CCR1991129AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #129-91
RESOLUTION AS TO EXCHANGE OF PROPERTY
(Lee A. Delaney -- Muskego Industrial Park Addition)
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the City Broker and the Finance
Committee, does hereby disapprove the attached Offer to Exchange
Property With Acceptance (Lee A. Delaney -- Muskego Industrial
Park Addition).
BE IT FURTHER RESOLVED that the Mayor and Clerk after
consultation with the broker and City Attorney are authorized to
enter an exchange agreement acceptable to the Mayor, which shall
which may be exercised for one year after close and the property
include an option on an additional two acres at $10,000 per acre
shall be kept off the market that year, with the price to
may be on the market with 30 days to exercise option in the
increase at 8% at the start of each of the next two years, but
event an offer is received. Be it further resolved that the
exchange agreement shall be similar to the one attached but
Offer-to-Purchase concerning such matters as RCA, WCA, etc., and
shall include similar language to that used in the original
warranties and representations as to each of the properties.
shall include the most up-to-date Offer-to-Purchase with
BE IT FURTHER RESOLVED that the City Engineer is hereby directed
to prepare the required Certified Survey Map upon execution of
the attached documents.
DATED THIS 14TH DAY OF MAY , 1991.
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Edwin P. Dumke
ATTEST :
City Clerk
5/91cac
Ald. Harold L. Sanders
e
'0
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #129-91
RESOLUTION AS TO EXCHANGE OF PROPERTY
(Lee A. Delaney -- Muskego In
BE IT RESOLVED that the Common Counc
upon the recommendation of the City
Committee, does hereby
Offer to Exchange Property With Acce
approve/disapprove
Muskego Industrial Park Addition).
BE IT FURTHER RESOLVED that the Mayo
to sign the necessary documents.
BE IT FURTHER RESOLVED that the Cit
to prepare the required Certified S
the attached documents.
DATED THIS DAY OF
FINANCE COMMITTEE
/ Ald. Daniel J. Hilt
/ Ald. Edwin P. Dumke
/ Ald. Harold L. Sanders
ATTEST :
OFFER TO EKCIIANOE PROPERTY WITH ACCEPTANCE
7 AS10ALLPARCE~~OFRBAI.PROPP.RTVAII~~CTEDBYl111SAUH~EMENT.THEFOLI.OWINUT~RMSSIIAI.LA~l'LV
8 UNLESS SPECIPICALLY PROVIDED TO THE CONTRARY IlPREIN.
!9 AS TO ALL UUSINESS OPPORTUNITIES
Dl1 UNLE3S SPECIFICALLY PROVlDeD 10 TERMS SHALL AYP1.V
..... ................
THIS AOREWENT IS SUBJECT TO AND/OR CONTlNOENT UPON THE
TERMS AND CONDITIONS (STATED BELOW) fATTACIiED AS EXIIlBlT A) iavlke me)
See attached rider the Lema nnd conditionp. of which aro made a p.are of thin Offer ............................................................................................................. ................................................. to Ex=hwa if fully incorl’orated b.?F?.4P: .....................................................
152 ..................................... .............................................. . . , , . , . , , . . , ...
RIDER TO OFFER TO EXCHANGE
BETWEEN
LEE A. DELANKY
AND
04
CITY OF MUSKEG0
DATED MAY 14, 1991
The following terms and conditions are made a part of the Offer to Exchange
attached a8 if fully incorporated therein.
A. This Offer to Exchange is contingent on the folloving:
culverts with 30 foot width, concrete liner's in the bottom of che
1. City of Muskego, at it's expense, to provide: three (3) driveway
drainage ditches on both, the east and south sides of their property at a
time agreed upon by both parties.
2. ThFa Offer is contingent upon Lee A. Delaney, at his expense,
completing a sub-soil acalysis showing that the soil conditions of the
City'a parcel are sufficient and suitable to permit the construction and
ereceion thereupon of the improvornencs contemplated by Lee A. Delaney,
and that there are no environmeneal contaminates The results of such
Znalycis being acceptable to Lee A. Delaney ac his sole and absolute
diacretion. ThFs Contingency shall automatically expire at the end of 21
days from the date of acceptance of this Offer unless Leo A, Delaney
notifies City of Muskego, in writing. within the 21 day period of his
election to uae this contingency to nullify this Offer
3. City of Muskego ehall provide Lee A. Delaney a Certified Survey map
showing their property as a separate parcel prior to closing.
4. This Offer is subject to Lee A. Delaney obtaining all necessary
permits to occupy Subject property for his intended use of manufacturing.
B. Special Improvernenta:
1. The City of Muskego's property includee the following improvements:
Sanitary sewer and 2" water laterals are .at lot line and fully paid
and available For use by Lee A. Deleney. Lee A. Delaney will
connect to Sewer and water at his expense. Electric and telephone
adjacent drive.
eervics is available along lot line. Natural gas 16 available in
85/14/91 lSlJ0 8 414 797 89A0 MOONEY LsSLlGE
2. If said streets are not permanently surfaced at the time of the
completion of this transaccion, said streets when permanently
improved shall be at the expense of the City and no special
assessments with rwpect to the perlaanent improvements of the
streets shall be arisessed against the property herein describod, and
Lee A. Delaney, his: heirs and assigns, shall have no further
obligation with rosipect hereto
3. It is agreed betwetm Lee A. Delaney and City of Muskego:
A. The provisiono of paragraphs thirteen (13) and fourteen (14) of the
Rules and Regulations for the Muskego Industrial Park as originally
adopted by thc City of Muskego by Resolution n145-70 on July 28,
Addition #l on May 27, 1986. are incorporated herein by reference
1970. and further extended to cover Muskego Industrial Park
as if fully aelt forth herein. Said provisions provided in effect
that in tho event the Lee A. Delaney should desire to resell a
which are not being used in connection with Lee A. Delaney's
portion of the: premises which are the subject of this Contract and
business, that: he must first offer the same to the City for
repurchase. The City shall then have ninety (90) days to act upon
said offer.
B. These provisions shall constitute covenants running wich the land and shall
be binding upon the succ:essors and assigns of the parties hereto and may ba
included in the deed which City of Muskego delivers to Lee A. Delaney in
completion of this transaction. Lee A. Delaney acknowledges that he has
Industrial Park and that: he has read and fully understands same.
"eceived a copy of the full text of the Rules and Regulations of the Muskego
C. The warrancy and reprashntation made herein survive the closing of this
transaction.
Lee A. Delaney:
By ; Date :
LCQ A. Delaney
CITY OF WSKECO
By : Date:
Wayne G. Salentine, Mayor
Countersigned:
By !
Jean K. Harenda, City Clerk
Date;
a a
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"I INSTRUMENT WAS DRAFTED BY FRANK RUEKERT. JR. PACE 1 OF 3 I