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5.1 Thomas Park Surplus Land CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 12/10/2007 TIME 4:00 P.M. AGENDA SECTION NO: ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: 5 ITEM NO. Page 1 DEVELOPMENT SERVICES CITY PLANNING BY: BY: Dean Andrew ITEM: Resolution No. 07-6460 Determining that certain real estate is no longer needed by the City of Salina for park purposes and that a direct sale thereof to S1. John's Military School would be in the best interest of the city. BACKGROUND: Thomas Park West and Thomas Park East, located east of North 9th Street, were both purchased by the City from S1. John's Military School in 1951. The purchase from S1. John's consisted of a~proximately 6 acres west of 9th Street which was later added to and approximately 4 acres east of 9 h Street which was later bisected by the city's flood control levee. The park area west of 9th Street is developed with park features and the park area east of 9th Street is largely undeveloped open space. Last year, S1. John's Military School contacted City staff inquiring about the status of the property east of North 9th Street and expressing an interest in acquiring the property from the City through a direct purchase. City staff had a private appraisal done and the City Attorney prepared a draft Conditional Contract of Sale which referenced a number of covenants and use limitations on the property including not removing large diameter trees, a prohibition on "development" of the property and restrictions on grading and grade changes without City Commission approval due to the flood plain and floodway status of the property. S1. John's accepted these use restrictions and they were taken into account in the appraiser's valuation of the property. S1. John's offer, the proposed purchase price of $14,500, was based on the appraised value of the property plus the cost of the appraisal. K.S.A. 12-1301 sets out the process for the sale of public parkland and the first step is a determination by the governing body that the property is no longer needed for park purposes. This takes place at an advertised hearing which has been set for today. The purpose of the hearing is to give interested members of the public an opportunity to comment on 1) the need to retain the land for public park purposes, 2) the proposed method of disposition of the property (direct sale to S1. John's) and 3) the terms of the proposed sales transaction. COMMISSION ALTERNATIVES: The following alternatives have been identified for consideration by the City Commission: 1. Declare East Thomas Park to be surplus parkland and approve the terms of the proposed direct sale to S1. John's Military School. 2. Declare East Thomas Park to be surplus parkland but direct staff to come up with an alternative method of disposing of the property. 3. Determine that East Thomas Park is still needed for public park purposes and should not be made available for purchase. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 12/10/2007 TIME 4:00 P.M. AGENDA SECTION NO: ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: 5 ITEM NO. Page 2 Next Steps DEVELOPMENT SERVICES CITY PLANNING BY: BY: Dean Andrew If the City Commission approves Resolution No. 07-6460 it would be published on December 14th and December 21st. The 30 day protest period will expire on January 16, 2008. If no protest petition is received by that date, the proposed sales transaction with S1. John's Military School would proceed to closing. Encl: Conditional Sales Contract Special Warranty Deed with covenants and restrictions Resolution No. 07-6460 Ownership Map Aerial Photo Cc: Pete Peterson History of Thomas Park Located in north Salina on North gth Street, the 15 acre Thomas Park offers easy access to traveling motorists. The park was named for Bishop Thomas of the Episcopal Church and St. John's Military School. The park was first leased from St. John's Military School in 1936 and was purchased in 1951. The park offers a recreational vehicle dump station, two picnic shelters, playground equipment and overnight camping is permitted. Thomas Park is also the home of the Forestry Division Tree Nursery. The building known as the 'KIVA', a 1937 NY.A. native stone building and originally the area Girl Scout headquarters may be reserved through the Parks & Recreation office. " 1-/---- Januar7 9 19S1 " .~ - I / . " .-; . . ~_ . ~ I . t ~:- ,~, .-.......,.::/ ':~<~-. ,...' . -~. :~:; ~..:' ~;-::: ~ .~; ':.: ~ '. ......: .....-;' :.~ >. ~":":- ":,: . , .-- ., . - . " .'.; ", '. ..J..... . .'. ,.. "."' ".' , :'1 ", '; . ;~' ~:):.., ." ... ._.~:.. '.. ':. ',,~~~, , lIoDorable:Sh1r1ey H.' 1U.cho1s, Presid~~. st.; 'JObn*a Sch~ ~)i!Vl.'Kansas. / / / / .' -- !'. ~, -:-. .' ~',.' ~~..... , ' ':. ...\"',,';,'''' .. Bet Option Agroemeut, . September 25. 1950 as. to "%homaa Park". ~ Bishopt . . ,!he,~rinng body of' the City or' 9ra:lipa baa, . el.ectedtobui, ~a Park on the terms set. .forth in the. caption8d' 8greftPl8"~.. ..' . . . - -. . " ..' l ~" . . . ' . . . . , .', "Itl~ reQuested that yoU furnish . ~~1b1e" ~~ C1~ Attorney. C. L.. ~~or _-1.natian , . .' ." .... .' ~. "~Jtdt. ,sbaul.cl b8~~'.;t.be . " cs.ty.....'t~. eatab1i~1'1l.~rJ.'t7 ~or. yoQ:._' en 10.#1.... . . Ot'.~d ~. :to,.cOQyMV. ~,..~~ ~ ~. 0i.~7- ~80~~ iD ..tJiB 'Oo~". '.. - ~-'. . . , ." '. , .;:,~' :,' - EJA.D Sincerely 'yours, '.-/ 4.c.. . E. 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