CCR2002002COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #2-2002
OFFER TO PURCHASE - BART2
Moorland RoadlDurham Drive Project
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 Bartz property for the
Moorland RoadlDurham Drive Project.
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 8th DAY OF January ,2002.
SPONSORED BY:
David L. De Angelis, Mayor
This is to certify that this is a true and accurate copy of Resolution #2-2002 which was
adopted by the Common Council of the City of Muskego.
1/02jmb
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5? A '"condition affecting the Property or transaction. is defined as follows:
60 (a) planned or commenced public improvements which may result in ise materially affect the Property
(page 2 of 5. WB-131
61 or the present use of the Property;
62 (b) completed or pending reassessment of the Property for property tax
d) any land division involving the subject Property, for which required
e) any portion of the Properly being in a 100 year floodplain, a wetland or a shoreland zoning area under local, state or federal laws;
66 (0 conditions constituting a slgnificant health or safety hazard for occupants of Property;
67 (9) underyround or aboveground storage tankson the Property for storage of flammable or combustible liquids including but not llmlted to
68 gasoline and heating oil which are currently or which were previously located on the Property; NOTE: Wis. Adm. Code, Chapter
65 Comm 10 contains regismtion and operation rules for such underground and aboveground storage tanks.
70 (h) material violations of environmental laws or other laws or agreements regulating the use of the Property;
71 (i) high voltage electric (100 KV or greater) or steel natural gas transmission lines located on but not directly serving the Property;
72 (j) any portion of the Properly being subject to, or in violation of, a Farmland Preservation Agreement under a County Farmland Presewation
73 Plan or enrolled in. or in violation of. a Forest Crop, Woodland Tax, Managed Forest, Conservation Reserve or comparable program:
7d (k) boundary disputes or material violation of fence laws (Wis. Stab Chapter 90) which require the erection and maintenance of legal
75 fences between adjoinlng properties where one or both of the properties is used and occupied for farming or grazing purposes;
76 (I) wells on the Proqerty required to be abandoned under state regulations (\Vis. Adm. Code NR 112.26) but which are not abandoned.
77 (m) cisterns or septic tanks on the Property which are currently not servicing.the Property;
78 (n) subsoil conditions which would significantly increase the cost of the develovnent proposed at lines 271 -272. if any. including. but no: limited
79 to. subsurface foundations, organic or nororganic fill, dumpsites or containers on Property which contained or currently conlam toxic or
m hazardous mateMk. hioh oroundwater. soil wndltlons kg. low load bearing capaciiy) or excessive rocks or rock formations on the Proprty,
government agency or court order requiring repair, alteration or con
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81 (0) a lack of legal vehicuiar ;access to the Property from public roads;
82 (p) prior reimbursement for corrective action costs under the Agrlcultural Chemical Cleanup Program; (Wis. St&. 394.73.)
83 (9) other conditions or occurrences which would slgnificantly increase the cost of the development proposed at lines 271 to 272 or
81 reduce the value of the Property to a reasonable person with knowledge of the nature and scope of the condition or occurrence.
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 bv survev or other means. CAUTION: Buvershould verify land dimensions, total square fooia_oe/acreage
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88 figures or allocation ofacreag; information if material to Buyer's decision topurchase.
89 m ISSUES RELATED TO PROPERlY DEVELOPMENT: WARNING: If Buyer contemplates developing Properly or a use othei than the
90 current use. there are a variety of issues which should be addressed lo ensure the development or new use is feasible. Municipal and Zoning
91 ordinances, recorded building and userestridions. covenantsand easements may prohibit certain improvements or uses and therefore should
92 be reviewed. Building permits, zoning variances, Architectural Control Committee approvals, estimates for utility hook-up expenses. Special
93 assessments. charges for installation of roads or utilities. environmental audits, subsoil lests. or other development related fees may need
lo be obtained or verified in order lo determine the feasibility of development of, or a partlcular use for, a property. Optional COntlngenCleS
hich allow Buyer to investigate certain of these issues can be found at lines 271 - 314 and Buyer may add contlngencies as needed In
(see line 188). Buyer should review any plans for development or use changes to determine what issues should be addressed
97 in these contingenaes.
96 INSPECTIONS. Seller agrees lo allow Buyer's inspectors reasonable access lo the Propenv upon reasonable nollse if tnr lnspeclions
lcoreports lo Seller, and to listing broker if Property is listed. Furthermore. Buyer agrees to promptly restore the Property to 11s Original
'3 are reasonably necessary to satlsfy the contlngencies in this mer. Buyer agrees to promptly provide copies of al! such inspection
101 condition afler Buyer's inspections are completed. unless otherwise agreed In this Offer An "inspection" is defined as an observation
102 of the Property which does not include testing of the Property, other than testing for leaking LP gas or natural gas used as a fuel Source.
