Relocation Agreement.2
AGRE~MENT , .
THIS AGREEMENT is made this 1.~ of ~, 2004, by and
between Lawrence D. Triplett as trustee of the Lawrence D. Triplett Trust UIA
(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 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 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 $10, I 00, payable at
closing.
3. Union Pacific Right-of-Way. Buyer hereby affirms its negotiations as of the date of
this Agreement with Union Pacific Railroad with respect to a Memorandum of Understanding
pertaining to all aspects of the impact of the underlying N. Ohio Street grade separation project
on Union Pacific railway lines. Buyer agrees to diligently pursue the acquisition of any
abandoned Union Pacific right-of-way abutting the southern property line of tract I, which is
described more fully in Exhibit "A", limiting this area to that located between N. Ohio Street and
the western-most property line of tract 1. If, and only if, Seller successfully acquires said Union
Pacific right-of-way abutting the southern property line oftract I as part of the Memorandum of
Understanding, Seller shall grant any such right-of-way as detailed herein to Seller.
4. Fee Simple Title. Contemporaneously to the delivery of this agreement, Seller agrees
to provide a warranty deed to Buyer, subject only to such liens and encumbrances as may be
approved by Buyer. Upon delivery from Buyer to Seller of the consideration contained herein,
Seller shall file the warranty deed in the Saline County Register of Deeds office.
5. Proration. Seller shall pay all real property and other taxes, general and special, all
assessments of any kind or nature, which are due and have accrued at the date of Closing, and
Buyer shall assume such taxes or assessments which become due and owing after the date of
Closing.
6. Closing Costs. Buyer agrees to pay the costs of recording all deeds and other
instruments tendered to it.
7. 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
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.
8. Possession Delivered at Closing. Seller shall be entitled to possession of the property
prior to closing. Absolute and unqualified possession shall be delivered to Buyer at 5:00 p.m. on
the date of closing, unless extended in writing by Buyer.
9. Notices. The delivery of any documentation or notices as provided hereunder shall be
made with respect to Seller to Mr. Lawrence D. Triplett, trustee of the Lawrence D. Triplett Trust
UIA, P.O. Box 647, Salina, Kansas 67402 and with respect to Buyer to Tim Orrick, Foth &
Orrick, L.L.P., 11900 College Boulevard, Overland Park, Kansas, 66210, or at such other places
as the parties shall hereinafter designate in writing.
10. 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 Warranty Deed conveying to Buyer
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the property herein sold free and clear of all liens, taxes, charges and encumbrances
whatsoever, excepting those recorded restrictions and easements approved by Buyer. At
the Closing, all monies and papers shall be delivered and all other things called for by
this Agreement shall be done, including the proration of taxes, assessments, and other
items called for in this contract.
11. 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.
12. Choice of Law. The law of the State of Kansas shall govern the rights of the parties
with respect to this agreement.
13. 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.
14. 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.
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IN WITNESS WHEREOF, the said parties have hereto set their hands the day and year
first above written.
S~LL c-V~ ~~
La~rence D. Triplett
Trustee, Lawrence D. Triplett Trust U/A
SS# ~?7- ~R'-OOS'/
ACKNOWLEDGMENT
STATE OF KANSAS
)
)SS.
COUNTY OF SALINE )
BE IT REMEMBERED that on this Lday of ~ ,2004, before me, the undersigned, a
notary public in and for the county and state aforesaid, came Lawrence D. Triplett who is personally known to me to be
the same person who executed the within instrument of writing and such persons duly acknowledged the execution of
the same 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
abo~tte)h i/ / /J . /?/),h1 /. é2CJD.5
~ .lI ~ My appointment expires: ~-- ./
Notary Public
-- .__n._'
City of Salina, Kansas
dIffi ~~:~;~:~r:7;~~:~
-,-- -' ..',
BUYER:
By:
~
ACKNOWLEDGMENT
STATE OF KANSAS
)
)SS.
COUNTY OF SALINE )
BE IT REMEMBERED that on this 1.~y 0 , 200~efore me, the undersigned, a
notary public in and for the county and state aforesaid, came Monte D. adwick, 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 of the 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
My appointment expires:
A . LIEU ANN ELSEY
~ Notary Public - State of Kansas
My Appt. Expires4
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Exhibit A
LEGAL DESCRIPTION OF REAL PROPERTY TO BE CONVEYED:
FEE SIMPLE ESTATE
A fee simple interest in a tract of land in a portion of Lots 6 and 7, East Gardens, an
addition to the City of Salina, Saline County, Kansas, and described as follows:
Beginning at the Southeast comer of said Lot 7;
Thence Northerly along the East line of said Lots 7 and 6 on an assumed bearing ofN
00°00'33" W, a distance of 47.570 meters (156.07 feet) to a point 29.566 meters (97.00
feet South of the Northeast comer of said Lot 6;
Thence S 71 °29' 42" Won a line parallel with the North line of said Lot 6, a distance of
5.846 meters (19.18 feet);
Thence S 08°38'08" E, a distance of 16.642 meters (54.60 feet);
Thence S 00°00'33" E, a distance 01'30.281 meters (99.35 feet) to a point on the South
line of said Lot 7;
Thence N 71 °29'59" E, along said South line, a distance of 3.214 meters (10.55 feet) to
the POINT OF BEGINNING.
Said tract contains 166.56 square meters (1793 square feet), more or less.
AND
TEMPORARY EASEMENT
A temporary construction easement in a tract ofland in a portion of Lot 7, East Gardens,
an addition to the City of Salina, Saline County, Kansas, and described as follows:
Beginning at a point on the South line, 3.214 meters (10.55 feet) Southwesterly of the
Southeast comer of said Lot 7, said South line having an assumed bearing of S 71 °29' 59"
W;
Thence N 00°00'33" W, a distance 01'25.372 meters (83.24 feet);
Thence S 85°19'42" W, a distance 01'2.446 meters (8.03 feet);
Thence S 00°00'33" E, a distance 01'25.988 meters (85.26 feet) to a point on the South
line of said Lot 7;
Thence N 71 °29' 59" E along said South line, a distance of 2.571 meters (8.43 feet) to the
POINT OF BEGINNING
Said tract contains 62.60 square meters (674 square feet), more or less.
AND
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TEMPORARY EASEMENT
A temporary construction easement in a tract of land in a portion of Lots 6 & 7, East
Gardens, an addition to the City of Salina, Saline County, Kansas, and described as
follows:
Commencing at the Southeast comer of said Lot 7;
Thence Northerly along the East line of said Lots 7 and 6 on an assumed bearing ofN
00°00'33" W, a distance of 47.570 meters (156.07 feet) to a point 29.566 meters (97.00
feet South of the Northeast comer of said Lot 6;
Thence S 71 °29' 42" W on a line parallel with the North line of said Lot 6, a distance of
5.846 meters (19.18 feet) to the Point of Beginning;
Thence S 71 °29' 42" Won said parallel line, a distance of 5.081 meters (16.67 feet);
Thence S 00°00'33" E, a distance of 8.850 meters (29.04 feet);
Thence N 71 °31 '40" E, a distance of 6.428 meters (21.09 feet);
Thence N 08°38'08" W, a distance of 8.523 meters (27.96 feet) to the POINT OF
BEGINNING.
Said tract contains 48.30 square meters (520 square feet), more or less.
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