CCR1992265COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #265-92
ACCEPTANCE OF OFFER TO PURCHASE
City-Owned Property on Holz Drive
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Finance Committee, does hereby
approve the attached Offer to Purchase and the Attached Rider
(Tax Key Numbers 2211.030 and 2211.031) in the amount of $6,000
for Lots 9 and 10 in the Holz Subdivision, contingent upon
review and approval of the City Attorney.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to sign the necessary documents in the name of the City if
approved by the City Attorney.
DATED THIS 27TH DAY OF OCTOBER , 1992.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Edwin P. Dumke
Ald. Patrick A. Patterson
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
Resolution #265-92 which was adopted by the Common Council of
the City of Muskego.
~# 10/92cac
WB-I~ VACANT LAND oFFEn'ro PURCHASE
1 .Mus.keg.o. , Wiscunsin, .Oct.oher .26,. 1.992. .I9
2 THE BROKER DRAFTING THIS OFFER IS THE AGENT OF (SELLER) (BUYER) (Strike as applicable).
mF ACCEPTED, THIS OFFER CAN CHEATk: A LEGALLY ENFORCEABLE CONTRACT. BOTH PARTIES
4 SHOULD READ THIS DOCUMENT CAKEFULLY ANI) UNDERSTAND IT BEFORE SIGNING.
5
G hereby uffers to purchase the propcrty known as (Street Address) hp.C8. .9 .&. 1.0 .U.Ql.tZ .S~.bdl.~isioP.4.
The undersigned Huyur. .Thomas .J.. .Bueche.l .and Sh.er.r.y .J... Buech.eL
7 in the .Cit.y of Muskego. , Cuunty of .W.auk.es.ha
8 more particularly described as: T.3.X .Key N,uEb.e.?$. ??.! l.7 R3.0 .Wid 22.1 1.. a3.1
9
10
11 at the priceof .s.iX .Tb.Q.U$.and. Dollars($.6..OR0..0.0. ,)
12 and on the terms and conditions as follows:
13 Earnestmoneyof$ .!,.Q!JP...O.Q. intheformof .a,.che.ck tendered with this offer. Additional earnest
14 money of$ NIB. in the form of .N./.A. to be paid within N/A days of acceptance of this offer or
,Wisconsin,
15 ...... .. .. .. ~ .. and the balance in cash at closing.
16 Failure of Buyer to make earnest money payments as provided voids offer at Seller's option. Earnest money, if held by broker,
17 shall be held in selling broker's trust account prior to acceptance of offer and thereafter in listing broker's trust account or until
19 TIMEISOFTHEESSENCEASTO:AI~DI'1'IONAI~EARNES1"ONEY PAYMENT,ACCEPTANCE,LEGALPOSSESSION. 18 applied to the purchase price at closing or dishursed as provided herein or permitted by law.
20 OCCUPANCY, DATE OF CLOSING AND ASTO ALL DATES INSERTED IN THIS OFFER EXCEPT
21 ..............................................................................................................
22 THE BUYER'S OBLIGATION TO CONCLUIIE THIS TRANSACTION IS CONDITIONED UPON THE CONSUMMATION
23 OFTHE FOLLOWING: 24 (If this offer is subject to financing, survey, perculatiun test. specific zoning or use, approval of recorded building and use
25 restrictions and covenants. or any uther contingency, it must be stated here. If none, so state.)
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47 Buyer agrees that unless otherwise specific$, Buyer will. in good faith. pay all costs of securing any financing to the extent
48 permitted by law, and will perform all acts necessary to expedite such financing.
50 delivered free and clear of encumbrances: all fixtures; and all garden bulbs, plants, shrubs and trees.
51 ADDITIONAL ITEMS INCLUDED IN THE SALE:
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53
49 Includedinthepurchasepricearesuchofthefollowingitemsasmaybeonthepropertyonthedateofthisoffer,whichwillbe
.Nan.e
NOT INCLUDED IN THE SALE:
.N D. n.e
....... ...
57 Sellershall,uponpaymentofthepurchaseprice,cunveythepropertybywarrantydeed,orotherconveyanceprovidedheyejn. ~.. .. ~ ..
58 freeandclearofallliensandencumbrances,excepting:municipalandzoningordinances,recordedeasementsforpubl~cut~l~t~es
59 serving the property. recorded building and use restrictions and covenants, general taxes levied in the year of closing and
60 ...... No ........... Other ... , provided nune of the foregoing prohibit resent use,
61 andSellershallcompleteandexecutethedocumentsnecessarytorecordtheconveyance.(WARNING:Recordedbuil~nganduse
63 Thisofferisbindin~uponbothpartiesonlyifac~,pyofthcacceptedofferisdeposited,postageorfeesprepaid,intheU.S.mail
62 restrictions and covenants can have material impact un Lhe use of or improvements tu the property.)
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or a commercial delivery system, addressed to Buyer at .W1.3.6 .$.84.27. Ho.1~ Dr .... Muskegn ,. MI. or by personal
delivery of the accepted offer to Buyer on or before .OS t.Q b.er .28,, 1.99 2. Otherwise, this offer
is vuid and all earnest moneyshall be promptly rcturncd tu Buyer.
on or before P.~.Ge.~b.e.~ .3.0
This transaction is to be clused at the uflicc uf I3uycr.s mortgagee or at the uffice of .M.us.keg.o .Ci t.y .Ha1.1.
Legal possession uf property shall be delivered to Buyer on date of closing.
It is understood the property is now occupied by
19. .9 2. , or at such other time and place as may be agreed in writing.
Vacant Land
under (oral lease.) (written lease). which terms are: NI A.
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72
Occupancyof .P.r?,PC,T.fY. shall be given tu Buyer on .day O.f .F.10.S.iP.g.
74 If Seller is permitted to occupy property after clusing. Seller shall prepay occupancy charge of$ .N/.4. per day, which
75 (shall) (shall not) be refundable based on actual occupancy.
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77
The sum of$ .N/.h. ~ shall be withheld from the purchase price to hP escrowed with ,
78 to guarantee delivery of occupancy tu Buyer ANI) FOR NO OTHER PURPOSE, which sum upon Seller's failure to deliver 79 occupancyshallbepaidtoBuyerasliquidateddam~gesorrelurncdtuSellerifoccupancyisdeliveredtoBuyerontheagreeddate.
.................................. ........
RIDER TO OFFER TO PURCHASE
Offer to Purchase attached as if fully incorporated therein and
dated October 21, 1992, by and between the City of Muskego, as
Seller, and Thomas J. Buechel and Sherry J. Buechel, as Buyer:
The following terms and conditions are made a part of the
The following is an addition to Lines 91 through 95:
Exceptions to Warranties and Representations Stated in Lines 80
to 90: The Seller makes absolutely no warranty or
purposes including, but not limited to, the adequacy of the
representation as to the suitability of the lot or building
soils for building and the Seller makes no warranties or
representations as to the suitability of the property in
question for construction of a water well. It is the Seller's
understanding that the buyers have investigated these matters
and are satisfied with the condition."
The following is a replacement for Lines 103 through 105:
All special assessments, if any, shall be paid by Buyers.
Buyers are aware that there is in existence a deferred sewer
reserve capacity assessment on said property and the payment of
the same shall be the Buyers' rrqponsibility.
BUYER:
Date: io - 2 6- 72
SELLER: CITY OF MUSKEGO
By :
Wayne G. Salentine, Mayor
DATE :
DATE :
Jean K. Marenda, City Clerk/Comptroller