CCR19940910
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #91-94
RESOLUTION AS TO OFFER TO PURCHASE
BE IT RESOLVED that the Common Council of the City of Muskego,
upon the recommendation of the Public Utilities Committee, does
hereby approve the attached Offer to Purchase made by the City of
Muskego to Waste Management of WI, Inc. for zero (0) dollars for
a parcel of land, legal description contained in said offer, for
a water reservoir site.
BE IT FURTHER RESOLVED that this offer is contingent upon the
adoption of Resolution #90-94 which addresses the sewer and water
assessments on the property.
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 26TH DAY OF APRIL, 1994.
SPONSORED BY:
I
This is to certify that this is a true and accurate copy of
Resolution #91-94 which was adopted by the Common Council of the
City of Muskego.
2nd
4/94jmb
PUBLIC UTILITIES COMMITTEE
Ald. Donna M. Woodard
Ald. David J. Sanders
21 22 THE suyER,.s OBI,iGAT,~O.N TO C0NCl~~~Uri~ l~ilis 'rKANsAC.rioN~ Is coNi)Il;iONEDuI.,ON~TH.E .cON.suM~MATroN
23 OFTHE'FOLLOWING:
24 (If this offer is subject to financing, survcy,, perculation lesl. specific zoning or use. approval uf recorded building and use 25 restrictions and covenants, or any other contlngency. it must be stated here. If none. so state.)
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47 Buyer agrees that unless otherwise specified, Buyer will. in goud faith. pay all costs of securing any financing to the extent
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18 permitted by law. and will perform all acts necessary to expedite such financing.
50 delivered free and clear ofencumbrances: all fixtures; and all garden bulbs. plants, shrubs and trees.
lncludedinthepurchasepricearesuchofthefoll,,win~itlemsasmaybeonthepropertyonthedateofthisoffer,whichwillbe
51 ADDITIONAL ITEMS INCLUDED IN THE SALE: ,!'@ne:.
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54 l'I'EMS NOT INCLUDED IN THE SALE: .NQ.X:.
55 ,,
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60 . . . . . . . ~ ~ , provided none of the foregoing prohibit present use,
61 andSellershallcompleteandexecutethedocumentsnecesa~rytorecur~lht.conveyanue.(WARNINC:Recordedbuildinganduse
fi3
62 restrictions and covenants can have material impact on the use of or improvements to the.property3 "
Thisofferisbindinguponbothpartiesonlyifacopyoftheacceptedoffertsdeposited,pustageorfecsprepaid,intheU.S.maiI
64 . or a commercial delivery system. addressed to Buyer at ! MUS&g.Qc w?. .5?.150
Geelivery ufthe accepted offer to Buyer on or hcfore Nay .13, 1994 Otherwise, this offer
or by personal
G6 IS vold and all earnest money shall be promptly returned lo Buyer. Muskego City Hall, W182
67 This transaction is to be closed at the office of Buyer's mortgagee or at the office of / .s8200 .R.?+Ci.W. .Aye.! ,MUSk?X!,W:
tiA on or befnre JrIne 13.
ti9 I.egal possession of property shall be dclivcred hy Buyer on date of closing.
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71 under (oral lease)(written lease). which terms arc: DO. leases ill .effe.Ct.
It is understood the property is now occupied by .Vacant
City of Muskego, P.0. SCJX 903,
19.94 , or at such other time and place as may be ayrecd in writing.
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7:) Occupancy of .the ,P.F~~SS.S shall be given to Huycr on closing . . . ~
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2. AcommitmentFromatitleinsuranceccom~anvli~ensedinWisconsintoissuetitleinsuranceintheamount
Olfer in countered (Seller initial.) By : ..
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LZGAL DLSCXIPTION
Lot 1 of Certified Surwy Map Kc 1300, zecorded on February 24,
22, as Document No 1943.516, bzing a part of the NW X of the N2 3
1994 in Volume 62 of CelTified S,~r'vc.y Maps on Pages 20, 21 and
of Section 18, Town 5 Ncc:h, Range 20 East, City of Muskego,
County of Waukesha, Static of Wisconsin.
Part of Tax Key No. MSKC 2124.991
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S'?ECIAL PX0VJ:SIONS
1. Seller shall pay a-,l 1994 prope:~'i.y caes on property know:
as Tax Key Nc.. %22!).99'1 As 'io t!le portion of the property
being purchased by the 13uyer, chc. proportionate share of the
taxes based on laficl value Lased on the 1993 taxes shall be
prorated as of the dscc 3: c1osin.g acd the Buyer shall
reimburse the Seller BC the tix of payment of said taxes
being purchased
for its prorated share of the taxes only on the property
2. Special assessments on che pcopr?rty consist of the followino
and shall be paid 21s follows:
A. Water reserve capacit;y assessments and sewer reserve
property the Iluycr is buying and on the portion of the capacicy assessments shal.1 remain on the portion of :he
property remaizing ir: rile ownership of the Seller, acd
when and if said assessments hecamc due, shall be the
responsibilicy of Lhc? cwner of each of said properties.
E. The only other s.ssess!wnLs are water frozt foot
assessment in c?.c a~nemt cf $a, 553.59 as of April 21,
1994 and sewel: f.ront 2oot. assessment in the amount of
$19,349.05 as of Ap.ri1. ?:I, 'I <?94 as to the entire parcel
Tax Key No. 2259 997. The arnnunt of the water front
No. 2229.997 king acquired by the City is $5,004.73 5s
foot assessmenc atKributah1.c to chat portion of Tax Key
of April 21, :.594; Lk $5,004.73 referred to above is a
portion of the def?rr?d water assessment and not ths.;
portion of the wacer assessmPnt being paid on
installrents. The amount of the sewer front foot
assessment attribucable i.0 that portion of Tax Key No.
2229.997 beim; acquixd hy the City is $11,620 07 as of
April 21, 1994: the $11,620.07 referred to above is a
portion of :hc deferred szwer assessment and not tha:
portion of rrht: sewer assessment being paid on
installaents. As bet.w.rcen 'the nuyer and the Seller, the Buyer shall bt: responsible for said assessments
attributable 1:s ';ha porrion of r.he land being purchaaed by the Buyer ;:.$ state[i ~bovc: A11 remaining Water and.
when due.
sewer front foot assessmenrs shall. be paid by Seller
2. The Seller a.op.roachd ,t:.he cj.~,~ ,:!:: Nuskrgc wishing to give
the property"which is the s~'k-jec;t lnatlter of this transaction
to the City as it is contclnp:l,Gc+d that the City will be
building a water reservoir on the property which is the
subject of this transactio; which will benefit the Seller if
area of its landfil.1. The parti?$ agree :hat the Seller there are any further problcnm with private wells in the
Buyer would not and is not proceedj.ng in accord with its approached the Buyer concmnirlg this transaction and that
hereby waives any rj,cJht.:; LC my ?:sve pursuant to Wisconsin
condemnation power:;. ror -m;I.wbk consideration, the Seller
Condemnation and l?c:lacatic~r~ I,;lw
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