CCR1998243COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #243-98
OFFER TO PURCHASE
Bouraxis
BE IT RESOLVED That the Common Council of the City of Muskego, upon the
recommendation of the Public Utilities Committee, does hereby authorize the execution
of an Offer to Purchase and necessary closing documents for permanent easements for
sanitary sewer improvements.
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 and/or closing dates, if necessary.
0 DATEDTHIS 8TH DAY OF DECEMBER ,1998.
SPONSORED BY:
PUBLIC UTILITIES COMMllTEE
Ald. David Sanders
Ald. Donna Woodard
Ald. Mark Slocomb
This is to certify that this is a true and accurate copy of Resolution #243-98 which was
adopted by the Common Council of the City of Muskego.
12/98 jm b
5 In Ihe __~ of
6 (Add,lionaldescrrphon. 11any:j ~ ~~ ~~~ ~~~
7 ~~ ~
City i+nnlskego _~. County of - kukesha - ___ Wisconsin
8 1 PURCHASE PRICE. Z""~~ eo _____ ~
on the foltowmg terms'
9 ~~~~~ -. ~~~ ~~ ~ ~~~~ Dollars I.
10 rn EARNEST MONEY 01 $~-.-z'.-~-~~ ~- In he form ot ~-~--?/a-- accompanies this Offer and earnest
11 money of $ -._!?!a-. ~~ ~n Ihe torm of ----n!!a~~ will be paid wilhin"!&!/a--~ days of acceptance.
13 I ADDITIONAL ITEMS INCLUDED IN PURCHASE PRICE: Seller shall Include in Ihe purchase price and lransler. lree and clear of
12 THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent a1 closing unless Otherwise provided below
14 encumbrances. all lixtures, as dellned at lhnes 214 to 217 and as may be on the Properly on rhe dale of this Offer, unless excluded a1 lines
15 17-18, and Ihe followmg addltlonal ilems: &"X!% ~~
16 ~~ ___-
.. Wne
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17 = ITEMS NOT INCLUDED IN THE PURCHASE PRICE:
18 ~~~ ~~~~~ _._. ~ .- ~ ~
20 knowledoe of Conditions allectino the Prooerlv or transaclion (as delined at llnes 178 to 208)
19 I PROPERTY CONDITION REPRESENTATIONS: Seller represenrs to Buyer Ihat as 01 the dale 01 acceptance Seller has no notoce Or
23 ". ~ ~~ ~
24 1 ZONING: Seller represents thal the Property is zoned .B-4(.tLi~~~-~~~~i~-~t)_______
25 I TIME IS OF THE ESSENCE as to: (2) binding acceptance; (3) occupancy: (4) date 01 closing
26 rSTRlKE AS APPLICABLE! and all Other dates and deadlines in this Offer except: 0one.-
34 LACCEPTANCE. DELIVERY AND RELATED PROVISIONS
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35 I BINDING ACCEPTANCE. ThisOlferls bindlng upon bolh partiesonly if acopyol theacceptedOllerisdelivered lo Buyeron or before
36 ~~----J/L_%?_.-___ CAUTION: Thls 0th may be wlfhdrawn prlor lo dellvery 01 Ihe accepled Offer.
37 I DELIVERY OF DOCUMENTS AND WRITTEN NOTICES: Unless olherwise stated in this Offer, delivery of documents and written
38 notices to a party shall be ellectlve only when accomplished in any of [he following ways'
39 (1) Bydeposit~ngthedocumentorwrittennoticepostageorleesprepaidintheU.S.MailoracommercialUel~vrrysystemaddressedlothe
40 party at: Buyer. ap-alBoK749,"WkfCJO,~fi~W~
41
42 (2) By giving Ihe document or writlen notlce personally Io the party.
43 (3) By eleclronlcally lransrnitllng the document or written notice lo the lollowing lelepllone nl,lllber'
44 Buyer. (~~.~~--)-~~679~~_6_30_~._~~~_..~~~. seller. (.-~- ~~~ ~~ ~
45 1- OCCUPANCY AND RELATED PROVISIONS
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46 1 OCCUPANCY01 ...~-~uleeas-~~~~~..~-~ ~ -~
47 shall be glven to Buyer at lime 01 closlng Ilnless otherwise agreed 111 w~iling. CAUTION: Consider an agreenienl which addresses
48 responslbilily lor clearing the Properly of personal properly and debris, if applicable.
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52 m CLOSING: This lransaction is lo be closed at the place designaled by Buyer's mortgagee or ~
53 no later than --_-=2~/&.~--- , 19.~-5?.-, unless anolhar date or place is agreed lo in wriling.
51 I CLOSING PRORATIONS: #
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56 7
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GO 2 "mw
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66 insurance [STRIKE AS APPLICABLE] as tlulller described a1 lines 155 to 169.
an owner's policy of lilie
67 I CONVEYANCE OF TITLE. Upon payment 01 lhe porcilasc prdce. Seller shall convey the Property by-(or other
69 enlered under them. recorbed easemenls lor Ihe U~slribullon 01 111ilily and municipal serv~ces, recorded building and use reslrlcllonsand
68 conveyance as provldrd hereln) free and clear 01 all Ilells and encumbrances. excepl: lmunlclpal and zoning ordinancesandagreemenls
easement
\ 70 covenants. general taxes lev1ed.m Ihe year 01 closingma .. ~.
72 for purposes 01 thls lransaction. Seller lurlher agrees to colnplele and execule Ihe documenls necessary to record Ihe conveyance
71 (provided none of the loregoing Lrohlbit present use of the Properly], which constltules merchantable title
77 rAllTlON FFFIINEC74 Tn110 \
74 1 ISSUES RELATED TO PROPERTY DEVELOPMENT 1 ~~ "" ~~ page 2 01 4 -VACANT LAND
75 WARNING: II Buyer conlemplales devsloplng Properly or a use olher lhan Ihe current use. Ihere are a varlely ollssues whlch should be
76 addressed lo ensure Ihe developrnenl or new use Is possible. Mufrlclpal and zoning ordinances, recorded bulldlng and use reslrlcllons,
77 covenants and eesemenls may prohlbll cerialn lmprovemenls or uses and lherelore should be revlewed. Bulldlng permlts. zoning
7Y lnslallallonolroadsof ulllitles, envlronmenlalaudlls. subsolllosts, elc., mayneed to beobfalnedlodelernrlne Iheleaslbllltyoldevelopmenf
iM variances. Archlleclural Conlrol Commlllee approvals. esllmales lor ullllly hook-up expenses. speclal assessment charges lor
80 ol,orapartlcularuselor,aproperly.OpNorralcor~llngencleswhlcllallowBuyerlolnvesll~slece~talnollheselssuescanbeioundatllnes
81 252 Io 305 01 lhls Oller end Buyer may add conllngencles as needed In eddenda whlch may be added lo lhls Oller (see llrre 306). Buyer
82 should review any plans lor development or use changes lo delermlne whal Issues should be addressed In conllngnncles lo lhls Oller.
