Resolution 2012R09, A Resolution for Sale of County Owned Real Estate

RESOLUTION NO.  12-R-09

 

 

A Resolution for Sale of County Owned Real Estate, Namely, Century Addition to the City of Ellsworth, Ellsworth County, Kansas at a Negotiated Price and Providing for Additional Confirmation and Notice of Sale

 

 

            WHEREAS, the County Commission of Ellsworth County, Kansas has previously adopted Resolution No. 04-R-09, being a Resolution Establishing a Policy and Procedure for Disposition of Surplus or Unneeded County Property; and

 

            WHEREAS, the Board of County Commissioners of Ellsworth County, Kansas, with input from appropriate entities and parties has determined that the real property described herein is no longer needed by the County due to changing service requirements, which service requirements could impair or limit its usage and be costly to the County, its residents and the Ellsworth County Medical Center; and

 

            WHEREAS, the Ellsworth County Healthcare Foundation, a healthcare not-for-profit 501(c)(3) charitable entity has offered to purchase the real property described herein, for a price at or near its original purchase price; and

 

            WHEREAS, Joe Shepack, the Ellsworth County Counselor, has obtained the current appraised value of the real estate described herein, as well as gathered and retained information regarding the location and size of the property, zoning and any restrictions, covenants, encumbrances and other matters that remain attached to the described real estate, and determined said matters will not affect the sale of the real estate for the purposes proposed herein; and

 

            WHEREAS, public notice of the sale has been provided by inclusion of the sale on the Board of County Commissioners agenda; and

 

            WHEREAS, the Board of County Commissioners of Ellsworth County, Kansas met in regular session on May 29, 2012, and approved the sale of the above described real estate by a negotiated sale, at a fixed price, and entered into a contract for sale of same; and

 

            WHEREAS, the Ellsworth County Healthcare Foundation, and its title insurance provider desire additional County action, by resolution, to further notice, confirm and ratify said sale.

 

            NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

 

            1. That the following described real property owned by Ellsworth County, Kansas is hereby declared surplus and unneeded property, due to the fact that it is no longer needed or necessary, under existing circumstances and proposals and due to changing service requirements, which changing service requirements could impair or limit its usage and be costly to the County, its residents and the Ellsworth County Medical Center. The surplus real property is described as follows:

 

Beginning at a point 1226.00 feet North and 724.92 feet West of the South quarter corner of Section 16, Township 15 South, Range 8 West, said point being a ½" rebar and cap set in concrete, at the NE corner of the Hospital Addition; thence on a bearing of N90º00'00"W along the North line of the Hospital Addition for a distance of 510.00 feet to a ½" rebar and cap set in concrete; thence on a bearing of N01º15'36"W for a distance of 522.30 feet to a ½" rebar and cap set in concrete; thence on a bearing of S89º53'46"E for a distance of 200.38 feet to a ½" rebar and cap set in concrete, said point being the SW corner of the Black Property (Book 58, page 217); thence on a bearing of S89º53'46"E along the South line of the Black Property for a distance of 300.00 feet to a ½" rebar and cap set in concrete, said point being the NW corner of Christiansen Property (Book 67, page 516); thence on a bearing of S01º15'36"E along the West line of the Christiansen Property for a distance of 300.00 feet to a ½" rebar and cap set in concrete, said point being the SW corner of the Christiansen Property; thence on a bearing of S03º45'02"E for a distance of 221.81 feet to the point of beginning, in the City of Ellsworth, Ellsworth County, Kansas;

Platted as Century Addition to the City of Ellsworth, Ellsworth County Kansas (the "Property").

 

2. The Board of County Commissioners of Ellsworth County, Kansas and the Ellsworth County Healthcare Foundation, a healthcare not-for-profit 501(c)(3) charitable entity have negotiated a sale at a fixed price of $350,000.00 with The Ellsworth County Healthcare Foundation being the Buyer thereof.

 

3. That Public Notice of the sale has previously been given by inclusion on the Board of County Commissioners Agenda for May 29, 2012.

 

4. That Resolution No. 04-R-09 requires a unanimous vote of the Board of Ellsworth County Commissioners for sale or disposition of surplus or unneeded County property, and a unanimous vote was cast by the commissioners present at the May 29, 2012 meeting.

 

5. That the Ellsworth County Healthcare Foundation desires for title insurance purposes further notice of the sale, by posting same on the County's website, on the County Bulletin Board in the Ellsworth County Courthouse, and by further inclusion on the Ellsworth County Board of County Commissioners agenda of June 11, 2012, which methods of notice are by the Board deemed appropriate to allow public participation and notification.

 

6. That the Ellsworth County Healthcare Foundation also desires the adoption of a further resolution by a unanimous vote of all three County Commissioners, approving the sale pursuant to the terms and conditions of the sale agreement previously presented, and to be further considered, adopted, ratified and approved at a meeting of the commissioners on June 11, 2012.

 

7. The description of the real property being sold, as well as the date, time and other terms and conditions of the disposition of Property are as set forth in that certain Agreement for Purchase and Sale of Real Estate ("Agreement") dated May 29, 2012, which Agreement will be further considered for further adoption, and ratification at the Board of County Commissioners regular meeting at 9:30 clock A.M. on June 11, 2012, with the meeting being held in the Board of County Commissioners office in the Court house at said time and date. The Agreement shall be posted on the County, bulletin board and Website, with the minutes of this meeting, along with this Resolution, and be available in the office of Jan Andrews, Ellsworth County Clerk for public review.

 

WITNESS OUR HANDS BELOW SET FORTH THIS 4^th DAY OF JUNE, 2012.

 

 

BE IT SO RESOLVED.

 

 

 

                                                                        ELLSWORTH COUNTY, KANSAS

                                                                        By: Its Commissioners

 

 

                                                                        _________________________________

                                                                        Albert Oller, Chairman

 

 

                                                                        _________________________________

                                                                        Terry Kueser, Member

 

 

                                                                        _________________________________

                                                                        Kermit Rush, Member

 

ATTEST:

 

 

__________________________

Janet L. Andrews, County Clerk