101 which are hereby authorized.
101 TESTING: Except asotheruse provlded, Seller's authorization for Inspections does not authonze Buyer lo conduct testing Of the Property.
105 A "tesl' is defined as the taklng of samples of materials such as soils, water. air or building materials from the Property and the laboratory
lffi or other analysis of these materials. If Buyer requires~testing. testing contingencies must be specifically provided for a: lines 179 - 187 or
107 in an addendum per line 188. Note: Any contingency authorizing testing should specib the areas ot the Property to be tested, the pupclse
1oP.d the test. (e.g., lo determlne if environmental conlaminalion is present). any limitations on Buyets testing and any other material IermS Of
110 may delect environmental pollution which may be required to be reponed lo the Wlsconsin Department of Natural Resources.
109 the contingency (e.9.. Buyer's obligation lo return the Property to its original condition). Seller acknowledges that certain inspections or tests
712 have the right 10 inspecl the Propeny to determine that there has been no significant change in the condition of the Properly. except for
111 PRECLOSING INSPECTION: At a reasonable time, pre-approved by Seller or Seller's agent, within 3 days before closing. Buyer shall
113 changes approved by Buyer.
ild m PROPERTY DAMAGE BETWEEN ACCEPTANCE AND CLOSING: Seller shall maintain the Propeny until the earlier oi ClOSln!? or
115 occupancy of Buyer in materially the same condition as of the date of acceptance of this Ofler. except for ordinary wear and tear. If, prior
110 to closing, the Propeny is damaged in an amount of not more than five per cent (5%) of the selling price, Seller shall be obligated lo re?alr
11; the Property and restore il lo the same condition that it was on the day of this Offer. If the damage shall exceed such sum. Seller shall
118 promptly notify.Buyer in writing of the damage and this Offer may be canceled at option of Buyer Should Buver elect to Carr). Out this
119 OHer desplte such damage, Buyer shall be entitled to the Insurance proceeds relating to the damage to the Properly, plus a Zredi! towards
120the purchase prlce equal to the amount of Seller's deductible on such policy, However, if this sale is financed by a land COntraCl or a
121 mortaaoe to Seller, the insurance proceeds shall be held in trust lor the sole purpose of restoring the Properly.
Wisconsin Statutes section 90.03 requlres the owners of adjoining properties to keep and maintain legal fences in equal
one or both of the properties is used and occupied for farmmg or grazmg purposes. CAUTION: Consider an agreement
124 addressing responsibility for fences if Property or adjoining land is used and occupied for farming or grazing purposes.
1251 DELIVERV/RECEIPT I Unless otherwise stated In thls Oiler. any slgned document transmined by facsimile machine (fax) shall be treated
all manner and respects as an original document and Ihe signature of any Party upon a document transmined by fax shall be considered
128 by Buyer or Seller. Once received, a notice cannot be wilhdrawn by the Party delivering ttre?$LiSe without the consent of !he Party recelvlng
n orlgtnal sdgnature. Personal delivery to. or aclual receipt by, any named Buyer or Seller/constitutes personal dellvery to. or actual receipt
1 mlhehotici'i A Party may not irnilaterally reinstate a contingencyafter a notice of a contin&q,w$i&r as been recelved by the other Party.
130 The delively provisions in this Offer may be modified when appmpriate~(e.g::when ma~ive~~npt desirable (see lines 25 -36).
131 Buyermd Seller authorize the agentsof Buyer and Seller io~distribute copiesof the Offer lo Buyer's le&& (&Ip$sen, title insurancemmpanles
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.. 132 an9 any other semement service providers for the transaction as defined by the Real Estate Settlemen\~r@&edures Act (RESPA).
*including gap coverage
197 rn FORM OF TITLE EVIDENCE: Seller shall give evidence of title in the form of an ow y of title insurance in the amount of the
page 4 of 5. WB-13
196 purchase price on a current ALTA form issued by an insurer licensed to w ' .
199 EVIDENCE WlLL BE GIVEN BY ABSTRAC 3 &(E TITLE INSURANCE
e in Wisconsid* CAUTION: IF TITLE
m PROVISION OF MERCHANTABLE TITLY ushall pay all costs of pr
D INSERTABSTRACTPROVISIONS.
nce. For purposes of closing. title evidence
hall be acceptable if the commitment for the required title insurance is deli r's attorney or Buyer not less than 3 business
ays before closing, showing title to the Property as of a date no more
~3merchantable. subject only to liens which will be paid out of the proceeds of closing and standard title insurance requirements and
before delivery of such title evidence to be
mexceptions. as appropriate. CAUTION: BUYER SHOULD CONSIDER UPDATING THE EFFEC77VE DATE OF THE TITLE
205 COMMITMENT PRIOR TO CLOSING OR A "GAP ENDORSEMENT" WHICH WOULD INSURE OVER LIENS FILED BETWEEN THE
m EFFECTIVE DATE OF THE COMMITMENT AND THE DATE THE DEED IS RECORDED.