83 LPROPERTY CONDITION PROVISIONS 1
84 I INSPECTIONS. Selleragreestoallow Buyer'slnspectorsreasonableaccessto lhe Property upon reasonablenoticeand gives Buyer's
M5 inspectors permission to perform lestsof the Property, if Ihe inspectlons and the tests are reasonably necessary to satisfy the contlngencies
87 Furthermore. Buyer agrees to promptly iestole Ihe property to ils original condition after Buyer's Inspections are completed, unless
86 In lhis Offer. Buyer agtees to promptly provide coples of all such inspection reporls lo Seller, and to listing broker it Property is listed,
88 utherwise agreed with Seller. CAUTION: Seller acknowledges that unless modllled, the contlngencies at lines 252 to 305 authorize
90 Wlsconsln Department 01 Natural Resources.
91 PROPERTY DAMAGE BE'rWEEN ACCEPTANCE AND CLOSING: Selier shall maintain Ihe Property until the earher 01 closing or
92 occupancy hy Buyer in materially the same condition as 01 the date 01 acceptance 01 thls Oller. If. prior to Ihe earlier 01 closing or
93 occupancy by Buyer, the Property Is damaged 111 an amounl of no1 more than flve percent (5%) of the selllng prlce. Seller shall be obligaled
94 to restore lhe Property. If Seller IS unable to restore the Property. Seller shall promptly nolily Buyer in writlng and thls Offer may be
95 cancelledattheoptionoltheBuyer.IIthedamagasl~allexceedsuchsum.Sellershallprompllynot~tySuyerinwritingofthedamageand
yo< this Offer may be cancelled at optlon 01 Buyer. Should Buyer elect to carry out this Offer despile such damage. Buyer shall be entltled to
any insurance proceeds relating to Ihe damage to the Property, plus a credtl towards the porchase price equal to the amoml 01 Seller's
deductible on such polcy.
99 I PRE-CLOSING INSPECTION: At a reasonable time, preapproved by Seller or Seller's agent. wilhln 3 days belore closing, Buyer shall
\.-89- Buyefs 1nspectOrh.to take soli samples whlch may.detec!.enyl~on~en!~l.con!anll_nalion~ &Lch rn~y be requ_lred_tob.-rqmrled to the .
I b.e
100 have the right to inspect the Properly to determine that there has been no significant change in the condillon of the Property. except 101
101 changes approved by Buyer.
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110
Buyeracknowledges that Propertydimensions. lolalsquarefoolage, Iotalacreageand allocation of acreage inlormation provlded to Buyer
by Seller or Seller's agent(s) are approximate and, unless a survey has been provlded. the Property dmensions have not been
verblied by survey. CAUTION: Buyer should verlly Properly dlmenslons, total square lootage. total acreage or allocatlon of acreage by
suwev If materlal to Buver's declslon to ourchase. See lines 286 to 291. (FENCES1
Wisconsin Stalutes section 90.03 reouires the owners oladioinino orooertles to keeo and maintain leoal fences in eoual shares where one
or both of the properties is used and occupied for farming or grazmg purposes CAUTION: eonslder an a$reement addressing
responslblllty lor lences I1 Properly or adlolnlng land Is used and occupied lor lermlng or grazing purposes.
_. .
111 rjZxT]
l2 Seller and Buyer each have the leaal dutv to use oood lalth and due diliaence In comnletina Ihe terms and conditions of this Offer. A
113 materiallailuretoperlormanyobliga~onunderthisdtferisadefaullwh~ch~aysub~ectthedefa~lt~ngparlyloliab~litylorrlamagesorother
114 legal remedles.
115 If Buyer defaults, Seller may:
116 (1) sue for speciflc performance and request the earnest money as parhal payment 01 the purchase prlce: or
117 (2) terminate the Offer and have the option to: (a) request the earnest money.as llquldated damages; or (b) direcl Broker to return lhe
118
119 If Seller delaults, Buyer may:
earnest money and have the option to sue lor actual damages.
120 (1) sue lor specific performance: or
121 (2) terminate the Offer and request the relurn of the earnest money, sue lor actual damages, or both.
122 In additton, the Parties may seek any other remedies available in law or equity.
of the courts. If either Party defaults, Ihe Parties may renegoliate the Offer or seek nonjudicial dispute resolution instead of the remedies'
ThePart~esunderstandthattheavailabilityolanyjudic~alremedywilldependuponlhecircumstancesofthesitualionandthed~scretion
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 4 arbitration agreement.
127
distributed as set forth In lines 133 to 154. 131
earnest money cannol be determined by Broker In Ihe absence of a mutual agreement by the Parties. earnest money will be 130
CONVEYANCE. AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS REOUIRED. Buyer's or Seller's legal righl to 129
RIGHTS OR OBLIGATIONS OF PARTIES TO A TRANSACTION OR THE LEGAL EFFECT OF A SPECIFIC CONTRACT OR 128
NOTE. WISCONSIN LICENSELAW PROHIBITSA BROKER FROM GIVING ADVICEOR OPINIONSCONCERNING THE LEGAL
133 I HELD BY- Earnest money, if held by a broker, shall be held in the IfusI account of the broker drafting the Ofler prior to acceptance 01
134 Offerandinthetrustaccountofthel~st~ngbroker(buyer'sagentifPropertyisnotlisted)afteracceptanceuntilappliedlopurchasepriceor
135 otherwise disbursed as provlded in the Oller. If negotiations do not result in an accepted oller, Ihe earnest money shall be promplly
137 money. CAUTION: I1 someone olher lhan Buyer makes payment olearnesl money on behall 01 Buyer, consldera speclal agreemenl
136 dlsbursed (after clearance from payor's deposltory institutlon il earnest money 1s paid by check) to Ihe person who paid the earnest
138 regarding dlsbursemenl.
