CCR1997140COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #140-97
RESOLUTION AS TO OFFER TO PURCHASE
Benke
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.
zero dollars and necessary closing documents, which are part of
BE IT FURTHER RESOLVED that the Mayor is authorized to make
necessary technical changes in consultation with the City
Attorney if needed to facilitate timely execution of the Offer.
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 DAY OF JUNE , 1997.
SPONSORED BY:
PUBLIC UTILITIES COMMITTEE
Ald. David J. Sanders
Ald. Donna M. Woodard
Ald. Mark A. Slocomb
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #140-97 which was adopted by the Common Council of the
Clerk-Treasurer
6/97 jmb
ENERAL PROVISIONS
3 TheBuyer, CITY OF MUSKEGO, A Wisconsin Municipal Corporation
4 property known as see attached leqal description
- ollers IO purchase lhe
5 in the City Of Muskeqo , county of - Waukesha ___ ,Wisconsin.
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6 (Additional descriplion. il any:)
7
8 I PURCHASE PRICE:
"~ " __ on Ihe following terms:
....................................
g ................................ Dollars (=on """"""_""
10 I EARNEST MONEY of $-
I.
11 money of $ n/a in the form 01 n/a
in the form 01 n/a - accompanies this Oller and earnest
will be paid wilhin- days 01 acceptance.
12 I THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent al closing unless olherwise provided below.
13 I ADDITIONAL ITEMS INCLUDED IN PURCHASE PRICE: Seller shall include in Ihe purchase price and transler, tree and clear 01
14 encumbrances. all lixlures, as delined at lines 214 lo 21 7 and as may be on the Property on lhe date of lhis Oller. unless excluded al lines
15 17-18. and the lollowing additional items: mP
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"_""""""
~ ~ 1 :; I-ESE PRICE: 11(1-
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19 I PROPERTY CONDITION REPnESENTATIONS: Seller represents Io Buyer that as of the date 01 acceplance Seller has no nolice or
20 knowledge of conditions allecling the Property or transaction (as delined a1 lines 178 10 200)
21 '
22 (COMPLETE DATE OR STRIKE AS APPLlCAELEl and none
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24 I ZONING: Seller represents that the Property is zoned -
25 I TIME IS OF THE ESSENCE as to: (1)m-P (2) binding acceplance; (3) occupancy; (1) dale of closing
TRIKE AS APPLICABLE] and all olher dates and deadlines in lhis Oller except: JQne ___
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PRoVISloNS AND ADDENDA i See lines 252 to 305 lor optional provisions including conllngencies. See line 306 IO
29 delermine if addenda, riders or other documenls have been made a part of this Ofler.
30 LADDITIONAL PROVISIONS I Seller and his remaining property shall remain responsible for all
31 liabilities which are the responsibility of the owner of the fee title such as all property
32 taxes in the year of closing and prior thereto as to the entire property irlcludiny that sold
33 to the City of Muskeqo and all special assessments and similar charges previously assessed ~~~
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Rider for additional provisions.
35 I BINDING ACCEPTANCE: Thisoffer is binding upon bolh parliesonlyifacOpyof lheacceptfd Ollerisdelwered IoBuyeronor brfOre
36 - </'I "IC. 2'V
37 I DELIVERY OF DOCUMENTS AND WRITTEN NOTICES: Unless otherwise staled in this Oller. delivery 01 documenls and wrltten
CAUTION: Thls Oller may be wllhdrawn prlor lo dellvery of Ihe accepled Ofler.
38 notices to a party shall be efleclive only when accomplished in any of the following ways'
40 partyat: Buyer: City of Muskeqo, P.O. Box 903, Muskeqo, WI 53150, Attn: Mayor David L. De"mge1
39 (1) By depositing the document or written notice postage orfeesprepaid in the U.S. Mail oracornmercial delivery system addressed Io lhe
41 Seller: -1 Benlce, S68 W13910 Bristlecone Lane, Muskeqo, WI 53150
43 (3) By electronically transmilling the documenl or writlen nolice lo the following Ielephone number
42 (2) By giving the document or written notice personally to the party:
,997
44 Buyer: (41p)-67!&5L~ Seller:
45 LOCCUPANCY AND RELATED PROVISIONS
46 OCCUPANCY 01 the premises __ - ~ ~
Buyer at lime of closing unless olherwise agreed in writing. CAUTION: Conslder an agreement whicII addresses
clearlng the Property 01 personal property and debris, I1 sppllcable.
49 I LEASE0 PROPERTY. If Property is currently leased and leases extend beyond closing. Seller shall assign Seller's rights under Said
50 lease(s) and translerall securitydeposils and prepaid rents lhereunderto Buyerat closing. The terms of lhe(wri1ten) (oral) [STRIKE ONE 1
51 lease(s). if any, are m-
52 I CLOSING: This transaction is to be closed at the place designated by Buyer's mortgagee or MUSkWO City Hall
53 no later than < ,,,ljlr . - ,,' , 1997, unless another date or place is agreed 10 in wriling.
54 I"
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55 property owner's association assessments. fuel and
56 Any income, taxes or expenses shall accrue lo Seller and be prorated throug
\57 Net general real estate taxes shall be prorated based on (the net general rea1
58 net general real estate laxes lor the preceedlng year) (
59 \, ). [STRIKE AWBTT?LGE AS APPLICABLE1 CAUTION: I1 Properly has no1 been
64 igs
65 I 3ce 01 lille by- an owner'spolicyol lillc
66 insurance [STRIKE AS APPLICABLE] as lurther described a1 lines 155 to 169. .
67 rn CONVEYANCE OF TITLE: Upon paymenl 01 the purchase price, Seller shall convey Ihe Property by warranty deecl tor other
69 entered under them, recorded easenienls for the dislribulion 01 ulility and municipal services, iecot'ded bullding and use reslriclions an(I
68 conveyance as provlded herein) free and clear of all liens and encunlbrances. except: municipal and zoning Ordinances and agreements
70 covenants. general laxes levied in Ih: year 01 closing &
71 1provided.none 01 Ihe loregoing prohibit present use of llie Ploperly). wIIIch co11slilules mercllanlable lllle
72 lor purposes 01 this Iransaclion. Selletlurther agrees Io conlplele and execute tile (locumerlls necessafy IO record tI7e conveyance.
73 CAUTION: SEE LINES 74 TO 82.
nkemeenlemplaled.
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ISSUES RELATED TO PROPERTY DEVELOPMENT
page 2 01 4 -- VACANT LAND
addressed lo ensure Ihs developmenl or new use Is posslble. Munlclpal and zonlng ordlnances. recorded bulldlng and use reslrlcllonr,
WARNING: I/Buyerconfeinplefar developlng PropeHy ora use other than Ihe current use. llrere are a varlely 01 Issues whlch should be
covsnanls and easemenls may prohlbll carlaln lmprovemenls or uses and therefore should be revlewed. Bulldlng permlls. zonlng
lnslallallonolroadsorulllllles, envlronmenlal audlls. Subsol1 lesls, SIC.. may need lo beoblalnedlo delermlne Ihe Ieaslbllllyoldevelopmenl
verlences, Archllaclural Conlrol Commlllee approvals, esllmales lor ullllly hook-up expenses, speclal assessmen1 charges lor
252 lo 305 olfhls Ollerend Buyer may edd conllngencles as needed In eddanda whlch may be added lo thls Oller (see Ilne 306). Buycr
of, ora parllcularuse lor, a properly. Opllonalconllngencles whlch allow Buyer lo lrrvesllgale cerlalrl 01 lhese Issues can be loundelllnes
should revlew any plans for developmenl or use changes Io delermlne whal Issues should be addressed Irl conflrrgerrcles lo thls Offer.
