CCR19962079/96 jmb
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #207-96
RESOLUTION AS TO OFFER TO PURCHASE
EASEMENT
North Cape Sewer Project (Ritzman)
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Public Utilities Committee, does
hereby authorize execution of the attached Offer to Purchase for
the Offer to Purchase but are not attached hereto, for permanent
zero dollars and necessary closing documents, which are part of
sanitary sewer easement for the North Cape Sewer Project.
BE IT FURTHER RESOLVED that the Mayor is authorized to make
Attorney if needed to facilitate timely execution of the Offer.
necessary technical changes in consultation with the City
BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are
authorized to sign the Offer to Purchase and closing documents in
the name of the City and to extend the acceptance and/or closing
dates, if necessary.
DATED THIS 10th DAY OF September , 1996.
SPONSORED BY:
PUBLIC UTILITIES COMMITTEE
Ald. David J. Sanders
Ald. Nancy C. Salentine
Ald. Robert L. Rasmussen
This is to certify that this is a true and accurate copy of
Resolution #207-96 which was adopted by the Common Council of the
City of Muskego.
74 LISSUES RELATED TO PROPERTY DEVELOPMENT
page 2 01 4 -VACANT LAND
75 WARNING: II Buyer conlemplales developlng Properiy or e use olher than Ihe currenl use, lhere ere a varlely ollssues whlch should be
76 addressed lo ensure Ihe developmenl or new use Is posslble. Munlclpal and zonlng odlnances, recorded bulldlng and use restrlCllOnS.
covenants and eesemenls may prohlblt certaln Improvements or use$ and lherelore should be reviewed. Bulldlng permlts, ZOnlng
variances, Archlteclural Control Commltlee approvals, estlmetes lor utlllty hook-up expenses, speclal essessmenl charges lor
80 ol,oraparilcularuselor,aprope~y.OptlonalconllngencleswhlchallowBuyerlolnvestlgetecerialnoltheselssuescanbeloundatlln~S
lnstallallonolroeds orutllltles, envlronmentalaudlts. subsolllests, elc., may need to beoblalned todetermlne the laaslbllllyoldevelopment
81 252 to 305 01 thls Ollerand Buyer may add conllngencles as needed In addenda whlch may be added to lhls Oller (See line 306). Buyer
82 should revlew any plans lor developmenl or use changes to determlne whal Issues should be addressed In conllngencles to lhls Offer.
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83 LPROPERTY CONDITION PROVISIONS
84 INSPECTIONS: Seller agrees toallow Buyer's inspectors reaSOnableacceSSto the Property upon reasonable noticeand gives Buyer's
85 inspectors permission to perlorm testsof the Property, if the inspectionsand thetestsarereasonablynecessary to satisfy the Contingencies
86 in this Offer. Buyer agrees to promptly provide copies of all such inspection reports to Seller, and to listing broker if Property is listed.
87 Furthermore. Buyer agrees to promptly restore the property to its original condition after Buyer's inspections are completed. unless
88 otherwise agreed with Seller. CAUTION Seller acknowledges that unless modlfled, the contlngencles at llnes 252 lo 305 authorize
89 Buyer's Inspectors to take sol1 samples whlch may detect envlronrnental contamlnatlon whlch may be requlred to be reported to the
90 Wlsconsln Department 01 Natural Resources.
91 PROPERTY DAMAGE BETWEEN ACCEPTANCE AND CLOSING: Seller shall maintain the Property until the earlier of closing or
92 occupancy by Buyer in materially the same condition as of the date of acceptance of this Offer. If. prior to the earlier of Closing Or
93 occupancy by Buyer. the Property is damaged in an amount of no! more than five percent (5%) of the selling price, Seller shall be obligated
94 to restore the Property. If Seller is unable to restore the Property. Seller shall promptly notify Buyer in writing and this Offer may he
95 cancelledattheoptionoftheBuyer.Ifthedamageshallexceedsuchsum.SellershallpromptlynotifyBuyerinwritingofthedamageand
96 this Ofler may he cancelled at option of Buyer. Should Buyer elect to carry out this Offer despite such damage, Buyer shall be entitled to
97 any insurance proceeds relating to the damage to the Property, plus a credit towards the purchase price equal to the amOunt of Seller's
98 deductible on such policy.
