CCR1994262COMMON COUNCIL - CITY OF MUSKEGO
AMENDED
RESOLUTION #262-94
OFFER TO PURCHASE FOR LAND ACQUISITION
FROM WEPCO FOR BIG MUSKEGO LAKE ACCESS
WHEREAS, the City of Muskego desires to purchase a parcel of
land, Tax Key No. 2210.993, from Wisconsin Electric Power Co.
for parking for the recently acquired public access and boat
(WEPCO) for $1,000 for the purpose of providing additional land
launch site on Big Muskego Lake; and
WHEREAS, the attached Offer to Purchase has been prepared so the
City may proceed with the land acquisition; and
WHEREAS, the Plan Commission, Parks and Recreation Board and the
Finance Committee have recommended that the City execute said
Offer.
NOW, THEREFORE, 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, as
amended, for the City to acquire land from Wisconsin Electric
Power Co. for $1,000 with funds to be obtained from the Parks
Dedication Fund.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to
execute the attached Offer in the name of the City.
DATED THIS 13TH DAY OF DECEMBER , 1994.
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
Resolution #262-94 which was adopted by the Common Council of the
City of Muskego.
12/94 jmb W
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #262-94
WHEREAS, the City of Muskego
land, Tax Key No. 2210.993,
for parking
(WEPCO) for
launch site on Big Muskego
WHEREAS, the attached Offer
City may proceed with the
WHEREAS, the Plan
Finance Committee
Of fer.
NOW, THEREFORE, BE
Committee,
the City to
$1,000 with
BE IT
DATED THIS DAY OF , 1994. / SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David J. Sanders
This is to dertify that this is a true and accurate copy of
which was adopted by the Common Council of the
City Clerk
12/94 jmb
I
~~-1.7 VACANT LAND~FFEHTO PURCHASE
Muskego ..... , Wisconsin. Nov.ePlxr 22,. I9 .?4
2 THEHROKE~DRAF~]NCTHISOFI;~RIS'~H~~AGENI'OF(St.:LL~:~)(BUY~R)~Strikeasapplicahle~.
3 @ACCEPTED. THIS OFFER CAN CREATE A LEGALLY ENFOKCEABLE CONTRACT. BOTH PARTIES
4 SHOULD READ THIS DOCUMENT CAREFULLY AND UNDERSTAND IT BEFORE SIGNING.
5 The undersigned Buyer, CI?. .oF .?!?SKEG?., a. .wi.Sconsi.n. Mun.ici.pa1. corporation.
7 in the .City of ....... Muskego, ............ county of ............ Waukesha
6 hereby offers to purchase the properly known as (Street Address) See ............................... Attached Exhib'&' '"A;"
8 more particularly described as: .??.e At!?ch?d: Exhibi.? ':A!'
9
LO ..... ............
, Wisconsin.
...........
11 at the price of me Thousand, and, I) orlars($1:!000.00-"")
I2 and on the terms and conditi<,ns as fulluws:
13 Earnest money of$ In the form uf ."(a. tendered with this offer. Addilional earnest
14 muney of $ ?!La. in the form of n/a. 11, be paid within .!!a days ~Iacccptance of this dfer XH
15 . . ~~ ~~ . ~ ...... and the balance in cash at closing.
IC, Failure of nuycr to make carnest m<,ney payments as providcd voids at Scllcr's optinn. Earnest money. if held IIY hrokcr.
17 shall bc held in selling broker's trust ;Iccounl priur 11, ;~cccpt:~ncc olcrffur and thcrrafter in listing hrokcr's Lruslaccount or until 18 applied 1c1 thc purch:lsc price :11 cl<>sing or dishurscd :IS provi<lc.,I hcrcin or permitted !)y law.
15) TIM~ISO~'~III~~I~~SSI~~NCI~~ASI~~~:~
20 OCCUPANCY, 1)A'l'K OF CI.OSIN(; ANI) AS'I'O ALI, IIA'I'KS INSISIWKI) IN 'I'IIIS Ol;l~l<lt KXCl,:I''l'. ?!'?!E*,
,A~Cl~l"l~AN~~l~~,l,l<~~Al,l'OSSKSSlON,
21 .............. ......................................................................................
22 THE ~llY~l~'SOl~l.l~A~~l~NT~~~:~N~~l,Ul~~'l'lllS'l~l~ANSA~:'l~lON ISC~~NI)I'I'IONI~I)1Jl'ON1'1I~~~NSUMMA'l'l~~N
..
2.5 rustrictions ;tnd covc~~;~nts, or ;III.V oll,cr <:ontingwl<:;,. it nlust IN, sl:>tr,l 1,~~:. If none. so state.)
