Curt Marshall, Terry Zimmer, Michael Hansen, Todd Kavouras & Brian Rose of United Country - Crossroads Auction & Realty of Salina, Kansas are offering at public auction 170.22± Acres of Irrigated Farmland, Recreational Land and (2) Building Sites in Northwestern Geary County, Kansas. This land is located south of the U.S. Highway 77 / KS Highway 57 Intersection just 1-mile northwest of Junction City, Kansas. All Seller owned Mineral & Water Rights will be conveyed to the Buyer at closing. The land will be offered at auction both in separate tracts and as a whole. If necessary, a survey will be performed prior to closing with the Seller paying 50% and the Buyer(s) splitting the cost of the other 50%.
There is a total of 140.35± FSA Cropland Acres with 130.92± of those acres being certified as irrigated. Irrigation Equipment is owned by the Sellers and will be included in the sale of Tracts #1 and #3. Tract #1 includes (2) 4-Tower Valley Irrigation Units while Tract #3 includes a single 7-Tower Valley Irrigation Unit. The existing water well that serves Tract #4 is located on Tract #3. If these tracts sell separately, an easement for the water well will be provided. As well, an easement to access Tract #3 from the driveway located on Tract #4 will also be provided if needed. All bidders are required to provide Proof of Funds prior to the auction in order to be registered to bid.
Please go to the following DropBox Folder to download additional property information:
Tract #1 – 95.15± Total Acres of Farmland in S27, S28, S33 and S34, all in T11S, R5E
Tract #2 – 29.08± Total Acres of Recreational Land / Building Site(s) in S33 & S34, all in T11S, R5E
Tract #3 – 35.86± Total Acres of Farmland in Govt. Special S13, T11S, R5E
Tract #4 – 10.13± Total Acres of Recreational Land / Building Site(s) in Govt. Special S13, T11S, R5E
AUCTION DATE: Wednesday, November 16th, 2022 at 7:00pm CST
AUCTION LOCATION: Geary Co. 4-H / Senior Center located at 1025 S. Spring Valley Rd. in Junction City
SELLERS: L.B.D. Properties, Inc.
LEGAL ADDRESSES: All of Lot Eleven (11), Section Thirteen (13), Township Eleven (11) South, Range Five (5) East of the 6th P.M., Geary County, Kansas, lying South of the County road, except land taken for highway purposes.
Lot Two (2) of Section Twenty-seven (27), Township Eleven (11), South, Range Five (5) East of the 6th P.M., Geary County, Kansas, except the following tracts:
A tract of land located in Lot 2, Section 27, Township 11 South, Range 5 East of the 6th P.M., Geary County, Kansas, more particularly described as follows: Beginning at the Point of intersection of the North line of said Lot 2 with the Westerly Right-of-Way line of Highway U.S. 77, being the Southeasterly corner of the Silas Smith Jr. and Willie Mae Smith tract as described on page 521 of Book 44 at the Geary County Register of Deeds, said POINT OF BEGINNING being Corner 1, marked by a ¾" iron bar; thence along the Westerly right of way line of said Highway U.S. Highway 77 S3°55'39' W, 20.00 feet to the Corner 2, marked by a ½" iron bar; thence S 87°42'35" W, 199.87 feet to Corner 3, marked by a ½" iron bar; thence parallel to the Westerly right of way line of said U.S. Highway 77 N 3°55'39" E, 21.55 feet to the North line of said Lot 2, being Corner 4, marked by a ½" iron bar; thence along the North line of said Lot 2 N 88°09'05" E, 199.71 feet to the Point of Beginning.
