CCR2001239'0
0
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #239-2001
OFFER TO PURCHASE - BORCHARDT
Martin Drive
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 Borchardt property for
the Martin Drive Right-of-way.
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 andlor closing dates, if necessary.
DATED THIS 27th DAY OF November ,2001
SPONSORED BY:
David L. De Angelis, Mayor
This is to certify that this is a true and accurate copy of Resolution #239-2001 which
was adopted by the Common Council of the City of Muskego.
ll/Oljrnb
L*W OFFICES OF
ARENZ, MOLTER, MACY 8, RIFFLE, S.C.
720 N. EAST AVENUE
P.O. BOX 1348
WAUKESHA. WISCONSIN 531874348 DALE W. ARENL
DONALD S MOLTER. JR
JOHN P. MACY.
H STANLEY RIFFLE,
COURT COLIH15510NER
COURT COMM15510NER -
RICN D. TRINDL
ERIC J. LARSON
November 19, 2001
JULIE A. AOUAVIA
GRETCHEN U. STEVENS
DIAN E. BltRBEAU
Mr. Sean McMullen
Engineering Department
CITY OF MUSKEG0
P.O. Box 749
Muskego, WI 531 50-0749
TELEPHONE 548.1340
FACSIMILE 548-9211
AREA CODE 252
Re: Martin DrivelBorchardt
Dear Sean:
I
Enclosed please find a draft copy of the proposed Offer in the above matter. Please note
that we need the following information:
I 1. Line 19, the zoning. /is&
2. Line 24, an acceptance date.
3. Line 44, a closing date.
Also, pursuant to Schedule B-I (d), we need sufficient evidence to satisfy the title
company that the trustees who will be executing the required documents are duly
appointed trustees of the trust.
Please also note that the mortgage at Schedule B-11, Exception 15, must be released or
satisfied prior to closing.
!
I
Sincerely,
Donald S. Molter, Jr.
Enclosure
DSMlpw
cc: Mayor David L. De Angelis (Via E-Mail)
Ms. Jean Marenda, Clerk (Via E-Mail)
~offersto~urcnaselheFropertyknownasiStreetAdcress] see attached leqal deSCrlDtlOn
3Wisconsin. (Insert addilional description. If any. at !ines 179 - 187 or attach as an addendum. line 188). an the 'ollowinG terms:
5 m PllRCHACE?C!CE: ' /1 CK)
3 E.4ENES MONEY of Vj .on _____ __----_- accompanies this Cffer and earnest money of S n/a
9 'NIII be gzc w:hm 'I / 3 days of acceptance.
:o Til€ 2ALANCC CF FCRCYASE PRICE will be paid in cash or ecuivalent ar dosing unless other.vise provided be!ow.
11 AGCIT:CFIAL ITEMS INCLL'EED IN FURCHASE PR1CE: Se!ler shall inc!ude in ;he gurchase prics and :ransier. free and c!ear of
12 encJrncrmc?s. all Sxtures. as defined ai iines : 5 - 18 and as may be on &e PrcFeq on :he date of !his Gffer. unless excludea at line 14.
:3anCihefc!lowin~additionalitems: none
IS= ~TEMS~GTINCLUDE~INTHC~URCUASEF~ICE: Corle
oi !he :$ai ?state. including. xithou1 limitation. ;hysicaily attached items nor zasily ramavable withour damage to the Property items
15 A "Fixturs" is defined as an item of poper?y which is physically attached to or so closely asscciated ..vith ;and so as to be treated 2s part
li speciiicdy acaptej :o the ?:operly. and items customarily trealed as fixtures including but not !imited IC 211: perennial crops: garden
la bulbs: piats: cnruos and rrees. CAUTION: Annual ziops are not included in the purchase price unless otherwise agreed at line 13.
:o [ bCzEPT1NC~ 1 Iccaplanca occurs ,when all Euyers and Sellers have signed an identical upy 3i :he Cffer. includicg signatures on
:? a ZCNING: Seilerresresentsthat the Procerty is zoned
21 separate oul iCenticJl apies of :he Cffer CAUZON: Ceadlines in the Gffer are commonly caicuiared from acceptance. Consider
!? whe!her shon :erm deadlines ronninc from aczeolance orovide adeouare rime for bolh bindinq accestance and oedcrmanc?.
J in tP,e CiLV of Nuskeqo ,~~~~~-~cci :<aukesha t
;"""""""-~""""""Ccllars(58,000.00"""""""""""-)~
........................
