CCR2002116AMENDED
COMMON COUNCIL -CITY OF MUSKEG0
RESOLUTION #I 16-2002
OFFER TO PURCHASE - EWALD-ENGEL
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 Ewald-Engel property
for conservation purposes in the amount of $437,000.
BE IT FURTHER RESOLVED That the Mayor is authorized to make necessary
technical changes, if needed, including but not limited to attaching an approved
property condition report and filling in acceptance and closing dates, 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 andlor closing dates, if necessary.
DATED THIS 14TH DAY OF MAY , 2002 0
SPONSORED BY:
Mark A. Slocomb, Mayor
This is to certify that this is a true and accurate copy of Resolution #I 16-2002 which
was adopted by the Common Council of the City of Muskego. Y C k-Treasurer
City Attorney will bring Offer to meeting.
COMMON COUNCIL -CITY OF MUSKEG0
RESOLUTION #116-2002
OFFER TO PURCHASE - EWALD-ENGEL
/' 1 BE IT RESOLVED That the Common Council of the/Fity of Muskego does hereby
authorize the execution of the attached Offer to Puichase,for the Ewald-Engel property
for conservation purposes.
BE IT FURTHER RESOLVED That the
technical changes, if needed, in
execution of the Offer and closing documents.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
to make necessary
to facilitate timely
/ \
sign the Offer to Purchase,
and to extend the acceptance
in the name of the City
if necessary.
' 0 DAJEDTHlS DAY OF ,2002.
\., , ,
SPONSORED BY:
Mark A. Slocornb, Mayor
This is to certify that this is a true and accurate copy of Resolution #116-2002 which
was adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
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Approved by the W#sCon51n Oepanmenlo1 Regulallon and Licensing
7-1.99 (Opt8onal Use Oatel
1.1.00 (Mandaloq Use Dale)
Wisconsin Legal Blank Co.. inc.
Milwaukee. WIS.
LWB-12 FARM OFFER TO PURCHASE I Page 1 of 6
*
5
i I PURCHASE PRICE:
e I EARNEST MONEY of S
g will be paid within n/a days of acceptance.
io a THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent at closing unless otherwise provided below.
11 m ADDITIONAL ITEMS INCLUDED IN PURCHASE PRICE: Seller shall include in the purchase price and transfer, free and clear of
:i encumbrances, all fixtures. as defined at lines 223.235 and as may be on the Property on the date of this Offer, unless excluded at lines
:I 16- 17,and thefollowing additional items: none
IlNSERT OR ATTACH PROPERTY DESCRlPTlONlon the following terms:
Dollars($ 1.
n/a accompanies this Offer and earnest money of S n/a
:6 I ITEMSNOT INCLUDED IN THE PURCHASE PRICE: none
ia I ZONING: Seller represents thatthe property iszoned
191 ACCEPTANCE I Acceptance occurs when all Buyers and Sellers have signed an identical copy of the Offer, including signatures on
20 separale but identical copies of the Offer, CAUTION: Deadlines in the Offer are commonly calculated from acceptance. Consider
1: whether short term deadlines running from acceptance provide adequate time foruh binding acceptance andperformance.
12 [ BINDING ACCEPTANCE ]This Offer is binding upon both Parties only if a copy of the accepted Otfer is delivered to Buyer on or before
21 CAUTION: This Offer may be withdrawn prior to delivery of the accepfed Offer.
2d 1 DELIVERY OF DOCUMENTS AND WRITTEN NOTICES 1 Unless otherwise stated in this Offer, delivery ofdocuments and written notices
15 :ci a %?I shall be effective only when xcomplished by one of the xelhods specified at lines 26 - 35.
16 (1) By depositing the document or written notice postage or fees prepaid in the U.S. Mail or fees prepaid or charged lo an account wilh
i a commercial delivery service. addressed either lo the Party or to the Party's recipient for delivery designated at lines 29 or 31 (if any),
z? Seller'srecipientfordelivery(optiona1): Cheryl A. Mueller, as Personal Representative
10 Seller's delivery address:
31 Buyer's recipient fordelivery(optiona1): Mayor M ark A. Slocom b
12Buyer'sdeliveryaddress:Citv of M-0. - D.0 . . Box 749. M uskeao, WI 53150-0749
11 (2) By giving Ule document or wntten nutice pemnally to !he Party or the Party's recipient for delivev if an individual IS designated at lines 29 or 31.
16 (3) By fax transmission of the document or written notice to the following telephone number.
xBuyer:( 262 ) 679-5630 Seller ( )
36 LEASED PROPERTY ] If Property is currently leased and lease(s) extend beyond closing, Seller shall assign Seller's rights under said
3i lease(s) and transfer all security deposits and prepaid rents thereunder to Buyer at closing. The terms of the (written) (oral)pR-1
18 lease(s),ifany,are
191 RENTAL WEATHERIZATION I This transaction (is) @sm!xl) exempt from State of Wisconsin Rental Weatherization
40 Standards (Wisconsin Administrative Code, Comm 67). If not exempt. (Buyer) (Seller) [-I will be responsible for compliance.
41 including all costs. If Seller is responsible for compliance, Seller shall provide a Cerliflcate 3f Compliance 31 closing.
r2 1 PLACE OF CLOSING 1 This transaction is to be closed at
41 no later than unless another date or place is agreed to in writing.
u I CLOSING PRORATIONS 1 The following items shall be prorated at closing: real estate taxes, rents, water and sewer use charges.
45 garbage pick-up and other private and municipal charges. property owner's association assessments, fuel, payments under governmental
PS agricultural programs and none Any income, taxes or expenses shall accrue
~7 to Seller and be prorated, through the day prior to closing. Net general real estate taxes shall be prorated based on (the net general
qa real esiate taxes for the current year, if known, orhewise on the net general real estate taxes forthe preceding year) (
4g
JO ).[STRIKE AN D COMPLETE AS APPLICABLE] CAUTION: IfPropertyhas notbeen fullyassessed fortaxpurposes
st (e.g. recent land division or completed/pending reassessment) or if proration on the basis of net general real estate taxes is
52 not acceptable (for example, changing mill rate, lottery credits). insert estimated annual fax or other formula for proration.
m PROPERTY CONDITION REPRESE!NTATIONS: 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 other than those identified in Seller's Real Estate Condition Report dated
56 , which was received by Buyer prior lo Buyer signing this Offer and which is made a part of this Offer by reference
57 1-
a for delivery to the Party's delivery address at lines 30 or 32.
No leases affect the property in question.
, ' Muskeqo City Hall
_I
3 I PROPERTY CONDITION PROVISIONS
58 1 iNSERT CONDITIONS NOT ALREADY INCLUDED IN THE CONDITION REPORTI.
4 .. ..~
ie m A '"condition affecting the Property or transaction" is defined as follows:
60 (a) planned or commenced public improvements which may result in special assessments or otherwise materially affect the Propem
[page 2 of 6. WB-121
.. or the present use of the Property:
completed or pending reassessment of the Property for property tax purposes:
government agency or court order requiring repair. alteration or correction of any existing condition:
construction or remodeling on Property for which required state or local permits had not been obtained;
any land division involving the subject Property, lor which required state or local approvals had not been obtained;
violation of applicable state or local smoke detector laws: NOTE: Sfate law requires operating smoke defecfors on all levels of
all residential properties.
any portion of the Property being in a 100 year floodplain, a wetland or a shoreland zoning area under local, state or federal laws:
that a structure on !he Property is designated as a historic building or lhal any ?art of Property is in a historic district:
mechanical systems inadequate for the present use of the Property:
insect or animal infestation of :he dwellings located on the Property;
conditions ccnstituting a significant health or safety hazard for occupants of Property: NOTE: Specific federal lead paint
disclosure reouirements must be comolied with in the sale of mosr residential orooerties builf before 1978.
e
struc!ural Inadequacies which if not repaired will significantly shorten the expected normal life of the Property:
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: nj -noeqrxna 7r muwcqoLna storage tans cn the Propeny ior storage 01 I3rnm3cie or cmoA 0.e ia~~i:~ nc A nc sc! m:eo
.: fc oaso ne anc ra3t na CII rrnicn are curentii or'mici 'here xev.oJs I .ccjiefl 3n :he 1roDenv. NOTE: Wis. Adm. Code. Chaoter ,, Cimm 10 contains regisfrafion and operalion rules for ;uch underground and aboveground storage ranks.
