CCR1985065RESOLUTION (165-85
(As Amended)
APPROVAL OF OFFER TO PURCHASE
LUDWIG/STRAMPE/KURTZE
(Kurtze Lane Drainage Project)
BE IT RESOLVED that the Common Council of the City of Muskego
hereby approves that the City make the attached Offer to
Purchase the property of David C. Ludwig and Judith M.Strampe,
Relocation Order, for the purchase price of $681.00, with
as tenants in common and Viola Kurtze as stated in the
Exhibit "X" as amended.
BE IT FURTHER RESOLVED that the City Attorney is authorized to
contact the appraiser as to this property to get an up-dated
appraisal and is further authorized to make a jurisdictional
offer for the appraised value if this offer is not accepted or
further negotiations are not successful in arriving at an
agreed price, terms and conditions of sale.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to sign any legal documents in the name of the City.
0
DATED THIS 9th DAY OF April , 1985.
FINANCE COMMITTEE
Ald. Edwin P. Dumke
Ald. Mitchel Penovich &&JL /"& Ald. Ralph TomczykO
ATTEST :
City Clerk
4/85
jm
VACANT LAND OFFER TO PURCHASE
Muskego ...... ,Wisconsin. . Apx i 1. 9. . ........ 1965.
The undersigned Buyer, . .CITY, .QF. ."JSK%Q. .. ... ..............
hereby omen m purchase mwnpamwax ..an ,e.+semen.t. .in. .ceF.tai.o. .pXQg.er.ty...
inthe City.. . of. ,NUS~~.~O, ...... ,County of ... N+.UkkeSha.. ........ Wisconsi
more particularty described as: ..$ee..at,fached ,e,+Se.mSQ.t.. ....... .... ........
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rtthepriceof ..Si.x,Hund.red .F.ish~y.~Pl~.e..an.?.,Nof.~.QO~-.-~---:~~---~-,--~.:-~.:----~-,---~~-.--
Dollarr(S 6.8.1..00.~.=~.:.) andonthetc~sandconditionsasloUmc:
EarnestmoneyofS, .~.~.0.Q.------tcnderedhcrewith.Additionaleamestmoneyof~~.~.O.~"~" .mnkc#x. _..
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chis o%r is (he re& ofa &brokerage. then all money paid berewith'shn'll be held in the selling broker's vust account until the acceptance 4
, and the balance in cash 01 closing or as hereafter ret fort
this ofTer and shall be transmined to the listing broker upon such acceptance.
v 18 l TIME .I.s ~F~mE.EsSENcE ADDiTloNAL E'ARNEST MONEY pAYM.EN.T; LEGAL possEss.~~oN, occ.upANcy; ANI
20 DATE OF CLOSING. (Strike those not a licable.) ?I THEBUYER'SOBLlGATlONTOCONE)~UDETHlSTRANSACTlONISCONDlTlONEDUPONTHECONSUMMATlONOFTHI
22 FOLLOWING:
23 (If this ofkr is subject 10 financing. percolation test. specific zoning or use, approval of recorded huilding and use restrictions and covenants, or an
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necessary to crpdite such hnancing.
Buyer agrees that unlers otherwise specfied, Buyer will pay all cos& of securing any financing lo the eatent permitted by law, and lo pzrlorm all acts
ADDITIONAL ITEMS INCLUDED IN SALE: . None ......... ...........
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ITEMS NOT INCLUDED IN SALE:' :~nne.. ..
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59 .. .. . ~ .at.t~~h~.d. C,a>jc!.mCn.t. 60 Seller shall. upon payment or the purchase price, convey &e propcny byhoPneray&u~%&m~am&hw~ cee and clear of all
61 liens and encumbrancer. eacepling: municipal and zoning ordinances, recorded ensernem for public utilities located adJacenl lo side and rear lot
62 liner. recorded building and use resrrictions and covenants. pcneral laaes levied in the year of closing and 63
64 Legal possession of property shall kc delivered to Buyer on date of closing.
bS It ir understood the pmpeny is now occupied by Owners
*b under (oral lease) (written lersel. which terms ve: .
