§ 76-17a12 — Rainbow mental health facility; authorization of sale; proceeds

Kansas § 76-17a12

• Jurisdiction: Kansas
• Ch. 76: STATE INSTITUTIONS AND AGENCIES; HISTORICAL PROPERTY
• Art. 17a: RAINBOW MENTAL HEALTH FACILITY

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(a) During the fiscal year ending June 30, 2015, in addition to the other purposes for which expenditures may be made by the secretary for aging and disability services from moneys appropriated from the state general fund or any special revenue fund or funds for the Kansas department for aging and disability services for fiscal year 2015 by chapter 136 of the 2013 Session Laws of Kansas, this act or any other appropriation act of the 2014 regular session of the legislature, expenditures shall be made by the secretary for aging and disability services from the state general fund or from any special revenue fund or funds for fiscal year 2015, for the secretary, on behalf of the state of Kansas, to sell and convey all of the rights, title and interest in the following tracts of real estate located in Wyandotte county, Kansas, subject to the provisions of this section:
Tract 1: A tract of land in the Southeast Quarter of Section 27 and the Southwest Quarter of Section 26, Township 11, Range 25, Kansas City (formerly city of Rosedale), Wyandotte County, Kansas, being more particularly described as follows:
Beginning at a point in the West line of the Southwest Quarter of Section 26: said point being 1,978.79 feet South and 12.12 feet West by coordinate from the Northwest Corner of the Southwest Quarter of said Section 26; thence North 48° 24' 39" East, 6.72 feet; thence Northeasterly on a curve to the left, having a radius of 330.0 feet; an arc distance of 42.58 feet; thence North 43° 44' 59" East, tangent to the last described curve, 458.10 feet; thence North and Easterly on a curve to the right, tangent to the last described course, having a radius of 370.0 feet, an arc distance of 298.37 feet; thence North 89° 57' 12" East, tangent to the last described curve, 32.68 feet to a point in the West line of Eaton street as now established; said point being 1,500.46 feet South and 640.84 feet East by coordinate from the Northwest corner of the Southwest Quarter of said Section 26; thence Southerly along the West line of Eaton street as now established, on a curve to the left, having a radius of 1,457.50 feet, an arc distance of 297.65 feet; thence continuing South 0° 04' 51" West along the West line of Eaton street, tangent to the last described curve, 840.22 feet to a point in the South line of the Southwest Quarter of said Section 26; thence South 89° 52' 04" West along said South line of the Southwest Quarter of Section 26, 624.95 feet to the Southwest corner of said Section 26; thence continuing North 89° 47' 33" West along the South line of the Southeast Quarter of Section 27, 157.04 feet to a point in the East line of Rainbow boulevard as now established; said point being 2,637.11 feet South and 173.20 feet West by coordinate from the Northeast corner of the Southeast Quarter of said Section 27; thence North 34° 16' 36" West along the East line of said Rainbow boulevard as now established 107.63 feet; thence Northerly along the East line of said Rainbow boulevard on a curve to the right, tangent to the last described course, having a radius of 470.0 feet, an arc distance of 284.05 feet; thence continuing North 0° 21' 04" East along the East line of said Rainbow boulevard tangent to the last described curve, 223.43 feet; thence South 89° 53' 40" East, 99.31 feet; thence Easterly on a curve to the left, tangent to the last described course, having a radius of 340.0 feet, an arc distance of 163.21 feet; thence North 48° 24' 39" East, 60.91 feet to a point in the East line of the Southeast Quarter of said Section 27 and the point of beginning, except that part described as follows:
A tract of land in the Southeast Quarter of Section 27 and the Southwest Quarter of fractional Section 26, Township 11 South, Range 25 East of the sixth principal meridian in Kansas city, Wyandotte county, Kansas, being more particularly described as follows:
Commencing at the Southeast corner of said Section 27, said point also being the Southwest corner of said fractional Section 26: thence South 89° 52' 04" West 18.68 feet, along the South line of said fractional Section 27; thence North 37° 10' 40" West 340.27 feet; thence North 26° 02' 37" West 95.94 feet; thence North 11° 50' 19" West 69.03 feet; thence North 00° 21' 04" East 111.93 feet; thence South 89° 53' 40" East 88.17 feet; thence North 85° 44' 47" East 74.42 feet; thence North 60° 52' 01" East 61.08 feet; thence North 09° 18' 23" East 34.82 feet to a point on the Southeasterly right-of-way line of 36th avenue, as now established, and a point on a curve concave to the South having a radius of 340.00 feet; thence Northeasterly 29.08 feet, along said Southeasterly right-of-way line and said curve; thence North 43° 00' 28" East 3.39 feet, along said Southeasterly right-of-way line; thence South 01° 44' 25" East 61.07 feet, departing from said right-of-way line; thence South 07° 53' 36" East 63.88 feet; thence South 05° 45' 03" East 126.04 feet; thence South 02° 32' 11" East 159.70 feet; thence South 15° 51' 35" East 16.65 feet; thence South 55° 15' 49" East 24.11 feet; thence South 87° 54' 32" East 64.98 feet; thence South 83° 38' 39" East 120.30 feet; thence South 06° 53' 33" West 167.11 feet to a point on the South line of the Southeast Quarter of said fractional Section 26; thence South 89° 52' 04" West 189.24 feet, along said South line to the Southwest corner of said fractional Section 26 and the point of beginning, and except: a tract of land in the Southwest Quarter of fractional Section 26, Township 11 South, Range 25 East of the sixth principal meridian in Kansas city, Wyandotte county, Kansas, being more particularly described as follows:
Commencing at the Southwest corner of said fractional Section 26, said point also being the Southeast corner of Section 27, Township 11 South, Range 23 East: thence North 89° 52' 04" East 498.04 feet, along the South line of said fractional Section 26, to the true point of beginning; thence North 00° 07' 56" West 114.76 feet; thence North 89° 52' 04" East 23.21 feet; thence North 00° 33' 33" East 111.14 feet; thence North 01° 19' 24" East 331.54 feet; thence North 05° 10' 25" West 53.01 feet; thence North 08° 52' 42" West 115.11 feet; thence North 05° 22' 21" West 38.90 feet; thence North 02° 40' 12" East 55.93 feet; thence North 08° 49' 10" East 49.39 feet; thence North 26° 40' 27" West 29.20 feet; thence North 18° 04' 39" East 130.98 feet; thence North 20° 52' 07" East 40.16 feet; thence North 39° 36' 45" East 32.58 feet; thence North 61° 53' 31" East 32.13 feet; thence North 79° 11' 37" East 51.31 feet to a point on the West right-of-way line of Eaton street, as now established, said right-of-way line being a curve concave to the West having a radius of 1475.50 feet; thence Southerly 288.15 feet, along said West right-of-way line and said curve; thence South 00° 04' 51" West 840.21 feet, along said West right-of-way line, to a point on the South line of said fractional Section 26; thence South 89° 52' 04" West 126.91 feet, along said South line, to the true point of beginning.
Tract 2:
A tract of land in the Southeast Quarter of Section 27 and the Southwest Quarter of fractional Section 26, Township 11 South, Range 25 East of the sixth principal meridian in Kansas city, Wyandotte county, Kansas, being more particularly described as follows:
Commencing at the Southeast corner of said Section 27, said point also being the Southwest corner of said fractional Section 26: thence South 89° 52' 04" West 18.68 feet, along the South line of said fractional Section 27; thence North 37° 10' 40" West 340.27 feet; thence North 26° 02' 37" West 95.94 feet; thence North 11° 50' 19" West 69.03 feet; thence North 00° 21' 04" East 111.93 feet; thence South 89° 53' 40" East 88.17 feet; thence North 85° 44' 47" East 74.42 feet; thence North 60° 52' 01" East 61.08 feet; thence North 09° 18' 23" East 34.82 feet to a point on the Southeasterly right-of-way line of 36th avenue, as now established, and a point on a curve concave to the South having a radius of 340.00 feet; thence Northeasterly 29.08 feet, along said Southeasterly right-of-way line and said curve; thence North 43° 00' 