CCR20010460 AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #46-2001
OFFER TO PURCHASE
McIntosh
BE IT RESOLVED That the Common Council of the City of Muskego does hereby
authorize the execution of the attached Offer to Purchase for the McIntosh 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.
IT FURTHER RESOLVED That liability insurance is required of the McIntoshes during
the time of their occupancy from the time of closing until May 1, 2001
0 DATEDTHIS 27TH DAY OF FEBRUARY ,2001
SPONSORED BY:
David L. De Angelis, Mayor
This is to certify that this is a true and accurate copy of Resolution #46-2001 which was
adopted by the Common Council of the City of Muskego.
2/0ljmb
J of Muskqo - , counly of Kaukesha
5 Wisconsin (lnsen additional description, if any. al lines le0 - le ch as an acderdum Per line 316). on *e :cilcwr.g ;e-,s:
6 PURCHASE PRICE. 3 398, bo0
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3 m EARNEST MONEY of S 0 .oo"-"-""" acz5da.ntes this Offer and earnest money ai j
9 will be paid withln n/a days of acceptance.
lo THE BALANCE OF PURCHASE PRICE will be paid in cash cr equivalert at clcslng unless othewise grovlced belcw.
11 n ACDITIONAL ITEMS INCLUDED IN PURCHASE PRICE: Seller shall inc!ude in the 2urchase pnca and transfer. ire. KC c!ear
I2 of encumbrances. all fixtures, as defined at lines 124 - 122 ard as may be on the Frcperry on tke date Of thls Offer, unless :x;:vded
I: at lines 15 - 16, and the following addltional items: sone.
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15 ITEMS NOT INCLUDED IN TEE PURCHASE i91cr: !!me.
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la separate but identical copies of the Offer. CAUT;ON: Deadlines in the Offer are commonly calc~lated from acceotance. Cansider
17 i ACCE?TANCEl Acceptance occurs ,Nhen all Buyers and Sdlers have signed an idenrical c3py of the offer, inciuclng siSr.atures sn
19 iuhether shorl term deedlines running from acceplance provide adequate lime !orWh binding acceptance and performance.
20 i 3lNDlNG ACCEPTANCE ] Thls Offer is binding upon both Parties only If a copy of the acze5ted Offer is celivered to Euyer cn or
21 before March 5. 2001 CAUTION: This Offer may be withdrawn prjor to delivery of the accepted Offer.
?? I OELI'JEilY OF OOCUMENTS AN0 WRITTEN NOTICES 1 Unless cther.vise stated in thls Mer, deliver) of dccxnents and 'unrten xiices
23 IC a ?zrry mall be effec:ive only wnen accomplisned jy one of the methods specified ar lines 24 - 33.
?J (1) By depositing the document or written notice postage or fees prepaid In the U.S. Mail or fees prepaid or charged io an acc:unr
25 wllh a c3mmercial deliver) senice, addressed ellher to the PXy or to !he Parry's recipient tor delivery desqnated ar lir.es 2i cr
25 29 !if any) for delivery :o Ihe PaWS deliverf address at lines 28 or 30.
29 Buyer's reciptent for delivery (optional): Mayor Cavid L. De Angel 1s
30 Buyer's delivery address: city Of Husk2g0, P .g. BOX 749, >kSkgO, tfl 53150-0749
31 (2)By giving he document or written notie personalty to ihe Parry.or the Parry's re2plent fcrdeirver) r( an lnolvidual IS desisnared ar 'ines 27cr 22.
32 (3)By fax fransmisslon of the document or written notice :o the following telephone number'
33 Buyer. ( 262 ) 579-5630 Seller. ( )
iJ 1 OCCUPANCY I Occupancy of the entire Properly shall be given to Buyer at bme of cicsing ur.less otkeruise provided in ;his Cffer :Ilr.es
35 293 through 297). At time of Buyer's occupancy. Properly shall be free of all debns and perscnal property except :or personal prccerr!