?(; 1,- The. .Winconsin. Elect~ic. .SPY~Y. ,Compa.ny, hall. .conduct .a ?has?. .I. Envi.ronmental Real .Estate
27 Assessment .............. prior,to ........ closing. The written results ...... of said assessment shall ......... h? provided
28 ............................. to the Buyer at least 30 days ......... prior to closing. ...... If ..... the guyer, ..... at its sole ..... Option,
terminate this ag,reement and the same shall be null and void by tit ten^ notice to the ..
..............................................................................
31 wisconsin .Electric ,?over C.oml?any prior to closinqt
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57 Sellers'hall; upon payment ofthe purchase price,convt.y lhe property bmdeed,urotherconveyanceprovidcd hercjn,
58 freeandclearofallliensandencumbrances,excepting:municipalandzuningord~nances,recordedeasementsforpubl~cut~l~t~es
59 serving. the property. recording building and use restrictions and ruvenants, general taxes levied in the year of closing ;wiwc
.suit;. .claim
60 ....
61 andSellershallcompleteandexecutetht.ducumentsnccessarytorecordLheconveyance.(WARNINC:Recordedbuildinganduse
, provided none of the foregoing prohibit present use.
62 restrictions and covenants can have material impact on the use of or improvements to the property.)
63 Thisofferisbindinguponbothpartiesonlyifacopyoftheacceptedufferisdeposited.postageorfeesprepaid,intht.U.S.mail
64 or a commercial delivery system, addressed to Buyer at .! .MVSkW.Qt. ?!I. .53150. . . or by personal
65 .,delivery of the accepted offer lo Buyer on or before December ............. 22,. 19.94 Otherwise, this offer
66 is void and all earnest money shall be promptly returned to Buyer.
68 on or'before .January. .L. 19.95. ., ur at such other time and place as may be agreed in writing.
69
70
Legal possession of property shall be delivered by Buyer on date of closing.
71 under(ora1 lease) (written lease), which terms are: .da.
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City of Muskego, P.O. Rox 903,
67 This transaction is to be closed at the office of Huyer's mortgagee or at the office of Muskego ... City Hall ..
It is understood the property is now occupied by .no. .One. .... ...
Occupancy of the. .~remi.SeS. shall be given to Buyer on. .closing:.
..
........................................................................... .................................
1n:l 102 be on the hasis of $.
SpeciaIassessments,ifany,forworkonsiteactuallycommencedorleviedpriortodateofthisoffershaIIhepaidbySeller.All
104 other s~ecial assessments shall be oaid bv Ruver. (Caution: Considcr a suecia1 agreement if area assessments or homeowners'
estimated annual tax.
(05 association assessments are contemplated.)BljYer's
10tiBuyerWOrs shall provide to Buyer at -expense at least three (3) husiness days hefore closing,-
I
I07
2. Acommitmentfrom a title insurancecompany licensed in Wisconsin toissue titleinsurance in theamount
,19. BY :.
l!l. ill
~....
(Seller)
-
(S4:llor
111.
, I !I
PLAT OF SURVEY
Owner .- EXHIBIT "A"
~1 3escrlption of Parcel no. a - Part of Oovernment Lot 1 in Irectlonal Seotion 13, Township 5 Bcrth, Bangs 20 East, Town of Wakego, laukeeha County, Vlsooneln, whloh ?a bounded and described e8 follow8: Comeacing at a point in the East ?.$ne of raid Government Lot 1, Bald point being
EO2.90 ft. aorth of the Southeast oorner thereof; running thenoe Borth along the Eaet line of Gc.ld Government Lot 1, 203.00 It. to a point in the oenter line of highway; thence B.51000'11. along the oelter line of
P point; thenoe S.8l0i5'4Um~. 229.98 ft. to the point of comsncenent, raid highway, 153.78 It. to a point: theaor S.f!Z0O8'57"W. 205.94 It. to
oontalnfng 1.01 aorem of land more or 1088.
County, Winoonein, ihloh is boundid and deeirlbed ae Iollaws: Cornenclng nt the Southeast oorner of Bald Gorernraent Lot 1; running t.hsnce S.89'
point; thenoe E.38 57'03"Vl. 322.88 ft. to a polnt; thence S.01°15143"2.
OO'B. along the Sogth line of maid Garernaent Lot 1, 98.60 It. to 0
S*uth along the &st llne of 80id Covernnent Lot 1, 202.90 it. to the
304.98 tt. to a poht in the hat line of aaid Gclrern3ent Lot 1; thence
?,in6 or oomenoement, oontainlng 0.39 acres or Land more or leas, also
dart, or Lot 1 in Block 1 3.n Boltla Subdivision on Big Muekego Lalo,
b.q:rg 0 subdiPiSiOn of a.:pnrt of Government Lot 2 in the southwest 114
3i' Section 13, Tomrhlp i,.Borth, Ran@ 20 bast, rhlch is bouded acd
.bt ?:; running thenoe S..'F730'Y. along the Bath line of said Zot 1 and
ftecoribed as rollowe: Cc.eancing at the Eartheasterly oorner of 80id
the Louth line of Corern9L.llc Lot 1 in raid fractional Section 13, 63.25
It. to a polat; thence S.iSS57'03"B. 16.89 rt. to a polnt in the South-
llne o!: iiolr Drlve; thenc Lorthaaaterly along the pro of eald cuve srlg line of said Lot 1, slid point being also 1n the outed Eortherly
and a.lo3g the hrtherly !.SJe of Holr Dllra, whose radius is 110.00 It. origin to the Southeast cad rhora-ohord is 54.44 ft. and boar8 R.74°401
-_
26"Z. 55.01 it. to the pFb\ Of oomnecement. i
3
c . . c-
-c . .
