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CCR20002020 COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #202-2000 RESOLUTION AS TO OFFER TO PURCHASE Sewer Utility Easements Superior Emerald Park BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby authorize execution of the attached Offer to Purchase and necessary closing documents for permanent utility easements for the installation of sanitary sewer at the Superior Emerald Park Landfill property. BE IT FURTHER RESOLVED That the Mayor is authorized to make necessary technical changes, if needed, in consultation with the City Attorney to facilitate timely execution of the Offer and closing documents. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to sign the Offer to Purchase, and necessary closing documents, in the name of the City and to extend the acceptance and/or closing dates, if necessary. DATED THIS 28th DAY OF November , 2000, SPONSORED BY: FINANCE COMMITTEE Ald. Mark Slocomb Ald. David Sanders Ald. Nancy Salentine Deferred: 10/10/00, 10/24/00, 11/14/00 This is to certify that this is a true and accurate copy of Resolution #202-2000 which was adopted by the Common Council of the City of Muskego. .- -"""".., sofferstopurchasethePropertyknownas[StreetAddress] See attached 'legal description 5 Wisconsin. (Insert additional desaiption. if any, at lines 179 - 187 or attach as an addendum, line 1M);on the following terms: -4- inthe City of Muskego .Countyof WaukeSb 6. PUR-EPRICE: zero I--"---"""-"--"----"""""""""~" Dollars($ 0.00 ). 8 8 EARNEST MONEY of $ n/a 9 will be paid within da days of acceptance. accompanies this Offer and earnest money of $ n/a IO 8 11 ADDITIONAL ITEMS INCLUDED IN PURCHASE PRICE: Seller shall include in the purchase price and transfer, free and clear of 12 encumbrances. all fixtures. as defined at lines 15 - 18 and as may be on the Property on the date of this Offer, unless excluded at line 14, 13 andthefollow'ng additional items: none. 14 ITEMS NOT INCLUDED IN THE PURCHASE PRICE: none. 15 A 'Fixture' is defined as an item of property which is physically attached to or so closely associated with land so as to be treated as part 160f the real estate. including. without limitation. physically attached items not easily removable without damage to the Property, items lrspecifically adapted to the Property. and items customarily treated as fixtures includina but not limited to all: oerennial cinns: nardnn 18 bulbs; plants; shrubs and trees. &TION: Annual cropsare not included in the purchase price unless otheiwise agreed at line 13. 19~ZONING:SellerrepresentsthatthePropertyiszoned 231 ACCEPTANCE I Acceptance ocwrs when all Buyers and Sellers have signed an identical copy of the Offer. includina sionatures on ~ ~ 1-2 21 separate but idiiiitical copies of the Offer. CAUTION: Deadlines In lhe Offer are commonly &lculated from acceptance. Consider a whether short term deadllnes Nnnlng from acceptance provlde adequate time form binding acceptance and performance. 231 BINDING ACCEPTANCE 1 This Mer is binding upon both Parties only if a copy of the accepted Offer is delivered to Buyer on or " 24before Nov. 9, 2000 . CAUTION: This Offer may be withdrawn prior to delivery of the accepted Offer. 251 DELNERY OF DOCUMENTS AND WRITEN NOTICES 1 Unless otherwise stated in this Offer, delivery of documents and written notices 26 to a Party shall be effective only when accomDlished bv one of the methods soecified at lines 27 - 36. II(1) By depositing the document or written notice postage or fees prepaid in the US. Mail or fees prepaid or charged to an account with z) for delivery to the Party's delivery address at lines 31 or 33. a commercial delivery service. addressed either to the Party. or to the Party's recipient for delivery designated at lines 30 or 32 (if any), x) Sellefs recipientfordelivery (optional): ~r K,-~~~~ 3rSellefsdeliveryaddr: Superior Emerald Park, W124 S10629 South 124th Street, Muskego, WI 53150 sBuyer'srecipientfordelivery(optional): Mayor David L. De Angelis oBuyetsdeliveryaddress: City Of Muskego, P.O. BOX 749, Muskego, WI 53150-0749 34 (2) By gkiw the document or mitten mAia personaliy to the Party or the Paws recipient for delb if an irddual is designated at lines 30 or 32. s Buyer: ( 262 35 (3) By fax transmission of the document or written notice to the following telephone number: ) 679-5630 Seller: ( ) 51 I OCCUPANCY I Occupancy of the entire Property shall be given to Buyer at time of closing unless otherwise provided in this Offer (lines 38 179 - 187or In an addendum per line 188). Occupancy shall be given subject to tenant's rights. if any. Cautlon: Conslder an agreement 49[ LEASED PROPERTY I If Property is currently leased and lease(s) extend beyond closing, Seller shall assign Seller's rights under said B which addresses responslbllity for clearing the Property of personal property and debrls, If applicable. 41 lease(s) and transfer all security deposits and prepaid rents thereunder to Buyer at closing. The terms of the (written) (oral) 1- 41 lease@). fany,are n/a e ~~ Musk-0 City Hall 50 Lp 51 '-_ *. - h. w fi 52 " tw IY 1 PROPERTY CONDITION PROVISIONS 1 PROPERTY CONDITION REPRESENTATIONS: Seller represents lo Buyer that as of the date of acceptance Seller has no notice 51 or knowledge of conditions affecting the Property or transaction rp& . - ' . UP "" 56 n 5B 9p A -condition affecting the Property or transaction' is defined as folldws: " ' ~ m (a) planned or.mmmenced public &mprovevnE which may resun in spedal assessments or othemise materiallyaffect the property *, . ~. . [page 2 of 5. w3] 61' orthemtu%oftheRoperty; . a@) completed or pending reassessment of the Property'for prope+x purposes: Q (c) government agency or cnurt order requiring repair, aneramn or canection of any existing condition; 61 (d) any land division involving the subjed Roperty. for which required state or bcal approvals had not been obtained: 55 (e) any potIim of the Propecty being in a 100 year Roodplain. a wetland or a shoreland zoning area under local, state or federal 66 (0 conditions constituting a significant health or Mfely +rd for -pants of property; 67 (4) underground or abov.qround storage tanks on,the Property for storage of flammable or combustible liquidsjnduding but not limed to 69 Comm 10 contalns qlsbalion and operation rules for such unde&mxmd and abovegmund smge tanks. 