CCR1995059COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #59-95
RESOLUTION AS TO OFFER TO PURCHASE
EASEMENT
(Racine Avenue/Hydrant Relocation)
Green Clover Limited Partnership
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Finance Committee, does hereby
authorize execution of the attached Offer to Purchase for zero
easement for the Hydrant Relocation at Racine Avenue for the
dollars and necessary closing documents for permanent water main
property owned by Green Clover Limited Partnership.
DATED THIS 28TH DAY OF MARCH , 1995.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #59-95 which was adopted by the Common Council of the
3/95 jmb
15. ~ ~~ ~..
16: Failure of Buyer to make earnest money payments as provided vuids offer at Seller's option. Earnest money, if held by broker,
.~ .. ~~ ..~~ ~~ and the balance in cash at closing.
17 shall be held in selling broker's trust account prior to acceptance of offer and thereafter in lisling broker's trust account or until
18 applied to the purchase pricc at closing or dishursed as provided herein or permitled by law. 19 TIME ISOFTHE ESSENCEASI'O: ~,ACCEPTANCE,LEGALPOSSESSION.
! 20 OCCUPANCY, DATE OF CLOSING AND AS TO ALL DATES INSERTED IN THIS OFFER EXCEPT: .None...
21, .........................................................................................................................
22 THE BUYERSOBIJCATION TO CONCLUDETHISTRANSACTION ISCONDITIONED UPON THE CONSUMMATION
I 24 (If this offer is subject to financiAg, survey, percolation test. specific zuning'ur use, approval of recorded building and use
23 OFTHE FOLLOWING:
25 restrictions and covenants, or any other contingency. it must be stated here. If none. so state.)
26 1, ....................................................... Seller and any other entities whose name appe,ars on,any.,of. the, a,tta.ched.documents,
27 executing .......... the original ..................... of the attached ......................................................... documents on or before closing including, but ' 28 ........................................................................................ not limited to, execution satisfactory to Chicago Title Insurance Cc'mpany ,.. ............. as more
clearly referenced in the attached easement form and any additional lienholders ..................................................................................... .. :@. ,executing. .admissions. .~f .service. .sirnil% to. tho.??. .?ttach?d.-.
:I 1
: 12
:XI
:I4
35
:I7
:16
:I8
:I9
40
41
42
43
44
45
46 .............
47 Buyer agrees that unless otherwise specified, Buyer will, in good'faith. pay all costs of securing any financing to the extent
48 permitted by law, and will perform all acls necessary to expedite such financing.
49 IncludedinLhepurchasepricearesuchofthefollowingitemsasmaybeonthepropertyonlhedateofthisolfer,whichwillbe sn delivered free and ciear of encumbrances: all fixtures: and all earden bulbs. dants. shrubs and trees.
51 ADDITIONAL ITEMS INCLUDED IN THE SALE: 'N.Ql?!Z-.
52 .... .. ..
53 .
54 ITEMS NOT INCLUDED IN THE SALE-:- None..
- .. .........
..
... ..
.. .....
.. ., .. .......
........... ................. ... easement
Seller shall, upon payment ofthe purchase price, convey the property by ,.
.. ~~
freeandclearofallliensandencumbrances,excepting: rnunicipalapdzoni~e~ordedeasementsfor.publlcutllltles
orotherconvey.anceprovid,ed herein,
59 serving the property, recording building and use restrictions and covenants. general taxes levied in the year of closmg XX&
60 ~.. ~~ ~~ ~~ '. ... .... , provided none of the foregoing prohibit presenl use.
61 andSellershallcompleteandexecutethedocumentsneccssaryturecurdLheconveyance.(WARN1NC:Recordudbuilding:andusu
62 restrictions and covenants can have material impact on the use.of or improvements to the property.)