I INSPECTIONS: Seller agrees to allow Buyer's inspectors reasonable access to the Property upon reasonable nolice and gives Buyer's
inspeclors permission to perform tests 01 the Property. if the inspeclions and the tests are reasonably necessary to satisfy the contingencies
in lhis Offer. Buyer agrees to promptly provide copies of all such inspection reporls 10 Seller, and to listing broker 11 Property is listed.
otherwise agreed with Seller. CAUTION: Seller acknowledges lhal unless nrodllied, the conllngencies al lines 252 lo 305 authorlze
Furthermore. Buyer agrees to promplly restore Ihe property to ils original condilion aller Buyer's inspeclions are compleled. unless
Buver's lnroecton to lake sol1 samole?l whlch may delecl envlronmenlal conlamlnation whlch may be requlred lo be reported to lhe .. " I -- - .~~-r 1 90 Wlsconsln Departmenl of Nalural Resources.
1-92- occupaacy=by,Euy~r.in maler~a_lly~e.samec_ondilion as 01 IhecJaIe 01 acceplance of this Offer. If. prior to the earlier 01 closing or
91 a PROPERTY DAMAGE BETWEEN ACCEPTANCE AND CLOSING: Seller shall maintarn Ihe Properly until the earlier 01 closing or
93 occunancv bv Buver. the Prooerlv is darnabed in an amount 01 no: more'ttian live cieice~rit [5C/~)~ol'llie~sellin~-prlce. Seller shall be obligated .~ ~-~~., ~, , .
94 to restore the Property. If Seller is unableto reslore the Property, Seller shall promplly nolily Buyer ihkriting and lhls Oller may be
95 cancelledaltheoplionollheBuyer.IIlhedamageshalle~ceedsuchsum,SellershallpromptlynotilyBuyerinwrit~ngollhedamageand
96 this Oller may be cancelled a1 option of Buyer. Should Buyer elecl Io carry oul this Ofler despite such damage, Buyer shall be enlitled to
97 anv insurance oroceeds relalina to the damaoe to the Prooertv. olus a credit towards the purchase price eaual IO the amount 01 Seller's
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98 deductible on such policy.
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a PRE-CLOSING INSPECTION: At a reasonable time, preapproved by Seller or Seller's agent. within 3 days before closing, Buyer shall
have the right to inspect the Property to determine lhal lhere has been no signilicant change in the condilion 01 the Property. except lor
changes approved by Buyer
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Buyer acknowledges lhal Propertydimensions. IOlal square IOOlage. lotal acreage and allocation 01 acreage intormation provided to Buyer
verllied by survey. CAUTION: Buyer should verily Properly dimensions. lolal square footage. total acreage or allocallon 01 acreage by
by Seller or Seller's agenl(s) are approximale and, unless a survey has been provided. the Property dimenslons have not been
survey I1 malerlal to Buyer's declolon to purchase. See llnes 286 lo 281.
L-zii5]
or both of the properlies is used and occupied lor farming or grazing purposes. CAUTION: Conslder an agreemenl addresslng
Wisconsin Srarures seclion90.03 requires Ihe owners oladjoining properties lo keep and maintain legal lences in equal shares where one
responslblllly lor lences I1 Properly or adlolnlng land Is used and occupled lor larmlng or grazlng purposes.
Seller and Buyer each have Ihe legal duly to use good lailli and due diligence In compleling the terms and conditions 01 thls Oller. A
material lailurelo perform any obligation under lhis Oller is adelarrlr whichmaysubjccr Ihedelaulling parly 10 llability lor damagesor other
legal remedies.
I1 Buyer defaults, Seller may:
(1) sue lor specific perlormance and request the earnesl money as partml paymenl 01 llle purchase price: or
(2) terminate Ihe Oller and have Ihe option to: (a) requesl the earnest money as liquidated damages. or (b) dlrecl Broker lo relurn the
I1 Seller defaulfs, Buyer may:
(1) sue lor specilic perlormance; or
(2) terminate lhe Oller and requesl the relurn 01 the earnesl money, sue lor aclual damages, or both
In addition. the Parlies may seek any other remedies available in law or equily.
01 Ihe courts. II either Party delaulls, Ihe Parties may renegotiate the Ofler or seek nonjudicial dispute resolution instead 01 the renledles
TheParliesunclerslandlhatlheavailabilityolany~udicialremedywilldependuponthecirct~mslancesollhesitr~alionandthediscrct~on
outlined above. By agreeing lo binding arbitralion. the Parties may lose Ihe right to litigate In a court of law lhose dispules covered by Ihe
arbitration agreemenl.
earnest money and have the option to we lor actual damages.
NOTE: WISCONSIN LICENSELAWPROHIBITS A BROKER FROM GIVING ADVICE OR OPINIONS CONCERNING THE LEGAL
RIGHTS OR OBLIGATIONS OF PARTIES TO A TRANSACTION OR 1-HE LEGAL EFFECT OF A SPECIFIC CONTRACT OR
CONVEYANCE. AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS REQUIRED. Buyer's or Seller's legal righl lo
earnest money cannot be determined by Broker. In Ihe absence of a mutual agreement by the Parlies, eorrlesl money will be
131 distributed as set forth In lines 133 to 154.
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LEARNEST MONEY
I HELD BY: Earnesl money, il held by a broker, shall be held in the trust accounl of llle broker dralling Ihe Ofler prior Io aCCeptanCeol
Oller and in the trust account of the listing broker (buyer's agent if Properly IS not listed) aller acceptance until applied lo purchase priceor
otherwise disbursed as provided in the Oller. II negotialions do not resull in an accepled oller, the earnesl money shall be promptly
disbursed (alter clearance from payor's deposilory instltution if earnesl money is paid by check) to the person who paid the earnesl
money. CAUTION: I/ someone other than Buyer makes paymenl 01 earnest money on behall of Buyer, conslder a speclal agreemenl
a DISBURSEMENT: At closing, ealnest money shall be disbursed according Io the closing slalemenl I1 this Oller does not close, the
regardlng dlsbursemenl.
earnest money shall be disbursed according to a wrilten disbursement agreement signed by all Parlies Io this Oller. II said disbursement
agreement has no1 been delivered to broker within 60 days after Ihe date set lor closing, broker may disburse the earnest money: (1) as
directed by an attorney who has reviewed the transaclion and does no1 represent Buyer or Seller: (2) into a court hearing a lawsuil involving
the earnest money and all Parlies to lhis Ofler: (3) as directed by courl order; or (4) any other disbursemenl required or allowed by law.