68 .gasoline and heating oil which are'cuqntly or which were prevlously located on'lhe Property; NOTE: Ws.'Adm. code, Chapter m (h) material violations of environmental laws or other laws or agreements regulating the use of the Property: 71 0) high voltage electric (100 MI or greater) or steel natural gas transmission lines located on but not directly serving the Property; 72 0.) any portion Of the Property being subjed to, or in violation of, a Farmland PressWafion breemenl under a Counly Farmland PmWn n Plan or enmlled in. or in violation of, a Forest Crop, Woodland Tax. Managed Forest. Consewabon Reserve or COmparaMe program; 14 (k) boundary disputes or material violation of fence laws Vis. Stats. Chapter 90) which require the erection and maintenance of legal 75, ~ fences between adjoining.properties where one or both of the properties is used and occupied for farming or grazing purposes; 76 (1) Wells on the Property required to be abandoned under slate regulations (Wis. Adm. Code NR 112.26) but which are not abandoned; n (m) cisterns or septic tanks on the Property which are currently not servicing the Property; 79 to. subsurface fourdabons. organic or non-organic fill. dumpsites or containers on Proprty which contained or currently contain toxic or 78(n) svb~ilcondi~nswhich~uldsgn~canUyincreasethemstofthedevelopmentpmposedatlines271-272,ifany,induding,butnotlimited 80 hazardous materials. Mh grwndwater. soil dins (eg. bw bad beam capacity) or excessive rocks or rock fomatbns on the Pmprty: 81 (0) a lack of legal vehicular access to the Property from public mads; 82 (p) prior reimbursement for corrective action, costs under the Agricultural Chemical Cleanup Program; (Wis. Stats. 94.73.) M reduce We value of the Property to a reasonable person with knowledge of the nature and scope of the condition or occurrence. u(q) other conditions or occurrences which would significantly increase the cost of the development proposed at lines 271 to 272 or 85 'PROPERTY DIMENSIONS AND SURVEYS: Buyer acknowledges that any land dimensions, total square footagelacreage figures. 86 or allocation of acreage information. provided to Buyer by Seller or by a broker. may be approximate because of rounding or other 87 reasons. unless verified by survey or other means. CAUTION: Buyershould verifylanddimenslons, totalsquare footage/acreage 88 ffgures or allocation of acreage information if material to Buyer'sdecislon to purchase. 89 ISSUES RELATED TO PROPERTY DEVELOPMENT WARNING: 'If Buyer contemplates developing Property or a use other than the socurrentuse,thereareavarielyofissueswhichshouldbeaddressedtoensurethedevelopmentornewuseisfeasible. Municipalandzoning 91ordinances,recordedbuildingarduse~~~ns,covenantsandeasementsmayprohibitcertainimpmvementsorusesandthereforeshould 93 assessments. charges for installation of roads or utilities, environmental audits. subsoil tests, or other development related fees may need 92 be reviewed. Building permits. zoning variances, Architectural Control Committee,approvals. estimates for utility hook-up expenses, special $4 to be obtained or verified in order to determine the feasibility of development of, or a particular use for, a property. Optional conting 96 addenda (see line 188). Buyer should review any plans for development or use changes to determine what issues should be add 97 in these mntingencies. OB INSPECTIONS: Seller agrees to allow Buyer's inspectors reasonable access to the Property upon reasonable notice if the inspections 99 are reasonably necessary to satisfy the contingencies in this Offer. Buyer agrees to promptly provide copies of all such inspedion 100 reports to Seller, and to listing broker if Properly is listed. Furthermore. Buyer agrees to promptly restore the Property to its original lm of the Property which does not indude testing of the Property, other than testing for leaking LP gas or natural gas used as a fuel source. IDI condition.?lier &yet's inspections are completed. unless othemise agreed in this Offer. An 'inspection' is defined as an observation lrn which are hereby authorized. lac TESTING: Except as otherwise provided. Seller's authorization for inspections does not authorize Buyer to conduct testing of the Properly. los A Tesr is defined as the taking of samples of materials such as sails. water, air or building materials hum the Property and the laboratory IDI or other analysis of these materials. If Buyer requires testing, testing contingencies must be spscifically pmvided for at lines 179 - 187 or 1m in an addendum per line 188. Note: Any contingency authorizing testing should specdy the areas of the Property to be tested, the Purpose lw..of test. (e.g.. b determine if environmental contamination is present), any limitations on Buyer's testing and any other material terms Of ID) the contingency (e.g.. Buyer's obligation to return the Property to its original condition). Seller adtnowledges that certain inspedions Or tests 110 may detect environmental pollution which may be required to be reported to the Wsconsin Department of Natural Resources. 111 = PRECLOSING INSPECTION: At a reasonable time, pre-approved by Seller or Seller's agent, within 3 days before closing, Buyer shall 112 have the right to inspect the Property to dete'rmine that there has been no significant change in the condition of the Property. except for 113 changes approved by Buyer. 114 = PROPERTY DAMAGE BETWEEN ACCEPTANCE AND CLOSING: Seller shall maintain the Property until the earlier of closing or 115 occupancy of Buyer in materially the same condition as of the date of acceptance of this Offer, except for ordinary wear and tear. If. prior 116 to closing, the Property is damaged in an amount of not more than five per cent (5%) of the selling price, Seller shall be obligated 10 repair 118 promptly noMy Buyerin wrib'ng of the damage and this Offer may be canceled at option of Buyer. Should Buyer eled to carry Out this 117 the Property and restore it to the same condition that it was on the day of this Offer. If the damage shall exceed such sum, Seller shall . 1m the purchase price equal to the amount of Seller's deductible on such policy. However, if this sale is financed by a land contrad or a ~19Offerdespitesuchdamage.BuyershallbeentilledtotheinsuranceproceedsrelatingtothedamagetotheProperty,plusacredittowards ,i~ . . .. .: %which albw Buyer to invesbgate certain of these issues can be found at lines 271 - 314 and Buyer may add contingencies as Sller. the insurance proceeds shall be held in trust for We sole purpose of restoring the Property. Wisconsin Stahrtes section 90.03 requires the owners of adjoining properties to keep and maintain legal fences in equal one or both of the properlies is used and occupied for farming or grazing purposes. CAUTION: Consider an Pgmment ralBuyecandSa~authoiizeiheagantsofBuyMmdSellerto~mplesofme~ertoBuyeZslender,appraisers,tltleinsurana,companies 1x1 me dellvery provlslons In thls Offer may be modified when appropriate (e.g.. when mall delivery b not deslrable (see llnes 25 - 36). InandanyothersettlementsecvlceprwidersforthetransaclionasdefinedbytheRealEstate~tPmceduresAd(RESPA). .c . .;i; :"; ., .',i p "lG.2 :,: 'L ~..