63 Thisofferisbindin~uponbothpartiesonlyifacopyoftheacceptedu~ferisdeposiled,postageorfeesprepaid,intheU.S.mail
(i4 or :I commercial delivcry systcm. addressed to Uuycr at/
lis delivery of Lllc acccl~Lcd dfur 10 I1uyvr on or hefure
. :. or hy pcrwn:ll
Otherwise. this offer
is void and a11 earnesl muncy shall Iru promplly rctur~wd tu Iluycr.
on or lrefurc 30
This transaction is tu he closed at tllc office uf Buyer's mortgagee or at the office of City of Muskego .............
69
70 It is understood the property is now occupied by .ow"er ...
71 under (oral lease) (written lease), which tcrms arc: .!/a
72
I!lYZ ,, oral such other time and place as may Ile anreed in writing.
be delivered by Buyer on date of closing.
,. ..
73 Occupancy of ................. ............. the easement shall be given to Buyer on cios'ing ._
75 5
77 .... ~.~~ ................................... ..........
78
79
74
76
(Seller warrants)(-
Seller represents that the property is zoned .?S72.
Seller warrants and represents to Buyer that Seller has no noticc or knnwledgr of any:
1a)planned or commenced puhlic improvements which may result in special assessments or otherwise matcrinlly ;!ffcrt the
(1,)govcrnment agency or court dcr requiring repair, ;tltcratinn, or ct,rrct.tinn of any existing condition.
ic)shoreland or special land use regulations affecting the property.
(d)underground storage tanks and the presence nf any dancerous or toxic materials nr conditions affecting thr 1vwert.v.
' . ,. ,
:n~>plic;tl~lc).
1 (nunc,)- of the prr,p('rty is Ioc;ttt!<l in a wctl;ln<l (Strikt.
property.
EXCEPTIONS TO WARRANTIES AND REPRESENTATIONS STATE0 IN 1JNI.S 110 TO '311: N0P.e:.
...
100
137 .. ~~
1:]9 and inures to the henefit of the partics to this agrerment and their surwxm" in intcrcst.
1." ScllerandRuyera~reet~~acti~~g~~~~dfaith;~n~lus~riili~enceinc~~mplctingthrtrrn~snfthis:~greement.'~l~is;~greementl~inds
~~~
CITY OF MUSKEGO CITY OF MUSKEGO
141
I40 By,:,
David L. De Angelis, Mayor (H".Vd
BY 1 Jean K. ~Marenda, Clerk (Huyer)
1 ,XI l'his offer was dr;ifted hy tl.iwnsrt, and firm1
1.54 It was prrsented to Seller hy 1'1, :I1 "I.
I Hv
Pcmulent Water Main Easement
l a
City of Muskego
/dl thzt put of the Southeat one-quarter of the Southeast one-quarter of Section 8, Tom
5 Son& Fiange 20 Eat, City of Muskego, Waukesha County, Wisconsin, bounded and
descrioed as follows:
Commencing at the Southeast comer of said Section 8; thence North 88'58'34" Eat,
15.04 fect; thenc: Noah 38"02'50" West, 103.30 feet; thence North 3YlO'jl" West,
158.96 feet; thencz North jO"49'09' East, 50.00 feet to the East line of Racine Avenue,
C.T.H. 7'" and the Southwesterly comer of Parcel 4, CSM No. 7495; thence North
3Y10'5 1" West along the West line of said parcel 4,235.00 fect to the point of beginning;
thencc North W49'09' Easf 10.00 feet; thence North 39"10'51' West, 10.00 feet; thencc
South W49'09" Wesh 10.00 feet; thence South 3Y10'51' Easf 10.00 fect to the place of
be-hg, containiug 100 square feet, 0.0023 acres.
ADMISSION OF SERVICE
Due Service of a Copy of:
CERTIFICATE OF COMPENSATION & NOTICE OF
RIGX TO APPEAL THE AMOUNT OF COMPENSATION
PURSiiANT TO WISCONSIN STATUTES §32.06(2a)
Admittea this day of , 1995.