99 PRE-CLOSING INSPECTION: At a reasonable time, preapproved by Seller or Seller's agent; within 3 days belore closing. Buyer shall
100 have the right to inspect the Property to determine that there has been no significant change in the condition of the Property. except for
101 changes approved by Buyer.
102 I_SUR\IEY)
104 by Seller or Seller's agenl(s) are approximate and, unless a survey has been provided, Ihe Property dimensions have not been
103 Buyer acknowledges that Properlydimensions. total square footage, total acreageand allocation of acreage information provided to Buyer
105 verified by survey. CAUTION: Buyer should verlly Property dlmenslons. total square lootege. lotal acreage or allocatlon 01 acreage by !PpiiET, survey I1 materlal to Buyer's decision to purchase. See lines 286 to 291.
108 WisconslnStalutessection90.03requirestheownersof adjoining properlies to keepand maintain legal fencesinequal shares whereone
109 or both of the properties is used and occupied for larming or grazing purposes. CAUTION: Conslder an agreement eddresslng
11 0 responslblllly lor lences I1 Properiy or adlolnlng land Is used and occupled lor larmlng or grazlng purposes.
111 rD-1
'12 Seller and Buyer each have the legal duty to use good faith and due diligence in completing the terms and condttions of lhis Offer. A
113 materialfailuretoperlormanyobligationunderthisOllerisadefaultwhichmaysubjectthedelaultingpartytoliabilityfordamagesorother
114 legal remedies.
115 If Buyer defaults, Seller may:
116 (1) sue for specific performance and request the earnest money as partial payment of the purchase price: or
1 t7 (2) terminate the Offer and have the option to: (a) request the earnest money as liquidated damages; or (b) direct Broker to return the
119 If Seller defaults, Buyer may:
121 (2) terminate the Offer and request the return of Ihe earnest money, sue for actual damages, or both.
120 (1) sue for specific performance: or
122 In addition, the Parties may seek any other remedies available in law or equlty.
123 ThePartiesunderstandthattheavailabilityofanyjudicialremedywilidependuponthecircumstancesotthesituationandthediscretion
124 01 the courts. If either Party defaults, the Parties may renegotiate the Offer or seek nonjudicial dispute resolution instead of the remedles
125 outlined above. By agreeing to btnding arbitration. the Parties may lose the right to lltlgate in a court of law those disputes covered by the
126 arbitration agreement
118 earnest money and have the option to sue for actual damages.
127
dislrlbllled as sel lorth in lines 133 lo 154. 131
I earnest money cannot he determined by Broker In the absence of a mutual agreement by the Parties, earnest money will he 130
CONVEYANCE. AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS REQUIRED. Buyer's or Seller's legal right to 129
RIGHTS OR OBLIGATIONS OF PARTIES TO A TRANSACTION OR THE LEGAL EFFECT OF A SPECIFIC CONTRACT OR 128
NOTE: WISCONSIN LICENSE LAW PROHIBITS A BROKER FROM GIVING ADVICE OR OPINIONSCONCERNING THE LEGAL
EARNEST MONEY
134 Offer and in the Irust account of the listing broker (huyer'sagent if Property IS not lisled) alter acceptance until applied to purchase price or
135 otherwise dishllrsed as provided in the Olfcr. If negotiations do not resllll in an accepted olfer, the earnest money shall he prOmptly
136 dishnlrsod (allor denmncc from payor's dnpository inslittltion il carncsl nloncy is paid by check) lo the person who pald the Carnest
138 regardfng dlsbursement.
