HomeMy Public PortalAboutOrd 569 Sale of Property PBC Shaheen Real Estate LLCGilmore & Bell, P.C.
5/27t2015
(Published inThe Ark Valley Neps on June 4,2015)
ORDINANCE NO.569
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 BUTLDING 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 purchase unencumbered fee simple title to a
portion of the Project Site at such price as the PBC and City may agree upon in writing provided that
when only a portion of the Project Site is being purchased, the governing body of the City shall authorize
such purchase by Ordinance and such Ordinance shall contain a legislative finding that such purchase will
result in use of the purchased property in a manner consistent with K.S.A. 12-1151 et,teq., as amended,
and Charter Ordinance No. l0 of the City (the "Act") and with a commercial/industrial park facility that is
maintained fbr public, municipal or community purposes; and
WHEREAS, the governing body of the City hereby finds and determines that it is necessary and
advisable to purchase from the PBC a portion of the Project Site (the "Sale Property"), then 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 purchase of the Sale
Property by the City and 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 fbr the public purpose of economic development.
THEREFOR.E. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL
AIRE, KANSAS:
Section 1. Sale of Property. lt is hereby authorized, ordered and directed that (a) the City
purchase from the PBC the Sale Property, which is legally described as the East half (F,/2) of the Southeast
Quarter (SEi4) of Section 2l, Township 216 South, Range 2 East of the Sixth Principal Meridian, Sedgwick
County, Kansas (said tract contains 81.0 acles including road right of ways), and (b) the City sell the Sale
Property by private sale to the Third Party. The governing body of the City finds that the appraised value
of the Sale Property, according to Sedgwick County, Kansas records, is $ I I ,260. The City will pay, and
hereby appropriates, to the PBC a purchase price equal to the net amount that the Third Party will pay for
the Sale Property ($71 1,000). After the sale of the Sale Property, the Project Site will have more than 100
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 Shaheen Real Estate LLC (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
are subject to and conditioned upon the PBC duly acting to authorize the PBC actions described
and herein.
Section 4. Lease Amendment. An amendment to the Lease, to revise the Project Site description
ize the sale of the Sale Property, is hereby authorized, and the Mayor and Clerk of the City are
authorized to execute and deliver such amendment, and to deliver and record such instruments and
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
by the governing body of the City, approval by the Mayor and publication in the official City
PASSED by the governing body of the City on June 2,2015 and APPROVED AND SIGNED
by the Mayor.
c,#
Mayor