#06 Authorize sale of Hugunin House located at 2739 Beloit Avenue (File Res. #2012-884)
City Manager’s Office Memorandum
February 27, 2012
TO: Janesville City Council
FROM: Al Hulick, Management Analyst
SUBJECT: Action on a proposed resolution authorizing the City Manager to
sell the Hugunin House located at 2739 Beloit Avenue.
(File Res. No. 2012-884)
Summary
The Administration has reached an agreement to sell the property located at
2739 Beloit Avenue known as the Hugunin House on land contract to Mr. Randy
Maizonet for $70,000. The City has owned and maintained the property since
2004. File Resolution 2012-884 authorizes the City Manager to enter into a land
contract for the sale of 2739 Beloit Avenue.
Staff Recommendation
The City has owned the subject site since 2004. The home has remained vacant
since 2006 and the City has had to perform considerable maintenance on the
property. Due to the limited use and interest in the property, and the increasing
maintenance cost associated with retaining ownership of the home, staff
recommends the City Council approve File Resolution 2012-884 authorizing the
City Manager to enter into a land contract for the sale of 2739 Beloit Avenue for
$70,000.
City Manager Recommendation
The City Manager recommends approval.
Suggested Motion
The City Council moves to approve File Resolution 2012-884 authorizing the City
Manager to enter into a land contract for the sale of 2739 Beloit Avenue.
Background
When the City created TIF District No. 16, the City of Janesville purchased the
property located at 2739 Beloit Avenue known as the Hugunin Property. At that
time Mrs. Hugunin still resided at the farmstead property which consisted of
undeveloped land including the subject residence and accessory structures. On
February 23, 2004, the City of Janesville made the final payment to Mrs. Eva
Hugunin for the property. The purchase agreement specified that Mrs. Hugunin
could remain on the property for the rest of her life or until such time as she
chose to leave. In July 2006, Mrs. Hugunin vacated the property, electing to live
with family instead. Since it was vacated in 2006, the City has continued to
maintain the property. The property has been used for single-family purposes
since its original construction in 1868. The property remains unoccupied at this
time.
As part of the acquisition process, the City was required to register the property
on the National Historic Registry. Therefore, any subsequent use of the property
will be subject to the restrictions of a historic conservation easement. This will
require any exterior alterations to be reviewed by the Historic Commission for
review and approval.
At the March 24, 2008 meeting, the City Council approved Resolution No. 2008-
485 which declared the property as surplus property and available for sale. At
that time, the Administration had no specific plans for reuse or sale of the
property but needed to declare the property as surplus before making it available
for reuse and/or sale.
Analysis
As noted, the Hugunin House has been under City ownership since 2004. Ms.
Hugunin moved out of the home in 2006, and the City has had the property listed
for sale since that time. The property was originally listed for $159,000. That
price was lowered to $110,000 in 2010 and again lowered to $90,000 in 2011
due to continued lack of interest and rising maintenance costs on the property.
Although the property has had several showings during that time, no formal
offers have ever come forward until the subject offer put forth by Mr. Maizonet.
Mr. Maizonet’s has offered to purchase the home on land contract for $70,000.
The land contract will be for five years at five-percent interest. It is buyer’s intent
to rehab the home as a single family residential unit. The City Council amended
the Zone District at their January 9, 2012 meeting to allow for the continued use
of this property as a single family home.
The Hugunin property is on the National Register of Historic Places. This
designation requires that any use and/or restorations made to the property must
not adversely affect the building’s historic integrity. Therefore, the City will also
need to record a Historic Conservation Easement on the property. The recording
of this easement will be brought forward with a CSM that legally defines the
subject site has been brought forward on this agenda for your review and
approval.
cc: Eric Levitt
Jacob Winzenz
RESOLUTION NO. 2012-884
A resolution authorizing the City Manager to proceed with the sale of surplus property
located at 2739 Beloit Avenue
WHEREAS
, the City of Janesville, a Wisconsin Municipal Corporation (hereinafter the “CITY”),
is the owner of record title to the property known as the Hugunin Home located at 2739 Beloit
Avenue, City of Janesville, County of Rock, State of Wisconsin, (hereinafter the “PROPERTY”);
WHEREAS
, the property consists of approximately 2 acres of land located at 2739 Beloit
Avenue and was purchased in 2004 as part of the creation of Tax Incremental Finance District
16; and
WHEREAS
, the property was formerly owned by the Ms. Eva Hugunin who vacated the
property in 2006 and the property has remained vacant since that time; and
WHEREAS
, the City of Janesville has negotiated an agreement to sell the property on land
contract to Mr. Randy Maizonet for Seventy Thousand and 00/100 Dollars ($70,000.00); and
WHEREAS
, the City shall record a historic easement on the property being transferred requiring
any exterior alterations to be reviewed by the Historic Commission for review and approval; and
WHEREAS
, the Common Council of the City of Janesville declared this property to be surplus
property on March 24, 2008 and thus no longer needed for City purposes and the proposed
transaction is to the benefit and best interest of the citizens and the City of Janesville.
NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL
of the City of Janesville
hereby authorizes and directs the City Manager and the City Clerk to execute on behalf of the
City of Janesville, the sale of such property; and to negotiate and execute such documents,
papers and forms as may from time to time be necessary and/or desirable to effectuate such
transaction and the intent of this resolution as the City Manager may decide; and
BE IT FURTHER RESOLVED
that the City Manager is hereby authorized to take whatever
other actions or to make whatever other minor changes that may be necessary to effectuate this
land transaction.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Dongarra-Adams
Liebert
Eric J. Levitt, City Manager
McDonald
Rashkin
ATTEST:
Steeber
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Tim Wellnitz, Assistant City Attorney
Proposed by: City Manager’s Office
Prepared by: City Manager’s Office
Historic Conservation Easement
Document No. Document Title
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of Janesville, a Wisconsin Municipal Corporation
(hereinafter the “CITY”), is the owner of record title to the property known as
the Hugunin Home located at 2739 Beloit Avenue, City of Janesville, County
of Rock, State of Wisconsin, which is referred to as Lot 2 on the attached
survey;
WHEREAS, the PROPERTY is listed on the National Register of Historic
Places; and
Recording Area
WHEREAS, the CITY wishes to protect and preserve the historic character of
Name and Return Address
the PROPERTY in accordance with Wisconsin Statutes Section 66.1111
Jean Ann Wulf, City Clerk-Treasurer
through the granting of a Conservation Easement (hereinafter the
City of Janesville
"“EASEMENT”), in accordance with Wisconsin Statutes Section 700.40;
P.O. Box 5005
Janesville, WI 53547-5005
NOW, THEREFORE, in consideration of the aforesaid, the undersigned, the
CITY of JANESVILLE, as Owner of the above-described PROPERTY, does
hereby declare that said PROPERTY shall be subject to, and shall be conveyed
Parcel Identification Number (PIN)
subject to, the provisions of the EASEMENT as hereafter described, and
which shall be real and binding on the heirs, successors, assignees of the
This homestead property
(is) (is not)
CITY, and on any subsequent purchasers, and shall be considered as running
with the land in perpetuity:
1. The CITY shall retain for itself an EASEMENT, which gives the CITY a non-possessory interest in the
PROPERTY to preserve the historical and architectural aspects of the PROPERTY.
2. The OWNER agrees to assume the cost of continued maintenance and repair of the PROPERTY in
accordance with the recommended approaches in the Secretary of the Interior’s standards for rehabilitation and associated
guidelines, or substantially similar standards of the CITY, so as to preserve the historical and architectural integrity of the
features, materials, appearance, workmanship, and environment in order to protect and enhance those qualities that made
the property eligible for listing in the National Register of Historic Places.
3. To preserve the historical and architectural aspects of the PROPERTY, the PROPERTY shall be subject
to the provisions of the City of Janesville Historic Overlay Zoning District, Ordinance 18.36.070.B.2, as from time to time
amended or renumbered, and which District regulations require the Owner of the PROPERTY to obtain a Certificate of
Appropriateness or Statement of Waiver from the Janesville Historic Commission for any action which would affect the
exterior of the PROPERTY.
4. If the Janesville Historic Commission and, upon appeal, the Plan Commission denies the Owner of the
PROPERTY a Certificate of Appropriateness or Statement of Waiver applicable to the exterior in accordance with the
provisions of the City of Janesville Zoning Code Section 18.36.070.2.i., as from time to time amended or renumbered,
and/or this Easement, the Owner of the PROPERTY may appeal the denial of a Certificate of Appropriateness or
Statement of Waiver by the Janesville Historic Commission and the Plan Commission, to the Common Council of the
City of Janesville. The decision of the Common Council shall be final and binding upon the Owner of the PROPERTY.
5. The CITY, and its heirs, successors, assignees, conveyees and transferees shall insert the provisions of
this EASEMENT contained herein, either verbatim or by express reference, in any deed or legal instrument by which the
current Owner of the PROPERTY divests itself of either the fee simple title or any lesser estate in the PROPERTY.
6. The restrictions, provisions and obligations set forth in this Easement concerning and affecting the
exterior and interior of the PROPERTY apply to the CITY and each and every of the CITY’s heirs, successors, assignees,
conveyees and transferees.
IN WITNESS WHEREOF, the Officers of the City of Janesville, Wisconsin, Owner of said PROPERTY have hereunto
set their hands and seals this ____ day of ______, 2012.
* *
* *
AUTHENTICATION ACKNOWLEDGEMENT
STATE OF WISCONSIN )
Signature(s) ) ss.
County )
authenticated this day of ,
Personally came before me this day of
, , the above named
*
TITLE: MEMBER STATE BAR OF WISCONSIN
(If not,
authorized by § 706.06, Wis. Stats.) to me known to be the person(s) who executed the foregoing
instrument and acknowledge the same.
THIS INSTRUMENT WAS DRAFTED BY
*
Notary Public, State of Wisconsin
(Signatures may be authenticated or acknowledged. Both are not
My Commission is permanent (if not, state expiration date:
necessary.)
)
* Names of persons signing in any capacity should be typed or printed below their signatures. J:\Attorney\Word\Shared\Hugunin Historical Conservation Easement.doc