GREEN CLOVER LIMITED PARTNERSHIP
By :
General Partner
BY General Partner
ADXISSION OF SERViCE
Due Service of .z Copy of
CERTIFICATE OF COMPENSP-TION & NOTICE OF
RIGHT TO APPE>L TEE AMOUNT OF COMPENSATION
PURSUANT TO WISCOKSIN STATUTES §32.06(2a)
Admitted this dzy of , 1995
TRi CITY N?-TIONAL BANK
By :
By :
ADMISSION OF SERVICE
Due Service of a Copy of:
CERTIFICATE OF COMPENSATION & NOTICE OF
RIGHT TO APPEAL THE AMOUNT OF COMPENSATION
PURSUANT TO WISCONSIN STATUTES §32.06(22)
Admitted this day of , L995
U.S. SMALL BUSINESS ADMINiSTRF.TION
By:
By :
ADMISSION OF SERVICE
Due Service of a Copy of:
CERTIFICATE OF COMPENSATION & NOTICE OF
RIGHT TO APPEAL THE AMOUNT OF COMPENSATION
PURSUAKT TO WISCONSIN STATUTES §32.06(2a)
Admitted this day of , 1995
KENOSHA AREA DEVELOPMENT CORPORATION
By :
ADMISSION OF SERVICE
Due Service of a Copy of:
CERTIFICATE OF COMPENSATION & NOTICE OF
RIGHT TO APPEAL THE AMOUNT OF COMPENSATION
PURSUANT TO WISCONSIN STATUTES §32.06(2a)
Admitted this day of , 1995.
NORTH SHORE BANK
By:
i
PDMISSION OF SERVICE
Due Service of a Copy of:
CERTIFICATE OF COMPENSATION & NOTICE OF
RIGHT TO APPEAL, THE AMOUNT OF COMPENSATION
PURSUANT TO WISCONSIN STATUTES §32.06(2a)
Admitted this dzy of , 1995
ANCHORBANK. S.S.B
AMOUNT OF COMPENSATION PLRSUPrjT
NOTICE OF RIGHT TO APPEPL THZ
TO WISCONSIN STATUTE §32.06(26)
Any person named in the Certificate of Compensation, a copy
of which is attached hereto, may within six (6) months after the
date of recording of said Certificate, appeal from the amount of
compensation therein stated in the manner by filing a petition
with a Judge of the Circuit Court for Waukesha County, Wisconsin
for proceeding to determine the amount of just compensation in
accordance with Wisconsin Statute §32.06(7). For purposes of any
such appeal, the amount of compensation stated in the Certificate
shall be treated as the award and the date the conveyance is
recorded shall be treated as the date of taking and the date of
evaluation
Dated this day of , 1055.
CITY OF MUSKEG0
DAVID L. DE ANGELIS, Mayor
t JEAN K. MARENDA, Clerk
0
I
CERTIFICATE OF COMPENSATION
Pursuant to Wisconsin Statute §32.06(2a), this document
shall be recorded with the Waukesha County Register of Deeds,
Waukesha, Wisconsin.
That the City of Muskego has acquired an easement in the
property described below pursuant to S32.06 of the Wisconsin
Statutes.
1. The identity of all persons having an interest of
record in the property immediately prior to its conveyance is 2s
follows :
Green Clover Limited Partnership
Tri City National Bank
U.S. Small Business Administration
Kenosha Area Development Corporation
North Shore Bank
Anchorbank, S.S.B.
2. The legal description of the property in which a
permanent easement was acquired is as follows:
See Attached Legal Description Marked Exhibit "A"
3. The matter of the interest acquired and the
compensation for such acquisition is as follows:
easement for water main purposes.
The matter of the interest acquired is persanent
The amount of compensation is $0.00.
Dated this day of , 1995.
CITY OF MUSKEGO
DAVID L. DE ANGELIS, Mayor
ATTEST :
~~ ~
JEAN K. MARENDA, Clerk
This Instrument Was Drafted By:
Attorney Donald S. Molter, Jr.
720 N East Avenue, P 0. Box 1348
WEukesha, Wisconsin 53187-1348
PRENZ, MOLTER, MACY & RIFFLE, S.C.