material violations of environmental laws or other laws or agreements regulating the use of the Property:
ni5h voltage electric (100 KV or greater) or steel natural gas iransrnission lines located on but not directly sewing Ihe Property;
boundarj disputes or material violation of fence laws (Wis. Stats. Chapter GO) which require the erection and maintenance of
legal fences between adjoining properties where one or both of the properties is used and occupied for farming or grazing
purposes: See lines 131 -133.
any portion of the Property being subject to. or in violation of, a Farmland Preservation Agreement under a County Farmland
Preserdation Plan or being enrolled in, or in violalion 01. a Forest Crop, Woodland Tax. Managed Forest. Conserialion Reserve or
comparable program;
sites on the Properly where chemicals, pesticides. herbicides. petroleum products or other toxic or hazardous materials were
disposed of in violation of manufacturer's or government guidelines or other laws regulating disposal of these materials:
wells on :he Property required to be abandoned (Wis. Adm. Code 5 NR 112.26) but,which have no1 been abanaoned according to
state regulations;
cisterns or septic tanks on the Property which are currently not servicing 'the Property:
substantial damages to crops from weather or other causes. or substantial injunes or illness in livestock. il sold ,with the Property:
?ricr reimbur:emen\ for 2orrec:wL: ac:ion costs under the Agricultural Chemical Cleanup Program: ( Wis. Stats. 5 9J.i3.)
other 'ccndlriens or occurrences which would significantly reduce the value 01 the Property to a reasonable person :vi!h inowiedge
oi Ihe nature and scooe of the condition or occurrence. , s ??A- E.?TIrEC?b.D T OhREPORT. '~scorsnliih~ei]u.r~~:,wnerscfprcpcrt~, Nnm nixdes I-Jclrreltng ~i:~s:oi:rur:cn... . A 'T 3 ?cd 5 ;:n:c Jon,: I on RenOIl EAcL.:ed !rom Inis recc rcmrnt 3rc sil es of pr3Cert). lhat has never OCCn 1p.n3n led. saics eye
:' I'm 'me re'? .:stdie 'rjnstcr lee and 5;i.e~ oy certan cot.n-apoo ,lied I.uLumes (lor e~.3rnplc: yrsona rcpresentat!ves &'Po nnie ve
I-? ')&re'
:i ;I :rc ;rctier:y srii i-rn sn 101 Jier !nan 1U nays after 3crzuti,n~c of :ne contr;lct cf sale to me prospectirc r-\er ui :I<? ;~ut?~v . 3 mm;) &a mc. ,f me rrpor A prosccc! we o-rer nr.) iioes in1 rece rrc a reLon Nllnon ire 10 aajs may rri1r.n 2 o..~ ress :a\ s
5) :c beiir.9 a :vr iten ?oIice 01 iesc:ss cn :o tnz ohnrr ':r tne c.%ncf 5
: ?sti'i 2:.,er rq 7 sc ribc crna n rescss on vpts fa Rea. 5 state Corcwm heoon aisc 0s ng uc1ec:s s f,rn sneu xwre c*o,r;ltlon
' rf 'n? li) r:,s cut Jiter :re OI'er s submil!eo to 3e; er 0.yer snoL fl reblew :ne report iorm or cons. t usn an ancrnr) 'or xix crii . ,"CI:, .:n w;a? -s :re?? rejc ssmn r'glts '.' =POFE;'T'/ : '.IE\S OhS 2AD SIJRVE'fS 6..)cr acdnow coges that ary aim 3~ fling or room cmenscns 3r :cia1 ire~>e cr
.j clJ%rs sqLarc Icotase t sure5 cr a location 01 acrear;e Jroviuea 10 ZL-ycr 3y Se Icr or 5, a DroRer. may ~e approximate uecxse Ji
'-1 ro-nc ng or utrer reasons unless verilieil oy sme, or ctner r.eans BL,H alss acmorr eoges that tnere are var o-s form 35 -see to
_c .aIcu ate to!^ ;rj~3:e 'ooiaqe 01 3-1 aings and :nat total square !oolase fqures N II vapl oepenoeni Lpon the formLla sec CAUTION:
'.? Buyer should verify fotal square footage formula. fofal square foofage/acreage figures. land. building or room dimensions, or
I" NSPECT 0h.S Se ler agrees to a1 ow hyer s nspectors 'easonaoie access to the ProDerCy Lpon reasonao e not ce fire nspect cns
': arc %wiaz., necessarj to satisry the con1 nqenc es n tnls Oner B~yer acrees to prornvtiy proilaa cop.cs of a,, sLcn ns?ac: on reDons
': to S? er ana to ,st ng 3roner t Property is isted. F-rtkrmore. 0,yer asrees to ?rcnpt j restore me P.o?ery :o IS or gin 3 conc.: on ". a?cr?_jers r~?c~t.~Csarec3mp,elea,-ressot~erhlsR 3~reoa N tnSe-or An 'rs:ec: on' ~rJef.nena~anoos~m~ton~I:~eP:ccert~
'ii .vr c1 cces 101 nc "ne tes: ng 01 the Prooeny. otncr 'nm !est ng lor lean.ng caroon rronoAide. or test ng 'or :ea< ng I-? qas cr nalo-ra
"- I -:ST b.C. E.ce:t 3s otherwise prov aeo Sellecs adnor 231 on for nspections ooes not aL:nor.ze Bbjer !o conoLcttest4ng of tne Propeq
''?A :es:' s oewen as :ne tar ng 01 samp.es of mater:als s-cr as sc s water J r or 3-1 o ng water a15 from tne Propeq an0 'he Iaboratq
I ^. c'o'rer aralls s )i :mse mater a s If BLycr req re5 te5t ng tes: ng ccntingenc.es mm 38 spec.fca ly ?ro. aco for at nes 180 . 13 3.3 '2 -
I:? 173 )r n an accenc-m FV re 377 Note Any coni.nCencl a-tnor rlng sdcn tests snoLIo spec h/ me ateas 01 1r.e propeq to oe :estec 'ne
I:' rLrcosa of ire tcst (e g . 10 determ ne .f en\ ronmenta. -3ntarr.nat on s preseni). my I r tat ons on Buyecs :estinq mi acy otcer mater a
ems of [he zonmgenc, [e g BJ)IP<S ooiigaticn 10 return 'he ?ro>erry to ts onqna. cnnait On) Seller acmohlecqes mat :ena n ns;ect cns
'I: cr :ests ma, .:clec: enitrcrmenlai po.Lbon rrh cn m.ay oe rcGLire3 to be repOrleO to me vVlscnnsln Department 01 LztLra Xeso-rces
':! ?EV E\'I CF ECCGDS CA-TiON 11 s-meys so, analysis ac:eagecalcLlat ons.Sobernmentprogramccntracts.opcrw n(; recvcs
I: nc ~.ny pr'or -se :f ?esl clues or hero.cioes) elc. are rnateria to B~,er's aec ston to pucnase. B~yer snoL d conSICcr nsec ng J
2 spa nabe me '.qv :o nspec: the Propeny :o 0etcrm.p.e tnat mere pas Deen no sqn llcmlcnange n tne c3nct1 on of me Pvvcn, ew e I:: con1 nr;enc, lor rer e~ of these recoros See nes 180 . 183 373 - 375 or use an aaaendm per me 377
: 'CE-CL0S.F.S \S?EC- CN. At a reasonao e ! mc, prC-a>or>befl Q). Seller cr Sal cr s agent. rr 1n.n 3 uays oefore c os.ng. a,
fcr orc nap/ ncar ar: tear ana cnanyes approveo 3) EL) er an0 :rut any ccfects St? ler nas c.ecteo to cue nave oeen ieoalreo n 3 ;coil
I:' arc .vormaC Ke manner
'?I -1 v?!sccnsin StatLtes sect on 90 03 reqLires me o&nors of ao,oin ng proper't?~ to deep and na ntain eqai !enc?s n ec-a.
": snares .&nerd OCR or ootn of :he popeflies Is JSCO and ucc:pea fir larm ng or r;razing pJrvoses CAUTION: Consider an agreemen1
'1- addressing responsibiliry for fences if Properly or adjoining land is used and occupied for farming or grazing purposes.
?m ..
