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(Space above reserved for Recorder of Deeds certification)

 

Title of Document:    Kansas General Warranty Deed

 

Date of Document:    August __, 2015

 

Grantor:         City of Lawrence, Kansas

                        A Municipal Corporation

 

Grantee:         Unified School District, No. 497

 

Grantee’s Statutory Mailing Address

And After Recording Return To

 

                        Lawrence Public Schools

                        110 McDonald Drive

                        Lawrence, Kansas 66044

                        Attn: Kyle Hayden

 

Legal Description: See Exhibit A affixed hereto and incorporated herein by reference

 


GENERAL WARRANTY DEED

 

THIS KANSAS GENERAL WARRANTY DEED is made this ____ day of August, 2015, by and between the City of Lawrence, Kansas, a Municipal Corporation (“Grantor”), and Unified School District, No. 497 (“Grantee”).

WITNESSETH, that Grantor, in consideration of the sum of TEN DOLLARS AND NO CENTS ($10.00) and other good and valuable consideration, to it paid by the Grantee (the receipt and sufficiency of which is hereby acknowledged) does by these presents, SELL and CONVEY unto Grantee, its heirs, successors, and assigns, that certain real estate ("Property") situated in the City of Lawrence, County of Douglas and State of Kansas, and bearing the following legal description, to-wit:

See Exhibit A, affixed hereto and incorporated herein by reference

subject to all rights of way, easements, encumbrances, liens, and restrictions of record, subject to all taxes and assessments, general and special, for 2015 and all subsequent years, and subject to the following:

Grantee, its heirs, successors, and assigns, shall not sell or otherwise  dispose of the Property or any part thereof except after first offering the same for sale to Grantor, its heirs, successors, and assigns, upon the same terms and conditions as those contained in any bona fide offer received by and acceptable to the Grantee. Upon receipt of any bona fide offer acceptable to Grantee, Grantee shall notify Grantor in writing, setting forth in detail all terms and conditions of the offer, and shall offer to sell the Property or any portion thereof to Grantor upon those same terms. Upon receipt of written notice, Grantor's Governing Body shall place the offer on its Regular Agenda for consideration and may elect, by a simple majority of its full membership, either to purchase the Property on the terms offered or to decline to purchase the Property. If Grantor's Governing Body elects to purchase the Property, it shall, within forty-five (45) days of Grantee's written notice, notify Grantee in writing of its acceptance of the offer. If Grantor's Governing Body declines to purchase the Property, then Grantor shall, within sixty (60) days of Grantee's written notice, provide to Grantee a recordable instrument releasing the right, title, and interest of Grantor in and to the Property. This Right of First Refusal shall constitute a real property interest in the Property that runs with the land. The Right of First Refusal shall be binding upon, and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns;

Provided, however, that if Grantee were to construct a permanent structure within any portion of the vacated Illinois Street Right of Way, then the real property subject to the Right of First Refusal, as delineated above, shall be deemed to be the real property described in Exhibit A less that strip of real property commencing fifteen feet (15') west of the building line of any such permanent structure and running the length of the property north to south, but in no event shall the real property subject to the Right of First Refusal be less than that real property that was originally set aside as Clinton Park.

 

TO HAVE AND TO HOLD the Property aforesaid, with all and singular the rights, privileges, appurtenances, and immunities thereto belonging or in anywise appertaining unto the Grantee, forever. Grantor hereby covenants that, except as set forth above, at the delivery of the Property, it is lawfully seized in its own right of an absolute and indefeasible estate in fee simple of and in all the above-described Property, except as set forth above, that the same is free, clear, discharged, and unencumbered of and from all former and other grants, titles charges, estates, judgments, taxes, assessments, and encumbrances, of whatever nature or kind and that Grantor will warrant and forever defend the same unto Grantee, its heirs, successors, and assigns, against all and every person or persons whomsoever lawfully claim or asserting claim to the same

IN WITNESS WHEREOF, Grantor has signed these presents as of the day and year first above written.

