8.6 Agr Sell Meyer Add Lts CITY OF SALINA
REQUEST FOR COMMI SS ION ACTION DATE TIME
1/9/1989 . 4:00 P.M.
AGENDA SECTION: Administration ORIGINATING DEPARTMENT: APPROVED FOR
AG EhlI~)A:
NO. 8 Director of Finance
ITEM
NO. 6
BY:Robert K. Biles ~' BY
Disposition of offer received from William N. Miller for the purchase of Lots
14; 15 and 16, Block 5, Meyer Addition.
In its meeting of December 19, 1988, the City Commission authorized City staff
to sell certain lots purchased at the December 6, 1988 Tax Sale. Lots 14, 15
and 16, Block 5, Meyer Addition were not included in the authorization pending
a review by the Parks and Recreation Advisory Board of the suitability of
nearby lots for a neighborhood park. On December 22, 1988, the City received
an offer from William Miller to purchase Lots 14, 15 and 16, Block 5. Mr.
Miller made his offer contingent upon the City
1} Trading Lot 2, Block 5 for Lot 11, Block 5, Meyer Addition.
' 2) Relocating the proposed cul-de-sac on Fredrich as shown on
Attachment 1.
3. .Vacating the utility easement running north and south along the east
line of Lot 14, Block 5, Meyer Addition.
Should a neighborhood park develop as originally proposed, these sale
conditions are quite satisfactory; however, it has yet to be determined
whether a neighborhood park will be developed in this area. In order to
maintain a maximum amount of flexibility for the City while addressing the
offer made by Mr. Miller, City staff recommends making two changes to
Mr. Miller's offer.
The fiPst change would be to sell lots 14 and 15, Block 5, subject to the
dedication of sufficient right-of-way for a cul-de-sac as shown on Attachment
1. This wording would allow the construction of the cul-de-sac if the park is
developed or the completion of Fredrich Drive as a through street if a park is
not developed.
COMMISSION ACTION
MOTION BY SECOND BY
TO:
CITY OF SALINA
REQUEST FOR COMMISSION ACTION D, ATE TIME
q:O0 P.M.
AGENDA SECT I ON: OR I G I NAT I NG DEPARTMENT: APPROV ED FOR
NO. AGENDA:
ITEM
NO.
BY: BY:
Page 2
The second change would be to sell Lot 14, Block §, with the provision that
the utility easement running north and south on the east line of the lot would
be vacated by the City of Salina if Lot 13, Block §, Meyer Addition becomes
part of a neighborhood Park. This would keep the utility easement available
for the residential development of Lot 13 if it is not used for a park. These
suggested changes were discussed with Mr. Miller. He indicated each change
would be acceptable.
Recommended action
Authorize City staff to sell Lots 14, 15 and 16, Block 5, Meyer Addition to
William N. Miller subject to
1) 'Mr. Miller trading Lot 11, Block 5, Meyer Addition to
the City for Lot 2, Block 5, Meyer Addition.
2) Dedication of sufficient right-of-way on Lots 14 and 15, Block 5,
Meyer Addition to provide for a cul-de-sac and
3. The City of Salina agreeing to vacate the North-South utility
easement on the east line of Lot 14, Block 5, Meyer Addition should
Lot 13, Block 5 become part of a neighborhood park.
C01vN I SS ION ACTION
r~)T I ON BY SECOND BY
TO:
~ REAL ESTATE PURCHASE AGREEMENT roeM
REALTOR'
(Foe umw.by members of S~ifns Board of Recltoese , fnc~)
1. PHOPEH~ ADOKESS: ,
together with the appurtenances, permanent improvements and fixtures thereto beinnwinf, including the following items, if any,
now iooatod upon the above described property: ·ttsched and unsttsshed, waU-to-wall carpeting, plumbing fixtures, water softener if
owned, water pumps installed, ~arbsge disposal. ·ttsched incinerators and trash compactors, built.in idtchan appliances* he·ting end
cooling systems, attic fans, hot w·tsr heaters, towel racks, attached kitchen and bathroom cabinets, attached mirrors, liwilt fixtures,
linoleums, eurtsin rods, traverse drapery rods* window shedes, blinds, sm*mens, screen doors, awninls, storm doors, storm windows,
shutters, T.V. and F.M. antannan, permanently attached &,as grill, smoke ahrms, installed burwlur ·bras* m·ff boxes, heys,
automatic i~rige door equ/pment, including transmitters, flowers, trees, shrubs, all isndscepinf metoriab, anything
attached to promisns or improvements thereon, and the following items, conditions end/or deletions:
Dollars ($ ./~ =::J ~-~. ~0 I, payable to $c~br so foib/ws:
{M S / / ~ ,~ ~': 0 in ensh et time of closing. ·nd ,~*
{el $ by Bn~/wr applying for and executing a r'l fixed 1~ first mortwagm io~n ·t an
Initial interost rate not to exeesd ~?~- q~ per annum for I term of ,~":/-~' years.