-c ?c :nc? Frcper/, lie form of the XWOR :s Io..rc n 'A s S!at 709 03 The a69 ?ro\lces 709 12 D sc csur'?
Jncr 'hi: rne 31 '"at 'C' cay per ca rcsc:na thc xntrx: of 8a.e
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J acreage allocation, if material. Buyer should consider the need for a survey lo veriw land dimensions and allocafions.
,gas sec as 3 i.e su-rce Nnch are naret, aLtnor zec
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W~SCO~OY~ LBW eim co., mc
~MPROPER~ADDRESS: See attached legal description [page3of6. WB-121
11s THE PARAGRAPHS AT LINES i37.1-~,149 a 155 ARE A PART OF THIS OFFER IF THE BOXES PRECEDING THOSE PARAGRAPHS
116
117 aWELL WATER CONTINGENCY. This Offer is contingent upon (Buyer obtaining)(Seller providing]-[ no later than
days after acceptance. a current report from a state-approved or other qualified lab which indicates that the well(s) are supplying water
119 which is bacteriologically safe (of the Coliform group) tor all human consumption and that the concentrations of
(Note: If desired. insert other substances which may affect the safety of drinking water such as: nitrates: arsenic;
:dl inorganicor organic substances: pesticides: hedicides: radionuclides: metals, etc.) in the well water are less than the maximum health-related
112level established by federal or state laws regulating public water systems. The party responsible for obtaining the report@) shall be
id3 responsible for all costs. All water samples used for testing shall be taken by a licensed plumber or other independent. qualified person.
IM mWELLSYSTEM lNSPECTlONC0NnNGENCY:This Offer is contingent upon (Buyerobtaining)(Sellerproviding)Lmno later
id5 than -days after acceplance. a current report from a licensed well driller. a licensed pump installer, or a master plumber competent
:46 to inspect well systems. which indicates that the well(s) and pressure system(s) conform to (the code in effect at the time they were
iii instailed) (current codej- and are not disapproved for current use. The parry responsible for obtaining the report(s) shall be
in8 responsible for all costs.
119 mPRIVATE SANITARY SYSTEM INSPECTION CONTINGENCY This Offer is contingent upon (Buyer obtaining)(Seller providing)
150-1 no later than -days after acceptance. a current report from a county sanitarian. licensed master plumber, licensed
151 master plumber-restricted sewer. licensed plumber designer, licensed engineer, licensed plumbing inspector II or a certified soils tester.
152 which indicates that the private sanitary system is not disapproved for current use. The private sanitary system is to be pumped at time
;51 of inspection at Seller's expenselSTRlKE IF NOT 4PPLICABLE 1. The paq responsible for obtaining the report(s) shall be responsible for
::A all costs. other than pumping.
155 mINSPECTION I EVALUATION CONTINGENCY. This Offer is contingent upon qualified independent experts conducting inspection(s)
116 orevaluation(s)oftheProperty.and
;57 which discloses no defects as defined at lines 162 - 167. These inspections or
158 evaluations may include. but are not limited to. lhe structure and mechanical systems of all improvements, all operating equipment for both
159 business and personal use (if included In purchase price), the quality and quantity of water produced by wells sewing the property and any
160 environmental conditions on or affecting lhe Property Buyer shall oraer the inspectionls) and evaluation(s) and be responsible for all costs,
16; inc!uding any inspections or evalua!ions as recuired by lender or as a follow-up to prior inspections and evaluations. Note: This contingency
,&;only authorizes inspections. not testing. see lines 111 to 125. A defect is defined as a struc:ural. mechanical or other condition or
61 determination that would have a significant adverse erfect on the value of he Property including the operating equipment being purchased as
4 partofthe Property: pose a significant threat to lhe health or safetyofpersonsoccupyingorworking on the Property: signi~cantlyshortenorhave
165a significant adverse effec! on lhe normal life of lhe Property or a component of it if not repaired. removed or replaced; or evidence of
166 contamination from the use. storage or disposal of hazardous or toxic substances on he Propew. Defects do not include structural. mechanical
167 or other conditions the nature and extent of which Buyer had actual knowledge or wnnen notice before signing this Offer.
168 m CONTINGENCY SATISFACTION I RIGHT TO CURE: Each contingency selected above (well water. well system, private sanitary
169 system or inspectionlevaluation) shall be deemed satisfied unless Buyer, within five days of the earlier of: 1) Buyer's receipt of the
:io applicable water, well. sanitary system or inspectionlevaluation reports(s) or 2) the deadline for delivery of said report(s). delivers to
iii Seller, and listing broker if Property is listed. a copy of the report(s) and a written notice stating why the report(s) do(es) not satisfy the
172 standard set forth in the contingencsy(ies) selected. Seller (shall) (shall not)[- have the right to cure. (Seller shall have a right
171 !o cure if no choice IS indicated.) If Seller has the right to cure, Seller may satisfy this contingency by (1) delivering a written notice of
1i4 Seller's election lo cure within 10 days of receipt of Buyer's notice; (2) and by curing the defects in a good and workmanlike mannerwhich
115 satisfies the standard set forth in the above-selected contingency and by giving Buyer a report of the work done prior to closing. This
ii6 Offer shall be null and void if Buyer makes timely delivev of the above notice and report and (1) Seller does not have the right to cure;
in or (2) Seller has a right tlrcure but: a) Seller delivers notice that Seller will not cure or b) Seller does not timely deliver the notice of
178 election to cure. A private sanitary system defect may be cured only by repairing the current private sanitary system or by replacing the
iio current private sanitary system with the same type of system which meets the standard staled above, unless otherwise agreed to in writing.
ARE MARKED SUCH AS WITH AN "x"~ THEY ARE NOT PART OF THIS OFFER IF MARKED NIA OR ARE NOT MARKED.
6
140
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qo rn &t*,-hOr) ah- .".
183
184 I TITLE EVIDENCE
is5 m CONVEYANCE OF TITLE. Upon payment of the purchase price. Seller shall convey the Property by warranty deed (or other
186 conveyance as provided herein) free and clear of all liens and encumbrances, except: municipal and zoning ordinances and
187 agreements entered under them. recorded easements for the distribution of utility and municipal selvices. recorded building and use
188 restrictions and covenants. general taxes levied in the year of closing xxk
o (provided none of the foregoing prohibil present use of the Property). which constitutes merchantable title for purposes of this tranSaCliOn.
192 WARNING: Municipal and zoning ordinances. recorded building and use restrictions. covenants and easements may prohibit
143 certain improvements or uses and therefore should be reviewed, particularly if Buyer contemplates making improvements to
194 Property or a use other than the current use. If Buyer is considering development of the Propem, Buyer should consider
195 restrictions on development if Property is zoned agricultural. Buyer should consider the need for feasibility studies. estimates for
1% utility and infrastructure installations and zoning variances. which may be required before certain future development may be
197 possible. Contingencies may be added to this Offer to address these development requirements, if applicable.
-1 Seller further agrees to complete and execute the documents necessary to record the conveyance.
.~7
[page 4 of 6. WE-121
of title to the Property in the form of:m
2co ',,P (an ownets policy of :ille insurance in !he amount of :he purchase pnce on a current ALTA form issued by
201 3n insurer licensed io write !itle insurance In Wiscnnsir/~(jNEl. (Title insurance shall be provided if nerher optlon is struck.)
:c? G%idv 311 msls 5i providinq iitle evidence. Far pur?oses oi closing. title avidencz shall be acceptable if the abstrac @ :o: I CCYWCI~PI TF i.iExE,wT?eLE TITLE.
201 cornrniiment rcr :he rquirea !itle insurance is dellrered :o Euyer's artorne:, or 3uver not less Khan 3 business days before closing. showing
;is title '0 :be ,?:asem{ as iii d aare no more :han I5 aays beicre oeliveri 'oi sbch title ?vicence to Se meichantable. subject only lo liens
?ca ,N~XC? .vii! :e 'a: ou! .:f ':,e crccseds ofc!os:nc: an< ziarxard 3bs:rnc: i?r.ifica!e limi:a:ions ir 5:ardard :ilk? :nsurance requirements and
207 exce::icrs. ,s .sscrcFriaie CAUTION: BUYER SEOUL3 CCNSIDE.? LIFDA TiNG TXE EiFc'CT;'/EOA TEOFTHEABSTRACTCR TITLE
ZC3 CCh?MI:YENT .?E:CF? 73 CL0S;NG OR A. "SA? E.VDCRSEMENT" 'WU1C.Y WOULD INSURE OVER LIENS FILED BEWEEN THE .." E,=,==."-;' __ ii E OAT CF THE COMMILVENT AND TM SATE TiE CEZ3 IS RECSRDED.