36 belonging to current tenants. or that =Id lo Buyer or IeR wlrh Buyer's consent. Occupanq snail be given sublea to tenant's cgnrs. tf any.
37 I LEASE0 PROPERTY 1 If Property is currently leased and lease@) extend beycnd closing. Seiler shall asslgn Seller's +pS under said
33 leasels) and transfer all seCunhl dewsits and prepaid rents thereunder to Buyer at closing. me !ems of ae (written) (oral) STiilKE CNE
39 lease(s),ifany,are No Leases, written or oral, affect. this prorerty.
40 I RENTAL WEATHERIZATION 1 This transac:ion (is) (m !STRIKE ONE: exempt from State of 'Nisconsin Rental 'Neatheriiaticn
41 Slandards (Wis. Admin. Code Comm 67). If not exempt. (Buyer] (Seller) ISTalKE ONE i will be responsible for comFliar.ce.
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42 Inciuding all costs. If Seller is responsible for compiiance, Seller sP,all provide a Certificate of Compliance ar ciosins.
43 1 PLACE OF ClOSlNGlThls transaction IS to be closed at t-w" HUSkSO Cl k'/ S~.'L
45 [CLOSING PRORATIONS) The following items shall be prorated at closmg: real estate taxes. rents. water and sewer use C52rgeS.
46 garbage plck-up and other private and municipal charges, propem) owner's assccialicn assessments. fuel and none
4;
43 prior to closing. Net general real estate taxes shall be prorated based on (the net general real estate taxes for the current year. if
Any income, taxes or expenses mall accrue to Seller, and be prorated. through :he day
49 known. othewise on the net general real estate taxes forthe preceding year) (
50 ). ~ STXlKi AND CCMPLETE AS APPLICMLE I
51 CAUTION: If prorarion on Ihe basis of net general real eslate taxes is not acceptable (for example. completedpending
14 no later than March 15. 2001 , unless another date or place is agreed to in 'Nr.1ir.S.
53 1 PROPERTY CONDITION PROVISIONS 1
52 reassessmen!. changing mill rate, lonery credits). insert estimated annual fax or other formula for proration.
54 m PROPERiY CONDITION REPRESENTATIONS: Seller represents to Buyer that as of the date of acceptance Seller has no P.0Uc.e
55 or knowledge of conditions affecting the Property or transactlon (see below) other than those idenrified in Seller's Real Estate
56 Condition Report dated 2-L5-oL , whim was recewed by Buyer pear to Buyer signmg this mer and .uh!GII is made a part of this
123 resrorlng %e ?rope-. ..
~ FlXTiJREjf A "F:xlure- is Zefined as an iiem ci prcoeny xr.ic7 ;s ,:,:,.;:caily attached IC or sa ::csely asscc:ated .with !and or
mcrovereprs so as lo be trearsd as ET! zf the real es:a!s. :r.,xcirc, ..vithout !imitation, onvs:call!/ anached items ncr easily
:15 rzmcvacle ,Nithour tamage io !he Drape?. Items ;oeclfically adasred We Pvcoeriy. ar.d Ire& customardy lr?atea 3s fixiures.
oc!udir,g. :ut nor limlled :a. all: garia;, 31Jbs: ;iar.rs: sti;lcs ar.d :rses: screen ar,c storm doors and windows: zlectnc lightins
123 iixrures; :v~rdcw snades: c-nain and :ravsrse rods: jiincs anc snu1:srs; cenlral nea:ing and ccoiing units and attz-hed equipment:
:2? 'water t.ealers and saRer.en. wrnp curnps: atiached x 5xd Occr -.cver:ncs: awrin.gs: a:!xhed antennas, sarell!;~ r?isSes and
::O ccr,corenl ;arts: Garage 5ccr cperers ar,d remore c~~.r:ols: ,r.s:ailed seczrif! system: certral vacuum systems and accesiories:
132 fou,cdatlans and docXs&ierz cn permanerr fcuncaricns. NOTE: The terms of the Offer will determine what items are
;?I In-ground sorlnkler systems and component par% hilt-in apoliances: ceding fans; fences: storage budding5 on permanent
