CHAPTER 127
HOUSE BILL No. 2877
An Act concerning interests in certain real
property; authorizing the state board of regents
to sell and convey certain real estate located
in Scott county, Kansas; authorizing the
state board of regents to sell and convey
certain real property located in Douglas county,
Kansas; authorizing the secretary of social
and rehabilitation services to sell and convey
certain real property and to enter into
certain leases; concerning certain real property
in the county of Decatur, Kansas; relating to
certain real property in Salina, Kansas;
amending K.S.A. 74-3322 and repealing the
existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) The state board of regents is hereby
authorized
and empowered, for and on behalf of Kansas state university of
agricul-
ture and applied science, to sell and convey all of the rights,
title and
interest in the following described real estate, and any
improvements
thereon, located in Scott county, Kansas: The northeast quarter
(NE/4)
of Section Thirty-four, Township Nineteen south, Range
Thirty-three
West of the 6th p.m. in Scott County, Kansas.
(b) Conveyance of such rights, title and interest in such real
estate,
and any improvements thereon, shall be executed in the name of the
state
board of regents by its chairperson and executive officer. The deed
for
such conveyance may be by warranty deed or by quitclaim deed as
de-
termined to be in the best interests of the state by the state
board of
regents in consultation with the attorney general. Any proceeds
from sale
of such real estate, and any improvements thereon, shall be
transferred
and credited to an account in the name of Kansas state university
of
agriculture and applied science under an investment agency
agreement
with the Kansas state university foundation pursuant to K.S.A.
76-156a,
and amendments thereto.
(c) No sale and conveyance of real estate and improvements
thereon
as authorized by this section shall be made by the state board of
regents
until the deeds and conveyances have been reviewed and approved
by
the attorney general and, if a warranty deed is to be the
instrument of
conveyance, a title review has been performed or title insurance
has been
obtained and the title opinion or the certificate of title
insurance, as the
case may be, has been approved by the attorney general.
New Sec. 2. (a) The state board of regents is hereby
authorized and
empowered, for and on behalf of the university of Kansas, to sell
and
convey all of the rights, title and interest in the following
described real
estate, and any improvements thereon, located in Douglas county,
Kan-
sas: All of lots 15, 17, 19, New Hampshire Street, City of
Lawrence,
Kansas, and a portion of Lot 13 New Hampshire Street more
particularly
described in a quitclaim deed dated July 27, 1965, between the
United
States of America, grantor, and the state board of regents, state
of Kansas,
for its use and for the use of the university of Kansas,
grantee.
(b) Conveyance of such rights, title and interest in such real
estate,
and any improvements thereon, shall be executed in the name of the
state
board of regents by its chairperson and executive officer. The deed
for
such conveyance may be by warranty deed or by quitclaim deed as
de-
termined to be in the best interests of the state by the state
board of
regents in consultation with the attorney general. Any proceeds
from sale
of such real estate, and any improvements thereon, shall be
deposited in
the state treasury to the credit of an appropriate account of the
restricted
fees fund of the university of Kansas.
(c) No sale and conveyance of real estate and improvements
thereon
as authorized by this section shall be made by the state board of
regents
until the deeds and conveyances have been reviewed and approved
by
the attorney general and, if a warranty deed is to be the
instrument of
conveyance, a title review has been performed or title insurance
has been
obtained and the title opinion or the certificate of title
insurance, as the
case may be, has been approved by the attorney general.
New Sec. 3. (a) The secretary of social and
rehabilitation services is
hereby authorized to sell and convey on behalf of the state of
Kansas in
the manner provided by this act the following described real
estate: The
southwest Quarter of Section 24; Township 22, Range 13 in
Stafford
County, Kansas. The above described property being that which
was
willed to the state of Kansas by Otto Hitz following the life
estate created
for Delmar Lee Hitz.
(b) When the real estate described in subsection (a) is sold,
the pro-
ceeds thereof, after deduction of the expenses of such sale and the
cost
of the survey and the appraisal of the real estate, shall be
deposited in
the state treasury to the credit of the Winfield properties special
revenue
fund.
New Sec. 4. (a) The secretary of social and
rehabilitation services is
hereby authorized to sell and convey on behalf of the state of
Kansas in
the manner provided by this act the following described real
estate: A
part of Section 3, Township 15, Range 3; however, the city has
approved
a preliminary plat in which the subject property will be legally
described
as, ``Lots 15, 16, 17, and 18, in Block 12, Schilling Subdivision
No. 5, City
of Salina, Saline County, Kansas.''
(b) When the real estate described in subsection (a) is sold,
the pro-
ceeds thereof, after deduction of the expenses of such sale and the
cost
of the survey and the appraisal of the real estate, shall be
deposited in
the state treasury to the credit of the social welfare fund.
