CCR2003054.~
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AMENDED
. COMMON COUNCIL. CITY OF MUSKEGO
RESOLUTION #054-2003
OFFER TO PURCHASE - LINDEMANN
(Highway Right-of-Way Improvements and Storm Sewer Improvements)
BE IT RESOLVED That the Common Council of the City of Muskego, upon the
recommendation of the Finance Committee, does hereby authorize the execution of the
attached Offer to Purchase, as amended, for the Jane Lindemann property for highway
right-of-way improvements and storm sewer improvements.
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 11th DAY OF March ,2003.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Rick Petfalski
Ald. Nancy Salentine
Ald. Patrick Patterson
This is to certify that this is a true and accurate copy of Resolution #054-2003 which
was adopted by the Common Council of the City of Muskego.
~K h1~ Cle reasure~
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Co In - ,'{:1:ro ~~~r.f~~'ðs~a~\el':'" :i'" ";';;;;" ':0 :rWB-13 'VACANTLAND'OFFeR TÒp~G6'.' Sb~'e!?8Ia'J!(.'iß!,U2q'HUlMi~uI(OO:;W~)
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-,.~X~~~~:~:,~:-~~i~~~' . 30fferstopurchasf!thePropertyknownas[Stfeetjl,ØdressJ see attached'-'leqal description" '" " """'~"" 4'" -, '''In)!1e'' City' , of" Muskeqo., ',',', ' ' ;Countyof Waukesha", ";", 5 Wisconsin, (Insert additional description, if any, at fines ,179'.187 or attach as'an addendum, line 188), on the follòwing terms:' ':' ,.0:
6. ,PURCHASE PRICE; TWO THOUSAND AND' NO/1Oo-~-:':_~-,...::::'::_-_':":'::,:,':-...::"':"":__':'_---_":':'-..:;"':'::.:"":'.:::..--:...":'2::"::.:.-
7 _.:._~------------_..:_-----_.:._---------------------- Dqllars ($ . 2 . 000. 00------------'-----------), 8. EARNEST MONEY of $(). 00------------- accompanies this Offer and earnest money of$ nla "
9 will be paid within n h. " days of acceptance.' .. .. '....
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10. THE BALANCE OF PURCHÀSE PRICE will be paid in cash or equivalenÎ at closing unless otherwise' pròvided below: " :: ' ,,: '
11. ADDITIONAL ITEMS INCLUDED)(Ij PURCHASE PRICE: ßeller shall include in the purchase price and iransfer, free and clear'of
12 encumbrances'!311 fixtures, as defined at.lines)5 -,18 and as mäy be on the Property on the date of this Offer, uniess excluded at fine:í4,.
13andthefollowi~gadditional!tems:-none ,""
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14. ITEMS NOT INCLUDED IN THE PURCHASE PRICE: none
15 A "Fixture" is'defined as an ite'11 of property which Is physically:attached to or so closely associated 'with land so as to be treated 'as part
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16 of the real estate, including, wiih.out fil1')itation, physically'attaèhed items not ,easily remováble without dam?ge to the Property, iiems
17 specificàlly ad?pied to the Prppèrty,. and items custom~rily treateci"as fixtures inciuding but not limited to ,ail: perennial crops; garden
18 bulbs; plants; shrubs and trees. CAUTION: Annual crops are not included In'the purchase price unless otherwise'agreed at line 13, '
19. ZONING:SelierrepresentS'thattheProperty'lszoned "RS":2,
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G,'::," ."; ;", ,", "",, '0 ,,' 0";','" Co'" ,," ".",' ".' 20 ~,Acce-pta~s:e^öc,ëurs' when all B~yers apd Sellers have ,s!gn~d an.ìdeQ,!ical cqpy of the Offer, including signatu!,<is',pJj,~
21 separate but identi<<aI copi~s pf the Offer. CAUTION: De;idlines in the Offer are commonly calculated from acceptance. ,Consider'
22 whether short term deadlines running from acceptance provide adequate time for both binding acceptance and pelformance.
23 ~ This Offer:i~, ~inding upon botH P~Î'tie~ onlylf ~c6py of ~he accepted. Offe~ is ~elivered 10 Buyer on'~V-' c,:, 24~::t ') 2ro:>' . CAUTION: ThIS Offermay be wIthdrawn prIOr to delivery of the accepted Off"r.
25 DELIVERY OF DOCUMENTS AND WRITTEN NOTICES Un!es's otherwise stated in this Offer, delivery, of docum'ents and writt,en Ì1ótices',
26 to a P",rty shall be effective only when accomplished by one of the methods specified at lines 27 - 36;,' , ' "
27 (1) By depositing the document or written notice postage or fees prepaid in the U.S. Mail or fees prepaid or charged to an account with . 28 a commercial'd!,live,ry service,:~ddressed eith~r to the~a~: orto t~e Party's redpient'fòr ~eilvery designated at lines'30 or'32, (if a:~ý')>
29fordeliverytotheParty'sdeliveryaddressathhes~1br3,3.
