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CCR1998176COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #176-98 OFFER TO PURCHASE Drainage Easement - Kogelmann BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Public Works Committee, does hereby authorize the execution of the attached Offer to Purchase and necessary closing documents for permanent storm drainage easement in Marlan Meadows Subdivision. BE IT FURTHER RESOLVED That the Mayor is authorized to make necessary technical changes, if needed, in consultation with the City Attorney to facilitate timely execution of the Offer and closing documents. 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 andlor closing dates, if necessary. DATED THIS 22nd DAY OF SEPTEMBER , 1998. SPONSORED BY: PUBLIC WORKS COMMllTEE Ald. Donald Pionek Ald. Kathy Chiaverotti Ald. Nancy Salentine This is to certify that this is a true and accurate copy of Resolution #176-98 which was adopted by the Common Council of the City of Muskego. 9/90 jmb Approved by Wisconsin Department 01 Regulation and Licensing Wisconsin Legal Blank CC.. Inc. 11-7-41 lO~t~anal Use Dale1 Mdwaukee. Wis. WE-13 VACANT LAND OFFER TO PURCHASE 1 1 *- 2 GENERAL PROVISIONS The Buyer. ~ offers to purchase the 5 in the City of Muskeqo , County of Waukesha , Wisconsin. ITY OF NUSKE.0, a Wisconsin Municipal Corporation property known as see attached leqal description 6 (Additional description. il any:) 7- on the followino terms: 10 8 EARNEST MON Y of $ n/a 11 money of $ in the form of n A' will be paid within nb days of acceptance. accomp nies this Offer and earnest 12 THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent at closing unless otherwise provided below. 13 ADDITIONAL ITEMS INCLUDED IN PURCHASE PRICE: Seller shall include in the purchase price and transfer. free and clear of 14 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 15 17-18, and the following additional items: none. 16 17 ITEMS NOT INCLUDED IN THE PURCHASE PRICE: none- 18 19 PROPERTY CONDITION REPRESENTATIONS: Seller represents lo Buyer that as of the date of acceptance Seller has no notice or 20 knowledge of conditions affecting the Property or transaction (as defined at lines 178 lo 208) nFa in the for of n/a 21 ZGWtFi 22 ICOMPLETE DATE OR STRIKE AS APPLICABLE 1% 23 24 ZONING: Seller represents that Ihe Property is zoned RS-2 25 TIME IS OF THE ESSENCE as lo: (1)- (2) binding acceptance: (3) occupancy: (4) date of closing 26 ISTRIKE AS APPLICABLEJ and all other dates and deadlines in this Offer except: none- 21 0 PRoV'SloNS AND ADDENDA I See lines 252 lo 305 for optional provisions including contingencies. See line 306 lo 29 determine if addenda. riders or other documents have been made a part of this Ofler. for all liabilities which are the respnsibllity oTthe , special assessments, etc. 35 8 BINDING ACCEPTANCE: This Offer is binding upon both parties only if acopy of the accepted Offer 1s delivered to Buyer on or before 36 Uztok.~- 15, 1998 CAUTION: Thla OHer may be wlfhdmwn pdor to dellvery ol fhe accepted OHer. 31 8 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. 42 (2) By giving the document or written notice personally to the party: 44 43 (3) By electronically transmittin the document or wnlten nollce to the lollowing [elephone number: Buyer: ( 414 t79-5630 Seller: ( ) 45 LOCCUPANCY AND RELATED PROVISIONS 46 OCCUPANCY Of the =sent 6 41 shall be given to Buyer at time of closing unless otherwlse agreed in writing. CAUTION: Conslder an agreement which addresses 48 responslblllty for clearing the Property of personal properly and debris, If appllcable. 9 LEASED PROPERTY- If Property is currently leased and leases extend beyond closing, Seller shall asslgn Seller's rights under said lease(s). if any, are MJ leases affect said propert lease(s)andtransferallsecuritydeposilsandprepaidrentsthereundertoBuyeratclosing.Thetermsofthe(written) (oral) ISTRIKE ONE] Y- 52 CLOSING: This transaction is to be closed at the place designated by Buyer's mortgagee or City 54 CLOSING PR0RATIONS:m. , unless another dale or place is agreed to in wriling. 56 51 53 no later than octoher 3u 19 98 55 fie!. 58 3 59 60 ~~ .. 66 Insurance [STRIKE AS APPLICABLE] as further described at lines 155 lo 169. )an owner's policy of title 61 CONVEYANCE OF TITLE: Upon payment of the purchase price, Seller shall convey the Property by&$- (or other easement 68 conveyance as Provid,ed herem) free and clear of all liens and encumbrances, except: municipal and zoning ordinances and agreements 69 entered under them. recorded easements for the distribution of utility and municipal services, recorded building and use restrictions and 70 covenants, general taxes levied in the year of closing &Vd 72 for purposes of this transaction. Seller further agrees lo complete and execule the documenls necessary lo record the conveyance. 