 

                        Grantor:        

CITY OF LAWRENCE, KANSAS, a municipal corporation

 

 

                        ____________________________________

                        MIKE AMYX

                        Mayor                         

ATTEST:

 

 

 

______________________________

DIANE BUCIA

City Clerk

 

 

ACKNOWLEDGMENT

 

 

THE STATE OF KANSAS               )

                                                            )           ss:

THE COUNTY OF DOUGLAS       )

 

            BE IT REMEMBERED, that on this ____ day of August, 2015, before me the undersigned, a notary public in and for the County and State aforesaid, came Mike Amyx, as Mayor of the City of Lawrence, Kansas, who is personally known to me to be the same person who executed this instrument in writing, and said person fully acknowledged this instrument to be the act and deed of the aforementioned entity.

 

            IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day and year last written above.

 

 

 

                                                                        ____________________________________

                                                                        NOTARY PUBLIC

 

My Appointment Expires:

 

EXHIBIT A

 

Legal Description of the Property

 

 

A PORTION OF CLINTON PARK AND THE VACATED WEST ONE-HALF OF THE ILLINOIS STREET RIGHT OF WAY ADJACENT TO CLINTON PARK IN THE ORIGINAL TOWNSITE, WYANDOTT RESERVE NO. 12, CITY OF LAWRENCE, KANSAS, AND A PORTION OF RIGHT OF WAY OF ALABAMA STREET IN WEST LAWRENCE, A SUBDIVISION IN THE CITY OF LAWRENCE, KANSAS, NOW DESCRIBED AS FOLLOWS:

 

BEGINNING AT A POINT AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF ALABAMA STREET AND THE NORTH RIGHT OF WAY LINE OF WEST SIXTH STREET, SAID POINT BEING 330.04 FEET EAST OF THE SOUTHWEST CORNER OF LOT 69, BLOCK 41, WEST LAWRENCE, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS; THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE OF WEST SIXTH STREET, NORTH 88° 13’ 53” EAST, 290.04 FEET TO A POINT ON THE CENTERLINE OF ILLINOIS STREET PROJECTED TO THE SOUTH; THENCE NORTH 01° 47’ 12” WEST ALONG SAID PROJECTED CENTERLINE OF ILLINOIS STREET, 237.69 FEET; THENCE SOUTH 69° 28’ 52” WEST, 117.26 FEET; THENCE SOUTH 88° 13’ 53” WEST, 179.00 FEET TO THE EAST RIGHT OF WAY LINE OF ALABAMA STREET; THENCE SOUTH 01° 47’ 30” EAST ALONG SAID EAST RIGHT OF WAY LINE, 200.00 FEET TO THE POINT OF BEGINNING. THE ABOVE CONTAINS 1.38 ACRES, MORE OR LESS;

 

ALSO,

 

A PORTION OF RIGHT OF WAY OF ALABAMA STREET TO BE VACATED, BEGINNING AT A POINT AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF ALABAMA STREET AND THE NORTH RIGHT OF WAY LINE OF WEST SIXTH STREET, SAID POINT BEING 330.04 FEET EAST OF THE SOUTHWEST CORNER OF LOT 69, BLOCK 41, WEST LAWRENCE, A SUBDIVISION IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS; THENCE NORTH 01° 47’ 30” WEST ALONG SAID EAST RIGHT OF WAY LINE, 200.00 FEET; THENCE SOUTH 88° 13’ 53” WEST 10.00 FEET; THENCE SOUTH 01° 47’ 30” EAST PARALLEL WITH SAID EAST RIGHT OF WAY LINE, 200.00 FEET, TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WEST SIXTH STREET; THENCE NORTH 88° 13’ 53” EAST, ALONG SAID NORTH RIGHT OF WAY LINE OF WEST SIXTH STREET, 10.00 FEET, TO THE POINT OF BEGINNING. THE ABOVE CONTAINS 0.046 ACRES, MORE OR LESS.