/?_SF
~~ < .
!? 1 31PlDING 1CCE?i3XCi 1 Tiis Cffer is iinding uocn !loch Pacies only if a copy of !he 2cc:pted @fer is delivered :o fiuyer on or
id jeicr? CALTCN: This Cffer may >e wirhdnwn prior :c deiivr?r/ of :he aczepted 3ffer.
:i :c a Par! mall ;e 5riec::ve mly .when x~3rnolicl?eu by me of lhe melhods sceciliec a line5 27 - 26.
l 3EL!VE?' SF ?CC2:dE%T3 AnG 'NRIT7ZV V0i:CiS 1 i'nless atherwise staled ;n ;his :!fer, (teiiver; ai docmxnts 2rd ,NriRen r.oliczs
-
-- ,
,:r ,vineen ~,CIICB postace 3r fees prepaid ,n the XS. h16d Gr fees Drecad UrlarGed :o an acc3untwith
either 10 the Far+/. or :o the ?amvs vsipient :cr deliver! 5esiqnated at lines 30 Or 32 (if any).
at iines 3: or 3;.
10 ~siler'jr?c:plfnt:crdeliver/(octicnal). Wayne E h Doris E Borchardt
11 Se!ler'sdeiirer/acdress:W234 55460 Biq Eend Road, Waukesha, WI 53186
!zEuyer'srecip~entfordeliverf(optional): Mayor David L. De AnG%liS
1;.8~y~r'sdeli./er/366ress: city of M~~XP~O, P.O. POX 74?, Muskego, :iI 53150-0740
:r (2) Sy !:ansmlssion of the documenr or written nctice to the foilowlng ielepkone number:
la (2) Ey g!wr~ Xe Cocxecl crxntren mice 2emnalty !c Ee Fim, 3r fle ?arty's rccienl 'cr <elive? ii a incivdual is designare2 a1 iines 3G cr 32.
:FSuyer:( 262 ) 679-5630 Seller i )
37 L OCCUPhNCY 1 Ccrdpanc:, of the entire Propecy shall Le Given :o Euyer at brne of clcsins unless otheiwiSe provided in this Offer (lines
28 179 - 137 cr in an addendum per!ine 183). Ccmsancy shall be given subjec: to tenant's rishts. if any. Caution: Consider an agreement
IC which addresses responsibility for clearing the Property of personal property and debris. if applicabie.
:c1 <EASE9 ?%OPEFIT/ I If ProFeh, is currently leased and lease(s) extend Ceyond closing. Se!ler shall assi~n Sellefs riphts under Said
:! ieasds) acd transfer all security :epos;:s ard prepaid rents (heeunder:~ ewer at c!os;rq Tile terms 3f the &witIen) (oral) 1-1
,33 PR~~ER~ADIJRE~~: See attached lqal description
w=- Lssa - b.. vy.
%,:~1 TIME IS CF THE ESSENCE 17ime is of the Essence-as to: (I k"( bage3of5.~~1~1
wtance: (3) occupancy: (4)
mdateofclosing: (5)contingencydeadlines[SiRlkE AS ~~~~~C~EE]andallotherdate Offerexcept: none
. i- . IfTimeisoftheEssence"
0:; i 3ppiies :o a date or deadline, failure io perform 5y the ?xact date or deadline is a brewof c3nlract. if Time is of the Essence" does
::a not acply :o a date or deadline. then periormance vithin a reasonable time oi :he date or deadline is allowed before a breach occupj.
119 1 CAYS aNo CE.AO:INES 1 Deadlines expressed as a number of "days" from an event. such as acceptance. are calcillated by excluding
:IO !.he cay !he event cccxrea and by cmnrins subsequent calendar days. The deadline expires 31 midnight on >?e !aSt day. Deadlines
::: expressed as a 5pec:iic numcer or '"business days' e:c!uc!e Sarurdays. SunZzys. anv :war pubiic hoiicay Under 'Nisccnsin or FeCeraj
x2 iaw. ana other day zesisnared by :he 'resicen1 such :hat :he ?ostal seriice dces not rec-ive reqisered tT6il or make rHjular deliveries
x1 cn :rat day. 2eaClines expressed as a soesific number ci "hcurs' from me occmenc? ?f an event. sdch as receict of a notice. are
'JI calescar :,ear or 1s !he jay of a sseciiic event. such as closing. expire at mldnignt oi :hat day.
