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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: {{4 r7;4 City torney Proposed by: City Manager Prepared by: Economic Development Dir.