CCR2002138COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #138-2002
OFFER TO PURCHASE - Maciolek Limited partnership
(Road Reservation-Moorland)
WHEREAS, The Common Council of the City of Muskego adopted Resolution #62-
2002 on March 26,2002 which accepted the road reservation for Moorland Road
Extension from Maciolek Limited Partnership; and
WHEREAS, An Offer to Purchase must be executed for said road reservation.
NOW, THEREFORE, 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
Maciolek Limited Partnership property for a road reservation for the extension of
Moorland Road.
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.
DATEDTHIS 9th DAY OF July ,2002.
SPONSORED BY:
Mark A. Slocomb, Mayor
This is to certify that this is a true and accurate copy of Resolution #138-2002 which
was adopted by the Common Council of the City of Muskego. v k-Treasurer
7/02jmb
. 7-1.98 (Oplional Use Dale)
1.140 (Mandalon, Use Dale) VACANT LAND OFFER TO PURCHASE
21 GENERAL PROVISIONS]The Buyer. City of Muskego
3 offers to purchase the Property known as IStreet Address] Outlot 1 of Certified Survev Map No. 9332, COW attached 0 5 Wisconsin. (Insert additio$description, if any, at lines 179 - 187 or attach as an addendum. line 188). on the following terms:
4 inthe Ci of Muskeqo ,County of Waukesha - 6. PURCHASE PRICE: See Addendum A
7 w
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10 rn THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent at closing unless otherwise provided below.
11 rn 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 lhe date of this Offer, Unless excluded at line 14.
I3and the following additional items: None
14 mP
15 A "Fiflure" 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
16of the real estate. including, without limitation. physically attached items not easily removable without damage to the Property. items
17specifically adapted to the Property. and ilems 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 at line 13.
19 rn-
20 [ACCEPTANCE I Acceptance occurs when all Buyers and Sellers have signed an identical copy of the Offer, including signatures on
21 separate but identical copies of the Offer. CAUTION Deadlines in the Offer are commonly calculated from acceptance. Conslder
22 whether shorr term deadlines running from acceptance provide adequate time for binding acceptance and performance.
23 IBlNDlNG ACCEPTANCE I This Offer is binding upon both Parlies only if a copy of the accepted Offer is delivered to Buyer on or
24 before April 30,2002 . CAUTION: This Offer may be withdrawn prior to delivery of the accepted Offer.
251 DELIVERY OF DOCUMENTS AND WRITfEN NOTICE4 Unless Otherwise stated in this Offer. delivery of documents and written notices
2610 a Party shall be effective only when accomplished by one of the methods specified at lines 27 - 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),
29 for delivery to the Party's delivery address at lines 31 or 33.
31 Sellers delivery address: 700 North Water Street. Suite 1500, Milwaukee, WI 53202-4273
30 Seller's recipient for delivery (optional): Alan Marcuvih. Esq.
32 Buyefs recipient for delivery (optional): Office of the Mayor
33 Buyers delivery address: W182 S8200 Racine Avenue, Box 749, Muskego, WI 53150-0749
34 (2) By giving the dmument CT den mtk-5 ona ally to Vle Party (x the Paws recipient for delivWy f an irdivki'ual6 designated ai lins 30 or 32.
35 (3) By fax transmission of the document or wrinen notice to the following telephone number:
36 Buyer: ( 262 ) 679-5630 Seller: ( 414 ) 276-5800
371OCCUPANm Occupancy of the entire Properly shall be given to Buyer at time of closing unless Otherwise provided in this Offer (lines
38 179 - 187 or in an addendum per line 188). Occupancy shall be given subject to tenant's rights. ir any. Caution: Consider an agreement
39which addresses responsibility for clearlng the Property of personal property and debris, If applicable.
40 $
41 3
42
43 1 PLACE OF CLOSING I This transaction is to be closed at the place designated by Buyer's mortgagee or Buver no later than 60 daw
44 after acceptance n&W-Ikm unless another date or place is agreed to in writing.