New Sec. 5. (a) Before any property shall be sold under
the provi-
sions of this act, the real estate described in sections 3 and 4
shall be
appraised by three disinterested appraisers who shall be appointed
as
provided in K.S.A. 75-3043a, and amendments thereto. Such
appraisals
shall be in writing and filed with the secretary of social and
rehabilitation
services, and the cost of the appraisals may be paid from the
proceeds of
the sales. Upon the filing of such appraisals, the secretary of
social and
rehabilitation services shall advertise for public auction or
sealed bids on
the real estate described in sections 3 and 4 for not less than
three con-
secutive weeks by publication in the Kansas register. Subject to
the ap-
proval of the governor, such sales shall be made to the highest
responsible
bidder whose bid is submitted within 30 days after the last
publication of
such notice. The secretary of social and rehabilitation services or
the gov-
ernor may reject any and all bids, and in case all bids are
rejected, bids
may be called for again as in the first instance. Each bid shall be
accom-
panied by a certified check in the amount of 5% of such bid which
sum
shall be forfeited in case of default by any bidder whose bid is
accepted.
(b) Upon acceptance of any such bid, a deed conveying such
real
estate shall be executed and duly acknowledged by the secretary
before
an officer authorized by law to take acknowledgments. Such deed
shall
contain a recital of all proceedings in compliance with this act,
and such
recital shall be prima facie evidence that the proceedings were had
in the
manner and form recited. Such deed shall be approved as to form by
the
attorney general.
New Sec. 6. Notwithstanding any of the provisions
contained in sub-
section (d) of K.S.A. 1997 Supp. 39-708c, and amendments thereto,
the
secretary of social and rehabilitation services may lease office or
business
space for a period exceeding 10 years if the proposed lease has
been
presented to the joint committee on state building construction for
advice
and consultation.
Sec. 7. K.S.A. 74-3322 is hereby amended to read as
follows: 74-
3322. (a) The state forestry, fish and game commission is
hereby empow-
ered and directed to convey by quitclaim deed, without
consideration, to
the city of Oberlin, Kansas, all of the following described real
estate lo-
cated in Decatur county, Kansas, to wit:
All that part of the E1/2 SE1/4 Sec. 31 and all that part of the
W1/2 W1/2
SW1/4 Sec. 32, Twp. 2, South, Range 28, West 6th P.M. lying North
of
the C.B.&Q. Railroad Right-of-Way. Containing 112 acres more or
less.
The SW1/4 NW1/4 Sec. 32, Twp. 2 South, Range 28 West 6th P.M.
Also
a tract of land out of the SW1/4 NE1/4 Sec. 31, Twp. 2 South, Range
28
West 6th P.M. more particularly described as follows: Beginning at
the
southeast corner of the SW1/4 NE1/4 of said Sec. 31, thence north
parallel
with the East line of Sec. 31, 405 feet, thence in a southwesterly
direction
114° 13' a distance of 1003 feet to intersect the south line of
said NE1/4,
this point being 396 feet east of the southwest corner of the
NE1/4, thence
east along the south line of the NE1/4 924 feet to place of
beginning.
The E1/2 NE1/4 Sec. 31, Twp. 2 South, Range 28 West 6th P.M.
except
a tract of land described as follows: Beginning at a point 1072.5
feet west
of the Northeast corner of the NE1/4 thence south parallel with the
East
line of the NE1/4 1485 feet, thence West at right angles 247.5
feet, thence
north parallel with the east line of said NE1/4 1485 feet, thence
East at
right angles and along the north line of said NE1/4 247.5 feet to
place of
beginning; total acreage conveyed 116.1 acres more or less.
A tract of land out of the NW1/4 SE1/4 Sec. 31, Twp. 2 South,
Range
28 West 6th P.M. more particularly described as follows:
Commencing
at the Northeast corner of the NW1/4 SE1/4 Sec. 31, Twp. 2 South,
Range
28, West 6th P.M., thence west along the north line of said NW1/4
SE1/4
56 rods; thence south at right angles 70 rods, thence east at right
angles
56 rods, thence north along the East line of said NW1/4 SE1/4 70
rods to
the place of beginning, containing about 241/2 acres more or
less.
A tract of land out of the NW1/4 SE1/4 Sec. 31, Twp. 2 South,
Range
28 West 6th P.M. more particularly described as follows: Beginning
at
the Northwest corner of the SE1/4 of said Sec. 31, thence East
along said
half section line 24 rods, thence south at right angles 70 rods,
thence
West at right angles and parallel with the North line of said SE1/4
24 rods,
thence North along the half section line 70 rods to place of
beginning.
Containing 10.5 acres more or less.
NW1/4 NW1/4; E1/2 NW1/4; W1/2 W1/2 NE1/4 Sec. 32, Twp. 2, Range
28,
West of the 6th P.M.