210 n TiiLE >C:E?:,>?LE "y.2 2:OS;FIG:
:I) !f :ilk IS .xi ;cctr:acie for clcsinq. Zuyer sirail mirl Sailer In .VG:IGG ci cblections !o aile Cy :t.e :;me set icr :!csirg. In suc? event. Seller shall
2;: nave d ;e3sonaoie iime. 3ur XI exceeding 15 cays. !o :emye *e ocIac3ons. and !he me ior closing snail te exienced as necessary for this
i:j sc;cc.se. :n ':e 3'iori :tct Seiler is uracie :o iar.cvs sad -;bjec:icr,s. %ye' s%il nave 5 Says frsm rece:pl ci ilclice s'lermf. to deliver written
i:> ;,cut. ;>- I .I~ec:~ccs. >.. zrc me iiiiie :cr .::csinq %ail ie 5xtencec acc;;cingi./. !f 3cyer cces mt7;aive ;he sljec:icns. :his OIfer shall be
:ii Tcil ::c :c,r:. =.c\;icir? '.iw wcerc? xcicracle icr c:cs;r5 cces XI ?:(:irguis.a Selle<s siiigaticns ic ,;ibe mErinantaok title :o 3per
:;;' dpC.;:2L 135Ej;$>,,Ey-?
::: Sc'2c:zi ;sz=%,~e?,!s :i m:i :cr'.vcrX ?c%aIl:y cxnrsncet cr !eGed zrior :c lare oi :his Cfer shall ie xic 2y Seller no later than closing.
2:8 ill :!her ic4:::;I <s.sessmen!s 3ail ;e paio 5v Zuver, CAUTiCN: Cznsjdrra xecial sgreernentif area assessnens, propew owner's
214 assoc:arron ds8szmen:z cr ofher 2z;enses ars cmternpla;ed. 'C:her zsensas" are one-line charges icr cnsoing use !ees for public
'20 mxvw:R::!S 'Cihnr:r.ac :kse czsuitiq in scrc:ai assessznrs! -%!atir,q!c 3or3. .;c!!er, sirec!. sicswiik. ~ar;~iar~ands:crmwaterand storm
**including gap coverage
1.
22: 5e'wr'irc!cCinq ;:I 5ZWCr.7iJi7.S ard hook-up 2nC InIerCEcicr xsraes). :ZMS. s;rae! lighting 2nd iirEei ires and impactfeesfcrother public
... .._ $<;;.::(:;(<) ! 2 I,
.-< .._
:?J te?: of ;roper?! ,wnich is cn;isicaii:i atacnea to or so C:OSEIY associated ,Nilh lard and improvements as to
i?T be :rested as ?an ai !he r?al %:ate, includinq. .~i:hout !imlation. ahvsicailv attached Items not easibj :emovabie 'Nithout damaQe to the .. -
:;5 ?remlsas, ':ems soec:lii:a!l:/ zdsctec lo the ixemses. ar.6 i:erx c:$:cnarilt! iieated as !ix:ures. including. but not !imitec to. all: perennial
227 c:cps: trees: snruts: :e:enrial ;lais: bulbs: sc:c?en and stcrm doors ara ,.virdows: elec!ric liptino :ix:ures: vindow shades: curtain and
228 rraverse ~CS: 2iiics mc .;hx!t.rs: centrzi heatins and csciing mils and atacne" xulpme wa:er healers and softeners: sump pumps:
2i3 aitacnai .Jr iiiteu illjur c0verirr;s: awnirGs: aZcnec ir,rel;nas: sjrellite disnes arc ccmconent pans: caras2 door openers and remote
lei: securir.! sysierns: %:?nrral vacuum sysiems ;ir, aceesscr~.es: In-.pxnd and atove ground c:op irrigation sysiems and
8:~: 2ciit-,r apziiarcis: sc-iling ians. fences and gates: 3uilcin~s ,m permanent focnca!icns: Icckslpiers on perma
.n;iiatis~ ?ax barn zieaners: silc uc:oaders: auperj: feecinq xiciprnent: Sulk czolers: pipeline milking sysiems: vac m
i21 iines. 'vac2~7 Sum~s ailc artacher: moiors; and above~rcund and 2ncergr~und fLel :ank;. NOTE. The terns oi the Offer will determine
i24 what Frc?e) is inc!udedlsxc!udec. %dd:?ss ier:ed iix:cres (2.g. ,.va:er soitenersl, ifan:,. CAUT;ON:ANNCAL CROPSARE NOTPART
22: OF Ti': PL:?CVASi PPICE UNLSSS OT.UE.?'NISE AGREED AT L!NES 12 . 75.
2!6r OCClJO l\IC" ] ?cc!xanc;, ai rhe entire irccep! snal :e Given t3 Ec.:er 21 :ice $ cicsing unless other&ise provided in this Offer at lines
231 160 - 133. 3;; - 273 ijr In 3n adieildum cer line 3ii Occucacj shall be ijiven subjec: :o tenant's rights. if any. Should Seller or Sellets
228 :enant cc..-py :b.e crooaq aiter c!osing or retain ownershi? of cro~s (see lines i 3 - ; 5). c3nsider a si;ecial a~reement regarding occupancy
mescrow, insurznc?. mlities. maintenanca. resconsibiliv for ard richis to unhariesred ciccs. farm ooeratiocs and Government Droqrams. etc. - - . ..
~ao CAUTiCN: C;r.sid?r ?n ~greenenI.nr?ich sclresses resmn.5.c.iiit'i :cr ciear:r.g rhe i:coem,~ciGersonal 9rcGerty and debris. if applicable.
24; i PFCPfIT'! ,2.1:rl>GE 3ETWFEN .\CCE?TA*CE .AND CLOSIFIG 1
:A: Seller jr,zl: iainicin ;he Proit?! unul the earlier ii ,:!orins or ccccpanc; oi 3c;ter In careriaily ;he Same condition as GI the date Of
&I acc.istarce ci <:IS W?r ?xce:t fcr ordizari 'Near and :ear If. ;ricr io ,c!osina. :he ?rocer?j is camaced in an amount of not more than - ., -
2.u five oer ::Y! ;E%! ,ci :he selling ?Tic.?. Seller Cali be ctlicated tc !:pair We ,=rcper.:i and res:cre it :o :he same conditicn (ha: it was on
IS ,?ffer if !he c?rise sr,sil .)xcee(! such sum. S?!ier shall ercmcil/ noi~b) 5uy in ,.vri:iq cf :he camase and this Offer may
146 be :2rc:!oc 31 5~rior ci Siiier 5iicu:d 3y?r c: to caw; ;GI !his ijrir dospite .;cc5 ,:ama$e. 2uyer mall ce i'ctitled io the insurance
2.17 proceecs :eisrirq io the darnaoe io !he Froce plus a c:eoil iowards tht Jcrcnase pr:ce E~u~I :o !he amount cf Se!:er's deductible on
SUC:: piiicy. However. :i !his S~IB IS iinancac a ianl! icr?:raci dr a r.cr!gace to Seiler, the insuranca proceeds shall he held in IrUSt
?rg ic)r :he :PIE curcoco ni :es:crinq lP,e .?iap~p
2:; IJr,iess .:::+r,vis? s:a!ec 'r, '?is
2501 C,ELI'.;-I,=',~'-rEIPi
2r 3;,! si5nec coi:>cer,: !r?~sm~tzc 2;) :acsimiie ,T,.ac:ire (fa:(! snail te :reatec in all canner and s 2s 3n .:ri5isai 'ICCLT~C: and !be sicrzturs c: zc'i ?a,;,! uccn a dcc;,xen: ::ansmitec 3', fa.: sCa!l oe considered an original
re =nrscn21 ce!ivnr: lo. '7: ?c!m rxelcr -.y, ?n'/ ?are$ 9,ver-r Seiiercsnstitores ;erscr.al <e!rer, ic. cr ac:ual receipt by Buyer
iSd cr Seller 5~ce ;?czi.:oc. ? iciii:e iar.r,c! 5e slii,ciawn ?,!I :,x ??fi!/ ?siiv?r:'$ :he cciice xi:hoct the cxsent ~fihe Faq receiving :he
i55 notice. A Party may nci unilateraily ieinsate 3 coniincenc,{ zikr 3 xiice of a ccnringency'.vaiver has keer; reciived by the other Party.
