CCR1983168RESOLUTION #168-83
AUTHORIZING THE PURCHASE OF A PARCEL OF LAND
FOR PARK PURPOSES (HAUT PROPERTY)
(Lake Meadows Park)
BE IT RESOLVED that the Common Council of the City
of Muskego, upon the recommendation of the Finance
Committee, does hereby approve the City's purchase of
the Roland and Dorothy Haut property as stated in the
attached documents, and that the Mayor and Clerk are
authorized to sign any legal documents in the name of
the City.
DATED THIS 1{k$ DAY OF 0, ~IMA , 1983.
FINANCE COMMITTEE
Ald. Edwin P. Dumke
Ald. Mitchel Penovich
CLLA c\L Ald. Charles Colburn
ATTEST :
City Clerk
COUNTER-OFFER
I6 Seller agrees to sei1 and convey the above ppeny on the terms and conditions as set forth in said offer and this Counter-Offer and
lY This Counler-Offer must be accepted on or before J.We. 2.l.t. .1.9@dd it shall not become binding upon Seller until a copy of the
17 acknowledges receipt of a copy of this agreement The warranties and representations made in said offer and this Counter-Offer survive the closing of
1H this transaction.
20 accepted Counter-OfTer is deposited. postage prepad. in the United States mails, addressed to Seller or Seller's agent at
21 .w2~.6. ,s.108.8?, .~CrQYbaF: .pEi.Ve ,_ Big .Bend,. .~iS.CQo.Sin. .5.3103 . or by personal delivery thereof
to Seller or Seller's agent.
Dated: J!.!!?. .14.# .1.?8!.
The above Counter-Mer is hereby accepted. (or) ..... ..
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.........
..... .. ... .. ...
15 Dated:
Wi
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17
39 Buyer's above Countcr-Ofkr is hereby uce@.
40 Dated ... ......
41
42
43
...
.. ...... (Seller)
(Seller)
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44 THIS COUNTER-OFFER SHOULD BE ATTACHED TO THE OFFER TO PURCH.+SE.
DOCUMENT NO. '1 STATE UAR OF WlSCONSIN FORM 11-1982 II LAND CONTRACT
Contract. by and betwerm ..R R~NIEJ.P .. !~A~.T .. .ar?d. ..Do Ro.THy...
........... HAUT 1 .................................................................................................... Husband and Wife
..............
...................................
("Vendor",
whether one or more) nnd...~I.T~...~€...M.~.SK.E.Go
.................................................................................................................
.......................................................... ("Purchaser". whether one or more).
4,
~ Vendor sells and agrees b convey to Purchaser, upon the prompt and full per-
formance of thia contract by Purchaser. the following property, together with the reenla. protila, Uxtures and other appurtenant lnteresb (all called the "Property").
, 111 ...................... !iW.k~.~ha .......................... County, state of Wisconsin:
1'
!
I lj
"-11 , The South 1/2 of the Southeast 1/4 of the 11
' Northeast 1/4 of Section 31, Town 5 North,
: Range 20 East, City of Muskego, County of
' Waukesha, State of Wisconsin. T= Parcel NO. ?.282.:.994
I
-___
... ............
~ See attached Rider containing additional terms.
I Tbir ....... i.s..not ....... homestead property. I fhr) (is not) W216 S10884 Crowbar Drive
Purchaser a ees to urchase the Property and to pay to Vendor at .B.. .. B...a. ...ii.s..............5.. ... 3 I the sum of ~..9~.1.h*.Q.6 ................................... in the following manner: (a) &5.O.R ... 00 .............................
! at the urution of this Contract; and (b) the balance of $ ... 85,.50.a, an.............., together with interest from date
~ bard on the bdunce outntnndins frpm time to time at the rata of ........ 9.B ............................ per cent pcr annum
i untU pdd in full. u fouowl: seml-annual payments of $4,500.00 principal, plus
~ accrued interest, commencing six months after the date of the execution
' Of this Contract and continuing thereafter until paid in full.
1:
I1
,
I Purchaser agrees to pay the coat of future title evidence. If title evidence in in the form of an abstract, it shall I be retained by Vendor until the full purchase price Is paid.
.
1' :r:J ,,. i; :,.. .. ,,, ... .,y):..:; <! ,,,, .:i ;,:Lxc!, . .... .C. I;<,.,; ,; lwis:(l (w L!>c i'j-j~~!? CI ,I~W \, . .'.I i:>.,prr,:,t
il: it :>>!.I :.J I: .;:.:,:r IC .:.~-,CI:I~ ,>;> c~i:p.: .;,,I !cy\pt3 :.I:> .: !:,,c~I j.;iy,nc:tt,
tcndcd covernge perils and such other hazards as Vendor mny require, without eo-insurance, through insurers approvsd Purchaser shall kwp lhe improvemen:.? on lhe i'rolrcrly insured alpinst loss or damage DCCasioned by fire, ex.
by Vendor, in the sum of $...I).,.o.o ................ ................, but Vcndor shall not raquire coverage in an amount more than the bnlance owed under this Contract. Purchaser shall pay the insurance premiums when due. The policies shnll
contain the standard clause In favor of the Vcndor's interest and, unless Vendor otherwise agrees in writing, the oriplnd of all policies covering the Property shall he dcposited with Vcndor. Purchnser shall promptly give notice of 1;;s to insurance companies nnd Vendor. Unless Purchnncr nnd Vendor otherwise =,Cree in writing, im~~rsnce procewls shall he npplicd to rcstoration or repair of the Property dnmaerd, providcd the Vendor deems tho restoration or repair to be econonlicnlly fensible.