1 X included/excluded. Address renred fixrures (e.g., water so?teners), if any.
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If %me is of the Essence' applies 9
r:o DATES MD DEADLINES-] Deadlines expressed as a nl;mber oi 'days,' from an :'/em sum as acceotance. are calcuiaied oy
,-, exc:ucirg ;?e cay ;he ?vent occurred and by counrlng subsequenr calendar 2a.p 7;e deacline ex3ireS at mldnignt on [he lasr day.
1;; Ceadlines 3xoressed as a specific numcer ci 'business da:is' exclcce Sa1u:cavs. Swdays. acy legal publtc noliday urcer
!:: ')/i:c:r$;c 31 .=e.'eral jaw. and Other day 2esigr.aieI 2y :he P:es;de?r iuc:: :P,at the ICsa SeNIce Ices not recelve :?glstered zi~l
as ;ec-:ct 3i a ;lollce. are talc-lated from :he exac: lime oi ;r.? evert. ard by c3~zllr,s 21 %c:S ;er calezdar day. De2diires
-- 3r r,z;ne -e;ular ,:elweries on !hat day. Deadllr,es expressed 3s 3 scecific vZcei 2i 'iCurS' >an tPme cccxrer.cB ci 3n evex, sei:
:X 5x:res;ed as a 5pec:fic day of the calerdar year or as the day ci 3 ipec:ilc %en[. iuc? as C!Csir,g. expire at midnlskt of :ha cay.
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. .- ;-, ;HE FINANCING C3NTINGENCY ?ROVISICNS AT LINES ll3. 163 ARE A ?ART CF THIS CFi3 IF LiNE 149 IS MAfiKEII.
:s $%INAXING CONTINGENCY: Tnis Offer 1s contingent upon 3u:Ier twg able :o cctain a
~ -3 SIJCH AS WITH AN "X THE? ARE NOT PART OF THIS OFF3 IF LiNE 119 IS MARKiJ.NIA OR IS NOT MARK3
._i :,, ,,,c"- , .CAN ZWG~AM CR SCURCE ' fin; xncace :car, ccmmiir;er.t as Iesobec ;e!cw. '.vihr __ days ci amptar.= si U,:s Cer.
._, ! -e %?a?c;c5 selec:ed shail be :n an am.our~t si not less rhan s icr a :ym 31 not less than __ years.
::J nxqace insurance ;remums. The consage may nct ;nc:ude 3 greoaycent ;reT,iurn. Ecyer asrees to pay a loan iee rot to
;; ,\lcfl[?~:, ;s?ments nay alsc tnc!ude I;i2!h ci ;he es;lnarec ilet anzual (221 ?sate .axes. ;7ar3rd ins-ranc? ?remiLIIns. and :rrrate
.:, :c ;he sare ze:centase oflP,e purcnase pnce as In this wntirgerq acc the T;cnthly ?avmezrs snail 5e adjusted as neessary to mair.lan
::6 crk,er cic8;r.q cssis.) If :t,e 9urchase prie sder thls Cter 1s modiftea. F,e Enancad amcunt. uzless oLYerulse provided. Snail be adjused
: td ip,e :em ard arronizarlon srated ancve. CHECX AND CCMPCSTE APPLICAELE ANANCNG ?RO'ilSiCN AT LINE 159 OR 160.