Brokermayrelainlegalservicestodirectdisburse~nenlper(lIortolileaninterpleaderaclionper(2)nnd.~nsuchevenl,brokermaydeducl
from the earnest money any cosls and reasonable attorneys fees, not to exceed $250, prior lo disbursement Should persons other lhan
a LEGAL RIGHTSIACTION: Broker'sdisbursement of earnest money does not delermine the legal rigllls of the Parties in relation lo this
broker hold earnesl money, an escrow agreemenl should be dralled by the Parties or an attorney lor Buyer or Seller
Buyer or Seller disagree wilh broker's proposeddisbursement. a lawsuit may be liled tooblain acourl order regarding disbursemenl. Small
Oller.Atleast30dayspriorlodisbursementper(1)or(4),brokershallsendBuyerandSellernoticeofthedisbursemenlbycertiliedmail.II
Claims Court has jurisdiction over all earnest nioney disputes arising out of Ihe sale 01 residential properly will) 1-4 dwetllng umts and
certain other earnest money dispules. The Buyer and Seller should consider consulting allorneys regarding lhelr legal rights under lhis
Oller in case 01 a dispute.
Both Parlies agree to hold Ihe broker harmless Iron1 any liability for good laith disbursement of earnest money in accordance with this
Offer - or applicable Deparlmenl ol Regulalion and Licensing regulations concerning earnest money. (Wis Admmislrallve Code RL 18.)
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S5 LTI"' EVIDENCE
56 m FORM OF TITLE EVIDENCE: Seller shall gave evldence 01 lilk (as seleclvd a1 1111~5 G5 10 GG) Io Ihe Propuly 111 the lorill GI (I&
58 insurance in the amount of the purchase price on a current ALTA lorm Issued 11y an insllrcr lmnsed 10 wrilc l~lle iltsLjrancI: ill Wisconsin
(2) an owner's policy 01 l~llc
59 m PROVISION OF MERCHANTABLE TITLE: Seller shall pay all cusls 01 providing title eviderlce. For purposes 01 clus#ng. t~ltL'cvide!~ce
60 shall beacceplable il Ihe abSIraCI or a comnlilmenl lor the reqtjired lllle insurance is delivered to Buyer's atlorney or to Buyer not less than 3
61 btAsitiess days belore closing. showing lille lo the Properly rls 01 a dale no more than 15 cl;lyS belorc delivery 01 SbKh litlr evldcnce 10 be
vchantable. subject only lo liens which will be paid out 01 the proceeds 01 closmg alld stilndard ilbslrilct cellilicale lilllililllolls or
64 m TSE ACCEPTABLE FOR CLOSING: IIlilleisnolacceptablelorclosing,Buyersllallnol~lySellerinwrilingolobjectionslotitlebythe
65 limesellorclosing.lnsuchevenl.Sellershallhaveareasonablelime.bulnolexceeding15days.torelnovclhcobjeclions.andlllclimclor
66 closlngshall beexlended asnecessarylorlhis purpose. In lheevenl Ihal Seller isunablelorcnlove Saidobjeclions, Buyer shall hnve5days
67 lrom receipt 01 nolice Ihereol. lo deliver wrilten nolice waiving the objeclions. and the lime lor closing shall be extended accordingly I1
68 Buyer does not waive the objeclions. this Oller Shall be null and void. Providing litleevidence acceplable lor closing does not exlinglais11
69 Seller's obligations to give merchantable litle to Buyer
70 1 ENTIRE CONTRACT \
p;,qJ'3<,1 I VAi,\l.tI L,:ldt,
57 5 " ..
ndard lille insurance requirements and exceplions, as appropriate.
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71 This Offer, including any amendmenls. contains llle entlre agreement 01 Ihe Parlies regarding llle lransaclion All prior negoliations and
72 discussions have been merged inlo lhis Oller This agreement binds and Inures 10 llle bene111 01 the Patties to this Offer and their
73 successors in interest.
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75 I ACCEPTANCE: Acceptance occurs when all Buyers and Sdlers have slgned Ihe Oller. See llnes 35 and 36 regarding bindlng
,77 TIME FORXH BlNDlNG ACCEPTANCE AND PERFORMANCE.
76 acceptance. CAUTION: CONSIDER WHETHER SHORT TERM DEADLINES RUNNING FROMACCEPTANCEPROVlDEADEOUATE
178 I CONDITIONS AFFEZNG THE PROPERTY OR TRANSACTION: A '"condition allecling Ihe Properly or transaction" is delined as
179 lollOwS:
180 (a) Planned or commenced public improvemenls which nlay result in special assessnlellls or Olllerwise lnalerlally allecl llle PIoperty or
182 (b) Governmenl agency or COW order requiring repair, alleralion or correclion 01 any exlsling condition;
183 (c) Completed or pending reassessment 01 the Properly lor properly tax purposes;
184 (d) Any land division involving the Property. lor which required Slale or local approvals were not obtained;
185 (e) Anyporlionol Ihe Properly bemg In a 100year Iloodplain. a welland or shoreland zonlngarea under local. slate or lederal regulations;
186 (I) Any porlionol the Properly beingsubjeclto.or invlolalion 01. a Farmland Preservation Agreement undera Counly Farniland Preservalion
188 (g) Boundarydispulesormaterialviolatlonollencelaws (Wis.Stats. Chapter90) which reqljire Iheerectionandmainlenanceol legal lences
187 Plan or enrolled in. or in violation 01. a Forest Crop, Woodland Tax. Managed Forest. Conservalion Reserve or comparable program;
I81 the present use 01 the Property;
;:% 189 belweenadjoiningpropenieswhereoneorbolhofthepropeniesisusedandoccupiedlorfarrningorgrazingpurposes: Seelines 107 to 110
19 UndergroundstoragetanksontheProperlyforslorageofllamnlableorcombustibteliquids~ncludit~gbutnollimtledtogasolineand
h) Malerial violalions 01 environmental rules or other rules or agreemenls regulaltng Ihe use 01 Ihe Properly;
Conditions consliluting a significant health or Salely hazard lor occupanls of Properly;
I93 healing oil; NOTE: Wlrconslrt Admlnlslrallve Code, ChapferlLHR 1Oconlalnrregfslrallonandoperallonruleslorsuchunderground
I94
195 (k) Undergro~rndstoragetankslorstorageolllammableorcombuslibleliqu~dsincludingbulnollinl~tedlogasolineand healingoil,wlllch
storage lanks.
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197 (I) Hlgh vollage electric (100 KV or greater) or Steel natural gas lransmission lines localcd on bul 1101 directly serving lhe Propctly.
were previously located on the Property:
198 (rn) Wells on Ihe Properly requored to be ilbondoned (Wts. Adtn Code NR 112.26) b~11 wlllcll arc 1101 allancloned according Io s11tIc
!OO (n) Cislerns or septic tanks on llle Properly which are currently no1 servicing Ihe Property;
!01 (0) Subsoil conditions which would signilicanlly increase the Cost ol thedevelopmenl proposed at lines268 Io 269, if any. includlng.