<, ''. ,i ; :,;,I,' L,.;'" .,, :': '<+u.:., 'I.>. .x: . IfTnietsof&eFs$in+ 1a.not apply to a.dateor.deadline. then performance.within a reasonable tlmeofthe date or deadline is allowed before a breach occurs. $$applies $ &$ai6 oiQ&d~irie,fa?Iu&'tq pejfo~tiy&~exad&te 6r de$Iine,&a brea@.of~co%a&.if 'Time.@ of he Essenc&"does '1391 DATES AND DEAbLINES 1Deadlinasexpressed -. . .. . as i , a , numberof'days',ftom .. . , an evenciuch as acceptance,."arecalculated~excluding iathd'day the ev6ht&rred and ~wuntine iubseqy,erit calendar days. The:d&dline,explres at midnight on the last day. .Deadlines 141 expressed as a speciiic number of "business days' exclude Saturdays. Sundays, any legal public holiday under Wisconsin or Federal IU law, and other day designated by the President such that the postal sewice does not receive registered mail or make regular deliveries won that day. Deadlines expressed as a spedficnumber of 'hours" from the occurrenk of an event. such as receipt of a notice, are 1u calculated from the exact time of the event. and by munting 24.hours per calendar day. Deadlines expressed as a specific day of the 14 calendar year or as the day of a specific evenL.such as dosing, expire at midnight of that day. 147 SUCH AS WITH AN T. THEY ARE NOT PART OF THIS OFFER IF LINE 148 IS MARKED NIA OR IS NOT MARKED. , , _.. .~ . UG THE FINANCING CONTINGENCY PROVISIONS AT LINES 148 - 162 ARE A PART OF THIS OFFER IF LINE 148 IS MARKED, FINANCINGCONTINGENCY ThisOfferis&ntingentuponBuyerbeingabletoobtaina ERT LOAN PROGRAM OR SOURCE lfirsi mortgage loan commitment as described below, within - days of acceptance of this 150 Offer. The financing selected shall be in an amount of not less than 5 151 amortized over not less than - for a term of not less than ___ years. Initial monthly payments of principal and interest shall not exceed $ years, 152 Monthly payments may also indude 1112th of the estimated net annual real estate taxes, hazard insurance premiums, and private 1s mortgage insurance premiums. The mortgage may rmt include a prepayment premium. Buyer agrees to pay a loan fee not to exceed 155 costs.) If the purchase price under this Offer is modified. the financed amount, unless otherwise provided. shall be adjusted 156tothesamepercentageofthepurchasepriceasinthismntingencyandthemonthlypaymentsshallbeadjustedasnecessarytomaintain 158 0 FIXED RATE FINANCING: The annual rate of interest shall not exceed 158 ADJUSTABLE RATE FINANCINGThe initial annual inlerest rate shall not exceed 150 be fixed for %. The initial interest rate shall 161 interest rate during the mortgage term shall not excied months,atwhi* time the interest rate may be increased not more than %. Monthly payments of principal and Interest may be adjusted % per year. The maximum 154 % of me loan. (Loan fee refers to discount points andlor loan origination fee, but DOES NOT include Buyeh other closing 157 the term and anbJItizatiOn Stated above. CHECK AND COMPLETE APPLICABLE FINANCING PROVISION AT LINE 158 OR 159. %. m 162 to reflect interest changes. 16) LOAN COMMITMEW Buyer agrees to pay all customary financing costs (including dosing fees), to apply for financing promptly. and 164 to provide evidence of application promptly up on^ request by Seller. If Buyer qualifies for the financing described in this Offer or other 165 financing acceptable to'Buyer. Buyer agrees to deliver to Seller a copy of the written loan commitment no later than the deadline for loan 166 mmmitment at line149. Buyefs dellvely of a copy of any wMen loan commltment to Seller (even If subject to conditions) shall lmsatlstytheBu~r'rfindnclng'contlngen~unlessaccompanledbyanotlwofunacwptablllty.CAUTION:B~~BUYER'SLENDER 1W AND AGENTS OF BUYER OR SELLER SHOULD NOT DELIVER A LOAN COMMITMENT TO SELLER WTHOUT BUYERS PRIOR 189 APPROVAL OR UNLESS ACCOMPANIED BY A NOTICE OF UNACCEPTABIUTY. 110 SELLER TERMINATION RIGHTS: If Buyer does'not make timeb delivery of said commitment. Seller may terminate this Offer if Seller 171 delivers a written notice of termination to Buyer prior to Selleh actual receipt of a copy of Buyeh written loan commitment. IR FINANCING UNAVAILABILITY: If financing is not available on the terms stated in this Offer (and Buyer has not already delivered an 173 acceptable ban commitment for other financing to Seller), Buyer shall promptly deliver written notice to Seller of same including copies 174 of lender(s)' rejection leiter(s) or other evidence of unavailability. Unless a specifk loan source is named in this Offer, Seller shall then 175 have IO days to give Buyer written notice of Selleh decision to finance this transaction on the same terms set forth in this Offer agd this 116Offershalliemaininfullforceandeffed.withthetimefordosingextendedaccordingly. IfSellehnoticeisnottimelygiven,thisOffershall in be null and void. Buyer authorizes Seller to obtain any credit information reasonably appropriate to determine Buyefs credit worthiness 178 for Seller financino. - llol ADD~ONALPROVlSlONS/CONTlNGEN~ 1) Seller executinq the oriqinal of the attached documents mon or before closinq. 2) Seller shall remain responsible for all liabilities which are 181 the resconsibilitv of the owners of the fee title such as property taxes, Special lmassessments. ~etc. IB of the resolution adopted by: the Board of Directors of Emerald Park, Inc., a Wisconsin 3) Seller shall provide to Buyer at or prior to closinq a certified ropy mis acceptable to the City. wComration, authorizing the execution of all documents concerning this transaction which 185 1m . . 163mADDENDA:;TheaUached .documents WaremadepartofthlsOffer. (OD CONV YANCE OF TIT&: Upon payment of the purchase prlce. Seller shall convey the Property b+eW(or other I conveyance a5 .provided hereln) f&a and dear of all liens and encumbrances, except: municipal and zoning ordinances and agreements enlered under them..recorded easements for the distribution of utility and municipal services. recorded building and use ._ ... - . . ' .. 10 TITLE EVIDENCE' ' ' v .. .: .. a easement cPl.restri.ctionsandmvenants.generaltaxesleviedlntheye~rofdoslng~~ 191 . . 