207 I TITLE ACCEPTABLE FOR CLOSING: If title is not acceptable for closing, Buyer shall notify Seller in writing of objections to title by
~8 the time set for closing. In such event, Seller shall have a reasonable time, but not exceeding 15 days, to remove the objections. and
109 the time for closing shall be extended as necessary for this purpose. In the event that Seller is unable 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 closing shall be extended
211 accordingly. If Buyer does not waive the objections. this Offer shall be null and void. Providing title evidence acceptable for closing does
212 not extinguish Seller's obligations to give merchantable title to Buyer.
21; m S?ECliAL ASSESSMENTS: Special assessments. if any, for work actually commenced or levied prior to dale of th!s 9Ve: sh31; 5e
21' paid by Seller nc lakr thar, closins. ,411 >the! S5cial assessmen!s shall Sf pai: 5y %ye:, CL,?ITION: Cocsider 2 spe:,ia/ a?rte;ner;!
215 ifareaassessmenls, properiyowner's associationassessments orotherexpenses are contemplated. "Other exDenses' areone-
216 time charges or ongoing use fees for public improvements (other than those resulling in speciai assessrnenls) relating 13 zuro,~guner.
211 street, sidewalk, sanitary and stormwater and storm sewer (including all sewer mains and hook-up and interceptorcharges), parks, street
218 li htin and street trees, and impact fees for Other public facilities. as defined in Wis. Stat. 5 66.55(1 )(c) 8 (f). zw-1 This Offer, including any amendments to it, contains the entire agreement of the Buyer and Seller regardmg the
M transaction. All prior negotiations and dlscussions have been merged into this Offer. This agreement binds and inures to the benefit of zi the Parties to this Offer and their successors in interest.
in Seller and Buyer each have the legal duty to use good faith and due diligence in completing the terms and conditions of this Offer A
224 material failure to perform any obllgation under this Mer is a default which may subject the defaulting party to liability for damages o! zz other legal remedies.
226 If Bwer defaults. Seller may: zn (1) sue for specific performance and request the earnest money as partial payment of the purchase price; or
228 (2) terminate the Offer and have the option to: (a) request the earnest money as liquidated damages; or (b) direct Broker to return
m the earnest money and have the option to sue for actual damages.
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IID, If Seller defaults, Buyer may:
(1) sue for specific performance: or
(2) terminate the Offer and request the return of the earnest money, sue for actual damages, or both.
233 In addition, the Parties may see). any other remedies available in law or equity. zn The Parties understand that the availability of any judicial remedy will depend upon the circumstances of the situation and the
235 discretion of the murk. If either Party defaults. the Parlies may renegotiate the Offer or seek nonjudlcial dispute resolution instead of
236 the remedies outlined above. Bv aoreeina to bindino arbitration. the Parties mav lose the rioht to litiaate in a court of law those disDutes .- nl covered by the arbitration agreement. -
238 NOTE: IF ACCEPTED. THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT BOTH PARTIES SHOULD READ
z39THlSDOCUMENTCAREFULLY BROKERSMAYPROVlDEAGENERALEXPLANATlONOFTHEPROVlSlONSOFTHEOFFERBUT
240ARE PROHIBITED BY LAW FROM GIVING ADVICE OR OPINIONS CONCERNING YOUR LEGAL RIGHTS UNDER THIS OFFER 02
241 HOW TITLE SHOULD BE TAKEN AT CLOSING. AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS NEEDED.
242 r EARNEST MONEY I
243 I HELD BY: Unless otherwise agreed. earnest monev shall be Daid to and held in the trust account of the listing broker fbuver's agent
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24 if Property is not listed or seller iino broker is involved). until applied to purchase price or otherwise disbursed 2 provided in the Offer.
245 CAUTION: Should persons other than a broker hold earnest money, an escrow agreement should be drafted by the Parties
246 oran attorney. If someone other than Buyer makes payment of earnest money, consider a special disbursement agreement.
~ 247 rn DISBURSEMENT: If negotiations do not result in an accepted offer, the earnest money shall be promptly disbursed (after clearance ! 248from payor's depository institution if earnest money is paid by check) to the person(s) who paid the earnest monev. At closing, earnest
1 249 moneyshall bedisbursed accordmgto thedosing statement. IfthisOfferdoes not close, theearnest money shall bedisbursedaccording
250 to a written disbursement agreement signed by all Parties to this Offer (Note: Wis. Adm. Code 5 RL 18.09(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 court hearing a lawsuit involving the
65 Broker may retain legal services to direct disbursement per (1) or to file an interpleader action per (2) and broker may deduct from the
23 earnest money and all Parties to this Offer; (3) as directed by court order: or (4) any other disbursement required or allswed by law
256 earnest money any costs and reasonable attorneys fees, not lo exceed $250. pnor lo disbursement.
