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CCR1997161BE IT RES COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #161-97 OFFER TO PURCHASE does hereby approve the attached Offer to Purchase for the acquisition of land for a City library. -0LVED that the Common Council of the City of Muskego BE IT FURTHER RESOLVED that the Mayor is authorized to make Attorney if needed. necessary technical changes in consultation with the City BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasuer are authorized to execute 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 16TH DAY OF JULY , 1997. SPONSORED BY: David L. De Angelis, Mayor This is to certify that this is a true and accurate copy of Resolution #161-97 which was adopted by the Common Council of the City of Muskego. 7/91 jmb . PROVISIONS 1 3 The Buyer, CITY OF MUSKEGO. a Wisconsin Municioal Cormration r. . Muskego , County of Waukesha 6 (Addifional description. il any:) 7 8 PURCHASE PRICE: &,,.e AAW~ 9 on the following terms: &/A"</ 72Uf5ui4 +&C/s-.ed- - ---"- Dollars f$ -0, 00 . 00 1. 10 11 12 13 14 15 16 17 18 20 19 21 22 23 24 25 EARNEST MONEY $ accompa ies this Offer and earnest money of $ n/a in the form of n/a will be paid within n)a days of acceptance. THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent at closing unless otherwise provided below. 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. ITEMS NOT INCLUDED IN THE PURCHASE PRICE: None. In the form of n/a - PROPERTY CONDITION REPRESENTATIONS: Seller represents to Buyer that as of the date of acceptance Seller has no notice or disclosure report dated knowledge of conditions affecting the Properly or transaction (as defined at lines 178 to 208) other than those identified in Seller's which was received by Buyer prior to Buyer signing this Offer JWI ICOMPLETE DATE OR STRIKEAS APPLICABLEI~ ZONING: Seller represents that the ProDertv is zoned B-2 TIME IS OF THE ESSENCE as to: (1- (2) binding acceptance; (3) occupancy; (4) date of closing .. ~~ ~ a [STRIKE AS APPLICABLE1 and all other dates and deadlines in this Offer except: None. - PRoVISloNS AND ADDENDA 1 See lines 252 to 305 for optional provisions includina continaencies. See line 306 to - - 29 determine if addenda, riders or other documents have been made a part of this Offer. 30 LADDITloNAL PRoViSloNS Seller executing the original of the attached documents on or 31 tefore closing. If Sellers' names are listed incorrectly, they will need to be amended 32 for all closing documents. - " 33 " . 35 BINDING ACCEPTANCE: ThisOfferisbindinguponbothpartiesonlyifacopyoftheacceptedOfferisdeiiveredtoBuyeronorbefore 36 July 22, 1997 CAUTION: ThIs OHer may be wlthdtawn prfor to deIlvery of the accepted OIfer. 37 DELIVERY OF DOCUMENTS AND WRITTEN NOTICES: Unless otherwise stated in this Offer, delivery of documents and written 38 notices to a party shall be effective only when accomplished in any of the following ways: 39 (1) Bydepositingthedocumentorwrittennoticepos1ageorfeesprepaidintheU.S.Mailoracommercialdeliverysystemaddressedtothe 40 partyat: ~~~e~: City of Muskego, P.O. BOX 903, Muskego, WI 53150; Attn: Mayor David Le De AWelis 41 Seller: ?<Curt Klenz, Coldwell Banker, S63 W13660 Janesville Road, Muskeqo, WI 53150 42 (2) By giving the document or written notice personally to the party: 43 (3) By electronically transmitting the document or written notice to the following telephone number: 44 Buyer: ( 414 ) 679-5630 Seller: ( 414 ) 529-2016 46 OCCUPANCYOI the premises 0 47 shall be given to Buyer at time of closing unless otherwise agreed in writing. CAUTION Conslder an agreement which addresses LEASED PROPERTY: If Property is currently leased and leases extend beyond closing, Seller shall assign Seller's rights under said responalblllty for clearing the Property 01 personal property and debris, II eppllcable. 50 lease(s) and transferall securitydepositsand prepaid rentsthereunder to Buyer at closing.Th9termsof the (written) (oral) 51 lease(s). if any, are seller kaLTants an3 qxeEnts tht th2t-e aE In l-, mtten or mal, affeztlq 52 CLOSING: This transaction is to be closed at the place designated by Buyer's mortgagee or at MUSkWO City Ha11 54 CLOSING PRORATIONS: The foilowing items shall be prorated at closing: real estate taxes, rents. private and municipal charges, 55 property owner's association assessments. fuel and DQE. 56 Any income, taxes or expenses shall accrue to Seller and be prorated through the day prior to closing. 57 Net general real estate taxes shall be prorated based on (the net general real estate taxes for the current year, if known, otherwise on the 59 ~ ). ISTRIKE AND COMPLETE AS APPLICABLE] CAUTION: If Propedy has not been 60 ' fully assessed for tax purposes (for example. new subdlvlslon or completed/pendlng reassessment) or If protallon on the bash of'nel 53 no later than SeDteIllber 23 , 19 97 , unless another date or piace is agreed to in writing. ', 58 net general real estate taxes for the preceeding year) ( 65 FORM0 'ce of: (1) -I21 an owner's oolicvof title 67 66 68 69 70 71 72 73 . insurance rSTRlKE AS APPLICABLE1 as further described at lines 155 to 169. rn CONVEYANCE OF TITLE: Upon payment of the purchase price, Seller shall convey the Property by warranty deed (or other conveyance as provided herein) free and clear of all liens and encumbrances. except: municipal and zoning ordinances and agreements entered under them, recorded easements for the distribution of utility and municipal services. recorded building and use restrictions ang covenants. general taxes IeGied in the year of closing am% for purposes of this transaction. Seller further agrees lo complete and execute the documents necessary to record the conveyance. (pio$ded none of the foregoing prohibit present use of the Property), which constitutes merchantable title CAUTION: SEE LINES 74 TO 82. .. .. , 74 LISSUESRELATEDTOPROPERTYDEVELOPMENT page 2 of 4 - VACANT LAND 75 WARNING: If Buyer conlempfales developlng Properly or a use olher lhan Ihe currenl use, lhere are a varlely of Issues whlch should be 76 addressed lo ensure Ihe developmenl or new use Is posslble. Munlclpal end zoning ordlnances. recorded bulldlng and use reslrlcllons. 