(Any additional lienholders must be added to
Paragraph 1 above.)
Pc.mment Water Main Euenent
City of Muskego
All th2t part of the Southeut one-quarter of the Southe= one-!Mer of Section 8, ToGn
5 Sod, Range 20 EuC Ciry of Muskego, Waukeshe County, Wisconsin, bounded ad
descriued u follows:
Commencing at the Southern comer of said Section 8; thexe North 88'58'34" Eat,
15.04 feet; thenc? North 38'02'50- West, 103.30 feet; thence Nor& 39'10'51" West,
158.96 feet; thence North jo"49'09' Est, 50.00 feet to the Eat line of Rrcine Avenue,
C.T.H. "Y' and the Southwestcrly comer of Parcel 4, CSM No. 7495; thencz Xorh
39'10'51' West along the West line of said parcel4,235.00 fet to the point of begee. _I
hence North 50'49'09' ECi 10.00 fezt; thence Xorth 39'10'51' Wes; 10.00 feet; theace
South 50'49'09" West, 10.00 fezt; thence South 3YlO'jl- Ea; 10.00 feet to the piece of
be-eg, cont2injng 100 squzre feet, 0.0023 acres.
-
WAIVER OF APPRAISAL, RECOMMENDATION & APPROVAL
NOMINAL PAYMENT OR NO PAYMENT PARCEL
a Owner: Green Clover Limited Partnership
Acquisition of: See Attached Legal Description
Interest Acquired: Permanent Easement for Water Main Purposes
The undersigned owner of land designated as in the attached
legal description, containing approximately 0.0023 acres, agrees
to accept settlement in the amount of Zero Dollars as full
payment for the permanent easement stated, subject to the
approval of the City of Muskego
The undersigned owner has been fully informed of the right
to have the property appraised, and to receive just compensation
based upon an appraisal, has decided to waive the right to an
appraisal.
The undersigned owner further states that the decision to
waive such right to an appraisal was made without undue influence
or coercive action of any nature. 0 It is intended that the instrument of conveyance will be
executed upon presentation by the City of Muskego, agents or
representatives.
Dated this day of , 1995.
GREEN CLOVER LIMITED PARTNERSHIP
By :
General Partner
By :
General Partner
Pcmaent Water Mzin Evement
Ciry of Muskego
A.!l thet part of the Southevt one-qMer ofthe SouCts one-qE<er of Section 8, Town
5 %or&, Iianse 20 Eat, City of Muskego, TV2d&52 Couy, Wisco&i, bounded and
described 2s folIows:
Commencing at the Southevt comer of szid StcCcr 8; tkce Xor& 88'58'34" Eat,
15.04 feet; thence North 58"02'50" Wesi, 105,:O 2::; &cx: XorA ;9'10'51" West,
158.96 fect; thence Not& jo"49'09' Ea 50.00 2c: io fie E.s lioe of €kine Avenue,
C.T.H. '7"' and the Southes;erly cone: of Fzcel 4: CSbl Yo. 7495; hence North
39'10'5 1' West along the West line of s2ii ps-ccI 4,235.00 kc: to the point of beginning;
kencc North jo"49'09' Eat, 10.00 fed; thexc Xor5 ?9'10'51- West, 10.00 fect; thence
South jo"49'09" West, 10.00 fett; thence Sou& 3salo'5!- %$ 10.00 fct to the pIace of
beginning, containing 100 square feet, 0.0023 ECX.
-
>MOUNT OF COMPENSATION PURSUANT
WF.IirER OF APPEAL RIGHTS AS TO
TO WISCONSIN STATUTE §32.06
0 For valuable consideration, hereby acknowledged by rhe
undersigned, WE hereby waive any and all rights that we may have
to appeal the award of compensation made under Wisconsin Statute
532.06
Dated this day of , 1995.