13 CAUTION: SEE LlNES 74 TO 82 71 (provided none of the foregoing prohibit present use of the Property). which constitules merchantable title 74 LISSUES RELATED TO PROPERTY DEVELOPMENT page 2 of 4 - VACANT LAND 75 WARNING: If Buyer confemplaies dareloplng Properfy or e use ofher lhen fhe cumnf use, fhem am a vadeiy of Issues whlch should be 76 addmssed to ensum the devdopmeni or new use Is posslble. hlunlclpal and ronlng otdlnences, recorded bulldlng and use mstdcflons, 77 covenanis end easements may prohlbli cerialn lmprovemenfs or uses and iherefom should be revlewad. Sulldlng pannlis, zonlng 78 wrlances, Archliecfuml Control Commliiee epprovals, esflmeies lor uflllfy hook-up expenses, speclel asses8meni charges for 80 of,oreperflcutaruselor,aprope~y.OpilonalconilngencleswhlchallowBuyerfolnvesilgalecerialnoflheselssuescanbafoundafllnes 79 lnsiallailon oiroads orufllfile8, envlronmentslaudlis, subsoll issis. eic., may need lo be obialned lo deiennlne fhe feeslbllliyofdewlopment 81 252 lo 305.01 ihls Offer end Buyer mey add contlngencles as needed In addenda whlch may be added lo thls Offer (see llne 306). Buyer 82 should mvlew any plana for development or usa changes io daiermlne what 1ssues.should be addressed In conflngencles to ihls Offer. 83 84 85 86 87 88 - 90- 89 ~c. 91 93 92 94 95 96 101 100 102 104 1 03 105 106 107 108 109 110 111 112 114 113 115 116 118 117 119 120 121 122 1 23 127 1 28 129 130 131 INSPECTIONS: Seller agreestoallow Buyer's inspectors reasonableaccess tothe Property upon reasonable notice and gives Buyer's inspectorspermissiontoperformtestsoftheProperty,iftheinspectionsandthetestsarereasonablynecessarytosatisfythecontingencies Furthermore. Buyer agrees to promptly restore the property to its original condition after Buyer's inspections are completed, Unless in this Offer. Buyer agrees to promptly provide copies of all such inspection reports to Seller, and to listing broker if Property IS listed. Buyer's lnapecton to take a011 samples which may detecI envlronmental contamlnatlon whlch may be requlred to be reported to the otherwise agreed with Seller. CAUTION: Seller acknowledges that unless modllled, the contlngencies at llnes 252 to 305 authorlze PROPERTY DAMAGE BETWEEN ACCEPTANCE AND CLOSING: Seller shall maintain the Property until the earlier of closing or occupancy by Buyer in materially the same condition as of the date of acceptance of this Offer. If. prlor to the earlier Of closing or occupancy by Buyer. the Property is damaged in an amount of not more than five percent (5%) of the sellmg price, Seller shall be obllgated to restore the Property. If Seller is unable to restore the Property, Seller shall promptly notify Buyer in writing and this Offer may be this Offer may be cancelled at option of Buyer. Should Buyer elect to carry out this Offer despite such damage, Buyer shall be entitled to cancelledattheoptionoftheBuyer.Ifthedamageshallexceedsuchsum,SellershallpromptlynotifyBuyerinwritingofthedamageand any insurance proceeds relating to the damage to the Property, plus a credit towards the purchase prlce equal to the amount of 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 right to inspect the Property to determine that there has been no significant change in the condition of the Property. except for changes approved by Buyer. - Wlaconbln~Departmenl'ol Natural-Resources: - - - "~ " _. -~ "" .. - - .~ -1 Buyer acknowledgesthat Propertydimensions. total square footage. total acreage and allocation of acreage information provlded to Buyer by Seller or Seller's agent@) are approximate and, unless a survey has been provided. the Property dimensions have not been verified by survey. CAUTION Buyer should verlfy Property dlrnenslons. total square footage, total acreage or ellocatlon of acreage by sulvey II rnaterlal to Buyer's declslon to purchase. See llnes 286 to 291. pi%c] -1 Wisconsin Statutessection90.03requirestheownersofadjoiningpropertiesto keepand maintain legal fencesinequal shareswhereone or both of the properties is used and occupied for larming or grazing purposes. CAUTION: Conslder an agmmni addmsslng msponslbMiy lor fencas If Property or adlolnlng land Is used and occupled for iarmlng or grazlng purposes. materialfailuretope~ormanyobligationunderthisOfferisadefaultwhichmaysubjectthedefaultingpartytoliabilityfordamagesorother 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 legal remedies. If Buyer delaults,.Seller may: (2) terminate the Offer and have the Option to: (a) request the earnest money as liquidated damages: or (b) direct Broker to return the (1) sue for specific performance and request the earnest money as partial payment of the purchase prlce: or If Seller delaults. Buyer may: (2) terminate the Offer and request the return of the earnest money. sue for actual damages, or both. (1) sue for specific performance: or In addition. the Parties may seek any Other remedies available in law or equity. Of the Courts. If either Party defaults, the Parties may renegotiate the Offer or seek nonjudicial dispute resolution instead of the remedies ThePartiesunderstandthattheavailabilityofanyjudicialremedywilldependuponthecircumstancesolthesituationandthediscretion outlined above:By agreeing to binding arbitration. the Parties may lose the right to litigate in a court of law those disputes covered by the arbitration agreement. earnest money and have the Option to sue for actual damages. NOTE: WlSCONSlNLlCENSELAWPROHlBlTSABROKERFROMGlVlNGADVlCEOROPlNlONSCONCERNlNGTHELEGAL RIGHTS OR OBLIGATIONS OF PARTIES TO A TRANSACTION OR THE LEGAL EFFECT OF A SPECIFIC CONTRACT OR CONVEYANCE. AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS REQUIRED. Buyer's or Seller's legal right to earnest money cannot be determined by Broker. In the absence 01 a mutual agreement by the Parties. earnest money w~ll be distributed as set forth in lines 133 to 154. 