CCR2002044COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #44-2002
OFFER TO PURCHASE - KOTNIK
Storm Sewer Watercourse Control Improvement Project
BE IT RESOLVED That the Common Council of the City of Muskego does hereby
authorize the execution of the attached Offer to Purchase for the Kotnik property for the
Storm Sewer Watercourse Control Improvement Project.
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 necessary closing documents, in the name of the City
and to extend the acceptance and/or closing dates, if necessary.
DATED THIS 26th DAY OF Februaw ,2002.
SPONSORED BY:
David L. De Angelis, Mayor
This is to certify that this is a true and accurate copy of Resolution W4-2002 which was
adopted by the Common Council of the City of Muskego.
- .. . Approved by Vle Wlsmnsin Depa.tnenl01 Regvlalin and Lieensing 7-1-53 Opllonal Use Oak) . l-lm IMa"dalDry usoate) 1 WB-13 VACANT LAND OFFER TO PURCHASE k L I
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3offerstOpurchasethePropertyknownas(StreetAddress] see attached leqal description ' ~
Page 1 of 5
inthe Cit of Muskeg0 .County01 Waukesha 0 :Wisconsin. (Insert additional de&ption. if any. at lines 179 - 187 or attach as an addendum. line 188). on the following terms:
6. PURCHASEPRICE: TWO bdrpd sPventv ~-d~pd~~~l~~l~
).
8 m EARNEST MONEY of $ n/a
1 Dollan($mn
accompanies this Offer and earnest money of $ n/a
10 THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent al closing unless othervise provided below.
9 will be paid within n/a days of acceptance.
11 ADDITIONAL ITEMS INCLUDED IN PURCHASE PRICE: Seller shall include in the purchase price and transfer, free and clear of
12 encumbrances, all fixtures. as defined at lines 15 - 18 and as may be on the Property on the date of this Offer. unless excludedat line 14.
13 and the following additionalitems: nnnP
14 ITEMSNOTINCLUDEDINTHEPURCHASE PRICE:
15 A "Fixture" is defined as an item of property which is physically attached to or so closely associated with land so as to be treated as part
l60f the real estate. including, without limitation. physically attached items not easily removable without damage lo the Property, items
17 specifically adapted to the Property, and items customarily treated as fixtures including but not limited to all: perennial crops; garden
18 bulbs; plants; shrubs and trees. CAUTION: Annual crops are not included in the purchase price unless otherwise agreed athe 13.
19. Z0NING:SellerrepresentsthatthePropertyiszoned RS-Z/RSA/B-4 OPD
X[ ACCEPTANCE 1 Acceptance occurs when all Buyers and Sellers have signed'an identical copy of,lhe Offer. including signatures on
21 separate but identical copies of the oner. CAVJION: Deadlines in the Offer are commonly calculafed from acceptance. Consider
n whether short term deadlines running from acceptance provide adequate time for @tJ binding accepfance and performance.
23 [ BINDING ACCEPTANCE 1 This Offer is binding upon both Parties only if a copy of the'accepted Offer is delivered to Buyer on or
24befole Ah 5. 713177 CAUTION: This Offer may be withdrawn prior to delivery offhe accepted Offer.
251 DELIVERY OF DOCUMENTS AND WRITTEN NOTICES 1 Unlessolherwise stated in this Offer. deiivery of documents and written notices
26 to a Party shall be effective only when accomplished by one of the methods specified at lines27 - 36.
27 (1) By depositing the document or written notice postage or fees prepaid in the U.S. Mail or fees prepaid or charged to an account with
28 a commercial delivery service, addressed either to the Party. or lo the Party's recipient for delivery designated at lines 30 or 32 (if any),
Bfor delivery to the Party's delivery address at lines 31 or 33.
M Seller'srecipienlfordelivery(optional): Edward Kotnik
32 Buyer'srecipientfordelivery(optional): Mayor David: L. De Anqelis
uBuyer'sdeliveryaddress: City. of Muskeqo, P.O. Box 749, Muskeao, WI 53150-0749
a (2) By giving the docu,mntor.written mtice perjonalk to the Party or the Paws recipienl for delivery if an individual is designated at lines 30 or 32.
35 (3) By fax transmission of the document or written notice to the following telephone number:
36Buyer:( 262 ) 679-5630 Seller: ( )
37 I OCCUPANCY ] Occupancy of the entire Property shall be,given to Buyer at time of closing unlesi otherwise p(ovided in this Offer (lines
38 179- 187or in an addendum per line 188). Occupancy shall begivensubjecttolenant's rights. if any. Caution: Gonsider an agreernent~
39 which addresses responsibility for clearing the.Property of personal propertyand debris,.if applicable.
41 lease(s) and transfer all security deposits'and prepaid rents thereunder.to'Buyer at closing. The terms of the (written) (oral) -1 rob LEASED PROPERTY 1 If Property is currently leased and lease(s) extend beyond closing, Seller shall assign Sellets rights under said
4?lease(s),ifany,are N~ I~~~~~ affprt bhP wrtv in
431 PLACEOFCLOSING ,Thistransactionistobeclose~~e'~n . -. Citv Ha11
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531 PROPERTY CONDITION PROVISIONS 1
54 1 PROPERTY CONDITION REPRESENTATIONS: Seller represents to Buyer that as of the date of acceptance Seller has no notice
55 or knowledge of conditions affecting the Property or transaction (see below) other than those identified in Seller's Real Estate Condition
56 Report dated 7/76 /n7 , which was received by Buyer prior to Buyer signing this Offer and which is made a part of this Offer
57 bY refere.ncelCOMPLETE DATE OR STRIKE AS APPLICABLEW
31,Seller'sdeliveryaddress: S103 W19123 Kelsey Drive, Muskko, WI 53150.
~, .
.. nolaterthan ~n~ 1 qt. 70137 . ' unlessanotherdaleorplaceisagteedtoinwriting.
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58 IINSERT CONDITIONS NOT ALREADY INCLUDED IN THE CONDITION REPORTI
59 A '"condition affecting the Property or transaction" is defined as fallows:
60 (a) planned or commenced public improvements which may result in special assessmefits or otherwise materially affect the Property [page 2 of 5. WB-131
61 or the present use of the Properly;
62 (b) completed or pending reassessment of the Property for property tax purposes:
6d (d) any land division involving the subject Property. for which required state or local approvals had not been obtained;
3 (c) government agency or court order requiring repair. alteration or correction of any existing condition;
65 (e) any portion of ,the Property being in a 100 year floodplain, a wetland or a shoreland zoning area under local, state or federal laws; 66 (0 cinditions'constituting a significant heal? or safely hazard for occupanb of Property;
67 (g) underground or aboveground storage tanks on the~Property for storage of flammable or combustible liquids including but not limited to