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,, ~. ar,cri;e.: wer mt 'ess than __ ,yean. Iciiiai ncn@.ly ;ayr,es:s ;i >nr,cioai arc! :rrerest <Ea;; 1-,01 excsed 5
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,-4 exc2ec - Db oi the ioan. (Lcan fee refers :c disczcct qonts and!or :oan onsinaucn fee. SUI DOES NOT Include Buyer 3
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- FIXED RATE FINANCING: The annual :ale oi interest shall not exceed ?a
ADJUSTABLE RATE FINANCING: The initltil arnual interest :ate snail iiot ?xceed % The inltial interss~ rate Call
:b per year, Tne
;- -_ ,.,u~~,~~n .nleresr :at? durirg :he mocqaqe term shall nor ?xce~d O'". hlontP,ly 2ayments sf prtnclpal and interes: may
!!! y&ce ;..derce ci zppllcaticn prornatly uccn quesi by Seller. If auyer cuaiifies :cr !he firarcing described in this Oiler cr sP,er
?,;.rv 3.7h,IhIl:hlE\IT auyer agrees io jay all as;cnar, firar.c:zg ccsts (inclucir.5 ,:ics;r.g fees!. :o apply fcr financing ?romotly, arb
, :( ccrnmtmerl ai :!ne 150. Buyer's deliver] of a capy of any wnnen loan commitment :o Seller (even if subjed to conditions) shall salis9
;~r.ar.c:rg ;czarable to Buyer. Suyer qrees lo deliver :o Seller a mpy cf the .ur,nen !CBP ~mr~~tmenr Po later than the deadline :Cr :oan
:sa the Suyer's Snancing contingency unless accompanied by a notice of unacceptabilify. CAUTION: SUYER. BUYER'SL5WERAA'O
j? AGENTS OF SUYER OR SELLER SHOULD NOT DELIVER A LOAN COMMIT,UENT TO SELLER WlTHOUT BUYER'S PRIOR
: ;1 APPROVAL OR UNLESS ACC0MPA"JD BYA NOTIC€ OF UNACCEPTABILl7Y
, ,- Sder celivers a ,written notice of lermination IO Buyer prlor to Seller's ac!ual receipt :i 3 copy oi Suyer's written loan c3mmitmert.
CELL:" Y:??.IINPTIGN RlC-PTS If Suyer dces nor make tlmely deiiverl of sald CommitTent. Seller may termmate this Cffer .f
, ~ i:N.rNCIN'G UNAVAILABILITY If firanc:ng is not availa5le sn the terms s!a!ed in .this Offer (and Buyer has not airead:/
;-j Over, Seiler wall then have 10 days to gve 8uyer written norice of Seller's decision :o finaklce this transaction on the same :elnS
: :r,c!ccirs czpies oi lenderjs)' relecticn !e!:er!sj cr other, evldence of uhavailabtllly Unle<&3~YoeciTrc loan source is named in this
iii sei fcch In :his Offer. and ths Offer shail remaln in full force and eilect. wlrh !he tlme'fiJr~Eosing extended accordlngly. If Selier'S
Iia notice is not timelv oiven. this Offer shall be null and void. Buver authorizes Se:ler to ootain any credit informatlon reaS0naDly
. _< - .-. ,?, :e .:xed fcr months. at vhch ilme rhe Interest rate may se iweased not more than
.,< :e qusiec 10 rerlec: lnteresl chanses.
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I 171 Zeiwered an acceptable loan commlimert ior other financing io Se!ler), Guyer mall Srcmpth deliver written notice :o Seller of same . --
ii9 approorlate to determine Buyer's credit Wonhiness for Seller financing.