45 ICLOSING PRORATIONSJ The following item shall be prorated at closing: F rents. private
46 property owner's association assessments. fuel and all similar charges
48 Net general real estate taxes shall be prorated based on (the net general real estate taxes for the current year, if known, otherwise on
49 the net general real estate taxes for the preceding year) ( - .." "_
50 ________-I____________________I________ -- ).I STRIKE AND COMPLETE AS APPLICABL~
51 CAUTION: If proration on the basis of net general real estate taxes is not acceptable (for example, completedpending
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47 Any income, taxes or expenses shall accrue to Seller, and be prorated through the day prior to closing.
52 reassessment, changing mill rate, loftery credits). insert estimated annual tax or other formula for proration.
53 1 PROPERTY CONDITION PROVISION^
55 or knowledae of conditions affecting the Property. or transaction (see below) 2
54 PROPERTY CONDITION REPRESENTATIONS: Seller represents to Buyer that as of the date of acceptance Seller has no notice
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59 A "condition affecting the Property or transaction" is defined as follows:
60 (a) 4% 61
62 (b) >
63 (c) government agency or court order requiring repair, alteration or correction of any existing condition:
64 (d) 3
65 (e)
66 (f) conditions constituting a significant health or safety hazard for occupants of Property;
67 (9) underground or aboveground storage tanks on the Property for storage of flammable or combustible liquids but not limit
68 gasoline and heating oil which are currently or which were previously located on the Property; NOTE: Wis. Adm. Code, Chapter
69 Comm 10 contains registration and operation rules for such underground storage tanks.
71 (i)
70 (h) material violations of environmental laws or other laws or agreements regulating the use of the Property;
72 (j) any portion of the Property being subject to. or in violation of, a Farmland Preservation Agreement under a County Farmland Preservation
73 Plan or enrolled in. or in violation 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 fences between adjoining properties where one or both of the properties is used and occupied for farming or grazing purposes:
76 (I) wells on the Property required to be abandoned under state regulations (Wis. Adm. Code NR 112.26) but which are not abandoned;
77 (m) cisterns or septic tanks on the Property which are currently not servicing the Property;
78 (n) subsoil conditions which would significantly increase the cost of the development proposed at lines 271 - 272. if any. induding. but mt limited
79 to, subsurface foundations. organic or non-organic fill, dumpsites or containers on Properly which contained or currently contain toxic or
80 hazardous materials. high groundwater. soil conditions (e.g. low load bearing capacity) or excessive rccks or rock formations on the Property;
81
82 tural Chemical Cleanup Program; (Wis. Stats. 594.73.)
83 (4) other conditions or occurrences which would significantly increase the cost of the development proposed at lines 271 to 272 or
84 reduce the value of the Property to a reasonable person with knowledge of the nature and scope of the condition or occurrence.
85 PROPERTY DIMENSIONS AND SURVEYS: Buyer acknowledges that any land dimensions, total square footagelacreage figures.
86 or allocations of acreage information. provided to Buyer by Seller or by a broker, may be approximate because of rounding or other
87 reasons, unless verified by survey or other means. CAUTION: Buyer should verify land dimensions, total square footagelacreage
88 figures or allocation of acreage information if material to Buyer's decision to purchase.
89 rn ISSUES RELATED TO PROPERTY DEVELOPMENT: WARNING: If Buyer Contemplates developing Property or a use other than the
90 current use, there are a variety of issues which should be addressed to ensure the development or new use is feasible. Municipal and zoning
91 ordinances. recorded building and use restrictions. covenants and easements may prohibit certain improvements or uses and therefore should
92 be reviewed Building permits. zoning variances, Architectural Control Committee approvals, estimates for utility hook-up expenses. special
93 assessments. charges for installation of roads or utilities. environmental audits, subsoil iests. or other development related fees may need
94 to be obtained or verified in order to determine the feasibility of development of, or a particular use for, a property. Optional contingencies
96 addenda (see line 188). Buyer should review any plans for development or use changes to determine what issues should be addr
95 which allow Buyer to investigate certain of these issues can be found at lines 271 - 314 and Buyer may add contingencies as need
97 in these contingencies. @
98 INSPECTIONS: Seller agrees to allow Buyer's inspectors reasonable access to the Property upon reasonable notice if the inspections
100
99 are reasonably necessary to satisfy the contingencies in this Offer.
