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.

I hereby certify that the above Bill originated in the
House, and passed that body

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House adopted
Conference Committee Report __________________________

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Speaker of the House.

__________________________________

Chief Clerk of the House.

Passed the Senate
as amended __________________________

Senate adopted
Conference Committe Report __________________________

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President of the Senate

__________________________________

Secretary of the Senate.

Approved__________________________

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Governor.