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:30 ADOITIONAL PROVISIONS/CONTINGE~CIE~~ .^. 131
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:ai TITLE EVIOENCE I
183 m CONVEYANCE OF TITLE: Upon payment of the purchase price, Seller shall convey the Property by warranty deed (Or
:3S other conveyance as provided herein) free and clear of all liens and enwmbrances. except: municipal and zoning OrCinanCeS
I90 ar.d agraenents entered under them, recorded easements :or the dis:rlbullon of utlllty and municipal serdices. recorded building
131 ard use restric:ions ar;d covenants. general taxes levied in the year of c!osingm as vacant land
of ire foregolfig prohlblt-m use of ;P,e Propertyf. which constltures merchantable atle for quvoses of this transaclion. Seller
(provided none
!55 ordinances, recorded building and use resfriclions, covenanls and easements may prohibit cemin jmprovements or uses and therefore
iurtt,er agrees to complete and execute the documents necessary to record the Conveyance. WARNING: Municipal and Zoning
1% should be reviewed, particularly if Buyer contemplates making improvements to Properry or a use other han the current use.
14i m FGRXI OF TITLE EVIDENCE: Seller shall gwe evidence of title In the form oi an owner's policy of title insur pce in the amount
i5a of the Jurcnase pnce on a current ALTA form Issued by an insurer licensed to wrlte title insurance In wisconslr? CAUTION: IF TITLE
133
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, 159 E'(1OENCE WlLL BE GIVEN BY ABSTRACT, STRIKE TITLE INSURANCE PROVISIONS AND INSERT ABSTRACT PROVISIONS. *lnclud1ng gap coveraqe
A 275 PROPER~YADORESS: See attached lecral descriation bage 5 af5. WB-Ill - 2i6 OPTIONAL PROVISIONS: THE PROVISIONS ON LINES 278 THROUGH 317 ARE A PART OF THI*h IF MARKED. SUCH AS WITH AN "x
2;; THEY ARE NOT PART OF THIS OFFER IF MARKED WA OR ARE L,r
2;anG SALE OF BUYER'S PROPERTY CONTINGENCY Tnis Offer is contin the sale and c!oslng of Buyer's property . no later than
Seller may keep Se1ler.s Procen] or. the market for sale anxccept secondary offers. If this contingency is
231 made a prr of this Offer, lines 282 . 236 are also a par: of this offer unless marked N/A at line 282 or otherwise deleted.
23: gXCNTINUE3 MARKETING: If Sder accocts a :cna $de secmdarj oifer. Seller may 51ve 'wr!Ce? ncrice io 2cyer of
2?3 accsciance. ii 3uyer dces not deliver -0 S4er a wr!rten ',va!ver Ji sale of Buyer's propem :xrinser,ci and
=7Busv PROVICELI AT LINES 280.281). ;;; located at
29.1 [INSEXT OTHE3
235 RESGIREMENTS. IF ANY (e.g.. PYME'IT OF ADClTlCNAL EMNEST MONEY. WAIVE3 CF ALL C3NTINGENCIES. OR ?SOVICING
;35 OAOENCE CF SALE OR 3RlOGE LOAN. etc.)] ivlrhir, hcun of kyer's ac:ual receipt ci sald nouce. IS Cffer s?,ali ze ~cil ard ,,old.
23; 'SSEC3NDARY OFFER: Tills Cffer is secxdarl :o a ;Cor accepted offer. This Cffer s>all cecme zrlmar] uccr. celivev of
238 'wr!C?r, nor~ce io 2uyer that Ibis Sffer is prlmar). Ur.iess zlkewise provided, Seller is no1 xlisated to slve 3qer Xiica jrior io ar.y
250 .>e:!are tP,is Offer null ard '/old b; ceiivenr.5 wner nctic? ci .Nlrhdrawal io Seller ?mor :c ceiiverl ci Sa!ler's ictice :hat :h~s Giier
;30 ,tezc!;ne. ncr IS any panicLlar secxdar] Cuyer given !:.e ri5nr ic :e made prlmar; ahead .2f other seccrdarj cu'!ers. 3u.yer may
is1 is ?r:mar/ Buyer may no1 deliver ncilce ci ,Nlrbdrawai axier :?.an days aiter ac:lcrar.ce ci tP.ls Cffe:. All aher Offer
2C2 dead!ir.es wP,~cn are run from acce3rancz shall -x frcr :P,e ilme :his Offer becomes ?mar!.