I& TilE FiNAZNCiNG CaNliNGENCY PRGVlSiCNS Ai LINES 14 - 162 ARE A PART OF THIS GFFEX IF LINE 143 IS MARKED.
:,: SUCH AS WISH AN "X" TXY ARE NOT PART Cf THIS OFFS IF "NE 143 IS MARKED NId OR IS NOT MARKED.
. - .. .,lcdlated " :rcm the sxx: tine of !he event. and by cocrting 24 hours Jer calendar dsy. Seadlines axprzssed as a specific day of the
'E; Cfier ;ne firzncins seiec:ed mall be in dn amount oi nci :ess than S for a tern oi nor less :han - years.
::I rlmcnized mer not less :han - years. lnltial monthly paymenrs of snncipal and interest shall not exc-ed S
.52 Mcr,thlv ?a)men!s nav 2150 include !/12!h of :he estimated ne1 mnutl real asrate !axes. hazzrd !nsurance premiums. and private
:gj rronga5e insurance 3remiLms. The m$age ma:/ ncr :nc!ude 2 ;reDay,TEnt 2remlum. Guyer agrees io :a! a ioan iee not :o exceed
:A % of :he loan. !Loan fee refs to discount Soints andlor:oan origination iee. bl;t SCES NCT inc!ude Euyefs othercloslng
.I: .. -,s:s.) -9 If :he ?urchase pnce ucder :his Cffer is modifieo. the hancsd amount. unless X>er.wise prcvided. shall be adjusted
..
.i 1
:i: :Le :em 3nC amnizztion slaied sbcve!. 3ECX AND CCMPLZE .w?lcczaLc :INA.NC:NG ?%CVIs!cN AT ::NE :sa CR 139.
,.3 ;c ihe same ;erc?r;tap? ofthe purchase price as in lhls c3ntinsenc.j and:he monthly payments stall be adjusted as necessarf lo maintain
:id 0 FiXE3 SATE i!NANClNG: The annual rate ot merest snail act evceed
'53 !l ACJUS7.42LE .?A7€ iiNANC:?iG: The:nitlal annual interest rate wall ncr exceed
"0. - Yo. 75e #nltizl:rrer?s: ?ateshall
I!, x::ts.;r . .:e maxi?-m 29 "P 'ixe.? '01 monrks. ?t!rcl ?,-e :he ir:?res: :a!? may k .cc:?.asel ?o! sicr? !>x
'5' ;r.:e:es: -;re kr-r.5. :he TICT.~;~~ 2:~ jnzll ,701 %teed ?b. ~12n:kly ?a:,ment; oi ~CC:FZI 3rd imer?si 3zy Le ?Cjcs;2?!
_.
0 :j;
F: 1.3AbJ C.3vlhll7W?IT: Buyer agrees !c 927 all .xs:cmar/ :inar.c;ns; costs jincicoing c!cslng fees). io atply kr iinancirg xcmpily. and
'u :o 7rcv:l:e ~1i6enr.e ,:f 3pplic.aticn promCrl./ c~cn :?wes: 5.y Seiler if Buyer ;uallries icr :he iinanong ,:esc;ice.: IP :his Cffer cr other
'5: iivarcins x:?stztle '0 Suyer. Zul'er apes :c .:eiiver :o Seller a c3py 3f ;he wr;tten !can acmitrnent no iater than !he deadline :or loan
'e5 .::mmrm?tt 3: !ine X?. 3upr'; deliver] oi 2 copy of any'urinen loan commitment :o Seller (oven if subjec? :o conditions) Shall
:5 saris?# !he Suyer's financing con!ingenc:/ unless ac:ompanied 5y a noticz oiunaczeptabilib]. UU;ICN: SUE% BuYs.?'s LEND€.?
';a AND AGENTS OF-IUYE9 CR SZLF.? SilOULD NOTXLl'/5.?A LOAN C3MMITME.WT TO SELL=.? WIVIT.VOUTBUY5i"S?RICI?
'63A?P!7O'VAL OR UNLESS ACCOMPANIED SY A ;NOTICE CF iJNACC€?TABlLl7"f.
'YO SELL% TF??.LlIFIAT:CN %G%iS. If Suyer does not make timely delivery of said c3mcitment. Seller ma:/ terninate ais Cffer if Seiler
'7' ~2ellvers 3 '.vrlRen nct~ce of :erminauon.to 2uyet ?cor to Seller's ac:uai receiot of a ccpy cf Zuyer's rvetten !oan ?mmtnent.
