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Untitled (2) ,\'4. ,COL ,, REBECCA SEEMAN ;• k• : iGISTER OF DEEDS SALINE COUNTY KANSAS •Entered inTragst RertjuuoiIT '`a`°;;`".:A Book: 1257 Page: 367-370 Jn • — r • °F°°' Receipt ^: 83348 Recording Fee QUO 1011.11 20 +, a ' Pages Recorded: 4m �4RM d J d otof _ __ /, A lJ 11b et d!� r#+.r.n 4 A, ' Date Recorded: 12/9/2012 329:57 PM _ ,,, OF n : ty Clerk ,''•,, 0 PUBLIC RIGHT-OF-WAY DEED THIS INDENTURE, made this 13 day of IVOyen br , 2012, by and among JANICE ABBOTT, Trustee of the JANICE ABBOTT TRUST dated March 27, 2001 (the "Trust"), as record title holder, and D & E RENTAL, INC., a Kansas corporation, as contract purchaser, (collectively, 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 GENERAL PUBLIC that certain portion of land owned by the Grantor as legally described on the attached and incorporated Exhibit A and depicted on the attached and incorporated Exhibit B 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. Upon being first duly sworn upon oath,Janice Abbott further covenants that: (1) she is the Trustee under the Trust, to which the above-described real estate was conveyed; (2) the Trust is a revocable trust; (3) the Trust remains in full force and effect at this time; (4) she is the duly qualified and acting Trustee under the Trust; and (5) as such Trustee, she is authorized, pursuant to the Trust and without any limitation whatever, to convey all of the above-described public right-of-way. dim,2.oQ , Book: 1257 Page: 368 IN WITNESS WHEREOF, the Grantor has hereunto caused this instrument to be executed the day and year first above written. JANICE ABBOTT TRUST Dated March 27, 2001 / / By i%� L1 ..�� Janie-7b•ott, Trustee D& E RENTAL, INC. /' By G 7��, iI— ,Do - - , s n1 President STATE OF FLORIDA, COUNTY OF Lycx- , ss: This instrument was acknowledged before me on the (3 day of NOV ', 2012, by Janice Abbott, Trustee, under the Janice Abbott Trust dated March 27, 2001. ;,ot;t`^tnuft14, e s r:> .<°'t„ o Notary Public : j : %'• 8E:O9177i e. STATI'} NP S,�tOUNTY OF SALINE, ss: This instrument was acknowledged before me on the 07thday of Hooe,,.`At1/4 , 2012, by:_non ti :.Deatherage, as President of D &E Rental, Inc. MARLENE K. DAME LiSIA Notary Public-State of Kansas fl f l<_ Aq�, QJ My Appt. Expires (o- I-.Z O1s Notary Public [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] Book: 1257 Page: 369 EXHIBIT A Owner:JANICE ABBOTT TRUST North Street Project 06-1591 PUBLIC RIGHT OF WAY A tract of land situated in the Southwest Quarter of Section Eleven 1 lTownship 14 South,Range 3:0irest of the 6th Principal Meridian,in Saline County,Kansas,which is - more particularly described as follows: Commencing at the west corner of said Southwest Quarter,thence on an assumed bearing' of N 89°51'24"E along the north line of said Southwest Quarter,a distance of 1059.6, feet to the point of beginning,said point being the northwest Corner of a tract described in Deed 1300h 394,Page 560,Saline County Register of Deeds Office,salia,Kansas. Thence continuing N89 51'24"13,along said north line,a distance of 700.9 feet,more or leSS,to the west right of way line of Highway 40,said-point being the northeast corner of said tract described in Deed Book 394;Thence S 50°42'1 I"W,along said right of way line,a distance of 79.19 feet to a point,said point being on the south tight of way line of North Street;thence S 890 51'24"W,along Said south right of way line,a distance of 639.42 feet to a point on theyestitneof said tract described in Deed Book 394;Thence 14 000 13'53"W,along said west line,a distance of 50.00 feet to the point of beginning. Said Pehlke Right of Way contains 33,507:9 square feet,more or leas: •oft0 !1/411,1?/4.4; A 41‘ ID 47_.ir • r-cact. '4,941 Book: 1257 Page : 370 E)WiBIT B OWNER:Janice Ahbiaft Trust AREA: 3,507.0.Squire Feet* scale =200' to LOU) NOO°13463W CC!ED too' Point,of Be01119140 Janice Abbott Trust Ye ?b.:Et 2 North line of,SW/4 S11rt14S.R3W. A W14 Cotner 1-T1.46-HitW The accompanying ptat does not constitute a boundary sttnot, WILSON eitglANY 17,00 E:tron ‘ 'Salina'KS 67401 7§..547-0433 00 au- fzin -zvo