77 covenanls end easemenls may prohlbll certeln lmprovemenls or uses and lherefore should be reviewed. Bulldlng permlls. zoning 78 vadences. Archllectuml Conlrol Commlllee approvals. esllmales for ullllly hook-up expenses, speclal assessmenl charges for 79 InslallaUon ofroedsorulllllles, envlronmenlalaudlls. subroll Iasls, elc., mayneedlo be obtalned lo delermlne the feaslbllllyofdevelopmenl 80 ol,oraparllcularuselor,aproperly. OpllonalconllngencleswhlchallowBuyerlolnvesllgalecertalnollheselosuescanbefoundalllnes 252 lo 305 of lhls Offer and Buyer may add conllngencles a8 needed In addenda whlch may be added lo lhls Offer (see line 306). Buyer should revlew any plans lor devalopmenl or use changes lo determine whal Issues should be addressed In conllngencles lo lhls Offer. 1 I -L 83 PROPERTY CONDITION PROVISIONS 84 INSPECTIONS: Selleraqreesto allow Buver'sinspectors reasonableaccess tothe Property upon reasonable notice and gives Buyer's - . I 85 inspectorspermissiontopedormtestsoftheProperty,iltheinspectionsandthetestsarereasonablynecessarytosatisfythecontlngencies 86 in this Offer. Buyer agrees to promptly provide copies of all such inspection reports to Seller, and to listing broker if Property is Wed. 87 Furthermore. Buyer agrees to promptly restore the property to its origlnal condition after Buyer's inspections are completed. unless 88 otherwise agreed with Seller. CAUTION: Seller acknowledges that unless modllled, the contlngencles at llnes 252 to 305 authorlre 89 Buyefs Inspectors to take so11 samples whlch may detect envlronmental contarninatlon whlch may be requlred to be reported to the 90- Wlsconrln Departmentof Natural Resources: - -~ - -- - - 91 PROPERTY DAMAGE BETWEEN ACCEPTANCE AND CLOSING: Seller shall maintain Ihe Property until Ihe 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. I1 Seller is unable to restore the Property. Seller shall promptly notify Buyer in writing and lhis Offer may be 95 cancelledattheoptiono1theBuyer.Ilthedamageshallexceedsuchsum.SellershallpromptlynotifyBuyerinwr~tingofthedamageand 96 this Offer may be cancelled at option 01 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 lo Ihe Property. plus a credit towards the purchase price equal to the amount 01 Seller's PRE-CLOSING INSPECTION: At a reasonable time, preapproved by Seller or Seller's agent. within 3 days before closing, Buyer shall deductible on such policy. have the iight to inspect the Property to determine that there has been no significant change in the condition 01 the Propertv. exceDt for ~ .. " - - . __ - . " @ 101 changes approved by Buyer. 103 Buyer acknowledgesthat Propertydimensions. total square footage. total acreage and allocation of acreage information provided to Buyer 104 by Seller or Seller's agent@) are approximate and, unless a survey has been provided, the Property dimensions have not been 105 verified by survey. CAUTION Buyer should verlly Property dlmenslons, total square footage, total acreage or allocatlon of acreage by 106 survev II materlal to Buvefs declslon to DUrChaSe. See llnes 286 to 291. 107 -1 108 Wisconsin Slatules section 90.03 requiresthe owners ofadioininq properties to keep and maintain legal fences in equal shares where one 109 or both of the properties is used and occupied for farming or grazing purposes. CAUTION: Consider en agreement addressing 11 0 msponslbfllly lor lances M Properly or ad/olnlng land Is used and occupled for larmlng or grazlng purposes. -. . 111 -1 112 Seller and Buyer each have the legal duty to use good faith and due diligence in completing the terms and conditions of this Offer. A 113 materialfailuretoperformanyobligationunderthisOfferisadefaultwhichmaysubjectthedetaultingpartytoliabilityfordamagesorother 114 legal remedies. 115 If Buyer defaults. Seller may: 117 (2) terminate the Offer and have the option to: (a) request the earnest money as liquidated damages; or (b) direct Broker to return the 116 (1) sue lor specific perlormance and request the earnest money as partial payment 01 the purchase price: or 118 119 If Seller defaults, Buyer may: earnest money and have the optm to sue for actual damages. 120 (1) sue for specific pedormance; or 121 (2) terminate the Offer and request Ihe return of the earnest money, sue for actual damages. or both. 122 In addition. the Parties may seek any other remedies available in law or equity. 123 The Partiesunderstand that theavailabililyol any judicial remedy will depend upon the circumstances of the situation and the discretion 124 of the courts. If either Party defaults. the Parties may renegotiate the Ofler or seek nonjudicial dispule resolution inslead of the remedies outlined above. By agreeing lo binding arbitration, the Parties may lose the right to litigate in a court of law those disputes covered by the arbitration agreement. 6 127 distributed as set forth in lines 133 lo 154. 131 earnest money cannot be determined by Broker. In the absence of a mutual agreement by Ihe Parties. earnest money will be 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 LICENSELAW PROHIBITSABROKER FROMGIVINGADVICEOR OPINIONS CONCERNINGTHELEGAL 132 LEARNEST MONEY 133 HELD BY: Earnest money, if held by a broker, shall be held in the trust account of the broker drafting the Offer prior to acceptance of 135 otherwise disbursed as provided in the Offer. II negotiations do not result in an accepted offer. the earnest money shall be promptly 134 Olferand in the trust account of the listing broker (buyer'sagent if Property is not listed) after acceptance until applied to purchase price or 136 disbursed (alter clearance from payor's depository institution if earnest money is paid by check) to the person who paid the earnest 137 money. CAUTION: II someone other lhan Buyer makes payment 01 earnesl money on behalf 01 Buyer, consider a speclal agreemenl 138 regarding dlsbunemenl. 