. Fuflhermore. Buyer agrees to promptly restore the Propedy lo its original
101 condition after Buyer's inspections are completed, unless othewise agreed in this Offer. An "inspection" is defined as an observation
102 of Ihe Property which does ne( include testing of the Property.. other than testing for leaking LP gas or natural gas used as a fuel source,
103 which are herebyauthmized.
104 TESTING: Except as otherwise provided, Seller's authorization for inspections does not authorize Buyer lo conduct testing of the Property.
105 A "test" is defined as the taking of samples 01 materials such as soils, water. air or building materials from the Property and the laboratory
106 or other analysis of these materials. If Buyer requires testing. testing contingencies must be specifically provided for at lines 179 - 187 or
107 in an addendum per line 188. Note: Any contingency authorizing testing should specify the areas of the Property to be tested. the purpose
108 of the test. (e-g.. to determine if environmental contamination is present). any limitations on Buyer's testing and any other material terms of
109 the contingency (e.g.. Buyer's obligation to return the Property to its original condition). Seller acknowledges that certain inspections or tests
110 may detect environmental pollution which may be required to be reported to the Wisconsin Department of Natural Resources.
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122 I FENCES Wisconsin Statutes section 90.03 requires the owners of adjoining properties to keep and maintain legal fences in equal
123 shares where one or both of the properties is used and occupied for farming or grazing purposes. CAUTION: Consider an agreement
125 I DELIVERY/RECEIPT I Unless otherwise stated in this Offer. any signed document transmitted by facsimile machine (fax) shall be tr ted
124 addressing responsibility for fences if Properly or adjoining land is used and occupied for farming or grazing purposes.
126 in all manner and respects as an original document and the signature of any Party upon a document transmitted by fax shall be cons'
127 an original signature. Personal delivery to. or actual receipt by, any named Buyer or Seller constitutes personal delivery to. or aClual r &
128 by Buyer or Seller. Once received, a notice cannot be withdrawn by the Party delivering the notice withoul the consent of the Party receiving
129 the notice. A Party may not unilaterally reinstate a contingency after a notice of a contingency waiver has been received by the other Party.
130 The delivery provisions in this Offer may be modified when appropriate (e.g.. when mail delivery is not desirable (see lines 25 - 36)).
131 Buyer and Seller authorize the agents of Buyer and Seller to distribute copies of the Offer to Buyer's lender, appraisers. title insurance companies
132 and any other settlement service providers for the transaction as defined by the Real Estate Settlement Procedures Act (RESPA).
. 133 PROPERTY ADDRESS: OUtlol1 of Certified Survey Map N0.9332 [page 3 of 51
134 lTlME IS OF THE ESSENCE] "Time is of the Essence" as to: (1) v; (2) binding aCCePtance; (3) ocwpancy: (4)
135 date of dosing: (5) contingency deadlines [STRIKE AS APPLICABLE I and all other dates and deadlines in this Offer except: None
136 If 'Time is of Ihe Essence"
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
138 not apply to a date or deadline, then performance within a reasonable time of the date or deadline is allowed before a breach occurs.
139 bATES AND DEADLINES I Deadlines expressed as a number of "days" frm an event. such as acceptance, are calculated by excluding
140 lhe day lhe event occurred and by counting subsequent calendar days. The deadline expires at midnight on lhe last day. Deadlines
141 expressed as a specific number of "business days" exclude Saturdays, Sundays, any legal public holiday under Wisconsin or Federal
142 law, and other day designated by the President such that the poslal service does not receive registered mail or make regular deliveries
143 on that day. Deadlines expressed as a specific number of '"hours' from Ihe occurrence of an event. such as receipt Of a notice. are
144 calculated from the exact time of the event, and by counting 24 hours per calendar day. Deadlines expressed as a specific day of Ihe
145 calendar year or as Ihe day of a specific event, such as closing. expire at midnight of that day.
146
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179 ~DDITIONAL PROVISIONSKONTINGENCIE~
180
181
182
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185
186
187
188 ADDENDA:JhaU&bd Addendum A is/= made part of lhis Offer.
189 PITLE EVIDENC~
190 CONVEYANCE OF TITLE: Upon payment of the purchase price, Seller shall convey the Property by warranty deed @FelhF
92 agreements enlered under them. recorded easements for the distribution 01 utility and municipal services, recorded building and use
p) free and clear of all liens and encumbrances. except: municipal and zoning ordinances and
193 resbictions and covenants. general taxes levied in lhe year of closing and no others
194
195
196 for purposes of lhis transaction. Seller further agrees to complete and execute the documents necessary to record the conveyances.
