CCR1983202RESOLUTION #202-83
ACCEPTANCE OF OFFER TO PURCHASE PARCEL OF LAND
IN MUSKEG0 BUSINESS/INDUSTRIAL PARK
(E. H. LANKE)
WHEREAS, the city has received an offer in the amount of
$24,000.00 from E. H. Lanke for the purchase of Parcel 2
of Certified Survey Map No. 4253 (one acre) in the city's
Business/Industrial Park, and
WHEREAS, acceptance of the offer has been recommended by
the city's industrial broker, as well as the Finance
Committee,
City of Muskego, upon the recommendation of the Finance
THEREFORE, BE IT RESOLVED that the Common Council of the
Committee, does hereby accept the Offer to Purchase the
Parcel 2 of Certified Survey Map No. 4253 (one acre) from
E. H. Lanke, including the attached Rider to the Offer
to. Purchase, in the amount of $24,000.00.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are
authorized to execute the necessary documents in the
name of the ci ty.
FINANCE COMMITTEE
Ald. Edwin P. Dumke
Ald. Mitchel Penovich
dQ4 Ld-" Ald. Charles Colburn
ATTEST:
7/83
lm
Wisconsin Lcgal Blank Co.. Inc.
Milwaukee. Wir.
VACANT LAND OFFER TO PURCHASE
I .............. Milwaukee ,Wisconsin. .~ July ~.. 19, ~~.. , 19 83
The udersigned Buyer. E., He. .WK
1 hereby offen 10 purchare the properly known .See. b.el.Qb'. ...
~~o~eepaniculUly dercni ac: .Parcel..Z nf. .cer.tLiled suraey. .W nuder. .4253. .and ahPm.as. .QV.tlkted.
I in. red .of the. attached .survey..
.. .City. d. Muskego. , couory of Y.WkS.hi% , Wisconsin.
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I ai the price of .TrJenty.:fou .thnufiend. .and. .OO!LOO. ~ ~ ~
.
Dollarj(S 2k..o.m.DO. . .) and on Ihe terms and MndCions as follows:
~&eslmollcrdS..2,k0~ .... .wn~~~m~th.~~~ .................... ..................
) .................... ....................... . , .......... V" ........... V..
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, and the balmcc in cash ut closing or as hereafter re1 fonh. If thi, oner is Ihe result of 8 co-brokerage. hen all money paid herewith shall be held in Ihe selling broker's mst account until the acceptance of
" .......................................................................
hs olTer uad shnll k UansmiUCd u) he hhg broker upon such acceptance.
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' TIME IS OF THE ESSENCE AS TO: ADDITIONAL EARNEST MONEY PAYMENT. LEGAL POSSESSION, oCCUPANCY.AND ' DATE OF CLOSING. (Suite those not a licuble.) THEBUYl~R'SOBLlGATlONTOCON~~UDETHISTRANSACTLONISCONDITIONEDUPONTHECONSUMMATlONOFTHE
5 (If this ollel is subject 1O fmancing. percolation test. specific zoning or use, approval of recorded building and use resuictions and covenanls, or MY
FOLLOWING:
, orher sontillpcncy, it must k slated here. IC none. so slale.)
This ........ offer is contingent upon the following:
1. The passage of an"h'i't~a1 #e's'ol'uti'on'b;y't~e'~ity'of'Mub~e~o tO"idaue 'InduitkXil' ........... ....
......... Developmini Revenue B'oiide"fn 'th'e aiioutit b'f one iil'lion ana' 'Oti/1uO' dbl'lara
,premises. Said Initial Resolution td'be paieea"no'liiter than 30 says after
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($1 ... !::.':;,::,:.: 060 006'06)' .... with ::. ... respect LII ,:I: ;I..:: to an Fndiistr'ia'l €acTli'ty"to~be 'located'.on'the aubjec't ...
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I acceptance'ot'thii offe~r;
, ..... 2. Buyer,be~ng .pe~~i~.ted .t.o tiave soi~.b.or~ngs ta~en, .atBuyer's..expense', to assure
t~e Buyer 't~at..the E.Oil'S tiave adequate .~.t.~.ength' 'for. .~.tari~ara.~n~uStri,al .~uilaing
foun,dations. tie .decis'ion .t.o adequacy .W~~~ ~e. .Eorey .W.~th
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! hyer agees ihal unless otherwise specified. Buyer will pay all cos& ofsecurinpany financing lothe exlenl permitted by law.and Lo pedormallacls
\ ncce>bary 1u expediie such financin8.
I ADDITIONAL ITEMS INCLUDED IN SALE: ,N.?ne.
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7 ITEMS NOT INCLUDED IN SALE: None ......
