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NW4-T14S-R3W , \\\ i' Iii i l' Il.~rf' f '. E~~~~r2~'r.'~~d In my offIce, this Il)ffi RE~CC: ~J:s G hi . ~ ~." -'.Yo ; SALINE COUNTY KANSAS I 'f ... v" of, ce~Ury/l~}. 11. . Book: 113b Page: 1014 -~'. if ~~~'" Receipt.. 36437 Total F.... flr..1ll .' .- . Pages Recorded: 3 .. . .' RIGHT-OF-WAY DEED Date Recorded: 9/14/2006 8:06:13 AM ~ & ..... ./\::." ~ County Clerk -.~ti'rjF"~~~~"" INDENTURE, made this ---1.R.- day of August, 2006, by and between the SALINE ctmN'fY MOUNTED PATROL AND RESCUE SQUAD, INC., a Kansas not-for-profit corporation, (the "Grantor") and the CITY OF SALINA, KANSAS, a municipal corporation, (the "City"): WITNESSETH: That the Grantor, for good and valuable consideration, does hereby convey unto the City that certain portion of land owned by the Grantor legally described and depicted on the Survey attached and incorporated herein as Exhibit A as public right-of-way, in perpetuity, (the "Right-of-Way") for the purposes of locating, constructing, excavating, and maintaining: A. Public means of transportation including roadways, streets, bridges, sidewalks, paths, crosswalks, and traffic control devices; B. Public drainage structures including, but not limited to, culverts, pipes, levees, and channels; C. Public landscaping and other aesthetic improvements; and D. Poles, wires, conduit, pipeline, and junction boxes for the purposes of conducting, transmitting, and distributing water, sewage, electricity, gas, and electronic communications by the City, its franchisees, and its licensees. PROVIDED, HOWEVER, if the City does not complete construction of the North Broadway Improvement Project by December 31, 2007, this conveyance of the Right-of-Way shall revert to the Grantor. IN WITNESS WHEREOF, the Grantor has hereunto caused this instrument to be executed the day and year first above written. SALINE COUNTY MOUNTED PATROL AND RES~'INC.. ~ By: ~~ Douglas ~hilbroo , Commander STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this ~ day of August, 2006, before me, the undersigned, a notary public in and for the county and state aforesaid, came Douglas L. Philbrook, Commander of the Saline County Mounted Patrol and Rescue Squad, Inc., who is personally known to me to be the same person who executed the above and foregoing instrument of writing and duly acknowledged the execution of the same on behalf of the corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. ~\vLl L )\\..\ ~U(' () '{ Notary Public [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] EXHIBIT A Book: 1136 Page: 1015 ~. ~'V ~4. ~4 ~o !\-Fnd"/2'Bar & "Landmark CLS-II6' +: . ClIp . NE Cor../NI 1/4. See. II. Tl4S. RJW. , , I 101 Soline . County Mounted Potrol c!c Rescue SquOd. Inc:. \II _ Book: JJ2 ~~ Poge: 87 ./ t'\ <47.80' N8l"08'27W , lu ~~ N ~~ :ii~ 25.00' N8l"08'2lW P.o.s. Tract ., NOR'l'H SftEET (80' 1UW) I~ S,C) ~i~ \:--1--------------________ 11,26.35.89' (B~~~~:~;------- -------- Fnd. 1/2' Bar . SW Cor../NI 1/4. See. II, Tl45. RJW. P.o.C. Tract ." Fnd. 2' Axl. in Valve Box . SE Cor../NI 1/4, See. II, TltIS, RJW. SCALE 20' 0 ~___-_-...J 1" = 20' 20' I 40' I SURVEY NOTES LEGEND I) Basis Of Bearings - N87'08'ZlW along the South Une of the 5W 1/4 of Section II. T-14-S. R-j-JN. Z) See Page Z of 2 for Proposed LtJr;)al fAscripfions. j) Found MOfXJmenfs shoNn ore os of 6-()6-2006. 4) All Olstances shoNn are Measured unless ottwwise noted. . Found %' Bar with 'MLS 1114' Cop. . Found~' 0.0. Plpe in Concrete (Orlgin Un/(no.vn). . Found Y2' Bar. (Orlgln Un/(nONn). o Set~' Bar wlth '8NR' CoP. @ Set Temporary Polnt. o Found or Set chiseled '.' In Concrete. o Sectlon Corner. C : Calculated from Measurement or R<<;ard. o : R<<;arded Measurement per LtJr;)aIOeserlpllon. M: Measurement per thls Survey. R : Recorded Measurement per Plat. Sectlon Une. Property Une. Exlstlng Rlght Of Way/Roadway Easement Existlng Easement. Proposed Rlght Of Way. Proposed Easement or Temporary Right of Entry 5) All Bearlngs shoNn ore Measured unless ottwwlse noted. 