132 133 134 136 135 138 137 1 39 140 141 142 143 144 145 146 147 148 (Le: 151 153 152 154 LEARNEST MONEY HELD BY. Earnest money, if held by a broker, shall be held in the trust account of the broker drafting the Otfer prior to acceptance of Oflerandinthetrustaccountofthelistingbroker(buyer'sagentifPropertyisnotlisted)afteracceptanceuntilappliedtopurchasepriceor otherwise dlsbursed as, provlded in the Offer. If negotiations do not result in an accepted offer, the earnest money shall be promptly disbursed (after clearance from payor's depository institution if earnest money is paid by check) to the person who paid the earnest money. CAUTION: If someone other than Buyer makes paymenf of earnesf money on behalf oi Buyer, conslder a speclal agreemanf regatdlng dlsbursemeni. m DISBURSEMENT At closing, earnest money shall be disbursed according to the closing Statement. If this Offer does not close, the earnest money shall be disbursed according to a written disbursement agreement signed by all Parties to this Offer. If said disbursement agreement has not been delivered to broker within 60 days after the date set for closing. broker may disburse the earnest money: (1) as directedbyanattorneywhohasreviewedthetransactionanddoesnotrepresentBuyerorSeller: (2)intoacourthearingalawsuit1nvolving 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. Brokermayretainlegalservicestodirectdisbursementper(l)ortofileaninterpleaderactionper(2)and,insuchevent,brokermaydeduct from the earnest money any costsand reasonable attorneys fees. not to exceed $250, prior to disbursement. Should persons other than LEGAL RIGHTS/ACTION: Broker'sdisbursement of earnest money does not determine the legal rightsof the Parties in relation to this broker hold earnest money, an escrow agreement should be drafted by the Parties or an attorney for Buyer or Seller. Offer.Atleast30dayspriortodisbursementper(l)or(4),brokershallsendBuyerandSellernoticeofthedisbursementbycertifiedmail.lf BuyerorSellerdisagreewithbroker'sproposeddisbursement.alawsuitmaybeliledtoobtainacourtorderregardingd~sbursement.Small Claims Court has jurisdiction over all earnest money disputes arising Out of the sale of residential property with 1-4 dwelling units and certain other earnest money Ulsputes. The Buyer and Seller should consider Consulting attorneys regarding their legal rights under this Offer in case'of a dispute. Offer or applicable Department of Regulation and Licensing regulations concerning earnest money. (Wis Administrative Code RL 18.) Both Parties agree to hold the broker harmless from any liability for good faith disbursement of earnest money in accordance wlth this ome 3 of 4 - VACANT LAND 155 1 TITLE EVIDENCE 1 156 FORM OF TITLE EVIDENCE/&%KH shall give evidence of title (as selected at lines 65 to 66) to the Property in the form of: 157 " 158 insurance in the amount of the ourchase orice marurrent ALTA form issued by an insurer licensed to write title insurance in Wisconsin. 1- an owner's policy of title "" ~ ~ Buyer .. 159 PROVISION OF MERCHANiABLE TiTLE/% shall pay all costs of providing title evidence. For purposes of closing, title evidence 160 shallbeacceptableiftheabstractoracommitmentfortherequiredtitleinsuranceisdeliveredtoBuyer'sattorneyortoBuyernOtlessthan3 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 erchantable. subject only to liens which:will be paid out of the proceeds of closing and standard abstract certificate limltations or 1 tandard title insurance requirements and exceptions. as appropriate. 164 TITLE ACCEPTABLE FOR CLOSING: Ifti!leisnotacceptableforclosing.BuyershallnotifySellerinwritingofobjectionstotitlebythe 165 timesetforclosing.Insuchevenl.Sellershallhaveareasonabletime,butnotexceeding15days,toremovetheobjections.andthetimefor 167 from receipt of notice thereof. to deliver written notice waiving the objections. and the time for closing shall be extended accordingly. If 166 closingshallbeextendedasnecessaryforthispurpose.IntheeventthatSellerisunabletoremovesaldobjections.Buyershallhave5days 168 Buyer does not waive the objections. this Offer shall be null and void. Providing title evidence acceptable for closing does not extinguish 169 Seller's obligations to give merchantable title to Buyer. 