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lK~l~i\<:~l., i. :,~~,:;~I~,J,i!!~!,~,~~,n~t*c,~,~,,~~,i~,,~~:~~,~,l,~,,lI~,,?~~ l~,til :\k,:.l>y ,,?~,,:~ci,l~~~!~~~i, ,.?it?,: t.c!:~gc ~,~cp:;:,! ili:h I '!,it\,,;
mails. addressed to Buyer at ,1914. Sputh, .89. .S.tre.et,. .Milwauk.ee,. .Wi3C.WOS.in. :. .
, or by personal delivery there,
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, 19 .e?, , or at such olher time and place as may be agreed in writing by Buyer and Scllr
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This transaction is lo be closed at the ollice of Buyer's mortppee or at the-. .?fUBk.ew? .City. , .
....... Hall ,
.Augue.t. 26.
Seller represents lo Buyer that the property is zoned .l-l 1.ndus t.Ci8.1 Park
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Seller warrants and represents lo Buyer that the property is not located in a flood plain. as per .c.f.tY. .kfa.p3
LCaution: Refer to wetlands regulations.)
(a)planned or commenced puhlic improvement which may result in special assessments or otherwise materially affect the property.
(b)govemmcnt agency or court order requiring repair, alteration or correction of any existing condition.
EXCEPTIONS TO WARRANTIES AND REPRESENTATIONS STATED IN LINES R6TO 91. .
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eller warrants and represents to Buyer that Seller has no notice or knowledge of any:
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;z
79
80
A1
82
83
84
85
86
87 88
87
90 91
92
73
94
9s
76
97 Interest. rents. walcr and sewer use charges and homeowners association assessments shall be pmrated~as ofthe date ofclosinp. Accm 98 income and expenses, including taxes for the day or closing, shall nccrue to Seller.
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100
101
99 General taxes shall be prorated at be time orclosing based on the nct pxeral taxes for the current year. ifknown. otherwise on the net eent
102
103 104
106 105
107
108
109 110
111
1U 112
114
116 115
117 118
110
120
121
122
123
125
124
126 127
129
128
I30
131
132
133
134
135 I36 137
138
139
140 14 1 142
143
144
145
146
147
148
147
150
151
152
I53
154
15s
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taxes for the preceding year.
CAUTION: If property has not been fully assessed for tax purposes. or reassessment is completed or pendine. tax proration shall be on the basix
$
assxiation has assessed or may assess.
assessments. including any contemplated special assessmcnts. shall be paid by iuycr.
.. estimated annual tax. Make special agreement if area assessment(s) islare contemplated andlor homccwn~
Special assessments. if any. Tor work on site actually commenced or levied nor to date of this offer shall be pnid by Seller. All other spec^
Seller shall furnish and delivcr to Buyer for examination at Icast 15 days prior to lhc date set for closing.
prcmte+;mbimwkew~etime&~ .' 2. An owner's policy of title insurance in thc!ngBuyer as the insured, as Buyer's inlcrest may appc.
writtenbyaresponsibletitleinsurancecompanylicensedbyiheStateof ~scons~n,wh~chpolicyshallguaranteeSeller'stillctohcincondili~
called for by this agreement. exccpt for mongages. judgments, or other liens *hich will be satdied out of the pmcecds of the sale.
commitment by such a title company. agreeingto issue such a title policy upon the recording ofthe proper documents as agreed herein. shall
deemed sufkient performance.
lurnish written proof. at or hefore closing. that the total underlying indchtcdness. if any. is not in excess orhe proposed balance orthe land contr:,
lfthisoNerprovidesforalandcontract.thesameevidenceoftillcshnllhclumishedpriortotheexecutionofthelnndcontr~ct.andSellcr~h
and thal the payments on this land contract are suficicnt to meet nll or the nhlipntions or Seller on the underlying indchtedncss.
be paid to or retained by Seller as liquidated damages. If such money is held by Broker. Broker shall disburse such money as follows:
Should Ruyer fail 10 carry out this agreement. all moncy paid hcremder. including any additionnl earnest money. shall, nt the option olscll
I To hycr. ilSellcr hns nnl notilicd hyer nntl nroker in u,ritinp,olSellcr's cleclion Inconsider nll money pnid hereundernr liquidated dnmn
or pnrt pnymcnt lor spccilic pcrlirrmllncc witllin (10 dnys (11 clarqinp dntc set Inrtll in this nprecmcnt. or: 2. ToSellerasliquidateddamagcs.subjccttodcductionsolBroker'scommissionanddisbursements.ifany,ifneitherpartyhn~commencedaI
suit on this matter within I20 days of the closing dale set forth in this agreement.
Should Seller he unablc to carry out this ngrccmcnt by reas?n ofn valid legal dcfect in title which Buyer is unwilling to waive. nII mol.
paid heremdcr shnll he returned to IhlyeI forthwith. and this cnntrnct shnll hc wid.
SpECIALPROVISIONS~ See Rider attached .................. hereto whose terms a'nd conditions are .... made a:
part of this Offer to'P'urchase as if included herein. .. ~~ .!