137 moriuy. CAUTION: II someone olher llren Buyer makos payment 01 earnest money on behellol Buyer, conslder a speclal egreemenl
139 DtlWFfiSEMEpT. At closing, earnest money shall he disbursed according to the closing statement. If thus Offer does not close. the
140 earnest money shall he disbursed according to a written disbursement agreement signed by all Parties to this Offer. If said disbufsement
' 141 agreement has not been delivered lo broker within 60 days after the date set for closing, broker may disburse the earnesi money: (1) as
142 directed by anat\orneywhohas reviewed Ihe transaction and does not representeuyer or Seller; (2) intoa court hearing a lawsuit involving
143 the earnest money and all Parties to this Offer: (3) as directed by court order: or (4) any other disbursement required or allowed by law.
144 Brok\ermayretainlegalservicestodirectdisbursementper(l)ortofileaninterpleaderactionper(2)and,insuchevent,brokermaydeduct
145 from the earnest money any costs and reasonable atlorneys fees, not lo exceed $250. prior to disbursement. Should persons other than
147 LEGAL_P!FHT.S/ACTlON~ Broker's disbursement of earnest money does not determine the legal rightsol the Parties in relation lo this
146 broker hold, earnest money, an escrow agreement should be dralted by the Parties or an attorney for Buyer or Seller. 0
148 Olf~~.Alleast30dayspriortodisbursementper(l)or(4),brokershallsendBuyerandSellernoticeofthedisbursementbycertifiedmail.If
~ 149 BuyerorSellerdi~agreewithbroker~sproposeddisbursement,alawsuitmaybefiledtoobtainacourtorderregardtngdisbursement.Small
150 Claims Court has jukdiction over all earnest money disputes arising out of the sale of residential property with 1-4 dwelling units and
I 151 certain other earnest money disputes. The Buyer and Seller should consider consulting attorneys regarding their legal rights under this
152 Ofler in case of a dispute.
' 153 Both Parties agree to hold the.Qroker harmless from any liability for good faith disbursement of earnest money in accordance with lhis
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154 Offer or applicable Department and Licensing regulations concerning earnest money. (Wis. Administrative Code RL 18.)
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6-7-95 (Mandalary Use Dale)
WB-13 VACANT LAND OFFER TO PURCHASE
LGENERAL PROVISIONS
property known as see attached legal description
in the City Of Muskego , Counly of
(Additional description. if any:)
The Buyer, City of !uskego, a Wisconsin Municipal corporation offers to e
Waukesha ,Wisconsin.
on the following terms:
1.
nLa will be paid within X/_- days of acceptarlce.
PURCHASEPRICE: zero """"""""""""~"""""""~""~"""""""---------
in the form 01 n/a
"""""""""""""""""~"""""""""~"""- Dollars (CblLaO . EARNEST MONEY 01 s-nLa
money of $ -pn/_app in the form of
I THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent at closing unless otherwise provided below.
I ADDITIONAL ITEMS INCLUDED IN PURCHASE PRICE: Seller shall include in the purchase price and transfer. free and clear of
encumbrances, all fixtures, as defined at lines 214 to 217 and as may be on the Property on the date of this Offer. unless excluded at lines
17-18, and the following additional items: None.
"_"""""""
accompanies this Olfer and earnesl
I ITEMS NOT INCLUDED IN THE PURCHASE PRICE: - . PROPERTY CONDITION REPRESENTATIONS: Seller represents to Buyer that as of the date of acceptance Seller has no notice or
knowledge of conditions affecting the Property or transaction (as defined at lines 178 to 208) other than those identified in Seller's
disclosure report dated none which was received by Buyer prior to Buyer signing this Offer
ICOMPLETE DATE OR STRIKE AS APPLICABLEIH . ZONING: Seller represents that the Property is zoned -
[STRIKE AS APPLICABLE] and all other dates and deadlines in this Offer except: m-
__-.
TIME IS OF THE ESSENCE as to: (1p-e (2) binding acceptance: (3) occupancy; (4) date Of closing
LoPTIoNAL PRoVIS1oNS AND ADDENDA 1 See lines 252 to 305 for optional provisions including contingencies. See line 306.
determine if addenda, riders or other documents have been made a part of this Offer. -
LADD~T~ONAL PROVlSlONS 1 1. Seller shall execute the original of the attached documents
on or before closing. 2. Seller shall remain responsible for all liabilities which are
the responsibility of the owner of the fee title such as property taxes, special
LACCEPTANCE, DELIVERY AND RELATED PROVISIONS
I BINDING ACCEPTANCE: ThisOfferisbindinguponbothpartiesonlyifacopyoftheacceptedOflerisdeliveredtoBuyeronorbefore
September 1 L CAUTION: Thls Offer may be wllhdrawn pdor to dellvery of the accepfed Offer.