170 ENTIRE CONTRACT 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 the Parties to this Offer and their 173 successors in interest. " CL 'a 174 L-1 175 ACCEPTANCE: Acceptance occurs when all Buyers and Sellers have signed the Offer. See lines 35 and 36 regarding binding 176 acceptance. CAUTION: CONSIDER WHETHER SHORT TERM DEADLINES RUNNING FROMACCEPTANCE PROVIDE ADEQUATE 177 TIME FORKH BINDING ACCEPTANCE AND PERFORMANCE. 178 CONDITIONS AFFECTING THE PROPERTY OR TRANSACTION: A "condition affecting the Properly or transaction" is defined as 179 fnllnwn' 180 (a) Planned or commenced public improvements which may result in special assessments or otherwise materially affect the Property or 181 the present use of the Properly; 182 (b) Government agency or court order requiring repair, alteration or correction of any existing condition; 183 (c) Completed or pending reassessment of the Property for properly tax purposes: 184 (d) Any land division involving the Properly, for which required state or local approvals were not obtained; 185 (e) AnyportionofthePropertybeinginalOOyearfloodplain,awetlandorshorelandzonlngareaunderlocal.stateorfederalregulations: 186 (1) AnyportionofthePropertybeingsubjectto,orinviolationof,aFarmlandPreservalionAgreementunderaCountyFarmlandPreservation 188 (9) Boundalydisputesormaterialviolationoffencelaws(Wis.Stats.Chapter90) which requiretheerectionandmaintenanceof legalfences 187 Plan or enrolled in, or in violation of. a Forest Crop, Woodland Tax, Managed Forest, Conservation Reserve or comparable program; betweenadjoiningpropertieswhereoneorbothofthepropertiesisusedandoccupiedforfarmingorgrazingpurposes: Seelines 107 to 110. . . . -. . . . . . ib (h) Material violations of environmental rules or other rules or agreements regulating the use of the Property; (i) Conditions constituting a significant health or safety hazard for occupants of Property: 193 (1) UndergroundstoragetanksonthePropertyforstorageofflammableorcombustibleliquidsincludingbutnotlimitedtogasolineand 194 heatingoil; NOTE: WlsconalnAdmlnlrlrallv~Code, ChapterlLHR 10contalnsmglslrallonendoperallonnrleslorsuchunUergmund storage tanks. 195 (k) Undergroundstoragetanksforstorageofflammableorcombustibleliquidsincludingbutnotlimitedtogasolineandheatingoil,which 196 were previously located on the Property; 197 (I) High voltage electric (100 KV or greater) or steel natural gas transmission lines located on but not directly serving the Property: 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; 201 (0) SubsoiIconditionswhichwouldsignificantlyincreasethecostofthedevelopmentproposedatIines268to269,ifany,including. 203 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 to the Property from public roads; 206 (q) Prior reimbursement for corrective action costs under the Agricultural Chemical Cleanup Program: (Wis. Stats. 594.73.) 207 (I) Otherconditionsoroccurrenceswhichwouldsignificanllyincreasethecostofthedevelopmentproposedatlines268 to 269 or reduce the 208 209 Dm: Deadlinesexpressedasaspecificnumberof"days"fromtheoccurrenceofanevent,suchasacceptance.arecalculatedby valueofthePropertytoareasonablepersonwithknowledgeofthenatureandscopeoftheconditionoroccurrence.See lines 19 to 23. 210 excluding the day the event occurred. The deadline then expires at midnight on the last day. Deadlines expressed as a specific 212 designated by the President such that the postal service does not receive reglstered mail or make regular dellveries on that day. 211 numberof"businessdays"excludeSaturdays,SundaysandanylegalpublicholidayunderWisconsinorFederallaw,orotherholiday 213 Deadlinesexpressedasaspecificdayofthecalendaryearorasthedayofaspecificevent,suchasclosing,expireatmidnightofthatday. 214 FIXTURES: A"Fixture"isanitemofpropertywhichisphysicallyattachedtoorsocloselyassociatedwithlandastobetreatedaspart 215 ofthe real estate. including, without limitation. physically attached itemsnoteasily removable without damage tothe property. items 216 specificallyadaptedtotheproperly,anditemscustomarilytreatedasfixtures~ncludingbutnotlimitedtoall:perennialcrops:gardenbulbs. 217 p1ants:shrubs;treesandfences. CAUTION: ANNUALCROPSARENOTINCLUOEOfNTHEPURCHASEPRlCEUNLESSOTHERWlSEAGREEOATLlESJ3loI8. 2t8 MAP OF THE PROPERTY- See lines 286 to 291. 219 BOUNDARY MAP: A mapofthePropertyprepared bya licensed landsurveyor which identifiesthe legaldescription and boundaries MORTGAGE INSPECTION MAP: AmapoftheProperty prepared byalicensed landsurveyorwhich identifies thelegaldescription of the property. A "boundary map" also includes the staking of all corners of the Property by the surveyor. of the Property, the boundaries of the Property and the location of improvements. 223 SURVEY MAP: A map of the Property prepared bya licensed land surveyor, dated no more than six months prior to the scheduled 224 closing dale, containing the ALTA certification and showing: complete legal description of the Property; dedicated and apparenl 225 streets: bounddries: lot dimensions; acrea,ge or square footage; existing improvements: easements and rights-of-way and visible 226 encroachments upon the Property. 