HomeMy Public PortalAboutOrd 504 Sale of Property PBC Gilmore&Bell,P.C.
10/25/2011
(Published in The Ark Valley News on November 2011)
ORDINANCE NO. 504
AN ORDINANCE AUTHORIZING THE SALE AND DISPOSITION OF CERTAIN
PROPERTY UNDER A LEASE BETWEEN THE CITE' OF BEL AIRE, KANSAS
AND THE CITE'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 Lease also provides that, notwithstanding the foregoing Lease provision, so
long as certain PBC bonds,which are payable from Lease revenues (the"Bonds"),remain outstanding,no
purchase, sale or disposition of the Project Site any portion thereof shall result in the Project Site having
less than 100 acres, and that, in this regard, and in connection with the purchase, sale or disposition of the
Project Site or portion thereof, the City may substitute and transfer to the PBC other real property in the
City, so long as governing body of the City shall authorize such substitution by Ordinance and such
Ordinance shall contain a legislative fording that such substitute property can be used in a manner
consistent with 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 to substitute and transfer from that Third Party or from the City to the PBC certain real property(the
"Substitute Property"); and
WHEREAS, the governing body further fords 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; and
WHEREAS,the governing body further fords and determines that the Substitute Property will be
used in a manner consistent with the Act, and with a commercial/industrial park facility that is maintained
for the public purpose of economic development; and
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WHEREAS, after the sale and substitution described herein,the Project Site will have in excess of
100 acres, and there will be no sale proceeds generated from the sale of the Sale Property that can be used
to pay,redeem, defease or purchase Bonds.
THEREFORE,BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL
KANSAS:
Section 1. Sale, Exchange and Substitution 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 the West half
of the Southwest Quarter of Section 16, Township 26 South, Range 2 East of the Sixth Principal
Meridian, Sedgwick County, Kansas, and (b) the PBC sell the Sale Property by private sale to the Third
Party. The transfer of the Substitute Property, which is described in Exhibit A hereto, to the PBC is also
authorized, ordered and directed. In connection with the sale of the Sale Property to the Third Party by
private sale, and the transfer of the Substitute Property to the PBC, the transfer by such Third Party to the
City of certain other real property, which is described in Exhibit B hereto, is authorized, ordered and
directed.
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, including the Real Estate Exchange Contract, among the City, the
PBC, Kevin J. Arnel and Roxanne R. Arnel, as co trustees of the Kevin J. Arnel Living Trust, and the
Roxanne R. Arnel Living Trust, presented herewith, which contract is hereby approved in substantially
the form presented. Kevin J. Arnel and Roxanne R. Arnel, as co trustees of the Kevin J. Arnel Living
Trust, and the Roxanne R.Arnel Living Trust are jointly referred to herein as 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 approve the Real Estate Exchange
Contract and to authorize the PBC actions described therein and herein.
Section 4.Lease Amendment. An amendments to the Lease, to revise the Project Site description
to recognize the sale of the Sale Property and the substitution of the Substitute 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 15, 2011 and APPROVED AND
SIGNED by the Mayor.
(SEAL) " ' -)
Mayor
ATTEST:
X Clerk
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EXHIBIT A
Beginning at the Northwest corner of the Northwest Quarter of Section 21, Township 26 South,
Range 2 East of the Sixth Principal Meridian, Sedgwick County, Kansas; thence on an assumed
bearing of N 89°25.50. E along the North line of the Northwest Quarter of Section 21, a distance
of 935.00 feet; thence S 01°27.29. E parallel with the West line of said Northwest Quarter of
Section 21, a distance of 1050.00 feet; thence S 89°25.50. W parallel with the said North line of
the Northwest Quarter of Section 21, a distance of 935.00 feet; thence N 01°27.29. W along the
West line of said Northwest Quarter of Section 21, a distance of 1050.00 feet to the point of
beginning.
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EXHIBIT B
The approximately 62.534 acre parcel (calculated net of the 50' right of way along Rock Road)
described as follows:
The South half of the Northwest Quarter of Section 20, Township 26 South, Range 2 East of the
6th P.M., Sedgwick County, Kansas,
EXCEPT:
Commencing at the Northwest corner of the South half of the Northwest Quarter of Section 20,
Township 26 South, Range 2 East of the 6th P.M., Sedgwick County, Kansas; thence along the
north line of said South half of the Northwest Quarter N89°38'19"E, 50.02 feet to the Point of
Beginning; thence continuing along said north line of the South half of the Northwest Quarter
N89°38'19"E, 1136.64 feet; thence S35°04'26"E, 180.96 feet; thence S45°24'45"W, 698.38 feet
to a point on a non-tangent curve to the left South half of the Northwest Quarter of Section 20,
Township 26 South, Range 2 East of the 6th P.M., Sedgwick County, Kansas having a radius of
479.00 feet, a central angle of 46°56'10", and a long chord of 381.51 feet, bearing S81°25'12"W;
thence 392.39 feet along said curve to a point on a curve to the right having a radius of 571.00
feet, a central angle of 11°47'45", and a long chord of 117.35 feet, bearing S63'5 1'00"W; thence
117.56 feet along said curve to a point on a curve to the right having a radius of 200.00 feet, a
central angle of 34°09'51", and a long chord of 117.50 feet, bearing S86°49'49"W; thence
119.26 feet along said curve to a point on a curve to the left having a radius of 200.00 feet, a
central angle of 15°51'03", and a long chord of 55.15 feet, bearing N84°00'47"W; thence 55.33
feet along said curve; thence S88°03'41"W, 63.38 to a point 50.00 feet east of the west line of
said South half of the Northwest Quarter; thence parallel with the west line of said South half of
the Northwest Quarter NO1°56'19"W, 743.13 feet to the Point of Beginning.
AND EXCEPT
The West 50.00 feet of said South half of the Northwest Quarter of Section 20, Township 26
South, Range 2 East of the 6th P.M., Sedgwick County, Kansas.
Said tract of land contains 2,723,961 square feet or 62.534 acres,more or less.
B-1