Buver's intended
(provided none of the foregoing prohibit I- use of the Propertv). which ConslitUtes merchantable title
Page 4 of 5
197 . FORM OF TITLE EVIDENCE: evidence of tiUe in Ihe Ion of an ownets policy of title insurance in the amount of the
198 purchase price on a current ALTA form issued by an insurer licensed Io wrile title insurance in Wisconsin. CAUTION: IF TITLE '
199 EVIDENCE WILL BE GIVEN BY ABSTRACT. STRIKE TITLE INSURANCE PROVISIONS AND INSERT ABSTRACT PROVISIONS.
201 shall be acceptable if the commitment for the required title insurance is delivered to Buyer's anorney or Buyer not less than 3 business
200 . PROVISION OF MERCHANTABLE TITLE: For purposes 01 dosing. title evidence
202 days before closing, showing lille to the Property as of a date no more lhan 15 days before delivery 01 such title evidence IO be
203 merchantable. subject only lo liens which MIl be paid out of the prOOeedS of dosing and standard Cue insurance requirements
204 exceptions. as appropriate. CAUTION: BUYER SHOULD CONSIDER UPDATING THE EFFECTIVE DATE OF THE TI.
206 EFFECTIVE DATE OF THE COMMITMENT AND THE DATE THE DEED IS RECORDED.
205 COMMITMENT PRIOR TO CLOSING OR A "GAP ENDORSEMENT" WHICH WOULD INSURE OVER LIENS FILED BETWEEN THE
207 TITLE ACCEPTABLE FOR CLOSING: If title is no1 acceptable for dosing, Buyer shall notify Seller in writing of objections lo title by
208 the time set for closing, In such event, Seller shall have a reasonable time. but not exceeding 15 days, lo remove said objedions. and
209 the lime lor closing shall be extended as necessary for this purpose. In the event that Seller is unable to remove said objections. Buyer
210 shall have 5 days from receipt of notice thereof. to deliver written nolice waiving the objections. and the time for closing shall be extended
211 accordingly. II Buyer does not waive the objections, lhis Offer shall be null and void. Providing title evidence acceptable for dosing does
212 not extinguish Seller's obligations lo give merchantable tiUe lo Buyer.
213 rn SPECIAL ASSESSMENTS: Special assessments. if any, for work actually commenced or levied prior lo date of this Offer shall be
214 paid by Seller no later than closing. All other special assessments shall be paid by Buyer. CAUTION: Consider a special agreement
215 if area assessments, property owner's associafion assessments or orher expenses are contemplafed. 'Other expenses" are one-
216 time charges or ongoing use fees for public improvements (other than those resulting in special assessments) relating to curb, gutter.
217 street. sidewalk. sanitary and stormwaler and storm sewer (including all sewer mains and hook-ups and interceptor charges), parks, street
218 lighting and street trees, and impact fees for other public facilities, as defined in Wis. Stat. !$66.55(1)(c) 8 (9.
219 I ENTIRE CONTRACT I This Offer. including any amendments bit contains the entire agreement of the Buyer and Seller regarding the
220 transaction. All prior negotiations and discussions have been merg d into this Offer. This agreement binds and inures to the benefit of
221 the Parties to this Offer and their successors in interest.
223 Seller and Buyer each have the legal duty to use good lailh and due diligence in completing the terms and conditions of lhis Offer. A
225 other legal remedies.
224 material failure to perform any obligation under his Offer is a default which may subjed Ihe defaulting party to liability for damages or
226 If Buver defaults. Seller may:
227 (1)
228 (2) terminate the Offer and have he option to:
229
230 If Seller defaults. Buyer may:
p sue for actual damages.
231 (1) sue lor specific performance: or
232 (2) terminate lhe Offer , sue lor actual damages, or both.
234 The Partjes understand that he availability of any judicial remedy will depend upon the circumslances of the situation and
236 7
237
238 NOTE: IF ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT BOTH PARTIES SHOULD READ
239 THIS DOCUMENT CAREFULLY. BROKERS MAY PROVIDE A GENERAL EXPLANATION OF THE PROVISIONS OF THE OFFER BUI
240 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 ATI'ORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS NEEDED.
