JAlr--9-7U 01r88 BooK4142 P; 369 SPECiAL WARRANTY DEED KN0t,l ALL MEN BY THESE PRESENTS, THA]-: (1) l^IHEREAS , an Urban Renerval Pl an (whi ch, together w'i thereof made after the date of this Deed in accordance w'ith hereinafter referred to as the ...
JAlr--9-7U 01r88 BooK4142 P; 369 SPECiAL WARRANTY DEED KN0t,l ALL MEN BY THESE PRESENTS, THA]-: (1) l^IHEREAS , an Urban Renerval Pl an (whi ch, together w'i thereof made after the date of this Deed in accordance w'ith hereinafter referred to as the "Urban Renewal Plan") for'the Kennedv Urban Renevtal Proiec t, Okl a. R- gs ''Pio ject" ) has been adopted and approvel--6yTIe City Council of the City of Okl ahoma City on Mav 31. tgGG , which-Urban Renewal Plan, as it exists on the date hereofl-JslilordEilin the 0ffice of the City Clerk of Oklahoma City (hereinafter referred to as the "Recorder"); and, (2) t^lHEREAS, the Oklahoma City Urban Renewal Authority js owner and holder of record of t'itle to certain real properly located in the Proiect area; and, (3) I^IHEREAS, pursuant to the Urban Renewal Plan and the Oklahoma Urban Re- development Lavr, the 0klahoma City Urban Renewal Authority is authorjzed to sell individual portions of land 'in the Proiect area. 4e.--,n-dt-ry' 'in the NO!l, THEREFORE, THIS DEED, made tn:s 3/2day of z year197v,byindbettveenthe.0klahomatTtyilrbanffi( herei n- after reTerlei- to as the "Grantor"), acting herein pursuant to the above-m enti oned Law, and C'i ty of Ok]ahoma Ci ty (hereinafter referred to as the "Grantee" ), a Municipal Corporation WITNESSETH, that for and in consider a tion of the sum of Ten Thousand Six Hundred E'i h s'ix and 25 100 Dol I ars ($ 10,686.25 ), an ot er good and valuable consideration recei pt whereo f i s hereby acknovrl edged, the Grantor does , by thi s Speci a'l Warranty Dee d, grant an d convey unto the Grantee to have and to hold fee simp]e title, together wjth all a nd si ngul ar, the hered'i- taments and appurtenances thereunto beionging or in any wi se appertai ni ng , i n and j to the fol I owi ng descri bed I and and prelni ses , s i tutated n Oklahoma City, Oklahoma County, and known and distinguished as: A part of Blocks Four (4) and F ive (s ) , Creston Hills Additjon to 0klahoma City, 0klahoma County 0k1 ah oma more part'icu1 arly 'lows | , descri bed as fol : I All of Lots E'ighteen ( 18) th ru lwe nty-s'ix (20) Inclusive, Block F'ive (5) said Addition , and a'll of Lots Eighteen (ta1 thru Twenty (20) 'incl usi ve, Bl ock Four (4) sa id Add ition. According to the recorded plat thereof, and incl udi ng a'l'l ri ght, tit'le and interest in and to vacated streets and alleys abu tti ng thereo n;, Less and Except o'i'l , gdS and other rel ated mi neral s. Subject to restri ct'ive covenan and easements of record. AND, the Grantor covenants that it rJifl warrant specially the property hereby conveyed, and that it will execute such further assurances thereo f as may be re- quisite: Provided, however, that thjs Deed is made and executed upon and is subject to certain express condit'ions and covenants, said conditions and covenants bei ng a part of the cons'ideration for the property hereby conveyed and are to be taken and construed as running with the 1and, and he Grantee hereby bi nds i tsel f and 'its suc- cessors , assi gns , grantees , and I essees orever to these covenant s and conditions which covenants and condit'ions are as fo lows: Sl^JD-2 6/73 t ,att BooK41,42 ps 370 -?