DELIVERY OF DOCUMENTS AND WRITTEN NOTICES: Unless otherwise stated in this Offer, delivery of documents and Written
notices to a party shall be effective only when accomplished in any of the following ways:
39 (1) By depositing the documen tor written notice postage or fees prepaid in 1heU.S. Mail ora commercial delivery system addressed to the
40 partyat: B~~~~: City of Muskeqo, P.O. Box 903, MUSltegO, WI 53150
41 seller: The Ritzman Family Revocable Trust.26130 Deer Ridge Trail, Waterford, WI 53185
42 (2) By giving the document or written nolice personally to the party:
43 (3) By electronically transmitting the document or written notice to the following telephone number:
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44 ~uyer: ( 414 ) 679-4106 Seller: ( ) n/a
45 LOCCUPANCY AND RELATED PROVISIONS
46 I OCCUPANCY of the easement
47 shall be given to Buyer at time of closing unless otherwise agreed in writing. CAUTION: Conslder an agreemenl whic'h'addresses
48 responslblllty lor clearing the Propefly 01 personal propefly and debris, I applicable.
49 I 'LEASED PROPERTY: If Property is currently leased and leases extend beyond closing. Seller shall assign Seller's rights under said
51 lease(s). if any, are none
50 lease@) and transferallsecuritydepositsand prepaid rents thereunder to Buyer at closing. The termsof the (written) (oral) STRIKE 0
52 I CLOSING: This transaction is to be closed at the place designated by Buyer's mortgagee or MuSkWO City Hall
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53 no later than -2 6 , l9L. unless another date or place is agreed to in writing.
66 insurance ISTRIKE AS APPLICABLE1 as further described at lines 155 to 169.
)anowner'spolicyoftitle
67 I CONVEYANCE OF TITLE Upon payment of the purchase price, Seller shall convey the Property by- (Or other easement
68 conveyance as provided herein) free and clear of all liens and encumbrances, except: municipal and zoning ordinances and agreements
69 entered under them. recorded easements for the distribution of utility and municipal services. recorded building and use restrictions ang
70 covenants. general taxes levied in the year of closing=
71 (provided none of the foregoing prohibit present use of the Property). which constitutes merchantable title
72 for purposes of this transaction. Seller further agrees to complete and execute the documents necessary to record the conveyance.
73 CAUTION: SEE LINES 74 TO 82.
268 0 PROPOSED USE CONTINGENCY: BLZyer is purchasing the properly for lhe purpose of:
269 This Oiler is contingent upon Buyer obtaining the following [CHECK ITEMS THAT APPLY]:
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subsoilcondition which wouldmakefheproposeddevelopmentimpossible orsignilicantlyincrease thecostsolsuch development:
0 Written evidence a1 (Buyer's) (Seller's) [STRIKE ONE I expense from a qualilied soils expert lhat Ihe Property is free of any
See line 86.
0 Writlen evidence a1 (Buyer's) (Seller's) [STRIKE ONE I expense from a certified soils lesfer or olher qualilied experf lhat
indicates lhal Ihe Properly's soils a1 locations selected by Buyer andall other condilions which muSl be approved10 obtain a permil
lor a private conventional septic syslem lor:
[insert proposed use 01 Property; e.g.. three bedroom single family home] meet applicable codes in ellecl as 01 the date 01 this Offer.
A conventional system (does) (does nol) [STRIKE ONE] include allernale privafe systems such as mound Syslems or in-ground
pressure dislribufion systems lor the purposes 01 lhis contingency. A convenlional system does no1 include a holding lank. privy.
composting toilet or chemical foilet.