253nZi PRE:POST CLOSING CCCUPANCV: Cce-oarc:/ ci mail be
2?J 51'1en io euyer cn at amipm. (Saller)(2~yer) STZIKE CNE. shall 2ay an
?E cc=:canc/ czarge oi 5
ZE.6 zcccxarc, ?end Any creamed xst iicsir.g ccaoanc; iee (shall)(srail cot) ! STaIKZ '3NE :e reiuirded taS2C 'x acuai cczdpancj.
:er day ar pacsl day ci ;relpstilosicg omupam]. P3ynenr shd ce due at ?,e :eglr,ning of me
20; CAUTICN: Consider a special agmementregam'ding cccupancy escrow, insurance, utilities. maintenance. keys, erc.
2%& INS?ECTION CONTINGENCY This Offer IS cznrirsent upon a 'Nisconsin reGislered home !nspec:or 2er;ormirg a home
219 :r,sjec!ion of the Propeq, and an inspec:lon. by a aualh-led mde?endent mspec!or, of
jo; shall :e deemed satisfied anless Suver. .NiIhin cays cf aczzptance. delivers lo Seller. and to iis:!ng 3rckar if sroperry IS
302 listed. 3 izoy ci iP,e tnspec:or'j wr:nen inspec:icn r?ccr:sj 3rd a ;written notice lisilng ihe deiec:!s: !denr!ried ;r !he ins?ec!ion
30: rspon(s) to wnicn 2uyer oojects. CAUTION: A Jroposed amendment wil/ nor satisfy this notice r+quirernenf. Bcyer snail order
01 tt,e 1ns;ec:ion and w resoonslble for all costs ai :rscec:cn. Inc!Lling any moec:lons reqtilred 3y Ierder or as :cllow-uo ins?ec:ions :o
205 it,e home inspecaon. Note: This contingenc.) only authcrizes inspections. not testlng. (See lines 9i . 110.)
:c6 a ?IGHTTOC,LJRE: Seller(sh:all)(s~aal~,ct)lS~l~CNE ~ea~r,rDcJre~edefeds,(Saler~~l~aavea~r.lo~refr.o~~~s:ndicated.)
207 if %!!er bas qnr D ure. Seller may sans& %is ccrh%mc? ;y (:) d-%we!irg a wdm min 10 d w!cr of 9wefs mhc? d Sler's elecxn
3CS T) CT? defeds. (2) any fie deiecs In a scad ar.d ,wkx?arllke mmer and (2) dHwenng D Guyer a ,vrtkT iepon deallirs xvcrk rc laler Fan
:E 3 ~ays ;ncr D dcsng. Tnls mer *:all 2e rull ard 'vcc ,f 3~y~ rakes ;meV ie'.wery ci Jle atcve nche ard repn 3rd: (1 %11w xes mt have a qht
21 0 D wre cr (2) Seller ?as a rqht D cdre tlx aJ Seller dgwers r.cm Fz! Seller .mil nc: are CT b) Cdler dces r.ct >rev delwer ?e r.cnCe ci elm :o CIE.
3:2 that ~culd have a signrficant adverse eifecl cn !he ,value of the Froperr]: that would signlficanily impair :he health or Saiery of iutUre
j11 'CEXCT' DECINED- For the pur?oses of this contingenc]. a defec! is defined as a S:Nctural, mecCanlca1 cr orher candition
3ij occscants of the Propem: or kat ;i not repatred. removed or replaced would significantly snarlen or have a slgniricant adverse
3;~ effec: on the expected normal lhfe of :he Propep]. Defects do not Include str,Jc:ural. mechanical or other conditions :he nature and
315 extent of which euyer had actual knowledge or wrlnen ncilce beiore signing thls Offer.
316 5 ADDENOA: The attached documents XXlare made pan of this Offer.