257 m LEGAL RIGHTS/ACTION: Brokefs disbursement of earnest money does not determine the legal rights of the Parties In relation to this
259 or (4) above. broker shall send Buyer and Seller notice of the disbursement by certified mail. If Buyer or Seller disagree with broker's
258 Offer. Buyer's or Seller's legal rlght to earnest money cannot be determined by broker. At least 30 days prior to disbursemen: per (1)
m proposed disbursement, a lawsuit may be filed to obtain a couri order regarding disbursement. Small Clams Court has jurisdlctlon over II earnest money disputes arising out of the saleof residential property with 1- 4 dwelling units and certain other earnest money disputes. yer and Seller should consider consulting attorneys regarding their legal rights under this Offer in case of a dispute. Both Parties
gree to hold the broker harmless from any liability for good faith disbursement of earnest:money in accordance with this Offer or
255 WISCONSIN LICENSE LAW PROHIBITS A BROKER FROM GIVING ADVICE OR OPINIONSCONCERNING THE LEGAL RIGHTS 2% applicable Deparlment of Regulation and Licensing regulations concerning earnest money! see Wis. Adm. Code Ch. RL 18. NOTE:
2s OR-OBLIGATIONS OF PARTIES-TO A TRANSACTION OR THE LEGAL EFFECT OF A SPECiFlC COMXRACT OR CONVEYANCE.
'267 AN AlTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS REQUIRED.
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PROPERTYAD ADDRESS: See attached legal description
269 OPTIONAL PROVISIONS: THE PARAGRAPHS AT LINES 271 - 114 WHICH ARE PRECE&%x BOX ARE A PART OF THIS OFFER IF
Ipase5015.W6-13]
270
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MARKED, SUCH AS WITH AN "x" THEY ARE NOT PART OF THIS OFFER =KED N/A OR ARE LEFT BLANK.
271 PROPOSED USE CONTINGENCY. Buyer is purchasing the property for the pu&e of:
0 Written evidence at (Buyets)(SellePs)(sTRlKEl expense from a qualified soils expert that the Property is free of any subsoil
271 condition whlch would make the proposed development impossible or significantly increase the costs of such development.
275 Written evidence at (Buyets)(Sellets) -[expense from a certified soils tester or other qualified expert that indicates that
216thePrope~ssoilsatlocationsselectedbyBuyerandallotherconditionswhichmustbeapprovedtoobtainapermitforanacceptableprivate
211 septic system for: [insert proposed use of Property: e.g.. three
270 bedroom sinole famllv homel meet aoolicable codes in effect as of !he date ofthis offer. An acceDtable System includes all systemsapproved
2 . This Offer is contingent upon Buyer obtaining the following
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mior use by the State for the Gpe of property identified at line 217 An acceptable system does not Inclide a holding tank, privy. composting
280 toilet or chemcal tollet or other systems (e.g. mound system) excluded in additional provisions or an addendum per lines 179 - 188.
281 Copies at (Buyets)(Selle~s)lSTRlKElexpense of all public and private easements. covenants and restrictions affecting the
282 Property and a written determination by a qualified independent third party that none of these prohibit or significantly delay or increase
284 0 Permits. approvals and licenses. as appropriate, or the final discretionary action by the granting authority prior to the issuance
283 the costs of :he proposed use or development identified at lines 271 to 272.
285 of such permits. approvals and licenses at (Buyer's)(Sellets) (-1 expense for the following items related to the proposed
286 development
287 0 Written evidence at (Buyer's)(Seller's) (-1 expense that the following utility connections are located as follows ( e.g..
288 on the Property, at the lot line across the street, etc.): electricity .gas
289
.sewer
z?o This proposed use contingency shall be deemed satisfied unless Buyer within
291 written notice to Seller specifying those items of this contingencywhich cannot be satisfied and written evidence substantiating why each
days of acceptance delivers
i02specific ilem included in Buyer's notice cannot be satisfied.
291 by a reglstered land surveyor. withln ~ The map shall idenw the legal
!45 description of the Properly, the Property's boundaries and dimensions. visible encroachments upon the Pmperty. the location of impI0Vement.S.