227 TIME IS OFTHE ESSENCE: If"TimeisoftheEssence"appliestoadateordeadline.failuretoperformbytheexactdate0rdeadline 228 isabreachofcontract.If"TimeisoftheEssence"doesnotapplytoadateordeadline.thenperformancewithinareasonabletimeof 229 the date or deadline is allowed before a breach occurs. See lines 25 to 27 199 regulations: 202 but not limited to. subsurface foundations, organic or non-organic fill, dumpsites or containers on Property which contained or b , 230 231 232 233 234 236 235 237 238 239 240 24 1 242 243 244 246 245 247 7AR LPROVISIONS RELATED TO FINANCING LOAN COMMITMENT. If this Offer is contingent on financing. Buyer agrees to pay all customary financing costs (including closing fees), to promptly apply for financing and to promptly provide evidence of application upon request of Seller. If Buyer qualifies for said financingorotherfinancingacceptabletoBuyer.BuyeragreestodelivertoSeller,orSeller'sagent,acopyofthewrittenloancommitment no later than the deadline for loan commitment under the Financing Contingency If Buyer does not make timely delivery of said commitment. Seller may terminate this Offer if Seller delivers a written notice of termination to Buyer prior to Seller's actual recelpt 01 FINANCING UNAVAILABILITY: If this Offer is contingent on financing and financing is not available on the terms stated, Buyer shall a copy of Buyer's written loan commitment. promptlydeliverwritlen noticetoSellerofsameincludingcopiesoflender(s)'rejectionletter(s)orotherevidenceofunava~lability.Unless a specific loan source is named in the financing contingency. Seller shall then have 5 days to give Buyer written notice of Seller's decision to finance this transaction on the same terms set forth herein, and this Offer shall remain lull force and effect, with the time lor closing extended accordingly. If Seller's notlce is not timely given, this Offer shall be null and void. m LAND CONTRACT, If this Offer provides for a land contract. prior to execution of the land contract Seller shall provide the same evldence of merchantable title as required above and written proof, at or before execution. that the total underlying indebtedness, if any, is not in excess of the p;oposed balance of the land contract, that the payments on the land contract are sufficient to meet all of the obligations of Seller on the-underlying indebtedness. and that all creditors whose consent is required have consldered to the land contract sale. If indivldual parcels of the Property are belng released on paydown on the land contract, the terms and condittons of such releases should be included.in the land contract. PAllTlnN If mrvar m'mdraa llnanclno for conslrucilon or develoomenl. conslder addlng a conllngency for lhat PurPOJe. 49 PROPERTY DESCRIPTION See Attached'Legal Description page _. .. 250 25 1 OPTIONAL PROVISIONS: THE PROVISIONS ON LINES 252 THROUGH 306 ARE A PART OF THIS OFFER IF MARKED, ~ SUCH AS WITH AN "X". THEY ARE NOT PART OF THIS OFFER IF MARKED MIA OR ARE LEFT BLANK. 252 0 FINANCING. CONTINGENCY: This Ofleriscontingentupon Buyer being able toobtain, within - days of acceptance ofthis Offer, 253 a (STATE LOAN PROGRAM AND STATE IF CONSTRUCTION LOAN] 254 (fixed) (adjustable) lSTRlKE ONE 1 rate first mortgage loan commitment. in an amount of not less than $ lor a term of 274 273 275 276 277 278 279 280 281 282 284 283 286 285 287 288 289 290 291 292 293 294 255 not less than __ years, amortized over not less than __ years. I1 the purchase price under this Olfer is modified, the loan amount, 256 unless otherwise provided, shall be adjusted to the same percentage of the purchase price as in this contingency and Ihe monthly 257 payments shall be adjusted as necessary to maintain the term and amortization stated above. 259 not exceed $ 258 IF FINANCING IS FIXED RATEtheannualrateolinterestshallnotexceed- Ohandmonthlypaymentsofprincipalandinterestshall 260 IF FINANCING IS ADJUSTABLE RATE the initial annual interest rate shall not exceed ~ %. The initial interest rate shall be Iixed 261 lor __ monfhs. at which time the interest rate may be increased not more than __ Oh per year. The maximum interest rate during 263 Monthly payments ol principal and interest may.be adlusted-fe-rellect-interest changes. - - - 262 the mortgage term shall not exceed- Oh. Initial monthly payments of principal and interest shall not exceed $ 264 MONTHLY PAYMENTS MAY ALSO INCLUDE 1112th 01 the estimated net annual real estate laxes. hazard insurance premiums. and 265 private mortgage insurance premiums. The mortgage may not include a prepayment premium. Buyer agrees topay a loan fee in an amount 266 not to exceed - Oh 01 the loan. [Loan fee refers to discount points and/or loan origination fee, but DOES NOTinclude Buyer's other 267 closing costs.] SEE LINES 230 TO 248 FOR ADDITIONAL FINANCING PROVISIONS. 