139 I DISBURSEMENT: At closing. earnest money shall be dlsbursed according lo the closing statemenr. If this Olfer does not close. the
140 earnest money shall be disbursed according to a written dlsbursemenl agreement signed by all Partoes to this Olfer. II said dlsbursemenl
141 agreement has not been dellvered to broker within 60 days afler the date set for closlng. broker may disburse the earnesl money: (1) as
142 directed by an attorney who has reviewed Ihe transaction and does not represent Buyer or Seller. (2) into acourt hearing a lawsult involving
143 the earnest money and all Parlies to 1111s Offer, (3) as direcled by court order: or (4) any other disbursement required or allowed by law.
144 Rrokermayretalnlegalservicestodirectdisbursementper(1)ortofilean~nterpleaderactionper(2)and,insuchevent,brokermaydeducl
145 lrom Ihe earnest money any costs and reasonable attorneys fees, not to exceed $250, prior lo disbursement. Should persons other lhan
146 broker hold earnest money, an escrow agreement should be dralted by the Parties or an atlorney lor Buyer or Seller.
147 I LEGAL RIGHTS/ACTION: Broker'sdisbursement of earnest money does not determinethe legal rightsof the Partlesln relatlon tolhis
Offer Atleast30dayspriortodisbursementper(l)or(4),brokershallsendBuyera'ndSellernot~ceofthed~sbursementbycerlilledmail If
Clalms Court has jurlsdiction over all earnest money disputes arising out of the sale 01 residential property with 1-4 dwelling units and
BuyerorSellerdisagreewithbroker'sprop0sedd~sbursement.alawsultmaybefiledtoobtainacourtorderregardingd~sbursement.Small
151 certain other earnest money disputes. The Buyer and Seller should consider consulting attorneys regarding their legal rights under this
152 Ofler in case of a dispute
153 Both Partles agree to hold the broker harmless from any liabtllty for good faith disbursement of earnest money in accordance with lhis
154 Offer or applicable Department 01 Regulation and Licenslng regulalions concerning earnest money (WIS. AdminisIralave Code RL 18.)
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174 LDEFINITIONS-1
175 I ACCEPTANCE: Acceplance occurs when all Buyers and Sellers have signed the Ofler. See IldleS 35 and 36 regardlng blndlng
176 acceplance CAUTION: CONSIDER WHETHER SHORT TERM DEADLINES RUNNING FROMACCEPTANCEPROVIDEADEOUATE
177 TIME FOR BOTH BINDING ACCEPTANCE AND PERFORMANCE. .. ~ ~ ~~ ~ ~. ~~ ~
178 I CONDITIONS AFFECTING THE PROPERTY OR TRANSACTION: A "condition affecting the Properly or lransaction" is defined as
179 follows:
180 (a) Planned or commanced public lrnprovements whlch may result In special assessmenls or otherwise malerlally allect the Properly or
181 the present use 01 lhe Property.
182 (b) Government agency or court order requiring repair, alteralion or correcllon of any exlstlng condllion;
183 (c) Completed or pending reassessment of the Properly lor property lax purposes.
184 (d) Any land divislon involving the Property, for whlch requlred slate or local approvals were no1 obtained;
185 (e) ~nyportionofthePropertybeingina~OOyearIloodplain.awetlandorshorelandzoningareaunderlocal,slateorfederalregulations.
186 (I) Any ponlonof the Property being subject lo. or in violallon 01. a Farmland Preservation Agreement under a County Farmland Preservation
188 (9) Boundary disputesor materlal uiolatlon of fence laws (Wis. Slats. Chapter 90) whch requiretheerectlon and malntenanceof legal fences
190 (h) Malerial violations of environmental rules or other rules or agreements regulating the use 01 the Properly:
187 Plan or enrolled in, or in violation of, a Forest Crop, Woodland Tax. Managed Forest, Conservatlon Reserve or comparable program,
r 189 betweenadjoiningpropenleswhereoneorbotholtheproperties~susedandoccupiedlorfarmingorgrazingpurposes: Seelines 107 to 110
(I) UndergroundsloragetanksontheProperlyforstorageolflammableorcombuslrbleliquids~ncludingbulnollrmitedtogasolineand
(i) Condilions constituting a signilicanl health or safety hazard for occupants of Property:
heatlng 011: NOTE: Wlrconsln Admlnlslraflve Code, CheplerlLHR 10conlalns reglslrallonandoperallon rulesforsuch underground
194 slorage lanks.
195 (k) Undergroundstoragetankslorstorageolflammableorcombust~bleliqu~dsinclud~ngbutnotl~mitedlogasol~neandhealingo~l,which
196 were previously located on the Property;
197 (I) High voltage electrlc (100 KV or greater) or steel natural gas transrnlssion lines located on but not directly servlng Ihe Property:
198 (m) Wells on the Property requlred Io be abondoned (Wis. Adm. Code NR 112.26) but which are not abandoned accordlng 10 Stale
200 (n) 'Cisterns or seplic tanks on the Property which are currently no1 servicing Ihe Property:
201 (0) Subsoil condilions which would significanlly increase thecost01 thedevelopment proposed at lmes268lo 269, If any. includlng,
202
203 currently contain loxic or hazardous materials. high groundwater. soil conditions (e g low load bearmg capacily) orexcesswe
but no1 limited to, subsurlace loundations. organic or non-organic fill. dumpsltes or containers on Property whlch contained or
204 rocks or rock lormations on the Property;
206 (9) Prior reimbursement for corrective actton cos15 under the Agricullural Chemlcal Cleanup Program; (Wis. Slats. $94.73.)
205 (p) A lack 01 legal vehicular access to the Properly lrom public roads.