- FIRST: The Grantee shall devote the property hereby conveyed only to the uses specified in the applicable provisjorrrs of the Urban Renewal Plan or approved modifications thereof. Pursuant to the Urban Renewal P'lan, the general land use category app'licable to sa'id property is Publ ic-- and the specific provisions applicable to said prdperty are tnoie designated for Redeve'lop- ment Parcel No. B-25 SECOND: The Grantee shall redevelop the property by construction of improve- ments thereon 'in accordance with the Urb an Renewal Plan. All construction plans shal I conform to the Urban Renewal Pl dIt and upon request of the Grantor from time to time , the Grantee vt'il 'l del i ver to the Grantor, to be reta'ined by the Grantor, construction pians wjth respect to su ch improvements , 'in suff ici ent compl etness and detail to show that the improvements and construction thereof w1ll be in accordance wi th the Urban Renewa I Plan and the Contract of Sale dated the 21st day of December 19 73 , between [he parties he reto, (herEmfter referred to as e n rac o t SaTerf wnich Contract of Sale is du 1y filed in the office of the City Clerk in Oklahoma City. THIRD: The Grantee shall commence promptly the construction of the aforesaid 'improvements on the property hereby conveyed in accordance w'ith the said construction plans and shall prosecute diligently the c onstruct'ion of said improvements to com- p1 eti on : Prov'ided , that i n any event , con struction shall commence within 2 months from the date of this deed and sh al I be comp I eted wi thi n l? months from the commencement of such construct 10n. L F0URTH: Unt'il the Grantor certifl'es that all the aforesaid improvements specified to be done and made by the Grantee have been completed, the Grantee shall hbve no power to convey the property hereby conveyed or any part thereof wi thout the prior written consent of the Grantor FIfl-H: The Grantee agrees for itself and any successorin'interest not to dis- criminate upon the bas'is of race, color, religion, sex or national origin in the sale, lease, or rental orin the use or occupancy of the property hereby conveyed or any part thereof orof any improvements erected or to be erected thereon or any part thereof. The covenants and aqreements contairied 'in the covenant numbered FIRST shall terminate on January f, 1990. The corlenants and agreements contained in covenants numberedsrcoffiTHshallterminateonthedatetheGrantorissuesthe Certjficate of Completion as here'in p.ouid.d. The covenant numbered FIFTH shall re- ma j n 'in ef fect wi thout any 1im j tati ons as to time. In case of the breach of violation of any one of the covenants numbered SECOND, THIRD and FOURTH at any time prior to the time the Grantor certifies that all build'ing construct'ion and other physical improvements have been completed, and 'in case the Grantee does not proceed to cure, end, or remedy such breach or violation within 30 days after lvritten demand by the Grantor so to do, or such act'ion js not taken or diligent'ly pursued or the breach or v'ioldt'ion is not cured, ended or remed'ied with'in G such proceedi ngs as may be necessary or a reasonable time, the rantor may insti fu te des'i rabl e 'i n 'i ts o pinion to cure, remedy lor end such breach or violation or to obta'in damages therefor, includ ing but not limi ted to proceedings to compel specific perfor- mance. The Grantor shall be deemed a beneficiary of covenants numbered FIRST through FIFTH, the C'ity of Oklahoma City shall be deemed a beneficjary of covenants numbered FIRST and FIFTH, and the United States shall be deemed a benefic'iary of the covenant numbered FIFTH, and such covenants shall run in favor of the Grantor, the City of Qklahoma City, and the United States for the entire period during vrh'ich such covenants shall be'in force and effect, without regard to rvhether the Grantor, the City of Okla- homa City, and the United States is or remains an or,/ner of any land or interest therein SI^ID-2 6/73 a BooK 4 1,42 pi 37i -3- to which such covenants relate. As such a beneficiary, the Grantor, jn the event of any breach of any such covenant, the City of Oklahoma City, in the event of breach of the covenants numbered FIRST and FIFTH, and the United States in the event of any breach of the covenant numbered FImH, shalI have the right to exercjse all the rights and