HomeMy Public PortalAboutOrd 651 Sale and disposition of propertyGilmore & Bell, P.C.
11/12/2019
(Published in The Ark Valley News on November 21, 2019)
ORDINANCE NO. 651
AN ORDINANCE AUTHORIZING THE SALE AND DISPOSITION OF
CERTAIN PROPERTY UNDER A LEASE BETWEEN THE CITY OF BEL AIRE,
KANSAS AND THE CITY OF BEL AIRE, KANSAS PUBLIC BUILDING
COMMISSION.
WHEREAS, the City of Bel Aire, Kansas (the "City") and The City of Bel Aire, Kansas Public
Building Commission (the "PBC") have heretofore entered in to a Lease With Option to Purchase (the
"Lease"), dated as of April 15, 2010, pursuant to which the City leases certain real property (the "Project
Site") from the PBC; and
WHEREAS, the Lease provides that the City may surrender possession of a portion of the
Project Site to the PBC and direct the PBC to sell or dispose of a Project Site portion at private or public
sale, as directed by the City, provided that no such sale or disposition shall take effect unless the PBC
authorizes such sale or disposition by Resolution, and such Resolution shall contain a legislative finding
that such sale or disposition will result in use of the sold or disposed of property in a manner consistent
with K.S.A. 12-1757 et seq., as amended, and Charter Ordinance No. 10 of the City (the "Act"), and with
a commercial/industrial park facility that is maintained for public, municipal or community purposes; and
WHEREAS, the governing body of the City hereby finds and determines that it is necessary and
advisable to surrender possession of a portion of the Project Site (the "Sale Property") to the PBC and
direct the PBC to sell or dispose such Sale Property to the Third Party (as defined herein) at private sale;
and
WHEREAS, the governing body further finds and determines that the sale of the Sale Property
by private sale to the Third Party will result in the continued use of the Sale Property in a manner
consistent with the Act, and with a commercial/industrial park facility that is maintained for the public
purpose of economic development.
THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL
AIRE, KANSAS:
Section 1. Sale of Property. It is hereby authorized, ordered and directed that (a) the City
surrender to the PBC the Sale Property, which is legally described as: Lot 2, Block C of the Sunflower
Commerce Park Addition, to the City of Bel Aire, Sedgwick County, Kansas; and (b) the PBC sell the
Sale Property by private sale to the Third Party, or assigns of the Third Party. The governing body of the
City finds that (w) the appraised value of the Sale Property, according to Sedgwick County, Kansas
records, is $740, (x) the sales price that the Third Party will pay for the Sale Property is $210,638.34, (y)
the proceeds of the sale available under the Lease, after payment of certain costs and contingencies, will
be $160,000, and (z) after the sale of the Sale Property, the Project Site will have more than 40 acres.
Section 2. Authorization of Instruments and Documents. The Mayor and Clerk of the City
are each authorized to execute, deliver and record such instruments and documents as are necessary to
effect the transactions described herein, among the City, the PBC, and Michael Joseph Wawrzewski III &
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Elizabeth V. Wawrzewski (the "Third Party"), presented herewith, which contract is hereby approved in
substantially the form presented.
Section 3. PBC Action as a Condition. The authorizations and approvals provided in this
Ordinance are subject to and conditioned upon the PBC duly acting to authorize the PBC actions
described therein and herein.
Section 4. Lease Amendment. An amendment to the Lease, to revise the Project Site description
to recognize the sale of the Sale Property, is hereby authorized, and the Mayor and Clerk of the City are
each authorized to execute and deliver such amendment, and to deliver and record such instruments and
documents as may be necessary to effect such amendment.
Section 5. Effective Date. This Ordinance shall take effect and be of force from and after its
passage by the governing body of the City, approval by the Mayor and publication in the official City
newspaper.
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PASSED by the governing body of the City on November 19, 2019 and APPROVED AND
SIGNED by the Mayor.
(SEAL)
ATTEST:
Melissa Krehbiel, City Clerk --
CITY OF
THE FUTURE
WITH RESPECT FOR
ITS PAST
David Austin, Mayor
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