317 I ADOITIONAL PROVISIONS/CONTINCENC~ -__
3 wr.ic9 dlsc!oses no deiec:s as derired ?elow Tn!s conringency
e:
324 (X)R:i: 225 3Llerr~lgna,uraA~"n,Namer(c~a..~ean K. narenca, ~Leric -c
325 EARNEST MONEY RECEIPT Broker acknowledges recelpl of earnesl money as per line 8 ci the above Gffer. (See lines 241.271.)
327 Broker (By)
328 SELLER ACCEPTS THIS OFFER. THE WARRANTIES, REPRESENTATIONS AND COVENANTS MADE IN THIS OFFER
329 SURVIVE CLOSING AND THE CONVEYANCE OF THE PRCPERTY. SELLER AGREES TO CONVEY THE PROPERP ON
:ais A
- 330 THE TERMS AND CONDITIONS AS SET FORTH HERE!N AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS OFFER.
Tax Xay b, HSKC 2135.960
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ADDENDUM
Sellers shall execute the original of all attac on or before
closing other than legal description and
Sellers acknowledge that they have waived relocation assistance and such
waiver was approved by the Department of Commerce on 2-22-01 in
accordance with 032.197, Wisconsin Statutes. See attached waiver form.
The Sellers will be allowed to remove one (11 lilac bush and two (21 rose
bushes from the property on or before May 1, 2001
The Sellers will be allowed to remove the 314 H.,P well pump from the
property on or before May 1, 2001
The Sellers will be allowed to removed two (2) shower stalls from the
property on or before May 1, 2001
The Sellers will be allowed to remove the furnace and propane tanks from
the property on or before May 1, 2001
The Sellers will be allowed to remove the water heater from the property on
or before May 1, 2001
The Sellers will remove the two (2) existing sheds from the property on or
before May 1, 2001
The Sellers shall pay all utility costs incurred until closing and shall pay the
first quarter sewer service charges when due.
821 '288
OWNER'S INFOMATION
ADMISSION
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 , 2001
ANDREW MclNTOSH
JILL MclNTOSH,
f/k/a JILL L. FINK
ADMISSION OF SERVICE
Due Service of
CERTIFICATE OF COMPENSATION & NOTICE OF
RIGHT TO APPEAL THE AMOUNT OF COMPENSATION
PURSUANT TO WISCONSIN STATUTE §32.05(2a)
Admitted this day of , 2001.
WISCONSIN HOUSING &
ECONOMIC DEVELOPMENT
AUTHORITY
ADMISSION OF
Due Service of a
CERTIFICATE OF COMPENSATION & NOTICE OF
RIGHT TO APPEAL THE AMOUNT OF COMPENSATION
PURSUANT TO WISCONSIN STATUTE §32.05(2a)
Admitted this day of , 2001
TRI CITY NATIONAL BANK
By:
AMOUNT OF C TlON PURSUANT
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 , 2001
CITY OF MUSKEG0
David L. De Angelis, Mayor
ATTEST.
Jean K. Marenda, Clerk
0
CERTIFICATE OF
Document No. COMPENSATION
Pursuant to Wisconsin Statute
document shall be recorded with the Wau
Register of Deeds, Waukesha, Wisconsin.
That the City of Muskego has acquired fee simple
title 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:
Andrew McIntosh & Jill McIntosh
fikia Jill L. Fink, his wife
Wisconsin Housing & Economic
Development Authority
Tri City National Bank
0 2. The legal description of the property in which
fee simple title was acquired is as follows:
SEE ATTACHED LEGAL DESCRIPTION
MARKED EXHIBIT "1 "
Tax Key Number
3, The matter of the interest acquired and the compensation for such acquisition is as
The matter of the interest acquired is fee simple title for storm sewer watercourse
control improvements.
The amount of compensation is $
follows:
Dated this day of , 2001.
CITY OF MUSKEG0
ATTEST, David L. De Angelis, Mayor
0 Jean K. Marenda, Clerk
This Instrument Was Drafted by:
Attorney Donald S. Molter, Jr.
