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CCR1993272COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #212-93 APPROVAL OF OFFER TO PURCHASE Muskego Industrial Park - Balistreri WHEREAS, the City has received an Offer to Purchase from Frank Balistreri for a 3.5 acre'parcel on Mercury Drive, in the City's Industrial Park; and WHEREAS, certain amendments have been proposed to the contract and the City's acceptance of the Offer is contingent upon the buyer executing the attached amendments prior to the acceptance of the Offer. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the City's broker and the Finance Committee, does hereby approve the attached Offer to Purchase and attached Amendment to Contract of Sale for a 3 plus acre parcel in the City's Industrial Park for the price of $29,000 per acre. BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to sign the necessary documents in the name of the City upon review and approval of the City Attorney. BE IT FURTHER RESOLVED that the City Engineers are hereby directed to prepare the appropriate Certified Survey Map. DATED THIS 14TH DAY OF DECEMBER , 1993. SPONSORED BY: FINANCE COMMITTEE Ald. Patrick A. Patterson Ald. Edwin P. Dumke Ald. David J. Sanders This is to certify that this is a true and accurate copy of City of Muskego. Resolution #272-93 which was adopted by the Common Council of the 12/93 jmb RIDER TO OFFER TO PURCllASE attached as if fully incorporated thereln and dated 11/16/93 by and between The following terms and conditions are made a part of the Offer to purchase the city of Muskego, as Seller, and Frank Balistrerl as Buyer. I. Special Improvements: A. The purchase price includes the following improvements: Sanitary sewer and 2" water laterals are at lot line and fully patd and available for use by Buyer. Uuyer will connect to sewer and water at Buyer's expense. Electric and telephone service is available along lot line. Natural gas is available in Drive. 'I ,/ I B. 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 shall be assessed against the property herein described, and the Buyer, his heirs and assigns, shall have no further obligation with respect hereto. 11. It is agreed between Buyer and Seller: A. The provisions of paragraphs thirteen (13) and fourteen (14) of the Rules and Regulations for the Muskego Industrial Park as originally adopted by the City of Muskego Industrial Park as originally adopted by the City of Muskego by Resolution #145-70 an July 28, 1970, end further extended to cover Muskego Industrial Park Addition #l on May herein. Said provisions provided in effect that in the event the 27, 1986, are incorporated herein by reference as if fully set forth Buyer should desire to resell a portion of the premfses which are the subject of this Contract and which are not being used in connection wi.th Buyer's husiness, 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 8. These provisions shall constitute covenants rllnning with the land and shall be binding upon the successors and assigns of the parties hereto and may be included in the deed which Seller delivers to Buyer in completion of this transaction. Buyer acknowledges that he has re'ceived a copy of the full text of the Rulesand Regulations of the Muskego Industrial Park and that he has read and fully understands same. c, The warranty and representation made herein survive the closing of this transaction. BUYER: Frank Balistreri SELLER: CITY OF MUSKEG0 By : By: Date: Countersigned: By : Date: 10 ( ) Scllcr agrccs IU p~y $ 11 inslallalion of 29 Huycr: ScIIcr: BX :. ._ .. Jean K. Marenda, 'dieric 32 I'AI<I II: NOIICL KELATINC '1.0 CONTI<ACr 01' SALE This norice by (Seller) (Uuyer) rclilrcs 10 IIIC ullcr dxcd , 19. ,and acccp1ed , 19 , lor rl~c ~:urcl~i~n! and SJIC of real cslalc 21 .. 41 2. Nul~cc is give11 hal: 43 42 45 44 48 Uuycr: 49 Uuycr: .. .... ATTACHMENT TO AMENDMSNT TO CONTRACT OF SAL3 Balistreri 1. Line 65, ,the date for accc'pr;ance is changed from December 10, 1943 to December 20, 1993. 2. Line 60 is changed from "Ssller Warrants" to "Map dated 12-1-92 indicates none of the property is located in a f hod plain. I' 3 I Line 82 is changed from "Seller Warrants" to "Map dated 1992 indicates none of the propsrty is located in a wetland 4. Subject Parcel is amezded to include 3t Acres as outlined on atzached map. 5. The Seller's o'aligsticn LO conclude this transaction is conditioned upm. the Seller and/or others taking all steps necessary to meed the City of Muskeco's Land Division Ordinmce to sllow the lot which is subject to chis Offer to Purchase to be created by this certified Seller's sole sacisfzction on or before ten (10) days survey. If this process is not completed to the prior to the clozing date, the Seller, at its sole option, may declare said Offer to Purchase null and void. and. z11 earnest rnci;ey shall be rehnded to the Buyer. ,. ............................................... .J 10 01 F.41 414 T9i 8940 !IOOSEY LeS.4GE ......" - 003 I PREPARE0 BY: RUEKERT & MIELKE. INC. W239 N1812 ROCKWOOD DR. WAUKESHA. WI. 53188 N -GRAPHIC SCALE 1" = 100' LOT 1 TOTAL = 3.6691 A :. 159,828.15 S.F. 3 b 4 """""