0 Copies at(Buyer's) (Seller>) [STRIKE ONE I expenseolallpublicandprivaleeasemenls, covenantsandreslrictionsallecling
significantly delay or increase the costs 01 Ihe proposed use or development identified at lines 268 lo 269.
the Properly and a written determination by a qualified independent lhird party, at Buyer's expense. that none 01 these prohibit or
suchpermits.approvalsandlicensesat(Buyerk) (Seller>) tSTRIKE ONE1 expenselortheloltowingifemsrelaledlotheproposed
0 Permils. approvals andlicenses. as appropriate. or lhe linaldiscrelionary action by the granting aulhorilyprior to theissuance 01
0 A map 01 the Property a1 (Buyerk) (Seller's) [STRIKE ONE I expense 01 fhe lollowing lype:
See lines 278 lo 226 lor delinilions 01 each map type. I1 lhis paragraph is checked bul more than one lype or no type is selected. a
0 a boundary map: 0 morfgage inspection map: 0 survey map @HECK ONE BOX TO DESlGNATE MAP TYPE 1
. ..
boundarymapisdeemedselecled. CAUTION: Consldercostandtheneedlortheleeturesolthevariousmaptypesbeloremaklng
prior representations lo Buyer or which would render lhe proposed development impossible or SigniliCanlly increase 11s COSl.
e selection. The map 01 the Properly shall show no signilicant encroachmenls orany inlormation malerially inCOnSiSten1 with the
the Properly, at lhe lot line, across the slreel, etc.): electricity
0 Written evidence at(Buyer's) (Sellerk) [STRIKE ONE I expense Ihal fhe following utilityconneclions are locatedas lollowS (e.9. on
municipal sewer , municipal water , lelephone
olher- ISTRIKE AND COMPLETE AS APPLICABLE~.
..
.~ gas
296 This contlngency shall be deemed satlslled unless Buyer wlthln ~ days 01 acceptance dellvers written nollce to Seller SpeCllYlng
297 those Items 01 this contlngency whlch cannot be sattslled and written evldence substantlatlng why each speclllc Item Included In BuYefS
298 notlce cannot be satlslled.
299 0 INSPECTION CONTINGENCY: This Oiler is contingent upon a qualilied inspector(s) conducting an inspeclion(s). at Buyer's
300 expense. 01 the Properly and which discloses
301 no defects as defined below. This contingencyshall be deemedsalisliedunless Buyer wilhin ~ days 01 acceplance delivers to Sellera
302 copy olthe inspector's wrillen inspection report anda written notice listing Ihe delects identiliedin the report 10 which Buverobjecls. For
303 thepurposesoilhisconlingencyadeiectisdeiinedasanycondilionolthePropertywhichconstilutesasignilicantthreallolhehealthor
salelyolpersonswhooccupyormakeuseolilorgivesevidenceolanymalerialuse,storageordisposalolhazardousorfoxicsubslances
306 0 OTHER: Theallached
307 IF ACCEPTED. THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT. BOTH PARTIES SHOULO CAREFULLY REA0 THIS
islare made part 01 this Oiler.
309 FROM GIVING AOVlCE OR OPINIONS CONCERNING YOUR LEGAL RIGHTS UNOER THIS OFFER OR HOW TITLE SHOULD BE TAKEN AT CLOSING.
308 DOCUMENT, BROKERS MAY PROVIOE A GENERAL EXPLANATION OF THE PROVISIONS OF THE OFFER BUT ARE PROHIBITED BY LAW
310 AN ATTORNEY SHOULO BE CONSULTEO IF LEGAL AOVlCE IS NEEOEO.
311 ThisOfferwasdraftedon 9/3/96 [date] by Donald S. Molter, Jr.. Arenz,Molter,Macy 6 Riffle. S.C.
312 CITY OF MUSKEGO
'313 (X) By'
314 ~~&~ognalurel~ pm Name here c David L. De Angelis, Mayor xmmmmmm ID#
315 1x1, BY:
