CCR1995136COMMON COUNCIL - CITY OF MUSKEG0
AMENDED
RESOLUTION #136-95
APPROVAL OF LISTING CONTRACT FOR LOT 2, CSM 7292
BETWEEN THE CITY OF MUSKEG0 AND MOONEY LE SAGE GROUP
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Finance Committee, does hereby
approve the listing contract as attached for the City-owned
property, Lot 2, CSM 7292, in the Industrial Park located on
Saturn Drive for the term from July 5, 1995 to November 27, 1995
at a 10% commission.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to
execute the contract in the name of the City and complete the
Owner‘s Real Estate Condition Report.
DATED THIS 27TH DAY OF JUNE , 1995.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Domonic D’Acquisto
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #136-95 which was adopted by the Common Council of the
IB-3 VACANT LAND LISTING CONTRACT - EXCLUSIVE RIGHT TO SELL
1 SELLER GIVES BROKER THE EXCLUSIVE RIGHT TO SELL THE PROPERTY DESCRIBED BELOW ON THE TERMS SET FORTH IN THIS LISTING.
2 m PROPERTY DESCRIPTION: 2 Acres Vacant Land
.Of Muskego 6 ~~d~ti~n?~escription, if any:) Lot 2 CSM 7292 (Exhibit A)
,County of Waukesha ,Wisconsin.
6 8 TERMS OFLISTING:
7 PRICE: Twenty-Nine Thousand Five Hundred I Acre Dollars (-1.
8 PAYMENT TERMS: Cash or equivalent at closing of
9 OCCUPANCY DATE: Closing pi-:: a-
10 PROPERWINCLUDED IN LISTPRICE: Selleragreestoincludeinthelistpriceallfixturesasdefinedatlines147to150.unlessexcludedatlines13lo14.
11 ADDITIONAL ITEMS INCLUDED IN THE LIST PRICE: None
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13 ITEMS NOT INCLUDED IN THE LIST PRICE: None
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15 CONDITION OF TITLE: Upon payment of the purchase price, Seller shall convey the Properly by warranty deed
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17 recordedeasementslorthedistributionol utilityandmunicipalservices,recorded building and use restrictionsandcovenants. general taxes levied
free and clear of all liens and encumbrances. except: municipal and zoning ordinances and agreements entered under them.
18 lntheyearofcloslngand Rules and regulations of the Muskeao Industrial Park as adopted bv the
20 TlTLEEVlDENCE:SellershallprovldeevIdenceoftheconditionofSeller'stitleintheformagreedtobybuyerandSellerIntheOffertoPurchase.
21 MARKETING: In conslderation lor Seller's agreements herein Broker agrees10 use reasonable efforts to procurea purchaser for the Properly.
22 including but not limited tothefollowing: A Sign On the Property and broker's best efforts
23
24 SEE LINES 93 TO 97 REGARDING SELLER'S DUTY TO NOTIFY BROKER OF ANY POTENTIAL PURCHASER OF WHICH SELLER HAS KNOWLEDGE,
Seller agrees that Broker may market other properties during the term 01 this Listing.
25 SELLER'S DUTY TO COOPERATE WITH BROKER'S MARKETING EFFORTS AND PROVISIONS REGARDING BROKER'S ROLE AS MARKETING AGENT
26 8 OTHERBROKERS: ThepartiesagreethatBrokerwillworkandcooperatewitholherbrokersinmarketingtheProperty,includingbrokersfrom
27 other firms acting as subagents (agents of Seller retained by Broker) and brokers representing buyers, except: None
28 m DUAL AGENCY: if Broker represents a prospective purchaser of the Property through a buyer agency contract. Seller+.#e+(does not)
addendum) PTRIKE ONE].
[STRIKE ONE] Consent lo the dual agency relationship described (at lines 155 lo 163) (in the dual agency provisions of the allached
COMMISSION: Seller shall pay Broker's commission, which shall be earned if, during the term of this Listing:
19 City of Muskeao (provided none of the foregoing prohibit present use of the Property).
@
32 1) Seller accepts an offer which creates an enforceable contract for the sale of all or any part of the Properly;
33 2) Seller grants an Option to purchase all or any part of the Property which is subsequently exercised:
34 3) Seller enters into a binding exchange agreement on all or any part of the Property; or
35 4) A purchaser is procured lor the Property by the Broker. by Seller, or by any olher person, at the price and on substanlially the lerms set
36 forthinthisLlstingandthestandardprovisionsofthecurrent WE-13 VACANTLANDOFFERTOPURCHASE,evenifSellerdoesnotaccept
38 Broker's commission shall be ~%,
39 commission.ifapplicable,shallbecalculatedbasedonthesalepriceifcommissionisearnedunderl)or2)above,orcalculatedbasedonthe
r*kieke*erisgreem. The percenlage
41 the percentage commission shall be calculated on the fair market value of the Property exchanged. Once earned, Broker's commission
40 listpricelfthecommlssionlsearnedon~nexchangeoftheentirePropertyunder3)orunder4).Iflessthantheentirepropertyisexchanged.
