8.11 Sell Property to HA CITY OF SALINA
REQU~T FOR COMMISSION ACTION DATE TIME
9/27/9a 4:00 P.M.
AGENDA SECTION: Admi ni strati on ORIGINATING DEPARTMENT: APPROVED FOR
Finance AGENDA:
NO. 8
ITEM: Robert K. Biles
NO. ~
sY: sY:
Consider an offer from the Salins Housing Authority to purchase 2.26 acres of
land located east of the intersection of Pawnee and Osage extending to
Broadway for $29,000.
The City of Salins has owned this particular property, which is just south of
The Village Bible Church, for several years. On October 8, 1990, the City
Commission declared this to be surplus property available for sale. Various
methods have been used to sell the property with little success. The latest
was through the use of a real estate agent. That two year contract expired
December 31, 1992.
Recently, the Salins Housing Authority inquired about the availability of the
property. Their intent is to place 6 or 7 single family houses on the property
with a new, private drive servicing them. As the tract is not platted, the
Housing Authority intends to create a PDD for the property.
Their attached offer is for $29,000 and includes the standard 180 day option of
$100. This option is needed so the Housing Authority can receive HUD
approval.
Staff believes the $29,000 offer is reasonable for the property and recommends
approval.
Recommended Action
Authorize the Mayor to sign an Offer of Sale of Real Property with the Salins
Housing Authority for land located east of the intersection of Pawnee and Osage
extending to Broadway for $29,000.
COMMISSION ACTION
MOTION BY SECOND BY
THAT:
SALINA HOUSING AUTHORITY
POST OFFICE BOX 1202 469 SOUTH 5th STREET
SAUNA, KANSAS 67402.1202 PHONE: (913) 827-0441
EQUAL HOUSING
OPPORTUNITY
September 16, 1993
Mr. Bob Biles
City of Salina
300 West Ash
Salina, KS 67401
Dear Mr. Biles:
The Housing Authority Board of Commissioners wishes to
acquire the land owned by the city, between Osage and
Broadway, at Pawnee. This would be used for 6-7 single
family houses in accordance with the present R-1 Zoning.
Since the tract is not plated, we would ask for a PDD with
a new private drive serving the houses.
I am forwarding the HUD form "Offer of Sale of Real
Property", which is an option to buy. There are three
copies of each offer, all of which need original signatures
and notarized acknowledgements. One is for you - the
seller, one for our office and one for HUD. I ask that you
sign and return two copies to this office. The check for
$100.00 will be ready by October l, 1993.
A form of the final "Purchase Contract" is attached to each
offer, for your information. It should not be completed at
this time, since it is dependent upon the appraisal.
Please note that the Housing Authority will pay 100% of any
title work. Taxes will be pro-rated to the date of
closing, in the normal fashion. However, special
assessments, if any, must be paid in full and are
considered part of the purchase price.
An appraisal has already been obtained, and a copy is
enclosed.
Sincerely,
R~erney
Ex~cu~i~ Director
E~lC.
U.S. DEPARTMENT OP HOUEING AND URBAN DEVELOPMENT
I..IOU~INe. FED"qqAL HOUSING COMMlUlONER
PtJIU~ HOUSING PRO{]RAM
.- OFFER OF SALE OF REAL PROPERTY
1. In considerntlon of the sum of S 10 0.0 0 ~,zd oiher valuable con~deretion herein called "option price",
the receipt whereof is hereby aclmowkdled, the undersigned (h~'reilM~*lfr Cdlif~ faf "Jell~*'~, bean! the owner of the
p.~flydcscribed below, hereby offers and agrees to sell ~.d convey tile property to the Hous£ncr Author£tv
o£the City of Saline (hereinafter called the "Public Housing Agency'* (PHA) or its
assignee or nominee for the sum uf S 29,000 · 00 . In the event that a Purchase Agreement (Form HUD*S1971.11)
Is executed but closing cannot be consummated for the reasons stated in paragraph 3 or $ of the Purchase Agreement,
the salter hereby agrees that tile option price or portion thereof sitall be returned to rite PHA ts provided in the Purchase ..-.
Ape~sent.