139 DISBURSEMENT At closing, earnest money shall be disbursed according to the closing statement. If this Offer does no1 close, the 140 earnest money shall be disbursed according to a written disbursement agreement signed by all Parties to this Offer. If said disbursement 141 agreement has not been delivered to broker within 60 days after the date set for closing, broker may disburse the earnest money: (1) as 142 directed by an attorney who has reviewed the transaction anddoes not represent Buyer or Seller; (2) intoacourt hearing alawsuit 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 BrokermayretainlegalseNicestodirectdisbursementper(l)ortofileaninterpleaderactionper(2)and,insuchevent,brokermaydeduct 145 from the earnest money any costs and reasonable attorneys fees, not to exceed $250. prior to disbursement. Should persons other than 146 broker hold earnest money. an escrow agreement should be drafted by the Parties or an attorney for Buyer or Seller. 147 LEGAL RIGHTSIACTION: Broker'sdisbursementofearnestmoneydoesnotdeterminethelegalrightsofthePartiesinrelationtothis 148 Offer.AtleaSl30dayspriortodisbursementper(l)or(4),brokershallsendBuyerandSellernoticeofthedisbursementbycertifiedmail.If 149 Buyer or Seller disagree with broker's proposed disbursement, a lawsuit may be filed toobtain a court order regarding disbursement. Small Claims Court has jurisdiclion over all earnest money disputes arising out of the sale of residential property with 1-4 dwelling units and Certain other earnest money disputes. The Buyer and Seller should consider consulting attorneys regarding lheir legal rights under this 152 Offer in case of a dispute. 153 ' Both Partiesagree io hold the broker harmless from any liability for good faith disbursement of earnest money in accordance with this 154 dfer ?r applicable Department of Regulation and Licensing regulations concerning earnest money. (Wis. Administrative Code RL 18.) a I . $55 LTi?LE.EVIDENCE 1 156 8 FORM OF TITLE EVIDENCE:/.Wkxshall give evidence of title (as Selected at lines 65 to 66) to the Property in the form 01: (lW 158 insurance in the amount of Ihe purchase price (2) an owner's policy 01 title en1 ALTA form issued by an insurer licensed to write title insurance In Wisconsln. PROVISION OF MERCHANTABLE TITLE: shallbeacceptableiftheabstractoracommitmentfortherequiredtitleinsuranceisdeliveredloBuyer'saftorneyortoBuyernotlessthan3 all pay all costs of providing title evidence. For purposes of closing. title evidence 161 business days before closing. showing title to the Property as of a date no more than 15 days before delivery of such title evidence to be 162 merchantable. subject only to liens which will be paid out of the proceeds of closing and standard abstract certificate limitations or 163 standard title insurance requirements and exceptions, as appropriate. 164 TITLE ACCEPTABLE FOR CLOSING: If titleisnot acceptableforclosing. Buyershall notifysellerin writing ofobjectionstotitle by the 165 timesetforclosing.Insuchevent.Sellershallhaveareasonabletime,butnotexceeding15days,toremovetheobjections,andthefimefor 166 closingshallbeextendedasnecessaryforthispurpose.IntheeventthatSellerisunabletoremovesaidobjections.Buyershallhave5days 167 from receipt of notice thereof. to deliver written notice waiving the objections. and the time for closing shall be extended accordingly. If 169 Seller's obligations to give merchantable title to Buyer. 168 Buyer does not waive the objections, this Offer shall be null and void. Providing title evidence acceptable for closing does not extinguish 2e~- 7 page 3 01 4 - VACANT LAND Buyer I 170 1 ENTIRE CONTRACT 1 171 This Offer. including any amendments, contains the entire agreement of the Parties regarding the transaction. All prior negotiations and 172 discussions have been merged into this Offer. This agreement binds and inures to the,benefit of Ihe Parlies to this Offer and their 173 successors in interest 174 7) 175 8 ACCEPTANCE: Acceptance occurs when all Buyers and Sellers have signed the Offer. See lines 35 and 36 regarding bindmg 176 acceptance. CAUTION: CONSIDER WHETHER SHORT TERM DEADLINES RUNNING FROM ACCEPTANCE PROVIDEADEQUATE 177 TIME FORXH BINDING ACCEPTANCE AND PERFORMANCE. 179 follows: 178 8 CONDITIONS AFFECTING THE PROPERTY OR TRANSACTION: A "condition affecting the Property or transaction" is defined as 180 (a) Planned or commenced public improvements which may result in special assessments or otherwise materially affect the Properly or 181 182 (b) Government agency or court order requiring repair, alteration or correction of any existing condition; the present use of the Property: l 183 (c) Completed or pending reassessment of the Property for property tax purposes; 1 184 (d) Any land division involving the Property. for which required state or local approvals were not obtained; ~ 185 (e) Any portion of the Property being in a 100 year floodplain. a wetland or shoreland zoning area under local. State or federal regulations; ' 186 (I) Any portion ofthe Property being subject to, or in violalion 0f.a Farmland Preservation Agreement undera County Farmland Preservation (9) Boundarydisputesormaterialviolationolfencelaws(Wis.Stats.Chapter90)whichrequiretheerectionandmaintenanceollegalfences Plan or enrolled in, or in violation of, a Forest Crop, Woodland Tax, Managed Forest, Conservation Reserve or comparable program; betweenadjoiningpropertieswhereoneorbotholthepropertiesisusedandoccupiedforfarmingorgrazingpurposes; Seelines 107 to 110. B 191 (i) Condilions constituting a significant health or safety hazard for occupants of Property; 190 (h) Material violations of environmental rules or other rules or agreements regulating the use of the Properly: 193 192 (j) UndergroundstoragetanksonthePropertyforstorageofllammableorcombustibleliquidsincludingbutnotlimitedtogasolineand 194 storage tanks. heatingoil; NOTE: WlsconslnAdmfnlstratlveCode,ChapterlLHR 10contalnsreglsfratlonandoperaflonruleslorsuchundarground 195 (k) Undergroundstoragetanksforstorageofflammableorcombustiblefiquidsincludingbutnotlimltedtogasolineandheatingoil.which 196 197 (I) High voltage electric (100 KV or greater) or steel natural gas transmission lines located on but no1 directly serving the Properly; were previously located on the Property; 199 198 (m) Wells on the Property required to be abondoned (Wis. Adm. Code NR 112.26) but which are not abandoned according to State 200 (n) Cisterns or septic tanks on the Property which are currently not servicing the Property: regulations; 201 (0) Subsoil conditions which wouldsignificantlyincrease thecost of thedevelopment proposed at lines268to269. if any. including. 