 (? 3 ;Þ /, vv r ttJ 4- ç', ì /, ¡;. (J trj Þ< ::r 1-" c:r' 1-" rt t::xj ~ . , " NE COR., SEC. II, T 15 S, R J W FND. ~' BAR wi SHEARED OFF CAP k ~ t ð- ~ ~ ~/ ~:~ J!j ~I- !!II -¡';I "" VICINITY MAP I~~ I~~ ~. I i t¡j ~ QQ'J b5 ;:z: I ~:~&i I ~.~ I ~~ ~. E!(, COR.. SEC. "J T /5 S. R J W rND. ~' BAR & ALUMINUM CAP ... S W (F'I 'tI PI ID /II II ELDON V. MILLER TRUST 15' PERMANENT I Iw'V.V,", IJv,rn.." - POINT OF BEGINNING tfFltfPIEAS£M£1fT LAURAJ.HJJ.LS. TRUS]' (PERU. UTILITY EASY"" J SE COR.. NE 1/4. NE 114. SW COR.. NE 114. NE 114. SEC. II, T 15 51, R J W SEC. II, T /5 5, R' J W FOUND CHISLED ,~ SET +5 REBAR & BNR CAP IJ' 0 0 :z:- II NOTE, N SCALE I' - 2.OG' BasIs qf B8t1rlng Is True North obtalnfJd from GPS observatIons. All monuments are qf unknoNn orIgIn unless ofhtJrwlæ noted. ... S S .þo - PERMANENT UTILITY EASEMENT ....... BUCHE~ WILLIS & RATLIFf ..tI,.~ CORPORATION 609 WEST NO!lTM ST!lEET SALINA. KANSAS 67~017B5-B27-3603