:i2 ':NAPICING UNA';~;L.lalillY: If financinG is not available 2n !he !erns s:ated in !his Cfier (and Juyer nas not already delivered 3n
'2 x:actable lcan crrnmmnent for ether 'inanc2n;ng !o Saller;. Euyer shall pronGt!y deliverxnrten notice to Seiler 3f same :ncludicg c3cies
':A of lender(si' :alectlon letter(s) or other evidence oi unavaiiabiiip,. Uniess a specific lcan source is named in this Cffer, Seller Shall then
ii nave !O cays !o give %yer .written notice of Sellefs decision :o finance this transacticn on the same terms sa fcrth in this Offer aQd Lis
11' -e null and ,101d. %:/er authorizss Sellertc cbtain any c:edit infarmaiion reasonably appropriate to determine Suyer's ffedit worthiness
:z Cffer shall remaln in full force and eifec:. with ne time for c:oslng extended accordin5ly. If Sellets notice is not timely given, thls Cffershall
IT? :cr .Seller financinc.
:c :ei!ec: irteres; chznses.
'?5
!?6
'37
:!amADDENDA: Theattached documents xx,laremade~artoithisOffer.
'w C3WEYAbICE rJF T:TLE: Upon payment of the purchase price, Seller shall convey the Property by warranty deed (or other
:5: conveyance as provided herein) free and clear of all liens and encxnbrances. except: municipal and zoning ordinances and
?i aqeements entered under aem. recorded easements for the distnbution of utiiity and municipal semices. Temrded budding and Use
'391 TITLE EVIDENCE 1
I .i: res:ric:ions and covenants. general taxes levied in theyearof closingm
.:.s
'3 icr Furpcses sf :his ir2nsac:ion. Seller fufher aqees to cornr,lete and syecate the doccnents necessarl to record :he conveyance.
(provided none of :he foregcing pmhlbit present use of the ?roperb//). ,Which constitutes merchantable ;itle
'inclu8inT Gap coverage
PROVISION OF MERCHANTASLE
x: merchantable. subject only to liens which will be paid ou! o! the proceeds of closing and standard title insurance rewirements anc
?%exceptions. as appropriate. CAUTION: SUER SHOULD CONSIDER UPDAiNG THE EFFECTIVE DATE OF THE TlTLE
m5 COMMITMENT PRIOR TO CLOSING OR A 'GAP ENSORSEMENl"HIC.L! WOUU INSURE OVER LIENS FILED BETWE-CN THF
x+ EFFECTIVE DATE OF 7HE COMMITMENT AND THE DATE WE DEED IS RECORXD.
201 m TITLE ACCE?TASLE "9R CLOSING: If title IS no: acceptable for closins. Buyer shall notiiy Seller in writing of objections to title j!
m? the Ume for closi3g shal! be extended as nezessary ior tnls purpose In the eveni tha! Seller is unable to remove said objeztions. 5uyer
206 the time set for closing. In such event. Selier shall have a reasonable time. but not exceeding ?5 days. to remove the objedisns. an2
?IC shali have 5 days from recei?; of natc therm:. IO delwer wnnen notice waiving the objections, and the bme for closing shall be extended
I!I accordingly. I: Suyer does no; waive :he ObjeGions, tnls Sffer shall be null and vold. Provldinp titie evidence aCCe3bbie ior closins does
21: no1 extinguish Selle:'s obligations to give merchania3le title to Suyer.
212 m SF'ECIAL ASSESSMEKTS: Special assessments. ii any, for work anually c3nmence5 or levied prior to date of LCis Offer shall be
?I< pic by Seller no later :?a,? clssing. AI! 3ther saecial assessments shall be pail b? Buyer. CAUTION: Consider a special agreement
:!5 ifareaassessments. propertyowner'sassociation assessments orotherexpenses are contemplated. -3therexpenses'are me-
?16 time charges 0: ongoins use fees f3r public improvements (other than th%e resultins ip special assessments) relatin5 io cub, gutter,
2i: street. sidewalk. sanilav and stormwarerand st3rm sewer (including all sewer mains and hook-up and interceplorchargesj. pa:ks. srree!
?re li htina and street tr-es. ana impac: fees for other pblic facilities. as defined in Wis. SLaL 5 66.55(l)(c) 8 (0.