ARENZ, MOLTER, MACY & RIFFLE, S.C.
720 N. East Avenue, P.O. Box 1348
Waukesha, WI 531 87-1 348
CITY SEAL
0
Tar by Ua USKC 2195 960
MDRZXS: UlaO 51677 Pioneer Drlw
WAIVER OF APPRAISAL, RECOMMENDATION & APPROVAL
Owner. Andrew McIntosh & Jill Jill L. Fink, his wife
Acquisition of. See Attached
Interest Acquired: Fee Simple Title for Storm Sewer Watercourse Control
Improvements
The undersigned owners of land designated as in the attached legal
description, containing approximately acres, agrees to accept settlement
in the amount of
($ I Dollars as full payment for the fee simple title staled, subject to the
approval of the City of Muskego.
The undersigned owners have been fully informed of the right to have the
0 property appraised, and to receive just compensation based upon an appraisal, have
decided to waive the right to an appraisal.
The undersigned owners further state that the decision to waive such right to
an appraisal was made without undue influence 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 , 2001
~~
ANDREW MclNTOSH
JILL MclNTOSH,
flkla JILL L. FINK
mac .p=t of. the Socch: 1/74 of Sectiul 9', Wp 5 NOPA, Baceo: 20 3". in the City
of kkago, described as follows; on iorth by 'SOU* lk of the lot formerly
-d by't4lchael ~embezeder; 01: tke Ba8t by tha cenzer line of + .a0 called
Watarford mad; on the Sou12 by the 'Noril"e. of tha lot owned 'by Eon. Brothers
(which lot fa herecofore )mom as t5e Ceaaery Latl ; ad cci tkn Haat by the eeak
p~aaFng through said Section.
xxcxpm rn wm TSsmmM, t2at part cosvoyed ta Pzances U. '&arris by
warranty 0.84 dated June 1, 1347 .ad recorded 011 .;lune. 4, 1947 ii3. Volumc 440. of Deeds
wife,. by Warranty Deed. dated April 11, 1949 and recorded 01:'AprU. 13, 1949 ia Volume
at 470, M Dccumen: No. 301736,. and tl Alhert B. Czk?ec)tf .Pnd'Lscna V. his
ALBO BXcn'I3U. thac portion of cha laei above described which liea beneath a frame
490 of Dad at page 438, as WCUIUMC No. 314506,. Wauksaha Cluncyilecorla.
ahcd and garage, .brick store and dvellfq ao now situaced apd ioraorly owned by Louia
ALSO XXcIlpFINc mpRcn. that part tkerrof convayad to Xaukeabp .bty by 6n Ad
of Uanapa recordad in the Office of thn Register of Deeds for Uauk06h4 County,
Uisconnin on July 29, 1966 in Voluma 1056 of Deeds 6t page 647, as Cmuaont m.
667383
A. Hcngh urd Beulah H-iaglc. his wife.
Taw Kay Uo HMC 2195.960
ADD8ESS: Y180 37677 Pioneer Orlw
WAIVER OF APPE HTS AS TO
AMOUNT OF TlON PURSUANT
I
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 , 2001
ANDREW MclNTOSH
JILL MclNTOSH,
fikla JILL L. FINK
(Attorney working on Offer. Will be available at Council meeting.)
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #46-2001
BE IT RESOLVED That the Common Counci City of Muskego does hereby
authorize the execution of the attached Offer hase for the McIntosh property.
BE IT FURTHER RESOLVED That the make necessary
technical changes, if needed, in ney to facilitate timely
execution of the Offer and closi
BE IT FURTHER RES0 er are authorized to
sign the Offer to Purchase, and in the name of the City
and to extend the acceptance
DATED THIS -
This is to certify that this is a true and accurate copy of Resolution #46-2001 which was
adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
2/0ljmb