2?6 fany. and
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, water :telephone ;other
mm MAP OFTHE PROPER^. This Offeriscontingent upon a mapofthe Propelty prepared
may be added include, but are not limited to: specifying how current the map must be: staking of all comers Of the Pmperty: identifying
[STRIKE AND COMPLETE AS APPLICABLE I Additionalmapieatures
299 dedicated and apparentslreets. lotdimensions,total acreageorsquare footage, easementsorrightss-ol-way. CAUTION: Considerthe cost
300 and the need for map Features before selecting them. The map shall show no signlficant encroachment(s) or any information materially
301 Inconsistent wilh any prior representations 10 Buyer. This contingency shall be deemed satisfied unless Buyer, within five days of the earlier
102 of: 1) Buyer's receipt of the map. or 2) the deadline for delivery of said map, delivers to Seller, and to listing broker if Praperty is listed. a copy
203 of !he map and a wntten notice which identifies the significant enmachment or the infonnaticn matenally inconsistent with prior repre.WntatiOnS.
:ad INSPECTION CONTINGENCY: This Offer is contingent upon a qualtfied independent inspector(s) conducting an inSpeCtiOn(S). at
305 Buyer's expense. of the Property and
307 unless Buyer within
308 written inspection report and a written notice listing the defects identified in the report to which Buyer objects. This Offer shall be null and
days of acceptance delivers to Seller. and to listing broker if Property is listed, a copy of the inspector's
309 void upon timely delivery of the above notice and report. CAUTION: A proposed amendment will not satisfy this notice requirement
310 Buyer shall order the inspection and be responsible for all costs of inspection, including any inspections required by lender or follow-up to
312 is defined as any condition of the Properly which constitutes a significant threat to the health or safety of persons who occupy or use the 111 inspection. Note: This contingency only authorizes inspections, not testing, see lines98 to 110. Forthe purposes Of thls conbngency a defect
Defects do not include
306 whichdisclosesnodeiec:sasdefinedbelow. Thiscontingencyshallbedeemedsatisfied
s-c ern OF [WSKEGO
318 (x) BY:
It9 euyefs Signature A ?nnt Name Here. * Jean K . Marenda , Clerk P Date
320 EARNEST MONEY RECEIPT Broker acknowledges receipt of earnest money as per line 8 of the above Offer (See lines 242 - 267)
321 Broker (By)
322 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
124 HEREIN AND ACKNOWLEDGES RECEIPT OF A COPY OF THIS OFFER.
327 (X)
328 Sellets Signature a Pnnt Name Here - Souat Secunry NO. or FEIN A Date .
329 This Offerwas presenled to Seller by on ,at-a.m.1p.m.
130 THIS OFFER IS REJECTED
331 THIS OFFER IS COUNTERED [See attached COUnlerl
Seller i"1tla15. Dale. Seller 1n1lla15. Dale.
LEGAL DESCRIPTION
hd .4quisiion
For City of Muskeg0 (htct)
A part of the Sourhwesr % of hc North& !4 of Section 1 I. Town 05 North. Range 20 Eastalso
being a pan of Pm=l t ofCeni6ed Swey Map No. 7356, lacaced in the City ofMuskego,
Waukesha County. Wisconsin descibed s follows (See anached Exhibit A):
Ccmrnencing af the East !'. corner of said Section 11, them: SXiD&3'21W dong the &-wen !4
line of said Section 1 I, 2126.58 fm to the wa line ofDurham Road, thcncc N0I036'27"W
don: said west line, 23.72 feet to &e point cf beginning; then= dong thc arc of a non-tangent
C'JTVC concwe westerly having a mdius of5510.00 feet and whose chord bearsNl5"34'19"W,
X? 1.3 8 kt to the south line of Wads Road; drenc* N69"; 1 ' 14'T along said south line 33.50
f:rr to he norchean comer of said Certified Survey hp: thenc: S1056'2TE dong che wcsf line
ciDur!~~n Road, 325.69 feet tmthe poinr of beainning. Pyczl con~s S525.4 square fett or 0.13
acres.
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PARCEL z
.??EYAINiNG
16 .ai9 ACRES
734.051.6 SO. iT.
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5525.4 50.FT.
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1. Property Taxes. Buyer is purchasing by this agreement a portion of the
property known as Tax Key No. 2201.988. The total property tax due on
said parcel for 2001 is $1 71.36. Buyer shall pay all the property tax due on
said property for the year 2002 when due and shall receive a credit for said
future payment on the closing statement of this transaction in the amount of
$1 71.36.
2. Seller shall execute the original of all attached documents on or before
closing other than the legal description and Addendum.
ADMISSION OF SEfYfY~
Due Service of a Copy of:
8
CERTIFICATE OF COMPENSATION & NOTICE OF
RIGHT TO APPEAL THE AMOUNT OF COMPENSATION
PURSUANT TO WISCONSIN STATUTE §32.05(2a)
Admitted this day of , 2002
Gloria E. Bartz, a Single Person
NOTICE OF RIGHT TO APP
AMOUNT OF COMPENSATI
TO WISCONSIN STAT
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 , 2002.
