Contract of Real Estate
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CONTRACT OF SALE OF REAL ESTATE
This Contract of Sale of Real Estate ("Contract") is entered into this 2f day of June,
2004, by Jimmy Mud Hunter and Rita Jane Hunter, husband and wife, ("Seller") and the City of
Salina, Kansas ("Buyer").
1. Propertv. Seller agrees to sell and Buyer agrees to purchase the Saline County,
Kansas, real estate described as follows:
A parcel in Lot Five (5), East Gardens, an Addition to the City of Salina, Saline County,
Kansas, described as follows:
Beginning at the Northeast comer of Lot 5; Thence S 00°00'00" W 74.81 feet along the
East line of Lot 5; Thence S 71°39'29" W, 97.47 feet; Thence N 18°20'31" W, 71.01
feet; Thence N 71 °39'29" E, 121.01 feet along the North line of Lot 5 to the point of
beginning.
Described in Book 373 at Page 99 ofthe Records of Saline County, Kansas.
Said tract contains 0.18 acres, more or less;
together with all appurtenances, permanent improvements and fixtures (the "Property"), upon the
terms, conditions and requirements set forth in this Contract.
2. Purchase Price. The Purchase Price for the Property shall be the sum of Forty-
nine Thousand and No/hundredths Dollars ($49,000.00), which shall be paid in cash on Closing
Date, subject to adjustment for the proration of real estate taxes. The parties acknowledge that
the purchase price is limited to purchase of the Property and that Seller shall be separately
compensated for any relocation expenses to which Seller is entitled in accordance with the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended
by the Surface Transportation and Uniform Relocation Assistance Act of 1987, administrative
regulations contained in 49 C.F.R. part 24 (Uniform Relocation Assistance and Real Property
Acquisition for Federal and Federally Assisted Programs), and KS.A. 58-3501, et seq.
3.
Payment of Expenses. Buyer shall pay the following expenses:
(a)
(b)
(c)
(d)
Cost of preparation of contract and deed;
Entire title insurance premium;
Any closing fee; and
Cost of recording deed.
4. Escrow Ae:ent. Land Title Services, Inc., Salina, Kansas, is designated as the
Escrow Agent of the parties and shall hold this Contract, deed, title insurance policy, and all
other papers of transfer pending the complete fulfillment of this Contract. The Escrow Agent
shall receive and disburse all payments to be paid under this Contract.
.
5. Evidence of Title. As soon as reasonably possible after execution of this
Contract, Buyer shall request the preparation of a commitment for an owner's title insurance
policy in the amount of the Purchase Price, insuring Buyer's title, subject only to liens,
encumbrances, exceptions, or qualifications set forth in this Contract, and those which shall be
discharged by Seller at or before Closing. Buyer shall have ten (10) days after receipt to examine
the title insurance commitment and to notify Seller in writing of any requirements to make the
title marketable. In case of a dispute between the parties as to marketability of the title, the Title
Standards adopted by the Bar Association for the State of Kansas, and the Kansas Marketable
Title Act, as amended, shall control.
6. Closine: Date and Possession. The Closing Date shall be on or before July 9,
2004. "Closing" means the settlement of the obligations of Seller and Buyer to each other under
this Contract, including the payment of the Purchase Price to Seller, and the delivery to Buyer of
a deed in a proper form for recording so as to transfer to Buyer fee simple title to the Property,
free of all encumbrances except as herein stated.
7. Possession. Seller shall be permitted to occupy the Property through September
30, 2004, pursuant to a license agreement to be entered into between the parties prior to Closing.
Seller's continued occupancy of the Property after Closing shall be exclusively for Seller's
continued use in the same manner and for the same purpose as Seller's current use of the
Property. The license agreement shall not require any cash payment by Seller to Buyer, but shall
require Seller to indemnify and hold Buyer harmless from all claims arising from Seller's
continued occupancy of the Property and shall require proof that Seller has continued in effect
Seller's current general liability coverage of $500,000 on a per occurrence basis. Buyer shall not
be responsible for maintenance of the Property or restoration of damage to the Property from any
cause during Seller's continued occupancy. Buyer shall take possession of the Property
commencing October 1,2004.
8. Restrictions. Easements. Limitations. Taxes. Buyer shall take title subject to
the following: zoning restrictions, covenants, and matters appearing on the plat or of record;
public utility easements of record. Real property taxes and special assessments to Closing shall
be the responsibility of Seller, shall be determined in accordance with K.S.A. 79-1804, and shall
be paid from the sale proceeds at Closing.