268 0 PROPOSED USE CONTINGENCY: Buyer is purchasing the property lor the purpose of: 269 This Oller is contingent upon Buyer obtaining the lollowing PHECK ITEMS THAT APPLYk 0 Written evidence at (Buyer's) (Seller's) \STRIKE ONE 1 expense from a qualified soils expert that the Property is free of any subsoilcondition which wouldmake thepropmeddevelopment impossible orsignilicantlyincrease the costs olsuch development: See line 88. indicatesthattheProperty'ssoilsatlocationsselectedbyBuyerandallotherconditions whichmustbeapprovedtoobtainapermit 0 Written evidence at (Buyer's) (Seller&) ISTRIKE ONE] expense from a certified soils tester or other qualified expert that for a private conventional septic system tor: [insertproposeduse of Property: e.g.. three bedroom single family home] meet applicable codes in effect as olthedate ofthis Ofler. A conventional System (does) (does not) [STRIKE ONE1 include alternate private systems such as mound systems or in-ground pressure distribution systems for the purposes 01 this contingency. A conventional system does not include a holding tank, privy. composting toilet or chemical toilet. 0 Copiesat(Buyer's) (Seller's) rSTRlKE ONE 1 expenseofallpublicandprivateeasements. covenantsandrestrictionsaflecting fhe Property and a written determination by a qualified independent third party. at Buyer's expense. that none ol these prohibit or signilicantly delay or increase the costs 01 the proposed use or development identified at lines 268 to 269. such permits, approvalsandlicensesat(8uyer's) (Seller's) ]STRIKE ONE 1 expense for the following items related to the proposed Permits. approvals andlicenses, as appropriate, or the finaldiscretionary action by the granting authorityprior to the issuance of -~ - A map 01 the Property at (Buyer's) (Seller's) [STRIKE ONE1 expense of the following type: 0 a boundary map: 0 mortgage inspection map: survey map [CHECK ONE BOX TO DESIGNATE MAP TYPE 1 See lines 218 to 226 for definitions ol each map type. I/ this paragraph is checked but more than one type or no type is selected. a a selecflon. The map of the Property shall show no significant encroachments or any information materially inconsistent with Ihe boundarymapisdeemedselected. CAUTION: Consldercosfendfheneedlorthaleefumsolfhevadousmaplypesbelon,maklng prior representations to Buyer or which would render the proposed developmen! impossible or significantly increase its cost. 0 Writtenevidenceat(Buyer's)(Seller's) ISTRIKE ONE1 expensethatthefollowingutilityconnectionsarelocatedasfollows(e.g. on the Property, at the lot line. across the street. etc.): electricity , gas municipal sewer Oiher~ ET RlKE AND COMPLETE AS APPLICABLE]. Thls conllngency shell be deemed saflslled unless Buyer wlfhln __ daya of acceptance dellven wdllen noflce lo Seller speclfylng 298 notlce cannol be saflsltd. those Items 01 lhls conflngency whlch cannot be setlslled and wdften evldence subsfanllaflng why each speclllc llem Included In Buyefs 299 [7 INSPECTION CONTINGENCY: This Ofler is contingent upon a qualified inspectorls) conducting an inspection(s). at Buyer's 300 expense, of the Property and 301 no defects as defined below. This contingencyshall be deemedsatislied unless Buyer within __ days ol acceptance delivers to Seller a which discloses 302 copy of the inspector's written inspection report and a written notice tisling the delects identilied in the report to which Buyer objects. for 304 S~f~lyolpersonswhooccupyormakeuseolitorgivesevidenceofanymaterialuse,storageordisposalofhazardousortoxicsubstances 303 the purposes ofthis coniingency a defect is definedas any condition ol the Property which constitutes a signilicant threat to the health or 305 on the property. 306 @ OTHER: The altached documents 307 IF ACCEPTEO. THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT. BOTH PARTIES SHOULO CAREFULLY REA0 THIS XXlare made part of /his Oller. 308 DOCUMENT. BROKERS MAY PROVIOE A GENERAL EXPLANATION OF THE PROVISIONS OF THE OFFER BUT ARE PROHIBITED BY LAW 309 FROM GIVING ADVICE OR OPINIONS CONCERNING YOUR LEGAL RIGHTS UNDER THIS OFFER OR HOW TITLE SHOULO BE TAKEN AT CLOSING. 310 AN ATTORNEY SHOULO BE CONSULTEO IF LEGAL ADVICE IS NEEOEO. ,~ municipal water-; telephone 313 1x1 W 314 lBu& Signstwell Print Name here: L UaVld L. L@ AI-IqeLlS w- ID#- (Date) 115 1x1 By: $16 (Buyer's Stgnature)A Print Name here: d& K. Marenda, Clerk :17 EARNEST MONEY RECEIPT Broker acknowledges receipt Of earnest money as per line 10 of the above Offer. .I8 19 SELLER ACCEPTS THIS OFFER. THE WARRANTIES. REPRESENTAtlONS AN0 COVENANTS MAOE IN THIS OFFER SURVIVE CLOSING AN0 (Dale) a Broker (By) THE CONVEYANCE OF THE PROPERTY. THE UNOERSIGNEO HEREBY AGREES TO CONVEY THE ABOVE-MENTIONED PROPERTY ON THE ERMS AN0 CONOITIONS AS SET FORTH HEREIN AN0 ACKNOWLEOGES RECEIPT OF A COPY OF THIS OFFER. ?2 (XI 23 (Seller's Signature)A Prmt Name here-Clifford R. Kqe- (Social Security No.) loare) 24 (x) 25 ISeller'sSlgnature)A Prht Name here:&OSa M. Kcgelnmn (Social Security NO.) (Dele) ?6 This offer was presented lo Seller by on , 19-, at ~ a.m./p.m. I '7 THIS OFFER IS REJECTED THIS OFFFR IC. cnllNrFarn lca- -tt--~. A .I LEGAL DESCRIPTION Permanent Storm Drainage Easement All that part of the Northeast one quarter of the Southeast one quarter of Section 4, Town 5 North, Range 20 East, City of Muskego, Waukesha county, Wisconsin, more hlly described as follows: Commencing at the Southerly comer of Lot 13, Marlan Meadows Subdivision; thence North 5?58'39" West, along the Southwesterly line of said Lot 13, 10.00 feet to the point of beginning, also being the Westerly comer of an existing permanent storm drainage easement recorded as Document No. 1662326, Reel 1329, Image 753; thence continuing North SZ"58'39" West along said Southwesterly lot line 5.07 feet; thence North 42'25'51" East parallel and 15.00 feet offset from the Southeasterly lot line of said Lot 13, 44.78 feet to the Northwesterly line of said recorded easement; thence South 36"05'46" West along said Northwesterly easement line 44.58 feet to the point of beginning. Containing 113 square feet (0.0026 acres). 