2. The.pro.ray is located in/ciO, or rowr etd cour;.t,J C;L~¥ ~f Sal£na. Saline County
iff the State of ~ansas ' amid tile property is described os follows fi.¢i.d~..reef
4~lIr~ Or other ~p~.~¢ ~oc4tiofl, 4'r.~n~ iht o/nay r~lmrer o¢~p41115 ~)' /Mr/e, o~d~l!~, grid rN,rA~l' o/ pel~ors ~r hom~$e.
hold. mai iderti[y ~ny exceprlor~ to the offer):
A tract of land located East of the intersection of .Pawn. ee and Osage,
extending to Broadway, containing approximately 2.26 acres, the
legal description and survey is attached.
3. This offer shall be irrevocable for a period of 18 0 days H.~r; ~; lc.ur 90 d~.J,J~ from time date hereof and
sh~li remain in forc~ thereafter until terminated by the sell. by ;ivifl~ 30 days prior written notice to the PHA of such
re.nation. Until the offer is terminated, ~e PHA or its designee ~aJ{ have th~ right to enter said prczp~.y for ~he
p~mo of ~pprm~, survey and inspection..
4. ~e PHA ~taU evidence ac~pttfl~ of th~ offer by ex~cutiflS at l~ast three copies of ~o~ HUD.SI971-II, ~ur~t~
A~ement, a copy of which is attached ts an e~iibJt, and by mailing at le~t two executed copies to the ~iler at ~e
addr~ specified below so that the seller may execute barb co~Jcs ~d r~turfl one to the PHA.
5. Upo~ clo~fiB, ~e seller ~tall: (a) coney (mb/ecl fo any ~cepfiofls ;peci~lly ~e:/orth in p~mfmph 2 A~[ and
li~/or cement, r~e; and ;~fs) to ~e PHA or its designee or nominee by seneral.wt~aflty deed a ~o~ ~nd
marbtnble fee.s~ple title thereto, together with ~11 ~provements, heredit~ents, and tppurtenan~s thereunto be.
Iofl~S. free and clear o~ ~11 liens, garments, restrictions, delinquefl; t~ts and 1~s~ents, iea~s sad eflcumbr;n~s
of nay k~d. existin~ or inclmite, wiih proof release of dower, curtsy, and waiver of homestead rights, ii any, together
with lB of the seller's ri~;s, title, tfld ifliemsl tn and to any streets or alleys udjoi~ln~ or abuttin~ there,; (bi provide
documenta~ evidence ~hat the zoflin~ p~mits thc PHA's propo~d use of thc property; arid (c) deliver pos~uinn to
~c. PHA which AnlI be responsible for remoui of any renter occup~ts.
6. ~;s or ~age to tl~e property by ~y ~u~ ~1 be a~ the'risk uf the ~ller until title h~s been con~yed to the PHA.
~e seller ISrees, ~o lone u this offer rem~M iff effect, no; to ~ll, mort~n;c, encumber, or otlt=mi~ disp~ of the
pro~rw or any part thereof, oF interest 2erein, exupt to thc PHA.
8. ~h ~(er is made voluntarily nnd flol under threit of u~e by the PHA of ils power of eminem domain. ~tis offer shall
be bhdlflS upon the =li;r and rite ~ller's heirs, executors, 8dntifliltrilors, Succe~ors, and ussi~ees.
· Seller: City of Saline
Mayor
, 19 93
Addrc~ 300 W. Ash, Saline, KS 67401
-. HOUSING AUTHORITY O~SA~NA
Authority) Agency (avoiding BY:. ~ ~.__.~/
personal liability of the ExecUtive Director/
person signing) is indite=ed:
~uO~N4:let MUD-S19?1 t4-771 HU~61971.1 11411
ACKNOWLEDGEMENT
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED That on this day of
, 1993, before me, the undersigned, a notary
public in and for the County and State aforesaid, came
R. Abner Perney, Executive Director of the Salina Housing
Authority, who is personally known to me to be the same
person WhO executed the attached Offer of Sale of Real
Property and such person duly acknowledged the execution of
the same as the act and deed of said Housing Authority.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my notarial seal, the day and year last aDove written,
ACKNOWLEDGEMENT
STATE OF KANSAS, SALINE COUNTY, sss
BE IT REMEMBERED That on this day of
.., 1993, before me, the undersigned, a notary
public in and for the County and State aforesaid, came
who is/are personally known to me to be the same person(s)
who executed the attached "Offer of Sale of Real Property"
and that such person(s) duly acknowledged the execution of
the same as the act and deed of said person(s).
IN WITNESS WHEREOF· I have hereunto set my hand and affixed
my notarial seal, the day and year last above written,
My Appointment expires.
