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6.2 Agr Exchange PropertyCITY OF SALINA REQU ES T FOR COMM I S S 1 ON ACT I ON DATE T I ME 7/2/1984 4:00 P.M. AGENDA SECTION: Consent ORIGINATING DEPARTMENT: APP, ,.>~.~, ~O/FO)RVED FO NO. 6 City Clerk ~A:~~ . ITEM NO. 2 BY: D. L. Harrison B Authorize the Mayor to sign an agreement between the Planters Bank and Trust Company and the City of Salina to exchange property. Planters Bank and Trust Company owns Lots 110, 111, 112, 113, on Iron Avenue and Lot 114 on 8th Street in the Original Town of Salina, Saline County, Kansas. And the City of Salina owns Lots 88 and 90 on 5th Street, Original Townsite of Salina, Saline County, Kansas. COMMISSION ACTION MOTION BY SECOND BY TO: AGR~NT This Agre~nent, made and entered into this day of June, 1984, by and betwsen the CITY OF SALrNA, KANSAS, a municipal corporation, hereinafter referred to as the "City", and PIANTERS BANK AND TRUST COMPS, a Kansas banking corporation, hereinafter referred to as "Planters", WITNESSETH: WHEREAS, the City is the owner of the following described property, to wit: Tract #1: Lots Eighty-Eight (88) and Ninety (90) on 5th Street, Original Townsite to the City of Salina, Saline County, Kansas; WHEREAS, Planters is the owner of the following described property, to wit: Tract #2: Lots C~e Hundred Ten (110), One Hundred Eleven (111), One Hundred Twelve (112) and One Hundred Thirteen (113) on Iron Avenue and Lot One Hundred Fourteen (114) on 8th Street in the Original Town of Salina, Saline County, Kansas; WHEREAS, the parties hereto desire to exchange the properties above described. NCW THREFORE, it is mutually agreed by and between th~ parties hereto as follows: (1). Exchange of Property. City hereby agrees to convey and transfer title to Planters all of its right, title and interest in and to Tract #1 and Planters hereby agrees to convey and transfer title to the City all of its right, title and interest in Tract #2. (2). Title Evidence. City agrees to provide Planters with an Owner's Policy of Title Insurance in an amount of $ to Tract #1 showing merchantable title thereto vested in City, free and clear of all liens and encumbrances. Planters agrees to provide City with an Owner's Policy of Title Insurance in the amount of $ to Tract #2 showing merchantable title thereto vested in Planters, free and clear of all liens and encumbrances. (3). Taxes. Planters agrees to pay all real estate taxes on Tract #2 which may have been levied against the premises for the year 1983 and all prior years. Any taxes levied against Tract #2 for the year 1984 prior to Closing Date shall be paid by Planters. City warrants that there have been no real estate taxes levied against Tract #1 and that Tract #1 will be free and clear of any past due taxes when transferred to Planters. (4). Possession and Closing Date. Parties agree that this real estate exchange shall be closed on or before July __ , 1984. Posses- sion shall be given on Closing Date. (5). Authorization. Both parties agree that they have taken all steps necessary to authorize their officers to execute this agreement and the deeds of transfer which will be necessary to convey tb~ title to their respective tracts of real estate to the other party. (6). Extent of Agreement: This agreement shall be binding upon the successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their proper officers who have been duly authorized to CITY OF SATJNA, KANSAS Mayor City Clerk PLANTERS BANK & TRUST COMPANY