A tract of land located in Lot 2, Section 27, Township 11 South, Range 5 East and the Southeast Quarter of Section 28, Township 11 South, Range 5 East of the 6th Principal Meridian, Geary County, Kansas and described as follows: Beginning at the Northeast corner of said Southeast Quarter of Section 28, thence N 85°39'05" E on the North line of said Lot 2 a distance of 339.51 feet to the Northwest corner of a tract of land as recorded in Deed Book 82, page 616 in the office of the Register of Deeds, Geary County, Kansas; thence on the West line of said tract, S01°07'33" W a distance of 21.55 feet to the Southwest corner of said tract; thence on the South line of said tract, N 85°12'30" E a distance of 199.86 feet to the Southeast corner of said tract, said point being on the Westerly Right-of-Way line of U.S. 77 Highway and on the West line of Special Section 13; thence on said Westerly right-of-way line and said West line, S 01°07'33" W a distance of 524.18 feet; thence continuing on said Westerly Right-of-Way line S 26°08'31" W a distance of 181.60 feet to the intersection of said Westerly Right-of-Way line with the Northerly Right-of-Way line of K-57 Highway; thence on said Northerly Right-of-Way line N 63°51'29" W a distance of 1376.03 feet to a point on the North line of said Southeast Quarter of Section 28; thence on said North line, N 85°39'05" E a distance of 790.58 feet to the Point of Beginning. Now platted as Bluestem Subdivision, Geary County, Kansas
All of the East Half of the Southeast Quarter of Section Twenty-eight (28), Township Eleven (11) South, Range Five (5) East of the 6th P.M. Geary County, Kansas, except the Right-of-Way of the Junction City and Fort Kearney Railroad, and less land taken for highway purposes, also except the land now platted as Bluestem Subdivision, Geary County, Kansas.
The Northeast Quarter of the Northeast Quarter of Section Thirty-three (33), Township Eleven (11) South, Range Five (5) East of the 6th P.M., Geary County, Kansas, except a tract described as follows: Beginning at the Southwest corner of the Northeast Quarter of the Northeast Quarter of Section 33, Township 11 South, Range 5 East, thence South 89°10' East a distance of 677.15 feet to the center of a county road, thence North 54°14' West along the center of the said county road a distance of 827.20 feet, thence South a distance of 469.5 feet to the point of beginning.
FSA BASES / YIELDS:
TAXES: 2021 Total Taxes were $3,271.76. If the tracts sell separately, taxes will be pro-rated accordingly.
DIRECTIONS: From Exit 295 (US Hwy 77) on Interstate I-70 in Junction City, Kansas, travel north on U.S. Highway 77 a distance of 4.5-miles until you see the Subject Property on both sides of the road.
TERMS AND CONDITIONS OF SALE:
AUCTIONEERS NOTE: Possession of the land will be upon closing. This property will sell subject to seller's confirmation.
RESTRICTIONS: Subject only to (1) all City, County, and State laws, ordinances and regulations and (2) any easements, encumbrances, and restrictions applicable to the Property. Seller is placing no restrictions on the property.
UTILITIES: United Country - Crossroads Auction & Realty, nor the seller guarantees the availability of utilities, public or private. This consists of but is not limited to: wells, septic tanks, access to public utilities or any hookup fees therewith. Confirmation of utility availability is the bidder's sole responsibility.
EARNEST DEPOSIT: Earnest Money in the amount of 10% of the Purchase Price is due on Auction Day and upon signing the Purchase Contract. The deposit can be paid in the form of Personal or Business Check, Cash, Cashier Check. Your deposit is Non-Refundable.
TAXES: Seller shall pay 2021 taxes and all prior years. 2022 taxes will be pro-rated to the date of closing.
TITLE/CLOSING COSTS: Seller and Buyer shall share equally in the cost of owner's title insurance and escrow closing. A Preliminary Title Policy has been prepared by Security 1st Title in Junction City, Kansas and will be updated with Buyer information prior to closing. Buyer is responsible for cost of lender's policy.
TITLE EVIDENCE/DEED: Seller will deliver to Buyer an insurable deed for the Property at time of closing, conveying clear and marketable title of surface rights to said Property, free of all encumbrances, liens and judgment, except for those lawful conveyances and restrictions that exist on record before the date of the auction, as noted in the title insurance commitment.
MINERALS: Minerals are believed to be intact; all Seller-owned minerals shall be conveyed to the Buyer at closing.
PROPERTY SOLD "AS IS, WHERE IS, WITH ALL FAULTS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND: The real property shall be sold subject to conditions, restriction, right-of-way easements, and reservations; if any, of record, filed and untitled mechanic's and material men's liens; if any, and all other matters of record taking priority, subject to the rights; if any, of tenants-in-possession, and further subject to all conditions announced at the safe; and confirmation of the seller. Announcements made day of auction take precedence over previously printed material and oral statements.