1% 1% for purposes of this transaction. Seller further agrees to complete and execute the documents necessary to record the conveyance. . . . (prbvlded iroine of the foregoing prohlbit present use of the Property). which constitutes merchantable title Buyer .. page4of.5.WE13 387 i FORM OF Tm EVIDENCEfSiMxshall glve evldence of We h the form of an ohe?s'polii of We in~umnce In the Bmiwnt of the wwtxhas6 pritSon a wmnt ALtli~f7irm lssued by an insurer licensed to write We insurance in Wswnsin. CAUTION IF TITLE .= &lDENE.WLL BE GWEN BYABSlRAC mLElNSURANCE PROVISIONSAND 1NSERTABS~'CTPROVISlONS~ m PROVlSiON OF MERCHANTABLE TiTL shall pay all costs of pmviding We evidence. For purposes of doslng, title evIdep< ,101 shall be a%q$ble If thecqyient~for thEtle insuram is delivered to Buyetsatlomey or Buyer not less than 3 busin@ mdays befo&,eing,.shoU&g We.to.the Properly as of a da!e no;nm" than 15 days before delivery of such,@tle@~vlden~ to be m merchantabl&subjedonl$to liens idid&ili be paid ovl of the oromeds of dosing and standard title insurance reouirements and Pl.e?cmp~ns.'a~~appropriate. .cAu~~O.N: _BUYER SHOUU) CONSIDER UPDA~~NG THE EFFEC~M DATE OF WE TITLE ~ X6 COMMlTMENTPRIOR TO CLOSING ORA "GAP ENDORSEMENT"WH1CH WOULD INSURE OVER UENS FILED BETWEEN 1wF ~D~EFFECTNE DATE OF THE COMMITMENT AND THE DATE THEDEED Is RECORDED. ~ ~~~ ~. ~ ~ ~~~ ~ ~~ "" ~~~ ~ ~~~~ Z7 TITLE ACCEPTABLE FOR CLOSING: If title is not acceptable for closing, Buyer shall notify Seller in wriling of objections to title by 208 the time Set for dosing. in such event, Seller shall have a reasonable time, but not exceeding 15 days, to remove the objections, and aDs the time forcbsing shall be extended as necessary for this purpose. In the event that Seller is'unabie to remove said objections, Buyer 210 shall have 5 days from receipt of notice thereof, to deliver written notice waiving the objections. and the time for dosing shall be extended 212 not extinguish Selleh obligations tg give merchantable title to Buyer. kl acwrdingly. If Buyer does not wakethe objections, this Offer shall be null and void. Providing title evidence acceptable for closing does 213 SPECiAL ASSESSMENTS: Special assessments, if any, for work actually commenced or levied prior~to date of this &r~shall be 214 paid by Seller no later than dosing. All other special assessments shall be paid by Buyer. CAUTION: Consldera speclalagreement 215 Karea,assessmenk,properfyowne~sassoclaUonassessmenkorotherexpensesarecontemplated. 'Otherexpenses'areone- 216 time charges or ongoing use fees for puMic improvements (other than those resulting in special assessments) relating to curb,.gutter, 217sbeet,sidewalk,sanitaryandstomrwaterandstormsewer(indudingallsewermafflsandhwk-upandinterceptorchaqes),parks,street 218 lighting and street trees, and~impact fees for other public facilities. as defined in Wis. Stat. § 66,55(1)(c) 8 (f). 2191 ENTI ?zo.tranSaction, All prior negotiations and discussions have been merged into this Offer. 'This agreement binds and inures to the benefit of RE CONTRACT I This Offer;including any amendments to it, contains the entire agreement of the Buyer and Seller regarding the zzi the Parties to this Offer and.their GUC(ZSSOR in interest. er each have the legal duly to use good faith and due diligence in completing the terms and conditions of this Offer. A iz4 material failure to perform any otiiigation under this Mer is a default which may subject the defaulting party to liabllity for damages or mother legal remedies: 226 .If Ewer defaults. seller may: , m' (1) sue for specific pettopa& and'request the earnest money as pafial payment of the purchase price: or ?a ,. . (2) terminate the mer agd tiave,the optiqn to: [a) equesl the earnest money as liquidated damages: or (b) direit Broker to retum 229 lhe earnest money and have the. option to sue'for actual damages. m .If Seller defaults, Buyer may: , m (1). sue for specific perfo+ari&: or rn (2) terminate the Offer and request the retum of the eamest money. sue for actual damages, or both. m In addition, the Parties may seek any,ptherremedies available in law or equity. rn The Parties understand hat.the avSlability of any judicial remedy will depend upon the circumstances of the situation and the 2x discretion of.the wu&. :If &er Party defaults; the Parties may renegotiate the Offer or seek nonjudicial dispute resolution Instead of a6 the <medies Outlined above. By agreeing to binding arbitration, the Parties may lose the right to litigate in a court of law those disputes m covered by the arbitration agreement.. mTHlSDOCUMENTCAREFULLY. BROKERSMAYPROViDEAGENERALEXPLANATlONOFTHEPROVlSlONSOFTHEOFFERBUT 2u) ARE PROHIBITED 0Y LAW FROM GWING,ADVICE OR OPINIONS CONCERNINGYOUR LEGAL RIGHTS UNDER THIS OFFER OR 241 HOW TITLE SHOULD BE TAKEN'AT CLOSING. AN AlTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS.N.EEDED. 2421 EARNEST MONEY 243 rn HELD BY: Unless !thewise agreed, earnest money shall be paid to and held in the trust acwunt of the listing bmker (buyefs agent 2u if Properly is not listed or seller if no broker is involved), until applied to purchase price or otherwise disbursed as provided in the Offer. 215 CAUTION: Should persons other than a broker hold earnest money, an escrow agreement should be draw by the Pariles 2% or an attorney. If someone other man Buyer makes payment 01 earnest money, conslder a speclal dlsbursement agfwment 247 rn DISBURSEMENT If negotiations do not result in an accepted offer, the earnest money shall be promptly disbursed (after Clearance 248 from payor's depository intiiution if earnest money is paid by check) to the person(s) who paid the earnest money. At closing. earnest 219 money shall bedisbursed according tothe dosing statement. if this Offer does not cbse, the eamest money shall be disbursed according 250 to a ween disbursement agreement Signed by all Parties to this Offer (Note: Wis. Adm. Code 5 RL le.W(l)(b) provides that an offer 251 to purchase is not a written disbursement agreement pursuant to which the broker may disburse). If said disbursement agreement has 252 not been delivered to broker within 60 days after the date set for closing, broker may disburse the earnest money: (1) as directed by 253 an attorney who has reviewed the transaction and does not represent Buyer or Seller; (2) into a wurt hearing a lawsuit involving the 256 Broker may retain legal services to direct disbursement per (1) or to file an interpleader action per (2) and bmker may deduct from the ?n earnest imney and all Parties to this Offer; (3) as directed by court order; or (4) any other disbursement requlred or allowed by law. .. . 