GREEN CLOVER LIMITED PPRTXERSHIP
By :
GenerEl Pzrtner
By:
General ?artner
EASEMENT
THIS INDENTURE, made this day of , 1995,
by and between GREEN CLOVER LIMITED PARTNERSHIP, TRI CITY
NATIONAL BANK, U.S. SMALL BUSINESS ADMINISTRATION, KENOSHA AREA
DEVELOPMENT CORPORATION, NORTH SHORE BANK & ANCHORBANK, S S.B.,
(and the signature of any other lienholders as may be required by
the title company to clear Exception B-11, No. 20, of a certain
Title Commitment, No. 1045103, of Chicago Title Insurance
Company), hereinafter referred to as party of the first part,
and CITY OF MUSKEGO, located in Waukesha County, Wisconsin,
hereinafter referred to as party of the second part
WITNESSETH:
WHEREAS, the party of the first part, GREEN CLOVER LIMITED
PARTNERSHIP, owns a parcel of real estate, the party of the first
part, TRI CITY NATIONAL BANK, holds a mortgage on said real
estate, the party of the first part, U.S SMALL BUSINESS
ADMINISTRATION, holds a mortgage on said real estate, the party
of the first part, KENOSHA AREA DEVELOPMENT CORPORATION, holds an
interest in said real estate, the party of the first part, NORTH
SHORE BANK, holds an interest in said real estate and the party
of the first part, ANCHORBANK, S S.B., holds an interest in said
real estate located in the City of Muskego and described as
follows :
SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "1"
WHEREAS, party of the second part has requested from the
party of the first part a permanent easement for water main
3urposes including construction, repair, maintenance and
reconstruction of the water main.
NOW, THEREFORE, party of the first part, in consideration of
the sum of ONE DOLLAR and other good and valuable consideration,
the receipt whereof is hereby acknowledged and confessed, do
grant and convey unto the party of the second part, forever, a
permanent easement for water main purposes including
consEruction, repair, maintenance and reconstruction of the water
main in the City of Muskego, Waukesha County, Wisconsin, on, over
and in the following described real estate:
SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "2"
USE OF LAND
Party of the first part consents to the entry of the
employees, workmen, agents or independent contractors of party of
the second part for and incidental to the construction, repair,
maintenance and reconstruction of said water main, but reserve to
themselves the right to make such use of land included in said
easement, subject to the ordinances of the City of Muskego, the
regulations of the party of the second part, and the statutes of
the State of Wisconsin as will not disturb or interfere with such
water main or prevent ingress, or egress, thereto for the purpose
of construction, repair, maintenance and reconstruction thereof
The parties expressly acknowledge that the party of the
second part may allow others not parties to this easement to use
the easement for the purposes indicated above.
THIS INDENTURE, upon its acceptance by the party of the
first part, shall be binding upon and inure to the benefit of the
parties hereto, their respective heirs, successors and assigns.
IN WITNESS WHEREOF, party of the first part has executed
this indenture the day and year first above written.
THIS IS NOT HOMESTEAD PROPERTY.
GREEN CLOVER LIMITED PARTNERSHIP
By :
General Partner
STATE OF WISCONSIN
COUNTY OF WAUKESHA
By :
General Partner
)
)ss.
)
Personally came before me this day of , 1995,
the above paned and , as
General Partners of Green Clover Limited Partnership, to me known
-2-
I
to be the persons who executed the foregoing instrument and
acknowledged the same
NOTARY PUBLIC, STATE OF WI
My commission expires
TRI CITY NATIONAL BANK
By :
By :
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
)ss.
Personally came before me this - day of , 1995,
the above named and
es the and , respectively, of
TRI CITY NATIONAL BANK, to me known to be the persons who
executed the foregoing instrument and acknowledged the same.
NOTARY PUBLIC, STATE OF WI
My commission expires:
U.S. SMALL BUSINESS
ADMINISTRATION
By :
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
By :
)ss.
Personally came before me this day of , 1995,
the above named 2nd
as the and , respectively, of
-3-
U.S. SMALL BUSINESS ADMINISTRATION, to me known to be the persons
who executed the foregoing instrument and acknowledged the same. 0
NOTARY PUBLIC, STATE OF WI
My commission expires:
KENOSHA AREA DEVELOPMENT
CORPORATION
By :
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
) ss.
