HomeMy Public PortalAboutOrd 663 Sale of Property, PBC(Published in The Ark Valley News on December 17, 2020)
ORDINANCE NO. 663
Gilmore & Bell, P.C.
12/14/2020
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 into a Lease With Option to Purchase, dated
as of April 15, 2010, and a Supplemental Lease With Option to Purchase No. 1, dated as of July 13, 2017
Gointly the "Lease"), 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 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 public auction 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 the City surrender
to the PBC the Sale Property, which is legally described as:
Parcel 1:
The Northeast Quarter of Section 21, Township 26 South, Range 2 East of the Sixth
Principal Meridian, Sedgwick County; EXCEPT that part platted as Sunflower
Commerce Park, an Addition to Bel Aire, Sedgwick County, Kansas.
Parcel 2:
The Northwest Quarter of Section 21, Township 26 South, Range 2 East of the Sixth
Principal Meridian, Sedgwick County, Kansas, EXCEPT that part platted as Sunflower
Commerce Park, an Addition to Bel Aire, Sedgwick County, Kansas. More commonly
known as 4843 N. Greenwich Rd., Bel Aire, Kansas.
601267.00006\2020 ORDINANCE TO APPROVE AUCTION SALE OF PROPERTY
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Parcel 3:
The Southeast Quarter of Section 21 , Township 26 South, Range 2 East of the Sixth
Principal Meridian, Sedgwick County, Kansas, EXCEPT the south 1, 170 feet of the west
760 feet thereof, AND EXCEPT THAT PART DESCRIBED AS: The East Half of the
Southeast Quarter of Section 21, Township 26 South, Range 2 East of the 6th P.M.,
Sedgwick County, Kansas. More commonly known as 4843 N. Greenwich Rd., Bel Aire,
Kansas.
Containing 185.54 acres more or less.
It is also hereby authorized ordered and directed that the PBC sell the Sale Property, as a result of
a public auction sale, to tbe Third Party or assigns of the Third Party, and that the proceeds of the sale
available under the Lease, after payment of certain costs and contingencies, will be deposited to the
Trustee (as defined in the Lease) for credit the Debt Service Fund-eries 2017 Bonds, as provided in the
Lease. 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 th City
are each authorized to execLLte deliver and record such instruments and documents as are necessary to
effect the transactions described herein, among the City, the PBC, and Barakeh Property LLC, a Kansas
limited liability company (the "Third Party").
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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601267.00006\2020 ORDINANCE TO APPROVE AUCTION SALE OF PROPERTY
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(SEAL)
ATTEST:
Melissa Krehbi el Clerk
601267.0000612020 ORDINANCE TO APPROVE AUCTION SALE OF PROPERTY
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15, 2020 and APPROVED AND