207 (r) Olherconailionsoroccurrenceswh~chwouldsignif~cantlyincreasethecosloflhedevelopmentproposedatlines268 10 269 or reduce the
208
209 DB: Deadhesexpressed asa specihc numberof"days"1romtheoccurrence of anevent, such asacceptance. arecalculated by
valueolthePropertytoareasonablepersonwithknowledgeofthenatureandscopeolthecondition0roccurrence.See lines 19 to 23
210 excluding the day the event occurred. The deadlme then expires at rnldnight on Ihe last day. Deadhnes expressed as a specdic
211 numbero1"businessUays"exclude Saturdays. Sundaysand any legal public holiday under Wisconsin or Federal law, or other holiday
212 deslgnaled by the President such that the postal service does no1 recelve reglstered mail or make regular deliveries on that day.
213 Deadlinesexpressedasaspecificdayolthecalendaryearorasthedayolaspecificevent,suchasclosing,expireatm~dnighlofthatday
214 8 FIXTURES: A"F~xture"isanilemofpropertywhichisphysicallyattachedtoorsocloselyassocialedw~thlandastobetreatedasparl
215 of the real estate. including, without limilation. physically attached items no1 easlly removable without damage to the property. items
217 plants.shrubs:treesandfences. CAUTIOH: AHHUALCROPSAREHOTIHCLUOEOIHlHEPURCHASEPRICEUHLESSOlHERWISEAGREE~AlLIHES13loIB.
216 specificallyadaptedlolheproperty,anditemscustomarilytreatedasfixlures~nclud~nghutnollimitedtoall:perenn~alcrops:gardenbulbs.
218 MAP OF THE PROPERTY. See lines 286 to 291
219 I BOUNDARY MAP: Amapof the Properly prepared bya licensed land surveyor whichidentitiesthe legal descraptlon and boundaries
220 01 the property. A "boundary map" also Includes the staking of all colners 01 Ihe Property by the surveyor.
2 1. m MORTGAGE INSPECTION MAP: A map 01 Ihe Property prepared bya licensed land surveyor which identlfies the legal description
of the Properly, the boundaries 01 the Properly and Ihe location 01 improvements.
I SURVEY MAP. A map of the Property prepared by a licensed land surveyor, daled no more than six months prior to the scheduled
224 closlng date, containlng the ALTA cerllficalion and showlng: cornplele legal descrlplion of the Property; dedicated and apparent
225 streets; boundarles: lot dimensions: acreage or square footage: exisling improvements: easements and rights-of-way and vlsible
227 I TIME IS OF THE ESS. II"TimeisoltheEssence"appliestoadateordeadline,failuretoperformbytheexacldateordeadline
226 encroachments upon the Property.
228 isabreachofcontracl.If"TimeisoftheEssence"doesnotapplyloadateordeadIine,lhenperformancewithinareasonabletimeol
229 the dale or deadline 1s allowed belore a breach occurs. See llnes 25 to 27
199 regulations:
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IIPflGGONS RELATED TO FItJAtJCING 1
I LOAN COMMITMENT. If lhis Olfer is contlngenl on linancing. Buyer agrees to pay all customary linancing costs (includlng closlng
linanclngorotherfinancingacceplabtetoBuyer.BuyeragreestodelivertoSeller,orSeller'sagent,acopyotthewrillenloancornm~lmenl
lees), lo promptly apply lor financing and to promptly provide evldence of application upon request of Seller. If Buyer qualifies lor said
no later than the deadline for loan commilmenl under the Financlng Contlngency. If Buyer does not make timely delivery 01 said
commilment. Seller may terminale thls Oller if Seller delivers a written notice 01 termination to Buyer prior 10 Seller's actual receipt 01
a copy 01 Buyer's wrltten loan commitment
m FINANCING UNAVAlLAElU If lhis Offer is contlngenl on llnancing and financing IS not available on the lernls slated. Buyer shall
prompllydeliverwritten nolicetoSellerof samelncludlngcopiesol lender(s)'rejectlon lelter(s)or otherevldenceol unavailability Unless
a specllic lofn source IS named in the hnancing contingency. Seller shall then have 5 days 10 gwe Buyer written notlce 01 Seller's
declsion 10 tinaye thos lransaction on Ihe same terms set forlh hereln, and this Ofler shall remain full lorce and effect, wtlh the time tor
m LAND CONTRACT: I1 thts Olfer provldes lor a land conlracl, prior to execution of the land conlracl Seller shall provlde the same
closing extended accordingly I1 Seller's notice is not timely given. this Offer shall be null and void.
evidence of merchantable title as required above and wrltlen proof, at or before execution. lhat lhe lolal undgrlylng indebtedness, il any,
IS not In excess 01 Ihe proposed balance of the land conlracl. lhal the payments on Ihe land contract are sufficient 10 meel all 01 the
obligallons of Seller on the underlying indebtedness. and lhal all creditors whose consent IS required have considered to the land
conlracl sale II Individual parcels 01 the Property are being released on paydown on the land conlracl, the terms and conditdons 01
such releases should be included In the land contracl.
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249 PROPERTY DESCRIPTION: .BL'!!&%&d hal f!!??%!&?&E-~- page4 cd 4 .--VACANT LAND
250
251
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 NIA OR ARE LEFT BLANK. 1
252 0 FINANCING CONTINGENCY: This Olleriscorlrinyenl upon Buyerbeing able looblain. wilhrn days olacceplanccollhis Oller,
253 a - " ISTATE LOAN PROGRAM AND STATE IF CONSTRUCTION LOAN1
254 (hxed) (adjuslable) [STRIKE ONE] rale Im1 nrorrgage loan con~n~ilmenl. it] an amoonl olnol less Ihan .S lor a term 01
255 nor less lhan .~ years, amorlrzed over no1 less lhan __ years. II /he purchase price under lhis Oller IS rnod!licd. lhe loan arnonnt,
257 paynrenls shall be adjusred as necessary lo rnainlain Ihe lerm and an~orlizalion slaled above.
