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Water Well Interchange AGREEMENT This Agreement is made this 1L day of R:eell&r ,2003, by and between MARK L. MILLER and ADVANTAGE TRUST COMPANY, SALINA, KANSAS, Trustees, under The Elden V. Miller Revocable Trust dated October 11, 1996 (the "Trust"), for the Lynne Suzanne Cavanaugh Generation-Skipping Tax Exempt Share; and for the Jean Elizabeth Liesmann Generation-Skipping Tax Exempt Share (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"). B. 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. Description. The Real Estate to be conveyed by the Owner to the City shall be as legally described on the attached and incorporated Exhibit A and as depicted on the Engineering Drawing attached and incorporated as Exhibit B. 2. Compensation. The City agrees to pay the Owner upon closing the combined total sum of Two Thousand Five Hundred Dollars and nolIOO Cents ($2,500.00) for the Real Estate (the "Purchase Price") consisting ofthe following: Real Estate (0.25 acre at $10,000 per acre) $2,500.00 Total Compensation $2,500.00 3. Documents. The Owner agrees that the Real Estate shall be conveyed to the City by Owner's execution and delivery to the City of two Trustees' Deeds identical to the copies attached as Exhibit C and D to this Agreement. The Warranty Deed shall be recorded by the City with the office of the Saline County Register of Deeds, at the expense of the City. 4. Covenant of Title. Owner covenants that (a) Owner is the lawful owner of the Real Estate, (b) 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 and encumbrances, except: ,vL'M;" 5. Partial Mortgage or Other Lien Release. In those cases where the Real Estate is subject to mortgage or other liens or encumbrances, the Owner shall at closing deliver to the City a duly executed and acknowledged partial mortgage or other lien release, releasing that portion of the Real Estate to which the Warranty Deed relates from any mortgage or other lien encumbrance. Any partial mortgage release or other lien release documents shall be recorded by the City with the office of the Saline County Register of Deeds, at the expense of the City. 6. Closing. Closing shall take place on or before closing the Owner shall: , 200_. At a. Deliver to the City the fully executed and acknowledged Trustees' Deeds, b. Deliver to the City any necessary partial mortgage release or other lien release documentation, c. Provide the City with any other necessary information such as Owner's current mailing address and social security numbers or tax identification numbers, at which time the City shall pay Owner the total compensation set forth in paragraph (2) above. 7. Possession. The City shall be entitled to possession of the Real Estate immediately upon closing. 8. Repurchase. If, whether by action of the State of Kansas or the City, the Project is removed from KDOT's authorized project list for the System Enhancement Program, the Owner shall have the option for a term of one year, after being so notified by certified mail, to repurchase the Real Estate for the Purchase Price paid to the Owner by the City. 9. Nonassignable. Owner's rights under this Agreement shall not be assigned without the prior written consent of the City. 10. Binding Effect. The terms of this Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and authorized assigns of the parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. "Owner" "City" THE ELDEN V. MILLER REVOCABLE TRUST dated October 11, 1996 for the Lynne Suzanne Cavanaugh Generation-Skipping Tax Exempt Share; and for the Jean Elizabeth Liesmann Generation-Skipping Tax Exempt Share CITY OF SALINA, KANSAS By: //I/IIMl1jilL Mark L. Miller, Trustee Tax ID No. 4$--t.:,3(A-'O{ - t;~ '=4Uf1 J 8W" ilL ADVANTAGE TRUST COMPANY, Trustee By: 4- ~ Dennis M. Kis mg , City Manager By: /ltmt<tlil1t~ Mark L. Miller, President -2- TRACT NO.3 PROPERTY OWNER: Mark L. Miller and Advantage Trust Company, Trustee under the Eldon V. Miller Revocable Trust for: the Jean Elizabeth Liesmann Generation-Skipping Tax-Exempt Share, and for the Lynne Suzanne Cavanaugh Generation-Skipping Tax-Exempt Share 235 South Santa Fe Avenue Salina, Kansas 67401 LEGAL DESCRIPTION A tract of land in the Northeast Quarter (NE/4) of Section Eleven (11), Township Fifteen (15) South, Range Three (3) West of the Sixth (6th) Principal Meridian, Saline County, Kansas, more particularly described as follows: Commencing at the Northeast corner