6) All Monuments shONn ore of 'UNKNONN ORIGIN' unless ofherwlse noted. SHEET 1 OF 2 PARCEL #1 SALINE CO, MOUNTED PATROL & RESCUE SQUAD, INC. TRACT IN NW V4 SEC. 11, T-14-8, R-3-W, CITY OF SALINA, SALINE COUNTY, KANSAS 1ft 1U00~::v~~nl" 609 .~ST /IOIfT"H STREET SAUItA. KANSAS 61401 '''<<'-J<<>> SURVEY DEPARTMENT nLE NAilEr ~-""". f'IfOJfCT' NO., m:1X85.OI OIMWII 11(, elK CHECKED Bfl DEJ DATC, ~ Book: 1136 Page: 1016 LEGAL DESCRIPTIONS: TRACT # 1 (PERMANENT RIGHT OF WAY) A tract of land lying in the Northwest Quarter(NW 1/4) of Section 11, Township 14 South, Range 3 West of the 6th Principal Meridian, in Salina, Saline County, Kansas, for the use as Permanent Road Right Of Way, and being more particularly described as follows: Commencing at the Southeast (SE) Corner of soid Northwest Quarter (NW 1/4): thence N-OZ'ZZ'05"-E, along the East line of said Northwest Quarter (NW 1/4), a distance of 40.00 feet to the North Right Of Way line of North Street; thence N-87'08'Z7"-W parallel to the South line of said Northwest Quarter (NW 1/4), a distance of 47.80 feet to the POINT OF BEGINNING; thence continuing N-B7'OB'27" -W, a distance of 25.00 feet to the intersection of the North Right Of Way line of North Street and the Southerly Right Of Way line of Broadway Boulevard; thence N-46'Z4'28"-E along the Southerly Right Of Way line of Broadway Boulevard, a distance of 25.00 feet; thence S-20'22'OO"-E, a distance of 19.72 feet to the POINT OF BEGINNING. The above described tract contains 0.01 acres or 226.50 square feet, more or less. COUNTY SURVEYORS CERTIFICATE State of Kansas ) )SS County of Saline ) Reviewed in accordance with K.S.A. 58-ZOOS this/J.+hday of Jutri.e.. ' A.D., 20.Qkz,. ~ L 1t1~ . ~lAry County S~rveyor NOTARY CERTIFICATE State of Kansas ) ) SS County of Saline ~ ' 1,-:::J5m~'::f'~ ~_, 0 Noto,>, public 10 ood foe sold couoty, 10 the stote aforesaid, do hereby certify that Da e L. Kneubuhl, personally known to me to be the same person whose name is subscribe t the foregoing instrument appeared before me this day in person and acknowledged that he signed and delivered the plat of survey as his own free and voluntary act. Given under my hand and Notarial Seal this -B!!:. day of B.iL!:..~----- , Z006. RHONDA L. PALMQUIST No1ary Publlc::-st2:,:te of Kol'llOl MyAppt.Exp. '-//-0'" CERTIFICATION: State of Kansas ) )SS County of Saline ) I. the Undersigned, do hereby certify that I am a Registered land Surveyor in the State of Kansas with the firm of BUCHER, WilLIS & RATLIFF CORPORATION; that the heretofore described property was surveyed by me, under my direct supervision; and that all of the monuments shawn herein actually exist and their positions are correctly shown to the best of my knowledge and belief. This Sllr'vey was completed in June. 2006 and does ownership. (),OR ~ f;...~4.H DAVE L. KNEUBUHl. RlS not certify easements \\\\lII1l/ or "\ \.o..iSN~u~// tpt'~. '\C,SN~S~()""v/", , .- v e. , .... 1412 ::: -. . :- or-:- ... / - _/ 2-6Cd - ."". .Lt7 ...... ~<' ~"'~~NSt-.S ....~ ~ /7t1iD........G~O,' /, SlJR'Jv,' /"111\\\\ (;-/2,-0'-' DATE SHEET 2 OF 2 PARCEL #1 SALINE CO, MOUNTED PATROL & RESCUE SQUAD, INC, TRACT IN NW 'V4 SEC, 11, T-14-8, R-3-W, CITY OF SALINA, SALINE COUNTY, KANSAS Rill. 1UCH~~~~nIFF tilJII "EST' fIORT'H ST'REET SALINA. KANSAS 6T<<JI 7&<<1-~ SURVEY DEPARTMENT mJ: NAM', ~.p/.dgn \~~ PROJEC'I NO.: 200J028S.01 llRAWN8'I', llJC CHECKED In': tEJ OATE: 6~ E;1JU: