8.3 Warranty Deed - Windsor Nursing IRB CITY OF SALINA
REQU EST FOR COMM I S S I ON ACT I ON DATE T I ME
-5'/3793 4:00 P.I~.
AGENDA SECTION: Administration ORIGI NATI NG DEPARTMENT: APPROVED FOR
NO. 8 City Attorney AGENDA:
Greg Bengtson ~/~
ITEM
NO.
3
Resolution Number 83-4589, authorizing the Mayor to execute a special warranty
deed for Windsor Nursing Home Associates, Inc.
In 1980 the City issued $1,450,000 in Nursing Home Revenue Bonds for the
Windsor Nursing Home Associates, Inc. (Windsor) project located at 623 South
Third. At Windsor's request, in 1990 the City issued $1,265,000 in Nursing
Home Revenue Refunding Bonds for the purpose of refunding and redeeming
the outstanding 1980 bonds.
As is typical of these revenue bond financings, title to the nursing home
property was transferred to the City at the time the 1980 bonds were issued
and a lease for the property was entered into between the City and Windsor.
In conjunction with the 1990 issuance of the refunding bonds, the 1980 lease
was terminated and a new lease entered into.
The 1980 bond issue included the property upon which Windsor Estates Nursing
Home is located (Parcel 1) plus a single lot across the street (Parcel 2),
legally described as:
Lot Six (6), Block One (1), in Van Trines Addition to the City of
Salina, Saline County, Kansas, according to the plat thereof recorded in
Plat Book A-1 at page 137 in the office of the Register of Deeds of Saline
County, Kansas.
Parcel 2 is currently used for parking for McCall Manor and was not included
in the new lease that resulted from the 1990 refunding bond issue. Attached is
a copy of a site plan of McCall Manor with Parcel 2 outlined in bold.
COMM I SS 1 ON ACT I ON
MOTION BY SECOND BY
TO:
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
4:00 P. I,t.
AGENDA SECT I ON: OR I G I NAT I NG DEPARTMENT: APPROV ED FOR
NO. AGENDA:
ITEM
NO.
BY: BY:
Windsor Nursing Home
Page 2
Windsor has submitted its Notice of Election to Purchase (Copy attached) which
outlines its desire to reacquire title to Parcel 2 under the terms and
conditions of the original lease, including payment of the $100 referred to in
the lease. Since all of the 1980 bonds were paid with the 1990 refunding
issue, this election could have been made by Windsor at any time since 1990.
Consequently, Windsor's request that the waiting period under the 1980 lease
be waived seems appropriate.
In summary, the lot that was identified as Parcel 2 under the 1980 issue is no
longer a part of the WindSor project, is used for parking for McCall Manor,
and should be conveyed to Windsor by the City's special warranty deed.
The proposed Resolution authorizes the Mayi)r to execute the necessary special
warranty deed.
Recommended action
Adopt Resolution Number 93-4589.
COMMISSION ACTION
MOTION BY SECOND BY
TO:
SPECIAL WARRANTY DEED
[No Real Estate Sales Validation Questionnaire
required pursuant to ICS.A. 79-1437e(2)]
THIS IND~ made this day of ,1993, between the
CITY OF SALINA, KANSAS, a municipal corporation, hereinafter referred to as the
"City," and WINDSOR NURSING HOME ASSOCIATF_~ INC~ a Kansas corporation,
hereinafter referred to as "Grantee," WITNESSETH:
That the City, in consideration of the sum of One Dollar and other valuable
considerations, the receipt and sufficiency of which are hereby acknowledged, does by
these presents grant, bargain, sell, and convey unto Grantee with special warranty
covenants, all of the following described real estate (the "Property") situated in Saline
County and the State of Kansas, to wit:
Lot Six (6) Block One (1) in Van Trines Addition to the City of Salina, Kansas
according to the plat thereof recorded in Plat Book Aol at page 137 in the office
of the Register of Deeds of Saline County, Kansas
TO HAVE AND TO HOLD THE SAME, together with all and singular the
tenements, hereditaments, and appurtenances thereunto belonging, or in anywise
appertaining, forever.
SUBJECT TO (a) those to which the title was subject on the date of
commencement of the term of a Lease (the "Lease") dated February 1, 1980 by and
between the CITY OF S.~,!.INA, KANSAS, a municipal corporation, of Saline County,
Kansas (the "Lessor") and WINDSOR NURSING HOME ASSOCIATF~ INC., a
Kansas corporation duly authorized and qualified to do business in the State of Kansas
(the "Lessee"), or became subject to with Lessee's written consent, or which resulted
from any failure of Lessee to perform any of its agreements or obligations under this
lease; (b) taxes and assessments, general and special, if any; and (c) the rights, titles and
interests of any party having condemned or who is attempting to condemn title to, or the
use for a limited period of, all or any part of the Property.
City, for the City and City's successors, covenants that City is lawfully seized of
City's interest in the Property and has good right to convey City's interest in the Property
and guarantees the quiet possession of the Property against the claims of those claiming
any right, interest or title through City, except as may be described above, and further
covenants that the Property is free from all encumbrances created by City, except as may
be described above, and City will warrant and defend the Property against all lawful
claims of those claiming any right, interest or title through City, except as may be
described above; but City does not warrant title against those claiming a right, interest or
title that arose prior to, or separate from, City's interest in the Property.
IN wrI'NESS WHF-RF_~F, the City hereunto has caused this deed to be executed
by its Mayor, duly authorized so to do, and has caused its corporate seal to be hereunto
affixed on the day and year first above written.
CITY OF SAIflNA, KANSAS
Peter F. Brungardt, Mayor
ATTEST:
Jacxlueline Shiever, City Clerk
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT RF. MFMBERF. I~, that on this ~ day of , 1993, before me, the
undersigned, a notary public in and for the county and state aforesaid, came Peter F.
Brungardt, Mayor of the City of Salina, Kansas, and Jacqueline Shiever, City Clerk, who
are personally known to me to be the same persons who executed as such officers the
within instrument of writing on behalf of the City of Salina, Kansas, and such persons
duly acknowledged the execution of the same to be the act and deed of said City.
IN TF, b'flMONY WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year last above written.
Notary Public
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