202 203 but not limited to. subsurface foundations. organic or non-organic fill. dumpsites or containers on Property which contained or currently contain toxic or hazardous materials. high groundwater, soil conditions (e.g. low load bearing capacity) or excessive 204 rocks or rock formations on the Property; 205 (p) A lack of legal vehicular access lo the Property from public roads; 206 (4) Prior reimbursement for corrective action costs under the Agrlcultural Chemical Cleanup Program: (Wis. Slats. 594.73.) 207 (r) Otherconditionsoroccurrenceswhichwouldsign1ficantlyincreaselhecostofthedevelopmentproposedatlines268 to 269 or reduce the 208 valueofthePropertytoareasonablepersonwithknowledgeofthenatureandscopeofthecondi1ionoroccurrence.See lines 19 to 23. 210 excluding the day the event occurred. The deadline then expires at midnight on Ihe last day. Deadllnes expressed as a Specific 209 8 DAYS: Deadlinesexpressedasaspecificnumberof"days"lromtheoccurrenceofanevent,suchasacceptance.arecalculatedby 212 designated by the President such that the postal service does not receive regislered mail or make regular deliveries on that day. 21 1 numberof"businessdays"exc1udeSaturdays. Sundaysand any legal public holiday under Wisconsin or Federal law, orother holiday 213 Deadlinesexpressedasaspecificdayofthecalendaryearorasthedayofaspecificevent,suchasclosing,expireatmidnightofthatday. 214 8 FIXTURES: A"Fixture"isanitemofpropertywhichisphysicallyattachedtoorsoclose1yassociatedwithlandaslobetreafedaspart 215 oftherealestate. including, without limitation, physicallyattached items not easily removable withoul damage tothe property. ilems 216 specificallyadaptedtotheproperty,anditemscustomarilytreatedasfixturesinclud~ngbutnotlimitedtoall:perennialcrops;gardenbulbs: 217 D1ants:shrubs:treesandfences. CAUTION: ARNUALCROPSAREROTINCLUDEOINTHEPURCHASEPRlCEUNLESSOTHERWlSEAGREEOATLINES13loIS. e 220 221 222 223 MAP OF THE PROPERTY: See lines 286 to 291 8 BOUNDARY MAP: A mapof the Property prepared by a licensed land surveyor which identifies the legal description and boundaries of the property. A"boundary map" also includes the staking of all corners of the Property by the surveyor. 8 MORTGAGE INSPECTION MAP: A mapoftheProperty prepared bya licensed landsurveyorwhich identifies thelegaldescrlption of the Property, the boundaries of the Property and the location of improvements. SURVEY MAP: A maD of the Prooertv DreDared bv a licensed land survevor. dated no more than six months Prior to the scheduled 224 closing dale, containing the ALTA certification andshowing: complete legal description of the Property: dedicated and apparent 225 streets; boundaries; lot dimensions: acreage or square footage; existing improvements; easements and rights-of-way and visible 226 encroachments upon the Properly. 227 TIME IS OF THE ESSENCE: If"TimeisoflheEssence"appliestoadateordeadline,failuretoperlormbytheexactdateordeadline 228 isa breach of contract. 1f"Time is of tne Essence" does not apply toa date or deadline. then performance within a reasonable time 0: . ,. . ,. , 229 the date or deadline is allowed before a breach occurs. See lines 25 to 27 '230 LPROVISIONS RELATED TO FINANCING 231 ,,m LOAN COMMITMENT If this Offer is contingent on financing, Buyer agrees to pay all customary linancing costs (including closing 232 fees). to promptly apply for 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 sald 233 finavcing or other financing acceptable to Buyer. Buyer agrees todeliver to Seller. or Seller'sagent. a copy of the written loan commitment commiiment. Seller may terminate this Otter if Seller delivers a written notice of termination lo Buyer prior to Seller's actual receipt of a copy of'Buyer's written loan commitment. 238 promptlydeliver,written notice to Seller of same includlng copies of lender(s)'rejection letter(s) orotherevldenceol unavailability. Unless 8 FINANCING UNAVAILABILITY: If this Ofter is contingent on financing and financing is not available on the terms stated. Buyer shall 239 a specific loan source is named in the financing contingency, Seller shall lhen have 5 days lo give Buyer written notice of Seller's 240 decision to finance thjs transaction on the same terms set forth herein, and this Offer shall remain full force and effect. with the time tor 241 closing extended accordingly. If Seller's notice is not timely given, this Offer shall be null and void. 242 8 LAND CONTRACT: If Ips Offer provides for a land contract. prior to execution 01 the land contract Seller shall provide the same 244 is not in excess of the propose$ balance of the land contract, that the payments on the land conlract are sufficient to meel all of the 243 evidence of merchantable title as required above and written proof, at or belore execution. that the lotal 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 247 such releases should be included in thy land contract. 