256 unless ofherwise provided. shall be adiusled lo Ihe same percenlage 01 lhe purchase price as in Ihrs conlingency and the monlhly
258 IF FINANCING IS FIXED RATE rheannualrateolinlereslshallnolexceed %andmoillhlypayrrlenlsolprrncipalandinlereslshall
259 no1 exceed $ __
260 IF FINANCING IS ADJUSTABLE RATE the milia1 annual inleresr rale shall not exceed % The milia1 inleresl rale shall be lixed
261 lor ~ monlhs. a1 which lime Ihe inleresl rale may be increasednol more lhan %per year. The maxinlurn mleresl rale during
262 Ihe mortgage lerm shall no1 exceed __ %. In,lral monthly paynrenls 01 principal and inleresl shall no1 exceed ~-
263~ Monfhly paymenls GI prmclpal and inferesl may be adjusled lo reflecl infere<ichanges
264 MONTHLY PAYMENTS MAY ALSO INCLUDE 1/121h 01 (he eslmated net annual real eslale laxes, hazard fnsurance premiums. and
265 privale morlgage insurance premiums. The mortgage may no1 include a prepaymenl premium. Buyer agrees lo pay a loan fee in an amounl
266 nolloexceed~%ollheloan.(Loanteerelerslodiscounlpointsandiorloanoriginalionlee,bulDOESNOTrncludeEuyer'sother
267 closing cosls I SEE LINES 230 TO 248 FOR ADDITIONAL FINANCING PROVISIONS.
268 0 PROPOSED USE CONTINGENCY: Buyer IS purchasing lhe properly lor lhe purpose 01:
- ." " . - - "" __ - - ~~ "
Qi This Oller is conlingenl upon Buyer oblairling Ihe lollowing [CHECK ITEMS THAT APPLY]:
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~ ~~ ~~ - 0 Wrrllen endence at (Buyer's) (Seller's) ISTRIKE ONE] expense lrorrr a quahlied so,ls experl thal lhe Properly is /roe 01 any
subsorlcondilfon which wo~~ldmakelheproposeddeveloprnenlimpossibleorsignilicanllyincreasethecoslsolsuchdevelopmenI:
See llne 88
0 Wnllen evrdence a1 (Buyer's) (Seller'sJ [STRIKE ONE] expense /,om a cerlilied so,ls lesler or olher qualiljed expert that
indicaleslhallheProperly'ssoilsallocalionsselecledby6uyera~tdallothercorrdilionswhichmuslbeapprovedlooblainaperrnil
for a private convenlional seplic syslcm lor:
A convenlional syslem (does) (does no,) ISTRIKE ONE1 include allernale private systems such as mound Syslems or in-ground
[~nserlproposeduseolProperly:e.g..lhreebedroomsinglelam~lyhome~meelapplicahlecodesinellectasollhedaleollhisOller.
pressure dislribulion syslems lor the purposes 01 lhis conlingency. A convenlional syslem does no1 include a holding tank. privy,
composring toilel or chemical loilel.
0 Copies a1 (Buyer>) (Seller's) [STRIKE ONE 1 expense Olallpublic andprivateeasemenls, covenanlsandreslriclions altecling
significanlly delay or increase lhe cosls 01 the proposed use or developmenl idenlilied a1 lines 268 to 269.
rhe Properly and a wrillen delerminalron by a qualilied independenl rhird parly, a1 Buyer's expense. lhal none 01 lhese prohrbil or
0 Permils, approvals andlicenses, as appropriale. or Ihe lmaldiscrerionary aclion by Ihe granling authorilyprior Io the issuance 01
such permfls, approvalsandlicenses al(8uyer's) (Seller's) ISTRIKE ONE1 expense loilhe lollowing~lems relaled to /he proposed
develoomenl ~
0 A map 01 Ihe Property a1 (Buyer's) (Seller's) [STRIKE ONE] expense 01 lhe lollowing lype:
a boundary map: morlgage inspeclion map: 0 survey map [-E BOX TO DESIGNATE MAP TYPE]
See lines 218 Io 226 lor delinifions~ol each map lype. 11 lhis paragraph is checked bul rnore rhan one lype or no lype is selecled. a
boundarymapisdcernedselecled. CAUTION: Consldercoslandlheneedlorlhelealuresollhevarlousmaplypesbeloremalrl~g
a selecllon. The map 01 tire Properly shall show no signilicanl encroachnlenls or any inlormalfon malerially i~lCOllSlSlenl wilh Ihe
prior represenlalions to Buyer or which would render Ihe proposed developmanl impossible or Signilicanlly Increase ils COSI.
0 Wrfllenevidenceal(Buyer'sJ(Se1ler's) [m expe~iselhallhelollowrngutrlilyconnecliorlsarelocaledaslOllows~e.g.on
the Property, al Ihe lo1 line. across /he streel, elc.): eleclricily gas..- ~ -_----I
municipal sewer ~~_______, mur~icipal waler..
olher_--~- ___~____. __ [STRIKE AND COMPLETE AS APPLICABLEI.
~, lelephone ___.
~~
6 "0 Thls conllngency shall be deemed sallsfled unless Buyer wllhln day8 01 acceptance dellvers wrlllen nollce lo Seller SpeCllylng
297 those Ilems 01 lhls conllngency whlch cannol be sallslledand wrlllen evldence subslanflallng why each speclilc llem Included In BuyefS
299 0 INSPECTION CONTINGENCY: This Oller is conlingenl upon a qualifred inspector(s) conducting an inspeclior!(s), a1 Buyer's
298 nollce cannot be sallsiled.
300 expense, of /he Properly and
301 nodeleclsasdelinedbelow. Thisconlingencyshallbedeeme~lsal~stiedunlcssBuye~ within-~- daySotacceplancedel~vers10Sellera
__~ " p.-- whrcll discloses
302 copy ollhe inspector's wrillen,nspeclion reporl anda writlen nolice lislrng Ihe deleclsidenliliedrn lhe reporl lo which Buyer objects. For
303 /he purposes ollhrs conlingency a delecl is detinedas anycondrlion ollhe Properly wllrch conslilules a srgnillcarrl lhreallo lhe heallh or
204 salelyolpersonswhooccupyormaheuseolrlorgivese~~idenceolanymalerialuse,slorageordisposalolha~ardousorIoxicsubslances
305 on lhe properly.
306 @ OTHER: The allached .&.!=!2~~-.-_p ..p %re made par1 01 lhis Oiler.
307 IF ACCEPTEO. THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTHACT. BOTH PARTIES SHOULO CAREFULLY READ THIS
308 DOCUMENT, BROKERS MAY PROVIDE A GENERAL EXPLANATION OF THE PROVISIONS OF 1HE OFFER BUT ARE PROHIBITE0 BY LAW
309 FAOM GIVING ADVICE OR OPINIONS CONCERNING YOUR LEGAL RIGHTS UNOER THIS OFFER OR HOW TITLE SHOULO DE TAKEN AT CLOSING.