219-1 Tnls OHer. including any amendments to it. contains the entire agreement of the Buyer and Seller regardlng the
20 transaction. Ali prior negotiahns and discussions have been merged into this Offer. ?his agreement blnds and inures Io the beneli: 0:
21 the Parties to this Offer and their successors in interest.
23 Seller anc Buyer each have me legal duty to use good faith an3 due diligence in com?ietinG tne terms and cmditions 3: :his Offer. A
24 marerial failure tc oetiorm any obligation under mis 3fier is a defaul! which may susjec! the defaulting party to lia5ilih for camages 3:
225 other legal remedies.
26 If Suver defaults. Seller may:
27 (1) sue io: SDeciric performance and reouest the eanes! money as partia! payment d the purchase price; 0:
22s (2) terminale the 09er and Liavt. the optior to: !.a! request 5e earnes! money as liquidated cacages; or (5; dirf.:: 3rone; to retun
~
m-1
the earnest money and have the option tc sde for aclua! damages.
If Seller defaults, auyer rnay:
1:: sue for spscik periormance. o: c ."_ (2) leminate the OHer anc regu,es: the return o: the earnes: money. sue for a~da: camages. or both.
22 In addition. the Parties c2!? seei, any other remedies aval:abIe ir, law ore~ui()'.
2.3 -he Parties undersianc tna: tne availabilih. oi aPy judcia' remedy wili dexnd upor :ne ztrTJ!xs:ances 3i :I5 siwa:n-. anc t7e
::: bis.xlior, of the courts. If eitner Par& defaults, the Panles mav renegotiate the Offer or seeh nmjudtcia: dispure resciutim instex 31
f3t the remedies outlined above. 6v acreetng Io bindinc a.5itration. tne =arIies may lose the riJh! 13 litigale In a coup. oi iav: !hxe aissutes
,,-.
!I? THIS 2OCdMEN'CAFLEFULLV XOKEZS MAY 2;iWIX ASENE%A-EX?iANL.TlC)N XT4E ?ROVISIC)NSOF THE OFFEi: 327
7PG ARE PROHIBITE3 9Y LALVF39M G!\jING .A!NICE 9R O?INIONS CON.ZERNINC Y3!JE LEGAL F(IGii7S UNDET;: TdlS CFpEi: O?
X' HOW TITLE SHOULLI 3E TAKEN AT CLr3SING. AN ATTORNEY SiiOdL3 9E CONSllLiED IF LEGAL ADVICE IS NEE!JEZ.
2iZl EARNEST MONEY I
33 HELD BY: Unless otherwise agree*. earnes: money shall be paid to ant held in the trust accwn: of the listing broke: (buyer's a?en:
?u ii ?:ope* IS not Isred or seller ii no 3roker is involved). untii applied Io purchase price 0: olherwise disbursed as provice? in tne 3fie!.
xi, CAUTION: Should persons otner than a broker hold earnes: money, an esc.-ow agreement shouid be drahed by the Parlies
20 8 DISBURSEMEPP: If negotrations do no: rosul! iT: an aT;e?tec offer. the 2ames! money shal! be promptly disbursed iatre: clearance
215 or an attorney. If someone other than Buyer makes payment ofearnes: money, consider a special disbursement agreemenr
248 from payor% deoository ins:ilution if earnes: money is paid by check) to Ihe oerson(s) whc ;ale tne earnes: money. A! clos1n5. earnes!
245 money shall 5e disbursed according tothe closi?5 slaremen:. Ifthisffercroes notciose, theearnest money shall bedisjursea accar?ing
250 tc. a wrinen disbursemen: agr%,men; signed by all Panies tc this Offer (Note. WIS. Adm. %de 5 3L 18.09(l)(b) provides tnat an oiie:
?Si IO purchase is not a writren disbursemen; agreemen! Pursuant ic which the broker may disbursej. If sad disburseme?! agreeme?: has
Xi 201 been delivered to broker within 6C days after the Gale se: fo; clostng, 9w.e. ma) 31s11urso me earnes: money: (?! a5 dlrecrec 2.:
::2 a2 strorney who has reviewec the tznsactior and does 83: represen: 3uye; 3- Selle:: 2: inn 2 coue hearing 2 I~WSUI! msolr'rng t?E
2% earnes; money an6 ali ?a<les IO tnis Offer: (3) as direcred by court order or (2: any otner disbursemen: required or aliowe? b! law.