~1~*' shall apply for said Loan by /1/',/A~- and shall in ~ faith uso roasonoble diligence to obtain the loan and. if
loan esmmttment ia not rmceived. ~nl/s~' may hay· thrso bnsinm days to obtain alturnate financing with ~qual net to the $·~r. or
this controct will bo considered null and void and earnest money shall bo returo~d to ~nl~r. All loan costs, including coat o! crodit
roport and ·ppralesl shall bo coliseted by the lending institution. Loan eequiattion coats to bo paid es follows:
~gul/m* at tho clo~nw of this Contrnst upon receipt of the total pureheoa price, ~'oo of -ti linns and eneumbronons except:
(al Eneumhrances created by the Buyer, (b) Zoning or Deed restrictions and esnoments of recor~
(e) Tenants rights, f/any: (d) lnsuflm~nts, ir any, of ·pedal anessmants not yet due:
fo) Other exceptions, if any:
Cast of ro~rdinw said deed shall bo paid by
S. TITLE: Se/b~ shall make available to ~uycr, prior tn closing of this Contract, either an ·bstrnst of title certified to date by n bond-
ed abtrnstor, at Se~s~'s expense, or a standard ownor*s preliminary title insurance report, and after clesinf of this Contract, a
durd ownor*s title insurance policy which will insure ~nyer against loss or damage to tbs extent of the total purelues price by reason
of dehets in the title of Sc/bt to pal.d real estate, subject to the ·boys exceptions, the east to bo paid es follOw.s~.~ ~ -
Upon deliver7 of said ·bstcect of title certified to~d;ats, or preilminur7 owner's title g, curonce report, ~ags~. shall have a ronsueabin
time not to exceed -~' days to examine the same and return tho esmo to Sc/be with any written objections concerning the
marketability of the title or the nme shall bo deemed waived. If the $e//4~ shell bo unable to deliver marketable title es heroin pro-
viced, the earnest money deposit shell bo returned to ~nyf~* and this Contract shah bo of no further force or effect.
6. CLOSING AND POSSESSION: This Contract shall be closed on Or before the *~/ thy of -/~'~ .~ - 19-~ 9 ,.., with
· ~/b~ to wive possession to ~ul;or, after clesinL on or before -~. .~ m. the , ,~/ clay of ' *~'°, - ,19
7. COMMISSION: Upon closing of this Contract, · broker's commission according to listing ·rresment shall bo paid by $c~r to
the Ibting broker.
6. MECHANICS LIENS: Sal/~P shall pey ·ii controetors, sub~ontroetors, isboro~, meterlalmen'or cuppliors for all w*rk dono or
matsr'nd furuished to the above property prior to the closinw of thb Contz~ct which mfwht form the ba~ of a m~shanin's Iran. ~*
sholl fndomnify and hold ~sysr harmless from ·ny oblft~tlon for p*ymont of any ·mounts by raason of any m~'honk'e lian~
may bm flied for labor performed or m·torial furnished prior to th· ciocing of this Contrnst.
(CONTINUED ON RgVK~gff 9IDL~
." ~ (CONTINUED FROM FRONT SIDffi
' ~ g. PRORATION~
~) T~ AND ASSESSMENT~ T~e. and uie~meaU for 1~ and ~ pH~ 7~ ~b~ ~ ~d by Se~. All ~x~
~r. ~ of da~ of ~Hto~ Xf the amount of any su~ tax to ~ p~rat~ ~nnot then ~ ~. ~t~
~putd on the amount their for the pre,lng ye~.
