CCR2002081Amended
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #81-2002
RESOLUTION AS TO OFFER TO PURCHASE - KOTNIK
Storm Sewer Watercourse Control Improvement Project
WHEREAS, The Common Council authorized an Offer to Purchase for the Kotnik
property for the Storm Sewer Watercourse Control Improvement Project on February
26, 2002 through Resolution #44-2002; and
WHEREAS, The Common Council has reviewed a counter offer received from Mr
Kotnik.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego does hereby reject the counter offer and authorizes the Mayor, in consultation
with the City Attorney, to amend the City's original offer upon resolution of Items 1 and
3 in the Counter Offer and documentation referred to in No. 2 of the counter offer will be
deleted in the final offer
w DATED THIS 9th DAY OF April , 2002.
SPONSORED BY:
David L. De Angelis, Mayor
This is to certify that this is a true and accurate copy of Resolution #81-2002 which was
adopted by the Common Council of the City of Muskego.
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COUNTER-OFFER
No. 1 by Sellcr
a
The Offer to Purchase dated 3/22/02 and signed by Buyer, City of Muskego, for purchnse
of rcal estate at City of Muskcgo Tax Key No. 2198.991, as described in legal description
attached to Offer, is rejcctcd and the following Counter-Offer is hereby made. All terms
and conditions rcmain the same as slsted in the Offer 10 Purchase except the
following: [CAWION: This Counter-Offer does not include the terms or
eondilinns in any other counter-offer unless incorporated by rcfcrence.]
1, Buyer is aware OF Joint Drivcway Agreement recordcd as Document No. 2719668.
Convcytum of title will bc subject to same.
2. ,411 requirelncnts of the Offer that Sellcr provide any documentation signcd by
Ihcoln StakBank are deleted. Scller warrants and represents to Buycr that Lincoln
State Bank has no ownership, lien or other interest in the property covered by the
3. All rcquirements of thc Offcr that Seller provide any documentation signed by Nancy
Kotnik are deleted. Scller warrants and rcpresents to Buyer that Nancy Kotnik has no
owmship, lien or other interest in the property covered by the Offer, and that Seller
has wid, in full, the payment due Nancy Kotnik as rcfcrred to in Exception 15 of
Schedule B, Scction 11, of Chicago Title Insurancc Company Commitment NO.
1 I 1859fKOM Amended, effective date 1/16/02. The closing of this transaction is
contingent upon Chicago Title Ixmoving said exception, or upon anothcr Title
Company issuing a Title Jnsurancc Conunitmen1 without cxceplion for any possible
claim or right of Nancy Kotnik. Seller hereby advises Buyer that he believes hc will
be able to obtain, prior to closing, sufficient documentation to satisfy Chicago Title.
Seller funhcr advises Buyer that he hns reviewed this matter with anothher title
company, and has been informed that the judgment of divorce referred to in thc
Chicago Titlc Commitment docs not create a lien on this properry, and that such other
titlc compmy would be willing to provide title insurmce without any exception for
possible rights of Nancy Kotnik.
OITk
ANY WARRANTIES AND REPRESENTATIONS MADE IN nns COUNTER-
OPFl2R SURVIVE THE CLOSING OF THIS TRANSACTION.
'Ibis Co~mler-Offer is binding upon Scller and Buyer only if a copy of the acceptd
Counlzr-OTfer is dclivered IO the Party ~nalring the Counter-Offer on or before April IS.
2002 (Time is of the Essence). Delivery of the acccpted Counter-Offer may be made in
any mmncr specitied in the Offer to Purchase, unless otherwise provided in this Counler-
Ofh. NOTE: The Pnq making this Counter-mer may withdraw Uc CounlerOfler
prior lo acceptance and delivery as provided herein.
lllis Countcr-O&?r was drnfkd by Attorney Daniel R Hcidcn, State Bar #IO1755 I on 4/5/02.
COMMON COUNCIL -CITY OF MUSKEG0
RESOLUTION #81-2002
RESOLUTION AS TO OFFER TO PURCHASE - KOTNIK
Storm Sewer Watercourse Control Improvement Project
WHEREAS, The Common Council authorized an Offe; ase for the Kotnik
property for the Storm Sewer Watercourse Control,lmpro$&nt Project on February
26, 2002 through Resolution #44-2002; and I.
WHEREAS, The Common Council has offer received from Mr
Kotnik.
NOW, THEREFORE, Council of the City of
Muskego does hereby authorizes the Mayor, in consultation
with the City Attorney, to offer upon resolution of Items 1 and
x
<’ y.
3 in the Counter Offer
I
DATED THIS __ DAY OF L, 2002. a I* t/
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SPONSORED BY:
David L. De Angelis, Mayor
This is to certify that this is a true and accurate copy of Resolution #81-2002 which was
adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
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