Personally came before me this - day of , 1995,
the above named and
as the and , respectively, of
KENOSHA AREA DEVELOPMENT CORPORATION, to me known to be the 0
persons who executed the foregoing instrument and acknowledged
the same
NOTARY PUBLIC, STATE OF WI
My commission expires:
STATE OF WISCONSIN
COUNTY OF WAUKESHA
NORTH SHORE BANK
By :
)
) ss
1
By :
Personally came before me this day of , 1995, -
the above named and
as the and , respectively, of 0 NORTH SHORE BANK, to me known to be the persons who executed the
foregoing instrument and acknowledged the same.
NOTARY PUBLIC, STATE OF WI
My commission expires:
ANCHORBANK, S . S . B .
STATE OF WISCONSIN
COUNTY OF WAUKESHA
)
) ss.
)
By :
Personally came before me this day of , 1995,
the above named
zs the and , respectively, of
ANCHORBANK, S.S.B., to me known to be the persons who executed
the foregoing instrument and acknowledged the same.
0
and
NOTARY PUBLIC, STATE OF WI
My commission expires:
THIS INSTRUMENT WAS DRAFTED BY:
Attorney Donald S. Molter, Jr.
720 N. East Avenue, P.O. Box 1348
ARENZ , MOLTER, MACY & RIFFLE, S . C .
Waukesha, Wisconsin 53187-1348
-5-
I i' I ii
Parcel 4 of Certified Survey Y2p No. 7495, recorded October 5. 1994 in Volume 64 of
Certified Survey Maps on pages 20. 21 and 22, as Document No. 1998422, being a
redivision of Certified Survey Map No. 1946 and lands in the SE 114 of the SE 1/4 of
Section 8 and the SW 114 of the SW 114 of Section 9. T 5 N, R 2.0 E, in the City of
Muskego, County of Waukesha, State of Wisconsin.
Part Tax Key No. PISXC 2192.980
Permvent WEter Main Eaement
City of Muskego
All thee pa? of the Southest one-quarter of the Southeast one-quarter of Section 8, Town
5 Nor& Range 20 East, City of Muskego, Waukesha County, Wisconsin, bounded and
described 2s follows:
Commencing 2t the Southeast comer of said Section 8; thence North 88"58'34' Eat,
15.04 feet; thexe North 38"02'50' West, 103.30 feet; thence North 39'10'51' West,
158.96 feet; thence North 50'49'09' East, 50.00 feet to the East line of Racine Avenue,
C.T.H. T' and the Southwesterly comer of Parcel 4, CSM No. 7495; the& North
39'10'51- West dong the West line of said pucel4,235.00 feet to the point of beginning;
thence Xo& jO"49'09- Eat, 10.00 feet; thence North 3Y10'51- West, 10.00 feet; thence
Sou& jO'49'09' West, 10.00 feet; thence South 39"lO'jl- East, 10.00 fed to the plece of
be-&g, con*&,o 100 squue feet, 0.0033 acres.
PROPOSED AMENDMENT TO BE ADDED TO THE END OF THE NOW, THEREFORE, BE IT RESOLVED
OALE W. ARENZ
DONALD 9. MOLTER. JR.
JOWd P. WCY.
STANLEY RIPPLC.
com~m~~~ss~o~m
COURTCOMMl3%OllCLI -
LRlC 0. SCHLIETER
i%C< D. TRINDL
FAXED
TOTAL PAGES; 3
Mayor David L. De Angc:Lj.!;
CITY OF MUSKEGO
Post Office Eox 503
Muskego, Wisconsin 533.50
Ms. Jean Marenda, Clerk
CITY OF MUSKEGO
Post Office Bcx 903
Xuskego, Wisconsin 5315::~
Re : Southeas: SewElue/Fo.r~.!~.:,:I ,,M,+;: rl
Dear Mayor, Joe ar~d Zen!!
DSM/pw
Attachment