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 , 1998. CLIFFORD R. KOGELMANN ROSA M. KOGELMANN 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 , 1998. FIRST FINANCIAL BANK By : ADMISSION OF SERVICE Due Service of a Copy of: CERTIFICATE OF COMPENSATION & NOTICE OF RIGHT TO APPEALTHE AMOUNT OF COMPENSATION PURSUANT TO WISCONSIN STATUTES §32.05(2a) Admitted this day of , 1998 FIRSTAR BANK USA, N.A. By : 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 , 1998. CITY OF MUSKEG0 ATTEST: David L. De Angelis, Mayor Jean K. Marenda, Clerk ll CERTIFICATE OF COMPENSATION 0 Document No. Pursuant to Wisconsin Statute 532.05(2a), this document shall be recorded with the Waukesha County Register of Deeds, Waukesha, Wisconsin. permanent easement in the property described That the City of Muskego has acquired a below pursuant to 532.05 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 follows : Clifford R. Kogelrnann and First Financial Bank Firstar Bank USA, N.A. Rosa M. Kogelmann, his wife Return To: City of Muskego P.O. Box 749 Tax Key No.: Part of MSKC 2176.208 easement was acquired is described as follows: 2. The legal description of the property in which a permanent '0 See Attach.ed Legal Description Marked Exhibit "2" such acquisition is as follows: 3. The matter of the interest acquired and the compensation for The matter of the interest acquired is a permanent easement The amount of compensation is $0.00. for storm sewer-water course improvements. Dated this day of , 1998 CITY OF MUSKEG0 ATTEST : Jean K. Marenda, Clerk 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 David L. De Angelis, Mayor CITY SE& LEGAL DESCRIPTION Permanent Storm Drainage Easement All that part of the Northeast one quarter of the Southeast one quarter of Section 4, Town 5 North, Range 20 East, City of Muskego, Waukesha county, Wisconsin, more fully described as follows: Commencing at the Southerly comer of Lot 13, Marlan Meadows Subdivision; thence North 5233'39'' West, along the Southwesterly line of said Lot 13, 10.00 feet to the point of beginning, also being the Westerly comer of an existing permanent storm drainage easement recorded as Document No. 1662326, Reel 1329, Image 753; thence continuing North 52'58'39" West along said Southwesterly lot line 5.07 feet; thence North 42'25'51'' East parallel and 15.00 feet offset from the Southeasterly lot line of said Lot 13, 44.78 feet to the Northwesterly line of said recorded easement; thence South 36'05'46" West along said Northwesterly easement line 44.58 feet to the point of beginning. Containing 113 square feet (0.0026 acres). 0 WAIVER OF APPRAISAL. RECOMMENDATION & APPROVAL NOMINAL PAYMENT OR NO PAYMENT PARCEL Owner: Clifford R. Kogelmann and Rosa M. Kogelmann, his wife Acquisition of: See Attached Legal Description Interest Acquired: Permanent easement for storm sewer-water course improvements. The undersigned owners of land designated as in the attached legal description, containing approximately 0.0026 acres, agrees to accept settlement in the amount of Zero ($0.00) Dollars as full payment for the easement 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 , 1998. CLIFFORD R. KOGELMANN ROSA M. KOGELMANN LEGAL DESCRIPTION Permanent Storm Drainage Easement All that part of the Northeast one quarter of the Southeast one qu&er of Section 4, Town 5 North, Range 20 East, City of Muskego, Waukesha county, Wisconsin, more fully described as follows: Commencing at the Southerly comer of Lot 13, Marlan Meadows Subdivision; thence North 52"58'39" West, along the Southwesterly line of said Lot 13, 10.00 feet to the point of beginning, also being the Westerly comer of an existing permanent storm drainage easement recorded as Document No. 1662326, Reel 1329, Image 753; thence continuing North 52'58'39'' West along said Southwesterly lot line 5.07 feet; thence North 42"25'51" East parallel and 15.00 feet offset fiom the Southeasterly lot line of said Lot 13, 44.78 feet to the Northwesterly line of said recorded easement; thence South 36"05'46" West along said Northwesterly easement line 44.58 feet to the point of beginning. Containing 1 13 square feet (0.0026 acres). 