246 contract sale. If individual parcel+! the Property are being released on paydown on the land conlract. the terms and conditions of w ^^ - ~ 252 0 FINANCING CONTINGENCY: This~OllerisconlingentuponBuyerbeingablefoobtain. wifhin - daysolaccepfanceollhisOlter, 254 (lixed) (adjustable) /STRIKE ONE rale firs1 morlgage loan commitment, in an amounl of no1 less lhan $ lor a ferm 01 253 a 111 m 255 not less than __ years, amortized over no1 less than - years. If the purchase price under lhis Ofler is modified, Ihe loan amount. unless ofherwise provided, shall be adjusled to the same percentage of the purchase price as in lhis conlingency and lhe monlhly payments shall be adjusted as necessary lo mainlain the term and amortizalion stated above. 258 IFFINANCING IS FIXED RATEIheannualraIeofinIerestshallnoIexceed~ %andmonlhlypaymentsolprincipalandinlereslshafl 262 Ihe mortgage Ierm shall not exceed - %. Initial monthly payments of principal and interest shall not exceed $ 261 for - months, af which time the inleresf rala may be increased no1 more than __ %per year. The maximum inlereSt rate during 263 Monthly paymenls 01 principal and inlerasl may be adjusted lo rellecl inf@reSl changes. 264 MONTHLY PAYMENTS MAY-ALSO !NCLUDE~lI12lh ol the pslim_a&d-net annual real eslate faxes, hazacd insurance premiums. and 265 privalemorlgageinsurancepremiums. Themortgagemaynotincludeaprepaymenlpremium.UuyeragreesfopayaloanleeinanamOunl 266 notloexceed- Oholtheloan. [Loanfeerelerslodiscounlpoinfsandforloanoriginationlee,bulDOESNOTincludeBuyer'so~he~ 267 closing costs.] SEE LINES 230 TO 248 FOR ADDITIONAL FINANCING PROVISIONS. 268 PROPOSED USE CONTINGENCY: Buyer is purchasing the properly for Ihe purpose ol:/ o& RLhC Pur ses 269 This Offer is contingenl upon Buyer obfaining the following [CHECK ITEMS THAT APPLY I: 270 Writlen evidence at (Buyer's) (v ISTRIKE ONE] expense lrom a qualilied soils experl that the Properly is lree of any subsoilcondilion which wouldmake fheproposeddevelopmenl impossible orsignilicantly increase lhe coslsolsuchdevelopmenl; See line 88. 0 Written evidence a1 (Buyer's) (Seller's) [STRIKE ONE] expense from a cerfified soils fester or other qualilied experl fhat 274 275 indicales lhal Ihe Properly's soils a1 locations selecled by Buyer and all olhercondifions which must be approved lo obtain a permif for a privafe convenlional septic syslem lor: 276 277 (insertproposeduseolProperly;e.g.,Ihreebedroomsinglefamilyhome]meelapplicablecodesinellectasollhedaleoflhisOllar. A conventional system (does) (does nor) ISTRIKE ONE 1 include alternate private systems such as mound systems or in-ground 279 pressure dislribulion systems lor lhe purposes 01 lhis confingency. A convenlional system does no1 include a holding lank. privy, composling toile1 or chemical loilel. 281 282 the Properly and a Written determination by a qualified independent third party. at Buyer's expense. lhal none of these prohibil or signilicanlly delay or increase lhe cosls 01 lha proposed use or developmenl identified a1 lines 268 lo 269. 283 Permits. approvalsandlicenses, asappropriate. orlhelinaldiscrelionaryaclionbylhegrantingauthoritypriorlofheissuanceol 284 285 such permils. apprOvalS and licenses a1 (Seller's) \-ONE] expense lor the-fems related to the proposed developmenl . 286 A map 01 Ihe Properly at (Buyer's) (S?L#XX) [STRIKE ONE] ex,?en;e ol Ihe lollowing lype: 287 0 a boundary map; 0 mortgage inspection map; m,&ffil+&~$!2HECK ONE BOX TO DESIGNATE MAP TYPE] 288 289 See lines 218 lo 226 lor definifions oleach map lype. 11 lhis paragraph is checked but more than one lype or no lype is selected, a boundarymapisdeemedselected. CAUTION: Conslderco~lendlheneedlorlheleelurerollhenrlousmaplypesbeloremeklng 290 291 e relecflon. The map 01 lhe Property shallshow no significant encroachmenls orany inlormalion malerially inconsistent wifh Ihe 292 prior representations 10 Buyer or which would render fha proposed developmenf impossible or signilicantly increase ils cosl.dw Wrillenevidenceal(~(Sel1er's) LSTRlKE ONE1 expenselhallhelollowingutilityconneclion~arelocaledaslollows(e.g/on 293 the PrOperlY, a1 the lo1 line. across lhe streel. errSJ: electricily I gas a unici al. librag and 278 280 Copiesal~(Sel1er's) ISTRIKE ONE] expenseolallpublicandprivafeeasemenls, covenantsandreslrictions aflecling 294 295 Other municipal sewer , municipal water , lelephone 'L" 4.- " ISTRIKE AND COMPLETE AS APPLICABLE I. 296 This conllngency shall be deemed sellrlled unleas Buyer& we~fven wd&n notlcii SeIGipecnylng Ihore llemr 01 lhla conllngency whlch cannol be sellslled end wrlnen evidence substenllellng why each rpeclllc Item Included In Buyeta noUce cannol be rallslled. 299 a INSPECTION CONTINGENCY: This Olter is confingenl upon a qualilied inspeclor(s) conducfing an inspeclion(s), a1 Buyer's 300 expense, 01 lhe Property W5 301 nodeleclsasdelinedbelow. ThiscontingencyshallbedeemedsatisliedunlessBuye~~~~~ delivers lo Seller a which discloses 302 copy 01 the inspector's wrillan inspaction reporl and a writlen notice lisling the delecfs idenlilied in the report lo which Buyer objects. For 304 salelyofpersonswhooccupyormakeuseolitorgivesevidenceolanymalerialuse,slorageordisposalolhazardousorloxicsubsfances 303 the purposes 01 this conlingencya delecl is defined as anycondilion oilhe Properfy which conslilutes a significant threat to the health or 305 on Ihe oromrfv. r"" " ~~ @ ..I 306 OTHER: Theatlached Attendm 307 IF ACCEPTEO. THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT, BOTH PARTIES SHOULO CAREFULLY REA0 THIS ism made part of this Ofler. 308 DOCUMENT. BROKERS MAY PROVIDE A GENERAL EXPLANATION OF THE PROVISIONS OF THE OFFER BUT ARE PROHlBlTEO BY LAW 310 AN ATTORNEY SHOULD BE CONSULTEO IF LEGAL ADVICE IS NEEDED. 309 FROM 61VING AOYICE OR OPINIONS CONCERNING YOUR LEGAL RIGHTS UNOER THIS OFFER OR HOW TITLE SHOULO BE TAKEN AT CLOSING. 311 pis Offfr was drafted on 7/8/97 [date] by Ddld S. Molter, Jr. ,Araa, WlW, TQ-7 312 lty 0 Muskego 6. Riffle, S.C. " [Licensee and Form] 3'2-600 -boa) 74 -97 Angelis, Mayor i-m (Dale)' 315 (x) By: K 3V7m-Q" 3 y- 600 - boa3 7- /d- 97 316 (Buysr'a Signstur here: c ,Jean K. Marenda, Cleric 1- IW 317 EARNEST MO Broker acknowledges receipt 01 earnest money as per line 10 of the above Ofler. 