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2012-944 Resolution 2012 - 944 A Resolution Authorizing an Option to Purchase and Subsequent Sale of a 5.13 -acre Industrial Site Located at 4385 Capital Circle to Helgesen Family Limited Partnership WHEREAS, the City of Janesville desires to SELL an industrial site consisting of approximately Five and Thirteen One Hundredths (5.13) acres of land located at 4385 Capital Circle in the City of Janesville, legally described as: Lot 1 CSM Doc 1712584 Vol 28, Pgs 269- 271,CSM Rock Co, WI DAF: Pt SE 1/4 Sec 33, T3N, R13E, 4th PM, City of Janesville, Rock Co, WI. 0233300503 (the "Property "); and WHEREAS, Helgesen Family Limited Partnership has entered into a binding Option to Purchase the Property with the City, which Offer is dated the 4th day of October, 2012; and WHEREAS, the City of Janesville is authorized and empowered to purchase, acquire, use and sell the Property for such industrial site and related development purposes and uses, and to enter into such Option to Purchase Agreement and subsequent sale, pursuant to Wis. Stats. §§ 62.11(5), 62.22 (1) and (1m), 62.23 (17) (a), 62.23 (17) (b), 66.0101, 66.1101, and related statutes; and WHEREAS, the Common Council hereby find that such purchase, development, uses, lease, option to sell, and/or sale constitute public purpose(s) that benefit the community and promote the economic, development, health, welfare, safety, good order and best interests of the City, its residents, businesses and visitors; and WHEREAS, the Janesville Plan Commission reviewed this property as part of the approval of the project plan for TIF District 14 on the 27th day of February, 1995 and found it to be consistent with long range City plans to purchase and resell the property for industrial development; and WHEREAS, the Common Council approved resolution 94 -1855 on the 30 day of March, 1995 creating TIF District 14 for the purpose of industrial development; and WHEREAS, the following terms and conditions apply to the options to purchase and acquire the property: Helgesen Family Limited Partnership shall pay option fees of $100.00 forthwith, $1,250.00 by December 31, 2013, $2,500.00 by December 31, 2014, $3,750.00 by December 31, 2015, and $5,000.00 by December 31, 2016 to have the opportunity to execute the offer to purchase the property for $28,000.00 per acre for this 5.13 acre parcel, which is $143,640.00; and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Janesville that they hereby approve and authorize the City Manager and/or his designee(s) to enter an Option to Purchase and SELL and close upon the City's conveyance of the Property on behalf of the City to Helgesen Family Limited Partnership if it exercises its Option to Purchase; and 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, Resolution 2012 - 944 Page 2 necessary and/or desirable to effectuate the intent of this resolution and/or the public good. ADOPTED: October 22, 2012 Motion by: Steeber Second by: Dongarra -Adams APPROVED: Councilmember Aye Nay Pass Absent Dongarra -Adams X �' AK Farrell X Enc J. L- if ity Manager Liebert X Kealy X ATTE - : Severson X ` ✓ Steeber X Voskuil X Je. Ann Wulf, City Clerk -Trea -r 1 APPROVED AS TO FORM: Assistant City Attorney Proposed by Economic Development Director Prepared by Assistant City Attorney .-