316 (8,uyuyer'r Sqnalure)A Prmt Name here * Jean K. Marenda, Clerk
317 EARNEST MONEY RECEIPT Broker acknowledges receipt of earnest money as per line 10 of the above Offer.
318 \ Broker (By)
320 THE CONVEYANCE OF THE PROPERTY. THE UNDERSIGNED HEREBY AGREES TO CONVEY THE ABOVE-MENTIONEO PROPERTY ON THE
319 SELLER ACCEPTS THIS OFFER. THE WARRANTIES, REPRESENTAtlONS AN0 COVENANTS MAOE IN THIS OFFER SURVIVE CLOSING AN0
321 TERMS AN0 CONOlTlONS AS SET FORTH HEREIN AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS OFFER.
322 1x1 -
323 ISe er5 SlQnalure)A Pml Name here:-
324 (x) B: 325 (Seller's Signalure)A Prml Name "ere:+ (Social Securlly NO.] (Dale1
326 This Oller was presented 10 Seller by on , 19-, at- a.m./p.m.
377 THIS OFFER IS REJECTEDL- THIS OFFER IS COUNTERED [See atlached counter]
WR 6~11~~~~'1~dw maw ,cl-l,"l'c Il,if,ll.i IrI,,?l
[Licensee and Firm]
29=6006023
39-6006023
(Dale) - IN (Dale)
WE RITZMAN FAMILY REVOCABLE TRUST %?. (Social Securily No.) IDale)
155 L TITLE EVIDENCE 1 page 3 01 4 - VACANT LAND
156 FORM OF TITLE EVIDENCE: Seller shall give evidence 01 title (as selected at lines 65 lo 66) to the Properly in the form of: (1) an
157 abstracl of title prepared by an atlorney licensed to practice law in Wisconsin or an abstract company; or (2) an owner's policy of title
158 insurance in the amount of Ihe ourchase once on a current ALTA form issued by an insurer licensed to write title insurance in Wisconsin. ~~ ~~ ~ ~~
159 PROVISION OF MERCHANTABLE TITLE: Seller shall pay all coslsof providing title evidence. For purposes of closing, title evidence
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163 standard title insurance requirements and exceptions, as appropriale.
164 TITLE ACCEPTABLE FOR CLOSING: II titleis not acceptable for closing, Buyershall notify Seller in writing of objections totllle by the
165 timesetlorclosing.Insuchevent,Sellershallhaveareasonabletime,bulnotexceeding15days,loremovetheobjections,andthetimefor
166 closingshallbeextendedasnecessaryforthispurpose.IntheevenlthatSellerisunabletoremovesaidobjections.Buyershallhave5daYs
167 lrom receipt of notice thereof, lo deliver written notice waiving the objections, and the time for closing shall be exlended accordingly. If
168 Buyer does not waive the objections. this Offer shall be null and void. Providing title evidence acceptable for closing does not extinguish
169 Seller's obligations lo give merchantable lille to Buyer.
170 ENTIRE CONTRACT
171 This Olfer. including any amendmenls, contains the entire agreement of Ihe Parties regarding the transaclion. All prlor negotiations and
172 discussions have been merged into this Offer. This agreement binds and inures to the beneflt of the Parties to this Ofler and lheir
173 successors in interest.
175 LC-CEPTANCE: Acceptance occurs when all Buyers and Sdllers have signed Ihe Olfer. See lines 35 and 36 regarding binding