242
243 .=
245 55
246 &-
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248 8
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251 $
252
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222 -1 'and Addendum A
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, 268 PROPERTY ADDRESS: Outloll of Certified Survey Map No. 9332 [page 5 of 5)
269 OPTIONAL PROVISIONS: THE PARAGRAPHS AT LINES 271 - 314 WHICH ARE PRECEDED BY A BOX ARE A PART OF THIS OFFER IF
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270 MARKED, SUCH AS WITH AN "x". THEY ARE NOT PART OF THIS OFFER IF MARKED N/A OR ARE LEFT BLANK.
232
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315 This Offer was drafled on 6/19/2002 [dale] by [Licensee and firm] von Brlescn 8 Roper, S.C., Tlmolhy W. Frslry
316 (x) CITY OF MUSKEG0
317 Buyeh Signature Print A, cjl&~,r\c, Soda1 Security No. or FElN ' date
>A /o 7
318 (x) By:
319 Buyeh Signature Prinl Name Here: ' Social Security No. or FElN Dale
320
321
322 SELLER ACCEPTS MIS OFFER. ME WARFUNTIES. REPRESENTATIONS AND COVENANTS MADE IN MIS OFFER SURVM CLOSING AND
Broker (By)
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)
326
328
327 (x)
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jocial Security No. or FElN Date .. .
329 This Offer was presenled lo Seller by
THIS OFFER IS REJECTED
on .at a.m.1p.m.
Seller Initials Dale
MIS OFFER IS COUNTERED [See attached munler]
Seller lnilials Dale
627056.1.WC
I ADDENDUM A
executed by City of Muskego ("Buyer"), and dated June 19,2002, by which Buyer has offered to purchase the real
This Addendum A is attached to and made a pari of the Vacant Land Offer lo Purchase (the "Offer")
property described as Outlot 1 of Certified Survey Map No. 9332, located in the City of Muskego, County of
Waukesha, Wisconsin (the "Property") from Maciolek Limited Partnership ("Seller").
The Offer is supplemented and modified as follows:
1. CLOSING COSTS
(a) Buyer shall pay the cost to record the Deed;
(b) Buyer shall pay all title insurance premiums for the ownets title insurance policy, however,
Seller shall forward current title policy to allow Buyer to save costs through reissue;
(c) Each party shall pay its own attorneys' fees.
2. FAXED SIGNATURES. Buyer and Seller agree that faxed signatures will be binding on both
parties.
3. PURCHASE PRICE. The Purchase Price for the Property shall be Seventy-Five Thousand and
No/100 Dollars ($75.000), payable at closing to Seller as a credit to special assessments on certain property
owned by Seller more specifically described on the City of Muskego. Wisconsin, Assessment Roll dated April 9.
2002. for Assessment District 'RD." Project Description Moorland Road Woods Road to Janesville Road,
Database I.D. Number 03-02; and Assessment Roll dated April 9. 2002 for Assessment District 'WU." Project
Description Moorland Road Woods Road to Janesville Road Database I.D. Number 3162. After the credit from
Buyer. the outstanding balance of Sellets City of Muskego special assessments shall be as follows:
Proposed ImDrovement SDecial Assessment
Road
Grading
Water
$214.518.21
$ 87.500.00
$134.160.89
Seller waives any and all right lo appeal or challenge the amount of the above City of Muskego special
assessments pursuant to Wis. Stats. 5 66.0703. provided, however, that Seller shall receive a proportionate
reduction in the special assessment amount in the event the City of Muskego receives any reduction or savings in
the costs of the public improvement projects.
4. JOINT AUTHORSHIP. Each of the parties has participated in the drafting and review of the
Offer and all Addenda. Accordingly, the language of the Offer and all Addenda shall not be presumptively
construed in favor of or against either the Buyer or the Seller.
5. BINDING EFFECT All of the terms, covenants and conditions of this Offer shall inure to the
benefit of and be binding upon the parties and their respective heirs, personal representatives, successors and
assigns.
6. CHAPTER 32 ACKNOWLEDGMENT AND WAIVERS.
by Wis. Stats. 55 32.05(2a) and/or 32.06(2a).
