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2004-4RESOLUTION # 2004-004 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LAND EXCHANGE TRANSACTION WHEREAS, the City of Janesville owns a 9.9 acre of land off Afton Road which is not serving a public purpose, which land is legally described as set forth in Attachment "A" hereto which is incorporated herein by reference as if fully set forth verbatim; and WHEREAS, Mr. Michael Morris owns a 2.9 acre parcel of land that is an abandoned railroad right-of-way and is contiguous with City park land, which land is legally described as set forth in Attachment "B" hereto which is incorporated herein by reference as if fully set forth verbatim; and WHEREAS, the Janesville Common Council finds it to be in the City's best interest and of benefit to the community and City to trade parcels of land with Mr. Morris with no associated financial remuneration by or from either party; and WHEREAS, Sections 62.11(5) and 62.22(1) of the Wisconsin Statutes and other provisions of law permit the City's acquisition and conveyance of such parcels of land; and WHEREAS, the City finds its land is surplus and appropriate for exchange and conveyance; and WHEREAS, the Janesville Plan Commission reviewed this land transaction at their meeting on the 16th day of February 2004, and on a vote of 4-2 found this land transaction to be consistent with City long range plans though not commenting on the financial aspects of this transaction; NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of Janesville, that they hereby authorize and direct the City Manager and/or his designee, to trade and exchange parcels of land with Michael Morris on behalf of the City of Janesville, as the City Manager may deem necessary or desirable to effectuate the intent of this resolution. BE IT FURTHER RESOLVED, that the City Manager and his designees may, from time to time, negotiate, draft, amend, execute and enter into such changes and other documents to the property acquisition documents, contracts and agreements and take such other action as the City Manager may deem necessary or desirable to effectuate the intent of this resolution. ADOPTED: February 23, 2004 APP~VED: Steven E. SheiffeccZCiiy Manager ATTEST: Jea/od~nn Wulf, City Clerk-Treasur~7~/ APPROVED AS TO FORM: Waldemar Klimcz~K', City Attorney MOTION BY: Murphy SECOND BY: Steeber COUNCILMEMBER AYE NAY PASS ABSENT ADDLE X MURPHY X DEGARMO X STEEBER X WILLIAMS X BRIEN X WELLNITZ X Proposed by: Leisure Services Prepared by: Leisure Services