CITY OF MUSKEG0
By:
David L. De Angelis, Mayor
ATTEST.
Jean K. Marenda, Clerk
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 §32.05
of the Wisconsin Statutes. II Return To:
1 The identity of all persons having an interest Atty Jr
Arenz,Molter,Macy&Riffle
P.0 Box 1348
Waukesha, WI 53187-1348
of record in the property immediately prior to its
conveyance is as follows:
OfO1lOws:
2.
3.
follows:
Gloria E. Bartz, a Single Person Part of MSKC 2201.988
Tax Key Number
The legal description of the property in which fee simple title was acquired is as
SEE ATTACHED LEGAL DESCRIPTION MARKED EXHIBIT "B"
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 and Storm Sewer
improvements.
The amount of compensation is $1,950.00.
Dated this day of , 2002.
CITY OF MUSKEG0
ATTEST, David L. De Angelis, Mayor
Jean K. Marenda, Clerk
This Instrument Was Drafted by:
ARENZ, MOLTER, MACY & RIFFLE, S.C.
720 N. East Avenue, P.O. Box 1348
Waukesha, WI 531 87-1 348
.Attorney Donald S. Molter, Jr
CITY SEAL
Eahibi: B
LEGAL DESCRIPTION
Lad Acquisition
For. City of Muskego (Grantc:)
A part of he Southwesr % of the Northeast !A of Section 11, Town OS North, bg 20 WalS-3
being a pan of he1 2 of Cerrified Swey Map No. 7356, louted in the Ciq of Muslrcgo,
Waukesha County, Wisconsin described as follows (See athchcd Exhibit A):
Ccmmexing af the East X comer of wid Section 11; thenc: S87'48'21"W dong the &-west X
line of said Section 1 I, 2126.55 feetto the wm line ofDhvn Road; the11~~N01036'27"W
alon: said west line, 223.72 feet IO he pint of besinning theoc dong the arc of a non-tangent
c'~rve concave westerly having n ndius of j510.00 feet and whose chord bwsN1?oj4'19w,
;3 1.58 fcrr to the south line of Woods Road; ther.c- N69"21'14T dong said mouth line 33.50
cf Duhm Road jX5.69 fee1 :o the poinr of beginning. Pmd con& 5325.4 quare feet or 0.13
kt (0 &IC norrhcm corner of said Czzified Survey ?&p: thenc- S10'36'25"E dong the west line
acres.
PARCEL Z
REMAINING
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SECTION 11 TOSN-RZOE \
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EAST-WEST% LINE 5~1.48'21~~ /
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WAIVER OF APPRAISAL, RECOMMEND ~ N & APPROVAL
.. Owner. Gloria E. Bartz, a Single Person
Acquisition of. See Attached Legal Description
Interest Acquired: Fee Simple Title for Highway and Storm Sewer Improvements
The undersigned owner of land designated as in the attached legal
description, containing approximately 0.1 3 acres agrees to accept settlement in the
amount of One Thousand Nine Hundred Fifty & No1100 ($1,950.00) Dollars as full
payment for the fee simple title stated, subject to the approval of the City of
Muskego.
The undersigned owner has 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 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 , 2002.
Gloria E. Bartz, a Single Person
Exhibit B
LEGAL DESCRIPTION
Land Acquisition
For City of Muskego (Grantee)
A part of the Sourhwest 'A of the Northeast !4 of Section 11. Town 05 North. h~ 20 Mako
being a pan of Parcel t of Certified Survey Map No. 7356, locjted in the City of Muskego,
Waukesha Counry, Wisconsin described as fallows (See mchd Exhibit A):
Ccrnmexing a[ the E& !< comer of mid Sdon 1 I; the S87'48'21W alongthe --west %
line of said Section 1 1,2126.55 fcet to the wm line ofDumm Road; theace N015i6'2TW
alon; said wen line, 223.72 feet to the pint cf beginning; then= dong the arc afa non-tangent
CJTV: concave westerly having a ndius of 5510.00 feetand whose chord bears NIJo3J'19"W,
>3 I .j8 her to the sou& line of Wocds Road; rhmc: N69"5I'14"E dong said south line 33.50
fzrt to thc norrhevr corner of said Cerrified Survey IM3p: rhencz S 10'36'27"E along the west line
cf hrSm Road, 385.69 feet to the poin~ of beginning. Pm-1 contains 5525.1 square f& or 0.13
acres.
PARCEL 2
i?EMAiNiNG
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5525.4 S0.FT.
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WAIVER OF APPEAL
AMOUNT OF COMPENS
TO WISCONSIN ST
For valuable consideration, hereby acknowledged by the undersigned, I
hereby waive any and all rights that I may have to appeal the award of
compensation made under Wisconsin Statute §32.05.