Notary Public
SUkVI- YUI(S L;I:I I iI-IL;A I L:
UCENSID SURVEYOR
19131 R25-5058
133 MIIIvlew RoAd
SAline, KInlll 67401
O PROPERTY CORNERS FOUND . · PROPERTY CORNERS SET
PROPERTY LINE ............. CURD LINE
--EASEHENT LiNE BUtt. DiNG LiNE
(~-- --NATER VALVE ~) SENER NANHOLE
~ 6"W--WATER HAIN ~"S SANITARY SENER
O--CAS LZH~ P POUER LiNE
A~ E~EVAT~9 ARB 1200 PLUS SQUARE FOOTAGE OF LOT - g8,720
ADDRESS:
SAfiNA, SALINE COUNTY KANSAS
DESCRIPTION: L[KZNS FOSTER PARK
A PARCEL OF LAND LOCATED ~[TH[N THE PROPOSED PARK AS SHO~N ON THE PLAT OF LZK[NS FOSTER ADDITION
TO THE CiTY OF SALZNA, KANSAS, RECORDED IN THE OFFZCE OF THE REG[STER OF DEEDS, SALINE COUNTY,
KANSAS, ON THE ~2TH DAY OF NAY, 1952, tN BOOK N OF PLATS, PAGE 18. AND DEDICATED BY CITY OF SAL[NA
RESOLUTZON NUHBER 1729,. SAID RESOLUTION ADOPTED ON THE 3RD DAY OF JULY, 1956, SAZD PARCEL DESCRIBED
BY NETES AND BOUNDS AS FOLLOWS: BEG[NNING AT THE SOUTHEAST CORNER OF LZKZNS FOSTER ADDZT[ON TO THE CITY
OF SAFINA, KANSAS, ~HERE THE SOUTH BOUBDARY OF SAID ADDZTZON INTERSECTS THE ~EST RIGHT OF ~AY LINE OF
U.S.HZGHVAY 81, THENCE S-89'-52'-~ ALONG SAID SOUTH BOUNDARY A DZSTANCE OF 6~2.25 FEET, TO THE EAST
RIGHT OF ~AY LiNE OF OSAGE AVE, THENCE N-00'-10'-V ALONG SAID RZGHT OF VAY LZNE OF OSAGE AVE A D[STANCE
OF 93.85FEET, THENCE N-36' =53'-~, ALONG SAID RIGHT OF ~AY LINE OF OSAGE AVE A D[STANCE OF 96.70' TO A
TANGENT CURVE VZTH A CHORD BEARING OF N=OI'-26'-V, A DISTANCE OF 75.12 FEET, TO THE SOUTHWEST CORNER
OF LOT 17, BLOCK 3, [N LZKZNS FOSTER ADDZTZON, SAID CURVE HAVING AN ARC DZSTANCE OF 79.10 FEET, THENCE
S-66'-38'-E, ALONG THE SOUTH LiNE OF SAID LOT 17, A DZSTANCE OF 135.65 FEET, TO THE SOUTHEAST CORNER
OF SAID LOT 17, THENCE N-09'=36'=E, A LONG THE EAST LINE OF LOTS 17,16 AND 15, BLOCK 3, [N
LTKfNR FOSTER ADDiTiON A DISTANCE OF 2~8.6~ FEET TO THE EAST CORNER OF SAZD LOT 15, SAiD POZNT BEING
ON THE ~KST RIGHT OF ~AY L{NE OF U.S. H[GH~AY 81, AND SAZD POINT ZNTERSECTZNG A NON TANGENT CURVE
~[TH A CHORD BEARZNG OF S-37'-3~'-E, A DISTANCE OF ~01.75 FEET, THENCE ALONG THE ARC OF SAID CURVE
ALSO BEING ALONG SAiD RZGHT OF ~AY L[NE OF U.S.
HZGH~AY 81, A DISTANCE OF ~01.76 FEET TO A TANGENT
LINE, THENCE S-40'=]4'-E, ALONG SAID RIGHT OF
~AY L~NE A DISTANCE OF ~24.26 FEET TO THE
POINT OF BEGINNING, CONTAZNTING 2.26 ACRES
THE FLOOD INSURANCE HORE OR LESS.
RATE NAP SHO~S THAT
THZS PROPERTY IS IN
ZONE "B"
1 "~60'
0 .ri. 4 -
~ ,o ~ 50'
_ ~ P.O.D.