17R ~m-edxnc~ CAllTION: CONSIDER WHETHER SHORTTERM DEADLINES RUNNING FROMACCEPTANCEPROVIDEADEOUATE
177 TIME FORAOLH BINDING ACCEPTANCE AND PERFORMANCE.
178 CONDITIONS AFFECTING THE PROPERTY OR TRANSACTION: A "condition allecting the Property or Iransaclion" is defined as
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follows:
(a) Planned or commenced public improvements which may result in special assessments or otherwise materially affect the PrOperly Or
(b) Government agency or court order requiring repair, alteration or correction 01 any existing condition:
(c) Completed or pending reassessment of the Properly for property tax purposes:
(d) Any land division Involving the Property. lor which required slate or local approvals were not obtained:
(e) Any portion of the Property being in a 100 year Iloodplain, a wetland or shoreland zoning area under local. State or federal regulations:
(I) Any portion of the Property being subject to. or in violation of, a Farmland Preservation Agreement under a County Farmland Preservation
(g) Boundarydisputesormaterialviolalionolfencelaws(Wis.Stats.Chapter9O)whichrequiretheerectionandmaintenanceoflegallenceS
Plan or enrolled in, or in violation 01. a Forest Crop, Woodland Tax, Managed Forest, Conservation Reserve or comparable program:
(h) Material violations of environmental rules or olher rules or agreements regulating the use of the Properly:
betweenadjoiningpropertieswhereoneorbotholthepropertiesisusedandoccupiedforlarmingorgruingpurposes: Seelines 107 to 110.
(i) Conditions constituting a significant healthor safety hazard for occupants 01 Property; a
(j) UndergroundstoragelanksonthePropertylorslorageolllammableorcombustibleliquidsincludingbutnollimiledtogasolineand
heatingoil: NOTE: WlsconslnAdmlnlslrellveCode, ChaplerlLHR 10conlelnsreglslrellonandoperellonruleslorsuchundergrOund
(k) Undergroundstoragetanksforslorageol1lammableorcombustibleliquidsincludingbutnotlimitedlogasolineandheatingoil.WhiCh
slorage lanks.
(I) High voltage electric (100 KV or greater) or steel natural gas transmission lines located on but not directly serving the Property:
were previously localed on the Properly;
(m) Wells on the Property required to be abondoned (Wis. Adm. Code NR 112.26) but which are not abandoned according to State
(n) Cisterns or septic tanks on the Property which are currently not servicing the Properly:
(0) Subsoilconditions which wouldsignificantlyincreasethecost ofthedevelopmentproposedatlines268to269, ifany. including.
currently contain toxic or hazardous materials, high groundwater. soil conditions (e.9. low load bearing capacity) or excessive
but not limited to. subsurlace loundations. organic or non-organic lill. dumpsiles or containers on Property which contained or
rocks or rock lormations on the Property;
the present use of Ihe Property:
regulations:
(p) A lack 01 legal vehicular access to the Property lrom public roads:
(q) Prior reimbursement for corrective action costs under the Agricultural Chemical Cleanup Program: (Wis. Stats. 594.73.)
(r) Othercondilionsoroccurrenceswhichwouldsignificantlyincreasethecostoflhedevelopmentproposedatlines268 to 269 or reduce the
valueofthePropertytoareasonablepersonwithknowledgeofthenatureandscopeoftheconditionoroccurrence.See lines 19 to 23.
DAYS: Deadlinesexpressedasaspecificnumberof"days"lromtheoccurrenceofanevent,suchasacceptance,arecalculatedbY
excluding the day the event occurred. The deadline then expires at midnight on the last day. Deadlines expressed as a Specific
number ol"businessdays"excludeSaturdays. Sundaysand any legal public holiday under Wisconsin or Federal law, or other holiday
designated by the President such that the postal service does not receive registered mail or make regular deliveries on that day.
m FIXTURES: A"Fixture"isanilemolproper1ywhichisph~sicallyatlachedloorsocloselyassocialedwithlandastobetrealedaspart
Deadlinesexpressedasaspecilicdayofthecalendaryearorasthedayofaspecilicevent,suchasclosing,expireatmidnightofthalday.
of Ihe real eslate. including, without limitalion, physicallyaltached items not easily removable without damage tothe property, items
specilicallyadaptedtotheproperty,andile~nscustomarilytrealedasfixluresincludingbulnotlim~tedtoall:perennialcrops:garden bulbs:
MAP OF THE PROPERTY: See lines 286 to 291
p1ants:shrubs:treesandfences. CAUTION: ANNUALCROPSARENOJINCLUDEOINTHEPURCHASEPRlCEUNLESSOTHERWISEAGREEDATLlRES131~I~.
m BOUNDARY MAP: AmapofthePropertyprepared byalicensedlandsurveyorwhichidentiliesthelegaldescriptionand boundaries
of the property. A "boundary map" also includes the staking 01 all corners of the Property by the surveyor.