1, - DB NOTE: IF ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT, BOTH PARTIES SHOULD READ .. Z7AN ATTORNEY SHOULD BE CONSULTED IF LEQAL ADVlCE IS REQUIRED. Z~~PROPERTYADDRESS: See attached 1-1 description 2m MARKED, SUCH AS WlTH AN 1'. THEY ARE NOT PART OF THIS OFFER IF MARKED WA OR ARE LEFT BLANK. w#enEi7 L5Qd mSl* cc.. m. [page5of5.WBl31 a69 OPTIONAL PROVISIONS: THE PARAGRAPHS AT LINES 271 - 314 WHICH ARE PRECEDED BY A BOX ARE A PART OF THIS OFFER IF 211 0 PROPOSED USE CONTINGENCY Buyer is purchasing the properly for the purpose of . This Offer is contingent upon Buyer obtaining the following : e 0 Written evidence at(Byefs)(Seliefs)~~ expense from a qualified soils expert that the Properly is free of any subsoil 214 condition which would make the proposed development impossible or significanUy increase the costs of such development. 215 0 Written evidem ai (Bbyets)(Seller's)~ expense from a certified soils tester or other qualified expert that indicates that n6thePropem/ssoilsatlocationsselededbyBuyerandallotherwnditionswhichmustbeapprovedtoobtainapermitforanacceptableprivale m septic system for: [insert proposed use of Property; e.g.. three ns bedrwm single famib home] meet applicable codes in effect as of Me date of this offer. An acceptable system indudes all systems approved m toilet or chemical toilet or other systems (e.g. mound system) exduded in additional provisions or an addendum per lines 179 ~ 188. 179 for use by the State for he type of properly identified at line 277. An acceptable system does not indude a holding tank, privy. composting ~BI 0 Copies at (Buyer's)(Sellets) -expense of all public and private easements, covenants and restrictions affecting the 282 Properly and a written determination by a qualified independent third parly that none of these prohibit or significantly delay or increase 281 0 Permits. approvals and licenses, as appropriate. or the final discretionary action by the granting authority prior to the issuance =of such permits. approvals and licenses at (Buyer's)(Sellefs) expense for the following items related to the proposed 285 development 287 0 Written evidence at (Buyefs)(Sellefs)~l expense that the following utility connections are located as follows ( e.g.. 288 on the Properly. at the lot line across the street. etc.): electricity ;gas 289 ;sewer 290 This proposed use contingency shall be deemed satisfied unless Buyer within 291 written notice to Seller specifying those items of this contingency which cannot be satisfied and written evidence substantiating why each days of acceptance delivers m specific item included in Buyeh notice cannot be satisfied. amapofthePmpertyprepared m by a registered land surveyor, within - The map shall identify the legal 2% descripbon of the Property. the Properly's boundaries and dimensbns. visible encroachments upon the Property. the location of impmvements. ?%ifany,and: .ISTRIKE AND COMPLETE AS APPLICABLE 1 Mdionalmapfeahres ~dedi~tedandap~rent~ts,lotdimensions,totalacreageorsquarefmlage,easementsornghts~fuav.CAUTIDK Conslderthecost which may be added indude. but are not limited to: specirying how current the map must be: staking of all comers of the Property; identifying m and the need for map features before selecting them. The map shall show no significant enmachment(s) or any information materially 01 inconsistent with any pIior representations to Buyer. This contingency shall be deemed satisfied unless Buyer. within five days of the eadier Jm Of: 1 ) Byeh receipt of the map, or 2) the deadline for delivery of said map, delivers to Seller, and to listing broker if Properly is listed, a copy JOJ ofthe map and a written notice which idenlhies the sgniftcant enmachment or the informalbn materialty imnsistenl with prior representabons. 3x0 INSPECTION CONTINGENCY This Offer is contingent upon a qualified independent inspector(s) conducting an inspection(s), at 305 Buyeh expense, of the Property and x6 JOT unless Buyer within which discloses no defects as defined below. This contingency shall be deemed satisfied days of acceptance delivers to Seller, and to listing broker if Property is listed. a copy of the inspector's the costs of the proposed use or development idenlified at lines 271 to 272. , water ;telephone ;other 316 (x)Bv: 317 Bwfssbnaturn A Print~anm HOW: David L. De Angelis, Mayor Fdr FEtN A Dale - 318 (X) By: 319 BWfs SQnsture a ~rin~ N- k: Jean K . Marenda , Clerk v Dale A 90 EARNEST MONEY RECEIPT Broker acknowledges receipt of earnest money as per line 8 of the above Offer. (See llnes 242 - 267) ?Z SELLER ACCEPTS THIS OFFER. THE WARRANTIES, REPRESENTATIONS AND COVENANTS MADE IN THIS OFFER SURVIVE CLOSING AND 323 THE CONVEYANCE OF THE PROPERTY. SELLER AGREES TO CONVEY THE PROPERTY ON THE TERMS AND CONDITIONS AS SET FORTH 324 HEREIN AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS OFFER. EMEP,&LD PARK, INC . 321 Broker (By) "er FElN A Dale . 128 Selleh Sipnature * Prinl Nam k: P Dale PJ This Oflerwas presented lo Seller by on ,aI-a.m./p.m. a1 Seller Initials. Dab. Seller Inlilsa Dale. 3x) THIS OFFER IS REJECTED THIS OFFER IS COUNTERED [See anached munter] LEGAL DESCRIPTION 20 Foot Wide Permanent Utility Easement Being all that part of the Northeast 114 of Section 36, Town 5 North, Rqe 20 East, City of Muskego, Wx~k-sha County, Wiscocsin, described as follows (see attached Exhibit "A"): Being the easterly 20 feet of lands as described in Reel 1224, Image 1256 through 1257, as Document No. 1606001 in the Waukesha County Register of Deeds. Containing 0.5614 acres (24,455 sq. R.) more or less of land. It is the intention of th~s document to describe a strip of land that is 20 feet wide, westerly of, parallel with, and adjacent to the westerly right-of-way line of "U.S.H. 45". LEGAL DESCRPTION 20 Foot Wide Pmment Utility Easeaent Being all that part of the Southeast 114 of Section 36, Town 5 Noh. Range 20 East, City of Muskego, Waukesha County, Wisconsin, bounded and described as follows (see attached Exhibit "A): Conmencing at the Northeast corner of said Southeast 114; thence S0lo2612"E, 195.00 feet along the east line of said Southeast 114; thence S83"49'06"W. 50.17 feet to a point of intersection of the north line of that property know as Parcel 1 of Tax Key No. 2304- 998 as described in Reel 1761 and Image 87 as Document No. 1869631 and the wcstcrly right-of-way line of U.S.H. "45", said point also heing the point of beginning; thence continuing S83"49'06"W, 60.21 feet along said north line; thence S01"261Z"E, 145.02 feet along a line that is parallel with and 60.00 feet west of the westerly right-or-way line of said U.S.H "45"; thence N88"33'49"F, 60.00 feet along a line that is perpendicular to the east line of said Southeast 114. to a point on the westerly right-of-way line of U.S.H. "45"; thence N0I026'12"W. 150.00 along said westerly right-of-way line to the point of beginning. Containing 0.2032 acres (8.851 sq. n.) more or less of land. - ""_ .. . . . "Li" .."A c . 