Fiscal Note
Project No. 4 in the Fire Department's 2006 Capital Budget includes $300,000 to purchase land for a Far East Station. Funds are available in CL72-58110-810490-00-72E0013.
Title
Authorizing the execution of an Offer to Purchase Real Property with the Madison Metropolitan School District for the purchase of land located at the southwest corner of Lot 248, First Addition to Reston Heights, City of Madison for the future siting of a fire station.
Body
PREAMBLE
The Madison Fire Department ("MFD") has been looking for land for the future siting of a fire station to provide service to the east-central area of the City of Madison ("City"). The MFD has identified a site of approximately 1.4 acres generally located at the southwest corner of Lot 248 First Addition to Reston Heights, City of Madison (the "Property") shown in Exhibit "A" that meets its selection criteria for the location of the fire station. The Property is currently owned by the Madison Metropolitan School District (MMSD). MMSD has presented the City with an Offer to Purchase real property (the "Offer"). An appraisal of the Property has been performed that supports the purchase price of this offer.
NOW, THEREFORE BE IT RESOLVED that the Mayor and City Clerk are hereby authorized to execute an Offer to Purchase Real Property from MMSD for land located at the southwest corner of Lot 248 First Addition to Reston Heights, City of Madison for the future siting of a fire station, on the following terms and conditions:
1. Purchase Price. The total purchase price of the MMSD's interest in the Property shall be an amount equal to the product of $4.75 per square foot times the exact number of square feet of surface area within the Property exclusive of road rights of way, as determined at the time of platting of Lot 248 and the establishment of the Property as a lot within such plat, payable in cash at closing. The Property is approximately 1.4 acres (60,984 square feet) (60,984 square feet x $4.75 / square foot = $289,674).
2. Title Insurance. MMSD shall provide to the City at MMSD's expense at least ten (10) business days prior to closing a commitment from a title insurance company licensed in Wisconsin to issue title insurance in the amount of the total purchase price upon the recording of proper documents, together with a gap endorsement. The commitment shall show title to the Property, as of a date no more than fifteen (15) days before such title proof is provided to the City, to be in the condition called for in this Offer, subject only to liens which will be paid out of the proceeds of the closing and to any standard title insurance exceptions acceptable to the City. The City shall notify the MMSD of any valid objection to title, in writing, prior to closing. The MMSD shall have a reasonable time, but not exceeding fifteen (15) days, to remove the objections, and closing shall be extended as necessary for this purpose. Should the MMSD be unable or unwilling to carry out this Offer by reason of a valid legal defect in title, which the City is unwilling to waive, this Offer shall be null and void.
3. City's Inspections. Prior to the date of closing, the City and its agents shall be given the opportunity to conduct such inspections of the Property as the City deems reasonably necessary related to matters such as, but not limited to, the physical condition of the improvements located upon the Property, soil conditions, location of flood plain/wetlands boundaries, environmental conditions (adverse or otherwise), matters which would be revealed by survey, zoning, building or land use restrictions and other laws, ordinances, rules or regulations affecting the Property or the City's intended use thereof. The City and its agents shall have the right of reasonable access to the Property to conduct such inspections, investigations, evaluations and testing. If the City determines, based on any such investigations, inspections, evaluations, or testing, that any condition prohibits the desired use of the Property or significantly increases the cost of development of the Property for use as a fire station, this Offer will be null and void, provided the City provide written notice to the MMSD, stating the reasons the Offer will be null and void, within sixty (60) days following the date of acceptance of this Offer.
4. Conditions of Sale.
a. The MMSD shall:
(1) Submit a Plat application for the Property, approving the subdivision of Lot 248. This Plat shall provide for the subdivision of Lot 248 into building sites and lots, which shall be zoned to permit the development and use of such lots and building sites for their intended purposes. The Plat, and the lots and building sites established therein and thereby, shall have the following specific features and classifications:
i. The Plat shall provide for the extension of Herndon Drive northerly on a continuous path through the entire length of Lot 248 in the approximate location indicated on Exhibit A attached hereto.
ii. The Plat shall provide for the establishment of the Property as a separate lot located at the southwest corner of Lot 248 consisting of an area of approximately 1.4 acres, as generally depicted on Exhibit A attached hereto. The Property shall be bounded on the west by Sprecher Road, on the south by Wyalusing Drive and the on east by Herndon Drive, as extended north of Wyalusing Drive. The north line of the Property will be placed at a location providing a total area for the Property of approximately 1.4 acres. The exact location of lot lines, area and legal description for the Property will be established as part of the platting of Lot 248 by MMSD.
iii. The Property shall have a zoning classification permitting its development and use as a municipal fire station.
iv. MMSD shall, at its expense and in accordance with legal requirements, provide for the preparation, final approval and recording of the Plat. All necessary approvals and authorizations shall be obtained, and the approved Plat shall be recorded, within eleven (11) months following date of acceptance of
the Offer, or the Offer shall be void.
(2) Deliver to the City a list of all federal, State, county or local conservation, farmland, environmental, or other land use programs, agreements, or conservation easements, to which any part of the Property is subject, or in which any part of the Property is enrolled. (Farmland Preservation Agreements, Forest Crop, Woodland Tax, Managed Forest Conservation Reserve, Wetland Mitigation or comparable programs). The MMSD shall also disclose to the City at that same time what restrictions on land use are imposed under said programs or agreements applying to the Property, and whether there are any penalties, special fees, withdrawal charges, or payback obligations pending, or currently deferred, and the amounts, if any. This contingency shall be deemed satisfied unless the City delivers to the MMSD, within five (5) days of receipt of said list and disclosures, a notice declaring the Offer null and void based upon the use-restrictions imposed or the amount of any penalty, or payback obligation pending or deferred.
5. Closing.
a. Closing shall take place within sixty (60) days following the date of removal of the last of the contingencies set forth above, or no later than February 1, 2007, at the offices of the title company providing the title insurance.
b. The MMSD agrees to execute and deliver to the City at closing a Warranty Deed conveying the Property to the City.
c. The City shall pay all recording/filing fees except that the MMSD shall pay the recording/filing fees for such documents as are required to be recorded/filed in order to cause title to the Property to be in the condition called for by this Offer.
d. The MMSD shall pay all real estate transfer taxes payable pursuant to Section 77.25, Wisconsin Statutes, if any.
6. Special Assessments. The MMSD shall be responsible for any and all special assessments, area assessments, connection charges, interceptor charges, development charges, or any other charges payable to any municipality or utility with regard to the Property as of the date of closing.
7. Acceptance. The Offer may be accepted by the MMSD delivering or mailing via certified mail, return receipt requested, a fully-executed original of the Offer to the City at the following address: CEDU, P.O. Box 2983, Madison, WI 53701-2983, at any time within sixty (60) days of the date of the City's execution of the Offer, whereupon the Offer and the acceptance thereof shall become a binding contract. If the MMSD does not accept the Offer within the prescribed time period, the Offer shall become null and void and be of no further force or effect.
BE IT STILL FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute, deliver accept and record any and all documents and take such actions as shall be necessary or desirable to accomplish the purpose of this resolution in a form approved by the City Attorney.