318 Broker (By) 320 THE CONVEYANCE OF THE PROPERTY. THE UNOERSIGNEO 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 CONDITIONS A,S SET FORTH HEREIN AN0 ACKNOWLEOGES RECEIPT OF A COPY OF THIS OFFER. (oats1 324 (x) Ml- K. PlWev 325 (Seller's SignarurejA Prml Name here:, D. ISociaJ Security No.) (Dale) 326 This Oiler was presented to Seller by 27, fWS OFFER IS REJECTED . .- * On , 19-. at- a.m.1p.m. __ THIS OFFER IS COUNTERED [See attached counter] I I. .n . ADDENDUM TO OFFER TO PURCHASE CITY OF MUSKEGO/LIBRARY ACQUISITION 1. Line 62. Seller warrants and represents that there are no current outstanding assessments on said property, and if there are any levied prior to closing, Seller will pay the same other than the deferred sewer reserve capacity assessment and water reserve capacity assessment, which and represents that one sewer RCA special assessment has shall be the responsibility of the Buyer. Seller warrants already been paid by Seller or their predecessors. 2. In addition to all other contingencies, this Offer is contingent upon a qualified independent environmental Environmental Audit of the property which discloses in the consultant of Buyer's choice conducting a Phase I opinion of the Buyer no defects This contingency shall be deemed satisfied unless Buyer, prior to closing, delivers written notice to Seller specifying that this contingency has not been satisfied. 3. As to Lines 252 through 306, if any of the contingencies and void and of no effect. stated therein are not deemed satisfied, this Offer is null ,. DOCUMENT NO I; Slate nard Wisconsin For", I. 198; WARRANTY DEED This Deed, made between ROBERT W. KLENZ, MICHAEL K. PLUMLEY h RUSSEL D. KILPS Municipal Corporation Grantqand CITY OF MUSKEGO, a Wisconsin Glantee 'Kitnesseth, Ihal Iheraid Grantor, loravaluableronsideration conver lo Grantee lhe lollowng described real estate in Waukesha Co"nly See Attached Legal Description Marked Exhibit "A" Ms. Jean Marenda, City Clerk City of Muskego Muskego, WI 53150 P.O. Box 903 x ParcelNo: TAX KEY NIJI ~,~WliCONSlN REAL ESTATE TRANSFER RETURN - CONFlDENTlA 1. GRANTOR: Robert W. Klenz, Michael K. Plunley, 1. Name Russel D. KilDs 2. Address - New address it properly lransferred was primary residence 0 3. Grantor is Individual 0 Partnership 0 Corporation 0 Other II. GRAKIEE: 4. Name City Of MusltecrO 5. Address P.O. Box 903 Mus!tego, WI 53150 6. Grantorlgrantee related: WNone OCom/ShlnhoUerrjubriti*~ 0 Pamenh 0 fim~td 0 Family or OUILT. crplain 7. Sand tax bill to: Name and addmrr Same as Grantee 0 Yes N NO Exclusion code~7lf W-11, explain IV. PROPERTY TRANSFERRED 9. City 0 Village OTown Xxx Muskeoo County Waukesha 10. Street address 11. lax paml number Blt no.1s1 3. Section- Tomship 14. Legal Oescrlpllon metes and bounds: (altach 2 copies ilneccssary) Range For cornplction I& wpmc "lnrmctionr lor Red Gwte Trmricr Return' PE.SOOA L Submit all pm to Register of kdr vilh documcnt(r) Io be recorded. V. PHYSICAL DESCRIPTION AND PRIMARY USE BY GRANTEE 15. Kind ot property 0 Land and buildings 0 Primary Residence for Lottery Credit Other (explain) 0 Single Fami~/condominium 17. Estimated land area and type a. Lot size x 0 Multi-famiiy .I units- 0 lime share unit c. MFL/FC/WILacres - c.0 Manufacturing d. Ft. of water frontage ~ d.0 Agricultural 0 YZflNo Landoniy 16. Primary use a.0 Residential: b. TOTAL ACRES 6.22 b.0 Commercial adjoining land within 3 miles? 0 Yes No e.mOther (exp1ain)Public Library VI. TRANSFER 18. Type of transfer. Sale 0 Gift 0 Exchange 0 Other (explain) 19. Ownership interest transferred: Full 0 Partial (explain) 20. Does me grantor retain any of the following righk?o Life estale 0 Easement 21.0 Deed in satisfation 01 originai land contracl? Dated? 22. Points (prepaid interest) paid by seller 5 23. Value of personal property Ransferred brrt excluded from (25) 5 24. Value of property exempt from local property tax Included on (25) $ VII. COMPUTATION OF FEE OR STATEMENT OF EXEMPTION 25. TOM mlue of REAL ESTATE transferred s 26. Transfer lee due (line 25 times ,003) exempt 27. TRANSFER EXEMPTION NUMBER. sec. 77.25 ( 12) 28. Grantee's linancing obtained from a. 0 Seller IfbOxaorbach&d. 50mplem Pan Vlll . b. 0 Assumed existing financing Finad- Terms c. 0 Financial institution I Other 3rd party d. No financing involved See Attached mal Description Marked Exhibit "A" VIII. FINANCING TERMS (FOR SELLEWASSUMED FINANCED TRANSACTIONS ONLY) 29. Total dm payment S 30. Amount of mongagwland 31. Interest 32. Principal and interest 33. Frequenq 34. Length ot 35. Date of any lump sum 36. Amount of lump aS bS 37. If lhe doilar amount paid per payment (32) is scheduled to change (not as a resun of a change in the interest rate). fill in the line letter from above (Line 29 3 Line 25 minus Lines 3Oa and b excluding payments for personal properly) ContraCtat purchase rate (stated) paid per payment 01 pyllts confran (balloon) payments sum % s XI --/--I- - s s - -I- -I- - I Enter the date of change - -I - -I - - and me amount it will change to $ Ix. CERTIFICATION We declare under penally of law. that this return has been enmined by us and to the best of our knowledge and beliet it is true. correcl and complete. I Grantor or agent I Granlots social security number or FElNl Date 1 Granto<s telephone number SIGN Agent's telephone number Print name and address of grantof s agent Date Grantee or agent Grantee's social security number or FElN HERE 0 1 39-6006023 Grantee's telephone number ( 414) 679-4100 0 Document number I Vol'Jac. I i Oate recorded Dale and kind 01 conveyance Conv. code e CHICAGO TITLE INSURANCE COMPANY 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 §32.0612a) Admitted this day of , 1997 ROBERT W. KLENZ EXHIBIT "A" AI^ &t pari: of t~te NW L/~I. oc Section 10, 1' S N, K 20 E, in the Ci.ty oE Muskego, Waukeshz County, Wisconsin, 'bounded and deccribecl us followl;: Commencing ut the along the South line of sa.id NF7 1/4 Sect.ion, 666.93 feek; thence N Southeaat corner of said .NW 1/4 Section; thence S 88O 02' 45" I.