~)RENTS: Any due or p~paid rent shall b pr~ted. ~th leto a~men~ Hd de~. ~ any. traub~ to ~s~r at
of cl~hf
(e)NOME A~OCIATION DUE~ All home u~ation dues. ~ ony. for pH~ yem sh~ h p~d by the S.~ and for the ~nt
ye~ sh~ b p~ated H of the date of possession.
(d)INSUMNCt S,~ a~ees to maJnt~n in for~ unto the el~hf of chh ~nt~. aU ~ty hsmnu now h effm on the
~/~ ~p~v,menU. At ~e of closing, s~d insuranco shah b ~ ~n~H~ ad ~,~ shall obuh new ~. ~ mfpd and
pr~
~ ~0. CASUAL~ LOSS: Sd~r shall bear oil Fbk of I~s and kup up ~e ~d ,xtended mverap ~nn on the ~ ~ and
~ p~vemenU un~ thb ~ns~ion b cl~d; thereaRer, iH ~k of IoN sbu ~ ~e by B~p~. If the Hrimatd ~t of ~ of any
h or dmife to the re~ es~te and fmprovemen~ exceeh ~ of the p~hm p~ce. ~y~ sbu ~t~n ~n (10) ~ys of ~eh l~s
hve the opUon ~ dRiare thb entre a~eement to ~ null and void and Ih~ b entitled ~ th ret~ of ~ s~ the~tofo~ ~d
he,under; othe~fse, ail instance pr~eds, plus the imount of the dductible, sublet ~ 1~ payable ~um ~ ochre.
~d by ~,~r ~ ~uVfr and ~Ver shall a~pt the real estlt, and improv~monU In the dama~ undl~on.
; ~. DEFAOLT: Xf either S~r or ~Wfr shall fail to per~ the ~nveBnM of Chh Con~. tb other sh~ hive the opUon
~ dR~ Chh Contract to h null and void or. in th, alterna~v,, such pa~y may r~u~o the s~e ~orman~ of Chh Cont~ ~d
~v,r hmps resulting ~om the fafluro ~ M Mrform. H ~y,F sh~! ~1 ~ ~o~. ~,~ may ~ the ,~ut money ~ to
apply on S,~r~ damages.
~Z INSP[~ONt ~ s~ bye ~ to th ~m ~t~ ~/~ bu~ ~ys ha the h~ Chh ~ h ~mtd
, . by ~ p~s. ~ i~ the p~mins, or have the p~mb~ iu~ted by qu~ M~ns R ~ e~m. ~ de~e the
~m of ~ ~flon h the dweHinf or the ~p I~ to detem~ tho a~pubflit7 of the piratE, h~f ~
'" ~nf sys~ms. ~tehen spplhnces.
. - ~v~r sh~. within two (~ business days follo~nf the end of the M~ f~ such ~ffon. p~d, ~.~. ~th
~. of any defleien~es. If ~uFf~ hals to p~vid, such ~tten nofi~, it shah b ~n~usively pmumd tht the p~m~
~pUble. In the event ~tten notice is ~v~n. ~u~.~ and ~.~ shall a~ in ~tinf within fofly4ifht (~) horn ~om the
t~e of su~ w~Ren notf~, on the mann~ in which any defi~en~es are to b ~Red or either pafly may e~t to ~nfli tbb ~on-
~ ud ~ monies paid hereunder on the puRhase price shin b refundd to Buyer and the~u~n tH p~iee sh~l ~ rele~ ~m
Hy ~h~ hbflit7.
~t~r shall deflver p~fly in same ~nditfon n f~nd on dat, of insp~ion, retable wRr Hd te~ ex~p~.
~ REPNESENTA~ONS AND OISG~IMERS: The ~flies to th. ~n~ct a~ thc nad bring b~ker or hb rep~sen~*
riva hr, made ~ repmenUti~ have ~ven no expreu ~ ~plid w~tleo and hv, round no ~s~sibflJty. ind~y
~7. ~th ~s~t to the ~ndition or oMraUon of appif~m, hei~nf, yes,tins. ~ ~ndi~oninf. plumbing. ~ system.
m~ syst,~ (o~on. ~men~ ~f. struK~, or othe~be, in. on. ~ abut the ~p~vemenU he,in ~
~ * ther und~ thc ~d b~ker or hb ~p~nnUtives 8~ a~nf u apnU only and ~ll in no event wha~ver b held ten,risible
~ M either ~y for p~ominu of any t,~ or condition of thb ~n~aR or for ~mapo f~ non*M~nn th~L The p~tes
~ ~ i~ thc no rep~n~ons have ~en made with respect ~ ehanffl in pMMfly v~uttou, ehn~ in ~xH and meumen~, ea-
. ~- - ..... smn~ ~mium. ~ other simf~ mat~. a~ut which ~uy.~ should make an JndeMndent inves~ptbn.