2% Sroke: may retain legal services t3 alrec; dis3u:semenr per (1) or 13 fiie ar, Intemlea3er actIop. oe: (2) and broker may deduc: from the
255 earnes: money any cos!s anl reascnable a9arneys fees. noi 10 exceed 5250. pwr to dlsoursernent.
25- LEGAL 2lGsiSiAPTION: 5roke:'s ilsbursemenl o'earnes: money does 231 neremine the lesa1 righrs o! the Partier ~n reiatlor lc tnis
255 or (4) above, broker shall send Buyer and Seller notice YI the disbursement by zertilied mail. I! Buveror Seller disagree wit,? Sroker's
2% Offe:. Suyer's or 311e:'s leza! rich! t~ earnes; money canno! be determine? by j:aker .%. leas! 3C days Drio: to disjursemen! oe: ::;
all eanes: money dzspures arismg out 3! the sale of resldentia: 2ropeny wltr; :-L awellin; units and cecaln o:hereames: money dlS3uleS. rowsed disbursemen:. a lawsul: rnay 3e filed 10 obtain a coun or3er regaramg d1sbu;sement. Small Claims Court has jurlsdlction ove:
.3 3Uver and Seller should consider consultins aco:neys regardins their leca: righs unnei 1.31s C)fier in case of a dispute. Bot:. ?arheS
?e,! agree to hold :he broker harmless iron any IiaLilil!, for good falth disbursemen! of earnest money in accoraance with this 3fie: 3r
225 WISCONSIN LICENSE LAW PROHIBITS A BROKER FROM GIVING AdvlCE OR OPINIONS CONCERNING THE LEGAL RIGHTS 26: appiicable Department of 2egulatlon ana Licensins regulations concerninc earnest money. See WIS. Adm. Code Ch. Xi 18. NOTE:
265 OR OBLIGATIONS OF PARTIES TO A TRANSACTION OR THE LEGAL EFFECT OF A SPECIFIC CONTRACT OR CONVEYANCE.
267 AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS REQUIRED.
."
:%-PROPERTYADDRESS:
~ 259 OPTIONAL PROVlSl
:io MARKED,
2;: PROPOSED USE CONTINGENCY: auyeris purchasing the property for
:,? ai'? Written evidenca at (suyer's)(Selle<s)(~CNE] expense fro ma qualified mils expert that :he Property IS freecf any subscil
:;: csnditicn ,which .~culd mane the 2roposed eevelooment impossible or significantly increase the costs of such deve!ocment.
::? 'i'/nrten evicencear j@uye~s)(Se!le<s)[~lsxpensefrom acemfied soils :esterarcther~u~lified exFert*at indicates ;hat
:i? :he ?.cceq's scils at lccations seleded by Euyer ana all clhermnditicnswhici must be approved :O Cttain a ?e~ltfOranacceptabie private
0
LEGAL D!3CRIPTION Marrin Dr,vrRi~t~f-WayAquisinon
For: CicyofMwkcgo (Grantee)
.411 that pm of the SOUL\WCS: one qmer cl thc Southat one quzrte: of Scclion 3. Town 5 North, Rugc 20 E=, Ciry of Muskeso, Wauksha County, Wisconsin, man: fdly described as
follows (Scc Atbchcd Exhibit "A"):
Commencing at thc Southwcsr ccrncr of the Southcu: onc quxk: ofSc:ion I; th~ncc NO&
cmilc: orlmls dcsigatzd by Tax Key No. MSKC 2169.987 and a point on the r::istin," catcr
linc of Mmin Drive; hen= South 7Y007'00" East along the South line of said lands and
cxisring enter line of Mmin Dnvc, 732.99 fc=$ lhcncc along M an: ofa curve 109.15 fccr.
cxtcr which lis to kc Sourhwat. ndius ofj4.00 fer. and a &crd bcuiag Yo& 68°01'15"
Wesr 207.8s thcncc North 79"Oi'OO" WCS, 55 7.01 fca to a p0ir.C on thc West linc of said
Imds and a poinr on the West lie of said Southcur onc quaciu. rhcncc Soulh 0014'00" East
don; d~c Wcrn linc of said lands and Ih:: Wst line of sid Soull~ccasr onequarter, $0.79 feet to
thc point orbqinning cantsinins 0.61 527 acrcs (16,801 square feet) more or lcrr of land.