remedies, and to maintain any actions at law or suits in equity or other prcper proceedings to enforce the curing of such breach, to which benefic'iaries of such covenant may be entitled. Promptly after the comp'letion of the above-mentioned 'improvements in accordance with the provis'ions of the construction plans, the Grantor shall furnish the Grantee with an appropriate in strument so certifying in accordance vrith the terms of the Contract of Sale. Suc h cert'ification (and it shall be so proviCed'in the cert'ificate itself) shall be a conclus'ive determination of satisfact'i on and termination of the agreements and covenants 'in the Contract bf Sale and 'in th'is Deed ob1 i gati ng the Grantee and jts successors and assigns, with respect tot he construction of the im- provements and the dates for beginning and completion the reof. The cert'ification provided for in the paragraph next above shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and otherinstruments pertain'ing to the property hereby conveyed. If the Grantor shall refuse or fail to provide spch certificatjon, the Grantor shall, wlthin thirty (30) days after written request by the Grantee provide the Grantee with a written statement, indr'cating in vrhat respects the Grantee has failed to duly complete said inrprovements and what heasures or acts wjll be necessarv, in the op'inion of the Grantor, for the Grantee to take or performin order to obtain such certi fi cati on. The Grantor certifies that alI condit'ions precedent to the val'id execution and def ivery of th'is Speci al l,Jarranty Deed ord i ts part have been compl i ed wi th and that all things necessary to constitute th'is Special l^larranty Deed its valid, binding and i ega la greement on the terms and cond'it'ions and for the purposes set forth herei n have be en done and performed and have happened, and that the execution and de'livery of jn th'i s Sp ecial Warranty Deed on its part have been and are in al1 respects authorized acco rda nce with law. The Grantee sim'i1a11y certjfies rvith reference to its execut'ion and del 'ivery of th j s Speci a1 Warranty Deed. I N WITNESS WHERE0F, the name of the Grantor is hereunto aff ixed by the Cha'irman of its Board-of Commissioners and its seally7 affixed by its Secretary this "2/4 day of A\t-t cr-n,*4^rn) , re EucE IN bI TNESS I^l 0F, the name of the Gran s hereunto affixed by /on 'its and its s I affi xed by ts S d ay of 19 OKLAHOMA CITY URBAN RENEWAL AUTHORITY / zl At 14_ -._ .r\v ."._-'I CITY OF OKLAHOMA CiTY, A MUNICIPAL CORPORATION ATTEST: --:> )ry' BY: il nlo c / / Sl^lD- 2 6/73 800K4142 ;; 372 -4- STATE OF OKLAHOMA, ) ) SS. COUNTY OF OKLAHOMA. ) -..4 Before me , a Notary Pu bl'ic in and for sajd State, th'is 2/ d ay of ,a^ e-z_r,r_(tIcl 19 F3 , personal'ly appeared car , to me known to be the i e ca pe rsoh 0su the n ame of the maker thereo f to the foregoing instrument as its and a cknovrl edge d to me that he executed the same as his free and voluntary act and deed, and as th e free and voluntary act and deed of such corporation, for the uses and purpo SES the rel n set forth. t:il'i:,, si.Jny hand and. official seal the day and year last above written. ,{' () otary u 1C S My Commi ssj on Expi res : C4.J ;L,'/o1 il- / STATE OF OKLAHOMA, SS. COUNTY OF OKLAHOMA Before me, a Notarv P ubl ic in a nd for said State, on tnis 26 day of ctu4 4b'{-, 1 e7, , p ersonal]y appeared ?eleeJ CE ,to n1 e.known to be the identjcal person who sub- scr ena u ema er thereo f to the foregoi ng i nstrument as 'its 0 and acknowl edged to me that he exeiuted the same as his-TrEe and VO un v (- an d eed, and as the free and vo1 untary act and deed of such corpor- ation, for the uses and purposes the rein set forth. l,,litness my hand and official seal the day and year last above written. ta ry u c ' (SEAL) My Commi s.s i on Expi res : Q,,UC) Q.- tb lq{r, Atlrd r b os/3 ha-a/-73 SWD-2 6/73