310 AN ATTORNEY SHOULO RE CONSULTED IF LEGAL ADVICE IS NEEOEU. Uonald S. molter, Jr.,Arenz,Moltcr,I*iacy 6 Riffle, S.C.
[Licensee and Finn]
311 Thts Oller was drafted on .... ~~ [dale] by ~~~
312 CITY OF MUSm
__
315 id %L-- ~ - 316 mllyel's ~ig~,n~,,~e)~ plll>~ N~W ~le~~ c Jean K. t'larfnda, Clerk
317 EARNEST MONEY RECEIPT Broker acknowledges receipt of earnest money as per line 10 01 the above Oller,
~- "" ~ "" ~
1" (Dale)
-3 318 ~ "" Broker (By)
SELLER ACCEPTS THIS OFFER. THE WARRANTIES. REPRESENTAflONS AND COVENANTS MADE IN THIS OFFER SURVIVE CLOSING AND
THE CONVEYANCE OF THE PROPERTY. THE UNDEASIGNEO HEREBY AGREES TO CONVEY TllE ABOVE-MENTIONED PROPERTY ON THE
'321 TERMS AND CONOITIONS AS SET FORTH HEREIN AN0 ACKNOWLEOGES RECEIPT OF A COPY OF THIS OFFER.
324 (XI - __ _"
325 (Seller's Sqna1ure)A Prim Name here:,
""
(Social Security NO 1 (Dale)
3.26 .This Ofier was presented 10 Seller by -- ~~~ on 19". at a.m.lp.m.
-27 TdlS OFFER IS REJECTED -. .- THIS OFFER IS COUNTERED [See attached counterl _____ __
IC, J,"," ,,l,l,~,., ,",,,.I
Being that part of the i’iorthcast 114 of the Socthcast 114 of Section 25, Town 5 North.
Range 20 East. City of Muskego Waukcsha County. Wisconsin, described as follows:
The Westerly 20 feet of said Grantor’s lands. as described in reel 657, image 961. being R
strip of land 20 feet wide. lying easterly of, sdjscent to, and parallel with the Easterly line
of U.S.H. “45” as delinexcd on state projar No. X.R.S. S22A. Said 20 foot strip is
bounded on the Noh by rhe South line of Loomis Road (S.T.H. “36”).
Subject Parcel Tax Key No. MSKC 2257.973.0C1
Being chat part of the Xortheast 1/4 of the Sootheast 114 of Section 25, Tow 5 North.
Range 20 East. City of Muskego Waukesha County. Wisconsin, described as :‘oUc~:
The Westerly 20 fccr of said Grantor’s lends, as dcscribcd in reel 687. image 961, being a
:trip of Iwd 20 feet wide, lying easterly of, adjacent to. and panllel with the Easterbi line
of U.S.H. “45” a delineJted on slate projcct No. N.R.S. 522A.
Subjrct Parcel TR~. Key NO. MSKC 1260.999
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.
PAUL BOURAXIS
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.
FRIEDA BOURAXIS
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
ROBERT J. WIZA
KATHRYN A. WIZA
0 AMOUNT OF COMPENSATION PURSUANT
NOTICE OF RIGHT TO APPEAL THE
TO WISCONSIN STATUTE §32 05(2a)
Any person named in the Certificate of Compensation, a copy
of which is attached hereto, may within six (6) months after the
date of recording of said Certificate, appeal from the amount of
compensation therein stated in the manner set forth in Wisconsin
Statute 32.05(9) to (13) for appeals from an award under
Wisconsin Statute §32.05(7) For purposes of any such appeal,
the amount of compensation stated in the Certificate shall be
treated as the award and the date the conveyance is recorded
shall be treated as the date of taking and the date of
evaluation.
Dated this day of , 1998
CITY OF MUSKEG0
David L De Angelis, Mayor
ATTEST :
Jean K Marenda, Clerk
I/ CERTIFICATE OF COMPENSATION
0 Document No
PUrSUant to Wisconsin Statute §32 05(2a),
this document shall be recorded with the
Waukesha County Register of Deeds, Waukesha,
Wisconsin
That the City of Muskego has acquired
permanent easements in the property
described below pursuant to §32 05 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
follows
IMuske~~~~ '13150 Paul Bouraxis and
Robert J Wizz and Kathryn A Wiza
Frieda Bouraxis
Tax Key No :
Part of MSKC 2257 993 001
& Part of MSKC 2260.999
City of Muskego
P.0 Box 749
easements were acquired is described as follows
2 The legal description of the property in which permanent
See Attached Legal Descriptions Marked Exhibits "2" & "3"
3. The matter of the interest acquired and the compensation for
such acquisition is as follows
The matter of the interest acquired is permanent easements
for sanitary sewer improvements
The amount of compensation is $ 0.00
Dated this day of , 1998.
CITY OF MUSKEG0
ATTEST
David L De Angelis, Mayor
CITY SEAL
Jean K Marenda, Clerk
This Instrument Was Drafted Bv:
Attorney Donald S Molter, Jr
Arenz, Molter, Macy & Riffle, S.C
720 N East Avenue, P 0 Box 1348
Waukesha, Wisconsin 53187-1348
EXHIBIT L
Behg that pan of the i’iottheast I;4 of the Southcast 1/4 of SecTioa 2% Town j North.
Range 20 East, City of Muskcgo Waukesha County, Wisconsin. described as foUows:
The Westerly 20 feet of said Grantor’s lands. as described ~n reel 657, image 961. beillg n
strip of land 20 feet *ide. lying easterly of. adjacent to. and parallel with lh2 Easterly line
of L1.S.H. ‘‘45” as delineated on state project No. W.R.S. 522.4. Said 20 foot strip is
bounded on the Noh by :he South line of Loomis Road (S.T.H. “36”).
hbjec: Parcel Tax Key No. MSKC 2257.973.001
EXHIBIT I‘ 3
The Wcsrerly 20 ker of said Grantor’s lands, as dcscri’ocd in reel 687. image 961. bemg a
:trip of Iwd 20 fcet wide, lying easterly of. adjacent to, and parzllcl with the Eanerl? lim
oi1j.S.H. ‘‘45” as dclinwred 3n state projcct No. S.R.S. 522.4.
