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Notice Pursuant to K.S.A. 12-1301 South Park Property (2nd Publication)

Salina, KS  | Official Website News Image

8/30/2024 8:24:00 AM

NOTICE PURSUANT TO K.S.A. 12-1301 

PROPOSED RELINQUISHMENT OF THE CITY’S REVERSIONARY INTEREST IN SOUTH PARK (a/k/a CITY PARK) TO USD 305 (the “DISTRICT”); THE POTENTIAL SALE OF A PORTION OF SOUTH PARK BASED UPON PROPOSALS TO BE PURSUED BY THE DISTRICT FOR DEVELOPMENT AS MARKET-RATE, MULTI-FAMILY HOUSING COMPLEMENTARY TO THE DOWNTOWN; AND THE FUTURE SALE OF THE REMAINING PORTION OF SOUTH PARK BASED UPON PROPOSALS TO BE PURSUED BY THE DISTRICT FOR REDEVELOPMENT FOR PURPOSES AGREED UPON BY THE CITY AND THE DISTRICT

Unified School District No. 305 (the “District) is the record owner of the real estate described as:


All of that certain tract of ground known and designated as South Park, and which is located in the Original Town of Salina according to the recorded plat thereof, in the block which is bounded by Second Street and Third Street  and by Walnut Street and Mulberry Street, and which is sometimes also known and designated as “City Park”, being all of said block above described, except Lots One (1), Two (2), Three (3), Four (4) and Five (5) at the north end thereof, facing on Walnut Street, and Lots Six (6), Seven (7), Eight (8), Nine (9) and Ten (10) at the South end thereof, facing on Mulberry Street (the “South Park Property”);


as conveyed by the City of Salina (the “City”) to the District in 1946 pursuant to a pre Constitutional Home Rule enactment of the Kansas legislature conditioned upon the transfer of title from the City to the District being subject to reversion to the City upon the failure of the District to use the South Park Property for school purposes only (the “City’s Reversionary Interest”). 


The City and the District have entered into the attached Agreement Relating to the Sale of Real Estate, including Exhibits A-1, A-2, B, and C, (the “Agreement”). Exhibit C depicts the proposed delineation of the South Park Property into Tract 1 and Tract 2.   The respective governing bodies of the City and the District have determined that the public interest will be served by (i) the City’s relinquishment of the City’s Reversionary Interest in the South Park Property; (ii) the potential sale of South Park Property – Tract 2 based upon proposals for market-rate, multi-family, residential redevelopment complementary to the Downtown (see Agreement §5); and (iii) the potential sale of South Park Property – Tract  1, including the District’s building located there, based upon proposals for intended redevelopment for purposes agreed to by the respective governing bodies of the District and the City (see Agreement §6). 


Because the South Park Property was deeded in 1869 by the Salina Town Company to the Trustees of the Town of Salina to be used as a public park and because the Agreement anticipates the City’s relinquishment of the City’s Reversionary Interest in anticipation of potential sale of the South Park Property based upon proposals to be pursued by the District, the Agreement has been preconditioned upon the City completing the requirements of K.S.A. 12-1301 relating to the sale of a public park by publication of this notice of the proposal on the City’s website as the City’s designated official city paper once each week for two consecutive weeks. 


If within thirty (30) days from the date of the last publication there has not been filed with the City Clerk a protest signed by qualified electors of  the City equal in number to not less than ten percent (10%) of the electors who voted at the last preceding regular city election as shown by the poll books, the City may make such sale pursuant to the terms of the Agreement.  In the event such a petition is filed with the City Clerk within the time prescribed above, no such sale shall be made until the Governing Body of the City shall be instructed so to do by a majority of all the votes cast on the proposition at a regular or special election.


Nikki Goding, City Clerk

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