OOo24'00' Wcst along rhc War line of said Saulhcvt one quaczr, 61 I .6? FCC! to he Southwest
2159-987-001
TAX KEY NO.
I
1 The following items shall be prorated at closing: real estate taxes, rents,
private and municipal charges, property owner’s association assessments
and fuel. Any income, taxes or expenses shall accrue to Seller, and be
prorated, through the day prior to closing. Net general real estate taxes shall
be prorated based on the portion and type of property being acquired (the net
general real estate taxes for the current year, if known, otherwise on the net
general real estate taxes for the preceding year).
2. SellerlSellers, and any other entity whose name appears on any of the
attached documents, shall execute the original of all attached documents on
or before closing other than the legal description and Addendum.
ADMISSION OF SERVICE
Due Service of a C
CERTIFICATE OF COMPENSATION & NOTICE OF
RIGHT TO APPEAL THE AMOUNT OF COMPENSATION
PURSUANT TO WISCONSIN STATUTE §32.05(2a)
Admitted this day of , 2001.
BORCHARDT LOVING TRUST
DATED JULY 23, 1993
By:
Wayne E. Eorchardt, Trustee
By:
Doris E. Borchardt, Trustee
ADMISSION OF SERVICE
Due Service of a Co
CERTIFICATE OF COMPENSATION & NOTICE OF
RIGHT TO APPEAL THE AMOUNT OF COMPENSATION
PURSUANT TO WISCONSIN STATUTE §32.05(2a)
Admitted this day of , 2001.
Adolph A. Lindernann
Olive E. Lindernann
NOTICE OF RIGHT TO APPEAL THE t%
AMOUNT OF COMPENSATION
TO WISCONSIN STATUTE §32. PURS&II
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
By:
David L. De Angelis, Mayor
ATTEST:
Jean K. Marenda, Clerk
CERTIFICATE
COMPENS e
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 fee simple
title in the property described below pursuant to 932.05
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:
Borchardt Loving Trust Dated 7-23-93
" L.
3.
follows:
Atty Donald S Molter, Jr
Arenz,Molter,Macy&Riffle
Waukesha, WI 53187-1348
P.0 Box 1348
Return To:
-
Adolph A. Lindemann and Olive E.
Lindemann, his wife Tax Key Number
The legal description of the property in which fee simple title was acquired is as
SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "2-2"
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 highway right-of-way
improvements and storm sewer improvements.
The amount of compensation is $8,000.00.
Dated this day of , 2001.
CITY OF MUSKEG0
ATTEST: David L. De Angelis, Mayor
Jean K. Marenda, Clerk
This Instrument Was Drafted by:
Attorney Donald S. Molter, Jr.
720 N. East Avenue, P.O. Box 1348
Waukesha, WI 531 87-1 348
CITY SEAL
I 0
0
0
LEGAL DESCRIPiIOfi bkai~~ Dr;ve Right-sf-Way Acquisidon
'.
WAIVER OF APPEAL RlGH
AMOUNT OF COMP
TO WISCONSIN
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 932.05.
Dated this - day of , 2001.
BORCHARDT LOVING TRUST
DATED JULY 23, 1993
By:
Wayne E. Borchardt, Trustee
By:
Doris E. Borchardt, Trustee
STATE BAR OF WISCONSIN FORM I - 1998
WARRANTY DEED
SEE ATrACHED LEGAL DESCRIPTION
MRRRED FXHIBIT "A"
Atty DOnald S. Molter. JK.
Arenz,HolteK,Macy 6 Riffle, S.C.
Waukesha, WI 53187-1348
P.O. Box 1348
. ..
r
Far: City oFMukcg (Game)
'e
STAPLE
AlTpCHMENTS Wisconsin
HERE Real Estate Transfer Return - Conti
To complete see Instructions for Real Estate
ster of Deeds with
use ALL UPPERCASE
Wisconsin
Real Estate Transfer Return 1 VI. TRANSFER I
I
!
@
. ._
2i5S-987-201
TAX KEY NO.
CHICAGO TITLE INSURANCE COMPANY 0
Construction Work and Tenants Affidavit
1. I am the Owner of the property (the Property) described in corn +I!@
issued by CHICAGO TITLE INSURANCE COMPANY
number 1104452
2. Construction work. (Check One Box)
Repair or construction work HAS NOT been done on the Properly in the past six months.