256 The deliver/lrecaipr provisions in :his Offer may be modified when appro?riate. e.g. when mail deiivery is not desirable (see
es 26 . ;2). 2qir 3r.o Cdiler sutbonze [he a5om .:i :eyer ~PC Seller :o ,;isx:cte ~pes si 'he Sner 'c 5u?~<s iencer. appraisers. !itle
. urzrce :fxa:~i?s 2r.c am ,;!:.+r sttlimeri s1r.iCd 3rovicers .:cr !he %?rsicI;cn .3s CeBnec 5~ ;he Eeal E;;ate Senlement Procedures Act
~~
23 a SCeClfiC .lumber of "'5uslnes;days" e&de Sa:ur!!ays.' Surcays. aFy legaiputlic kolica; underlNisconsin cr Fsderal !aw'. and olher
:G <3Y <ss:i;ndted by the ?reslden! such ihai !he ?os:al seriicz jess rot re~ive regis;er?6 :?ail cr make ragular deliveries on that day.
263 Ceaclines expressed as a specific number of "?.ours" from h cccurrer.ce of an even!. smh as recelcr of a notice, are calculated from
266 the em: :in? 'of :he d'ient. aPd b!, scun;ir.g 2-1 ncirrs ?er ca!endar cay. fieadlines expressed as a speck day of the calendar year or
37 as !he iij >f a saeciiic ever.:. slicn as c:osing. expire ar mlcn:ghi Cf rhai oa.!.
1. r
Wisconsin Lsoai Blank Cn Inc
258
269
271 darnaaes or other leqal remedies
If Biyer defaults, seller may: a (1) sue for specific performance and request the earnest money as partial payment of the purchase price: or -
274 (2) terminate the Offer and have the option to: (a) request the earnest money as liquidated damages; or (b) direct Broker to
275
216 If Seller defaults, Buyer may:
217 (1) sue for specific performance: or
278 (2) terminate the Offer and request the relurn of the earnest money, sue for actual damages, or both.
zi9 in addition, the Parties may seek any other remedies available in law or equity
280 The Parties understand that the availability of any judicial remedy will depend upon the circumstances of the situation and the
281 discretion of the courts. If either Party defaults. the Parties may renegotiate the Offer or seek nonjudicial dispute resolution instead
282 of the remedies outlined above. By agreeing to binding arbitration, the Parties may lose the right to litigate in a court of law those
281 disputes covered by the arbitration agreement. NOTE: IF ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE
284 CONTRACT BOTH PARTIES SHOULD READ THIS DOCUMENT CAREFULLY BROKERS MAY PROVIDE A GENERAL
285 EXPLANATION OFTHE PROVISIONS OF THE OFFER BUT ARE PROHIBITED BY LAW FROM GlVlNGADVlCE OR OPINIONS
286 CONCERNING YOUR LEGAL RIGHTS UNDER THIS OFFER OR HOW TITLE SHOULD BE TAKEN AT CLOSING. AN
287ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS NEEDED.
288[ EARNEST MONEY
289 a HELD BY: Unless!lherwise agreed, earnest money shall be paid to and held in the !mst account of the listing broker (buyet's agent
280 if Propew is not listed or seller if no broker is involved). untll applied to purchase pnce or otherwise disbursed as provided in the Offer.
291 CAUTION: Should persons other than a broker hold earnest money, an escrow agreement should be drafted by the Pam.es
292 or an attorney. If someone other than Buyer makes payment of earnest money, consider a special disbursement agreement
291 a DISBURSEMENT: If negotiations do not result in an accepted offer, the earnest money shail be promplly disbursed (after clearance
204 from payor's depository institution if earnest money is paid by check) to the person(s) who paid the earnest money. At closing. earnest
295 money shall be disbursed according to the closing statemenl. If this Gffer 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 to
??; curchase is not a written disbursement acreement pursuant to which the brcker may disburse). If said disbursement agreement has not
298 been delivered to broker within 60 days after the cae set for closirg. brcker #nay disturse the eamesr money: (1) as directed by an
2% attorney who has reviewed the transachn and does not represent Buyer or Seller: (2) into a court hearing a lawsuit involving the earnest
0 money and all Parties to this Offer: (3) as directed by court order: or (4) any other disbursement required or allowed by law. Broker may
I retain legal sewices to direct disbursement per (1) or to file an interpleader action per (2) and broker may deducl from the earnest money
202 any costs and reasonable attorneys fees, not to exceed $250, prior to disbursement.
103 a LEGAL RIGHTS/ACTlON: Brokets disbursement of earnest money does not determine the legal rights of the Parties in relation
204 to this Offer. Buyet's or Seller's legal right to earnest money cannot be determined by broker At least 30 days prior to
205 disbursemenl per (1) or (4) above. broker shall send Buyer and Seller notice of the disbursement by certified mail. If Buyer or
306 Seller disagree with broker's proposed disbursement. a lawsuit may be filed to obtain a court order regarding disbursement. Small
301 Claims Court has jurisdiction over all earnest money disputes arising out of the sale of residential property with 1-4 dwelling units
308 and certain other earnest money disputes. The Buyer and Seller should consider consulting attorneys regarding their legal rights
309 under this Offer in case of a dispute. Both Parties agree lo hold the broker harmless from any liability for good faith disbursement
310 of earnest money in accordance with this Offer or applicable Departmenl of Regulation and Licensing regulations concerning
111 earnest money. See Wis. Adm. Code Ch. RL 18. NOTE: WISCONSIN LICENSE LAW PROHIBITS A BROKER FROM GIVING
112ADVICE OR OPINIONS CONCERNING THE LEGAL RIGHTS OR OBLIGATIONS OF PARTIES TO A TRANSACTION OR THE
311 LEGAL EFFECT OF A SPECIFIC CONTRACT OR CONVEYANCE. AN AlTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE
return the earnest money and have the option to sue for actual damages.
s
?id IS REQtIIRFD. . . - .- - -. . . __ .
:'i [ ADDITIONAL FINANCING PROVISIONS 1
:'5 0 AhD COhTilACT f !r..s Oifer provices for a land contract mn Paflies agree to execLle a Slate Bar of Wiscons n Form 11 Land
:- Coniract. me terms of wn.cn are ncorporateo nio tnis Offer oy reference. Prior :o execution 3f !ne ano contract Sel er snaJ prov ce
118the same evidence of rnerchantahle.litle as required above and written proof. at or before execution. that the total underlying
119 indebtedness. if any, is not in excess of the proposed balance of the land contract. that the payments on the land contract are sufficient
320 to meet all of the obligations of Seller on the underlying indebtedness. and that all creditors whose consent is required have consented
121 to the land contract sale. Seller may terminate this Offer if creditor approval cannot be obtained. Seller may terminate this Offer if
122 Buyer does not provide a written credit reportwhich indicates that Buyer is creditworthy based upon reasonable underwriting standards
321 within 15 days of acceptance. Buyer shall pay all costs of obtaining creditor approval and the credit report. Seller shall be responsible
124 for preparation and the expense of preparation of all closing documentation. including the land contract.
121 FINANCING UNAVAILABILITY: If financing is no1 available on the terms stated in this Offer (and Buyer has not already delivered
126 an acceptable loan commitment for other financing to Seller), Buyershall promptly deliver written notice to Seller of same including
121 copies of lender(s)' rejection letter(s) or other evidence of unavailability Unless a specific loan Source is named in the financing
28 contingency, Seller shall then have 10 days to give Buyer written notice of Seller's decision to finance this transaction on the same
9 terms set forth in the financing contingency. and this Offer shall remain in full force and effect, with the time for closing extended
130 accordingly. If Seller's notice is not timely given, this Offer shall be null and void. Buyer authorizes Seller to obtain any credit
331 information reasonably appropriate to determine Buyer's credit worthiness for Seller financing.
332 SELLER TERMINATION RIGHTS: If Buyer does not make timely delivery of said commitment, Seller may terminate this Offer
133 if Seller delivers a written notice of termination to Buyer prior lo Seller's actual receipt of a copy of Buyet's written loan commitment.
