8.3 Agr Covenant ExtensionCITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
12/22/86 4:00 P.M.
AGENDA SECT I ON: Admi ni strati on OR I G I NAT I NG DEPARI~ENT: APPROV ED FOR
NO. 8 AGENDA:
City Attorney ~_
ITEM
NO. 3
BY: BY:
RE: Urban Renewal
As you authorized in September, this department and the legal department contacted
the property owners of those parcels in the Northeast Industrial Park for which
certificates of completion have not been issued to date.
We were able to successfully issue a certificate of completion to one property
owner:
Premier Pneumatics (Butler Mfg.)
The remaining three property owners (Long McArthur, Inc., Wilson-Wilfam, Inc. and
Famdoc, Inc.) have agreed to the proposed extension of the covenants.
Attached are signed copies of these agreements. It is imperative that the city
agree to .these extensions as our only alternative at this time is to pursue
protracted legal action in reclaiming and reselling the affected property.
Therefore, you are requested today to adopt the attached resolution, authorizing
the Mayor to sign the three agreements.
Attachments: Resolution #86-3877
3 Covenant extensions as indicated
cc: Larry Muff
Greg Wilson
Rex McArthur
COMMISSION ACTION
MOTION BY SECOND BY
TO:
RESOLUTION NUMBER 86-3877
A RESOLUTION AUTHORIZIHG THE MAYOR OF THE CITY OF SALINA
TO EXECUTE AN EXTENSION CF COVENAHTS AGREEMENT PERTAINING TO
CERTAIN PROPERTIES INCLUDED WITHIN THE NORTHEAST INDUSTRIAL PARK
URBAN RENEWAL PROJECT.
¥/HEREAS, IN CONJUNCTION WITH THE Northeast Industrial Park
Urban Renewal Project either the Salina Urban Renewal Agency or its successor,
the City of Salina, sold certain properties on a bid basis to private individuals
or entities for redevelopment; and
WHEREAS, the deeds conveying the respective properties to those
purchasers all contained certain covenants running with the land, including the
requirements that the property be devoted only to the uses specified in the
Urban Renewal Plan, as amended, and that construction be commenced and
completed within a certain period of time, subject to reversion and title to the
City of Salina in the event of noncompliance; and
WHEREAS, there are certain properties for which the time limit for
development in accordance with the construction plans approved by the City has
expired and a certificate of completion evidencing compliance has not been
issued; and
WHEREAS, the covenant requ ring that the property be devoted to
uses specified in the Urban Renewal Plan expires in all cases on January 1,
1987; and
WHEREAS, it is the desire of the City of Salina, to assure that all
properties within the project are developed in accordance with the Urban
Renewal Plan, as amended, and to cooperate with the present owners of the
property toward its development in accordance with their respective construction
plans; SO NOW, THEREFORE
BE IT RESOLVED by the Governing Body of the City of Salina,
Kansas:
Section 1. That the Mayor of the City of Salina is hereby authorized
to execute an "Extensio~ of Covenants" agreement with the owners of the
)roperties outlined below which shall:
A. Extend application of the i'~ortheast ~r. dustrial Park
Urban Renewal Plan until January 1, 2002, an additional
!5 years; and
B. Extend the permitted period for completion of
construction in accordance with the construction plans
approved by the City until January 1, 1997, an
additional 10 years.
Section 2, That the extension of covenants agreement referred to
above shall be entered into with the following owners of the following described
real estate:
A.
Bo
Wilfam, Inc., a Kansas Corporation.
Lot Four (4) and Lot Five (5), Block Thirteen (13),
and Lots Two (2), Three (3) and Four (4), Block
Fourteen (14), Northeast industrial Park (Blocks
Thirteen - Fourteen), Salina, Saline County, Kansas.
Famdoc, Inc., a Kansas Corporation.
Lot Two (2), less the West One Hundred Twenty Feet
(W 120') thereof, a~,d Lot Six (6), all in Block Five
(5), Northeast industrial Park in tl~e City of Salina,
Saline County, Kansas.
C. Long-McArthur, Inc., a Kansas Corporation.
All of Lot Seven L;'), Block Five (5) of the Northeast
Industrial Park (Blocks Four - Six) of the City of
Salina, Kansas, except the following described parcel of
land: Beginning at the northeast corner of said Lot
Sever: (7); thence southerly along the east line of said
Lot Seven (7), a distance of One Hundred Eighty-five
feet (185.00') to the southeast corner of said Lot Seven
(7); thence southwesterly along the south line of said
Lot Seven (7), a distance of Two and Sixteen
Hundredths feet (2.16'); thence northerly along a line
parallel with the east line of said Lot Seven (7) a
distance of One Hundred Eighty-five and Eighty-two
Hundredths feet (185.82') to the north line of said Lot
Seven (7); thence easterly along the north line of said
Lot Seven (7) a distance of Two feet (2.00') to the
point of beginning.
Adopted by the Board of Commissioner's and signed by the Mayor this
22nd day of December, 1986.
[SEAL]
ATTEST:
Joseph M. Ritter, Mayor
D. L. Harrison, City Clerk