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hut no1 limbled lo. subsurlilce loundatiolis. organlc or non-organic fill. dumpsites or conlainers on Properly which conlained or
currenlly conlain IOXIC or hazardous tnalerials, high groundwater, so11 conditions (e.g. low load bcarlng capacity) or excessive
?05 (p) A lack 01 legal velllcular access lo Ihe Properly from public roads:
?04 rocks or rock lormations on Ihe Properly:
206 (4) Prior reimbursement lor correclive aclion cosls under lhe Agricultural Chemical Cleanup Program: (Wis. Slats. 594.73 )
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!07 (r) Otherconditionsoroccurrenceswhichwouldsignilicantlyincreasethecoslollhedevelopmenlproposedatlines268 to 269 or reduce the
valueoflheProperlytoareasonablepersonw~lhknowledgeol1henalureanUscopeolthecond~lionoroccurrence.See lines 19 to 23.
?09 DI3: Deadlines expressed asa specific number 0l"days" lrom the occurrence of an evenl. such as acceplance. are calcltlaled by
21 1 numberol "businessdays"exc1udeSaturdays. Sundaysandany legal public holiday under Wisconsin or Federal law. or other holiday
!10 excluding the day Ihe event occurred. The deadline then expires at midnighl on Ihe 1851 day. Deadlines expressed as a specific
?12 designated by lhe Presidenl such lhal Ihe postal service does no1 recelve registered mail or make regular deliverles on Ihal day.
213 Deadlinesexpressedasaspecificdayolthecalendaryearoraslhedayolaspecilicevenl.s~tchasclosing,expirealm~dnighlolthatday.
714 m C!XTURES: A"Fixlure"isanilemolproperlywhichisphysicallyallachedloorsocloselyassociatedwilhlandaslobelrealedaspart
215 01 Ihe real eslale, including, without limilation. physically atlached items not easily removable wilhoul damage 10 Ihe property, ilems
217 plants;shrubs;treesandlences. CAUTION: ANNUALCROPSARENOJlNCLUOEOIN~HHEPURCHASEPRlCEUNLESSOJHERWlSEACREEDATLfNES13lolB.
216 spec~iicaltyadaptedtolheproperly,andilemscustomarilylrealedaslixluresincludingbulnotlimiledloall:perenn~alcrops;gardenbulbs;
218 I MAP OF THE PROPERTY- See lines 286 10 291.
220 01 the properly. A "boundary map" also includes the slaking 01 all corners 01 the Property by Ihe surveyor
219 m BOUNDARY MAP: Amapol the Properly prepared by a licensed land surveyor which ldenlilles Ihe legal descriptlon and boundaries
MORTGAGE INSPECTION MAP: A mapol the Properly prepared bya licensedlatldsurveyorwhich idenlilieslllelegaldescription
22 the Properly. the boundaries of Ihe Property and the location 01 improvements.
224 closing date, containing the ALTA cerlilicalion and showing. complele legal description 01 rhe Properly: dedicaled and apparent
223 m SURVEY MAP: A mapol the Properly prepared bya licensed land surveyor, dated no more lhan six months prior lo the scheduled
225 streets; boundaries; lot dimensions: acreage or square lootage; existing improvements: easemenls and rlghts-of-way and visible
226 encroachments upon the Property.
227 I TIME IS OF THE ESSENCE: Il"TimeisollheEssenee"appliesloadateordeadline,lailureioperlormbylheexactdateordeadline
228 isa breach 01 conlract. I1"Time is 01 the Essence" does no1 apply to a date or deadline, then perlormance within a reasonable time 01
229 the date or deadline is allowed belore a breach occurs. See lines 25 10 27
I99 regulations:
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PROVISIONS RELATED TO FINANCING
.lees). Io promptly apply for financing and to protnplly provide evrderice 01 applicalion upon request 01 Seller. I1 Buyer qualilles lor said
m LOAN COMMITMENT- I1 1111s Oller is conlingcnl on linancing. Buyer agrees Io pay all customary lmancing cosls (Including closang
linallcingorotherlinancingacccplableloBuyer,BuyeragreeslodellvertoSeller,orSelle~'sagcnt.acopyollllewrillenloa~lco~nniilnlenl
comm(penl. Seller may lerminale this Offer il Seller delivers a writlen notice 01 lerminalion lo Buyer prlor Io Seller's aclual recupl 01
ndlater than the deadline lor loan comnlilment 1tltd2r Ihe Financing Conlingency. I1 Buyer does not make Ilniely delivery 01 sad
a copy o( Buyer's wrillen loan commitment.
FINANCING UNAVAILABILITY: 11 lhis Oller is contingent on llnancnng and linanciny IS no1 avatlable un llle terms slated, Buyer s11dll
a specilic loan source is named in llle linancing conlingency, Seller shall then have 5 days Io give Buyer wrlllen nolice 01 Seller's
promptlydeliverwritlen notice loseller 01 same includingcopiesol lender(s)'rejeclion leller(s) or other evidenceol unavallability. Unless
dec!s1on Io llnance this transaction on the same ler!lis sel lorlh herein, and this Oller shall remain lull lorce and ellecl. wilh Ihe l!me lor
rn LAN0 CONTRACT: ,!I Iliis Oller provides for a land conlract, prfor 10 execulion of (he land conlracl Seller shall provide Ihe sane
closing extended accordtngly. II Seller's diotlce is IIUI lunely given, Illis Oller shall be null and void.
evidence 01 nlerchanlable~lille as required above and wrillen prool. a1 or belore,execulion, lllal llle lolal underlying lndebtedrless, il any.
is not in excess 01 the propesed balance 01 the land contracl. that Ihe payments on Ihe land cotilracl are sullicienl lo meel a11 01 llle
obltgalions of Seller On Ihe underlying indebtedness. and lhal all credilors whose consent IS required have considered 10 the land
conlract sale. I1 indtvidual parcels 01 lhe Propetty are being released on paydown on the larid cooltact, the w,ms and colldillorls
such releases should be included in Ihe land conlracl.
-*"r'n'' 1' " I. -*- I--+ ~l---*l-n ~n-r-~r*lr~~~~ nrAnvnrnnmnrrt Pnnq~r~p, .,ddlnn il rnn,~nnPn,.v fnr I,,nl n,,,nnle
249 PROPERTY DESCRIPTION Seeatt.arhprlpAF.rriptinn -~ page 4 01 4 - VACANT LAND 1 250 1 OPTIONAL PROVISIONS THE PROVISIONS ON LINES 252 THROUGH 306 ARE A PART OF THIS OFFER IF MARKED,
25 1 SUCH AS WITH AN "X. THEY ARE NOT PART OF THIS OFFER IF MARKED NIA OR ARE LEFT BLANK.
252 0 FINANCING CONTINGENCY: This Ollerisconlingenlupon Buyerbeingablelooblain. wilhin - daysolaccepranceollhis Oller.
253 a [STATE LOAN PROGRAM AND STATE IF CONSTRUCTION LOAN]
254 (lixed) (adjuslable) [STRIKE ONE] rale lirsl morlgage loan commilnlenl. in an amounl 01 nor less lhan $- lor a lerm 01
255 nor less lhen __ years. amorlized over no1 less lhan __ years. I1 Ihe purchase price under /his Oller is modil!ed. lhe loan amounl.
256 unless otherwise provided. shell be adjusled Io Ihe same percenlage 01 Ihe purchase price as in lhis conlingency and Ihe monlhly
257 paymenls shall be adjusled as necessary 10 mainlaiir Ihe lerm and amorlizalion slalcd above.