334 NOTE: IF PURCHASE IS CONDITIONED ON BUYER OBTAINING FINANCING FOR OPERATIONS OR DEVELOPMENT
335 CONSIDER ADDING A CONTINGENCY FOR THAT PURPOSE.
6
... r -~
316 PROPERTY ADDRESS: See attached 1-1 description. [Page 6 of 6. WB-121
11iL TIME IS OF THE ESSENCE 1 TIME IS OF THE ESSENCE as to: (1) (2) binding acceptance: (3)
138 occupancy: (4) date of closing: (5) contingency deadlines I STRIKE AS APPLICABLE I and all other dates and deadlines in this Offer
318 except: none If "Time
341 Essence"does not apply to a date or deadline, then performance within a reasonable time of the date or deadline is allowed before a bre a, 340 is of the Essence" applies to a date or deadline, failure to perform by the exact date or deadline is a breach of contract. If 'Time is o
3.12 occurs. OPTIONAL FINANCING CONTINGENCY THE CONTINGENCY AT LINES 344 THROUGH 365 IS A PART OF THIS OFFER IF
2r1 MARKED, SUCH AS WITH AN "X," AT LINE 344. IT IS NOT PART OF THIS OFFER IF IT IS MARKED NIA OR LEFT BLANK
361 WFINANCING CONTINGENCY. This Offer is contingent upon Buyer being able to obtain: I CHECK APPLICPBLE FINANCING SELOW~
245
346 Oa [INSERT LOAN PROGRAM \(fixed) (adjustab1e)Vjrate
ldi first mortgage loan commitment as further described at lines 348 :o 361 and 325 to 335. within - days of acceptance of this Offer.
NThe financing selected shall be in an amount of not less than $ years,
349 amortized over not less than - years. If the purchase price under this Offer is modified. the financed amount. unless otherwise
350 provided, shall be adjusted to the same percentage of the purchase price as in this contingency and the monthly payments shall be
151 adjusted as necessary to maintain the term and amortization stated above.
352 IF FINANCING IS FIXED RATE the annual rate of interest shall not exceed and monthly payments of principal
353 and interest shall not exceed $
25.1 IF FINANCING IS ADJUSTABLE RATE the initial annual interest rate shall not exceed 5;. The initial interest rate shall
355 be fixed for o!o per year. The maximum
358 interest rate during the mortgage term shall not exceed %. Initial monthly payments of principal and interest shall not exceed
157 s Monthly payments of principal and interest may be adjusted to reflect interest changes.
358 MONTHLY PAYMENTS MAY ALSO INCLUDE 1112th of the estimated net annual real estate taxes. hazard insurance premiums. and private
:ismortgage insurance premiums. The mortgage may not include a prepayment premium. Buyer agrees to pay a loan fee in an amount not to
260 exceed
$1 costs.) Note: Unless otherwise agreed, Buyets delivery of any document labeled a loan cnmmitment .NIII satisfy this cnntlngency.
:6iIF FINANCING IS BY LAND CONTRACT $ shall be paid at c!osing (in addition to earnest money) interest rate following
!63paymentdefault shall be- % , the default period shall be - days for payments and- days for performance of any otherobligations.
166 Interest shall be calculated on a prepaid basis. Any amount may be prepaid on principal without penalty at any time. Buyer understands t
265 if the term of the land cnntlact is shorter than the amortization period a balloon payment will be due at be end of the term.
366 LOAN COMMITMENT. Buyer agrees to pay all customary financing costs (including c!osing fees), to apply for financing PrOmPtlY. a
261 to provide evidence of application promptly upon request by Seller. If Buyer qualifies for the financing described in this Offer or other
%a financing acceptable to Buyer, Buyer agrees to deliver to Seller a copy of the written loan commitment no later than the deadline for loan
269 commitment at line 347 Buyer's delivery of a copy of any written loan commitment (even if subject to conditions) shall satisfy
170 the Buyer's financing contingency unless accompanied by a notice of unacceptability. CAUTION: BUYER, BUYER'S LENDER
371 AND AGENTS OFBUYER OR SELLER SHOULD NOTDELIVER A LOAN COMMITMENT TO SELLER WITHOUTBUYER'S PRIOR
312 APPROVAL OR UNLESS ACCOMPANIED BY A NOTICE OF UNACCEPTAEILITL
311 I ADDITIONAL PROVISIONS/CONTINGENClES )
0 land contract financing from Seller at closing as further described at lines 348 to 365 and 316 to 324.
for a term of not less than
months. at which time the interest rate may be increased not more than
a!o of the loan. (Loan fee refers to discount points andlor loan ongination fee. but DOES NOT Include Buyeh other closing
4B
ui),-hpd mm.
3i5
115
3710 ADDENDA: Theattacbed documents %re madepartofthisOffer.
3i8THlS OFFER. INCLUDING ANY AMENDMENTS TO IT. CONTAINS THE ENTIRE AGREEMENT OF THE BUYER AND SELLER
319 REGARDING THE TRANSACTION. ALL PRIOR NEGOTIATIONS AND DISCUSSIONS HAVE BEEN MERGED INTO THIS OFFER. THIS
380 AGREEMENT BINDS AND INUR S TO THE BENEFIT OF THE PARTI S TO THIS OFFER AND THEIR SUCCESSORS IN INTEREST.
OF MUSKEGO 381 @#ferwasdraftedon 5-84 5 [date]by[Licenseeandfirm] Dona15 MolterJr. ,Arenz,Molter,Macy b Rlffle, S,.c.
182 (x) BY: 39-6006023
281 B~~~~'~ siSnalure . P~,~, N~~~ H~~~ - Mark A. Slocomb, Mayor ZpAr FElN Dale .
284 (x) By:
386 EARNEST MONEY RECEIPT Broker acknowledges receipt of earnest money as per line 8 of the above Offer (See lines 288 - 314)
385 Ouyer's slgnarure . ~m~ame here . Jean K. Marenda, Clerk P Dale
186 Broker (By)
j8i SELLER ACCEPTS THIS OFFER. THE WARRANTIES, REPRESENTATIONS AND COVENANTS MADE IN THIS OFFER SURVIVE
388 CLOSING AND THE CONVEYANCE OFTHE PROPERTY. SELLER AGREESTO CONVEY THE PROPERTY ON THE TERMS AND %YXhB0e1B ~~~~~~~~E~~~~~~~~~~~~~~py OF OFFER.
I50 (X) BY:
:g1 s~~I~~'~ signature. print Name H~~~ .Cheryl A. Mueller , Personal Social Secunly NO or FElN
.^"I 3 Representative
291 Seller's Signaiure A Print Name Here - Social Security NO. or FEiN oate
I94 This Offer was presented to Seller by on .-.at- a.m.1p.m
3% THIS OFFER IS REJECTED
395 Sellerlnllialr . Dale.
THIS OFFER IS COUNTERED [See attached counter]
Seller lmllals. Dale.
.- . ..
Exhibit uA"
Resolution #141-2000
Engel - Ewald
All that part of the Northeast % and the Northwest % and the Southwest % and the
Southeast % of Section 20, Town 5 North, Range 20 East, in the City of Muskego,
Waukesha County, Wisconsin. Bounded and described as follows:
The East fifty acres of the South % of the Northwest 1/4 excepting six acres as desrribed in
Volume 167, Page 2 10, at the Register of Deeds Office, Waukesha County, Wisconsin;
The Southwest % of the Northeast % excepting that portion of lands with Tax key number
2237-994; The West % of the Northwest % of the Southeast %, The East thirty acres of
the Northeast X of the Southwest % and described exceptions.
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 including, but not limited to, Phase 2 Environmental Assessment,
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 30 days of the date of acceptance of this Offer, this Offer is null and
void.
2. Seller, and any other entity whose name appears on any of the attached
documents, shall execute the original of all attached documents on or before
closing other than the legal description and Addendum.
e
I.
__ _.
__-
OWNER'S CEnTIFICATlON
E. The owner certifies tlial lne iiiluiinetiuir 11) Iliis rewil is lrue atid conecl It8 Ilia bosl 01 1118 owncr's kiiuwlwge as 01 ltie dale 01
wliicli Iha ownef signs ltis ieporf.