(a) Seller acknowledges that it has had a face-to-face meeting with Buyer as contemplated
(b) Seller acknowledges that il has received any pamphlets or information which Buyer
may be required to provide under Wis. Stats. $9 32.05(2a) and/or 32.06(2a).
(c) Seller acknowledges that it has waived its right to an appraisal to which it would be
entitled under Wis. Stats. 32.05(2)(b) and/or 32.06(2)(b).
(d) Seller waives any applicable agricultural or environmental impacl statement lo which il
may be entitled.
(e) Seller represents and warrants lo Buyer that it is not a "displaced person," "farm
operation," 'owner-occupant. residential" or 'owner-occupant, business" pursuant to Wis. Stats. §§ 32.19
to 32.27 and Wis. Admin. Code Chapter Comm. 202.
$5 32.19 to 32.27 and Wis. Admin. Code Chapter Comm. 202. (0 Seller waives any relocation benefits for which it may be eligible under Wis. Stats.
(9) Seller waives the right to contest just compensation in the manner set forth in Wis.
Slats. 55 32.05(9) to (12), 32.06(8) to (12) andor 32.18, and instead agrees with Buyer upon a purchase
price and other consideration as described in this Offer.
the manner set forth in Wis. Stats. $5 32.05(2a) and/or 32.06(2a).
(h) Seller waives the right to appeal from the amount of compensation stated in the Offer in
0) Seller waives, pursuant to Wis. Stats. §§ 32.05(5). 32.06(5) and/or 32.18. any and all rights to appeal under any theory related to the law of damages or eminent domain against Buyer.
The foregoing acknowledgments and waivers shall survive the Closing.
has the authority to acquire title to the Properly pursuant to Chapler 32 of the Wisconsin Statutes and that
7. TRANSFER IN LIEU OF CONDEMNATION. Buyer represents, and Seller acknowledges, that
has made a relocation order and a determination of necessity and has taken the steps necessary to legally
acquire title to the Properly pursuant to Chapter 32. Wis. Stats. Buyer and Seller acknowledge and agree that in
accordance with Chapter 32, the transaction evidenced by this Offer is a negotiated transfer in accordance with §§ 32.05(2a) and/or 32.06(2a), Wis. Stats.
621041.1 DOC
UC2720665-087 2?7061Ps-.
CERTIFIED SURVEY MAP NO. ?f32
EEINC A PART OF THE SW 1/4 OF THE SW 1/4. SEC. 2-5-20 AND ME NW 1/4 OF
THE NW 1/4 OF SECTION 11. TOWNSHIP 5 NORTH. RANGE 20 EAST. CITY OF MUSKEGO.
WAUKESHA COUNTY. WISCONSIN.
PROJECT NO. 12885 THIS INSTRUMNT DRAFTED BY THOMAS C. WILLlAMSDN PAGE 1 OF 7
CERTIFIED SURVEY MAP NO. f73A
THE NW 1/4 OF SECTION 11. TOWNSHIP 5 NORTH. RANGE 20 EAST. CIM OF MUSKEGO.
BEING A PART OF THE SW 1/d OF THE SW 1/4. SEC. 2-5-20 AND THE NW 1/4 OF
WAUKESW COUNlY. WISCONSIN.
NOR" C. WSOY. R19 NO. It47 WELCIt WN P &OCUTpLI -0 P-THERSH~P - 1: Dl* lRffl PWE FWND OWER
DIY OF YIOQY COW *19DC INC.
0 - COHC. Y" w/ BRASS w
555 ALBTIM URCLP. SUTIX 100 ow. n LJOlll
mmo. n S3160 0 - 1- om. ,WON RR Y1. 2.- LWC.
e - 3 Oll. .IW PlPE FWM
(?e) 848-6-
SURVEYOR: L!EEKL
Wl - 1.13 LBS/UN. n. ---- O-IEIO nccmc UYE
EASEMENT(TIP.) WAU BE LIMITED TO 24' ABOVE THE EXISTING GROUND ELEVATION
m
AREA =34.9 ACRES
(1.520.955 S.O. F.T.)
KnL
ALL PLANTINOS WlHlN THE PLANTING EASEMENT ARE To BE MAINTAINED BY EACH INDIWOUAL LOT OWNER. I AREA =8.5 ACRES \
(367.967 S.O. F.T.)