69 Comm 10 contains regisbation and operation rules for such underground and aboveground stom& tanks.
bB gasoline and heating oil which are currently or which were previously located on the Property; NOTE: Ws: Adm. Code, Chapter
70 (h) material violations of environmental laws or other laws or agreements regulating the uSe of the Property;
71 (i) high voltage electric (100 KV or greater),or steel natural gas transmission lines located on but not directly,seRing the Properly;
720) any portion of the Property being subjectto;or in violation of, a Farmland Preservation Agreement under a.County Farmland Preservation
73 Ran or enrolled in, or in violahbn of, a Forest Crop. Woodland Tax, Managed Forest. Conservation Reserve or comparable program,
74 (k) boundary disputes or material violation'of fence laws (Wis. Stats. Chapter 90) which require the erection and maintenance of legal
75 fenoes between adjoining properties where one or both of the properties is used and occupied for farining or grazing purposes;
76 (I) wells on the Property required lo be abandoned under state regulations (wis. Adm. Code NR 112.26) but whichere not abandoned;
77 (m) cistemgor-septic tanks on the Properly.which are cu.renlly not servicing Ihe Property; 78(n) subsoilcdnditionswhichwouldsign~cantlyinueaselhe~tof~edevelopmentpmposedatlines271-272,i(any.induding,butnotlimited
79 to, subsurface foundations, organic or nonaganic fill, dumpsites or containers on Property which contained or currently contain toxic or
80 hazardous matek4s; high groundwater. soil mnditans (e.g. bw bad bearing capacity) or exce&ive'& or rock formakns on the Property;
81 (0) a lack of legal vehicular access to the Property from public roads;
82 (p) prior reimbursement for corrective actioncosts.underIhe Agricultural Chemical Cleanup Prpgram; (Wis. Stats. 594.73.)
83 (4) other conditions or occurrences which would'signifiqntly increase the cost of the development proposed at lines 271 to 272 or
BI reduce the value of the Property to a reasonable peeison with knowledge of the nature and scopeof the condition or occurrence.
B5 PROPERPI DIMENSIONS AND SURVEYS: Buyer acknowledges that any land dimensions. total square footage/acreage figures,
87 reasons. unless verified by survey or other means. CAUTION: Buyer should verify land dimensions, total square footagelacreage
86 or allocalion of acreage information. provided to Buyer by Seller or by'a broker. may be approximate because of rounding or other
88 figures or.allocation of acreage information if material to Buyer's decision to purchase.
89 ISSUES REiaTED TO PROPERTY DEVELOPMENT: WARNING: If Buyer contemplates developing Property or a use other than the
90 current use. there are a varieb of issueswh$h should be addressed to ensure fie developmenl or new use is feasible. Municipal and zoning
9lordinances,recordedbuildingandu~reslrictons,covenanlsandeasementsmayprohibitcertainimprovementsorusesandthereforeshould
92 $e reviewed. Building permits. zoning variances. Architeclural Control Committee approvals, estimates for utility hook-up expenses. special
1 assessments. charges tor insAlalion of roads or utilities, environmental audits. subsoil tests. or other development related fees may need
to be obtained or verified in order to determine the feasibility of development of. or a particular use for. a property. Optional contingencies
5 which allow Buyer to investigate certain of these issues can be found al lines 271 - 314 and Buyer may add contingencies as needed in
96 addenda (see line 188). Buyer should review any plans for development or use changes to determine what issues should be addressed
97 in these contingencies.
98 INSPECTIONS: Seller agrees to allow Buyer's inspectors reasonable access to the Property upon reasonable notice if the inspections
IW reports lo Seller, and to listing broker if Property is listed. Furthermore, Buyer agrees to promptly restore the Properly to its original
99 are reasonably necessary to salisfy the conlingencies in this Offer. Buyer agrees to promptly provide copies of all.such inspection
101 condition after Buyer's inspections are completed. unless otherwise agreed in this Offer. An '@spection' is defined as. an observation
102 of the Property which does not include testing of the Property. other than testing for leaking LP gas or natural gas used~as'a fuel source,
103 which are hereby authorized.
1@d TESTING: Exceptasotherwiseprovided. Selleh authorizationfor inspectionsdoes not authorize Buyerto conduct testing of the Property.
105 A "1est:is defined as the taking of samples of materials such as soils. water. air or building materials from ,the Property and the laboratory
laor other analysis of these materials. If Buyer requires testingJesting contingencies must be specifically'provided for at lines 179 - 187 or
107 in an addendum per line i88. Note: Any bntingency authorizing testing should specity the areas of the Property lo be tested. the purpose
109 the contingency (e.g.. Buyer's obligation to return the Propelty to itsoriginal condition). Seller acknowledges that certain inspectionsortesls
IO8of the test. (e.g.. lo determine if environmental contamination Is present). any limitations on Buyets testing and any other material terms of
1.10 may detect environmental pollution which may be required to be reported to the Wisconsin Deparlment of Natural Resources.
111 PRE-CLOSING INSPECTION: At a reasonable'time. pre-approved by Seller or Selleh agent. within 3 days before dosing. Buyer shall
112 have the right to inspect the Property'to determine thatthere has been no significant change in the condition of the Property: except for
113 changes approved by Buyer.
114 = PROPERTY DAMAGE BETWEEN ACCEPTANCE AND CLOSING: Seller shall maintain the Property until the earlier of closing or
115 occupancy of Buyer in malerially the same condition as of the date of acceptance of this Offer. except for ordinary wear and tear. If. prior
117 the Properly and restore il to the same condition that it was on the day of this Offer. If the damage shall exceed such sum; Seller shall
I16 to closing, the Property is damaged in an amount of no1 more than five percent (5%) of the selling price, Seller shall be obligated to repair
118 promptly notify Buyer in writing of the damage and this Offer may be canceled at option Of~Buyer. Should Buyer elect to carry out this
119Offerdespitesuchdamage.BuyershallbeentitledtotheinsuranceproceedsrelatingtothedamagetotheProperty,plusacredittowards
120 the purchase price equal.10 the amount of Selleh deductible-on such policy. +lowever. if this sale is financed by a land contract or a
I21 mort a e to Seller, the insurance proceeds shall be held in trust for the sole purpose of restoring the Property.
I22 FENCES Wisconsin Statutes section 90.03 requires the owners of adjoining properties to keepand maintain legal fences in equal
I24 addressin res onsibrlrty for fences if Property or~adjoining land is'used and occupied for farming or grazing purposes.
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121 c9el s ares w ere one or both of the properties is used and occupied for farming or grazing purposes. CAUTION: Consider an agreement " .
MLlVEAVlRECElPT Unless otherwise stated in this Offerianysigned document transmitted.byfacslmire machine (fax) shall be treated
in all manner and cespects as an original document and the signature of any Party upon a document transmittedby fax shall be considered
127 an Original signature. Personal delivery io. or~actual receipt by,~any named Buyer or Seller~conslitutes personal delivery to. oractual receipt
129 the notice. .A Pa& may not unilateially reinstate a con(ingency'ifier a.notice of acoiltingency waivei has been received by the Other Paity 128 by Buyer or Seller. Once received, a notice cannol be withdrawn by lhe~Party delivering Vle.no!ice.wi!houl the consent of the P,arty receiving
11oThedelivery provisions in this Offer maybe modlfiedwhen ?ppopria?e (e:g..jmen:~ailldelivery is not desirable (see lines'25 -36). ' 111 &~yPlaiid Seller authorize the agents of Buyeiand Seller lo dislnbute'mpiesoftheOffer to Buyer's lender, appraisers. title insurancecompanies
132 and any other settlement service provide% Tor the.transactiin as defined by (he Real Estate Settlement Procedures Ad (RESPA).
..
I 1, vjr 1 TIME IS OF THE ESSENCE 1"Time is of the Essence'as to; (1)-
W~SC-~ 1-a em co , ITT.