MORTGAGE INSPECTION MAP: A mapof LheProperlyprepared byalicensed land surveyorwhich identiliesthelegaldescriplic
of the Property. the boundaries 01 the Property and the location 01 improvements.
SURVEY MAP: AmapolthePropertypreparedbyalicensedlandsurveyor,datednomoreIhansixmonthspriortothescheduled
closing date, containing the ALTA certification and showing: complete legal descriplion of the Properly: dedicated and apparent
streets; boundaries: lot dimensions: acreage or square footage: existing improvements: easements and rights-of-way and visible
0
226 encroachments upon the Property.
227 TIME IS OF THE ESSENCE: If"TimeisoftheEssence"appliestoadateordeadline.failuretoperformbytheexaclda1eordeadline
- 229 -1he-dale~or deadline is-allowed before a breach occurs. See lines.25 to 27.
228 isabreachofcontract.If"TimeisoftheEssence"doesnotapplytoadateordeadline,thenperlormancewithinareasonabletimeO~
230 LPROVISIONS RELATED TO FINANCING
231 LOAN COMMITMENT: II this Offer is contingent on linancing, Buyer agrees to pay all customary financing costs (including Closing
233 financingorotherfinancingacceptabletoBuyer.BuyeragreestodelivertoSeller,orSeller'sagent,acopyofthewrittenloancommitment
232 fees), to promptly apply lor financing and to promptly provide evidence of application upon request of Seller. If Buyer qualifies for said
234 no later than the deadline for loan commitment under the Financing Contingency. If Buyer does not make timely delivery Of said
235 commitment. Seller may terminate this Offer if Seller delivers a written notice of termination to Buyer prior to Seller's aclual receipt of
236 a copy of Buyer's writlen loan commitment.
237 FINANCING UNAVAILABILITY If thi9Olfer is contingent on financing and linancing is not available on the terms stated. Buyer shall
238 promptlydeliverwritten noticetoSellerof sameincludingcopiesoflender(s)'rejection lelter(s)orotherevidenceof unavailability. Unless
239 a specific loan source is named in the financing conlingency. Seller shall then have 5 days to give Buyer written nOtiCe Of Seller's
240 decision to finance this transaction on the same terms sel forth herein, and this Offer shall remain full force and effect, with the time for
242 LAND CONTRACT: If this Offer provides for a land contract, prior to execution of the land contract Seller shall provide the Same
241 closing exlended accordingly, If Seller's notice is not timely given, this Offer shall be null and void.
243 evidence 01 merchantable title as required above and written proof, at or before execution, that the total underlying indebtedness. if any.
245 obligations of Seller on the underlying indebtedness. and that all creditors whose consent is required have considered to the land
244 is not in excess of the proposed balance of the land contract. thal the payments on the land contract are sullicient to meet all Of the
74fi cnnlracl'sale~ If individual oarcels of the Prooertv are beina released on paydown on the land contract, the terms and condilions Of
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247 such releases should be included in the land contract.
248 CAUTION: /I Buyer requlres llnenclng lor conslrucllon or development, conslder addlng a conllngency lor that Purpose.
r~ ~~ ~ ~
20.00 Foot Permanent Smitarr Sewer Eaenent
Ciry oiivIuskego
$11 that pan of the Souha: one quarter of the Northeast one quarter; Section 25, Tom
5 Nod, Range 20 Ear, Ciry of Muskego,
Comnencing at he Sourheasi cone: of Tax Key Parcel No. 2257.981, thence Noheriy
along he West right-of-;vay of North Cape Road, 104.74 fett to the point of beginning of
a centerline for a 20.00 foor wide sanitary sewer easement; thence Wssrerly, 73.63 kt to
whicn is lj0.35 feet more or less West of he Southeasr comer of the Tax Key Parcd No.
an ang!e point; thence Sourhwesterly, 119.30 feet more or less io the point of te,.inination
2257.981, containing 0.08866 acres.
Together with 10.00 foot wide temporaq constroction easements lying parallel 2nd
adjacent to and on both sides of he above described 20.00 foot wide permanent sanirq
se'h;er taement.
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