C ~'~ 20' UTILITY E~ ..... ~ ....
89J -52 ' -V ' ~ '
::7 7.:: .'.;''.'r ~TT?r'"e" "'~ ~ -,,~t.,''~
U.S. DEPARTMENT OF HOUBING AND URBAN OEVELOPMI[NT
HOUBING · FEDERAl. HOUSING COMMISSIONER
PUBL, IC HOUSING PROGRAM
PURCHASE AGREEMENT
I. The Housing ~Authority of the C£t¥ of Salina {lIereina[ter called the
"Public ~ouains Alencj," (PHA)) a~ees ~o pu~has~, and
(herei~/ler railed ;he "relier") a;rees ~o ~U, the property described in paragraph 2 of the a~tsched Offer o~ Sale o; Real
Property (Form HU~.~] 9 714, exerted bp the seil~ on (~le~ (he~i~/ter ~lled
Ihe "O//er el 5ale'), fur the sum o;$ ~is amounl
is (~) ~ the same amoum as tl~e price speciRed In para.apb ~ o[ tl~e Offer o; Sale or (b)~ the amounl o; the HUD.
apptgved apptai$al o; the [air market value. ~ti$ Purcha~ A;rceme.t incorpurate$ all cundilions slated tn the Offer el
2..~m PHA ~s]l s~ci;y the place and tbne o~ closin;, which sitar not be mute dmn 90 days ~(tet the d~le of seller's
exeeution of this Purchase Agreemem or $u~ later d~te as may be acceptable to seller: however, If addRtonai time
.is needed fo~ required zoning chan8es, the tiering date shall be ex~ended ;or an eddie(anal ~0 days o; such additional
t~e as may be ae~p(able to seUer.
3. Upon close8, ~he seller shah deliver erie to the pruperty in compiia.ce with paragraph ~ el ~he Offer of Sale. If there
are de~ec~ in the title which can be remedied by legal action wilhin a reasonable time as agreed to by tl~e seller and the
PHA, the seller shall rake such action promptly at the sewer's own expense and the date for closing ~all be extended for
such period of time. If there be de;ec(s in title which canno( be or are not remedied within such dine, this Purcha~
Agreement shall be ~ermina~ed, 0se ;e]let ~all return the option price lu 0se PltA and bode par~ies shall be rcl;a~d
from ~11 liability for damage; by reason of any de~ect iu tit~e.
4. Prior ~o closing, the ;Re mus~ b= dete~ine~ ~o meet 0se requirements of the U.S. Department of Hou;in; and Urb~
Development (hereina/;er called "HUD"). ~e seller 8rants permission ~o tire PHA or its desl~ee to enter s~d proper;y
;et the purpose of conducting ~he followin; studies or teals which must be comp]e(ed ~o make the determine;ion, prior
to clos~8, that ~e proper;y meets H~ requirements:
5. In the event tlmt title is in compliance with paragrapl~ 5 of the Offer o£ Sale, but closing cannot be consummated because
the studies or tests resull in e determination that the site does not meet HUD requirements, or any required zoning
changes have not been obtained, one.trail of the option price as provided in paragraph I o1' the Offer of Sale shah be
returned to the PHA.
6. All cxpent~s of examination o£ title, transfer tax, nnd of preparation and recording.thc Deed shall be pa~d by the PHA.
Payment of the above.stated purchase price ~hali bo made upon transfer of title to the PHA.
7; .Current taxes sltall be prorated as of the time of closing. Any outstanding special assessments or future insta~hnents
thereon, remaining unpaid against the property shall be paid in full at time of closi.g by the seller.
CERTIFICATION: We hereby certify that to the best of our knowledge and belief no member, officer, or employee of the
PI'b4,, no official of the locality (cio,, count)., etc./and no member of the Iocaiity's governing body has any interest, direct
or indirect, in this Purchase Agreement or in any proceeds or benefits arising therefrom.
PeA ~X£CUTION SELI, r£R EXECUTION
($i~am,e/ (Dare) (Sis,ram,e) (Dare)
E~ecutive Director
(ritla o£ PHA O/rico, Il
~. 0- Box 1202
P~ A~ress Addre~
Sa~na, ES '67402-~202
Witness/ ( Witness/
WARNING: Section 1001 of Title 18 of the U.S. Coda makes it a c~iminal offense to make willful raise statements or mis.
re;zreslntltions to any Del3lrtment or Agency of the United States as to any matter within its iurisdiction.