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CCR2013046-BPParcelAquisition AMENDED COMMON COUNCIL – CITY OF MUSKEGO RESOLUTION #046-2013 RESOLUTION TO ACQUIRE TAX KEY NO. MSKC 2196.952 FROM WAUKESHA COUNTY (FORMER BP GAS STATION - S75 W17237 JANESVILLE ROAD) WHEREAS, Waukesha County has taken acquisition of various parcels along the Janesville Road in the past two years due to needing extra lands to facilitate the reconstruction of the roadway from 2012-13, and WHEREAS, Waukesha County now owns the former BP Gas Station parcel on the southwest corner of Lannon Drive and Janesville Road (S75 W17237 Janesville Road), and WHEREAS, The Common Council approved Resolution 102-2012 requesting that Waukesha County sell the parcel to the City of Muskego for $1 so the City could aid in the appropriate development of the parcel within the downtown Redevelopment District, and WHEREAS, Waukesha County is now offering the parcel to the City of Muskego for a sum of $2,500 and the caveat that any profits made on selling the property, within the next ten years, would have to be returned to the county, and WHEREAS, The Community Development Authority recommended this purchase and subsequent redevelopment and sale of this parcel at their October 16, 2012 meeting. NOW, THEREFORE, BE IT RESOLVED That the Common Council recommends purchase of the parcel from Waukesha County for the sum of $1. BE IT FURTHER RESOLVED, That the County shall agree to clean up any environmental damage in the road right-of-way at its cost as part of the Janesville Road Reconstruction Project. BE IT FURTHER RESOLVED, That the City of Muskego may still receive future WDNR Ready for Reuse monies and the sale to the city shall be a bona fide purchase parcel (BFPP) in order to allow the submittal of a future Ready for Reuse grant. BE IT FURTHER RESOLVED, That upon acquisition the parcel will be governed by the city’s Community Development Authority (CDA) and be put on the market via a Request For Proposal (RFP) process. BE IT FURTHER RESOLVED, Any final sale and developer’s agreement associated with a future sale will be by the approval of the Common Council. BE IT FURTHER RESOLVED, That a future sale of the property by the city is not intended to make a profit but simply to recoup any costs associated in the purchase and cleanup along with realizing a quality tax base producing development within the confines of the City’s Redevelopment District #2 and the downtown area. BE IT FURTHER RESOLVED, That the city will obtain its own environmental assessment and opinion as to potential liability from an environmental attorney prior to offering to purchase the land. The offer to purchase will be dependent on that the environmental attorney finds low risk in the assessment and the city can then proceed with the purchase. Any high risks found by an attorney would first have to be approved by the Common Council before proceeding with a final purchase. BE IT FURTHER RESOLVED, That the Mayor and City Clerk are authorized to sign any purchase documentation needs in cooperation with the City Attorney’s advisement. Reso. #046-2013 Page 2 DATED THIS 14th DAY OF MAY , 2013. SPONSORED BY: COMMUNITY DEVELOPMENT AUTHORITY Ald. Rob Glazier Ald. Robert Wolfe This is to certify that this is a true and accurate copy of Resolution #046-2013 which was adopted by the Common Council of the City of Muskego. ____________________________ Clerk-Treasurer