FOR THE LIVE AUCTION: Bidders must present photo identification in order to obtain a Bidder's Number. The high bidder will execute a Contract for Sale of Real Estate and provide a binding deposit of 10% of the Purchase Price.
CLOSING: Buyer must close sale of real property on or before Monday, December 19th, 2022. TIME IS OF THE ESSENCE. The entire purchase price must be paid by Cashier/Certified check or wired funds at closing. No purchase is contingent on financing. Buyer is entitled to a deed for property upon full payment. Buyers should have all tests and inspections completed prior to the date of the auction. Only the Purchase Contract shall set forth Seller's obligations to the successful Bidder.
ADDITION OR WITHDRAWAL FROM SALE; CONDITION OF SALE: All bids are subject to Seller approval and the tracts are being offered for sale with that reservation. The Auctioneer reserves the right to cancel the auction up to the time prior to the commencement of bidding. If a subsequent survey by the Buyer shows a greater or lesser number of acres or square footage this will not affect the purchase or purchase price.
AGENCY: The Broker/Auctioneer is acting as agent for the Seller only. During bidding, the Auctioneer has the right to reject any raise that in his opinion is not commensurate with the property value. In the event of any dispute after the sale, United Country - Crossroads Auction & Realty's record of final sale shall be conclusive. All information and materials provided by Auctioneer is subject to inspection by all appropriate parties and the Auctioneer assumes no liability for its accuracy, errors, or omissions nor its agents, the Seller or its agents. Prospective bidders should independently verify any information being materially relied upon in making a purchasing decision.
LIQUIDATED DAMAGES: Buyer will forfeit all of their deposit if they cannot close within the stated time herein - and no written extension has been granted by the Seller. If such action occurs, United Country - Crossroads Auction & Realty, hereby has the right to disperse the deposit as stated in the listing agreement and the Buyer has no claims to such money or property being sold. Liquidated damages are to cover cost of auction, cost incurred by seller, labor cost, and additional cost of auction as not defined in this agreement. These liquidated damages do not restrict the seller from suing the Buyer for performance damages and/or any additional damages the seller suffers by the default of the Buyer.
ARBITRATION: For disputes that are not resolved by the parties within 10 days after either party gives notice to the other of its desire to arbitrate the dispute, the dispute shall be settled by binding arbitration by the American Arbitration Association in accord with its then-prevailing rules. Judgment upon the arbitration award may be entered in any court having jurisdiction. The arbitrator shall have no power to change the provisions of this Agreement. The arbitrator shall consist of one arbitrator, who must be a real estate attorney actively engaged in the practice of law for at least the last five years.
BUYER'S NOTE: Individual purchases are to be considered as singular transactions not contingent on the sale of other properties or tracts. United Country - Crossroads Auction & Realty reserves the right to offer the property in individual tracts, combination of tracts, as a whole or in any way that we see fit in order for it to bring the most money for the owner. The sale of combinations supersedes the sale of individual tracts. The decision of the Auctioneer is final. Seller and United Country - Crossroads Auction & Realty reserve the right to amend any terms and conditions prior to or during the auction.
BIDDER'S DUTY TO INSPECT: All information published, announced, or contained herein was derived from sources believed to be correct; however, it is not guaranteed by the seller, the auctioneers, or any other person or entity. Personal onsite inspection of all property by potential bidders is strongly recommended. All sales are subject to the conditions and terms contained herein. The failure of any bidder to inspect, or to be fully informed as to the condition of the property, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid, offer or deposit money after its opening tender. This includes but is not limited to public information such as easements, restrictions, zoning, rights-of way, or any other information that can be obtained as public record in the county courthouse or any municipal office concerning subject properties. Any and all announcements made from the auction stand take precedence over all other verbal, printed, announced, and/or distributed information. Please note that you are bidding to purchase the Property "As Is, Where Is" with no guarantee or warranty.
United Country - Crossroads Auction & Realty and its agents represent the Seller and their fiduciary duties of loyalty and faithfulness are owed to their client (the Seller).
FOR A FULL LIST OF TERMS & CONDITIONS, PLEASE DOWNLOAD THE PROPERTY INFORMATION PACKET