13PROPERlYADDRESS: See attached leqal descriDtion . [page3of5.W513)
. (2) binding acceptance; (3) occupancy; (4)
135 date of closing; (5) contingency deadlineslSTRlKE AS APPLICABLE land allother dates and deadlines in this Offerexcept:mp
135
137 applies to a date or deadline, failure to perform by the exact date or deadline is a breach of contract. .If 'Time is of the Essence" does
. If 'Time is of the Essence'
138 not apply to a date or deadline, then performance within a reasonable time of the &e or deadline is allowed before a breach occurs.
139 I DATES AND DEADLINES IDeadlines expressed as a number of "days" from an event. such as acceptance, are calculated by excluding
140 the day the event occurred and by counting subsequent calendar days. The deadline expires at midnight on the last day. Deadlines
141 expressed as a specific number of "business days' exclude Saturdays. Sundays, any legal public holiday under Wisconsin or Federal
112 law. and other day designated by the President such that the postal Service does not receive registered mail or make regular deliveries
143 on that day. Deadlines expressed as a specific number of "hours' from the occurrence of an event, such as receipt of a notice, are
1u calculated from the exact time of the event. and by counting 24 hours per calendar day. Deadlines expressed as a specific day of the
145 calendar year or as the day of a specific event. such as closing, expire at midnight of that day.
146 THE FINANCING CONTINGENCY PROVISIONS AT LINES 148 - 162 ARE A PART OF THIS OFFER IF LINE 148 IS MARKED,
1480 FINANCINGCONTINGENCY ThisOfferiscontingentuponBuyerbeingabletoobtaina'
1491 INSERT LOAN PROGRAM OR SOURCE I first mortgage loan commitment as described below, within -
150 Offer. The financing selected shall be in an amount of not less than S
days of acceptance of this
for a term of not less than __
151 amortized over not less than - years,
years. Initial monthly payments of principal and interest shall not exceed S
152 Monthly payments may also include 1112th of the estimated net annual real estate taxes. hazard insurance premiums, and private
153 mortgage insurance premiums. The mortgage may not include a prepayment premium. Buyer agrees to pay a loan fee no1 lo exceed
154
155 costs.) If the purchase price under,this Offer is modified. the financed amount, unless otherwise provided, shall be adjusted
% of the loan. (Loan fee refers to discount points andloiloan origination fee, but DOES NOT include Buyer's other closing
1% to the same percentage of the purchase price as in this contingency and the monthly payments shall be adjusted as necessary to maintain
157 the term and amortization stated above. CHECK AND COMPLETE APPLICABLE FINANCING PROVISION AT LINE 158 OR 159.
158 0 FIXED RATE FINANCING: The annual rate of interest shall not exceed %.
159 0 ADJUSTABLE RATE FINANC1NG:Theinitial annual interestrate~shall not exceed
160 be fixed for
%. The initial interest rate shall
months. at which time the interest rate may be increased not more than
161 inlerest rate during the mortgage term shall not exceed
% per year. The maximum
162 to reflect interest changes.
%. Monthly payments~of principal and interest may beadjusted
163 LOAN COMMITMENT: Buyer agrees to pay all customary financing costs (including closing fees), to apply for financing promptly. and
IM to provlde evldence of application promptly upon request by Seller. If Buyer qualifies for the financing described in this Offer or other
mfinanc~ng acceptable to Buyer, Buyer agrees to deliver to Sellera copy of the written loan commitment no later thanthe deadline for loan
156 commltment at line 149. Buyer's delivej. of a.copy of any written loan commitment to Seller (even if subject to conditlons) shall
~67sat1stvtheBuver'sfinancinocontinoencvunlessaccomDaniedbvanoticeofunacceDtabititv.CA~0N~BUYER.BUYERSLENDER
0
147 SUCH AS WITH AN "X" THEY ARE NOT PART OF THIS OFFER IF LINE 148 IS MARKED NIA OR IS NOT MARKED.
0 '
IMI AND AGENTS OFBUYER 6~ SEL~ER SHOULD NOTL~ELIVER~ LOAN COMMITMENT TC) SELLER WITHOUTBUYERS PRIOR
169 APPROVAL OR UNLESS ACCOMPANIED BY A NOTICE OF UNACCEPTABILITY.
170 SELLER TERMINATION RIGHTS: If Buyer does not make timely delivery of said commitment. Seller may terminate this Offer if Seller
172 FINANCING UNAVAILABILITY: If financing is not available on the terms stated in this Offer (and Buyer has not already delivered an
171 delivers a written notice of termination to Buyer prior to Seller's actual receipt of a copy of Buyer's written loan commitment.
174 of lender(s)' rejection letter(s) or other evidence of unavailability. Unless a specific loan source is named in this Offer. Seller shall lheh
173 acceptable loan commitment for other~financing to Seller), Buyer shall promptly deliver written notice to Seller of same including copies
175 have 10 days to give Buyer written notice>pf Selleh decision to finance this transaction omthe same terms set forth in this Offer agd this
176 Offer shall remain in full force and effect. wlth lhe lime for closing extended accordingly. If Seller's notice is not timely given, IhisOffershall In be null and void. Buyer authori.zes Seller to obtain any credit information reasonably appropriate to determine Buyer's credit worthiness
mfor Seller financino.
1791 ADDITIONAL PROVISIONS/CONTINGENCIEb I. , See attached Addendum. " .:
187
188mADDENDA Theanached t documents
185'1 TITLE EVIDENCE
&re made part of this Offer.
193 = CONVEYANCE& TITLE: Upon payment of the purchase price. Seller shall convey the Property by warranty deed (or other
191 conveyance as provided herein) free and clear of all liens and encumbrances. except: municipal and zoning ordinances and
191 agreements entered under hem. recorded easements for lhe distribution of utility and municipal services, recorded building and use
193 restrictions and covenants. general taxes levied in the year ofclosing& al,
195
1% for purposes of lhis transaction. Seller further agrees to complele and execute the documents necessary lo record the conveyance.
(provided none of the foregoing prohibit present use of the Properly). which constitutes merchantable title
*including gap coverage
197 FORM OF TITLE EVIDENCE;/&l&cshalI give evidence of title in the form of an ownets policy of title insurance in the amount of the
Buyer page4of5,WB-13
198 purchase price on a current ALTA form issued bv an insurer licensed to write title insurance in Wisconsill+ CAUTION: IF TITLE w EVIDENCE WILL BE GIVEN BY ABSTRACT.-E TITLE INSURANCE PROVISIONS AND INSERTABkTRACTPROVISIONS.
1 shall be acceptable if the commitment for the required title insurance is delivered to Buyeh attorney or Buyer not less lhan 3 business
I PROVISION OF MERCHANTABLE TITLE:W shall pay all costs of providing title evidence. For purposes of closing, title evidence
202days before closing,,showing title to the Property as of a date no more than 15 days before delivery of such.title evidence to be
203 merchantable. subject only to liens which will be'paid out of the proceeds of closing and standard title insurance requirements and
mexceptions. as appropriate. CAUTION: BUYER SHOULD CONSIDER UPDATING THE EFFECTIVE DATE OF THE TITLE
205 COMMITMENT PRIOR TO CLOSING OR A "GAP ENDORSEMENT" WHICH WOULD INSURE OVER LIENS FILED BETWEEN THE
106 EFFECTIVE DATE OF THE COMMITMENT AND THE DATE THE DEED IS RECORDED.
207 TITLE ACCEPTABLE FORCLOSING: xa m
210
211
213 SPECIAL ASSESSMENTS: Special assessmenk. if any, for work actually commenced or levied prior to date of this Offer shall be
214 paid by Seller no laler than closing. All other special assessments shallbe paid by Buyer. CAUTION: Considera specialagreement
215 Ifarea assessments, properly owner's association assessments or other expenses are contemplated. 'Other expenses"are on&
216 time charges or ongohg use fees for public improvements (other than those resulting in special assessments) relating to curb,.gutter,
217 street, sidewalk, sanitary and stormwater and storm sewer [including all sewer mains and hook-up and interceptorcharges). pads. street
218 li htin and street trees. and impact fees for.other public facilities. as defined in Wis. Set: 5 66.55(1)(c) 8 (I).