\ 1' 19' 29" W, 10.08 feet to the place of beg.inn.ing of the lands to be described; thence S 68' 43' 36" V7, 327.20 feet; thence t7 1" 00' '45" kf, 801.96 feet: to a point in the centerline of H. Janesville Road (C.T.H. "tu); thence L.7 55' 4U' 00" E alo~ig 6a.id cenrerline beginnlng. Excrpflng lhcrefrorn Iha Norlll 60' feu1 for publlc road purpose?r. 304.34 feet; thence S 1' 1.9' 29" E, 1010.88 feet to the place of ADMISSION OF SERVICE Due Service of a Copy of: CERTIFICATE OF COMPENSATION & NOTICE OF RIGHT TO APPEAL THE AMOUNT OF COMPENSATION PURSUANT TO WISCONSIN STATUTES §32.06(2a) Admitted this day of , 1997 ROBERT W KLENZ ‘e 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 S32 06(2a) Admitted this day of , 1997 MICHAEL K. PLUMLEY ‘0 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 532 06(2a) Admitted this day of , 1997 RUSSEL D. KILPS AMOUNT OF COMPENSATION PURSUANT NOTICE OF RIGHT TO APPEAL, THE TO WISCONSIN STATUTE §32.06(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 by filing a petition with a Judge of the Circuit Court for Waukesha County, Wisconsin for proceeding to determine the amount of just compensation in accordance with Wisconsin Statute §32.06(7). For purposes of any such appeal, the amount of compensation stated in the Certificate shall be treated as the award and the date the conveyance is recorded shall be treated as the date of taking and the date of evaluation Dated this day of , 1997. CITY OF MUSKEG0 DAVID L. DE ANGELIS, Mayor ATTEST JEAN K. MARENDA, Clerk CERTIFICATE OF COMPENSATION Pursuant to Wisconsin Statute §32.06(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 532.06 of the Wisconsin Statutes. an interest of record in the property 1. The identity of all persons having immediately prior to its conveyance is as Return To: follows: City of Muskego P.O. Box 903 Robert W. Klenz Michael K Plumley Russel D. Kilps in which fee simple title was acquired is Tax Key No MSKC as follows: 2. The legal description of the property See Attached Legal Description Marked Exhibit "A" such acquisition is as follows: 3 The matter of the interest acquired and the compensation for The matter of the interest acquired is fee simple title for use as a public library and other municipal building purposes. The amount of compensation is $ Dated this day of , 1997. CITY OF MUSKEG0 David L. De Angelis, Mayor ATTEST : CITY SEAL Jean K Marenda, Clerk 0 This Instrument Was Drafted By: Attorney Donald S. Molter, Jr. Arenz, Molter, Macy & Riffle, S.C. 720 N. East Avenue, P.O. Box 1348 Waukesha, Wisconsin 53187-1348 5XFii31T "A" AL~ LLt pcrl: of the NW ~/4 oc Section 10, 5' N, R 20 E, in tile Ci.ty of bfuskeGo, l.izukc;alla County, Wisconsin, 'bounded and described as followr;: Comn*nci~~g at tl~e Southeast corner of said ,NW 1/4 Section; thence S 88' 02' 45" PI along the South line of 6z.id NW 1/4 Section, 666.93 fePL; thence fl be described; thence S 88' 43' 36' W, 327.20 feet; thence Cl 1" OOo 1' 19' 29'' W, 10.00 feet tx th2 plzce of beg,inn.ing 05 the lands to '45" N, 801.96 feec to a point in the centerline of W. Janesville Road (C.T.H. "tu); thence N 55' 4U' 00" E along sa.id centerline beginnlng. Excrpllng lherefrom the Norlh 60' feut for publlc road purpoveu. 304.30 feat; thence S 1' 1.9' 29" E, 1010.88 feet to tha place of WAIVER OF APPRAISAL, RECOMMENDATION & APPROVAL Owner Robert W Klenz, Michael K Plumley, Russel D Kilps Acquisition of See Attached Legal Description Interest Acquired Fee Simple Title for Property For Use as a Public Library and Other Municipal Building Purposes The undersigned owner of land designated as in the attached legal description, containing approximately 6.22 acres, agrees to accept settlement in the amount of Dollars as full payment for the fee simple title stated, subject to the approval of the City of Muskego. The undersigned owner has been fully informed of the right to have the property appraised, and to receive just compensation based upon an appraisal, has decided to waive the right to an appraisal The undersigned owner further states that the decision to waive such right to an appraisal was made without undue influence or coercive action of any nature. 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. ROBERT W KLENZ MICHAEL K. PLUMLEY RUSSEL D. KILPS IEIBIT "A" A11 L;liat pr:-l: of the N'd I/4 Section 10, ?' S N, R 20 Z, in the Ci.ty of bluskeso, Vaukeslla County, NLsconsin, 'bounded and deccribecl us followr;: Cofruwncing at tl~e along the South Line of sa.id NW 1/4 Sect.ion, 666.93 €eeL; thence :I Southsast corner of said ,NW 1/4 Section; thence S 88' 02' 45" PI 1" 19' 29" W, 10 .OO feet to rhe place of beg.inn.inq of the lunds to be described; thence S 88O 43' 36' W, 327.20 feet; thence N 1' 00" ,45' N, 801.96 feec to a point in the centerline of [.I. Janesville Roed (C.T.H. "t-); thence N 55' 4U' 00" E along said cenrerline bcginnlng. Excepting lherefrorn Ihe North 60' leut for public road purpo9av. 3134.30 feet; thence S la 1.9' 29" E, 1010.88 feet to tha place of a .. )OCUMENT NO Slaw nar or Wisconsin lbrn, I - 1982 WARRANTY DEED PLUMLEY & RUSSEL D. KILPS This Deed, made bemnnn ROBERT W. KLFNZ, MICHAEL K. Municipal Corporation Grantor,and CITY OF MUSKEGO, a Wisconsin Grantee. 'Witnesseth, Thsl Ihc said Grantor. lor avaluahlc ranridcralian conveys IO Grantee lhe lollovingdexrihcd real CSI~IC in Waukesha Coun1y See Attached Legal Description Marked Exhibit "A" 1115 SPACE KmEllVED I..Ol< RECORDING DATA Zc1urn D"c"mcnl10: Ms. Jean Marenda, City Clerk City of Muskego Muskego, WI 53150 P.O. Box 903 TaxParcelNo: TAX KEY NUM This is not homeslead property. Together wilh all and singular the hereditaments and appudenances lhereunlo belonging; And Robert W. Klenz, Michael K. Plumley & Russel D. Kilps warrants that the title Is good, Indeleaslbla In lee simple and lren and clear of encumbrances except recorded easements and restrictions and municipal and zoning ordinances and real estate taxes in year of closing, and will warrant and defend the same. All kitat pcrl: of ths NW 1/4 of Nisconsin, 'bounded 2nd described us follows: Colnmrncing at tl~e Section 10, 1' 5 N, R 20 E, in the Ci.ty of ~fusketp, !.