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I Ls If this ofTer is accepted. it shall not hccome binding upon Buyer until a copy of accepted offer is deposited. postage prepaid, in the United sm~
rs al delivery thercc
-9 mails,addressedtoBuyerat cl.ty..Of. MU.Ske.gO, MU.sk.el30. ci.fy H!?l.!!. w182 .~~~ ~ s8200 . Racine A"e. I
!.O Mu.sk,egol .wisc.sn.s.in 5?.!?!. ..
flafpP, ..
, on or befo
, 19 .85. ,or a1 such other time and place as may be agreed in writing by Buyer and Sellc .May. 1
sr#erxsp~lx~mmrw)rscpt~w~xxx
I 6 s~~dr#~~~~:Ax~QW~~W~rnZ~~~~xx.
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9 kcnution: Refer IO wetlands regulations.)
eller warrants and represents IO Buyer that Seller has no notice or knowledge of my:
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!No (a)planned or commenced public improvement which may result in special assessments or otherwise materially aVect the property.
"I (b)go\,emment agency or coun order requiring repair. alteration or correction of any existing condition.
r, 2 EXCEPTIONS TO WARRANTIES AND REPRESENTATIONS STATED M LINES 86TO 91: none
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2. An owner s pol~cy of t~tlc Insurance In the amount of the full purchase nce namm Buyer as the insured, as Buyer's interest may apper
written by a responsihlc title insurance company licensed by the Stateof&sconsin. wkch policy shall guarantee Seller's title lobe in conditi,
called for by this apreement. except for mongages. judgments. or other liens which will be satisfied out of the proceeds of the sale.
commiunent by such a title company, agreeing to issue such a title policy upon the recording ofthe proper documents as agreed herein, shall I
deemed suflicient performance.
lfthis olTer provides for a land contract. the same evidence oftitle shall be furnished prior to the execution ofthe land contract. and Seller sh;
furnish written proof. at or hefore closing. that the total underlying indebtedness. if any. is not in excess ofthe proposed balance of the land contra,
and that thc a)mcnts on this land contract are suflicient to meet all ofthe obligations of Seller on the underlying indehtedness.
ShoullBuyer fail to carry out this agreement. all money paid hereunder, including any additional earnest money. shdl, at theoptlonof Sellt
be paid IO or retained by Seller as liquidated damages. If such money is held by Broker. Broker shall disburse such money as follows:
I To Buyer, if Seller has not notified Buyer and Broker in writing of Seller's election toconrider all money paid hereunder as liquidateddamag
2. ToSellerasliquidateddama~es.subjecttodeductionsofBroker'scommissionanddisbursemcnts,ifan~,ifneitherpanyha~commencedaI~
or psn payment for specific performance within 60 days of closing date set forth in this agreement. or;
suit on this matter within I20 dags of the closing date set forth in this agreement.
Should Seller be unable to carry out this agreement by reason ofa valid legal defect in title which Buyer is unwillingto waive, all man,
paid hereunder shall be returned to Buyer forthwith. and this contract shall be void.
SPECIALPROVISIONS: Seller shall remain responsible for all I iabilities which
ar.e. the, re.seosslkilltY of, the owner !?E the..fe. ti.tle such as.pE"E"tY tax, special. asS.es.Sl?e,r!ts., .etc! ......
See attached Exhibit "X" 1.o.r .AddIt~.ona~l,~P,~ov~s,jon,s,., .. . ..
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Buyer has read. fully understands and acknowledges receipt ora copy oithis olTer to purchase. BUYERIS ADVISEDTHAT BROKE HAS AN AGENCY RELATIONSHIP WITH SELLER.