.NOTE: Wisconsin Slature iO8.035 req~nier Imw!e,s who. prior loaccqlance. ub1aC1 ~~drflI.~lio~I ~vl!idr iYOlrl~lCllanya a res)urae 011 1M
rem, 10 Submrl a nmv reporl or QI nriie,~Iedrepr~rf lo lllsprozpeclrve buyer
I I1 is ondbrsrood lhal llie ubserva'iioris it1 ilie boxes were rupplernenral mlvr~i!aiiort olrly aild llin delecis &I condik%
referenced in Ihe qiresl~orrs iwcrmQ!l!!!N& 10 oilly lllose examples am1 ~!oservaliu1is.
&rw
~ ~ ~.. . ~
I ~ ~ .- -- ~
____. Dale __ DmW m1e I_
0.Ww Dm __ ONnS -. Dal. ___
CERTIFICATION BY PERSON SUPPLYltJG INFORMATION
r
F.
inlofmation is lrua and coiim LO the 1m1 01 tlmi pctson's knuwkiye as 01 llie dale on WIIICII the peison sig18s lliis rmrl.
PeM ~. - II~,IS LM~-- rmILn_.--p ti~n 0810-
Pe(5G.l IW~~~S ~a~e __ Pam- - II~~U~P __ 1-m __
NOTICE REGAnDlNG ADVICE On INSPECTIONS
G.
PROPERN AND TO PROViDE FOn APPRCiPRlATE PnOWSlONS IN A CONTWC: I flMEN THEM WITH RESPECT TO ANY ADWE
IEISPECTIONS. DEFEClS OR WAllFlAlWS.
BUYER'S ACKNOWLEDGMENT
H.1. THE PROSPECTIVE DUYER ACKNOWLEDGES THAT TECHNICAL I<NOWLEDGE SUC1.l AS THAT ACOUlnED 8)
A person olller llian llie uwef c~tldies tlmt ha u she has pipplied iii1oiiii:ilion on wlii'h 11to ovmar ~JhtXl Iur lhis rC(wI1 Sld Ihl
-
THE PROSPECTNE BI1'nER AElD 1HE OWNER MAY WISH TO 0BTAII.I PHOFESSIONAL ADVICE OR INSPECTIONS OF THE
~~~ .
TROrESSIONL fF.SF€CTORS ht41 8E FIEOURED 10 DFlECl CER1A.h IlEFEClS S,Cn AS 1v1E IJI4ESENCE OF ASBESTOS
BJLD.hG CODE VIOVITIOhS ANrJ TtOODP~Itt S IAlUS
- ..
Due Service of a Copy of.
CERTIFICATE OF COMPENSATION & NOTICE OF
RIGHT TO APPEAL THE AMOUNT OF COMPENSATION
PURSUANT TO WISCONSIN STATUTE §32.06(2a)
Admitted this day of ,2002.
ESTATE OF ELEANORE ENGEL
AKA ELEANORE C. ENGEL, DECEASED
By:
Cheryl A. Mueller
Personal Representative
ADMISSION OF SERVICE
NOTICE OF RIGHT TO APPEAL THE
AMOUNT OF COMPENSATION PURSUANT
TO WISCONSIN STATUTE §32.06(2a)
Any person named in the Certificate of Compensation, a copy of which is
attached hereto, may within six (6) months after the date of recording of said
Certificate, appeal from the amount of compensation therein stated in the manner
by filing a petition with a Judge of the Circuit Court for Waukesha County,
Wisconsin for proceeding to determine the amount of just compensation in
accordance with Wisconsin Statute §32.06(7). For purposes of any such appeal,
the amount of compensation stated in the Certificate shall be treated as the award
and the date the conveyance is recorded shall be treated as the date of taking and
the date of evaluation.
Dated this day of , 2002.
CITY OF MUSKEG0
Mark A. Slocomb, Mayor
ATTEST.
Jean K. Marenda. Clerk
CERTIFICATE OF
COMPENSATION Document No
Pursuant to Wisconsin Statute §32.06(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 532.06
of the Wisconsin Statutes.
Return To:
Atty Donald S Molter, Jr
Arenz,Molter,Macy&Rlffle
P.0 Box 1348
Waukesha, WI 53187-1348
1 The identity of all persons having an interest
of record in the .property immediately prior to its
conveyance is as follows:
Estate of Eleanore Engel aka Eleanore C.
Engel, Deceased
Tax Key Number
L.
follows:
The legal description of the property in which fee simple title was acquired is as
3,
follows:
SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "A"
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 conservation purposes.
The amount of compensation is $
Dated this day of ,2002.
- CITY OF MUSKEG0
ATTEST. Mark A. Slocomb, Mayor
Jean K Marenda, Clerk
This Instrument Was Drafted by.
Attorney Donald S. Molter, Jr.
ARENZ, MOLTER, MACY & RIFFLE, S.C
Waukesha. WI 531 87-1 348
@720 N. East Avenue, P.0 Box 1348
CITY SEAL
i 1 -I .'
Ex hi bit 'A"
Resolution #141-2000
Engel - Ewald
All that part of the Northeast % and the Northwest % and the Southwest % and the
Southeast % of Section 20, Town 5 North, Range 20 East, in the City of Muskego,
Waukesha County, Wisconsin. Bounded and described as follows:
The East fifty acres of the South K of the Northwest % excepting six acres as described in
Volume 167, Page 2 10, at the Register of Deeds Office, Waukesha County, Wisconsin;
The Southwest % of the Northeast % excepting that portion of lands with Tax key number
2237-994; The West !4 of the Northwest % of the Southeast %, The East th~Q acres of
the Northeast !h of the Southwest % and described exceptions.
WAIVER OF APPRAISAL, RECOMMENDATION & APPROVAL a
Owner. ESTATE OF ELEANORE ENGEL AKA ELEANORE C. ENGEL, DECEASED
Acquisition of. See Attached Legal Description
Interest Acquired: Fee Simple Title for Conservation Purposes
The undersigned owner of land designated as in the attached legal
description, containing approximately
the amount of
($
approval of the City of Muskego.
acres agrees to accept settlement in
) Dollars as full payment for the fee simple title stated, subject to the
The undersigned owner has been fully informed of the right to have the
property appraised, and to receive just compensation based upon an appraisal, has
decided to waive the right to an appraisal.
The undersigned owner further states that the decision to waive such right to
an appraisal was made without undue influence or coercive action of any nature.
It is intended that the instrument of conveyance will be executed upon
presentation by the City of Muskego, agents or representatives.
Dated this day of ,2002.
ESTATE OF ELEANORE ENGEL
AKA ELEANORE C. ENGEL, DECEASED
By:
Cheryl A. Mueller
Personal Representative
.I.
-I
Exhibit UA"
Resolution #141-2000
Engel - Ewald
All that part of the Northeast '/4 and the Northwest '/4 and the Southwest !4 and the
Southeast % of Section 20, Town 5 North, Range 20 East, in the City of Muskego,
Waukesha County. Wisconsin. Bounded and described as follows:
The East tifty acres ofthe South 5 of the Northwest % excepting six acres as described in
Volume 167, Page 2 10, at the Register of Deeds Office. Waukesha County, Wisconsin;
The Southwest % of the Northeast % excepting that portion of lands with Tax key number
2237-994; The West 5 of the Northwest '/4 of the Southeast %, The East thirty acres of
the Northeast % ofthe Southwest !4 and described exceptions.
WAIVER OF APPEAL RIGHTS AS TO
AMOUNT OF COMPENSATION PURSUANT
TO WISCONSIN STATUTE 532.06
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 532.06.
Dated this day of , 2002.
ESTATE OF ELEANORE ENGEL
AKA ELEANORE C. ENGEL, DECEASED
By
Cheryl A. Mueller
Personal Representative
1 STATE BAR OF WISCONSIN FORM I - 1998
WARRANTY DEED
,
TITLE MEMBER STAIE BAR OF WlSLONSlN
(11 no,
auihoriird I,y 57IIC 116 WIS %>!<I
THlS INSTRUMENT WAS DRAFTED BY
I
Attorney Donald S. Molter, Jr.
