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Kanopolis Resolution to Transfer Property

Posted in:

(First Published in the Ellsworth County Independent-
Reporter, January 21, 2021)

RESOLUTION NO. 2021-R-01

BE IT RESOLVED by the governing body of the City of Kanopolis, Kansas, as follows:
WHEREAS, The City of Kanopolis, Ellsworth County, Kansas (“the City”) is the owner of the following described real estate located in Ellsworth County, Kansas:
    Lots twenty-one (21) and twenty-two (22)
    and the north half of lot twenty-three
    (N/2 23), all in Block One hundred and
    Twelve (112) of the Original City of
    Kanopolis, Ellsworth County, Kansas;
WHEREAS, the City has been owner of the above-described real estate for many years; and
WHEREAS, the Council of the City of Kanopolis (“City Council”) may dispose of property in a manner and on such terms and conditions as the City Council deems to be in the best interests of the City; and
WHEREAS, the City Council my transact all City business it deems appropriate in the performance of its duties to maintain, develop, and operate the City; and
WHEREAS, Aaron Burwell, has stated an interest in building a residence on the above-described real estate if the City granted it to him; and
WHEREAS, it is anticipated the City will benefit from the building of a new residence in the City; and
WHEREAS, it is anticipated the building of a new home in the City will expand the tax base of the City, as well as that of the County; and
WHEREAS, the above-described real estate may produce a greater financial benefit to the City as a private residence; and
WHEREAS, the Council has determined it is in the best interests of the City and beneficial to the City for its s maintenance, development, and operation, to dispose of the above-described property as set forth in this resolution; and
NOW, THEREFORE, BE IT RESOLVED, by the Council of Kanopolis, Ellsworth County, Kansas, that the City Council dispose of the following described real estate under the terms and conditions set forth in this Resolution. Said real estate being described as follows:
    Lots twenty-one (21) and twenty-two (22)
    and the north half of lot twenty-three
    (N/2 23), all in Block One hundred and
    Twelve (112) of the Original City of
    Kanopolis, Ellsworth County, Kansas;
BE IT FURTHER RESOLVED, that said disposition be made transferring title to the above-described real estate for the building of a residence within two years of the date of the passing of this Resolution;
BE IT FURTHER RESOLVED that the grantee, Aaron Burwell shall deliver to the City a copy of the building plans prior to construction for approval by the City Public Works Director, and that the grantee, Aaron Burwell, shall communicate to the City Public Works Director when the construction is complete, and allow the City Public Works Director to inspect the construction to his satisfaction; and
BE IT FURTHER RESOLVED, that the City shall retain a reversionary interest in the above-described real estate in the event the grantee does not construct a residence within two years of the date of the passing of this Resolution, and the residence must conform to the building plans presented to the City Public Works Director prior to construction and be approved by the City Public Works Director to his satisfaction; and
BE IT FURTHER RESOLVED, that said reversionary interest of the City shall be released, abandoned, and discharged, by the execution of a quit claim deed from the City, executed by the Mayor and attested to by the City Clerk, upon the, upon the satisfaction of the construction and approval requirements set forth in this resolution; and
BE IT FURTHER RESOLVED, that the City shall have no liability or obligation for the construction of a residence on said property; and
BE IT FURTHER RESOLVED, that grantee SHALL be liable for the cost of a new water service connection fee and the cost of any sewer connection fee, and for any other fees associated with the construction of a residence on the above-described real estate; and
BE IT FURTHER RESOLVED that the Mayor with the attestation of the City Clerk shall be authorized to execute on behalf of the City Council an appropriate deed or deeds to carry out this resolution; and
BE IT FURTHER RESOLVED that the Mayor shall be authorized to take such further action as may be deemed necessary, appropriate, and/or convenient for the purpose of carrying out the intent of this Resolution.
PASSED AND APPROVED this 12th day of January, 2021.

Anthony Hopkins, Mayor

ATTEST:

Debra Stroede-Kralik, City Clerk

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