Real Estate Purchase S Ohio & Magnolia
AGREEMENT
This Agreement is made this l,f~day of March, 1997, by and between FIRST
SOUTHERN BAPTIST CHURCH, a Kansas not-for-profit corporation, hereinafter referred to
as the "Owner," and the CITY OF SALINA, KANSAS, a municipal corporation, hereinafter
referred to as the "City."
RECITALS
A. The, City in conjunction with the Ohio and Magnolia Intersection project, wishes
to acquire from the Owner certain right-of-way affecting land owned by the Owner.
B. The City has caused the right-of-way to be acquired to be appraised and has
negotiated a purchase price with the Owner.
C. It is the desire of the Owner to convey the right-of-way 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 right-of-way to be conveyed by the Owner to the City shall be
as legally described and depicted on the attached and incorporated Exhibit A (the "Right-of-
Way").
2. Compensation. The City agrees to pay the Owner upon closing the total sum of
Six Hundred Sixty-two and 50/100 Dollars ($662.50) for the Right-of-Way consisting of the
following:
Right-of-Way
$562.50
Damages to remaining property
(Relocating sprinkler head)
100.00
Total Compensation
$662.50
3. Documents. The Owner agrees that the Right-of-Way shall be conveyed to the
City by Owner's execution and delivery to the City of a Right-of-Way Deed identical to the
copy attached as Exhibit B to this Agreement. The 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 Owner is the lawful owner of the
property affected by the Right-of-Way and that the property is not subject to any contract for
sale or other liens and encumbrances.
5. Partial Mortgage or Other Lien Release. In those cases where the Right-of-Way
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 release or release of lien, releasing that
portion of the property affected by the Right-of-Way 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 Up I J' , 1997. At closing
the Owner shall:
a. deliver to the City the fully executed and acknowledged Right-of-Way
Deed document,
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 (B) above.
7. Possession. The County shall be entitled to possession of the Right-of-Way
immediately upon closing.
8. Nonassignable. Owner's rights under this Agreement shall not be assigned
without the prior written consent of the City.
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9. 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"
FIRST SOUTHERN BAPTIST CHURCH
By
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Gary M. gler, Trustee
By
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Hairy 1. ~~rfTrustee V
By
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Robert D. Wiederstein, Trustee
Tax ill No. 48-0961417-111712
CITY OF SALINA, KANSAS
By
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RIGHT-Of- - WA Y ACQUISITION
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LEGAL DESCRIPnON:
Owner: First Southern Baptist Church
2401 South Ohio Street
Salina, Kansas 67401
50.01'
N 8977'30. E
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N 8977'30. E
Magnolia Rd.
P.O.8.
Exist R/W = 50' i
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A tract of lond located in the NW 1/4 of Section 31, Township 14 South, Range 2 West of the Sixth
Principal Meridian, in the City of Salina, Saline County. Kansas, more particularly described as follows:
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Commencing at the Northwest corner of said Sec. 31,'
Thence South along the West line of said See. 31 on a assumed bearing of SOO:J8'20.W, a distance
of 50.01 feet,'
Thence N8977'30"E: parallel with the North line of said Sec. 31, a distance of 50.01 feet to the intersection
of tlie South right-of-way of Magnolia Rood and the East right-af-way of Ohio Street and to the point of
beginning,' .
Thence N8977'J0.E along the South right-of-way of Magnolia Rood, a distance of 30.00 feet;,
Thence S44'S7'5S.W a distance of 42.92 feet to a point on the East right-of-way of Ohio Street;
Thence NOO:J8'20.E along said right-of-way a distance of 30.00 feet back to the point of beginning.
The adove described tract of land contains 450 square feet, more or less.
Exhibit A
RIGHT-OF-WAY DEED
THIS INDENTURE, made this _ day of March, 1997, by and between FIRST
SOUTHERN BAPTIST CHURCH, a Kansas not-for-profit corporation, (the "Grantor") and the
CITY OF SALINA, KANSAS, a municipal corporation, (the "City"):
WITNESSETH: That the Grantor, for good and valuable consideration, receipt of which
is hereby acknowledged, does hereby grant, bargain, sell, and convey unto the City, that certain
portion of land owned by the Grantor, more particularly described on the Engineering Drawing
attached as Exhibit A to this Right-of-way Deed, as public right-of-way for purposes of purpose
of constructing, repairing, replacing, and maintaining public street improvements, traffic signals,
and public utilities, in perpetuity.
IN WITNESS WHEREOF, the Grantor has hereunto caused this instrument to be
executed the day and year first above written.
FIRST SOUTHERN BAPTIST CHURCH
By:
Gary M. Mugler, Trustee
By:
Harry 1. Kejr, Trustee
By:
Robert D. Wiederstein, Trustee
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this _ day of March, 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Gary M. Mugler,
Trustee, of First Southern Baptist Church, who is personally known to me to be the same person
who executed the above and foregoing instrument of writing and duly acknowledged the
execution of the same on behalf of the Grantor.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
Notary Public
Exhibit B
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this _ day of March, 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Harry 1. Kejr,
Trustee, of First Southern Baptist Church, who is personally known to me to be the same person
who executed the above and foregoing instrument of writing and duly acknowledged the
execution of the same on behalf of the Grantor.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
Notary Public
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this _ day of March, 1997, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Robert D.
Wiederstein, Trustee, of First Southern Baptist Church, who is personally known to me to be the
same person who executed the above and foregoing instrument of writing and duly
acknowledged the execution of the same on behalf of the Grantor.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
Notary Public
[A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)]
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RIGHT-Or- - WAY ACQUISITION
Owner: First Southern Baptist Church
2401 South Ohio Street
Salina, Kansas 67401
N 8977'30. c
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Magnolia Rd.
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LEGAL DESCRIPTION:
A tract af land located in the NW 1/4 of Section 31, Township 14 South, Range 2 West of the Sixth
Principal Meridian, in the City of Salina, Saline County. Kansas, more particularly described as follows:
Commencing at the Northwest comer of said Sec. 31;
Thence South along the West line of said See. 31 on a assumed bearing of SOO:J8'20.W, a distance
of 50.01 feet;
Thence N8977'J0.c parallel with the North line of said Sec. 31, a distance of 50.01 feet to the intersection
of ttie South right-of-way of Magnolia Road and the cast right-of-way of Ohio Street and to the point of
beginning; .
Thence N8971'J0.c along the South right-aI-way of Magnolia Road, a distance of 30.00 leet;
Thence S44"57'SS.W a distance of 42.92 feet to a point on the cast right-of-way of Ohio Street;
Thence NOO:J8'20.c along said right-of-way a distance of 30.00 feet back to the point of beginning.
The adove described tract of land contains 450 square feet, more or less.
Exhibit A