City of Madison - File #: 00365

• File #: 00365
• Version: 2
• Name: Substitute - Accepting an Offer to Sell from Whitson Swift Homes, Inc. for the acquisition of approximately 18 acres for the Northeast Open Space and amending the 2005 Capital Budget.
• Type: Resolution
• Status: Passed
• File created: 1/21/2005
• In control: BOARD OF ESTIMATES (ended 4/2017)
• On agenda: 2/22/2005
• Final action: 2/22/2005
• Enactment date: 3/1/2005
• Enactment #: RES-05-00142
• Title: SUBSTITUTE - Accepting an Offer to Sell from Whitson Swift Homes, Inc. for the acquisition of approximately 18 acres for the Northeast Open Space and amending the 2005 Capital Budget.
• Sponsors: Santiago Rosas

Date	Ver.	Action By	Action	Result
2/22/2005	2	COMMON COUNCIL	Adopt	Pass
2/21/2005	2	PLAN COMMISSION	Return to Lead with the Recommendation for Approval	Pass
2/14/2005	2	BOARD OF ESTIMATES (ended 4/2017)	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
2/10/2005	1	COMMON COUNCIL	Re-refer
2/9/2005	1	BOARD OF PARK COMMISSIONERS
2/1/2005	1	COMMON COUNCIL	Re-refer	Pass
1/24/2005	1	BOARD OF ESTIMATES (ended 4/2017)

Fiscal Note
This resolution amends the 2005 Capital Budget by the addition of a project involving the purchase of the 18 acre Whitson Swift parcel for $550,000. Resources are available in Fund S105 "Platting Fees". There is no impact upon General Obligation borrowing.
Title
SUBSTITUTE - Accepting an Offer to Sell from Whitson Swift Homes, Inc. for the acquisition of approximately 18 acres for the Northeast Open Space and amending the 2005 Capital Budget.
Body
Preamble

The Common Council adopted a resolution (Resolution no. 47,586, ID No. 8641) on February 19, 1991, that authorized the acquisition of approximately 254 acres for the establishment of a permanent open space (the "Northeast Open Space") between the cities of Madison and Sun Prairie. The City has acquired all the lands to be included in the Northeast Open Space with the exception of the 17.96-acre Whitson Swift Homes, Inc. property (the "Property").

The Wisconsin Department of Transportation (WISDOT) is acquiring access rights to the Property that will eliminate the Property's current access to USH 151 for $1,400,000 as part of its USH 151 Highway Improvement Project. The current owner of the Property has made an Offer to Sell the Property to the City for $550,000 ($30,624/acre) contingent on sale of the access rights to the WISDOT.

NOW THEREFORE BE IT RESOLVED that the City of Madison hereby accepts an Offer to Purchase (the "Offer") from Whitson Swift Homes, Inc. (the "Seller") an approximately 17.96 acre parcel of land (the "Property"), legally described below and as shown on Exhibit A, for the Northeast Open Space on the following terms and conditions:

1. Description. The Seller agrees to sell to the Buyer and the Buyer agrees to purchase from the Seller the Real Estate, together with the building, improvements and fixtures located thereon (hereinafter collectively referred to together with the Real Estate as the "Property").

2. Purchase Price: Condemnation Proceeds. The...