Title
Resolution to Approve a Purchase and Sale Agreement Between Menard, Inc. and the City of West Allis for a Portion of Vacated West Arthur Avenue at South 109th Street.
Body
WHEREAS, Menard, Inc. ("Menard") had an approved Site Plan by the Plan Commission of the City of West Allis ("City") dated May 28th, 1996, which included a provision for vacating a portion of West Arthur Avenue adjacent to their proposed development; and,
WHEREAS, the Common Council of the City of West Allis by Resolution No. 22173 adopted March 3rd, 1987, vacated a portion of West Arthur Avenue from a point 140 feet West of S. 109th Street to a point 315 feet; and,
WHEREAS, Menard had written a letter to the Director of Public Works on May 18th, 1987, as a follow up to the above stated Plan Commission provision for their development to purchase the vacated portion of West Arthur Avenue; and,
WHEREAS, the development moved forward without any further action on behalf of either party to commence the purchase and sale of the vacated lands along West Arthur Avenue; and,
WHEREAS, the City has since had several meetings and correspondence with Menard concerning the initial Site Plan along with the sale of the portion of vacated West Arthur Avenue; and,
WHEREAS, Menards shall submit a Planning Application, appropriate planning fees, and site, landscaping and architectural plans for Plan Commission approval showing the following:
1. Special Use for all outdoor sales and display, specifically sheds, garages, etc. on the above-referenced portion of vacated W. Arthur Ave. at S. 109 St. and all outdoor items located along the east side of the building, south of the main entrance OR the immediate removal of all outdoor sales and display that do not currently hold a Special Use permit;
2. As-built site, landscaping and screening plans to include, but are not limited to the following:
• Delineation of all provided parking stalls and cart corrals
• All landscaping, including species
• All fencing, including types and materials
• All building structures and footprints, including square footage of each
• Refuse areas
• All outdoor sales, display and storage areas, including square footage of each and the number of parking stalls each area occupies (if applicable)
• Required and provided parking calculations
• Fire lanes
• Legend descriptions of plan details; and,
3. A signage plan showing conformance to the City's signage ordinance; and,
WHEREAS, the City Attorney and the Director of Development have commenced negotiations with Menard and have negotiated a Purchase and Sale Agreement of the portion of vacated West Arthur Avenue.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis as follows:
1. That the Purchase and Sale Agreement entered into between Menard, Inc. and the City of West Allis for the purchase price of $4.77 per square foot (approximately 4,350 square feet), in the form attached hereto and incorporated by reference, be and the same is hereby approved.
2. That the Mayor and the City Administrative Officer, Clerk/Treasurer be and are hereby authorized and directed to execute and deliver the attached Purchase and Sale Agreement on behalf of the City of West Allis.
ATTR-P&S Agreement Menards