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CCR1981030RESOLUTION 1130-81 APPROVAL OF OFFER TO PURCHASE A PORTION OF THE KURTH PROPERTY NECESSARY FOR THE TESS CORNERS DRAINAGE PROJECT WHEREAS, the Common Council of the City of Muskego has approved the construction of a project known as the Tess Comers Drainage Project, and WHEREAS, it is necessary to acquire certain properties from the Henry Kurth Estate in order that the project can commence, and WHEREAS, qegotiations have been completed, and WHEREAS, the Finance Committee and the Public Works Committee has recommend acquisition of the property THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Public Works Committee and the Finance Committee, does hereby approve of the offer to purchase the lands described as Exhibit "A" for $30,800.00 as indicated on the attached Offer to Purchase. BE IT FURTHER RESOLVED the Mayor and City Clerk are authorized to execute the necessary documents in the name of the city. e DATED THIS DAY OF 1981 PUBLIC WORKS COMMITTEE FINANCE COMMITTEE i f. Ald. Edwin ATTEST a City Clerk 3/81 OFFER DESC PTlON e, ,:' 'L .. PRICE TERMS CONTINGENT CONDITIONS SECURING :. -, , 111 MORTGAGE CONTRACT 2nd4rAGE LA SALE OF OTHER PROPERTY MORTGAGEE'S CONSENT TO SALE OF MORTGAGED PROPERTY SUBJECT TO REZONING SUBJECT TO INSPECTION SUBJECTTO APPROVAL BY FHA IF CONTINGENT UPON CON- STRUCTION STATE AGREEMENTS0 AOOITIONAL SPECIAL CONDITIONS COST OF BUYER PAYS FINANCING EXTRAS INCLUDE0 ADJUSTMENTS TAXES SPECIAL ASSESSMENTS EVIDENCE OF TITLE OWNER'S POLICY ... .- " . -. The undersigned Buyer, '- ,Wisconsin. " ,19 L iereby offen to purchase the properly known as SPe 1 desc s attached he"rn&ca city of MUS1CP~O ,,the City ,...' Of .Piuskeeo , counW of Waulcesha marked Exhibit4A" ant3-B" .. part hereof. and marked Exhibi%" and ~k%%(*WAddres) - - -- - , ...... . I .~ ., L,, I. 1,z. ... rlPsr .. ..-.Wisconsin . more particularly jescribedar: SPP 1 PP ~d hereto made a nart herenf.d .. .. ~ Earnest Money in cash-dbJ Tendered herewith """""""""""""""""- ($1. on - - - - - - - ) :Wt4Cd"kXSX 18- I 01WMXtD33WXXJXMX6tWXX l end the balance in cash at closing or as hereafter ret forth. THE FOLLOWING: THE BUYER'S OBLIGATION TO CONCLUDE THIS TRANSACTION IS CONDITIONED UPON :I.' Ilf this offer is subject to financing or the sale of other property it must be so stated here. If none SO state.) , n. .. ... ... h .I c, .. .. ... .. .. .......... ,. ... I. 9. ~. . F Q' / .. I- .... ... ... ... .. 0, #* . .~ ... ... ... fi - T " b" . .~ ., I /. IC I .. .~ . .~ -. .. .... .. Buyer agrees that. unless otherwise specified. he will pay all costs of securing any financing to the extent permitted by law. and to perform all acts necessary to expedite such financing. Included in the purchase price are: .. ,> latrbl IExceptl: . ., General taxer for the Year of closing shall be prorated at the date of closing inclusive of raid date on the .bak of the general taxer far. the precedicg year. If properly has not been previously arrerred, tax proration shall be on the basis of .... .. .. 