Real Estate Purchase
AGREEMENT
THIS AGREEMENT is made this ~ day of (J>~ ,2004, by and
between Elmer E. Gerhardt as trustee of the Elmer E. Gerhardt Family Trust (hereinafter
"Seller") and the City of Salina, a municipal corporation existing under the laws of the
state of Kansas (hereinafter "Buyer").
WHEREAS, Seller 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
Seller'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 Seller 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 follows:
I. Seller agrees to sell and Buyer agrees to purchase the following 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 $720, payable at closing.
3. Temporary Construction Easement. Contemporaneously to the delivery of this
agreement, Seller 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 of Deeds 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 Seller for services
provided to Seller in relation to this transaction, such commissions are the sole responsibility of
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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,
67401, and with respect to Buyer to Tim Orrick, Foth & Orrick, L.L.P., 11900 College
Boulevard, Suite 210, 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 ofthe 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.
10. 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 of the provisions contained
in the Agreement may be changed except by an instrument in writing signed by all of the parties
hereto.
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11. Agreement Binding. This agreement, and the obligations of the parties, are joint and
several obligations ofthe 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 day and year
first above written.
,à .
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MARCIA D. SIMS
NOTARY PUBLIC
STATE Of S
My Appl Exp.
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SELLER:
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Elmer E. Gerhardt, Trustee
Elmer E. Gerhardt Family Trust
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ACKNOWLEDGMENT
51' ArE OF KANSAS
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)SS.
COUNTY OF SALINE )
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BE IT REMEMBERED that on this~__day of C 1""b I?ea.. 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, [ have hereunto set my hand and affixed my official seal the day and year last
a~n'fÀ ~ ---I n /) " 'ÿ/
N;t~ry-ft~~' (~ My appointment expires: q ( 0/ d--õO ç-
BUYER:
City of Salina, Kansas
By ¿~t~
ACKNOWLEDGMENT
STATE OF KANSAS
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)SS.
COUNTY OF SALINE ) fk.-
BE [1' REMEMBERED that on this ~day of ~004. before me, the undersigned, a
notary public in and for the l:Ounty and state afiJresaid, 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. [ have hereunto set my hand and atlïxed my official seal the day and year last
aNbo~t..a' r~.\VI)~ui tb.~IIIC'. ..un ~ My ,",po ¡",m~ I "' pi~"
,--¡ ~ . LIEU .'JJN ELSEY
~ Notary ¡ ¡ie - State of Kansas
My Appt Exp;: C3
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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 of the 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.
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