219 -1 This Offer, including any amendments to it.contains the entire agreement of the Buyer and Seller regarding the m transaction. All prior negotiations and discussions havebeen merged into this Offer. This agreement binds and inures-to the benefit of
221 the Parties to Ihis~Offer and their successors in interest.
223 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
224 material failure to perform any obligation under this Offer is a default which may subject me defaulting pafly to liability for damages or
225 other legal remedies.
226 If Buver defaults, Seller may:
227 (1) sue for specific performance and request the earnest money as partial payment of the purchase price; or m (2) terminate the Offer and have the option to: (a) request the earnest money as liquidated damages; or (b) direct Broker to return
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212 p .. .. See attached Addendum.
m [-I
0 the earnest money and have the option to sue for actual damages.
231 (1) sue for specific performance; or
If Seller defaults, Buyer may:
232 (2) terminate the Offer and request the return of the earnest money. sue for actual damages, or both.
234 The Parties understand that the availability of any judicial remedy will depend upon the circumstances of the situation and the
233 In addition, the Parties may seek any other remedies available in law or equity. '
235 discretion of the courts. If either Party defaults. the Parties may renegotiate the Offer or seek nonjudicial dispute resolution instead of
236 the remedies outlined above. ,By agreeing to binding arbitration. the Parties may lose the tight to litigate in a court of law those disputes
217 covered by the arbitration agreement.
238 NOTE: IF ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT BOTH PARTIES SHOULD READ
239THlSDOCUMENTCAREFULLY BROKERSMAYPROVlDEAGENERALD(PLANATIONOFTHEPROVlSlONSOFTHEOFFERBUT
2N ARE PROHIBITED BY LAW FROM GIVING ADVICE OR OPINIONS CONCERNING YOUR LEGAL RIGHTS UNDER THIS OFFER OR
241 HOW TITLE SHOULD BE TAKEN AT CLOSING. AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS NEEDED.
2421 EARNEST MONEY I
2U HELD BY Unless otherwise agreed, earnest money shall be paid to and held in the trust account of the listing broker (buyeh agent
214 if Property is not listed or seller if no broker is involved), until applied to purchase price or otherwise disbursed as provided in the Offer.
26 CAUTION: Should persons other than a broker hold earnest money, an escrow agreement should be drafted by the Parties
216 or an afforney. If someone other than Buyer makes payment of earnest money, consider a special disbursement agreemenl
247 DISBURSEMENT If negotiations do not result in an accepted offer, the earnest money shall be promptly disbursed (after clearance
243 from payots depository institution if earnest money is paid by check) to the person@) who paid the earnest money. At closing, earnest
249 money shall be disbursed according to the closing statement. If this Offer does not close, the earnest money shall be disbursed according
2% to a written disbursement agreement signed by all Parties to this Offer (Note: Wis. Adm. Code 5 RL 18.09(l)(b) provides that an offer
251 to~purchase is not a written disbursement agreement pursuant to which the broker may disburse). If said disbursement agreement has
252 not been delivered to broker within 60 days after the date set for closing, broker may disburse the earnest money: (1) as directed by
253 an attorney who has reviewed the transaction and does not represent Buyer or Seller: (2) into a court hearing a lawsuit involving the
254 earnest money and all Parties to this Offer: (3) as directed by court order; or (4) any other disbursement required or allowed by law.
256 eamesl money any costs and reasonable attorneys fees, npl~to exceed $250, prior lo disbursement.
255 Broker may retain legal services to direct disbursement per (I) or to file an interpleader action per (2) and broker may deduct from the
258 Offer. Buyer's or Sellets legal right to earnest money cannot be determined by broker. At least 30 days prior to disbursement per (1)
257 LEGAL RIGHTS/ACTION: Brokets disbursement of earnest money does not determine the legal rights of the Parties in relation to this
r (4) above, broker shall send Buyer and Seller notice of the disbursement by certified mail. If Buyer or Seller disagree with brokets
II earnest money disputes arising out of the sale of residential property with 1- 4 dwelling units and certain other earnest money disputes. roposed disbursement. a lawsuit may be filed to obtain a court order regarding disbursement. Small Claims Court has jurisdiction over
262 Buyer and Seller should consider consulting attorneys regarding their legal rights under this Offer in case of a dispute. Both Parties
264 applicable Department of Regulation and Licensing regulations concerning earnest money. See Wis. Adm. Code'Ch. RL 18. NOTE: 263 agree to hold the broker harmless from any liability for good faith disbursement of earnest money in accordance with this Offer or
' 266 OROBLIGATIONS OF PARTIES T0.A TRANSACTION OR THE LEGAL EFFECT OF A SPECIFIC CONTRACT OR CONVEYANCE. 265 WISCONSIN LICENSE CAW PROHIBITS A BROKER FROM GIVING ADVICE OR OPINIONS CONCERNlNG.THE LEGAL RIGHTS
267 AN ATTORNEYSHOUD BE CONSULTED IF LEGAL ADVICE IS REQUIRED. 1
a
268 PROPERTYADDRESS: 1 dpsrr [page 501 5. WB-131
270 MARKED, SUCH AS WITH AN "X"~ THEY ARE NOT PART OF THIS OFFER IF MARKED NIA OR ARE LEFT BLANK.
271 n PROPOSED USE CONTINGENCY: Buyer is purchasing the property for the purpose of:
272
I . This Mer is contingent upon Buyer obtaining the following
273 n Written evidence at(Buyer's)(Seller's)ISTRIKE ONE[ expense from a qualified soilsexpert that the Property is free of any subsoil
274 condition which would make the proposed development impossible or significantly increase the costs of such development.
215 0 Written evidence at (Buyets)(Sellets) -1 expense from a cerlified soils tester or other qualified expert that indicates that
276 the Property's soils at locations selected by Buyer and all other conditions which must be approved to obtain a permit for an acceptable private
271 septic system for: [insert proposed use of Property: e.g.. three
278 bedroom single family home] meet applicable codes in effect as of the date of this offer. An acceptable system includes all systems approved
280 toilet or chemical toilet or other systems (e.g. mound system) excluded in additional provisions or an addendum per lines 179 - 188.
27s for use by the State for the type of property identified at line 277. An acceptable system does not include a holding tank, privy. composting
281 0 Copies at (Buyefs)(Sellefs)(STRIKElexpense of all public and private easements. covenants and restrictions affecting the
282 Property and a written determination by a qualified independent third party that none of these prohibit or significantly delay or increase
283 the costs of the proposed use or development identified at lines 271 to 272.