EXHIBIT "B"
SPECIAL PROVISIONS:
1. The Wisconsin Electric Power Company may conduct selective
clearing on the subject parcel prior to closing.
2. The Quit Claim Deed shall reserve to the Wisconsin Electric
Power Company a 125 foot wide easement for its transmission
line facilities on the subject parcel in the area designated
on Exhibit "C", a copy of which is attached hereto and made
a part hereof, and shall be on the terms and conditions as
and marked Exhibit "D"
set forth in a document attached hereto, made a part hereof
3. The Wisconsin Electric Power Company hereby covenants and
agrees that the sale of real estate is not subject to
Wisconsin Condemnation Law and Relocation Law and hereby
waives any and all rights, benefits and appeals which might
be available under said law.
_r .- ..
"Excepting and reserving unto Wisconsin Electric Power
Company, its successors and assigns, the right,
permission and authority to construct, erect, install,
operate, maintain and replace one (1) transmission line
structure of such material as Wisconsin Electric Power
Company may select, together with the necessary
crossarms, appliances, footings, stub supports,
underground accessories and anchors and guy wires upon,
along, over and across all that part of premises
contained within the boundaries of the hereinafter
described strip of land 125 feet in width, the centerline
of which is described as follows:
Commencing at a point in the south line of the
Northwest 1/4 of Section 13, said point being
1,327.9 feet west of the southeast corner of
said Northwest 114; thence North 10 degrees 49
minutes 350 feet to a point; thence North 0
degrees 43 minutes East to a point in the
centerline of Durham Road and the point of
termination.
Wisconsin Electric Power Company further reserves the
right, permission and authority to string, install,
operate, maintain and replace wires and cables on said
transmission line structure supported by the necessary
crossarms and appliances over and across said 125 foot
strip of land for the purpose of transmitting electric
energy, communications and signals. Said wires and
cables shall be strung so as to have ground clearance not
less than specified by the latest edition of the
Wisconsin Administrative Code at all points.
Further excepting and reserving unto grantor, its
successors and assigns, the right, permission and
authority to construct, install, operate, repair,
maintain and replace a line of poles, together with the
necessary crossarms, transformers, anchors, guy wires,
brace poles and other appliances necessary and usual in
the conduct of its business, and to string, operate,
maintain and replace wires thereon, said wires shall be
strung so as to have ground clearance not less than
specified by the latest edition of the Wisconsin
Administrative Code at all points, and to construct,
install, operate, maintain and replace conduit and cables
underground, together with riser equipment, pedestals,
terminals, markers, manholes and other appurtenant
equipment; also the right to construct, install, operate,
maintain and replace switch-fuse units, together with
concrete slabs, secondary power pedestals and other
all for the purpose of transmitting electric energy for
necessary and usual appurtenant equipment above ground,
light, heat, power and pedestals, for such other purpose
as electric current is now or may hereafter be used upon,
along, over, across, within and beneath the easterly 12
feet of the premises herein conveyed.
Wisconsin Electric Power Company further
right, permission and authority to cut down
reserves the
and remove or
trim ali trees and overhanging branches now or hereafter
existing on said strip of land, to cut down and remove
brush or apply chemicals for purposes of brush control,
and to cut down and remove or trim such trees now or
hereafter existing outside of said strip of land which,
by falling, might interfere with or endanger the electric
line.
No structures shall be erected or inflammable material
placed or accumulated, or trees planted on said strip of
land and party of the second part is hereby prohibited
from altering the existing grade elevation of the
existing ground surface within said strip of land by more
than one (1) foot without the written consent Of
Wisconsin Electric Power Company.
Wisconsin Electric Power Company further reserves the
right to enter upon said strip of land for the purpose of
patrolling said line and exercising the rights herein
reserved to Wisconsin Electric Power Company.
Party of the second part, by acceptance hereof, agrees
that the complete exercise of the rights herein reserved
may be gradual and not fully exercised for some time in
the future, and that none of the rights herein reserved
ahall be lost by nonuse for any length of time.
The above reservations shall be binding upon and/or inure
to the benefit of the heirs, successors and assigns of
all parties hereto".