HomeMy Public PortalAboutOrd 597 Sale of PropertyGilmore & Bell. P.C.
7 tr2t2016
(Published in The Ark Valley Nerys on July 28,2016)
ORDINANCE NO.597
AN ORDINANCE AUTHORIZING THE SALE AND DISPOSITION OFCERTAIN PROPERTY UNDER A LEASE BETWEEN THE CITY OF BEL AIRE.KANSAS AND THE CITY OF BEL AIRE, KANSAS PUBLIC BUILDINGCOMMISSION.
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, pursuantto 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 apoftion of the Project Site at such price as the PBC and City may agree upon in writing provided thatwhen only a portion of the Project Site is being purchased, the governing body of the City shall authorizesuch purchase by Ordinance and such Ordinance shall contain a legislative finiing that such purchase willresult in use of the purchased properry in a manner consistent with K.S.A. l2-1j57 et seq.,as amended,
and Charter Ordinance No. l0 of the City (the "Act") and with a commerciaVindustrial park facility that ismaintained for public, municipal or community purposes; and
WHEREAS, the governing body of the City hereby finds and determines that it is necessary andadvisable to purchase from the PBC a portion of the Project Site (the "Sale Property"), then sell such SaleProperty to the Third Party (as defined herein) at private sale; and
WHEREAS, the governing body further finds and determines that the purchase of the SaleProperty by the City and the sale of the Sale Property by private sale to the Third farry witt result in thecontinued use of the Sale Properly 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 THB GOVERNING BODY OF THE CITY OF BELAIRE. KANSAS:
Section 1. Sale of Property. It is hereby authorized, ordered and directed that (a) the Citypurchase from the PBC the Sale Property, which is le1 ally described as:
Commencing at SE corner of SW Quarter of Section 16, Township 26 South, Range 2East of 6th Principal Meridian, Bel Aire, Sedgwick County, Kansas; thence bearinlg N00o07'55" E, along E line of said SW Qtr, for a distance of 75.00 ft; thence bearing S89o49'38" W for a distance of 0.55 ft; thence bearing S 89o35'31" W, parallel with the Sline of said SW Qtr, for a distance of 40.68 ft; thence bearing N 00.07'47" W, parallelwiththe W line of said SWQta foradistance of 90.00 ft; thenie bearing S 89o35i31" Wparallel with the S line of said SW Qtr, for a distance of 460.01 ft toin" lOe; thencecontinuing bearing S 89o35'31" W for a distance of 790.00 ft; thence bearing N 00o07'47"
W, parallel with the W line of said SW Qta for a distance of 1089.01 ft; theice bearing N89o35 '31" E parallel with the S line of said SW Qtr for a distance of 790.00 ft: thence
bearing S 00o07'47" E, parallel with the W line of said SW eta for a distance of 10g9.01ft to the pOB
and (b) the city sell the Sale Property by private sale to the Third party, or assigns of the Third party. Thegoverning body of the City finds that the appraised value of the Sa-le propeiy, according to Sedgwickcounty, Kansas records, is $360,000.00. it. city will pay, and hereby appropriates, to the pBC apurchase price equal to the net amount that the Third Paty will pay for tire Sale'rroperty ($1g,000 peracre). After the sale of the Sale Properfy, the Project site wilt have more than 100 acres.
Section 2. Authorization of Instruments and Documents. The Mayor and Clerk of the Cityare each authorized to execute, deliver and record such instruments and documents as are necessary toeffect the transactions described herein, among the City, the PBC, and Epic Real Estate Development Il,LLC (the "Third Party").
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 aut'horize the pBC actionsdescribed therein 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 ilerk 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 fiom and after itspassage by the governing body of the City, approval by the Mayor and publication in the official Citynewspaper.
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PASSED by the governing body of the City on July 26,2016 and AppROVED AND SIGNEDby the Mayor.
(SEAL)
ATTEST:
ft^k
Mayor