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CITY OF MUSKEG0
By : By:
Wayne G. Salentine, Mayor (Buyer) Charlotte L. Stewart, Clerk (BUY1
CLOSING OF THIS TRANSACTION. THE UNDERSIGNED HEREBY AGREES TO SELL AND CONVEY THE ABOV THIS OFFER IS HEREBY ACCEPTED. THE WARRANTIES AND REPRESENTATIONS MADE HEREIN SURVIVE Tb
hlENTIONEDPROPERTYONTHETERMSANDCONDlTlONSASSETFORTHANDACKNOWLEDGESRECElPTOFACOI OF THIS AGREEMENT,
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(Sell
~~..~ (If Seller is married. S~~USC should sip.) ' (Sell
14s'. EARNEXMONEY RECEIPT
150 \.,.
149 \ Earnest money in Ihc amount of S in form of .
151 Y.. ...
received from ..
I52 xcount'in. Wisconsin. or transmit &e same in accordance with the terms of the above oKer.
. The undersigned hereby agrees IO hold same in an authorized real estate 11
As Amended
EXHIBIT "X"
ADDITIONAL PROVISIONS
0
1. If the proposed road reconstruction and storm drainage
project for Kurtze Lane does proceed, the proposed low
point in grade approximately 425 feet east of Woods Road as
shown on Exhibit 'A" which is attached hereto and made a
part hereof, shall be drained by storm sewer, culvert, open
ditch and/or any other similar means the City deems
appropriate to an existing drainage outlet that drains into
Bass Bay and Big Huskego Lake.
2. If the City specially assesses the Ludwig-Strampe property
for the Kurtze Lane road reconstruction and storm drainage
project, and sewer project, the City shall make three
Exhibit "B" which is attached hereto and nade a part
separate assessments in the general areas as divided on
hereof, and they are further described as follows:
A. The frontage along the south line of Kurtze Lane.
C. The frontage along the east line of Kurtze Lane which
B. The frontage along the west line of Kurtze Lane.
includes the frontage along and around Kurtze Court.
That said assessments as made would be deferred in
71 (As Amended) adopted 2/9/71.
accordance with City policy established in Resolution 1119-
The City will grant an indefinite deferment to any special
assessment for future improvements on the subject premises
for road purposes. Such deferment shall provide for its
payment in full in accordance with City policies only when
the premises are involved by the construction of a
residence or significant building.
3. Surplus excavated material from the drainage ditch to be
constructed within the easement which is generally outlined
hereof, shall be leveled off in the immediate area of the
in Exhibit "C" which is attached hereto and made a part
easement.
4. Any excess fill beyond contractual requirements of road
construction and drainage construction will be available at
David Ludwig's request with Building Inspector's approval
of fill areas, but only during the period of road and storm
drainage construction. At the end of said construction period,
deems fit.
the City reserves the right to use the fill in any manner it
RESOLUTION 1\65-85
APPROVAL, OF OFFER TO PURCHASE ,,
(Kurtze Lane Drainage Project).?
LUDWIG/STRAMPE/KURTZE
J'
.I
BE IT RESOLVED that the Common Council of/<the City of Muskego
hereby approves that the City make the gftached Offer to
Purchase the property of David C. Ludwcg and Judith M.Strampe,
as tenants in common and Viola Kurtze//as stated in the
Relocation Order, for the purchase &ice of $681.00.
BE IT FURTHER RESOLVED that the C,kty Attorney is authorized to
contact the appraiser as to this,y'property to get an up-dated
appraisal and is further authoqlzed to make a jurisdictional
offer for the appraised valuezf this offer is not accepted or
further negotiations are not,/successful 1 in arriving at an
1 Y
agreed price, terms and itions of sale.
BE IT FURTHER RESOLVED the Mayor and Clerk are authorized
to sign any legal in the name of the City.
/
1 Ald. Edwin P. Dumke
ATTEST : /
City Clerk /
Ald. Mitchel Penovich
Ald. Ralph Tomczyk
EXHIBIT "X"
ADDITIONAL PROVISIONS
part hereof, shall be drained by stor
ditch andfor any other similar means
appropriate to an existing drainage
Bass Bay and Big Muskego Lake.
2. If the City specially assesses
for the Rurtze Lane road recons
hereof, and they are furthe
B. The frontage along west line of Kurtze Lane. east line of Kurtze Lane which
assessment for
11 be leveled off in the immediate area of the