50.0' Be NC :ins all that par: of the Southesst 1/4 of Section 36. Town 5 North. Range 20 East. City of Muskego. Woukesha County. Wisconsin. N I VI 0-1 TAX KEY NO. 2201-999 I I TU KEY NO. uo.498 ADMISSION OF SERVICE Due Service of a Copy of: CERTIFICATE OF COMPENSATION & NOTICE OF RIGHT TO APPEAL THE AMOUNT.OF COMPENSATION PURSUANT TO WISCONSIN STATUTE §32.05(2a) Admitted this day of , 2000. EMERALD PARK, INC. By: By: ADMISSION OF SERVICE Due Service of a Copy of: CERTIFICATE OF COMPENSATION & NOTICE OF RIGHT TO APPEAL THE AMOUNT OF COMPENSATION PURSUANT TO WISCONSIN STATUTE §32.05(2a) Admitted this day of ,2000. THE FIRST BANK OF BOSTON By: NOTICE OF RIGHT TO APPEAL THE AMOUNT OF COMPENSATION PURSUANT TO WISCONSIN STATUTE §32.05(2a) Any person named in the Certificate of Compensation, a copy of which is attached hereto, may within six (6) months after the date of the recording of said Certificate, appeal from the amount of compensation therein stated in the manner set forth in Wisconsin Statute §32.05(9) to (13) for appeals from an award under Wisconsin Statute §32.05(7). For purposes of any such appeal, the amount of compensation stated in the Certificate shall be treated as the award and the date the conveyance is recorded shall be treated as the date of taking and the date of evaluation. Dated this day of , 2000. CITY OF MUSKEG0 By: David L. De Angelis, Mayor ATTEST: Jean K. Marenda. Clerk CERTIFICATE OF Document No. COMPENSATION Pursuant to Wisconsin Statute §32.05(2a), this document shall be recorded with the Waukesha County Register of Deeds, Waukesha, Wisconsin. That the City of Muskego has acquired easements in the property described below pursuant to §32.05 of the Wisconsin Statutes. 1. The identity of all persons having an interest of record in the property immediately prior to its conveyance is as follows: Emerald Park, Inc. The First National Bank of Boston 2. The legal description of the property in which permanent easements were acquired is as follows: 0 SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "2" & "3" L Return To: Tax Key Number 3. The matter of the interest acquired and the compensation for such acquisition is as follows: The matter of the interest acquired is permanent easements for sanitary sewer improvements. The amount of compensation is $0.00. Dated this day of , 2000. CITY OF MUSKEG0 David L. De Angelis, Mayor ATTEST: Jean K. Marenda, Clerk Instrument Was Drafted by: Donald S. Molter, Jr. ~ ~~ ARENZ,'MOLTER, MACY RIFFLE, S.C. 720 N. East Avenue, P.O. Box 1348 Waukesha, WI 531 87-1 348 LEGAL DESCRIPTION 20 Foot Wide Permanent Utility Easement Being all that part of the Northeast 1/4 of Section 36, Town 5 North, Ran~e 20 East, City of Musiteso, Wauktsha Coucty, Wisconsin, described as follows (see attached Exhibit "A"): Being the easterly 20 feet of lands as described in Reel 1224, Image 1256 through 1257, as Document No. 1606001 in the Waukesha County Rrgster of Deeds. Containing 0.5614 acres (24,455 sq. ft.) more or less of land. It is the Intention of this document to describe a strip of land that is 20 feet wide, westerly of, parallel with, and adjacent to the westerly right-of-way line of "U.S.H. 45" Being all that part of the Southeast 1/4 of Sxtion 36, Town 5 Noah, Range 20 East, City of Muskego. Waukesha County, Wisconsin, bounded and described as follows (see attached Exhibit "A"): Conlnlencing at the Northeast comer of said Southeast 114; thence S01"2612"E, 195.00 of intersection of the north line ofthat propeay hown as Parcel 1 of lax Key No. 2304- feet along the east line of said Southeast 1/4; thence S53"49'06"W, 50.17 fcet to a point 99s as described in Reel 1761 and Image 87 as Document No. 1869G31 and the wcstcrly continuing S83°49'06"W, 60.21 feet alons said north line: thence SO1"2612"E, 145.02 right-of-way line of U.S.H. "45", said point also being the point of beginning: thence feet dong a line that is parallel with and 60.00 feet west of the westerly right-or-way line of said U.S.H. "45"; thence N88"33'49"P.. 60.00 feet along a line that is pcrpcndicular to the cut line of said Southeast 1/4, to a point on the westerly right-of-way hc ofU.S.H. "45"; thence N01"26'12"W, 150.00 along said westerly right-of-way line to he point or beginning. Containing 0.2032 acres (8.851 sq. R.) more or less of land. EXHIBIT "A" PERMANENT unury EASEMENT 3cinp all lha: part of the Northeast 1/4 of Seclian 36. Town 5 North. Range 20 City of Muskego. Waukesha County. Wisconsin. S r; U KEY NO. 2:0.-399 I NOMINAL PAYMENT OR NO PAYMENT PARCEL WAIVER OF APPRAISAL, RECOMMENDATION & APPROVAL Owners: Emerald Park, Inc., a Wisconsin corporation Acquisition of: See Attached Legal Description Marked Exhibit “2” & “3” Interest Acquired: Permanent Easements Sanitary Sewer Improvements The undersigned owner of land designated as in the attached legal description, containing approximately 0.5614 acres and 0.2032 acres, agrees to accept settlement in the amount of Zero as full payment for the permanent easements stated, subject to the approval of the City of Muskego. The undersigned owner having been fully informed of the right to have the property appraised, and to receive just compensation based upon an appraisal, has decided to waive the right to an appraisal. The undersigned owner further states that the decision to waive such right to an appraisal was made without undue influences or coercive action of any nature. It is intended that the instrument of conveyance will be executed upon presentation by the City of Muskego agents or representatives. Dated this day of , 2000. EMERALD PARK, INC. By: LEGAL, DESCRIPTION 20 Foot Wide Permanent Utility Easement Being all that part of the Northest 114 of Section 36, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, described as follows (se: anached Exhibit "A"): Being the esterly 20 feet of lands as described in Reel 1224, hage 1256 through 1257, a Document No. 1606001 in the Waukesha County Re$ster of Deeds. Containing 0.5614 acres (24,455 sq. PC.) more or less of land. It is the Intention of this document to describe a strip of land that is 20 feet wide, westerly of, parallel with, and adjacent to the westerly right-of-way line of "U.S.H. 45". LEGAL DESCRIPnON 20 Foot Wide Permanent Uiility Easement Being all that pan of the Southeast I14 of Section 36, Town 5 No& Range 20 East, City of