of said Northeast Quarter; thence on an assumed bearing of South 89 degrees 49 minutes 38 seconds West, a distance of Sixty and Sixteen hundredths (60.16) feet along the North line of said Northeast Quarter to the Westerly right-of-way line of Ninth Street; thence South 00 degrees 03 minutes 36 seconds West, a distance of Fifty-nine and Ninety-eight hundredths (59.98) feet along said West right-of-way line to the Southerly right-of- way line of Waterwell Road and the point of beginning; - thence South 00 degrees 03 minutes 36 seconds West, a distance of Seven and Twenty-nine hundredths (7.29) feet, continuing along said West right-of-way line; - thence South 83 degrees 15 minutes 21 seconds West, a distance of Three hundred Six and Sixty-seven hundredths (306.67) feet; - thence South 62 degrees 19 minutes 57 seconds West, a distance of One hundred Eighty-nine and Thirty-seven hundredths (189.37) feet to the East line of a parcel of land recorded in Deed Book 395, Page 100 in the Register Deed Office, Saline County, Kansas; - thence North 17 degrees 25 minutes 15 seconds East, a distance of Eighty and no hundredths (80.00) feet along said East line to the Southerly right-of-way line of Waterwell Road; - thence North 81 degrees 07 minutes 46 seconds East, a distance of Three hundred Eighty-five and Forty-five hundredths (385.45) feet, along said Southerly right-of-way line; - thence South 86 degrees 08 minutes 43 seconds East, a distance of Sixty-seven and Sixty-two hundredths (67.62) feet, continuing along said Southerly right-of-way line, back to the point of beginning. The above described tract of land contains 0.25 acres, more or less. Prepared by: D. Klanke Fine Name: Tract 3 Date: October 30,2002 Exhibit A ~ ~ ~ ~ I I ~ III : t "T" \ : I -r 1 \ ,T' Russell and Russell. Inc. I pt. EI/2. 5EI/4 Sec. 2. T 155. R3W :\ : \ \ \ : \ I : J Lot I. Blk. I Long-McArthur Add. Sec. Line TRACT ITJ ~ Mark L. Miller and Advantage Trust Compny \ .... \ \ \ f77A Right of Way rLLL1 to be Acquired Exhibit B Upon recordation, this instrument is to be returned to: Reserved for Register of Deeds Greg A. Bengtson Clark, Mize & Linville P.O. Box 380 Salina, KS 67402-0380 KANSAS TRUSTEES' DEED On this _ day of , 2003, MARK L. MILLER and ADV ANT AGE TRUST COMPANY, SALINA, KANSAS, Trustees, under The Elden V. Miller Revocable Trust dated October 11, 1996 (the "Trust"), for the Lynne Suzanne Cavanaugh Generation-Skipping Tax Exempt Share, as GRANTORS, hereby convey to the City of Salina, Kansas as GRANTEE, its undivided one-half (112) interest in and to the that certain portion of land owned by the Grantor, as legally described on the attached and incorporated Exhibit A and as depicted on the Engineering Drawing attached and incorporated as Exhibit B. Subject, however, to easements, restrictions, reservations of mineral rights, and other matters of record, if any. GRANTORS covenant that this conveyance is made for the purpose of a controlled access highway and that Grantors release and relinquish to the City any and all abutter's rights of access to said highway appurtenant to the Grantors' remaining property. GRANTORS further covenant that: (1) GRANTORS are the Trustees under the Trust, to which the above-described (and other) real estate was conveyed by a deed from Elden V. Miller, the original settlor of the Trust, and his wife, Robin S. Miller, which deed was recorded on March 4, 1998, in Book 382, at Page 690, in the Office of the Register of Deeds of Saline County, Kansas; (2) the Trust was a revocable trust that became irrevocable upon Elden V. Miller's death on October 29, 1998; (3) Elden V. Miller was a married person at the time of his death; (4) Robin S. Miller is the surviving spouse of Elden V. Miller, and is the same person and spouse who joined in the prior deed to the Trust; (5) the Trust remains in full force and effect at this time; (6) GRANTORS are the Trustees for the Lynne Suzanne Cavanaugh Generation-Skipping Tax- Exempt Share of the Trust, to which an undivided one-half interest in the above described real estate was conveyed by a deed dated April 20, 2000, from Mark L. Miller and Advantage Trust Company, Salina, Kansas, a Kansas trust company, as Trustees, under The Elden V. Miller Revocable Trust dated October 11, 1996, to Mark L. Miller and Advantage Trust Company, Salina, Kansas, a Kansas trust company, as Trustees under The Elden V. Miller Revocable Trust dated October 11, 1996, for the Lynne Suzanne