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Buyer~has read. fully understands and acknowledges receipt ora cbpy of his oier to purchase. BUYERIS ADVISEDTHATBROKI
~~ _.A,. ~.
.HAS AN AGENCY RELATIONSHIP WITH SELLER.
(Buyer)
.. .. (Buy
CLOSING OF THIS TRANSACTION. THE UNDERSIGNED HEREBY AGREES TO SELL AND CONVEY THE ADO! THIS OFFER IS HEREBY ACCEPTED. THE WARRANTIES AND REPRESENTATIONS MADE HEREIN SURVIVE TI
MENTIONED PROPERTY ON THE TERMS ANDCONDITIONS AS SET FORTH ND A KNOWLEDGES RECEIPTOF A CO! OF THIS AGREEMENT City 04 Mustego
July .. ... .... ......... ... ........ Pursuant to Resoiution #
Passed by the Muskego Cmon Council
on
19 S? BY! a
.. Isel:
EARNEST MONEY RECEIPT
Earnest money in the amount of S .. $ ..... ... .. 2 400 00 . . in form or, .a. .Check .
received from ................. E H Lanke
The undersigned hereby agrees to hold same in nn aulhorized Ral eSlalC tr
~~~ 3ccount in Wisconsin. or transmit the same in accordance with the terms of the above offer.
July 19 ....... 19 E?. , Rro'
RIDER TO OFFER TO PURCHASE
0 Purchase attached hereto and dated November 3, 1982.
The following terms and condltlons are made a part of the Offer to
.( 1) Spec i a1 Improvements :
(a) The purchase price includes the following improvements:
Sanitary sewer mains and water mains. fully paid for and
available for use by Buyer. Buyer will connect to sewer in
the road at Buyer's expense.
(b) Improved streets to be paved to the lot line of the
premises described herein. If said streets are not
permanently surfaced at the time of the completion of this
transaction, said streets when permanently improved, shall
be at the expense of the city and no special assessments
with respect to the permanent improvements of the streets
or curb and gutter shall be assessed against the property
herein described, and the Buyer, his heirs, and assigns,
sha1.l have no further obligation with respect hereto.
0 (2) It is agreed between Buyer and Seller:
(a) The provisions of Paragraphs 13 and 14 of the rules and
regulations for the Muskego Business/Industrial Park as
adopted by the City of Muskego, by Resolution #145-70 on
July 28. 1970 and as thereafter recorded and/or amended,
are incorported herein by reference as if fully set forth
herein. Said provisions provide in effect that in the
event the buyer should desire to resell a portion of the
premises which are the subject of this contract and which
are not being used in connection with Buyer's business,
that he must first offer the same to the City for
repurchase. The City shall then have 90 days to act upon
said offer.
(b) These provision shall constitute covenants running with the
land and shall be binding upon the successors and assigns
Seller delivers to Buyer in completion of this
of the parties hereto and may be included In the deed which
transaction. Buyer acknowledges that he has received a
copy of the full text of the Rules and Regulations of the
Muskego Industrial Park and that he has read and fully
understands the same.
(3) The warranty and representation made herein survive the closing
of this transaction.
Buyer: E. H. L nke /4 Seller: City of Muskego
By: Y-4 1 By : E. H. Lanke
By: Af &Llkzz4
-Charlotte L. Stewarx Clerk
I 'li .
1 I
CERTIFIED SURVEY MAP NO. /-"'a
PART OF NE 114 SEC. 17, T5N. R20E
CITY OF MUSKEG0
WAUKESHA CO., WISCONSIN
BEING A REDIVISION OF C.S.M. NO. 2508, DOC. NO.
939398, VOL. 18, PAGES 155, 156 6 151, OF CEHTlFIED
SU](VEY .MAPS, RECORDED FEB. 6, 1976 WAUKESllA COUNTY RECXSTER OF DEEDS.
."
SCALE IN FT.
0-INDICATES IRON PIPE SET I''P2'
.-INDICATES EXIST. I"x24" IRON 1'1
I I3 LBSILIN. FT,
APOLLO "~_ ~ \ DR. IDENTIFIABLE MERIDIAN EAST LINE NE 1/4 ,SEC. 17,T5N ,fi20E
ASSUME0 BEARING N 0°28'15"E - +
UNPLATTED LAND
'
I I MUSKEGO INDUSTRIAL PARK
I
BLK 2
I S 55" 20' l5"W
226.67'
EAST v4 COR.
SEC. 17,T5N,R20E
PREPARE0 BY i
RUEKERT 6 MIELKE ,If
CONSULTING ENGINEER!
LAND SURVEYORS WAUKESHA ,WISCON!;II
1024
THIS INSTRUMENT DRAFTED BY: NOEL, J. PLANK SHEET IOF 3