~ C~ suM~fl H7 p~vfou verbal or ~tten a~menU by ud ~ween the undenipd m ~y Hd nil
~ ~ ' ~ ~Mfly. To the howldp orSf~ Hd ~upr. t~s eon~ ~nUins ~1 of the terns and ~nditbns of i~ment btween tho
.~. ..~ ~fl nMhf the ale Hd p~h~, of said p~fly. Subqu,nt amendmenU, m~ifl~ti~, or rele~ ~m any p~vi~ns
beef s~ b bh~g o~y ~ h ~tin~ and ~p~ b7 ~! ~i~. ~CH PAR~ SIGNING ~18 CONTMCT AGKHOWLE~ES
~. r . ' THAT TN~ HAVE R~D THE ENTIRE
~ , ;~ ~ ~ s~ extend ~ and ~me bindin[ u~n the h*~. ex~uM~, admi~t~t~, s~ and mips of the
~ve p~ ~or ~ the d~ng of this ~n~et. A~ shall not ~il. map or ~ufa th Con~ or 8ny inte~ot in ~d
. _ ..~ ~y. without ~t obt~ing the written ~nsent of
. ~ B~ FU~ER ACKNOWLE~E ~AT S~ L~T~G BROKER ~DIOR S~AGENT REPRESE~ THE
S~LEB UNL~S ~HERW~E DISCLOSED IN THIS AGREEMENT.
h Wimm Wh*m~ the p~ties have sf~ed th,~ names u of the hy and ye~ ~t s~ve ~tten.
SEE YOUR A~O~EY BEFORE SIGNING TH~ CON~A~ IF YOU DO NOT UNDE~TAND ANY P~RT OF ~. '
~CROW AGREEMENT
It b I~ by ~ ~u that , ~W ~ker, ~ he,by desi~t~ e~w apnt of ~th p~es.
~ mon~ ~d Hd ~ b p~d. p~r ~ the el~inw of t~s ~mc~n. and the d~ and otbr paMfl tht may b d,llve~ ber~
ud~. s~! b ~id Hd defive~ ~ ~d es~w april, who shall hold and then pay ~d deriver the ~m. ~ the restive p~Jee
,ntitl~ tbe~to uMn full Mrfoman~ by the p~ies of ~1 the t~ of chh C~ Any hte~st I~ ~ B~kee*o T~st Ac.
~unt ~ blonw to B~kee. S~d broker hereby achowledps ~eipt of in exRuted ~py or chh C~aet and the sum of
H ~ money, and a~eu ~ eec H H~w april ~F shll ox~ut, and deliver a
d~. u~n ~nf chh Contact. the same shah b dolive~ to the e~w apnt ~d the unde~ipd shall ~k~wldp. in ~tinf.
~ipt of the nme. U~n cl~inw of this Contact. pursuant to i~ te~s. the g~ow A~nt shll deliver ~d d~d to ~ hyfr. or
the abt~et or ~tle insurance ~mpany as ~presen~tlve for B~F.r. to place such deed of re~d.
Thh b~ipt h exRuted this day of. 19
FORM OF I~-ARNE:ST MONEY: Trust Aeenunt
"Cheek ~'~ Cash in Name ol:
.- 'I II ~- -, ' I
I
I
. I ~ ~ , ,
i~ /,~o. /~o.o. ~ ¢/),'~, ... ~
. · ~ :~U~C'H/
'~ ¢0. o' ~ ~0' N ~ ~o~"W g3~O;
-,"~ ~~ .~~ ~ :,r~' . ~
~ ~ /~' ~,~ , , '- ,
.._ ~ ...... .~°' r~o¢' 7~;~'
C~rv~y L/ne ~_ · 1334. ~! ~-5 '