258 IF FINANCING IS FIXED RATEIheannualrateoIinreresIshallnotexceed~ %andmonlhlypaymenlsolprincrpalandinlereslshall
259 no1 exceed t
261 lor __ monlhs. a1 which lime lhe inleresl rale may be increased no1 more lhan __ 9b per year. The maximum inleresl rale during
260 IF FINANCING IS ADJUSTABLE RATE Ihe inilial annual inleresl rale shall nor exceed __ %. The inilial inleresl rale shall be lixed
263 -~MbnlmlY-~a~manlSoI prhlciual and lnferesfmay ~eadjusred~lo~rc!lect.inlere~l.cha,~ges. -. . -- .- -- -_ 262 lhe morlgage lerm shall no1 exceed __ %. lnilial monlhly paymenrs 01 principal and fnleresl shall no1 exceed 8 - _" - "- - -
I .. .
264 MONTHLY PAYMENTS MAY ALSO INCLUDE 11121h 01 lhe eslimaled ne1 annual real eslale laxes. hazard insurance premil~ms, and
265 privalemorlgageinsuranceprerniums. The morlgagemaynolinclude aprepaymenl premwn Buyer agrees lopaya loan leein an amoilnl
266 no1 lo exceed __ %of Iheloan. [Loan lee refers lobiscounlpoinls andlor loan origination lee, bul DOES NO Tinclude Buyer's olher
267 closing cosls.] SEE LINES 230 TO 248 FOR ADDITIONAL FIN.1NCING PROVISIONS.
268 0 PROPOSED USE CONTINGENCY: Buyer is purchasing Ihe properly lor Ihe purpose 01: -
This Oller is confingenl upon Buyer oblaining llrc lollowing [CHECK ITEMS THAT APPLY].
0 Wrillen evidence a1 (Buyer's) (Seller's) [S TRIKE ONE] expense lrom a qualilied soils experl lhal rhe Properly is Iree oi any
,27 2
273
274
275
276
277
279
278
280
28 1
282
283
285
284
286
287
288
289
29 1
290
292
293
294
subsoilcondilion which wouldn~akelheproposeddevelopmenlimpossibleorsignilicanllyincreaserhecoslsolsuchdevelopmenl:
see line 88.
indicales lhal Ihe Properly's soils a1 localions selecled by Buyer and all olher condilions which musl be approved Io oblain a perrnil
0 Wrillen evidence a1 (Buyer's) (Seller's) [STRIKE ONE] expense lrom a cerlilied soils lesler or ollrer qualrlied experl lhal
lor a privale convenlional seplic syslem lor:
[inserl proposed use 01 Properly: e.g.. lltree bedroom single lamily home1 meal applicable codes in ellecr as 01 Ihe dale ollhis Ol/er.
pressure dislribulion syslems lor Ihe purposes 01 lhis conlingency. A convenlional syslem does nor include a holding lar~k, privy.
A convenlional sysrem (does) (does nor) [STRIKE ONE] include allernale privale syslenls such as mound syslems or in-ground
composling loilel or chemical loilel.
Ihe Properly and a wrillen determinalion by a qualilied independenl rhird parry. a1 Buyer's expense, lhal none 01 lhese prohibir or
0 Copies af(8uyer's) (Seller's) IS TRIKE ONE] expense olallpublic andprivaleeasemenls. covenanls andreslriclions allecling
signilicanlly delay or increase Ihe cosls 01 Ihe proposed use or developmenl idenlilied a1 lines 268 Io 269.
such permils. approvals end licenses a1 (Buyer>) (Seller's) expense lor Ihe lollowing ilems relaled lo Ihe proposed
0 Permils, approvals andlicenses, asappropriale. orlhelinaldiscrerionaryaclion by Ihe granling a~rlhorilypriorlolheissuance 01
~ ~~~ _____ ~ ~~
0 A map 01 lhe Properly a1 (Buyer's) (Seller's) [STRIKE ONE] expense 01 Ihe lollowing lype:
See lines 278 lo 226 lor delinilions 01 each map lype. I1 lhis paragraph is checked bul more lhan one lype or no lype is selected. a
0 a boundary map: 0 morlgage inspeclion map: 0 survey map [CHECK ONE BOX TO DESIGNATE MAP TYPE1
boundarymapisdeemedselecled. CAUTION: Consldercoslandfheneedlorlhelealuresollhevarlousmaplypesbeloremaklng
a selecllon. The map 01 Ihe Properly shall show no signilicanl encroachmenls or any inlormalion malerially inconsislenl wilh Ihc
prior represenlalions lo Buyer or which would render Ihe proposed developmertl impossible or siynilicanlly increase ils cos/.
0 Wrillenevidenceal(Buyer's)(Seller>~ [STRIKE ONE] expenselhallhelollowingulililyconneclionsarelocaledaslollows(e.g. on
Ihe Properly, a1 lhe Io1 line. across lhe slreel. elc.): eleclricily __
municipal sewer
~
-. gas
, municipal waler"
.~.
, relephone..
Olher STRIKE AND COMPLETE AS APPLlCABLE1. 0 Thls conllngency shall be deemed sallslled unless Buyer wflhln __ days 01 accepJnce dellvers wflllen nollce lo Seller specllylng
297 those Items 01 fhls conllngency whlch cannol be sallslled and wrlllen evldence subslanllallng why each speclllc Ifem lncludedln Buye<s
298 nollce cannol be sallslled.
299 c] fNSPECTlON CONTINGENCY: This Oller is conlingenl upon a qualilred inspeclor(s) conducling an inspcclion(s). a1 Buyer's
300 expense. ol Ihe Properly and - wltich discloses
301 nodeleclsasdalined below. Thfs conlirrgencyshall bedeefrledsalisliedunless Buyer wilhifl ~ days olaccepfancedelivers roSellera
303 lhepurposes ollhis conlingencya deleclis delinedas anycondilion ollhe Properly which Conslilules a signiiicanl lhreallo lhe heallh or
302 copy 01 the inspeclor's wrillen inspeclion reporl anda wrillen nolice lisling /he deleclsrdenliliedin lhereporl lo which Buyerobjecls. For
304 salelyolpersonswhooccupyormakeuseolilorgivesevidenccolanymalerialuse,slorageordisporalolhazardousorloxicsubslances
305 on Iheproperly. original of the closing and
306 0 THER: Thdallached dncllmPntsshall_heexecut.e~~~lleronfnKe~/are made par1 01 lhis Oller.
308 DOCUMENT. BROKERS MAY PROVIDE A GEHERAL EXPLANATION OF THE PROVISIONS OF THE OFFER BUT ARE PROHIBITED BY LAW
307 IF ACCEPTED. THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT. BOTH PARTIES SHOULD CAREFULLY READ THIS
309 FROM GIVING AOVlCE OR OPINIONS CONCERNING YOUR LEGAL RIGHTS UNDER THIS OFFER OR HOW TITLE SHOULD BE TAKEN AT CLOSING.
310 AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS HEEDED.
Ioalel
315 1.pv: 316 IBwar's S#gnalurelA Print Name here: +Jean K. Marenda, Clerk ID# -
317 EARNEST MONEY RECEIPT Broker acknowledges receipt of earnesl money as per line 10 01 the above Oller.
318 Broker (By)
- "
(O*lCl
?y9 SELLER ACCEPTS THIS OFFER. THE WARRANTIES, REPRESENTAtlONS AND COVENANTS MADE IN THIS OFFER SUnVlVE CLOSIHG AH0
TERMS AND CONDlTlOHS AS SET FORTH HEREIN AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS OFFER.