ACKNOWLEUChlEN'r
Exhibit “A”
Resolution #141-1000
Engei - Ewald
.All that part of the Nonhest % and the Northwest :i and the Southwest !i and the
Sourhest % of Section 20. Town 5 North, Range 20 East, in the City ofktuskezo;
Wukesha County. Wisconsin. Bounded and described zi follows:
The East fifty ac:es of the South !/I of the Noffi5west !4 excTting six ac:es as described in
Volume 167. Page 2.10. at the Rz-s:er of Deeds Office. Waukesha County. Wisconsin;
Tine Southwest ‘/a of the Sonhest >i excepting that portion oflands wich Tax kty number
1237-994; The West 5 ofthe Northwest % of the Southeast %; The Es: thirty acres of
the Nonhest ‘L of the Southwest % and described exceptions.
'.
Wisconsin
Real Estate Transfer Return - Confidential
STAPLE
ATTACHMENTS
HERE
To complete see Instructions for Real Estate Transfer Return PE-SOOA.
lorm to Register of Deeds with docurnenl(s) lo be recorded. Completely fill in all appropflale areas. TYPE or PRINT
INK, and use ALL UPPERCASE LETTERS. If typing form. type through venical character Ilnes.
I. GRANTOR (Seller) If mare man ONE (1) granlar. ch& box a1 len and list on atached adddwn. NaIe: Lher 67.72 mu1 be cwnpleled Unm 9mlOr'S address.
J
II. GRANTEE (0.tyer) .I -rue tnan CAE (!I ]'anlee. :>eu 3ox x'en ma lirl on macnea adoena.m.
Altl3dOtld 30 3% AHVWltld S.i3lNV'tl3 ONV NOlldlI33S30 lV31SAHd 'Illh - __ -
I.
I -, .
GRANTOR: ESTATE OF ELEANORE ENGEL AKA ELEANORE C. ENGEL, DECEASED ,
Exhibit "A" GRANTEE: CITY OF MUSKEGO 0 Resolution #141-2000 I
1 Engel - Ewald
All that part of the Northeast !i and the Northwest % and the Southwest !i and the
Southeast % of Section 20, Town 5 North, Ranze 20 Eat, in the City of Muskezo,
b'aukesha County. Wisconsin. Bounded and described as follows:
The Eat fify acres of the South :/1 of the Northwest !4 exceptins six acres s described in
Volume 167, Page 2 10, at the Register of Deeds Office, Waukesha County, Wisconsin;
The Southwest !4 of the Northeast !< excepting that portion of lands with TLK key number
3237-994; The West !': of the Northwest !4 ofthe Southeast %, The East thiq acres of
the Nonhest !4 of the Southwest % and described exceptions.
CHICAGO TITLE INSURANCE COMPANY
Construction Work and Tenants Affidavit
1. I am the Owner of the property (the Property) described in commitment number 1117509
issued by CHICAGO TITLE INStiRhliCE COhlP;\NY
2. Construction work. (Check One Box)
Repair or construction work WS NOT been done on the Property in the past SLY months.
Repair or construction work WUS been done on the Property in the past six months. The [oral dollar mount
of the work is approximately S All of the people who supplied labor or material are
listcd 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
0
3. Tsanrs. The foollowing tenants aad renters oczopy the Prcprrty (Check One Box:
Therc arc NO tenants.
Therc arc tcnants. but all have lcft thc Propcrty or WILL LEAVE as of closing a One or morc tenants WILL STAY after this salr is closed. Thcir names are:
I eive this affidavit to persuade CHICAGO TITLE INSUrUVCE COMPANY to issue its poliq or policies of
ritle insurance. I a& to indemnify CHICAGO TITLE INSURANCE COMPAVY against loss caused by
inaccuracies or omissions in the above information of which I am aware.
Dated chis day of , 2002 (year).
OWNER
ESTATE OF ELEANORE ENGEL Subscribrd and sworn to before mt- this
day of ,2-(year) AKA ELEANORE C. ENGEL, DECEASED
By:
fWX Cheryl A. Mueller , Personal Reoresentatidotary Public. Waukesha
la My commission (expires) (is
County, Wisconsin
permanent):
F530C R 4/16/99
brrn530 1199
r.
0
CHICAGO TITLE INSURANCE COMPANY
Affidavit as to Broker Lien Rights
The undersigned, being dulv sworn, deposes and says:
Thar I am the owner or purchaser (the Owner) of property further described in commitment to insure number
001117509 (the Property) issued by Chicago Tirle Insurance Company (the Company), or partner. officer or
member of the Owner with authori? to make [he representations below.
(Complete one)
L No red estate broker is or will be entitled to a commission from Owner under a listbe contract or buyer
agency contract having to do with the purchase or sale of the Propertv, and there is no contract for the Irae
or management of the Property under which a commission is presently owed.
- The following is an accurate and complete list of all real estate brokers who are or will 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 Proper?, and/or with whom thc Owner has a contract for the lease or
management of the Property.
LISTING/BUYER BROKER
Name
,\Jdresa
Telcphonc number
Amuunt of commission owed or to be owed:
LE.\SINC/M.ANAGEILlENT BROKE2
.Name
Address
Telephone number
Amount of commissions owed on tbis date:
Attached kreto is a waiver of lien rights from each broker listed above, or a copy of the closing
stateS;ent showing that each broker will be paid at c!osing.
This aftidavit is gven to induce the Compmy to issue its policy or policies of titic insurance. The undersigned
indemnities Chicago Tirle Insurance Company aeainst any loss caused by the existence of anv inaccuracies or omissions
in the above information known to the undersigned and not disclosed to the Companv, plus any cost of the enforcement
of this indemnification.
Dated this day of . 2002 ,
OWNER
ESTATE OF ELLEANORE ENGEL
Subscribed and swam to before me this
2002 (year) AKA FLEANORE C. ENG- day of 9-
By:
Cheryl A. Mueller, Personal Representat-public, Waukesha C~~ry,Wisconsin
My commission (expires) (is
blOW18198 permanent):
CHICAGO TITLE NSWCE COMPANY
Affidavit as to Broker Lien Rights
The undersiped, being duly sworn. deposes and says:
Thd 1 am the 8XWW purchaser (the Ower) uf property further drscnbed in commitnenL to insure number
CUllI~j179 (the Property) issucd by Chicago Title Iosuranc: Cumpany (the Compmv), or partner, officcr or
member of the Owner with aurhority LO m&ke the represenrations be!ow.
(Complete one)
Su red esrate broke: is ur wiil be exirlsd to a commission from O~vnc: under a listing contract or buyer
Jgency contrim habing to Jo with the purchase or sde of the Procerty, and rhere is nu contrac: for [he least
dr managemcnt ui the Property under which J commission is presently owed
- Thc folluwlng is an accurate and complets 1Lt uf dl red estate brokers who are or will be satitled to a
csmmission horn the undrrsipd Ownsr under a listing conliact or buyer qency cxtract habins to do with
the purchase or sale uf thc Propery. and/ur with whom the Owner has a cuntracr fcr the leas or
mmagancnt of the Propertv.
LISTING,'BL'YER BROKER
>~Jrne
AiJr,:ss
: sxphunc number
.Amuunt (of cummissiun uwcd ur IU be awe?:
LE.ISI~C/4L~~~\CE~IEST BROER
Name
.Addxss
Telcphune number
Amount of commissiuns uwed on this date:
Artached'ncreto is a waiver of lie2 rights from each broker listzd above. or a copy of rhc closing
sfitime3t showing that each brokcr will be paid at c!osiaq.
This affidavit is given to inducr the Company to issue its policy or puhcies uf titie insurance. The unhsigned
-.
-
inlic??niEes Chicago Title Insurancr Cornpimy against any loss caused by the exktenc: oi any inaccuracies or omissions
ic % above infcrxariun known to the ?mdersiged md nut disc!ossd to the Company, plus any cost of the enforc-ment
OF this indemnification.
Dated this day of , 2002
OW-ER/PURCHASER Subscribed and sworn to before me this
CITY OF MUSXEGO day of *- 2002 (year) 0 By:
=Mark A. Slocomb, Mayor Notary Public, Waukesha County. Wisconsin
My commission (expires) (is
vermanent):
CHICAGO TITLE INSURANCE COMPANY
RECORDING GAP NDEMNTTY
Commitment No. 1117509
Same
Ev
P%3i A. Mueller
Personal Reocesentative
Estate of Eleanore Engel
aka Eleanore C. Enael, Deceased
s,+lm") !*TO, >arm1
Prim Ulme In.ai,i;r !S.W"-l
Addrcli(ncrU6rcndxownU (Pm s-)