0 WAIVER OF APPEAL RIGHTS AS TO AMOUNT OF COMPENSATION PURSUANT TO WISCONSIN STATUTE 532.05 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 , 1998. CLIFFORD R. KOGELMANN ROSA M. KOGELMANN EASEMENT THIS INDENTLTE, made this day of R. KOGELMANN & ROSA M. KOGELMANN, husband and wife, and FIRST FINANCIAL BANK and , 1998, by and between CLIFFbRD FIRSTAR BANK USA, N.A., hereinafter referred MUSKEGO, located in Waukesha County, to as party of the first part, and CITY OF Wisconsin, hereinafter referred to as party of the second part. WITNESSETH: CLIFFORD R. KOGELMANN & ROSA M. KOGELMANN, WHEREAS, the party of the first part, owns a parcel of real estate and the party of the first part, FIRST FINANCIAL BANK, holds a mortgage on said real estate, and the party of the first part, FIRSTAR BANK USA, N.A., holds a mortqaqe on said real estate located Return To: City of Muskego P.O. Box 749 Muskego, WI 53150 Tax Key No.: Part of MSKC 2176.208 in the City of Muskego and described as follows: " SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "1" WHEREAS, party of the second part has requested from the party of the first part a permanent easement for storm sewer-water course improvements including construction, repair, maintenance and reconstruction of the storm sewer-water course improvements. sum of ONE DOLLAR and other good and valuable consideration, the receipt whereof is hereby acknowledged and confessed, do grant and convey unto the party of the second part, a permanent easement for storm sewer-water course improvements including construction, repair, maintenance and reconstruction of the storm sewer-water course improvements in the City of Muskego, Waukesha County, Wisconsin, on, over and in the following described real estate: NOW, THEREFORE, party of the first part, in consideration of the SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "2" USE OF LAND Party of the first part consents to the entry of the employees, workmen, agents or independent contractors of party of the second part for and incidental to the construction, repair, maintenance and reconstruction of said storm sewer-water course improvements, but reserve to themselves the right to make such use of land included in regulations of the party of the second part, and the statutes of the said easement, subject to the ordinances of the City of Muskego, the State of Wisconsin as will not disturb or interfere with such storm sewer-water course improvement or prevent ingress, or egress, thereto for the purpose of construction, repair, maintenance and reconstruction thereof. The parties expressly acknowledge that the party of the second part may allow others not parties to this easement to use the easement for the purposes indicated above. THIS INDENTURE, upon its acceptance by the party of the first part, shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, successors and assigns. IN WITNESS WHEREOF, party of the first part has executed this indenture the day and year first above written. THIS IS NOT HOMESTEAD PROPERTY. CLIFFORD R. KOGELMANN ROSA M KOGELMANN STATE OF WISCONSIN ) COUNTY OF WAUKESHA ) ) ss. Personally came before me this the above named CLIFFORD R. KOGELMANN & ROSA M. KOGELMANN to me known day of , 19987, acknowledged the same. to be the persons who executed the foregoing instrument and NOTARY PUBLIC, STATE OF WI My commission expires: FIRST FINANCIAL BANK STATE OF WISCONSIN ) COUNTY OF WAUKESHA ) ) SS. By : Personally came before me this day of 1998, the above named , as the , and and acknowledged the same. to me known to be the persons who executed the foregoing instrument , as the , of FIRST FINANCIAL BANK, NOTARY PUBLIC, STATE OF WI My commission expires: 0 -2- FIRSTAR BANK USA, N.A. STATE OF WISCONSIN ) COUNTY OF WAUKESHA ) ) ss. By : By: Personally came before me this day of 1998, the above named to me known to be the persons who executed the foregoing instrument and acknowledged the same. , as the , and , as the , of FIRSTAR BANK USA, N.A., NOTARY PUBLIC, STATE OF WI My commission expires: 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 -3- Lot 11 in Marlan Meadows, located in :he Southeas: 1/4 of Sectior. 4, Town 5 Nor:h, Raxje 20 'East, City of Mcskego, Councy of Xaukesha, S:a:e of Wiscoasln Tax Ke:/ No MSKC 2176 208 EXHIGIT ''2 " LEG.< DESCRIPTION Permanent Storm Drainage Easement AI1 that part of the Northeast one quarter of the Southeast one quarter of Section 4, Town 5 North, Range 20 East, Cim of Muskego, Waukesha county, Wisconsin, more fully described as follows: Commencing at the Southerly comer of Lot 13, Marlan Meadows Subdivision; thence North 52O58'39" West, along the Southwesterly line of said Lot 13, 10.00 feet to the point of beginning, also being the Westerly comer of an existing permanent storm drainage easement recorded as Document No. 1662326, Reel 1329, Image 753; thence continuing North 52"58'39" West along said Southwesteriy lot line 5.07 feet; thence North 42"25'51" East parallel and 15.00 feet offset from the Southeasterly lot line of said Lot 13, 44.78 feet to the Northwesterly line of said recorded easement; thence South 36"05'46" West along said Northwesterly easement line 44.j8'feet to the point of beginning. Containing 113 square feet (0.0026 acres).