THE CONVEYANCE OF THE PROPERTY. THE UNDERSIGNED HEREBY AGREES TO CONVEY THE ABOVE-MENTIONED PROPERTY ON THE
322 1x1 323 [Seller's Signature11 Prim Name hem- Paul Benlte (Social Securrly NO 1 [Dale]
??6 Tt,iSOIler was presenled 10 Seller by on
377 rlis OFFER IS REJECTED
, 19-. at ~ a.m./p.m - THIS OFFER IS COUNTERED [See Jtlached counter]
>PI# #,,(I",, .
RIDER TO OFFER TO PURCHASE
Additional Provisions:
1. That the City of Muskego will continue to support Mr.
Benke's petition to be included in the sanitary sewer
district for the City of Muskego and will assist with
the property inclusion.
2. That the City does expressly represent and warrant that
the lift station which will be placed on the Benke
property will have the necessary capacity to sustain
any future development of Paul Benke and Marion
Schweitzer's property on Durham Drive.
3. That the City of Muskego will assess Paul Benke on the
Holz Drive sewer project for only one lot as opposed to
two lots on Holz Drive.
LEG.C DESCRIPTION
Ciry ofbvluskeso
Proposed Lift Sration Sire
Durham Drive zt Holz Drive
B~ing all that p2n ofrh- SouL5wes: 1/4 of Section 13, Town j Yorh, Range 10 Est, Cir/
of Mukcgo. ViaLksha Counry, Wisconsin, bounded and described as follows:
Commencing 2t the meznder comer on the North he of the SouL5west I/$ of said
Secuon 15, thencz X37'27'18"E; 643.77 feet along the Nod line of the Southwest 1/4 of
said Section 13 10 rhe centcrline of Durham Drive and the point of beFhaing of the lads a
hertin described; hence continuin% along said North line, N87a27'18''E, 153.41 fetr;
rhencc SO2"32'42"E, 50.69 feet; thenc: S46"56'00"W, 83.69 feet to the centerline of
Dub Dr.; thencc N4~'O:'OO"W, 138.21 fect along said ctnterline to the point of
beginning, conraining 0.2220 Ac (9,671 S.F.) more or less of land.
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 §32.05(2a)
Admitted this day of , 1997.
PAUL BENKE
DOROTHY C. BENKE
0 AMOUNT OF COMPENSATION PURSUANT
NOTICE OF RIGHT TO APPEAL THE
TO WISCONSIN STATUTE §32.05(2a)
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 set forth in Wisconsin
Statute 32.05(9) to (13) for appeals from an award under
Wisconsin Statute §32.05(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 , 1997.
CITY OF MUSKEG0
ATTEST:
David L. De Angelis, Mayor
Jean K. Marenda, Clerk
CERTIFICATE OF COMPENSATION
Document No.
Pursuant to Wisconsin Statute §32.05(2a),
Waukesha County Register of Deeds, Waukesha,
this document shall be recorded with the
Wisconsin.
That the City of Muskego has acquired fee
simple title in the property described
below pursuant to §32.05 of the Wisconsin
Statutes.
1. The identity of all persons having -
an interest of record in the property immediately prior to its conveyance is as
Return To:
follows City of Muskego
Paul Benke & Dorothy C. Benke, his wife
P.O. Box 903
in which fee simple title was acquired is
described as follows:
2. The legal description of the property Tax Key No.:
Part of MSKC 2211-999
See Attached Legal Description
Marked Exhibit "A"
3. The matter of the interest acquired and the compensation for
such acquisition is as follows:
The matter of the interest acquired is fee simple title
The amount of compensation is $0.00.
for sanitary sewer improvements.
Dated this day of , 1997.
CITY OF MUSKEG0
ATTEST :
David L. De Angelis, Mayor
CITY SEAL
Jean K. Marenda, Clerk
This Instrument Was Drafted By:
Arenz, Molter, Macy & Riffle, S..C
Attorney Donald S. Molter, Jr.
Waukesha, Wisconsin 53187-1348
720 N. East Avenue, P.O. Box 1348
LEG.AL DESCRIPTION
Ciry ofivluskqo
Proposed LL'i Swion Sire
Durham Drive at Holz Drive
aeing ail rhar pt~i of the Sourhwest 1/4 of Section 13, Town j Sorb Rmge 10 Em, CiKj
of Mukrgo, Piauksha County, Wisconsin, bounded and described a follows:
Commencing 2t the meander comer on the North line of the SouL5west 114 of szid
Section Ii; rhenc- X87"27'18"E., 643.77 feet along the Nonh line of the Southwest I/? of
said Section 12 to the centerhe of Durham Drive and the point of bernning of the lmds
herein described; hence condnuing along said North line, N87"27'18"E, 15:.41 fex;
thence S02"i2'42"E. 50.69 feet; thence S46"j6'OO"W, 8i.69 feet to rhe centerline ai'
Duh Dr., hence N4i0OS'OO"W, 138.71 feet along szid ceortrline to the point of
beginning, containing 0.1220 Ac (9,671 S.F.) more or less oiland.
WAIVER OF APPRAISAL, RECOMMENDATION & APPROVAL
Owner: Paul Benke and Dorothy C. Benke, his wife
Acquisition of: See Attached Legal Description
Interest Acquired: Fee Simple Title for Sanitary Sewer
Improvements
The undersigned owners of land designated as in the attached
legal description, containing approximately 0.2220 acres, agrees
to accept settlement in the amount of Zero ($0.00) Dollars as
full payment for the fee simple title stated, subject to the
approval of the City of Muskego.
The undersigned owners have been fully informed of the right
to have the property appraised, and to receive just compensation
based upon an appraisal, have decided to waive the right to an
appraisal.
The undersigned owners further state that the decision to
waive such right to an appraisal was made without undue influence
or coercive action of any nature.
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 , 1997.
PAULE BENKE
DOROTHY C. BENKE
I.
LEG.4L DESCRIPTION
Ciry of Muktgo
Proposed LL'i Sution Sire
Durham Drive at Holz Drive
Being 211 bar par of he Sourhwesr I/< of Section 13, Town 5 Nor&, Range 20 Est, Ciy
of Mukqo, Wau!!:sha County, Wisconsin, bounded and described as follows:
Commencins a ihe meznder corner on the North line of the Sourhwesr 1/4 of szld
Section 13, thence N57"27'18"E, 643.77 feet along the Nod line of he Southwest l/? of
srid Section 13 10 the centerhe of Durham Drive and the point of be@niq of the lads
herein described; thence continuins along said North line, N87"27'18"E, 153.41 feet;
thence SO2"32'+2"E. 50.69 feet; thence S46"j6'00"W, 83.69 fect to ihe ctnteriine of
Dub Dr., ihenct NS3"O:'OO"W, 138.21 feet dons srid centerline to the point of
be+ng, conraining 0.2220 Ac (9,671 S.F.) more or less of land.
e AMOUNT OF COMPENSATION PURSUANT
WAIVER OF APPEAL RIGHTS AS TO
TO WISCONSIN STATUTE §32 05
For valuable consideration, hereby acknowledged by the
undersigned, we hereby waive any and all rights that we may have
to appeal the award of compensation made under Wisconsin Statute
532 05.