42 is due and payable in full at the earlier of closing or the date set for closing, unless otherwise agreed in writing. SHOULD LITIGATION ARISE
43 BETWEEN THE PARTIES IN CONNECTION WITH THIS LISTING. THE PREVAILING PARTY SHALL HAVE THE RiGHT TO REASONABLE ATTORNEY FEES.
45 a prior listing contract are excluded from lhis Listing to the extent of the prior broker's legal rights .WsotherWlse agreed lo in writing.
er
46 Within one week of lhis Listing Seller agrees to dellver to Broker a list of dlp%sem@ment as purchaser would earn another
47 brokeracommlssionvn~eraprlorlistingcontr~~onlaclprevlousllsllngbrokerlllheldanlllyolpolenllalprolecledbuyeralrom
48 prevlous Ilsllno~ner buyers excluded from this Listing until
49 '"
50 m SELLER REPRESENTATIONS REGARDING PROPERTY CONDITI0NS:SellerrepresentsloBrokerthatasoIthedateoIthisListing.Seller
51 hasnonoticeorknowledgeofanyconditionsaflectingthePropertyortransaction(asdefinedatlines118to146)otherthanthoseidentified
52 in writing In the attached seller's disclosure report (see lines 102 to 106 regarding seller's disclosure reports) dated ___ and -
53
54 UnLlN AVAIUBILIN: Sellerrepr~entsthatthefollowingutilityconnectionsarelocatedasfollows(e.g. on the property. at thelot line, acrossthestreet. unknown,
55 etc.): eIEticitya; gas at lot line municipalsewer in street ; municipal water 111 street ;
56 telephone at lot line ,oh
37 lhis purchaser's offer. See lines 164 lo 167 regarding procurement.
44 ~- . .. .. ..
rlNSERT DATE] are: None
a ZONING: Seller represents that the Property is zoned 1-1 Industrial Park
ARNING: IF SELLER REPRESENTATIONS AT LINES 50 TO 57AND ELSEWHEREARE NOT CORRECT. SELLER MAY BE LIABLE FOR DAMAGES AN0 COSTS.
59 TERM OF THE CONTRACT: FROM THE 27th DAYOF May .19 95
60 UP TO AND INCLUDING MIDNIGHT OFTHE 27th D~~ oF November .19 95 .
-AS APPLICABCE].
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EXTENSlON0FLISTINQ:ThlsLlstlngmaybeextendedby~greemenlofthePartles.TheListingtermisextendedforaperiodofoneyearaslo
anybuyerwhopersonallyorlhroughenypenonactlnglorsuchbuyereilhernegotlatedtoacqulreanlnterestlnthePropertyorsubmlttedawritten
ollertopurchase,exchangeoroptlonduringthetermofthisListlng.IItheextenslonlsbasedonnegotlation,theextensionshallonlybeelleclive
thenegotiattons."Negotletedlorthepurposeofthisparagraphmeanstodiscusslhepotenlialtermsuponwhichbuyermlghtacquireaninterest
ifthebuyer'snameisdeliveredloSeiler.Inwriting,nolaterthanthreedaysaflertheexpirationoltheLlsting,unlessSellerwasdirectlyinvolvedin
in the Properly or lo attend an indlvidual showing of the Properly. Upon notice that the Property has been listed with another broker during the
extensionperiod.BrokeragreestopromptlydeliverloSellerawrittenlistofthosebuyersknownbyBrokerlowhomtheextensionperiodappi1es.
ADDITIONAL PROVISIONS:
8 ADDENDA: The attached Vacant Land - briers Real Estate Condition Reuort idare made part of this Listing.
CAUTION: REVIEW LINES 82 TO 167 (OVER) WHICH ARE A PART OFTHIS LISTING: IF SIGNEO. THIS LISTING CAN CREATE A LEGALLY ENFORCEABLE
CONTRACT. EAOKERS MAY PROVIOE A GENERAL EXPLANATION OF THE PROVISIONS OF THE LISTING BUT ARE PAOHlBlTED BY LAW FROM GIVING
AOVICE OR OPINIONS CONCERNING YOUR LEGAL RIGHTS UNDER THIS LISTING. AN ATTORNEY SHOULO BE CONSULTED IF LEGALAOVICE IS NEEDED.