30' PLANTING ' EASEMENT
> 30' PLANTING EASEMENT
Chord: 69205
Tongent: 54835
Course: N 20-57-52.06 W Arc Length: 893.59 Radlw: 5ooO.W Ddts 13-14-47.89
RESERVED FOR PUBLIC ROADWAY PURPOSES FOR ME CITY OF HUSKEGO
IDENTIFIABLE SECTION UNE- NORTH
R2OE. ASSUMED BEARING N 87'55'51-E (W STATE PLANE
COCUOINAlE SYSTEM) NORTH LINE OF ME 1/4
N87053'51"E 2693.90'
LINE OF mE NW 11.4 SEC 11. T~N.
L"" SEC. 11 -5- 20
-10.93'
E=2.506424.64 UNPLATTED ENDS
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PROJECT NO. 12885 THIS INSTRUMENT DRAFTED BY THOMAS G. WLLWMSON PAGE 2 OF 7 6
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Stock No. 26273
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CERTIFIED SURVEY MAP NO. 933L
BEING A PART OF THE SW 1/4 OF THE SW 1/4. SEC. 2-5-20 AND THE NW 1/4 OF
THE NW 1/+ OF SECTION 11. TOWNSHIP 5 NORTH. WE 20 EAST. CITY OF YUSKEGO.
WAUhESH4 COUNM. WISCONSIN.
v) CI 2
Tongent: 348.35 z x Chord 692.05 Course: N 20-57-5206 W
Arc Length 693.59 Radius: 3000.00 Dello: 15-14-47.89
RESERVED FOR PUBLIC ROADWAY PURPOSES
FOR THE CITY OF MUSKEGO
NQE
AU PLANTINGS WlTHlN WE PLANTING EASEMENT ARE TO BE
MAINTAINED BY EACH
z - 30' PLANTING INDIWOUAL LOT OWER. r?
ti
F .
EASEMENT
""
N87°53'51'E 293290' - - - - "~GH LINE OF THE NW 1/4 SEC. 11-5-20
IDENTIFIABLE SECTION LINE- NORTH
LINE OF THE NW 1/4 SEC 11. T5N. - RZOE. ASSUME0 BEARING N
87'53'51-E (W STATE PLANE E
COORDINATE S'YjTEM) : .
!Ax2
AREA =34.9 ACRES
(1.520.955 SO. F.T.)
0 CERTIFIED SURVEY MAP NO. F332"
BEING A PART OF THE SW 1/4 OF THE SW 1/4. SEC. 2-5-70 AND ME NW 1/4 OF
THE NW 1/4 OF SECTICIN 11. TOWNSHIP 5 NORTH. RANGE 20 EAST. CIM OF MUSKEGO.
WAUKESHA COUNTY. WISCONSIN.
\ MOW C. WSON. RlS NO. 1117
DN. O? YAMT COLBY BOC. INC. yAc'oIBK lIymD '"'IP 0 - 2' DIA. WON RPC FNND
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0 - I- 011. IRON PlPE Y1. z+- LONG. -- OSAD accmu LINE
WT - 3.u LBSAIH. rr.
" PUUtR POLE
SCALE 1" = 150' LO? -LC>t& NCL >E41
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PROJECT NO. 12885 THIS INSTRUMENT DRAFTED BY THOMAS G. WILLIAMSON PAGE 4 OF 7 -f-
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Tongant: 467.93 Chord 728.37 Course: S 53-14-13.5 E
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N87"52'01
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RESERVATION (TO If
IWUYC?. .-.A
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Stock No. 26273
CERTIFIED SURVEY MAP NO.
BeingapnrtoftheSW KoftheSW Vi ofSection2andtheNW 114oftlieNW I/-lof
Range 20 East. City ofMuskego. Waukesha County. Wisconsin.
Section 1 1. Township 5 North.