9. Insurance and Casualtv Loss. Seller agrees to maintain in force until the
Closing Date, all casualty insurance now in effect on the Property, at which time that insurance
may be canceled. In the event of loss or damage by fire, flood, wind, hail, or other causes to the
Property prior to the Closing Date, the proceeds of any insurance on the Property shall belong to
Seller; provided, however, Seller agrees that the Purchase Price shall be reduced by the amount
of such insurance proceeds paid to Seller.
10. Materialmen's Liens. Seller certifies that at Closing there will be no lien
claimants, nor potential lien claimants, nor improvements to the Property for 120 days prior to
Closing Date. If there have been improvements on or to the Property within 120 days prior to the
Closing Date, Seller shall deliver releases or waivers from the general contractors,
subcontractors, suppliers, and materialmen furnishing the labor or materials for such
improvements, together with such affidavits as Buyer may reasonably require naming such
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persons and reciting that all bills that might serve for a basis for materialmen's liens have or will
be paid prior to or at Closing.
11. Conveyance. Seller shall properly execute the appropriate warranty deed
conveying the Property to Buyer free and clear of all liens and encumbrances whatsoever, except
as herein provided, and shall place such deed in escrow with the Escrow Agent as soon as may be
reasonably possible. If Buyer shall pay the sums of money as they become due and payable, and
otherwise fully comply with the provisions of this Contract, then this Contract shall become
binding and the Escrow Agent shall deliver the warranty deed and other documents to the
Property to Buyer.
12. Default by Sellers. If Seller is unable or fails to furnish title or possession as
agreed in this Contract, Buyer may cancel this Contract, pursue any remedies available at law or
in equity, initiate an eminent domain proceeding in order to acquire title to the Property, or any
combination thereof.
13. Assie:nment. This Contract or any right or interest in the Property shall not be
assigned by either Seller or Buyer.
14. No Commission. The parties stipulate that they have not consulted with any real
estate broker or salesperson with respect to this sale, and that no commissions arising from this
sale are due and owing.
15. Real Estate Reportine: Person. The parties agree that the Escrow Agent is the
real estate reporting person as that term is defined under Internal Revenue Code Section 6045(e).
Seller agrees to provide Escrow Agent with a written statement, certified under penalties of
perjury, setting forth Seller's correct name, address, and taxpayer identification number. The
parties further agree that Escrow Agent shall be required to file the informational return required
by Internal Revenue Code Section 6045.
16.
Time. Time is of the essence of this Contract.
17. Persons Bound-Copies. This Contract shall extend to and bind the heirs,
executors, administrators, trustees, successors, and assigns of the parties, and may be executed in
any number of counterparts, each of which shall be deemed an original, or in multiple originals,
and all such counterparts or originals shall for all purposes constitute one agreement.
18. Facsimile.. For purposes of this Contract and the addenda, attachments or
amendments thereto, Seller and Buyer agree to accept facsimile signatures and initials as
originals.
19. Mere:er Clause. These terms are intended by the parties to be a complete,
conclusive, and final expression of all the conditions of their Contract. Any amendment to this
Contract, including an oral modification supported by new consideration, must be reduced to
writing and signed by both parties before it will be effective.
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IN WITNESS WHEREOF, the parties or their authorized representatives have hereunto
set their hands the day and year first above written.
SELLER
By: \;Mf; ~ ~ lJ~
mÍny M Huntèr
By:
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BUYER
By:<¿) --~
Dennis M. Kissinger, lty Manage~
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RECEIPT BY ESCROW AGENT
The undersigned hereby acknowledges receipt of the executed original of this Contract,
and agrees to act as Escrow Agent and Real Estate Reporting Person as~fi~el. efined under Internal
Revenue Code Section 6045(e). This receipt is executed this ~ day ot~2004.
LAND TITLE SERVICES, INC.
By:
lAND TITlE SERVICES
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Upon recordation, this
instrument is to be returned to:
Reserved for Register of Deeds
Land Title Services, Inc.
136 N. 7th Street
Salina, KS 67401
KANSAS WARRANTY DEED
On this 9- day of July, 2004, JIMMY MURL HUNTER AND RITA JANE HUNTER,
husband and wife, as GRANTORS, convey and warrant to the CITY OF SALINA, KANSAS as
GRANTEE, that certain portion of land owned by the GRANTORS, as legally described on the
attached and incorporated Exhibit A.
for the sum of One Dollar and other valuable consideration.
SUBJECT TO zoning or deed restrictions and easements of record.
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Rita Jane ~er
STATE OF KANSAS
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COUNTY OF SALINE
This instrument was acknowledged before me on July q ~ 2004, by Jimmy Mud Hunter
and Rita Jane Hunter, husband and wife.