Dated lhis day of ,.. . .19x
1x1
LILY uFMUsh.+U
AgenllorBroLerA IPrinlNsme) L John 'H. Henderson I Sellerl (PrlntNamel- David L. DeAngelis, Mayor 1x1 By :
Mooney LeSage h Associates, Ltd. By :
Braker/Firm.A IX)
SellerA IPrint Name)- Jean K. Manenda, City Clerk
B~,6~Rf~~l~1UgPLoU~~0~~ad W182 S8200 Racine Avenue, Muskego, WI
Broker'sAddrePsA Phonenl FaxUr- 414-797-9400 Seller'sAddreroA PhoneHl FBxXr /,I/ ~70 llnL 5315r
,.
Jf%N-12-34 WED 16:25 RUEKERT I MIELKE INC- P - a4
CERTIFIED SURVEY MAP NO - """"
BEING A PART OF THE NE 1/4 OF WE SE l/4 SECTION 17. TOWN 5 NORTH.
RANGE 20 EAST. CITY OF MUSKEGO, WAUKESIIA COUNTY, MSCONSIN
OWER lDENllFlA8LE SECTION LINE - EAST LINE OF THE
CITY OF MUSKEGO
W182 S8ZOO RACINE AX,
MUSKEGO. W.
SE I/4 SEC. 17. TSN. RZOE.. ASSUMED BEARING
S 00'59'13" E (WSC STAIE PLANE COORDINA7E
SYSlEM. GRID NORlH. SOUTI4 ZONE)
PREPARED BY:
RUEKERT & W239 NlEl
N -MiELKE. INC. ..
__. ~ - 2 ROCKWOOD DR. E 1/0 COR SEC.
17-5-20 WAUKESHA. kl. 53188 E CAS1 IRON MONU. -f
0 - INDICATES IRON PIPE I' X 24'. 1.13 LBS./IIN.FT. SET W/0RASS CAP
ti 328.737.24 \
E 2,495.974.74 - INDICATES IRON PIPE FOUND
- RECORDED AS S 92
700 4- -
w dl
I
? LOT 3
59.795.48 S.F.
1.5727 AC.
,
LOT 2
2.0001 AC.
87.122.95 S.F.
10 - LOT 1 d:'
1.8042 AC. $I
-t 81.208.71 SF. .
b
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ir .kJ
SE COR SEC.
17-5-20
CAST IRON MONU.
W/eRASS CAP
N 528,737.21
E 2.195.974.71 - -
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CIIC II 1c1r; TUIC IMSTRIIMF~T WA< ORAFTFO RY RICI.IARD A FEERI.IARDT PAGE 1 OF 3
Form NO. 892 Vacant Land . Ownan Real Estate Condltion Rewn Wisconsin Legal Blank Co.. Inc.
Milwaukee. Wis.
I PROPERTYADDRESS: Lot 2 CSM 7292, City of Muskego, Wisconsin
2 PROPERTYOWNERS: City Of Muskew
3 OWNER HAS OWNED THE PROPERTY FOR YEARS.
4 For the purpose of complying with certain regulations and disclosure laws, it is imperative that the following questions be answered and data be
5 supplied by the owner of record This will also greatly assist the sale of your property.
6 WARNING: Incorrect rcprcscntatlons may rcsult In scllcr liahlllty for damages.
7 This form is to be completed personally by owners based on all of owners information, knowledge an&’or observations. While some of the questions are
8 worded in a manner to mist recall. it is diffkult to cwec all situations. so plcxc add M amend this report as appropriate.
9 Answcr qucstlons by clrcllng your response. If you do no1 know thc answers, plcasc circlc “UNK.” for “UNKNOWN”.
10 Also ALL “YES” answers nwst be cxnlalncd In Ihc blank SUPCC at lhc cnd or lhls form.
1 I This is not a substitute for my inspections buyer may wish to obtain. Seller is aware that Buyer my be relying upon this information in deciding
I2 wllcther or not ar upou what tenns Lo purchase the property. III lllis form “am awa$ means ‘-0 have notice or knowledge.
13 GENERAL
14 (I) Arc you aware of planned or commenced public improvements which may result in special assessments or otherwise
16 (2) An you aware of any government agency or court order requiring repair, alteration or comction of any existing conditionl. .. YES NO UNK.
17 (3) Are you aware of any completed or pending Property LW reassessment of the Property?. YES NO UNK
.. ~- ”
I5 materially affect the Property or the present use of the Propeny?. YES NO UNK.