Muskego, Waukesha County, Wisconsin, bounded and described as follows (see attached Exhibit "A): Conlnlencinz at the Northeast corner of said Southeast 114; thence S0Io26'12"E, 195.00 feet along the eat Line of said Southeast 1/4; thence SS3"49'06"W, 50.17 feet to a point of intersection of the north line of that property know as Parcel 1 of lax Key No. 2304- 99s as described in Reel 1761 and Image 87 as Document No. 1869631 and the wcstcrly right-of-way line of U.S.H. "45", said point also being the poinl of beginning; thence conlinuing S83"49'06"W. 60.21 feet along said north line; thence S0102612"E, 145.02 of said U.Sfi "45"; thence NSS"33'49"F. 60.00 feet along a line that is pcrpcndicular to feet along a line that is parallel with and 60.00 feet west of the westerly right-or-way line the east line of said Southeast 114. to a point on the westerly right-of-way line of U.S.H. "45"; thence N01'26'12"W. I50.00 along said westerly right-of-way line to the point of beginnins Containing 0.2032 acres (8,851 sq. ft.) more or less of land. N S 1'-15C' rAx KEY 30. 2x1-998 Ruek?rt .. :,. WAIVER OF APPEAL RIGHTS AS TO AMOUNT OF COMPENSATION PURSUANT TO WISCONSIN STATUTE 932.05 For valuable consideration, hereby acknowledged by the undersigned, we hereby waive any and all rights that we may have to appeal the award of compensation made under Wisconsin Statute §32.05. Dated this day of , 2000. EMERALD PARK, INC. CHICAGO TITLE INSURANCE COMPANY Construction Work and Tenants Affidavit 1. I am the Owner of the property (the Property) described in commitment number 1095624 issued by CHICAGO TITLE INSURANCE COMPANY 2. Construction work. (Check One Box) 0 Repair or construction work HAS NOT been done on the Property in the past six months. c] Repair or construction work HAS been done on the Property in the past six months. The total dollar amount of the work is approximately $ . All of the people who supplied labor or material are ,listed below. AU lien waivers I collected from these people are stapled to this affidavit. Type of Work Contractor Name Dollar Amount of Work Date Work Completed ~____ ~ ~ 3. Tenants. The following tenants and renters occupy the Property. (Check One BOX) There are NO tenants. c] There are tenants, but all have left the Property or WILL LEAVE as of closing. 0 One or more tenants WILL STAY after this sale is closed. Their names are: I give this affidavit to persuade CHICAGO TITLE INSURANCE COMPANY to issue its policy or policies of title insurance. I agree to indemnify CHICAGO TITLE INSURANCE COMPANY against loss caused by inaccuracies or omissions in the above information of which I am aware. Dated this day of (Year). OWNER Subscribed and sworn to before me this EMERALD PARK, INC. day of 9 -(Year) By: Notary Public, county, Wisconsin Its: My commission (expires) (is permanent): F530C R 4/16/99 lormu0 ma EASEMENT Document No. THIS INDENTURE, made this day of , 2000, by and between EMERALD PARK, INC., a Wisconsin Corporation, and THE FIRST NATIONAL BANK OF BOSTON, hereinafter referred to as party of the first part, and CITY OF MUSKEGO, located in Waukesha County, Wisconsin, hereinafter referred to as party of second part. WITNESSETH: WHEREAS, the party of the first part, EMERALD PARK, INC., owns a parcel of real estate and the party of the first part, THE FIRST NATIONAL BANK OF BOSTON, holds a mortgage and financing statement on said real estate located in the City of Muskego and described as follows: B L Return To: Tax Key Number SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "1 " WHEREAS, party of the second part has requested from the party of the first part a permanent easement for sanitary sewer improvements including construction, repair, maintenance and reconstruction of the sanitary sewer improvements. NOW, THEREFORE, party of the first part, in consideration of the sum of ONE DOLLAR and other good and valuable consideration, the receipt whereof is hereby acknowledged and confessed, do grant and convey unto the party of the second party, forever, a permanent easement for sanitary sewer improvements including construction, repair, maintenance and reconstruction of the sanitary sewer improvements in the City of Muskego, Waukesha County, Wisconsin, on, over and in the following described real estate: SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "2" USE OF LAND Party of the first part consents to the entry of the employees, workmen, agents or independent contractors of party of the second part for and incidental to the construction, repair, maintenance and reconstruction of said sanitav sewer improvements, but reserve to themselves the right to make such use of land included in said easement, subject to the ordinances of the City of Muskego, the regulations of the party of the second part, and the statutes of the State of Wisconsin as will not disturb or interfere with such sanitary sewer improvements or prevent ingress or egress, thereto for the purpose of the construction, repair, intenance and reconstruction thereof. The parties expressly acknowledge that the party of the second part may allow others not parties to this easement to use the easement for the purposes indicated above. THIS INDENTURE, upon its acceptance by the party of the first part, shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, successors and assigns. IN WITNESS WHEREOF, party of the first part has executed this indenture the day and year first above written. THIS IS NOT HOMESTEAD PROPERTY. EMERALD PARK, INC. c TATE OF WISCONSIN ) OUNTY OF WAUKESHA ) )ss. Personally came before me this day of , 2000, the above named , as the , and , as the of EMERALD PARK, INC. to me known to be the persons who executed the foregoing instrument and acknowledged the same. NOTARY PUBLIC, STATE OF WI My commission expires: THE FIRST NATIONAL BANK OF BOSTON TATE OF UNTY OF I ISS. 1 -2- Personally came before me this day of , 2000, the above named , as the , and the of THE FIRST NATIONAL BANK OF BOSTON to me known to be the persons who executed the foregoing instrument and acknowledged the same. NOTARY PUBLIC, STATE OF WI My commission expires: THIS INSTRUMENT WAS DRAFTED BY: Attorney Donald S. Molter, Jr. ARENZ, MOLTER, MACY & RIFFLE, S.C. P.O. Box 1348 Waukesha, WI 531 87-1 348 -3- P?V.CSL 1: All :hat part of the North 1/2 cf Seczion 36, Town 5 North, Ra3se 20 East, in the City 0: Wskeco, County of Wa>&esta, S:atg of Wisc=r.sin, bow.de.5 ar.6 *escribel as ,CllCWS Seci.=?izg at the Easi 1/4 corner of sai.5 Sec:ion 36; :ker.ce North O' 29' S3" Wes: al2irq t5e Easc- line Cf the Nor:::sas: 1/4 of said S+ction 36, 1223.00 feet to a point; t5esce South 87' 49' 03" West, 330 00 feet to a point; tkence Ncrch Oo 29' 53" West, Ncz:?