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.
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___ _PASSED by the governing body of the City on February 16,2016 and AppROVED AI\DSIGI{ED by the Mayor.
(sEAL)
ATTEST:
Mayor