Cavanaugh Generation-Skipping Tax-Exempt Share, which deed was recorded on April 21, 2000, in Book 390, at Page Exhibit C .123, in the Office of the Register of Deeds of Saline County, Kansas; (7) GRANTORS are the duly qualified and acting Trustees under the Trust; and (8) as such Trustees, GRANTORS are authorized, pursuant to the Trust and without any limitation whatever, to convey its interest in the above-described real estate. THE ELDEN V. MILLER REVOCABLE TRUST dated October 11, 1996 for the Lynne Suzanne Cavanaugh Generation-Skipping Tax-Exempt Share. By: Mark L. Miller, Trustee ADVANTAGE TRUST COMPANY, Trustee By: Mark L. Miller,.President STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on this _ day of , 2003, by Mark L. Miller, and Mark L. Miller, President of Advantage Trust Company, Salina, Kansas, a Kansas trust company, as Trustees under the Elden V. Miller Revocable Trust dated October 11,1996. Notary Public No real estate validation questionnaire required per K.S.A. 79-1437e(a)(13) Upon recordation, this instrument is to be returned to: Reserved for Register of Deeds Greg A. Bengtson Clark, Mize & Linville P.O. Box 380 Salina, KS 67402-0380 KANSAS TRUSTEES' DEED On this _ day of , 2003, MARK L. MILLER and ADVANTAGE TRUST COMPANY, SALINA, KANSAS, Trustees, under The Elden V. Miller Revocable Trust dated October 11, 1996 (the "Trust"), for the Jean Elizabeth Liesmann Generation-Skipping Tax Exempt Share, as GRANTORS, hereby convey to the City of Salina, Kansas, as GRANTEE its undivided one-half (112) interest in and to that certain portion of land owned by the Grantor, as legally described on the attached and incorporated Exhibit A and as depicted on the Engineering Drawing attached and incorporated as Exhibit B. Subject, however, to easements, restrictions, reservations of mineral rights, and other matters of record, if any. GRANTORS covenant that this conveyance is made for the purpose of a controlled access highway and that Grantors release and relinquish to the City any and all abutter's rights of access to said highway appurtenant to the Grantors' remaining property. GRANTORS further covenant that: (1) GRANTORS are the Trustees under the Trust, to which the above-described (and other) real estate was conveyed by a deed from Elden V. Miller, the original settlor of the Trust, and his wife, Robin S. Miller, which deed was recorded on March 4, 1998, in Book 382, at Page 690, in the Office of the Register of Deeds of Saline County, Kansas; (2) the Trust was a revocable trust that became irrevocable upon Elden V. Miller's death on October 29, 1998; (3) Elden V. Miller was a married person at the time of his death; (4) Robin S. Miller is the surviving spouse of Elden V. Miller, and is the same person and spouse who joined in the prior deed to the Trust; (5) the Trust remains in full force and effect at this time; (6) GRANTORS are the Trustees for the Jean Elizabeth Liesmann Generation-Skipping Tax- Exempt Share of the Trust, to which an undivided one-half interest in the above described real estate was conveyed by a deed dated April 20, 2000, from Mark L. Miller and Advantage Trust Company, Salina, Kansas, a Kansas trust company, as Trustees, under The Elden V. Miller Revocable Trust dated October 11, 1996, to Mark L. Miller and Advantage Trust Company, Salina, Kansas, a Kansas trust company, as Trustees under The Elden V. Miller Revocable Trust dated October 11, 1996, for the Jean Elizabeth Liesmann Generation-Skipping Tax-Exempt Share, which deed was recorded on April 21, 2000, in Book 390, at Page 123, in the Office of the Register of Deeds of Saline County, Kansas; (7) GRANTORS are the duly qualified Exhibit D - and acting Trustees under the Trust; and (8) as such Trustees, GRANTORS are authorized, pursuant to the Trust and without any limitation whatever, to convey all its interest in the above-described real estate. THE ELDEN V. MILLER REVOCABLE TRUST dated October 11, 1996 for the Jean Elizabeth Liesmann Generation-Skipping Tax-Exempt Share. By: Mark L. Miller, Trustee ADVANTAGE TRUST COMPANY, Trustee By: Mark L. Miller, President STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on this _ day of , 2003, by Mark L. Miller, and Mark L. Miller, President of Advantage Trust Company, Salina, Kansas, a Kansas trust company, as Trustees under the Elden V. Miller Revocable Trust dated October 11, 1996. Notary Public No real estate validation questionnaire required per K.S.A. 79-1437e(a)(13)