I, Nomian C. Hanson, Registered Land Surveyor, hereby certim:
That I have surveyed. divided and mapped a part of the SW !A of the SW !4 ofsection 2 and
the NW 114 of the NW I14 of Section 1 I. Township 5 North, Range 20 East, City of Muskego,
Waukesha County, Wisconsin more fully described as follows:
Commencing at the NE corner of Section 10. said corner being also the point of
beginning; thence N.00°-34'-55"W., 921.72 feet along the West he of said Section to a point on
centerline to a point: thence N64°25'29"E. 564.23 feet along said centerline: thence S.000-46'-
the centerline of Janesville Road (C.T.H. "L"); thence N.65°-5G'-01"E., 608.77 feet along said
01"E.. 1493.12 feet along the West line ofCSM Nos. 5S4l and 5582 to a point at the SW corner
of CSM No. 5982, recorded in the Office of the Register of Deeds, Waukesha County. said point
being also the NW c.onler of Rosewood Estates. a recorded Subdivision Plat; thence S.Olo-lO'-
ofMoorland Rood; thence S.870-52'-01"W.. 11.80 feet to a point ofcurvature; thence 787.46 feet
11"E.. 563.40 feet along the West line of said subdivision to a point on the northerly right-of-way
along the arc of a curve to the right. with a chord bearing N.5.1°-IJ'-14"W.. 726.37 feet and a
radius of 580.00 feel; thence N14"10'26"W. 436.15 feel; thence S.S7°-53'-51"W.. 661.16 feet to
the point of beginning. Said lands containing 2,058.21)l square feet (47.9 acres), more or less
purposes Cor Waukeshn County.
lands. Reserving therefrom 2.03 acres. as depicted on pages 1 and 7 herein. Tor public ro ;IC
Partnership, owner ofsaid lands.
That I have made such survey. land division and map by the direction of Maciolek Luniled
and the division thereofmade.
That such survey is a correct representation of all the esterior boundnries of the lands surveyed
Statutes and the Land Division OrdLlance of the City of Muskego, in surveying. dividing nnd mapping
That I have fully complied with the provisions of Chapter 236.31 of the Wisconsin State
the same.
This iustrument drafted by Thomas G. Williamson Page 5 of
b 4 -
CERTIFIED SURVEY MAP NO. ,933&
Being a part of the SW X of the SW X ofsection 2 and the NW I14 of the NW
Range 20 East, City ofMuskego. Waukesha County. Wisconsin.
114 of Section 11, Township 5 North,
OWNER‘S CERTIFICATE
Maciolek Limited Partnership, a Wisconsin Limited Partnership duly organized and
existing under and by virtue of the laws of the State of Wisconsin, as owner, does hereby
certify that said limited partnership caused the land described on this Certified Survey Map
to be surveyed, divided. mapped and dedicated as represented on this Certified Survey
Map.
required to be submitted to the following for approval or objection: CITY OF MUSKEG0
Maciolek Limited Partnership, does fdrther certify that this Certified Survey Map is
presents to
IN WITNESS WHEREOF, said Maciolek Limited Partnership has caused these
countersigned by _e&4
be sived by -”ATK %wLel< , General Partner. and
Wisconsin. this ALAday of ‘kkz? 20Q-J”.
u&K , General Partner at Muskego.
STATE OF WISCONSIN)
WAUKESHA COUNTY)
Personally came before me this -+zd day of --&k .
2001_, the above nnmed %pK~cm\eK , G%ral Partner. and p&tc\a A. -&. General Partner of the above named limited partnership. to
me known to be the persons who executed the foregoing instrument, and to me known to
be such General Partners of said limited partnership. and acknowledged that they executed
the foregoing instrument as the deed of said limited partnership, by its authority.
/- / . .. ,_ ~ . ,.
, ._I’
This instrument drafted by Thomas G. Williamson Page 6 of 7
I I CERTIFIED SURVEY MAP NO. T9m- -
Being a part ofthe SW X ofthe SW % ofsection 2 and theNW 114 oCtheNW lI1 of
Range 20 East. City of Muskego, Waukeshs County. Wi~consie.
Section I I, Township 5 North.
PLAN con~rv1IssI0~ APPROVAL
Approved by the Planning Comn~ission of Ihe City of Muskego this 2- day of
"AL.q&k ~OOL-.
, '? _-
... <: hL-d."L&:"- -zL L Sandra S. Asli, Secretary
"-":
Dnvid L. DeAngelis. Chairman
This inslrutnent draRed by Thomas G. Williamson
WaumEsHa cowrf. WI REGISTER'S OFFICE
RECORDED ON'