284 0 Permits, approvals and licenses, as appropriate. or the final discretionary action by the granting authority prior to the issuance
285 of such permits. approvals and licenses at (Buyets)(Selter's) expense for the following items related to the proposed
286 development
287 0 Written evidence at (Buyets)(Sellefs)(STRIKEl expense that the following utility connections are located as follows ( e.g..
288 on the Property. at the lot line across the street. etc.): electricity .gas ; sewer
2% This proposed use contingency shall be deemed satisfied unless Buyer within days of acceptance delivers
291 written notice lo Seller specifying those items of this contingency which cannot be satisfied and written evidence substantiating why each
292 specific item included in Buyer's notice cannot be satisfied.
2930 MAP OFTHE PROPERTY: This meris contingent upon (Buyerobtaining)(Sellerproviding) STRIKE ONE a mapof the Property prepared
29 by a registered land surveyor. within ~ days of acceptance. at (Buyets)(Sellefs) e STRIKE ONE expense: The map shall identrfy the legal
295 description of the Property, the Property's boundaries and dimensions, visible encroachments upon the Property, the location of improvements.
I ..
289 ,water ;telephone ; other
296 it any. and :
297 .ISTRIKE AND COMPLETE AS APPLICABLE 1 Additional mapfeatUM
198 which may be added include, but are not limited to: specifying how current the map must be; staking of all comers of the Property; identifying
2% dedicated and apparent streets. lot dimensions, total acreageor square footage, easementsor rights-of-way. CAUllON: Consider the cost
3w and the need for map features before selecting them. The map shall show no significant encroachment(s) or any information materially
301 lnconslstent wlth any pnor representations to Buyer. This contingency shall be deemed satisfied unless Buyer. within five days of the earlier
303 of the map and a written notice which identities the significant encroachment or the information materially inconsistent with prior representabns.
302 of 1) Buyer's receipt of the map, or 2) the deadline for delivery of said map. delivers to Seller. and to listing broker if Property is listed. a copy
3040 INSPECTION CONTINGENCY: This Offer is contingent upon a qualified independent inspector(s) conducting an inspection(s). at
35 Buyefs expense, of the Property and
307 unless Buyer within days of acceptance delivers to Seller, and to listing broker if Property is listed, a copy of the inspectots
which discloses no defects as defined below. This contingency shall be deemed satisfied
a.. . .
306
316(x) Bv:
317 BuyetsSlgnalure 1 PtinlNawDa~id L. De Angelis, Mayor -r FEIN A Dale . 39-6006023 2- '28 -02
I
320 EARNEST MO& RECEIPT Broker acknowledges receipt of eamest money as per line 8 of the above Mer. (See lines 242 - 267)
321
322 SELLER ACCEPTS THIS OFFER. THE WARRANTIES, REPRESENTATIONS AND COVENANTS MADE IN THIS OFFER SURVIVE CLOSING AND
323 THE CONVEYANCE OF THE PROPERTY SELLER AGREES TO CONVEY THE PROPERTY ON THE TERMS AND CONDITIONS AS SET FORTH
324 HEREIN AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS OFFER.
325 (X)
3X Se11efs Signalure A Pin1 Name Here. * Edward J . Kotnik Social Sewnly NomG539P Dale .
Broker (By)
Social Secunly NO. or FElN Dale .
on .at- a.m.1p.m.
330THlS OFFER IS REJECTED
331
THIS OFFER IS COUNTERED [See attached counter]
Seller IhitialS. Dale. Seller lnilials. Dale.
All that part of Parcel A of Certified Survey Map No. 103 and unplatted lands in
the Northwest % of Section IO, Town 5 North, Range 20 East, in the City of Muskego,
Waukesha County, Wisconsin, bounded and described as follows:
Commencing at the Northeast comer of said Northwest %; thence West along the
Korth line of said Northwest % Section 448.65 feet; thence S 0’ 32’ 25” W, 807.53 feet
to the place of beginning of the lands to be described; thence continuing S 0” 32’ 25” W,
203.12 feet; thence West 153.94 feet; thence S 0” 32’ 25” W, 402.73 feet; thence S 76’
46’ 49” W, 92.10 feet; thence S 2” 17’ 27” E, 235.15 feet to the centerline of Janesville
road; thence S 57” 35’ 50” W along said centerline 135.08 feet; thenceN 14” 21’ 25” W,
445.45 feet; thence West 50.00 feet; thence N 00 32’ 25”E, 499.83 feet; thence East,
540.45 feet to the place of beginning. Excepting the South 33 feet, which has been
previously dedicated for road purposes. Containing 6.625 acres more or less. exclusive of
road right-of-way.
ADDENDUM TO OFFER TO PURCHASE
1 INSPECTIONS, INCLUDING ENVIRONMENTAL INSPECTIONS, AUDITS AND
ASSESSMENTS. This Offer is contingent on Buyer, and its representatives,
being provided with access to the property subject to this Offer by Seller and
Buyer, and its representatives, at Buyer’s expense, performing inspections
including, but not limited to, environmental inspections, audits and
assessments of the property subject to this Offer to the extent determined
by Buyer and the results of said tests being satisfactory to .the Buyer at its
sole discretion. If Buyer does not waive this contingency in writing to the
Seller within 45 days of the date of acceptance of this Offer, this Offer is
null and void.
2. TITLE ACCEPTABLE FOR CLOSING. If title evidence does not meet the sole
satisfaction of the Buyer, Buyer may declare the Offer to Purchase
Agreement null and void.
3. CLOSING PRORATIONS. The following items shall be prorated at closing:
real estate taxes, rents, private and municipal charges, property owner’s
association assessments and fuel. Any income, taxes or expenses shell
accrue to Seller and be prorated through the day prior to closing. 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 net general real estate taxes
for the preceding year.
4. Seller, and any other entity whose name appears on any of the attached
documents, shell execute the original of all attached documents on or before
closing other then the legal description end Addendum.
N
GRAPHIC SCALE
SCALE: 1" = 200'
100 200 400
EXHIBIT A TITLE: FREEDOM
SQUARE CONDOMINIUM
KOTNICK PROPERTY
ADMISSION OF SERVICE
Due Service of a Copy of:
CERTIFICATE OF COMPENSATION & NOTICE OF
RIGHT TO APPEAL THE AMOUNT OF COMPENSATION
PURSUANT TO WISCONSIN STATUTE §32.05(2a)
Admitted this day of , 2002
EDWARD J, KOTNIK
alkla EDWARD J. KOTNICK
ADMISSION OF SERVICE
Due Service of a Copy of.
CERTIFICATE OF COMPENSATION & NOTICE OF
RIGHT TO APPEAL THE AMOUNT OF COMPENSATION
PURSUANT TO WISCONSIN STATUTE §32.05(2a)
Admitted this day of , 2002.
NANCY KOTNIK
ADMISSION OF SERVICE
Due Service of a Copy of,
CERTIFICATE OF COMPENSATION & NOTICE OF
RIGHT TO APPEAL THE AMOUNT OF COMPENSATION
PURSUANT TO WISCONSIN STATUTE §32.05(2a)
Admitted this day of , 2002.
LINCOLN STATE BANK
ADMISSION OF SERVICE
Due Service of a Copy of.
CERTIFICATE OF COMPENSATION & NOTICE OF
RIGHT TO APPEAL THE AMOUNT OF COMPENSATION
PURSUANT TO WISCONSIN STATUTE §32.05(2a)
Admitted this day of , 2002.