Dated this day of , 2002.
Gloria E. Bartz, a Single Person
STATE BAR OF WARRANTY
SEE ATP4CHED LEGAL DESCRIPTION
MARKED EXHIBIT "6"
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Atty Donald S. Molter, Jr. Name ayI Rat," Aa*islT
Arenz.Nolter.MacY 6 Riffle, S.C.
P.O. Sox 1348
Waukesha, WI 53187-1348
Exhibit B
LEGAL DESCRIPTION
Lad .4quisiin
For City of Muskego (kt=)
.4 pan of the Southwest 'A of the Northeast !4 of Section I I. Town 05 North, huge 20 matso
being a pan of Parel 2 of Cenitied Swey Map No. 7356, loczred in the City ofMuLcgo,
Waukesha County, Wisconsin described as follows (See artached Exhibit A>
Ccmmeccing at the E& % comer ofuid S&on 1 I, thence S87°48'21W dong the &-west %
line of said Section 1 I, 2126.58 th to the wesf line ofDurham Rod, then= N0L036'27''W
alon: said wuen line, 223.72 feet to the pint cfbeginning thencc dons the yr; Of3 non-tangent
C'JN- ccnczve westerly having 3 ndius of5510.00 fctt and whose chord beysNlj.j4'19W,
53 I .i8 f:e: to 5e sou* lice cf ~ocds Road; hex:: NS"; 1' 1J"E along uid SOUL! line 33.50
fa IO he nodm comer oizaid Certified Survey .Map: thencc S 1 G'36'2i"E dong the west linc
cihrhm Road. 325.69 ie~ to the point ofbe2inning.. Parccl wntsias 5525.4 que feet orO.13
acres.
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PARCEL 2
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EAST% CORNER
KCTION I1 T05N-RZOE \
- AlTACHMENTS Wisconsin * STAPLE
HERE Real Estate Transfer Re!,&@- Confidential
e To complete see lnstructlons for Real Estate Transfer
Submit original lorm 10 Register of Deeds with Completely fill in 811 appropriate areas. TYPE or PRINT learly In BLACK INK, and use ALL UPPERCASE LETTERS. If typing form. type through vertical character lines.
I. GRANTOR (Seller) II more than ONE (1) grantor. the& box a1 leR and &I on alladled addendum. Note: has 67-72 musl be Mmpleted uih granlo<s addrers.
I. YOUIL~IINY~~~~CD~P.~~~~~ nOI.F~mmupusw~Mmdcoupkupn.p-r1~Mnm(u.h.n.
GLOR1.4 E
11. GRANTEE (Buyer) If more lhan ONE (1) granlee. check box at len and lis1 on anached addendum.
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Wisconsin
- Real Estate Transfer Return I VI. TRANSFER
1.1.1
VII. GRANTEE'S FINANCING Fb m- u. crc,~,,.m.IIllnndngtlp.lM~h conrnnrul Gn" -
VIII. PHYSICAL DESCRIPTION AND GRANTEES PRIMARY USE OF PROPERTY
F" omma Inn uu " e" x Zky
GRANMR : GLORIA E BART2
GRANTEE: CITY OF MUSKEGO
Exhibit B
LEGAL DESQUFTfON
Lad Acquisition "
For City of Muskego (Grantee)
A pan of the Southwest % of the Norrheasf % of Section 1 I. Town 05 North, Range 20 hsalso
being 3 pm of h:l2 of Cenified Surtey Map No. 7356, located in the City ofhfuskgo.
Waukesha County, Wisconsin described as follows (See anached Exhibit A):
Commencing a the E& !A comer of said Section 1 I; thme S8i0W21 W alongthe &-west %
line ofsaid Section 1 I, 2126.55 &to the we line ofDurham Road; t!1enceN01036'2T'W
along said west line, 223.72 feet to the point of beginnin& thence dong thc UT of a non-tangent
C'JNC concwe westerlyhjving andius of jj10.00 fetand whose chord bemN1J054'19W,
:3 l.38 De: :o he sou& line of Wocds Road; thenc: ?459"2 I '14"E along said south line X.SO
fm [o thc norrhcan caner of said Certified Survey Map: the S10'36'272 dong rhc west lie
cf~~~nRoad,3~5.69feettorbcpointofbe~~ing.Parcslconuinsjj25.~squ~efrtor0.13
acres.
GRANTOR : GLORIA E. BARTZ
GRANTEE : CITY OF MUSKEGO
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PARCEL 2
REYAINiNG
734.057.6 S2. FT. 16 .E49 ACiES
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5525.4 SO.FT.