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Notary Public
REJIECCA SEBIIN r,
RESISTER CF DEEDS V' .I J
elUtE aurrv KINìAS IV
Book: 108ê Page: 818
Receip! I: 18158 Total Fees: $12.88
Pages Recorded: 2
Date Recorded: 7/9J2tt4 2:26:53 PM
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EXHIBIT A
LEGAL DESCRIPTION
A PARCEL IN LOT FIVE (5), EAST GARDENS, AN ADDITION TO THE CITY OF
SALINA, SALINE COUNTY, KANSAS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT FIVE (5); THENCE SOUTH 00
DEGREES 00' 00" WEST SEVENTY-FOUR AND EIGHTY-ONE HUNDREDTHS (74.81 ')
FEET ALONG THE EAST LINE OF LOT FIVE (5); THENCE SOUTH 71 DEGREES 39'
29" WEST NINETY-SEVEN AND FORTY-SEVEN HUNDREDTHS (97.47') FEET;
THENCE NORTH 18 DEGREES 20' 31" WEST SEVENTY-ONE AND ONE HUNDREDTH
(71.01 ') FEET; THENCE NORTH 71 DEGREES 39' 29" EAST ONE HUNDRED TWENTY-
ONE AND ONE HUNDREDTH (121.01 ') FEET ALONG THE NORTH LINE OF LOT
FIVE (5) TO THE POINT OF BEGINNING.
Book: 108ê Page: 819
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TRUSTEE DEED
JOINT TENANCY
Land Title Services, Inc.
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This indenture made this ~ day of ") '- \j¡f , 'A oo<..L by and
between LONNIE D. WILSON, Trustee(s) ofthe LONNIE D. WIllSON REVOCABLE TRUST, dated
03/27/1991, as GRANTOR, and JIMMY MURL HUNTER AND RITA JANE HUNTER, HUSBAND AND
WIFE as GRANTEE.
THE GRANTOR, by virtue of the terms and provisions of said trust agreement, in consideration
of the sum of One ($1.00) dollar and no/1 00 and all other valuable consideration
the receipt of which is hereby acknowledged, does hereby grant, sell and convey to GRANTEE, as joint tenants and
not as tenants in common, with full rights of survivorship, the whole estate to vest in the survivor in the event of the
death of either, the following described real estate in SALINE County, Kansas, to-wit:
SEE APPENDIX A
EXCEPT AND SUBJECT TO: Easements and Restrictions of Record, If Any
THE GRANTOR covenants that the trust remains in full force and effect at this time, that the trustee(s)
has/have authorization to sell and convey all of the above described real estate.
LONNIE D. WILSON REVOCABLE TR\JST
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LONNIE D. WILSON
STATE OF KANSAS )
SALINE COUNTY ) SS.
TAAJoregoing instrument was acknowledged before me this I t--L- day of
~ Vw\.~ ' 2<::x:::J-( by LONNIE D. WILSON, Trustee(s) of the LONNIE D.
WILSON REVO ~BLE TRUST, dated 03/27/1991, on behalf of the Trust.
~ss WHEREOF, I have hereunto set my hand and affixed my seal, the day and year last ahove written,
~ ~ ~~ Term expires: ~ KAREN ~. GEBHARDT
No ry Public Notary Public. State at Kansas
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REBECCA 5EBIAN C/
RESISTER (F DEEDS ../
!ilLItE aurrv KANSAS ...
~ook: 108ê Page: 816
ReceIPt I: 18158 Total Fees' $12"
Pages Recorded: 2 . .
Date Recorded: 7J9J'i!.fIM 2:26:~ PM
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Appendix A - Legal Description
A PARCEL IN LOT FIVE (5), EAST GARDENS, AN ADDITION TO THE CITY OF SALINA, SALINE
COUNTY, KANSAS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT
FIVE (5); THENCE SOUTH 00 DEGREES 00' 00" WEST SEVENTY-FOUR AND EIGHTY-ONE
HUNDREDTHS (74.81 ') FEET ALONG THE EAST LINE OF LOT FIVE (5); THENCE SOUTH 71 DEGREES
39' 29" WEST NINETY-SEVEN AND FORTY-SEVEN HUNDREDTHS (97.47') FEET; THENCE NORTH 18
DEGREES 20' 31" WEST SEVENTY-ONE AND ONE HUNDREDTH (71.01 ') FEET; THENCE NORTH 71
DEGREES 39' 29" EAST ONE HUNDRED TWENTY-ONE AND ONE HUNDREDTH (121.01') FEET ALONG
THE NORTH LINE OF LOT FIVE (5) TO THE POINT OF BEGINNING.
Book: 108ê Page: 817
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