STATE FINANCIAL BANK, NA
By:
ADMISSION OF SERVICE
Due Service of a Copy of:
CERTIFICATE OF COMPENSATION & NOTICE OF
RIGHT TO APPEAL THE AMOUNT OF COMPENSATION
PURSUANT TO WISCONSIN STATUTE §32.05(2a)
Admitted this day of , 2002.
ROBERT L. PELZMANN
NOTICE OF RIGHT TO APPEAL THE
AMOUNT OF COMPENSATION PURSUANT
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 the 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 , 2002.
CITY OF MUSKEG0
ATTEST:
David L. De Angelis, Mayor
Jean K. Marenda, Clerk
CERTIFICATE OF
Document No. COMPENSATION
Pursuant to Wisconsin Statute 532.05(2a), this
document shall be recorded with the Waukesha County
Register of Deeds, Waukesha, Wisconsin.
That the City of Muskego has acquired fee simple
title in the property described below pursuant to §32.05
of the Wisconsin Statutes.
1. The identity of all persons having an interest
of record in the property immediately prior to its
conveyance is as follows:
Edward J. Kotnik alkla Edward J. Kotnick
Nancy Kotnik
Lincoln State Bank
State Financial Bank, NA
Robert L. Pelzmann
Return To:
Atty Donald S Molter, Jr
Arenz,Molter,Macy&Riffle
Waukesha, WI 53187-1348
P.0 Box 1348
Tax Key Number
The legal description of the property in which fee simple title was acquired is as
3.
follows:
SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "1"
The matter of the interest acquired and the compensation for such acquisition is as
The matter of the interest acquired is fee simple title for storm sewer watercourse
control improvements.
The amount of compensation is $
Dated this day of , 2002.
CITY OF MUSKEG0
ATTEST.
Jean K. Marenda, Clerk
This Instrument Was Drafted by:
Attorney Donald S. Molter, Jr
720 N. East Avenue, P.O. Box 1348
Waukesha. WI 531 87-1 348
0 ARENZ, MOLTER, MACY & RIFFLE, S.C.
David L. De Angelis, Mayor
CITY SEAL
AI1 that part of Parcel A of Certified Swey Map No. IO3 and unplatted lands in
the Northwest % of Section 10, Town 5 North, Range 20 East, in the City of Muskego,
Waukesha County, Wisconsin, bounded and described as follows:
Commencing at the Northeast comer of said Northwest %; thence West along the
North line of said Northwest % Section 448.65 feet; thence S 0” 32’ 25” W, 807.53 feet
to the place ofbepinning of the lands to be described; thence continuing S 0” 32’ 25” W,
203.12 feet; thence West 153.94 feet; thence S 0” 32’ 25” W, 402.73 feet; thence S 76”
46’ 49” W, 92.10 feet; thence S 2” 17’ 27” E, 235.1 5 feet to the centerline of Janesville
road; thence S 57“ 35’ 50” W along said centerline 135.08 feet; thence N 14” 21’ 25” W,
445.45 feet; thence West 50.00 feet; thence N 0” 32’ 25”E, 499.83 feet; thence East,
540.45 feet to the place ofbeginning. Excepting the South 33 feet, which has been
previously dedicated for road purposes. Containing 6.625 acres more or less, exclusive of
road right-of-way.
WAIVER OF APPRAISAL, RECOMMENDATION & APPROVAL
Owner: EDWARD J. KOTNIK a/k/a EDWARD J. KOTNICK, a Single Person
Acquisition of: See Attached Legal Description
Interest Acquired: Fee Simple Title for Storm Sewer Watercourse Control
Improvements
The undersigned owner of land designated as in the attached legal
description, containing approximately 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.
0 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 , 2002.
EDWARD J. KOTNIK
a/k/a EDWARD J. KOTNICK
All that part of Parcel A of Certified Survey Map No. 103 and unplatted lands in
the Northwest !4 of Section 10, Town 5 North, Range 20 East, in the City of Muskego,
Waukesha County, Wisconsin, bounded and described LS follows:
Commencing at the No~heast comer of said Northwest %; thence West along the
North line of said Northwest !4 Section 448.65 feet; thence S 0” 32’ 25” W, 807.53 feet
to the place of bepinning of the lands to be described; thence continuing S 0” 32’ 25” W.
203.12 feet; thence West 153.94 feet; thence S 0” 32’ 25” W, 402.73 feet; thence S 76”
46’ 49” W, 92.10 feet; thence S 2” 17’ 27” E, 235.15 feet to the centerline of Janesville
road; thence S 57‘ 3s’ 50” W along said centerline 135.08 feet, thenceN 14’ 21’ 25”W,
445.45 feet; thence West 50.00 feet; thence N 00 32’ WE, 499.83 feet; thence East,
540.45 feet to the place of beginning. Excqting the South 33 feet, which has been
previously dedicated for road purposes. Containing 6.625 acres more or less, exclusive of
road right-of-way.
e
*
WAIVER OF APPEAL RIGHTS AS TO
AMOUNT OF COMPENSATION PURSUANT
TO WISCONSIN STATUTE §32.05
For valuable consideration, hereby acknowledged by the undersigned, I
hereby waive any and all rights that I may have to appeal the award of
compensation made under Wisconsin Statute §32.05.
Dated this day of , 2002.
EDWARD J, KOTNIK
a/k/a EDWARD J. KOTNICK
STATE BAR OF WISCONSIN FORM 1 - 1998
WARRANTY DEED
!I
:, and CITY OF hlJSKW3. a Wisconsin Municiml Comratlon
!I
SEE RlTACMZU LEGAL DESCRIPPION
HRRKED EXHIBIT "I" i 'Atty Donald S Molter, Jr.
'
Waukesha. WI 53187-1348 ! P.O. Box 1348
Arenz,Molter,Macy h Riffle, SC
I l,.->.:.-:~"~ ~ _"_
~ __~
(SEAL)
FOWRRD J. KOTNIK (SEAL)
* a/k/a FDWARD J. KMNICK
(SEAL) (SEAL)
AUTHENTICATION ACKNOWLEDGMENT
Slg"a,"'elr) 1
All that part of Parcel A of Certified Survey Map No. 103 and unplatted lands in
the Northwest % of Section 10, Town 5 North, Range 20 Exst, in the City of Muskego,
Waukesha County, Wisconsin, bounded and described as follows:
Commencing at the Northeast comer of said Northwest %; thence West along the
North line of said Northwest % Section 448.65 feet; thence S 0” 32’ 25” W, 807.53 feet
to the place of beginning of the lands to be described; thence continuing S 0” 32’ 25” W,
203.12 feet; thence West 153.94 feet; thence S 0” 32’ 25” W, 402.73 feet; thence S 76”
46’ 49” W, 92.10 feet; thence S 2” 17’ 27” E, 235.15 feet to the centerline ofJanesville
road; thence S 57” 35’ 50” W along said centerline 135.08 feet; thence N 14’ 21’ 25” W,
448.45 feet; thence West 50.00 feet; thence N 0” 32’ 25”E. 499.83 feet; thence East,
540.45 feet to the place of beginning. Excepting the South 33 feet, which has been
previously dedicated for road purposes. Containing 6.628 acres more or less, exclusive of
road right-of-way.