Purchnser covcnnnta not ta co!nn~it wnsle nor nllow wnrto to ha comnllttcd on the Property, LO keep the Proparty In good tenantnble condition nnd rcpnir, to keep the Property free from liens superior to the llen of thin Contract, nnd to conlply with nll laws, ordinances nnd regulntions afleeting the Property.
shall he fully performed at th.3 tinled and in the manner above specified, \'cndar will demand, execute and deliver to
Vendor agrees that in cnse the purchase price with intcrest and other moneys ahdl be fully paid and all conditions
the Purchaser. a Warranty Deed, in fee ample. of the Property. free and clcar or all liens and encumbranen, except
any liens or encumbrances created by the act or dsfault of Purchaser, and except: ..m U.niC.i~.a ~... an.d ..zoning a .o.rdinanc.es .,... r.~~:orde:d...eaS~.ment.s. .f.o~...~~.b.l~.c..u.ti.li.t.i~.s..~.o.c.a~~~...~d~~.C.~~.~... .~o..sid~:...and..r~:ar...~~~...lin.s,...rero.rdod...bui.~d.i.~g...~nd...~a.e..r.~~.~r.i.~.t~~)r~..~.nd.
.co~. enan.t.s, ... ge~~.~a~...f.axes...le~!i.e.d..i~....the.~.yea~...~.f..c.lo.si~g...an.d...s.u~.$.~~u~~~.
.. y.ear.s ... and ..r~.s.~~. i~.t.ion ..a nd ... s,i.gh.t .s... co~.ta.in,e.d ... in ... fh.e ... Ri.der. ..a.t~aCh~.d..hereto.
Purchaser agrees that time is of the essence and (a) In the event of a default in the payment of any principal or
interest which continues for a perlud of .. 3a.. days following thp specified dw date or (h) in the event of a default in
thercof by Vendor (delivered pcrsonnlly or mailed by certified mail), then tlto entire outstanding balunce under this contract performance of'any other obliRntion of Purchaser which continues for a period of .bo..... days following wrltten notice
shall become inlmPrliately due and payable in full, at Vcndor's option and without notice (which Purchaser hereby
wnlves), and Vcndor shrill alao have the followlnu rlghta and rcmedlos (nlbjcct to any Ilmltntlonn provided by law) In
nddition to those provlded by Inw or in cquily: (I) Vcndor may, at hla o ltlon, lcrmlnnta thls Contrnct nnd Purchmer'a rights, title and lnterest in the Property and recover the Property had through strict foreclosure with any equity of redcnlption to be conditioned upon Purchnser's full paynlent of the entire outstanding balnnee, with interestthereonfrom
paid by Purchaser shall be forefeitcd ns liquidated dnmnges for fnilurc to fulfill this Contract and as rental for the
the dnte of default at tllc rate in cflcct on SUCII datenndothernmounts~uehereunder(in~~hicheventall amountspreviously
Property if purchaser fails to redeem): or (ii) Vendor may sue for specific performance of this Contract to compel immediate and full payment of the entire outstanding halnnce. with interest thereon at the rnte in effect on the date of default and other amounts due hereunder, in which event tho Property shall be auctioned at judicial sale nnd Purchaser 6hnll be liable for any deficiency: or (iii) Vcndor mny nue at law for the entire unpnid purchase price or any portion thereof: or (iv) Vendor may dedare this Contract at an end nnd remove this Cortractasaeloud on title in a quiet-title action if the equitable interest of Purchaser is insignificnnt; and (v) Vendor may have Purchaser ejected from possession a of the Property and have a receiver appointed to collect any rents. issues or profits during the pendency of any action under (i). (ii) or (iv) ahove.Notwithstnnding any oral or written statements or actions of Vendor, an election of Rny of the foregoing remedies shall only be binding upon Vendor if and when pursued in litigation and all costs and expenses including reasonable attorneys fees ol Vendor incurred to enforwnny remedy hereunder (whether abated or not) to the extent not prohibited by law and expenses of title evidence shall he added to principal and paid by Purchaser, ns in- curred, and shall be included in nny judgment.
Upon the commencement or during the pendency of any action of foreclosure of this Contract. Purchaser consents
the Property durlng the pendency of such action, and such rents. issues. and profits when so collected shall be held and to the appointmant of a receiver of the Property, including homestead interest, to collect the rents, issues, and profits of
applled as the court Jhall direct.