8 estimated aonual tax. Special airesrmentr. if any, far.work on site actually commenced prior'to date of ihir dfler, shall be paid by Seller. Special ariessments, if any. for work on site actually commenced after date of this offer. shall be paid by Buyer. ICoution: - If area assessments are involved, make special agreement.) Special Conditions:- THE SELLER SHALL, UPON PAYMENT OF THE PIJRCHASE PRICE, CONVEY THE PROPERTY BY GOOD AN0 SUFFICIENT WARRANTY DEED, OR OTHER CONVEYANCE PROVIDED HEREIN, FREE AND CLEAR OF ALL LIENS AND ENCUMBERANCES. EXCEPTING: Municipal and Zoning Ordinances and Recordcd Easements for Public Utititics: Recorded Buildjng Restrictions; and none. 2. An owner's policy of title insurance m the arnwnt of S 30 . ma. naming the Buyer as the assured. m his interest may appear, written by a rerponrible title insurance company lic&sed by the State 01 Wisconsin. which policy rhdl guarmtce the Seller's title to be in the condition called for by this agreement. A commitment by such a title company. agreeing to issue such a title policy upon the recording of the proper dmxumenn as agreed herein. Ihall be deemed sufficient performance. 'of the costs of said title evidence that is attributable to the property described on Extibit "R". Tho title evidence shall be $2 below. - IAN0 CONTRACT POSSESSION OCCUPANCY WASE &E .~ APPLICATION c FUNDS TO RCHASE DELIVEilY OF ACCEPTED OFFER CLOSING PLACEOF SALE WHO RETAINS FUNDS WHORETAINS CO.BROKERAGI FUNOSIN ARRANGEMEN1 EW Do ad, Srller,, Default on Fa>lun of Tltk SELLER'S WARRANTY PLANNED PUBLIC IMPROVEMENTI SPECIAL ASSESSMENTS SUBSOlL CONOlTlONS OTHERS IF ZONING 15 CONOITIOV OF SALE SO STATE WATCH FOR NONCONFORM. ING USE e SIGNATURE BUYER'S COPY oi Orr-. RECEIPTF??cc a- CEIPT FOR * Lws 'EPTANCE COPY OF AGREEMENT BROKER'S RECEIPT e .. f... . .. .. . .~ .. ................ ., ,. ............ .~ .................... .. . . ~. ._ -All money paic hereo'n shall be applied.as part payment'on the puichare price if this offer is eccepied on br before ' ' Phruarv. 7 I March 1 $~, 1981 .. " ,19 8 1 ;otherwise, to be returned tp the undersigned Buver no later than -. .~ : ' and this offer shall bmome null and void. " " .I .I ,. " If'this ofler is accepted. if rhail not become binding upon the Buyer until copy of accepted of!% is dep~lil~d,porrageprepaid. in the United States Mails. addressed to the Buyer it f! i t v f MI I 9 rm f!1 tv Hal 1 The transaction is to be closed at the oflice of ~~ <ha -1R7 or at office of Buyer's mortgagee. if any. on or before Marrh 15 . 19 81 ,or at such other time and place DI may be designated in writing by the parties hereto. Hlmmdn~~N~xm~~M B(mxMmNMxmmw€m""~ XXXXXXXXXXXXX rn :Gi XXXXXXXXXXXXXXXXXXXXXXXXX :rXMWKQt~CiaK€b~XX H~61SU(I)UXMKLW~X~~~~~~nPAIK~~~WXiWLBL)(. :~~rX'X~~KIOP~~~~~~~~~~X~~~~~~~~~~~~~~~~*~~~~~~~X :-RPOWUX ~~~K~~w)~~~Y~x~~~K~~~~~~~~~~~~~~~~~~~~~~~~~~~x . Should the undersigned Buyer fail to carry out this agreement. all money paid hereunder shall. at the option of the Seller, be forfeited ar liquidated damages and shall be paid to or retained by the Seller, XIWIKK~~#IDS~SI~~~~m~.~~~~~~X .. .~ ~ - :~poxbtrpplXX Should the Seller be unable to carry out this agreement by rearon of a valid legal defect in title which the Buyer i? unwilling to waive, all money paid hereunder shall be returned to the Buyer lonhwith, and this contract shall be void. I ,. By acceptance of this offer the Seller warrann and represents: .. -. 1. That the Seller has CQ lete aukritv to d.&pos~ of the property as set forth in this agrezent. 