‘e
AnACHMENTS wrscorlsIr1
HERE Real Estate Transfer Return - Confidential
To complete see Instructions for Real Estate Transfer Return PE-5WA.
Submit original form to Register 01 Deeds with document(s) to be recorded. Completely fill in all appropriate areas. TTPE or PRINT
clearly in BLACK INK, and use ALL UPPERCASE LETTERS. If typing Ion. type through vertical character lines.
I. GRANTOR (Seller) II more lhan ONE (1) grantor. box at kn and kt MI anarhed addendm. Note: bet 67-R musl be mmpleled W#I grantoh address.
I. YW L~SI nm. m cmprnr nun. not.: FO, ~mb p~rpoa. a ~n*dmpb #I me qmnw 1 - b nm [sa, 61.21.
I
V. TO BE COMPLETED BY AUTHORIZED COUNTY/LOCAL OFFICIAL , n. oorurnm~ NY~~W 24. Vol~rn.UaI# 15. hpdmp. B. Cnl Rmd.l 27. Dm d C0-m
$
PE-500 IR. I-ZMOI Continued -3 -
VIII. PHYSICAL DESCRIPTION AND GRANTEE'S PRIMARY USE OF PROPERTY
a
GRANTOR: EDWARD J. KOTNIK a/k/a EDWARD J. KMICK
GRmE: CITY OF MUSKEGO
All that part of Parcel A of Certified Survey Map No. 103 and unplatted lands in
the Northwest % of Section IO, Town 5 North, Range 20 East, in the City of Muskego,
Waukesha County, Wisconsin, bounded and described as follows:
Commencing at the Northeast comer of said Northwest %; thence West along the
North line of said Northwest % Section 448.65 feet; thence S 0’ 32’ 25”W, 807.53 feet
to the place of beginning of the lands to be described, thence continuing S 0” 32’ 25” W,
203.12 feet; thence West 153.94 feet; thence S 0” 32’ 25” W, 402.73 feet; thence S 76“
46’ 49” W, 92.10 feet; thence S 2“ 17’ 27” E, 235.15 feet to the centerline of Jande
road; thence S 57” 35’ 50” W along said centerline 135.08 feet; thenceN 14’ 21’ 25” W,
445.45 feet; thence West 50.00 feet; thence N 00 32’ 25”E, 499.83 feec thence East,
540.45 feet to the place of beginning. Excepting the South 33 feet, which ha been
previously dedicated for road purposes. Containing 6.625 acres more or less, exclusive of
road right-of-way.
CHICAGO TITLE INSURANCE COMPANY 0
Construction Work and Tenants Affidavit
1. I am the Owner of the property (the Property) described in commitment number 1118596
issued by CHICAGO TITLE INSURANCE COMPANY
2. Construction work. (Check One Box)
Repair or construction work HAS NOT been done on the Property in the past six months.
0 Repair or construction work HAS been done on the Property in the past six months. The total dollar amount
of the work is approximately 6 . AU of the people who supplied labor or material are
listed below. All lien waivers I collected from these people are stapled to this affidavit.
Type of Work Contractor Name Dollar Amount of Work Date Work Completed
3. Tenants. The following tenants and renters occupy the Property. (Check One Box)
There are NO tenants.
There are tenants, but all have left the Property or WILL LEAVE as of closing.
0 One or more tenants WILL STAY alter this sale is closed. Their names are:
I give this affidait to persuade CHICAGO TITLE INSURANCE COMPANY to issue its policy or policies of
title insurance. I agee to indemnify CHICAGO TITLE INSURANCE COMPANY against loss caused by
inaccuracies or omissions in the above information of which 1 am aware.
Dated this day of (Year).
OWNER
Subscribed and sworn to before me this
day of > -(Year)
CHICAGO TITLE INSURANCE COMPANY
Affidavit as to Broker Lien Rights
The undersigned, being duly sworn, deposes and says:
That I am the owner or purchaser (the Owner) of property further described in commitment to insure number
Gill118596 (the Property) issued by Chicago Title Insurance Company (the Company), or partner. officer or
member ofthe Owner with authority to make the representations below.
(Complete one)
x No real estate broker is or will be entitled to a commission from Owner under a Listing contract or buyer
agency contract having to do with the purchase or sale of the Property, and there is no contract for the lease
or management of the Property under which a commission is presentlyowed.
- The following is an accurate and complete list of all real estate brokers who are or wit1 be entitled to a
commission from the undersigned Owner under a listing contract or buyer agency contract having to do with
the purchase or sale of the Property, and/or with whom the Owner has a contract for the lease or
management of the Property.
LISTING/BUYER BROKER
Name
Address
Telephone number
Amount of commission owed or to be owed:
LEASING/MANAGEMENT BROKER
Name
Address
Telephone numbel
Amount of commissions owed on this date:
Attached hereto is a waiver of lien rights from each broker listed above, or a copy of the dosing
statement showing that each broker will be paid at dosing.
This aflidavit is given to induce the Company to issue its policy or policies of title insurance. The undersigned
indemnifies Chicago Title Insurance Company against any loss caused by the existence of any inaccuracies or omissions
in the above information known to the undersigned and'not disclosed to the Company, plus any cost of the enforcement
of this indemnifikation.
Dated this day of
OWNER Subscribed and sworn to before me this
..
day of .-(year).
TI.- EDWARD J. KmIK a/k/a
My commission (expires) (is
bmM 8/98 permanent):
cHIcAGo~INsuRANcEcoMPANY
Affidavit as to Broker Lien Rights
Its: David L. De Angelis, Mayor
My commission (expires) (L
The undersigned. beins duly sworn, deposes and says:
That I am the- purchaser (the Owner) of property Further described in commitment to insure number
1118596 (the Property) issued by Chicago Title Insurance Compmy (the Companv), or partner. officer or
member of the Owner with authority to make the representations below.
(Complete one)
- No red estate broker is or dl be entitled to a commission from Owner under a listing contract or buyer
azency contract havine to do Mth the purchare or sale of the Property, and there is no contract for the lease
or manaeement of the Property under which a commission is presently owed.
X
- The following is an accurate and complete list of all red estate brokers who arc or d be entitled to a
commission from the undersipcd Owner under a htiq contract or buyer agency contract having to do with
the purchase or sale of the Propertv, and/or with whom the Owner has a contract for Lhe lease or
management of the Property.
LISTTNG/BUYER BROKER
Name
Address
Telephone numbrr
Amount of commission owed or to be owed
LEASING/b.UNAGEbIEX BROKER
Nux
Address
Ttlephone number
Amount of commirsions owed on this date:
Attached hereto is a waiver of lien rights from ea& broker listed above, or a copy of the dosing
statement stowing that each broker will be paid at dosing.