\zukeGlls County, along the South line of sa.id NW 1/4 Sect.ion, 666.93 feek; thence kl Southeast corner of said .NW 1/4 Section; thence S 88' 02' 4s" 1' 19' 29" W, 10 -00 feet to the place of beginrring of the lunds to be described; thence S 88O 43' 36" W, 327.20 feet; thence CT lo OOa '45' VI, 801.96 feet: to a point in the centerline of W. Janesville oad (C.T.H. "t'); thence I.1 55' 4U' 00'' E along said cenrerline 04.30 feet; thence S 1' 1.9' 29" E, 1010.8R feet to tlis place of Excrpflng lhcrefrorn Iho Norlli 60' feu) for publlc road purpo9e9, WISCONSIN REAL ESTATE TRANSFER RETURN - CONFIDENTIAL Submit panr to RcgincrofDeed$ with documcnt(s) to te recorded. I: GRANtOR:' Robert W. Klenz, Michael K . Plumley , I V. PHYSICAL OESCRlPTlON AND PRIMARY USE BY GRANTEE For completion ypmc "lnsrmctionr for Real Esmle Trmrier Rclum" PE-5WA. i. Name Russel D. KilDS Landonty 2. Address. New address if property transferred ms primary residence 16. Primary use 15. Kind 01 property 0 Land and buildings 0 Other (explain) 17. Estimated land area and WPe 0 Single Fami~lcondominium 0 Multi-family . I units- a.0 Residential: 0 0 Primary Residence tor Lottery Credit 3. Grantor is 0 Individual 0 Partnership 0 COrPOIatiOn 0 Other 0 iime share unit a. Lot Sile __ x __ II. GRAHIEE: b. TOTAL ACRES 6 22 c.0 Manufacturing , c. MFL / FC / WL acres ~ b.0 Commercial Ilvy 4. Name City Of MuskWO 5. Address Muslcego, WI 53150 adjoining land wilhin 3 miles? 0 Yes 0 NO e.aOther (exp1ain)Public Library P.O. Box 903 d. Ft. of water frontage ~ d.0 Agricultural 0 Yes NO VI.TfLANSFER 18. Type of transfer: Sale 0 Gin 0 Exchange 0 Other(exPlain) 6. Granlor/grantee related: MNone OComlshanholder~ubsldia~ 0 ParlneRhiQ 0 Rrunclalo Famitf or WICK UPIam 20. Does the grantor retain any of the tollowing rights?O Life estate 0 Easement 7. Send lax blll IK Hams and addm 19. Ownership interest transterred: €d FUII 0 Partial (explain) 111. ENERGY 8. Is thb property subject 10 0 Yes NO Exclusion code~7it W-11, explain I 24. Value of pmperty exemplfmm local pmpertylaxlncluded on (25) f VII. COMPUTATION OF FEE OR STATEMENT OF EXEMPTION IV.PROPERTYTRANSFERRE0 9. @city OVillage OTown XCX MUSkWO 25. Total value of REAL ESTATE transferred I 26. Transfer tee due (line 25 times .W3) $ exempt County Waukesha 27. TRANSFER EXEMPTION NUMBER. sec. 77.25 ( 12) 10. Street address 11.Tuprmlnumbar 12. Lot no.@) Blk no.lsl 3. Section- Township Range 28. Grantee'stinancing obtainedfrom a. 0 Seller Plat name IftmaorbisWd. complete Pan Vlll. b. 0 ksumed existing financing c. 0 Financial institution I Other 3rd Party FlMndng Terms q.4. Lapal Darsrlptlon metes and bounds: (aftach .?copies ifnecessarvl See Attached Legal Description Marked Exhibit "A" VIII. FINANCING TERMS (FOR SELLEWASSUMED FINANCED TRANSACTIONS ONLY) Enter the date of change - -I - -I - - and the amount it will change to f IX. CERTIFICATION We declare under penalty of law. that this return has been examined by us and to the best Of our knowledge and belief it is true. Correct and complete. 1 Grantor or agent I Grantofs social security number or FEINI Date I Grantoh telephone number SIGN Agent's telephone number Print name and address 01 pranto<s agent Date Grantee's social security numberor FElN Grantee or agent HERE 0 39-6006023 Grantee's telephone number ( 414) 679-4100 SIGN HERE Print name and address 01 pranto<s agent Grantee or agent 0 Grantee's social security numberor FElN ( 414) 679-4100 39-6006023 Grantee's telephone number Date Agent's telephone number \I I Document number Date and kind Of COnveWCe Date recorded Pagellm. Vol.1Jac. Conv. code 1234 Parcel number ASSESSOR'S USE Parcel classiliation ONLY RES COM MFG AGR W FOR 123456 Assmt.year 19 - 0 Use 0 Field Sales number L Tax dist - - - I County - - " ksmL dial. - - 0 Reject Wisconsin Department of Revenue *C~C.* .9 * .1-. DISTRICT SUPERVISOR'S COPY .. EEIaIT "A" All Lliat pcrL of the NW 1/4 of wisconsin, 'bounded and drscribrc! us follows: Cormencing ut the Section 10, T 5 N, R 20 E, in the Ci.ty of Muskeyo, kiaukeslla Count.y, along the South line of sa.id NP7 1/4 Section, 666.93 fesL; thence Southeast corner of said .NW 1/4 Section; thence S 88' 02' 45" r.1 1" 19' 39" W, 10.00 feet to the place of beginning Of the 1unds to be described; thence S 88O 43' 36" V7, 327.20 feet; thence fl 1" 004 .45' N, 801.96 feet: to a point in the centerline of [.I. Janesville Road (C.T.E, "tu); thence L.1 55" 4Ua 00" E alo~rg said cencerline bqinnlng. Excrpllng Ihcrefrom Iha Norlh 60' feu1 for publlc road purpo2e.J. 04.30 feet; thence S lo 1.9' 29" E, 1010.88 feet to ths place of 8 CHICAGO TITLE INSURANCE COMPANY AFFIDAVIT AS TO CONSTRUCSION LIENS AYII A> rn I'OSSESSION AMOUNT OF COMPENSATION PURSUANT WAIVER OF APPEAL RIGHTS AS TO TO WISCONSIN STATUTE §32.06 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 532.06. Dated this day of , 1997 ROBERT W KLENZ MICHAEL K PLUMLEY RUSSEL D. KILPS BE IT RESOLVED t COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #161-97 OFFER TO PURCHASE ~~ does hereby approve the attached Offer to Purchase for the acquisition of land for a City library. :hat the Common Council of the City of Muskego BE IT FURTHER RESOLVED that the Mayor is authorized to make necessary technical changes in consultation with the City Attorney if needed. BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasuer are authorized to execute 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 , 1997. -BY: David L. De Angelis, Mayor This is to certify that this is a true and accurate copy of Resolution #161-97 which was adopted by the Common Council of the City of Muskego. 7/97jmb Clerk-Treasurer