Agr Quit Claim DonationAGREEMENT FOR DONATION OF REAL ESTATE
This Agreement is made this,,Y-~ day of t/vlo~'~., 2003, by and between PHILIPS
ELECTRONICS NORTH AMERICA CORPORATION a Delaware corporation, (the "Owner")
and the CITY OF SALINA, KANSAS, a municipal corporation, (the "City").
RECITALS
A. The City, in conjunction with the 1-135 - Water Well Road Interchange Project
(the Project"), wishes to acquire from the Owner a certain portion of land owned by the Owner
(the "Real Estate") legally described on the attached and incorporated Exhibit A and as depicted
on the Engineering Drawing attached and incorporated as Exhibit B.
B. The Owner has elected to donate the Real Estate to the City without
compensation.
C. It is the desire of the Owner to convey the Real Estate to the City upon the terms
and conditions contained in this Agreement.
FOR AND IN CONSIDERATION of mutual and reciprocal promises and agreements
set forth herein, the parties agree as follows:
1. Real Estate. The Owner agrees that the Real Estate shall be conveyed to the City
by Owner's execution and delivery to the City of a Quitclaim Deed identical to the copy attached
as Exhibit C to this Agreement. The Quitclaim Deed shall be recorded by the City with the
office of the Saline County Register of Deeds, at the expense of the City.
2. Compensation. The Owner has elected to donate the Real Estate to the City
without compensation.
3. Covenant of Title. The Owner covenants that (a) it is the lawful owner of the
Real Estate, (b) that all real property taxes due and payable on the Real Estate have been paid,
and (c) that the Real Estate is not subject to any contract for sale or other liens or encumbrances.
4. Environmental Statement. The City, effective on the Closing Date, shall release
and forever discharge the Owner and its successors and assigns from and against any and all
claims, demands, liabilities, and costs (including reasonable attorney's fees) by the City arising
out of or in relation to any hazardous materials occurring on or under the Real Estate after the
Closing Date. Owner and City agree that this covenant shall survive closing of this Agreement.
5. Closing. Closing shall take place on or before ,2003. At closing
the Owner shall deliver to the City the fully executed and acknowledged Quitclaim Deed.
6. Binding Effect. The terms of this Agreement shall be binding upon and inure to
the benefit of the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year
first above written.
"Owner"
PHILIPS ELECTRONICS NORTH AMERICA
CORPO~
"K\.~J'~\,I?¥ ¥~t , .., I [Name]
-, ....... ;.'
CITY OF SALINA, KANSAS
Dennis M. ager
-2-
TRACT NO. 5
pROPERTY OWNER:
'PHILIPS ELECTRONICS NORTH
1251 Ave. of Americas 19 FL
New York, NY 10020
AMERICA: CDRPORATION
LEGAL DESCRIPTION.
A trak. of land in the Northwest Quarter of Section Twelve (12), Township F~een (15) south, .Range
Three (3) West of the Sixth (6~). 'Principal Meridian,. Saline County, Kansas, more particularly
described as follows: Commencing at the Northwest corner of said Quarter Section; thence on an
assumed bearing of South 89 degrees 43 minutes 35 seconds East, a distance of Seventy and Thirty
hundredths (70.30) feet along the North line of said Quarter Section to the Easterly right-of-way line of
Ninth Street; thence South 00.degrees 01 minutes 02 seconds East, a distance of Forty.-five and 'no
I~undredths (45.00) feet along said. Easterly right-of-way line to the Southerly right-of-way line-of'
Waterwell Road' and the Point of Beginning;
thence South 00 degrees 0I minutes 02 seconds East, a distance of Thirty andF°rty-four
hundredths (30.44) feet continuing- along, said: Easterly' right-ofwvay line.of Ninth Street;
thence North 77 degrees 51 minutes 04 seconds East, a distance of Forty-five and Seventy:five
hundredths (45.75) feet; '
thence South 89 degrees 43 minutes 35 seconds East, a distance ot~Two hundred Forty'Six and
· : . 'Six hundredths (246.06) feet;
- thence North 20 degrees 31 minutes 48 seconds East, a distance Of Twenty-one and Ninety-five
hundredths (21.95) feet to a point on said Southerly right-of-way line. of Waterwelt Road;
- thence North 89 degrees 43minutes 35 seconds West, a distance, of TWo hundred Ninety-eight
and Fifty hundredths (298.50) feet along said Southerly right-of-way line to the point of.beginning.
The above described tract of land contains 0.14 acres, more or less.
Prepared b~ D.' Klanke
-File Name: Tract 5
Date: October 30, 2002
Exhibit A
Uni-Properties
Coodvonced Stores Co.
North Americon
Philips Electric Corporofion
'Russell ond Russell, Inc.
pt. El/Z, $EI/4
S~c. 2, TI55, R3W
5*362.424
I~larl~ L. Miller and
Advantage Trust Compny
Right of' Woy
to be Acquired
Exhibit B