0 AMOUNT OF COMPENSATION PURSUANT
WAIVER OF APPEAL RIGHTS AS TO
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
§32.05.
Dated this day of , 1998.
PAUL BOURAXIS
FRIEDA BOURAXIS
WAIVER OF APPRAISAL, RECOMMENDATION & APPROVAL
NOMINAL PAYMENT OR NO PAYMENT PARCEL
Owner: Paul Bouraxis and Frieda Bouraxis
Acquisition of: See Attached Legal Descriptions
Interest Acquired Permanent easements for sanitary sewer
improvements.
The undersigned owners of land designated as in the attached
legal descriptions, containing approximately acres,
agree to accept settlement in the amount of Zero
($ Omo0 ) Dollars as full payment
for the easements stated, subject to the approval of the City of
Muskego.
The undersigned owners having 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.
PAUL BOURAXIS
FRIEDA BOURAXIS
Being [hat part of the Northcast 114 of the Southeast 114 of Scciion 25, Town 5 North.
Kange 20 East. City of Muskcgo Waukcsha County. Wisconsin, described as follows:
The Westerly 20 feet of said Grantor's land$, as described in reel 657, image 961. being a
strip of lad 20 feet wide. lying easterly of, adjacent to, and parallel with th? Easterly line
of U.S.H. "45" as delineated on state project No. N.R.S. 522A. Said 20 fool strip is
bounded on [he Nonh by he South line of Loomis Road (S.T.H. "36").
Subjec: Pmel Tax Key No. MSKC 2257.973.0CI
Being chat part of the Yorthcast L'4 of the Soctheast 1/4 of Section 25, TOW J Nor:h.
Range 20 East. City oiMuskcgo Waukesha County. Wisconsin, described as fbllc~vvs:
The Westerly 20 f:et of said Grantor's lands, s described in reel 687. image 961. being a
Strip of Iwd 20 feet wide, lying easterly of. adjacent to, and panllcl with the Easterly line
of U.S.H. "45" as dclinutcd on state project No. S.R.S. 522A.
Subject Pad Tu Key NO. MSKC 260.999
11 EASEMENT
0 Document No.
THIS INDENTURE, made this day of
BOURAXIS and FRIEDA BOURAXIS and ROBERT J.
, 1998, by and between PAUL
WIZA & KATHRYN A, WIZA, hereinafter referred
to as party of the first part, and CITY OF
MUSKEGO, located in Waukesha County,
Wisconsin, hereinafter referred to as
party of the second part.
WITNESSETH:
WHEREAS, the party of the first part,
PAUL BOURAXIS, owns a parcel of real estate,
BOURAXIS. mav claim some interest to said
and the party of the first part, FRIEDA
Return To:
City of Muskego
Muskego, WI 53150
P.O. Box 749
real estate and the party of the first part
ROBERT 3. WIZA & KATHRYN A. WIZA, holds a
mortgage on said real estate located in the Tax Key NO.:
City of Muskego and described as follows: Part of MSKC 2257.973.001
& Part of MSKC 2260 999
SEE ATTACHED LEGAL DESCRIPTION
MARKED EXHIBIT “1“
0 the first part a permanent easement for sanitary sewer improvements
WHEREAS, party of the second part has requested from the party of
sanitary sewer improvements
including construction, repair, maintenance and reconstruction of the
NOW, THEREFORE, party of the first part, in consideration of the
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
maintenance and reconstruction of the sanitary sewer improvements in
sanitary sewer improvements including construction, repair,
the City of Muskego, Waukesha County, Wisconsin, on, over and in the
following described real estate:
SEE ATTACHED LEGAL DESCRIPTIONS MARKED EXHIBITS “2“ & “3”
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
reconstruction of said sanitary sewer improvements, but reserve to
for and incidental to the construction, repair, maintenance and
easement, subject to the ordinances of the City of Muskego, the
themselves the right to make such use of land included in said
regulations of the party of the second part, and the statutes of the
State of Wisconsin as will not disturb or interfere with such sanitary
sewer improvement or prevent ingress, or egress, thereto for the
purpose of construction, repair, maintenance and reconstruction
thereof.
part may allow others not parties to this easement to use the easement
The parties expressly acknowledge that the party of the second
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
PAUL BOURAXIS
STATE OF WISCONSIN
COUNTY OF WAUKESHA
Personally came before me this day of , 1998,
the above named PAUL BOURAXIS to me known to be the person who
executed the foregoing instrument and acknowledged the same
NOTARY PUBLIC, STATE OF WI
My commission expires:
FRIEDA BOURAXIS
STATE OF WISCONSIN )
COUNTY OF WAUKESHA )
) ss
Personally came before me this day of , 1998,
the above named FRIEDA BOURAXIS to me known to be the person who
executed the foregoing instrument and acknowledged the- same
NOTARY PUBLIC, STATE OF WI
My commission expires:
ROBERT J WIZA
KATHRYN A. WIZA
STATE OF WISCONSIN )
) ss
-2 -
COUNTY OF WAUKESHA )
Personally came before me this day of , 1998,
the above named ROBERT J. WIZA & KATHRYN A. WIZA to me known to be the
persons who executed the foregoing instrument and acknowledged the
same.
NOTARY PUBLIC, STATE OF WI
My commission expires:
I
~
THIS INSTRUMENT WAS DRAFTED BY
Attorney Donald S. Molter, Jr
ARENZ , MOLTER, MACY & RIFFLE, S C
720 N. East Avenue, P.0 Box 1348
I Waukesha, Wisconsin 53187-1348 e -3-
EXHIBIT '\ 1 If
P>RCEL 1
All that part of the Northeast l/4 of Section 25, Town 5 North, Range 20 East, City
of Muskego, County of Waukesha, State of Wisconsin, lying within the following
described lines
The East line of the parcel hereindescribed is the East line of the said Northeast
1/4 Section; the South line of the parcel is the South line of the said Northeast 1/4
Section; the North line of the parcel is the South line of Loomis Road which is 40
feet Southerly of and parallel to the hereafter described reference line; the West
hereinafter described reference line
line of the parcel is the East line of North Cape Road which is 40 feet East of the
The above referred to reference line for Loomis Road is described as follows
Commencing at a point in the East line of Section 25, Town 5 North, Range 20 East,
which is 567 2 feet North of the 1/4 corner of said Section 25; thence South 50° 10'
West 559 feet to a point of curve; thence Southwesterly on a curve to the right
(radius 1126 5 feet) 69 feet to the Easterly right of way limit of North Cape Road.