A tract of land described as follows: Beginning at the Southwest
corner
of the SW1/4 of Sec. 29, Twp. 2 South, Range 28 West 6th P.M.
thence
North along and upon the West line of said SW1/4 95 feet, thence
East at
right angles and parallel with the South line of said SW1/4 575
feet, thence
in a northeasterly direction at an angle of 27° 15' left 490
feet, thence
North at an angle of 29° 15' left 639 feet, thence East at an
angle of
46° 30' right 1288 feet to the East line of said SW1/4, thence
South along
and upon the East line of said SW1/4 855 feet to the Southeast
corner of
the SW1/4; thence West along and upon the South line of said SW1/4
2640
feet to place of beginning.
A tract of land out of the SE1/4 Sec. 29, Twp. 2 South, Range 28,
West
6th P.M. more particularly described as follows: Beginning at the
South-
west corner of the SE1/4 of Sec. 29, in Twp. 2, Range 28, West 6th
P.M.
thence North along the half section line 855 feet, thence East at
right
angle and parallel with South line of said Section 1019 feet,
thence South
at right angle and parallel with East line of said Section 855
feet, thence
West along the South line of said section 1019 feet to place of
beginning,
containing 20 acres more or less.
A tract of land out of the NE1/4 of Sec. 32, Twp. 2, Range 28 West
of
the 6th P.M. described as follows: Beginning at a point 1224.7 feet
north
of the southeast corner of the W1/2 W1/2 NE1/4 of said Sec. 32,
thence
northeasterly at an angle of 59° 23' right, 170.6 feet, thence
north at an
angle of 61° 54' left, 123.3 feet, thence northwesterly at an
angle of 25°
48' left, 298.5 feet, to the east line of the W1/2 W1/2 NE1/4 of
said Sec. 32,
thence south 473.9 feet, along said line to point of beginning.
Containing
.98 acre more or less.
(b) All oil, gas and other minerals are
reserved in the state of Kansas
forestry, fish and game commission, and further that the
entire area shall
remain open for public recreation including hunting as
established by
regulation by the forestry, fish and game commission and
that no entrance
fee or service fee shall be charged for the use of the area
at any time
except that the governing body of said city may charge
reasonable fees
for the use of any golf course established within said
area. All moneys
raised from such fees shall be placed in a special fund and
used only for
the purpose of paying all or any part of the cost of
supervising, maintaining
or improving said golf course. The instruments of
conveyance of such real
estate authorized by this act shall be executed in the name of the
state
forestry, fish and game commission by its chairman and
secretary.
(c) As soon as is practicable after the effective date of
this act, the
secretary of wildlife and parks shall convey by quit claim deed,
without
consideration, any title or interest of the department of
wildlife and parks
in the property described in subsection (a).
New Sec. 8. Notwithstanding any provision to the contrary
in K.S.A.
72-4314b, and amendments thereto, the occupational center of
central
Kansas, inc., is hereby released from any obligation to deed or
convey to
the state of Kansas any part of the property acquired by quitclaim
deed
dated October 4, 1969, and recorded in the office of the register
of deeds,
Saline county, Kansas, Deed Book 284, pages 346-348, between the
state
of Kansas, grantor, and the occupational center of central Kansas,
inc.,
grantee, described as follows: The east 668.5 feet of block 8 of
Schilling
Subdivision to the City of Salina, Saline County, Kansas, more
particularly
described as follows: Beginning at a point 255.29 feet west and
48.11 feet
north of the southeast corner of section 34, township 14 south,
range 3
west of the 6th principal meridian in Saline County, Kansas; thence
north
on a line parallel to the centerline of Centennial Road, a distance
of 642
feet; thence west, on a line perpendicular to the centerline of
Centennial
Road, a distance of 668.5 feet; thence south, on a line parallel to
the
centerline of Centennial Road, a distance of 642 feet; thence east,
on a
line parallel to the north line of said tract, a distance of 668.5
feet to the
point of beginning; the same containing approximately 9.852 acres
of land
and the buildings and improvements thereon.
The occupational center of central Kansas, inc., is hereby
authorized
to amend its articles of incorporation to remove any provision that
the
property described in this section shall be deeded to the state of
Kansas
in the event that such corporation should dissolve or discontinue
the
activities for which it was originally incorporated. A copy of the
articles
of incorporation of the occupational center of central Kansas,
inc., show-
ing such amendment may be recorded in the office of the register
of
deeds of Saline county, Kansas. The occupational center of central
Kan-
sas, inc., is further hereby authorized to resell, lease, mortgage
or oth-
erwise dispose of such property, and any improvements thereon, or
any
part thereof at such time and in such manner as the occupational
center
of central Kansas, inc., may determine.
Sec. 9. K.S.A. 74-3322 is hereby repealed.
Sec. 10. This act shall take effect and be in force from
and after its
publication in the Kansas register.
Approved April 23, 1998
Published in the Kansas Registers April 30, 1998
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