28" East 3.39 feet, along said Southeasterly right-of-way line; thence South 01° 44' 25" East 61.07 feet, departing from said right-of-way line; thence South 07° 53' 36" East 63.88 feet; thence South 05° 45' 03" East 126.04 feet; thence South 02° 32' 11" East 159.70 feet; thence South 15° 51' 35" East 16.65 feet; thence South 55° 15' 49" East 24.11 feet; thence South 87° 54' 32" East 64.98 feet; thence South 83° 38' 39" East 120.30 feet; thence South 06° 53' 33" West 167.11 feet to a point on the South line of the Southeast Quarter of said fractional Section 26; thence South 89° 52' 04" West 189.24 feet, along said South line to the Southwest corner of said fractional Section 26 and the point of beginning.
AND
A tract of land in the Southwest Quarter of fractional Section 26, Township 11 South, Range 25 East of the sixth principal meridian in Kansas city, Wyandotte county, Kansas, being more particularly described as follows:
Commencing at the Southwest corner of said fractional Section 26, said point also being the Southeast corner of Section 27, Township 11 South, Range 23 East: thence North 89° 52' 04" East 498.04 feet, along the South line of said fractional Section 26, to the true point of beginning; thence North 00° 07' 56" West 114.76 feet; thence North 89° 52' 04" East 23.21 feet; thence North 00° 33' 33" East 111.14 feet; thence North 01° 19' 24" East 331.54 feet; thence North 05° 10' 25" West 53.01 feet; thence North 08° 52' 42" West 115.11 feet; thence North 05° 22' 21" West 38.90 feet; thence North 02° 40' 12" East 55.93 feet; thence North 08° 49' 10" East 49.39 feet; thence North 26° 40' 27" West 29.20 feet; thence North 18° 04' 39" East 130.98 feet; thence North 20° 52' 07" East 40.16 feet; thence North 39° 36' 45" East 32.58 feet; thence North 61° 53' 31" East 32.13 feet; thence North 79° 11' 37" East 51.31 feet to a point on the West right-of-way line of Eaton street, as now established, said right-of-way line being a curve concave to the West having a radius of 1475.50 feet; thence Southerly 288.15 feet, along said West right-of-way line and said curve; thence South 00° 04' 51" West 840.21 feet, along said West right-of-way line, to a point on the South line of said fractional Section 26; thence South 89° 52' 04" West 126.91 feet, along said South line, to the true point of beginning.
(b) The real property described in subsection (a) shall be sold or conveyed to the Kansas university endowment association or the university of Kansas, as determined by the chancellor of the university of Kansas, at the appraised value.
(c) No sale or conveyance of the real property described in subsection (a) shall be authorized or approved by the secretary for aging and disability services without having first advised and consulted with the joint committee on state building construction.
(d) Prior to the sale or conveyance of the real property described in subsection (a), the state finance council shall approve the sale, which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed in subsection (c) of K.S.A. 75-3711, and amendments thereto. The matter may be submitted to the state finance council for approval at any time, including periods of time during which the legislature is in session.
(e) When the sale is made, the proceeds thereof shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the appropriate account of the state general fund or special revenue fund of the Kansas department for aging and disability services as determined by the secretary for aging and disability services. The secretary for aging and disability services shall transmit a copy of such determination to the director of legislative research.
(f) The conveyance of real property authorized by this section shall not be subject to the provisions of K.S.A. 75-6609, and amendments thereto.
(g) In the event that the secretary for aging and disability services determines that the legal description of the parcel described by this section is incorrect, the secretary of administration may convey the property utilizing the correct legal description but the deed conveying the property shall be subject to the approval of the attorney general.

Legislative History

L. 2014, ch. 142, § 108; June 5.