Dated this day of , 1997.
PAUL BENKE
DOROTHY C. BENKE
I, 1 STATE BAR OF WISCONSIN FORM I - 1982
WARRANTY DEED
DOCUMENT NO.
~ ...~ ~ .. -- ~. ~ ." . "~
" . " ~~
This Deed, made belween - PAUL BENKE 6 DOROTHY C.
BENKE, his wife . ~.
"
and CITY 0 F MUSKEGO, a Wisconsin Municipal
, Granlnr.
, Grantee.
Witnesseth, Thal thr said Grantor, lor a valuable considerallon of
"nad and valchle consideratiw
conveys IO Grantee the lollowlng described real estate in Waukesha
County. Stale ol Wisconsin:
See Attached Legal Description
THIS SPACE RESERVED FOR RfCORDlNG OhTA
NhMf ANORETURNADDRESS
City of Muskego
P.O. Box 903
Muskego, WI 53150
Part of MSKC 2211-999
(Parcrl ldenlilicalion Number)
This isnap homrslesd propmy.
(is) (is "01)
Together with all and singular Ihe heredirarncnls and appurtenances Ihereunlo bclonging;
And _Eaul_Ben)ced~Doroth~cCBenlce,~~fp~~~-.--
warran15 lhal Ihe lille is good. indclcasible in Ire simple and lree and clear of encumbrances except recorded easement and
restrictions and municipal and zoning ordinances, and real estate taxes in year of
closing,
and will warrant and drlend Ihr same.
naled lhir - day or 19-
(SEAL) (SEAL)
PAUL BmE
(SEAL) (SEAL)
*LQROTHY C. BENKE
AUTHENTICATION ACKNOWLEDGMENT
Signalure(s) STATE OF WISCONSIN I ss.
JI
, 19" he above named -
Paul Benke h DoroLhy C. Benke
-p~ ~
,
'TII-LE MEMUER STATE UAR OF WISCONSIN
~-
\If nul.
" -
aul?orizcd by 9706.06, Win. Slals.) IO me known to be lhr perron S - who executed the
\ loregoing inslrumunt and acknowledge Ihr same.
THIS INSTRUMENT WAS DRAFTED BY
Attorney \ Donald S. Molter, Jr.
P.O. Box 13TI3-
J--WC5318?-1348
."
Nolary Public ppWaukeshap Cuunry, Wir.
LEG.< DESCFUFTION
City of "Ike~o
Pioposed Lift S~tion Site
Dcrhm Drive a Holz Drive
Being all that pa17 ofthe Southwes: I/$ of Section 13, Town 5 Sod, Range 20 Eat, City
of Mcskezo, %auksha Counry, Wisconsin, bounded and described as follows:
Commencing x the meader comer on the Nod Line of che SouL5west 1/4 of sGd
Secrion 13, thence X87'27'1S"E., 643.77 feet dong rhc Nod Line of the Souchwesr I/$ of
said Section 1; to the centerline of Durban Drive and the poiat of begking of &e lmds
herein described; thence condnuing dong said North line, N87"27'18"E. 153.41 feet;
hencc S02"52'41"E, 50.69 feet; chenc5 S46'j6'OO"W, 83.69 feet to the centerline of
Durhrm Dr.; thence NS3"OS'OO"W, l38.21 fett dons szid centerline to the point of
be-g, conrairing 0.1220 Ac (9,671 S.F.) more or less ofland.
WISCONSIN REAL ESTATE TRANSFER RETURN - CONFIDENTI
1. GRANTOR:
I. Name Paul Benke €. Dorothy C. Benke
2. Address . New address if property transferred was primary residence
S68 W13910 Bristlecone Lane
Muskego, WI 53150
3. Grantor is [y Individual 0 Partnership 0 Corporation 0 Other
11. GRAHTEE:
4. Name City Of MUSkeClO
5. Address
Muskego, WI 53150
P.O. Box 903
6. Grantor/grantee related: mNonc OCo~hareholdcdSubridia~ 0 Pannenhi 0 FI-1 0 Farnit, or mer: explain
7. Sand tu bill to: Name and addm P.O. Box 903
Muskego, WI 53150
111. ENERGY 8. Is this property subject to the Renta Wealhenration Standards. ILHR67? 0 Yes NO Exclusion codeW-3 IIW-11. explain
IV. PROPERTY TRANSFERRED
9. @City OVillape OTown Muskeqo
County Waukesha
10. Streel address
11.Tuparcalnumbar Part Of MSKC 2211-999
12. Lo1 no.(s) Elk. no.lsl
3. Section- Township Range
Plat name
Lapal Dercrfpllon metes and bounds: (anach ZcopIes ;fnccessarfJ
5. Kind 01 pmperty 3 Landoniy
16. Primary use
a.m Residential: 7 Land and buildings 0 Primary Residence for Lottery Credit 3 Other (exp~ain) 0 Single Famivlcondominium
17. Estimated land area and type 0 Mulli-family - I units-
I. Lot size x 0 Time share unil
I. TOTAL ACRES 0.2220 b.0 Commercial MlnYYl,
:. ~F~/~c/M~acres __ c.0 Manutacturmg -n ,
1. Ft. of water frontage - d.0 Agricultural 0 Yes NO
adjoining land within 3 miles? 0 Yes 0 No
e.OOther (explain)
ill. TRANSFER
18. Type of transfer: Sale 0 Gill 0 Exchange 0 Other (explain)
19. Ownership interesttranslerred: 0 FUII 0 Partial (explain)
20. Does the grantor retain any of the following rights?O Lile estate 0 Easement
21.0 Deed in satisfaction of original land contract? Dated?
22. Points (prepaid interest) paid by seller $
23. Value of nersonal oroDertv transferred but excluded from (25) f .
24. Value of pmperty exempt trom local properm tu: Included on 125) S
VII. COMPUTATION OF FEE OR STATEMENT OF EXEMPTION
25. TOM value of REAL ESTATE transferred 5
26. Transfer lee due (line 25 times .OW 5 exempt
27. TRANSFER EXEMPTION NUMBER. see. 77.25 "L
28. Grantee's linancing obtained horn a. 0 Seller
II boz a orb is checked.
mmplele Pan Vlll.
b. 0 Assumed exisling tinancing
nnanang Tern c. 0 Financial instilution/ Other 3rd party
d. NO financing involved
See Attached Legal Description
VIII. FINANCING TERMS (FOR SELLEWASSUMEO FINANCED TRANSACTIONS ONLY)
29. TOW dwn payment $
30. Amount 01 mortpa9uland 31. lnleresl 32. Principal and interest 33. Frequency 34. Lenpth of 35. Dale 01 any lumD sum 36. Amount Of lump
(Line 29 =Line 25 minus Lines 30a and b excluding payments 101 personal property1
contract at purchase tale (stated) paid per payment of pymts contract (balloon) payments sum
a$ %I - -I- -I- - s
bf %S $
37. It the doilar amount paid per payment (32) is scheduled to change (not as a resuit of a change in the interest ratel. 611 in the line letter from above
- -I- -I- -
Enter the date ot change - -/ - -1 - - and the amount it will change to S
IX. CERnFlCATlON We declare under penalty of law. that this return has been enmined by us and to the best of our knowledge and belief it is true. Correct and complete.
