City attorney says Middleton must convey parcel under 2023 urban renewal agreement

City Attorney Douglas Waterman briefed the Middleton City Council on Dec. 3 about the city’s legal obligation to convey a piece of city-owned property to the local urban renewal agency under a 2023 agreement.

Waterman told the council the 2023 resolution memorialized the agreement, contains sufficient specificity about the property and bears the city’s signature, which together satisfy the statute of frauds for such transactions. "I analyzed that ... I don't believe that [non-signing] creates latitude," Waterman said, recommending the mayor carry out the conveyance as planned.

An elected official who spoke at the meeting expressed concern about the price and the sale terms, saying the parcel is roughly 20 acres and the agreed price amounted to about $22,000 per acre. The official said they would sign the deed at the meeting but that they were unhappy to be required to do so. "I'm being forced to sell this land at less than 500,000 ... at $22,000 an acre," the official said, and added they would scrutinize future development agreements to protect taxpayers.

Waterman described the city's legal position as constrained by the written agreement and recommended proceeding with the conveyance to avoid liability. The council did not take new formal action beyond that legal briefing at the meeting.