Repair or construction work HAS been done on the Property in the past six months. The total dollar amount
of the work is approximately S All of the people who supplied labor or material are
listed below. All lien waivers I collected from these people are stapled to this al%davi[.
Type of Work Contractor Name Doh Amount of Work Date Work Completed
3. Tenants. The following tenants and renters occupy the Property. (Check One Box)
There are NO tenants.
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 dosed. 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 (Ye'+
OWNER
Subscribed and sworn to before me this
BORCHARDT LOVING TRUST day of (year).
DATED JULY 23, 1993
7-
By:
Wayne E. Borchardt, Trustee
Notary Public, wa&p& County, Wisconsin
IKXX My commission (expires) (is
permanent):
F530C R 4/16/99
CHICAGO TlTLE INSURANCE COMPANY
Affidavit as to Broker Lien Rights
0 The undersigned, being duly sworn, deposes and says:
That I am the owner or purchaser (the Owner) of
001104452 (the Property) issued by Chicago Title y), or partner, officer or
member of the Owner with authority to make the
mitment to insure number
(Complete one)
- No real estate broker is or will be entitled to a commission from Owner under a Listing contract or buyer
agency contract having to do with the purchase or sale of the Property. and there is no contract for the lease
or management of the Property under which a commission is presently owed.
X
- The following is an accurate and complete lit of all real estate brokers who are or will be entitled to a
commission from the undersigned Owner under a Listing contract or buyer agency contract having to do with
the purchase or sale of the Property, and/or with whom the Owner has a contract for the lease or
management of the Property.
LISTING/BUYER BROKER
Name
Address
Telephone number
Amount of commission owed or to be owed
LEASING/MANAGEMENT BROKER
Name
Address
Telephone number
Amount of commissions owed on this date:
Attached hereto is a waiver of lien rights from each broker listed above, or a copy of the dosing
statement showing that each broker will be paid at closing.
This affidavit is given to induce the Company to issue its policy or policies of title insurance. The undersigned
indemnities Chicago Title Insurance Company against any loss caused by the existence of any inaccuracies or omissions
in the above information known to the undersigned and not disclosed to the Company, plus any cost of the enforcement
of this indemnification.
Dated this day of
OWNER
BORCHARET LOVING TRUST
DATED JULY 23, 1993 day of 9- (year).
Subscribed and sworn to before me this
By:
Wayne E. Borchardt, Trustee Notary Public, Wau)tesha co~nty. Wisconsin
My commission (expires) (ii
permanent): bmkdff 8/98
CHICAGO TITLE INSURANCE COMPANY
RECORDING GAP INDEMNITY
Commitment No. 1104452
WHEREAS, the CHICAGO TITLE INSURANCE COMP ssouri corporation
Policies) to the proposed insured(s) for property described in the
above-referenced commitment, insuring against loss by reason of defects in the
title to said property (the Land);
(Chicago), is about to issue its title
encumbrances, adverse claims or other matters, if any, created, first
appearing in the public records or attaching between the effective date of the
mortgage to be insured (Gap Defect(s));
title insurance Commitments and the date of recording of the deed and/or
RND, WHEREAS, Chicago has made exception for defects, liens,
AND, WHEREAS. Chicago has been asked to issue the Policies, and may
hereafter. in the ordinary course of its business issue ticie insurance
policies or commitments in respect to the Land, or some part or interest in it
Defect (5) ;
(the Future Policies), removing or insuring against loss by reason of the Gap
Future Policies, the undersigned covenant(s) and agree(s) with Chicago forever
NOW. THEREFORE, in consideration of the issuance of the Policies Or
to protect, defend and save Chicaco harmless from and against Gap Defect(s)
created. suf:ered or agreed to by the undersigned and except as disclosed in
writing to Chicago, and any right, interest or defect growing out of the same.
including all loss, costs, damages, and attorneys' fees and expenses which it
may incur by reason thereof, including loss, costs, damages, fees and expenses
incurred in actions brought to enforce this agreement; to defend at
Gap Defect(s1 was created, suffered or agreed to by the undersigned and,
undersigned's own cost any and every suit, action or proceeding in which the
except as disclosed in writing to Chicago, is or are asserted against the real
estate: to satisfy or remove such Gap Defect(s) on written demand within
thirty days; and that each and every provision herein shall extend to and be
in force concerning Future Policies
Dated this day of
FOR CORPOR4TIONS FOR INDIVIDUALS