2. That said property is not subject to any lease o nor will it be at the time of sale. r similar encumbrance 3. That the City of Muskego has furnished to the Seller a leea: description of the rema-ininp prooertp owned by the Seller north a east of the mncbduwhlch is s h-0 the Sp116r. nd __ tips aurPp that thp Citv af 'eectthF!r who is to construct a detention pbnd omaid property and o dltrhes nn a Wofooronertv to dump anv dirt th leftover nnto the r aL"- Rtlrth Prtv ae h~ as L .. entitv or-ncy- The warrenty and representation made herein survive the closingof this transaction. receim 01 a CODY of raid offer. The undersigned Buyer has read and fully understands and hereby makes the foregoing Offer to Purchase and acknowledge CITY OF MUSKEG0 ., By : 12. Jerome J. Gottfried, Mayor (Buyer) BY : .- Charlotte Stewart, Clerk IBuyer) terms and conditions as ret forth and acknowledges receipt of a copy of this agreement. The above offer is hereby accepted. The undersigned hereby agrees to sell and convey the above mentioned property On the .. <. . ~ .. .. .. (If Seller is married. wife should Sign'ISeiler) ISellerl EARNESTMONEY RECEIPT Received of ~. .. .. .. -Dollarr. The undersigned hereby agreor to hold same in h,ir authorized Real Estate Trust Account in , . Bankin , ,Wisconsin. or van. tmit the same in accordance with thc terms of ths abow otter. All that part of the Northeast k of Section 2, Town Waukesha, State of Wisconsin, bounded and described 5 North, Range 20 East, City of Muskego, County of as follows: Commencing at the center of Section 2; thence North 370.00 feet to the place of beginning of the parcel 1' 06' 56" West along the North k line of said~Section, of land hereinafter described; thence continuing North 1' 06' 56" Vest, along said Section line, 485.00 feet; thence North 88O 53' 04" East. 120.00 feet: thence South 59O 10' East, 560.00 feet; thence SoGth 13O 51' 18" East, 311.91 feet; thence South 70° 47' 33" West, 40.00 feetithence South 26O 29' 29" East. 110.50 feet; North 59O 00' West, 270.00 feet; thence North 74O 30' thence North 890 34' 36" blest, 178.27 feet; thence West, 278.00 feet to a point on the North k line of Section 2 and the place of beginning. and A 110 foot wide permanent easement for a storm drainage and water course system, located in part' of the Northeast % of Section 2, Township 5 North, Range 20 East, City of Muskego, County of Waukesha, State of Wisconsin, lying Easterly, parallel and adjacent to the following descrlbed reference line: North lo 06' 56" West, 820.00 feet to the place of Commencing at the center of said Section 2; thence beginning; thence continuing North 01' 06' 56" West, 255.00 feet to end of said reference line, being the Westerly 110 feet of the Northerly 255 feet of the property. All that part of the Northeast ?i of Section 2, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Be inning at the center of Section 2; thence North 87 8 41' 18" East along the East ?i Section line of West, 3.17 feet; thence North 630 30' 31" East, Section 2, 496.17 feet; thence North 32O 59' 11" 216.97 feet; thence North 260 29' 29" West, 40.00 feet; thence North 89O 34' 36" West, 178.27 feet; thence North 59O 00' West, 270.00 feet; thence North 74O 30" West, 278.00 feet; thence South lo 06' 56" East, along the North ?i Section line of Section 2, 370.00 feet to the-place of beginning. EXCEPTING THEREFROM land conveyed from Henry Kurth to Thomas R. and.Diane L. Ciula as found in a quit claim deed dated October 27, 1977 and recorded with the Waukesha County Register of Deeds on Reel 270, Image 1036 as Document No. 1023529 containing approximately .01 acres. Containing 3.47 acres.