Loading...
Real Estate Purchase-VOID , .. AGREEMENT THIS AGREEMENT is made this l$day of (!5d ' 2004, by and between Elmer E. Gerhardt as trustee of the Elmer E. Gerhardt Family Trust (hereinafter "SeHer") and the City of Salina, a municipal corporation existing under the laws ofthe state of Kansas (hereinafter "Buyer"). WHEREAS, SeHer is the owner of certain real property which is legally described at Exhibit "A", which is attached hereto and incorporated herein by reference; and WHEREAS, Buyer is undertaking a roadway improvement project in the vicinity of SelJer's real property, and Buyer has determined it is necessary to acquire a Temporary Construction Easement upon the portion of Seller's real property described at Exhibit A for such project; and WHEREAS, pursuant to applicable Kansas statutes, Buyer has the power of eminent domain to acquire real property for its lawful public purposes; and WHEREAS, in lieu of Buyer's exercise of its power of eminent domain SeHer is willing to sell and Buyer is willing to purchase a Temporary Construction Easement upon Seller's real property described at Exhibit A, and by this written Agreement the parties desire and intend to set forth the terms and conditions of their agreement in writing. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as foHows: I. Seller agrees to seH and Buyer agrees to purchase the foHowing described real property: See Exhibit "A", which is attached hereto and incorporated by reference. 2. Purchase Price. The purchase price for such real property is $6] 5, payable at closing. 3. Temporary Construction Easement. Contemporaneously to the delivery ofthis agreement, SeHer agrees to provide a Temporary Construction Easement to Buyer. Upon delivery from Buyer to Seller of the consideration contained herein, Seller shall file the Temporary Construction Easement in the Saline County Register ofOeeds office. 4. Closing Costs. Buyer agrees to pay the costs of recording all easements. 5. Real Estate Commissions. The parties represent that neither has engaged the services of a real estate agent or broker in relation to this transaction, and that to the best of their respective knowledge no person or entity has a claim for any commission in connection with this transaction. In the event that any person or entity claims a commission from SeHer for services provided to SeHer in relation to this transaction, such commissions are the sole responsibility of 1 , Seller. Seller agrees to indemnify and hold Buyer harmless from and against any and all liability, costs and expenses, including reasonable attorneys' fees, arising out of or pertaining in any manner to any claim for any such commission claimed from Seller. In the event that any person or entity claims a commission from Buyer for services provided to Buyer in relation to this transaction, such commissions are the sole responsibility of Buyer. Buyer agrees to indemnify and hold Seller harmless from and against any and all liability, costs and expenses, including reasonable attorneys' fees, arising out of or pertaining in any manner to any claim for any such commission claimed from Buyer. 6. Notices. The delivery of any documentation or notices as provided hereunder shall be made with respect to Seller to Elmer E. Gerhardt, Trustee, 741 S Ohio Street, Salina, Kansas, 6740], and with respect to Buyer to Tim Orrick, Foth & Orrick, LL.P., ] ]900 College Boulevard, Suite 2] 0, Overland Park, Kansas, 66210, or at such other places as the parties shall hereinafter designate in writing. 7. Closing. The sale and purchase provided herein shall be consummated at a Closing thirty (30) days following the date of the execution of this agreement, or at another date and time designated by the parties. The date and event of the sale and purchase are, respectively, herein referred to as the "Closing Date" and the "Closing". On the Closing Date, Seller shall deliver to Buyer a Temporary Construction Easement. At the Closing, all monies and papers shall be delivered and all other things called for by this Agreement shall be done. 8. Authority to Execute Agreement. Each of the persons executing this Agreement on behalf of the respective parties represents and warrants that they have the authority to bind the party on behalf of whom they sign this Agreement, and that all acts requisite to the authorization to enter into this Agreement have been taken and completed. 9. Choice of Law. The law ofthe State of Kansas shall govern the rights of the parties with respect to this agreement. ] O. Entire Agreement. This contract contains the entire agreement between the parties regarding the subject matter of this agreement. All prior oral or written statements relating to the subject matter of this Agreement are merged into this written Agreement, and no promise or agreement not herein expressed has been made by the parties. None ofthe provisions contained in the Agreement may be changed except by an instrument in writing signed by all of the parties hereto. 2 ] I. Agreement Binding. This agreement, and the obligations of the parties, are joint and several obligations of the respective parties, and shall be binding upon the heirs, executors, successors or assigns of the respective parties. IN WITNESS WHEREOF, the said parties have hereto set their hands the dp- ~ ,'~~ ..s ~~~ first above written. (Þ~~~\.~ SELLER: / ~~ ÇtJ ð~JtR~~ Elmer E. Gerhardt, Trustee Elmer E. Gerhardt Family Trust ACKNOWLEDGMENT STATE OF KANSAS ) )SS. COUNTY OF SALINE ) BE IT REMEMBERED that on this I~'" day of # ~./ , 2004, before me, the undersigned, a notary public in and for the county and state aforesaid, came Elmer E. Gerhardt the trustee of the Elmer E. Gerhardt Family Trust and who is personally known to me to be the same person who executed the within instrument of writing and duly acknowledged the execution of the same on behalf of the Elmer E. Gerhardt Family Trust and for the purposes and consideration therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. l' My appointment expires: / ¿J ~ ð / - 02o,ø ? BUYER: By: ACKNOWLEDGMENT STATE OF KANSAS ) )SS. COUNTY OF SALINE ) . BE IT REMEMBERED that on thiS~ of ~ 2004, before me, the undersigned, a notary public in and for the county and state aforesaid, came Monte D. Shadwick, the Mayor of Salina, Kansas, who is personally known to me to be the same person who executed the within instrument of writing and such person duly acknowledged the execution ofthe same on behalf of the City of Salina for the purposes and consideration therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last ab e wr' te My appointment expires: ft . LIEU ANN ELSEY ~ Notary Public - State of Kansas My Appt. Expires 3 Exhibit A LEGAL DESCRIPTION OF REAL PROPERTY TO BE CONVEYED: A tract ofland in the Southwest Quarter of the Northwest Quarter of Section 7, Township 14 South, Range 2 West of the 6th Principal Meridian in Saline County, Kansas, and described as follows: Commencing at a point 45.720 meters, (150.00 feet) south ofthe point of intersection of the East line of Ohio Street and the South line of the right of way of the Missouri Pacific Railroad, said east line being 10.668 meters (35.00 feet) east of the west line of said Southwest Quarter of the Northwest Quarter; Thence due south, 26.213 meters (86.00 feet) to a point; Thence due east to a point 12.192 meters (40.00 feet) east of the west line of said Southwest Quarter of the Northwest Quarter, said point being the point of beginning; Thence continuing due east, 3.048 meters (10.00 feet); Thence north and parallel with the west line of said Southwest Quarter of the Northwest Quarter, a distance of27.615 meters, (90.6 feet), more or less, to a point that is 45.720 meters (150.00 feet) south of the south line of the right of way of the Missouri Pacific Railroad; Thence southwesterly and parallel with said railroad right of way to a point 12.192 meters (40.00 feet) east of the west line of said Southwest Quarter of the Northwest Quarter; Thence south and parallel with said west line to the POINT OF BEGINNING. Said tract contains 82.87 square meters (892 square feet), more or less. SUCH TEMPORARY CONSTRUCTION EASEMENT SHALL EXPIRE UPON THE COMPLETION OF CONSTRUCTION, OR BY JULY 31, 2007, WHICHEVER OCCURS FIRST. 4