This affklavit is given to induce the Company to issue its policy or policies of title insurance. The undersiped
indemnifes Chicago Title Insurance Company against any 10s caused by the existence of any inaccuracies or Omissions
ol this indemnification.
in the above information known to the undersiped and not disclosed to the Company, plu MY cast of the enforcement
Dated this day of
OWNER - PURCHASER Subscribed and sworn to before me this
CHICAGO TITLE INSURANCE COMPANY
RECORDING GAP INDEMNITY
Commitment No. 1118596
WEEREAS, the C3ICAC4 TITLE INSUFLWCE COMPANY, a Missouri corporation
(Chicago), is about to issue its title insurance policy or policies (the
Policies) to the prcposed insured(s1 for property described in the
above-referenced commitment. insuring against loss by reason of defects in the
title to said proper:y (the Land);
UUT, WER3S. Chicaqo bas made exception for defects, liens,
encumbrances, adverse claims or other matters, if any, created, first
appearing in the public records or attaching between the effective date of the
ti:ie insurance Commitments and the date of recording oE the deed and/or
mortqage to be insured (Gap Defect(s1);
AXE. WHERCAS, Chicago has been asked to issue the Policies, and may
hereaft?: in'the oz?ir.ar: czurse OE its business issue title insurance
policies or commitments in respecc to the Land. or some part or icterest in it
(the Future Policies). removing or insuring against lcss by reascn of the Gap
Defecc(s1 ;
NCW, THEREFORE, i2 consideration of the issuance of the Policies or
Facur? Pclicies. the cndrrsigned covenantls) and agree(s1 ,with Chicaqo forever
crests?, sufL?red or agree? io by the urdersigned and except as ?isclosed in
pr-tect. defend and sa.je Chicqo harnl;.ss from and aaalnsi Gap Defect(s1
,writing to Chicago, ar.d any righc, int-rest or defcc: growinq out cf che same,
ma:; incur by reascn :hereof, ir.cluain5 loss. costs, damaces. fees ar.d expenses
izcludirg all loss, costs, damages, and attorneys' fees and enenses which it
undersigned's own cost any ana every suit, action or proceeding in which the
incurred in actions brought to enforce this agreement; to defend at
Gap Defect(s1 was created. suffered or agreed to by the undersigned and.
exce?c as disclose2 in wriring to Chicago, is or are asserted against the real
es:ate; to satisfy or remove such Gap DeEecc(s1 on written demand within
thircv days; a;ld that each acd ever;, provision herein shall extend to ad be
13 force concernixj Future Policies
"
Dated this day of
FOR CORPORAUTIOM FOR 1NDIVTDUAJ-S
WlSCONSlN REALTORS" ASSOCIATION
4801 Forest Run Road
~ Madison. Vlliswnsin 53704
Realty Center Inc
1 REAL ESTATE CONDITION REPORT - V Page 1 of 2 6 PROPERTY OWNER:
PROPERTY ADDRESS:
EDWARD J KOTNIK
573 Wl6610 JANESVIIJX RD., MUSKEGO, WI 53150
3 OWNER HAS OWNED THE PROPERTY FOR 10 YEARS.
See Lines 59-66 on page two.
4 CIRCLE ONE ANSWER: Explain any "yes" or "unsure" answers in the blank lines following question #1 6.
5 (1) Are you aware of planned or commenced public improvements which may result in special
6 assessments or otherwise materially affect the Property or the present use of the Property?
8
7 (2) Are you aware of any government agency or court order requiring repair, alteration or correction yes
of any existing condaion?
10 (4) Are you aware of any land division involving the Property, for which required state or local
9 (3) Are you aware of any completed or pending Property tax reassessment of the Properly? yes
12 (5) Are you aware of any portion of the Property being in a 100 year floodplain, a wetland or a @
13 shoreland zoning area under local, state or federal regulations?
14 (6) Are you aware of any portion of the Property being subject to, or in violation of, a Farmland
15 Preservation Agreement under a County Farmland Preservation Plan, or enrolled in, or in violation
16 of, a Forest Crop, Woodland Tax, Managed Forest. Conservation Reserve or comparable program?
17 (7) Are you aware of any boundary disputes or material violation of fence laws (Wis. Stats. Ch. 90) yes
19
20 (8) Are you aware of material violations of environmental rules or other rules or agreements
one or both of the properties is used and occupied for farming or grazing purposes?
22 (9) Are you aware of conditions Constituting a significant health or safety hazard for occupants
23 of Property? Yes
25
24 (10) Are you aware of underground storage tanks on the Property for storage of flammable or
combustible liquids. including but not limited to gasoline and heating oil? Yes
26 (1 1) Are you aware of underground storage tanks for storage of flammable or combustible liquids.
27 including but not limited to gasoline and heating oil. previously located on the Property?
28 (12) Are you aware of high voltage electric (100 KV or greater) or Steel natural gas transmission
yes
11 approvals were not obtained? yes
yes
18 which require the erection and maintenance of legal fences between adjoining properties where
21 regulating the use of the Property? yes
yes
yes e: lines located on but not directly serving the Property?
but which are not abandoned according to state regulations?
0 (13) Are you aware of wells on the Property required to be abandoned (WIS. Adm. Code NR 112.26) yes
32 (14) Are you aware of cisterns or septic tanks on the Property?
33 (15) Are you aware of subsoil wnditions which would significantly increase the cost of (@
35
36
fill. dumpsites or containers on Properly which contained or currently contain toxic or
37
hazardous materials. high groundwater. soil conditions (e.g. low load bearing capacity)
38 (16) Are you aware of a lack of legal vehicular access to the Property from public roads?
or excessive rocks or rock formations on the Property?
39 (17) Are you aware of prior reimbursement for corrective action costs under the Agricultural
40 Chemical Cleanup Program? (Wis. Stats. 594.73).
41 (18) Are you aware of any other conditions or occurrences which would significantly increase the
42 cost of development or reduce the value of the Property to a reasonable person with knowledge
34 development including, but not limited to. subsurface foundations, organic or nonaganic
yes
yes
Yes
unsure
unsure
unsure
unsure
unsure
unsure
unsure
unsure
unsure
unsure
unsure
unsure
unsure
unsure
unsure
unsure
unsure
unsure
43 of the nature and scope of the condition or occurrence?
NATIONS OF 'YES' OR "UN 5) '3rd LJI.,%~K -
47
Date A
53 those disclosed by this report or of information inconsistent with this report.
54 Realty Center Inc.
55 Broker A Date A
56 I acknowledge receipt of a copy of this report.
67 (X) 58 Buyeh Signature A
(X) Buyefs Signature A
Realty Cenler Inc S103W19123 Kclsey Dr, Mushcgo WI 5315&9563
Phonc:(262)971-1200 Fax: (262) 9716200 Debby Schcll T64757252FX
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59 Wlsconsin Administrative Code §RL24,07(l)(a) requires listing brokers to insped the properly and to "make inquiries of the seller
60 on the condition of the structure, mechanical systems and other relevant aspects of the propelty.The licensee shall request that the
61 seller provide a written response to the licensee's inquiry" WS. Adm. Code gRL24.07(2) requires listing brokers to disclose all
2 material adverse facts discovered in Broker's inspection or disclosed by Owner, in writing, in a timely manner, to all parties. This
64 Owner's knowledge of the property's condition. It is not a warranty of any kind by the Owner or any agent of the Owner, nor is
65 it a substitute for any inspections buyerltenant may wish to obtain. Buyer may, however, rely upon this information in deciding
66 whether or not or upon what terms lo purchase the property. In this form "am aware' means to have notice or knowledge.
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real estate condition report is designed to fulfill these duties under the license law. Ownefs statements are a representation Of
Copyright 2000 by Wsmnsin REALTORSBAwoabc-n
Drafl~d by: Attomq Richard J. Staff
NO representatan is made as to the legal vahdily of any pmvisim or me adequacy ot amy pmviym in any spedhc hansac(lon.
This repm lorn does not satlsly Msmnsin Statute Chapter 709 Whch generally apples to hansfers of real estate containing 14 dwelling unik
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