The above to reference line for North Cape Road is described as follows:
commencing at a point on the East and West 1/4 line of Section 25, Town 5 North.
R~~~~ 20 ~~~t, 510 8 feet west of the East 1/4 cxner of said Section 25; thence
North 40 57' west 242 5 feet to a point of curve and the point of beginning Of the
said referep=e line; thelce southerly on a curve to the left (radius 1432.5 feet)
said curve beins tangent to the last described line 243 7 feet to the 1/4 Section
-
PARCEL 2
All that part of the Southeast 1/4 of Section 25, Town 5 North, Range 20 East, City
of Muskego, county of Waukesha, State of Wisconsin, bounded and described as follows:
Commencing at the East 1/4 corner of said Section 25; thence Westerly along the East
and West 1/4 Section line, 230 58 feet to a concrete monument and the place of
beginning; thence South 10 23' East, 206 17 feet to concrete monument; thence South
890 43' West to the East line of North Cape Road as hereinafter described; thence
Northerly along the said East line of North Cape Road to its intersection with the
East and west 1/4 Section line of said Section 25; thence Easterly on said 1/4
Section line to the point of beginning.
The East line of North Cape Road above referred to lies 40 feet to the East of and
parallel to the following described reference line
Commencing at a point on the East and West 1/4 line of Section 25, Town 5 North,
North 40 57' West, 242 5 feet to a point of curve and the point of beginning of said Range 20 East, 510 8 feet West of the East 1/4 corner, of said Section 25; thence
reference line: thence Southerly on a curve to the left (radius 1432 5 feet) to the
South line of the above described parcel; said curve being tangent to the last
described line
Tax Key NOS MSKC 2257.973 001 and MSKC 2260 999
ADDRESSES S98 W12575 Loomis Road and W125 59912 N Cape Road
EXHIBIT .‘a “
Being that pan of the Korthean 114 of the Southcast 1/4 of Sec;ion 25, Tow j North.
Kange 20 East. City of Muskego Waukcsha’Counry. Wisconsin, described as follows:
The Westerly 20 feet of said Grantor’s lands, as described in reel 657, image 961. being n
strip of land 20 feet wide. lying easterly of, adjacent to. and parallel with the Ea~terly line
of U.S.H. “45” as delinea:ed on state project No. K.R.S. 522A. Said 20 fa31 strip is
bourlded on the Noh by he South line of Loomis Road (S.T.H. “36”).
Subject Pxcel Tax Key No. MSKC 2257.973.0Cl
Being !hat part of the Sortheat 1!4 of the Soctheast 1/4 of Section 25, TOW 5 Yorth.
Range 20 East. City oiMusk?go Waukesha County, Wisconsin, described as :blle~vs:
The Westerly 20 fcct of said Grantor’s lands. 35 described in reel 687, image 961. being a
:trip of laud 20 feet wide, lying easterly of. adjacent to, atld pa~.llel wid! the Easterly line
of U.S.H. “45” as delinured on state project No. N.R.S. 52X
Subjcc: Parcel Tax Key No. MSKC 260.999
..
Erdmann Brothers, Inc. We understand that the City of Muskego is
The undersigned is the properly authorized representative of
going to install a certain sanitary sewer public improvement
shown on the attached Exhibits "A-1" and "A-2" and legally
described on Exhibits "B-1" and "B-2". Erdmann Brothers, Inc.
has an oral month-to-month lease with the owner of said property
to park vehicles on said property, including within the easement
vehicles from the easement area to allow for necessary
area. Erdmann Brothers, Inc. hereby agrees to remove said
construction, reconstruction or repair of said sanitary sewer
improvement and not to park vehicles over any manhole structures
in the future.
ERDMANN BROTHERS, INC
Dated:
Attachment
EXHIBIT "A-I"
PERMANENT SANITARY SEW% EASEMENT
P. 5
EXHIBIT "A-t?"
PERMANENT SANITARY SEWR EASEMENT
September 2,1998
LEGAL DESCRIPTION
20’ Permanent Sanitary Sew= Easement
For: City of Muskego
Being that part of the Northeast 114 of the Sor?lheast 114 of Section 25. Town 5 North.
Range 20 East, City of Muskego Waukesha County, Wisconsin. described as fbllcms:
The Westerly 70 feet of said Grantor’s lands. as described in reel 687, image 961. being a
Itrip of laud 20 feet wide, lying easterly of, adjacent to, and parallel with the hsrerbj line
of U.S.H. “45” as delineated on state project No. N R S. 522A.
James R. Beaty, R.L.S.
OWNER: Paul Bouraxis
c/o Omega V., Inc.
3473 South 27’ Suect
Milwaukee, Wl 53215
Subject Parcel Tm Key No. MSKC 2260.999
1RB:clc
131)10(1szo
r.\UILI~~lCIS\UDld_d~~\l~~OUlb~~~~ I.&
cc: Richard A. Eberhardt
File
September 2, 1998
LEGAL DESCRIPTION
20’ Pnmancnt Sanitary Sewer Easement
For: City of Muskego
Being that pan of the Northcast 114 of the Southeast 1/4 of Section 25, Town 5 North.
Kange 20 East, City of Muskego Waukesha County, Wisconsin, described as follows:
The Westerly 20 feet of said Grantor’s lands, as described in reel 657, image 961. being P
strip of land 20 feet wide. lying easterly of, adjscent to. and parallel with the Easterly he
of U.S.H. “45” as delineated on state project No. N.R.S 522A. Said 20 foot strip is
bounded on the North by the South line of Loomis Road (S.T.H. “36”).
ames R. Bcaty, R.L.S.
OWNER. Paul Bouraxis
do Omega V., hc.
3473 South 27* Street
Milwaukee. ‘KI 53215
Subject Puce1 Tax Key No. MSKC 2257.973.001
JRB:clc
r\lr.rrl\sl~\u,ordgor\lW8C82d.lepll 3.da
I3P208~2lO
cc: kchard A. Eberhardt
File EXHIBIT