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. CHICAGO TITLE INSURANCE COMPANY
Construction Work and Tenants Affidavit q% - 0
I. I am the Owner of the property (the Property) number 1124429
issued by CHICAGOTITLE INSUFUNCE COMPANY
I 2. Construction work. (Check One Box)
Rcpair or constructi~~n work HAS NOT been done on the Property in thc past six months
c] Repair or construction work HAS been done on the Property in the past Si months. The total dollar amount
of the work is approximatelv S . All of the people who supplied labor or matcriai arc
listed below. All licn waivers I collected lrom these people arc stapled tn 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)
0 Thcrc arc NO tcnants.
Thcrc arc tcnants, but all havc lclt thc Prupcrty or WILL LEAVE as ol closing.
Onc or more tenants WILL STAY altcr this salc is closcd. Thcir namcs arc:
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.
Darud this day of , 2002 (year).
OWNER
Subscribed and sworn to bcfore mc this
day of 7- (year).
e By Gloria E. Bartz, a Single Person Notary Public, Waukesha County, Wisconsin - *
permanent):
My commission (expires) (is
F5MC R 4 f 16/99
IolrnUo ./OB
CHICAGOTITLE INSURANC
Affidavit as to Broker
Thc undersigned, being duly sworn, deposes and says:
That I am the owner or purchaser (the Owner) of property further described in commitment to insure number
0111124.129 (the Propcrty) issued by Chicago Title Insurance Company (the Company), or partner, olficcr or
member of thc Owner with authority to make the reprcscntationr below.
(Complete one)
- No real estate broker is or will be entitled to a commission from Owner under a listing contract or buyer
or management of the Property under which a commission is prescntly owcd.
agency contract having to do with the purchase or sale of the Property, and there is no contract for the lease
X
- The following is an accurate and complcte list of all real estate brokcrs 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 thc Property, and/or with whom the Owner has a contract lor the lease or
managcmcnt of the Propertv.
LISTING/BUYER BROKER
Namc
Address
Telephone number
Amount of commission owcd or to be owcd:
LEASING/MANAGEMENT BROKER
Namc
Address
Telephone number
Amount of commissions owed on this date:
,%tacked her:to is a waiver of lien rizhts from each broker listed above, or a copy of the Closing
statement showing that each broker will be paid at closing.
This afhdavit is given to induce the Company to issue its policy or policics of title insurance. The undcrsigncd
indemnities Chicago Title Insurance Company against any loss caused by the existence of any inaccuracies or omissions
of this indemnification.
in the above information known to the undersiped and not disclosed to the Company, plus any cost of the enforccmcnt
Dated this day of . 2002 .
OWNER 0 Subscribed and sworn to before me this
day of .- 2002 (year).
By: Gloria E. Bartz, a Sinle Person
xfx Notary ~li~, Waukesha county. Wisconsin
My commission (expires) (is
Commiiment No. 1124429
WHEREAS. the CXICAGO TITLE INSURANCE COMPANY, a Missouri coqoration
(Chicago), is about to issue its title insurance policy or policies (the
Policies) to the proposed insured(s) for property described in the
akove-referenced commitment, insuring against loss by reason of defects in the
title to said propezry (the Land);
ALL. WHEREAS, Chicaco has made excegxion for defects. liens.
encmbrances, adverse claims or other matiers, if any, created, first
appearing in the public records or attaching between the effective date of the
title insurance Commitments and the date of recordins Of the deed and/or
mortgase eo be insured (Gap Defect(s));
RND. W€iEREAS.Chicaso has been asked to issue the Policies. and my
hereafter in the ordinar( c3urse of its business issue title inSUanCe
policies or commitsents in respect to the Land, or some part or interest in it
(the Future Policies). removing or insuring against loss by reason of the Gap
Defect(s1 ;
NOW, THEREFOR;, in consideration of the issuance of the Policies Or
Future Policies, the undersismd covenant(s) and agree(s) with Chicago forever
ta protect. defend and save Chicas0 hamless from and against Gap Defect(s)
cr=a:=c, sucftrd oe aqzzze cz by the ~~d~~sic:.er? and exce?c as disclosed in
WriticS t3 Chicaso, acd axy right. interest or defect SrOwing Out Of the Same.
including all loss, costs. damages, and attorneys‘ fees and e-qenses which it
may incur by reason thereof, including loss, costs, damages. fees and elcirenses
incurred in actions brought to enforce this agreement; to &efend at
undersiqned‘s own COSK ar.y and ever{ suit, action or proceeding in which the
Cefect(s1 was created, sufferzd or aS=eed t3 by the unle=siF.ed and.
exce?t as disclosed in vriting to Chicago, is or are asserted against the real
esz::?; to satisfy or remove such cap Defect(s) on written demand within
thirq days; and that each and every provision herein shall extend to and be
in €orce concerning Future Policies.
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Dated this day of , 2002 .
FOR CORPORAXONS FOR INDiXDuU