2007-390
RESOLUTION NO. 2007 -390
RESOLUTION APPROVING A LAND EXCHANGE AGREEMENT
AUTHORIZING THE SALE OF SURPLUS REAL PROPERTY LOCA TED IN
THE 2300 BLOCK OF FOSTER AVE.
WHEREAS, Wis. Stats. 99 62.11 (5), 62.22 (1), 62.23 (17) (a), 62.23 (17) (b),
66.0101, 66.11 (5) and Chapter 32 of Wisconsin Statutes permit the Common
Council from time to time and at any time to find and declare various unused and
unneeded municipally-owned real property as surplus and to then authorize the
sale and/or other disposition of such surplus real property; and
WHEREAS, the Common Council hereby finding the 50' strip of City-owned real
property located in the 2300 block of Foster Ave. ("Property") is no longer needed
or necessary for public purpose(s), finding and declaring the same surplus, and
appropriate for sale or other disposition; and
WHEREAS, the City has negotiated a Land Exchange Agreement ("Agreement")
with Phylon, LLP, a copy of which Agreement is attached hereto and
incorporated herein as if fully set forth, whereby the City will exchange the
Property, while retaining an access easement across the Property, for an
approximately 4,350 square foot strip of Phylon-owned land along the rear lot line
of Lot 3 of the North Janesville Industrial Park, City of Janesville, County of Rock,
Wisconsin; and
WHEREAS, the parties to the Agreement have determined that the properties to
be exchanged have equal value and that the land exchange will be completed
without monetary compensation to either party; and
WHEREAS, the Common Council hereby find that such exchange of land
constitutes public purposes that benefits the community and promote the health,
welfare, safety and best interests of the City; its residents, businesses and
visitors; and
WHEREAS, the Janesville Plan Commission reviewed this proposed disposition
and/or sale in open session at their meeting on Monday, March 19, 2007, and
found it surplus, with the exchange of parcels consistent with long range City
plans, but not commenting upon the financial aspects of the transaction; and
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Janesville that they hereby approve the Land Exchange Agreement and
authorize the City Manager and/or his designee(s) to exchange the Property in
the manner set forth above, to take all actions necessary and desirable to
effectuate such transaction on behalf of the City, and to close upon the City's
exchange of the Property; and
Resolution 2007 - 390
Page 2
BE IT FURTHER RESOLVED, that the City Manager and/or his designee(s) on
behalf of the City of Janesville is/are hereby authorized and empowered to
negotiate, draft, modify, review, execute, and enter into additional agreements,
record, file and/or make minor modifications and/or amendments to any and all
documents, papers, forms, and agreements, and to take whatever other actions
as the City Manager may determine, from time to time and at any time,
necessary and/or desirable to effectuate the intent of this resolution and/or the
public good.
APPROVED:
~('
teven E. Sheiffer, City Manager
Motion by: Brunner
Second by: Addie
Councilmember Aye Nay Pass Absent
Brien X
Wellnitz. Tom X
Williams X
Brunner X
Wellnitz. Tim X
DeGarmo X
Addie X
ADOPTED: March 26. 2007
ATTEST:
APPROVED AS TO FORM:
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City torney
Proposed by: City Manager
Prepared by: Economic Development Dir.