Grantor or agent Grantots social security number or FElN
0 SIGN
Dare
Grantee's social securily number or FElN Grantee or agent HERE Date
Print name and address of grantots agent
Grantor's telephone number
Grantee's telephone number
Agent's telephone number
39-6006023 ( 414 1679-4100
I 11
Document number Date ana klnd of conveyance Date recorded Pagellm. VoI./Jac. Canv. code
1234
Parcel number ASSESSOR'S
"'E Parcel c1assification ONLY RES COM MFG AGR SrW FOR
123456
AssmLyear 19 - 0 Field
0 Use
Sales number
L
I
County - -
Tax disl - - -
Awn dist. - - 0 Reject
"
Wisconsin Deparlment of Revenue
R-YX) (A. Ern
C:STSlCT SUPERVISGR'C CCFY
LEG.< DESCRlPTIOM
Ciry ofbliuke~o
Propose2 LL'i Srrdon Sire
Durham Drive 2t Holz Drive
Beins all chat pt'i ofthe SouLb.wen I/$ ofSeztion 15, Town 5 Nor&, Range 10 Est, Cir~
ofMuke:o, Piadkshe Corny, Wisconsin, bounded and described a follows:
Commencing 21 the Deader comer on the ?To& line of the SourSwesr I/$ of s2id
Secrion 15, thenc: h%7"27'1S"E., 64j.77 feet long the No& line of chhs Southwes: 114 of
said Ssztion 13 to the centerline of Durhaq Drive and the point of be?hin: of the lmds
herein descnoed; hence cocdnuing long said North line, N87"27'18"E, 152.41 fetr:
&ex: S02"32'42"E, 50.69 feet; thence SS6'56'00"W, 83.69 feet to the centerline of
Durhrn Dr., thenc: N43"OS'OO"W, 1j8.21 fe:c dong sud centerlire to the point of
bemng, con-g 0.2220 Ac (9,671 S.F.) more or less oiland.
CHICAGO TITLE INSURANCE COMPANY
Affidavit as to Construction Liens and Possession
0 The undersigned Owner, being duly sworn, deposes and says:
1 That the Owner is the owner of pro erly (the Property) further described in commitment to insure number
2. Construction liens. That during the last six months: (check one box)
No work has been done and no material furnished for construction on the Property of any sort, including
any repair or removal of improvements. There are no incomplete buildings, structures or other improvements on the Property.
1059556 issued by 8, hlcago Title Insurance Company (the Company).
0s Work has been done and/or material furnished to the Property in the approximate total of
been fully pala tor ana tmre are no claims or disputes regarding same. I he full waivers of lien for every All work was completed on and has
any having provided services,, labor or material to the Property are attached hereto, and such waivers of Fen are true, correct and are slgned by the respective parties whose names appear on them. There is no
basis on which any of the waivers may be contested or defeated.
3. Fixtures and equipment financing. That to Owner's knowledge, no conditional sales contracts, security
wd be given as to any materials, fixtures. appliances, furnishings or equipment placed on or Installed in or
agreements, financing statements, retention of title agreements or personal property leases have been or
upon the Property or the Improvements thereon.
4. Occupancy. That Owner has owned the Property for the past Property is at present in use as years) (months) and the
, and that
occupy the Property. and the following leases a ect the Property: name artles: owner, tenants, roomers) fp
(It none, so state)
5. Survey matters and adverse possession. (check one box)
No survey. That no fences, buildings or other structures of any adjoining owner encroach; that Owner, 0 personally or through tenants, has been continually in peaceable, adverse, exclusive and undisputed possession of the whole of the Properly for the last easements other than those shown in the Commitment to Insure have been made against the Property
years; and that no claims of
during the time Owner has owned it.
Survey provided. That no fences, buildings or other structures of any adjoining owner encroach upon the 0 Property, and no fences, buildin s or other structures on the Property encroach upon adjoining property except as noted on the survey o 8 the Property prepared by
no easements aaversely anectlng tne Property except tho2 snown In tne commltment to'insure; and that dat that there are
no claims of easements other than those shown in the Commitment to Insure have been made against the
Property during the time Owner has owned it.
6. Assessments. Owner has no notice or knowledge of any planned or which may result in a special assessment or char e affecting the Owners' Association char es. all such charges an 3 assessments to date and are not being %puled.
This Affidavit is iven to induce CHICAGO TITLE INSURANCE COMPANY to issue its polic or policies of title insurance. l%e undersigned indemnifies Chica o Title Insurance,Company against any oss caused by the existence of any inaccuracles or omissions in t e above mformatlon known, to the underslgned and not
disclosed to the Company, plus any cost of the enforcement of this indemnlflcatlon.
Dated this day of
OWNER Subscribed and sworn to before me this day
E Y
of
Paul Benke
0 By: Notary Public Waukesha County, Wisconsin
Its: My commission (expires) (is)
AFFIDAVIT
STATE OF WISCONSIN
COUNTY OF WAUKESHA
I, PAUL BENKE,
state as follows:
being first duly sworn on oath, depose and
1. Your affiant is an owner of the property described on
Exhibit "A".
2. Your affiant is aware of a mortgage recorded described
as follows:
Mortgage, according to the terms and provisions
thereof, from Paul 0. Benke and Lillian C. Benke, his
wife to Rudolph Holz and Elizabeth Holz, his wife, to
secure the originally stated indebtedness of $6,000.00,
dated April 16, 1936 and recorded April 17, 1936, in
and any other amount payable under the terms thereof,
Volume 188 of Deeds on Page 480 as Document No. 207310.
3. That your affiant knows of his own knowledge that this e mortgage against the property no longer exists and the same has
been paid in full although a mortgage satisfaction was never
recorded.
4. Your affiant is aware that this Affidavit will be
relied upon by Chicago Title Insurance Company in deleting from
its title insurance policy an exception as to this mortgage.
Dated this day of , 1997.
PAUL BENKE
Subscribed and sworn to before me
this day of , 1997.
NOTARY PUBLIC, STATE OF WI
My commission expires:
LEG.< DESCRIPTION
Ciry ~fbl~kego
Proposed LL'I Srarion Sire
Durham Drive at Holz Drive
Beins all thzt pz;r of the Souhwest I/$ of Section 13, Town j Horh, Range 20 Eat, City
ofMuke:o, Wauksha County, Wisconsin, bounded and described as follows:
Commencin: 2r the memder corner on the North he of the SouL5west 1/4 of s2id
Secrioo 12; thence N57"27'18"E, 643.77 feet along the Nonh line of the Southwest L/4 of
said Section 13 to the centerline of Durham Drive and the point of bepig of the lmds
herein described; thence continuing dong said Norb line, N87"27'18"E, 153.41 feet;
thenc: SO2"3?"42"E, 50.69 fet; thenc: S46"56'00"W, 83.69 feet to the centerline of
Durh Dr., thenc: NS3"OS'OO"W, 138.31 feet along said cenr:rline to the point of
begmung, containing 0.2220 Ac (9,671 S.F.) more or less ofland.