Purchaser shall not transfer. sell or convey nny legnl or equitable interest in the Property (by assignment of any of Furchaser's rights under this Contract or by option. long-term lease or in nny other way) without the prior written consent of Vendor unless either the outstanding balance pnynble under this Contract is first paid in full or the interesl conveyed is a pledpe or assignment of Purehascr's intcrcst under this Contract solei1 as security for an indebtedness of
balance payable under this Contract shall become immediatclydue and payahle in full, at Vendor's option without notice.
Purchnser. In the event of any Yuch transfer, salc or conrcyance without Vendor's written consent. the entire outstanding
Vendor shnll mnke all pn:ments when due under an? rnortwge outstandinc against the Property on the dnte of this Contrnct (except for any mortgage granted by Purchaser) or under any note secured thereby, provided Purchaser makes timely payment of the amounts thcn dun under this Contract. Purchnser may mnke any such payments directly to the Mortnaxee if Vendor falls to do so md nll pnynlents so mnde hy Purchaser shall be considered payments made on this Contract.
Vendor may waive nny default without wtiving nny other subsequent or prior default of Purchnaer.
All twms of this Contract shnll he hinding upon and inllre to the hcneflb Of the helm legal re remntatira. ~uccessors and ami s of Vendor md Purchnser. (If not an owner of the Property the spouse D/ Vendor &r n ralunble consideration joins Rrein to release homestead rights In the suhjeet Property and agrees to join In the execution of the deed to be made in fulfillment hereof.)
Dated this .............................. day of .......
... ...... ........ (SEAL)
... ~. ... .. ..
........................... ................. ..(SEAL)
.................................................
AUTHENTICATION
.Slgnature(s) ...........................................................
................................................................................
authenticated this __.____.day of ..................... ....., 19 ......
...............................................................................
............................................................................
TITLE: MEMBER STATE BAR OF WYISCONSIN
............................................................ authorized by 5 '70C.06. Wis. Stnts.) (If not,
THIS INSTRUMENT WAS DRAFTED BY
..Richard ... R ..... Kobr.ig.e.X:,. .JX, ................
.................................................................
(Sicnnturr way be nulhrnlicntcd or nrknowled,-ed. nnth
nre not ncccssnr?..)
........... ................................ (SEAL)
...... ....... .. ... ".
.......................... ....... ....... (SEAL)
.. ...........................................
ACRNOWLBDOMmNT
STATE OF WISCONSIN 1
...................................... County.
Personnlly came before me this ................ day of
. .......................................... 19 ........ the above named
................................................................................
................................................................................
...............................................................................
to me known to he the person _____ ._____ who executed the
foreroinx instrument nnd acknowledge the snme.
...................................................................... . ..........................................................................
Nntnry Public ................................ ~~..Connty. Wi3.
My Comlnicsion is prnnnnent. (If not, state Pxpirntion
dnte: __ ........................ ...._......, 13. ..)
RIDER TO LAND CONTRACT
e Rider to Land Contract, by and between ROLAND HAUT
and DOROTHY HAUT, Husband and Wife, (Vendor) and CITY OF MUSKEGO,
-4 (Purchaser), dated the day of , 1983. -
1. Purchaser covenants and agrees that it will not
make any changes in the grade of the property which is in any
manner incompatible or detrimental to the grade of the Vendor's
property known as:
Number thirty-one (31) and also the east
Lot of fraction number Two (2) of Section
of the Southwest quarter of said section
fourteen (14) acres of the Northwest quarter
number thirty-one (31) in Township Number
five (5) north of Range Number twenty (20)
east. Also the South half of the southeast
quarter of the Northwest quarter of said
section nwnber thirty-one (31) in Township
Number five (5) North of Range number twenty
(20) east, in the Town of Muskego, Waukesha
County, Wisconsin.
2. The Vendor hereby expressly reserve to themselves,
Herman Haut and Irv Haut, their heirs, executors, administrators,
personal representatives, and assigns, the right to the free and
unrestricted drainage of Vendors' property known as:
Lot of fraction number Two (2) of Section
Number thirty-one (31) and also the east
fourteen (14) acres of the Northwest
quarter of the Southwest quarter of said section number thirty-one (31) in Township
Number five (5) north of Range Number twenty
(20) east. Also the South half of the
southeast quarter of the Northwest quarter
of said section number thirty-one (31) in
Township Number five (5) North of Range
number twenty (20) east, in the Town of
Muskego, Waukesha County, Wisconsin.
and property now owned by Herman and Irv Haut known as the NE 1/4
of the NW 1/4 of Section 31, Township 5 North, Range 20 East, also b the South 20 acres of the North 6.0 acres of the E' 1/2 of the NW 1/4,
in the Town of Muskego, Waukesha County, Wisconsin. Said right of
e
t
drainage shall be by means of the drain tile as now established
on the property and as maintained from time to time by Vendors a
and/or Herman Haut and/or Irv Haut, their heirs, executors,
administrators, personal representatives, and assigns.
3. Vendor shall in no manner be responsible for the
cost of construction or maintenance of any fencing Purchaser
shall desire to erect on the property.
4. The covenants, agreements and rights contained
in paragraphs 1, 2 and 3 of this Rider to Land Contract shall run
with the land and shall be binding upon and shall inure to the
benefit of the parties hereto, their heirs, successors, or assigns.
a