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HomeMy Public PortalAboutOrd 589 Sale of Property PBCGilmore & Bell, P.C. 2tr0t20t6 (Published in The Ark Valley Neps on February 1 8, 2016) ORDINANCE NO.589 AN ORDINANCE AUTHORIZING THB SALE AND DISPOSITION OF CERTAIN PROPERTY T]NDER A LEASE BETWEEN THE CITY OF BEL AIRE, KAI\SAS 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 ceftain real property (the "Project Site") from the PBC; and WHEREAS, tlre Lease provides that the City nray purchase unencumbered fee simple title to a portion of the Project Site at such price as tlre PBC and City may agree upon in writing provided that when only a porlion of the Project Site is being purchased. the governing body of the City shall authorize such purchase by Ordinance and such Ordinance shall corrtain a legislative finding that such purchase will resuft in use of the purchased property iu a rnanner consistent witlr K.S.A. 12-1757 et seq., as amended, and Charler Ordinance No. l0 of the City (the "Act") and witlr a comnrercial/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 purchase from the PBC a portion of the Project Site (the "Sale Property"), then sell such Sale Properfy to the Third Party (as defined herein) at private sale: and WHEREAS, the governing body further finds and deterrnines that the purchase of the Sale Properly 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 Properfy 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, BB IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BBL AIRB. KANSAS: Section l. 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 Lots 1 &2, Block A, Sunflower Commerce Park Addition, Sedgwick County, Kansas (said tract contains 5.91 acres including road right of ways, wall easements and utility easements), and (b) the City sell the Sale Property by private sale to the Third Party, or assigns of the Third Parry. The govern ing body of the City finds that the appraised value of the Sale Property, according to Sedgwick County, Kansas records, is $840. The City will pay, and hereby appropriates, to the PBC a purchase price equal to the net arnount that the Third Parly will pay for the Sale Properly ($ 1 89,900). 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 Srinivas Krishnamurthy (the "Third Party"), presented herewith, which contract is hereby approved in sLrbstantially the form presented. Section 3. PBC Action as a Condition. The authorizations and approvals provided in thisOrdinance are subject to and conditioned upon the PBC duly acting to authorize ihe pBC actions describedtherein and herein. Section 4. Lease Amendment. An amendment to the Lease, to revise the Project Site descriptionto recognize the sale of the Sale Property, is hereby authorized, and the Mayor and Cierk of the City areeach authorized to execute and deliver such amendment, and to deliver and record such instruments anddocuments as may be necessary to effect such amendment. Section 5. Effective Date. This Ordinance shall take effect and be of force from and after itspassage by the governing body of the City, approval by the Mayor and publication in the official CiWnewspaper. [BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK] ___ _PASSED by the governing body of the City on February 16,2016 and AppROVED AI\DSIGI{ED by the Mayor. (sEAL) ATTEST: Mayor