-jcu::1 lj4 line of sai.5 Seczior. 36; tkence south 87' 46' 24" West, 1331.41 feet 132 CG fee: tc a gcin;; thence SSC:~ 870 C' 03" West, 2309 21 fsst tc a goiz: on the to a point; thence Sou:h lo 08' 35" Eds:, 1303.08 fee': to a point; the3ce North 88O 04' li" East, 693.00 feet to a point; thence Socth lo 08' 33" Eas:, 33.00 feet to a -oil- r ---- cr. :he South line of tke ?Icr;.'.'~est 1/4. of sai? Serzior. 36; thence North 8a' C4' I:" ids; zlc~s sal3 SOIL:~ liae 635.05 feet to the center of said Section 36; thence xcz5 sao C4' 17" Eas: alcns the SCCZ?. line cf the Northeast 114 02 said. Section 36. 2625.13 f=et ta :he place of be2:x:q. L .. " Being the easterly 20 feet of lmds as described in Reel 127-4, hag 1256 hub 1257, 0.5614 acres (24,455 sq. et.) more or Less of land. It is the mtention of this document to as Dccument No. 1606001 in the Waukesha County Regstcr OF Deeds. Containing describe a strip of land that is 20 fee: wide, westerly of, panllel with, and adjxccnt to the westerly right-of-way line of "U.S.H. 45". EXHIBIT "A" PERMANENT unum EASEMENT Being a11 that part of the Northeast 1/4 of Section 36. Town 5 North. Range 20 East. City of Muskego. Wcukesho County. Wisconsin. EASEMENT Document No. THIS INDENTURE, made this day of , 2000, by and between EMERALD PARK, INC., a Wisconsin Corporation, and THE FIRST NATIONAL BANK OF BOSTON, hereinafter referred to ,as party of the first part, and CITY OF MUSKEGO, located in Waukesha County, Wisconsin, hereinafter referred to as party of second part. WITNESSETH: WHEREAS, the party of the first part, EMERALD PARK, INC., owns a parcel of real estate and the party of the first part, THE FIRST NATIONAL BANK OF BOSTON, holds a mortgage and financing statement on said real estate located in the City of Muskego and described as follows: SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "1 " 11 Return To: Tax Key Number WHEREAS, party of the second part has requested from the party of the first part a permanent easement for sanitary sewer improvements including construction, repair, maintenance and reconstruction of the sanitary sewer improvements. NOW, THEREFORE, party of the first part, in consideration of the sum of ONE DOLLAR and other good and valuable consideration, the receipt whereof is hereby acknowledged and confessed, do grant and convey unto the party of the second party, forever, a permanent easement for sanitary sewer improvements including construction, repair, maintenance and reconstruction of the sanitary sewer~improvements in the City of Muskego, Waukesha County, Wisconsin, on, over and in the following described real estate: SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "3" USE OF LAND Party of the first part consents to the entry of the employees, workmen, agents or independent contractors of party of the second part for and incidental to the construction, pair, maintenance and reconstruction of said sanitary sewer improvements, but reserve to emselves the right to make such use of land included in said easement, subject to the ordinances of the City of Muskego, the regulations of the party of the second part, and the statutes of the State of Wisconsin as will not disturb or interfere with such sanitary sewer a improvements or prevent ingress or egress, thereto for the purpose of the construction, repair, maintenance and reconstruction thereof. The parties expressly acknowledge that the party of the second part may allow others not parties to this easement to use the easement for the purposes indicated above. THIS INDENTURE, upon its acceptance by the party of the first part, shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, successors and assigns. IN WITNESS WHEREOF, party of the first part has executed this indenture the day and year first above written. THIS IS NOT HOMESTEAD PROPERTY EMERALD PARK, INC. STATE OF WISCONSIN I COUNTY OF WAUKESHA ) )ss. Personally came before me this day of , 2000, the above named , as the , and , as the of EMERALD PARK, INC. to me known to be the persons who executed the foregoing instrument and acknowledged the same. NOTARY PUBLIC, STATE OF WI My commission expires: THE FIRST NATIONAL BANK OF BOSTON STATE OF COUNTY OF 1 lss. I -2- Personally came before me this day of , 2000, the above named as theof THE FIRST NATIONAL BANK OF BOSTON to me known to be , and , as - the persons who executed the foregoing instrument and acknowledged the same. THIS INSTRUMENT WAS DRAFTED BY: 6 Attorney Donald S. Molter, Jr. RENZ, MOLTER, MACY & RIFFLE, S.C. aukesha. WI 531 87-1348 . Box 1348 NOTARY PUBLIC, STATE OF WI My commission expires: -3- PAT.CZ:L 2: The Hor:h 1/2 of the Southeast 114 c: Section 36, Town 5 North, ilanse 20 East, in the Cicy of Muskeso, Comiy of Wadceska, Sta:e cf wisccnsix. ex=eatiag therefrom the follcwizs: C=cr.e?xiq a: the Nor:keas: c3r-e~ of saL2 Sactheas: 1/4; thezce West alocg the Ncrth lize tkereof, 430.0 feet; tSeace South a2 parallel to the Eas: lice of said Soctkeast 1/4, 227.0 feet; thexe Ea;:erPf to a pics in the East lire of sai2 Sourheas: 1/4, which point is 195.0 feet south of tke kicrtkeat: come- of said Sccz:ltast 1/4; thence North alcq sal2 East iixe 195.0 feet to the pia: of =e;.-.--:;= S Tu iky No 2304.998 A2CZS-C W124 510741 S 124:h S:ztez . . .. Bei11g all thar p"rt of the Sourheas: 1/4 oiSzc:ion 36, Town 5 ?ior:% Rqe 20 East, City of Muskego. Wadesha County, Wisconsin, bowded and described as follows (se: artxhed Exhibit "A"): Conmmcin: at the Xortas: corne of said Southeu: 1/J; thence SO1"26'12"E, 195.00 fee: a!ong the est line of said Southeast 1/4; thenc: SS3'49'06"W. 50.17 fcrt to a point of intersecticn of the no& line ofthat propeny how as Parcel I of Tax Key No. 2304- 993 as described in Red 1761 and Imaee 87 as Document No. 1869631 and the wcsrc:lv of said U.S.H "45"; thence YSS'jj'59"E. 60.00 fzer dons a lice that is pcqczdiculzr to fez: dongr line that is parallel wicirl? and 6G.00 kt west of the wes:t:ly right-or-wf linz the est line of said Sourheast l/4. to a point on the weskdy right-of-way line ofG.S.Ei. begiming. Containing 0.2032 acres (3,351 sq. R.) more or less of land. 11" -> -* ; thcncc NO1°26'12"W. 150.00 along said west+ righr-of-way line to be point of EXHIBIT .A-2. EXHIBIT "A" PERMANENT UnLITY EASEMENT king all that part of the Southeast 1/4 of Section 36. Town 5 North. Range 20 East. City of Muskego. Waukesha County. WiSCOnSin. 0 10 20 30 40 50 SCALE IN FEET S TAX UEY NO 2304-999 OWNER/GRANTOR: SUPERIOR EMERALD PARK LANDFILL TAX UEY NO. 23W-998