’% (4) Are you aware of any land division involving the Properly (for which required stalc or local appnnds were not obtained)
2 (5) Are you aware of any portion of he Property being in a 100 year floodplain, a wetland or a shoreland zoning area under
22 (6) Do you have a survey of the property?. YES NO UNK
23 If so. what is the date of the survey
24 and do you know of any reson why the survey may be inaccurate or misleading?. YES NO UNK.
andlor any reason why the land division may not have been recorded in the register of deeds? YES NO UNK.
21 local, state or federal regulations? YES NO WK.
25 (7)
26 (8) Is this property subject to assessment by any non-governmental entity or adjacent lot owners (such as a shared well,
27 shared access road water trust, out lot maintenance, etc.)?. YES NO UNK
28 (9) Other lhan a governmental authority, are you aware of any person, group or cornmiltee (such as an architectural conwol
29 commiltee) which must approve of any construction on this property?
30 RURAL
3 I (IO) Are you aware of any potion of the Property being subject to. or in violation of, a Farmland Preservation Agreement
32
33
under a County Farmland Preservation Plan, or enrolled in, or in violation of. a Forest Crop, Woodland Tax, Managed
Forest, Conservation Reserve or similar program? YES NO UNK
34 (I I) Are you aware of any boundary disputes or material violalion of fence laws? (note: Wis. Slats. Ch. 90 requires the erection
35
36
and maintenance of legal fences between adjoining propenies where one or both of the propemes is used and occupied for
farming or grazing purposes)? YES NO UNK.
37 (12) Are you aware of prior reimbursement for corrective action cosls under the Agricultunl Chemical Cleanup Program?
38 (Wis. Stats. $94.73). YES NO UNK.
39 ENVIRONMENTAL
40 (13) Are you aware of any violations of environmental rules or other rules or agreements regulating the use of the Property?. YES NO UNK.
4 I (14) Arc you aware of conditions constituting a significant health or safety hazard for occupants of Property? YES NO UNK.
42 (15) Are you aware of underground or other storage tanks (including those hich may have ken removed) on the Property
43 for storage ofcontaminants or flammable or combustible liquids, including but not limited to gasoline and heating oil?. YES NO UNK.
( 16) Are you aware of of high voltage electric (I 00 KV or greater) or steel natural gas transmission lines located on but not
directly serving tbe Property?. YES NO UNK.
If you know, what is the size of the Roperty? -Acres -What do you base that information on?
YES NO UNK
rn
46 WELL,SEPTlC &SUBSOIL
47 (17) Are you aware of wells on the Property required to be abandoned (Wis. Adm Code NR 112.26) but which are not
48 abandoned according to state regulations? YES NO UNK
49 (18) Are you aware of cisterns or septic tanks on the Property?. YES NO UNK.
50 (19) Have you ever had the property (or any ponion thereof) tested or examined (included perc test. soil brings, ctc.)? YES NO UNK.
5 I (20) Are you aware of any of the following subsoil conditions: subsurface foundations, organic or non-organic fill, dumpsites or
52
53
containers on Property which contained or currently contain toxic or hazardous materials, high groundwater,unusual soil
54
conditions (e+. low load bcaring capacity). excessive rocks or rock formations on the Property or any other condition which
effect cost of construction? YES NO UNK.
55 (21) Arc you aware of a lack of legal vehicular access to the Property from public mads?. YES NO UNK.
56 (22) Are you aware of any other conditions or occumnces which would significantly increase the cost of development or reduce
51
58 EXPLANATIONS OF “YES” ANSWERS AND OTHER INFORMATION YOU WISH TO EXPLAIN
the value of the Property to a reasonable person with lolowledge of the nature and scope of the condition or occurrence? YES NO UNK.
59
60
61
63
62
01
65 ‘The Owner certifies that the .nfomlation in this repon is lruc and correct to the best of Owner’ k lowle e of the date below.
67 Stgnature (Se1ler)David L. DeAngelis, MF$)(ar
66 (x)kv: (x) BY:
68 Broker cenifies that broker 11s inspected the property and unless otllcrwisc indicated, broker is not aware o e11 I r de ecls olhcr than those disclosed b this
city of Muskego dlLy oy Ruskego
e Signature (Seller) Jean K. Manenda, Date fip C,lerk
port 2nd is ,101 awnrc of inl?onllntion inconsistellt will1 ths repoll.
Mooney LeSage b Associates, Ltd. 70
71 Broker ’ BY John H. Henderson Date
12 I acknowledge a receipt ofa copy of this repon.
73 (X) (X)
7: Signam (Buyer) Date Signature (Buyer) Date