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"-'.." 30 Seller's recipientfordelivery (optional): Jane A. To; ndR';'i'I"',.," ,
31Sèller'sdeliveryaddress:~'S"7"" 1A//~ó2// NÛÍ'"'é"//'I, ,/,), Mo'"k-'f!í/J WI 'c5c'3'/S'n
32 Buyer's recipientfordelivery (optional): Mayor Mark A. Slocomb :/ :" /
33Buyersaelivery?dd~"ss:' City of Muske'qo, P.O. Box 749, Muskego,"WI '53150-0749
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34 (2) By giving thé document ór Wrinen notice personally to the Party or the Party's Í'ecipient for delivery Wan individual is designated at lines 30 or 32.
35 (3) By, fax transmission of the document or written notice to the following teiephone number. .. '," " ""',', 38 Buyer:(:262 ).. 67,9-5630 ' .., Seller. ( : ) .. ,,'
37 ~ Occúpancy of the ënlÌre Property s~'all be 'given to Buyer atjime of closing unless otherwise provided in this Offer (lin<;!s,
38 179 - 187 or in an áddendum per lineJ 88): Occupancy shall be giveri subjëctio'tenant's' rights, if any, Càution:'Consider an agreenierit '. ',' ..'.,
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, '.. "'" , ,. 39 which addresses responsibility for clearing the Property of personal property and debris, if applicable. ' ", '
4O~, if Property is ~~rreritiy leased ?~d lea;e(s) exte'ncÌ beyond closing, Seller shall assign Seller's rights ~nder said,
41 lease(s) and transfer'alt security deposits and prepaid rents thereunder to Buyer at closing. The terms of the (written) (oral) ISTRIKE ONEI
42Iease(s),ifany,are Nò leases; 'written or oral, affect this property. "
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" "... 43~Thistran5actioiÍistobeciosedat' .. .. "
. Muskeao City Hall .
44 nolaterthárí' fl.!?,,:! 30 ,2.1<>3 unlessanotherdateorplaceisagreedtoinwriting. 45~" 46
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'" , "'" 853 PROPERTY CONDITION PROVISIONS, ,",,",' -' ','," , " ',-, ,
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54. PROPERTY CONDITiON REPRESENTATIONS: :S~lIe; represents to Buyer that as of-the date of acceptance Seiler has no notice
55 or knowledge of conditions affecting llie Property ofléansactión (see below)'other than those identified in Seller's Real Estate Condition
56 Report dated" '2~1'8..:.03 '.,.. "":which was reè'ehíed'bý Búyer priorïo Buyêr signing this Offer and which is made a part of this Offer 57byreferen'éel.,
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.59A "condition affecting the Property or transaction" is defined as follows; .' '!page 2 of 5, WB-13]
60 (a) planned or commenced'public improvementl! .which'may result in special assessments or otherwise 'materially affect the Property
61 or the present use of the Property; .. . "
62 (b) completed or pending reassessment of the Property for property tax purposes; ."<0) government agency or court order requiring repair, alteration or correction of any existing condition;
d) any land di\(isioh ;rlVılvin!:ï!hè subject Property, for which required state or local approvals had not been obtained;
65 (e) any portion of.t!)~.ProQ8rty being jn a 100 year floodplain, a wetland or a shoreland zoning area under local, state or federal laws;
66 (f). conditions co"l!tituting a significant health or safety hazard for occupants of Property;.
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67 (g) . underground or aboveground storage tanks on the Property for storage of flammable or combustible liquids including but not limited to
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68 gasoline and heating oil which are currently or which were previously located on the Property; NOTE: Wis. Adm: Code, Chapter
69 Camm 10 contains regislra60n and opera60n rules for such underground and aboveground s1orage 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 OJ any portion of the Property being subject to, or in violation of, a Farmland Preservation Agreement under a County Farmland Preservation
73 Plan or enrolled in. or in violation of, a Forest Crop, Woodland Tax, Managed Forest, Conservation Reserve or comparable program;
74 (k) boundary disputes or material violation offence laws (Wis. Stats. Chapter 90) which require the erection and maintenance of legal
15 :. >. fences between adjoining properties where one or both of the properties is used and occupied for farming or grazing purposes;
160) . wells on thè Property required to be abandoned under state regulations (Wis. Adm. Code NR 112.26) but which are not abandoned;
11 (m) .<:istems.or septic tanks on the Property which are currently not servicing the Property;. . '18 (n) subsoil conditions-which would significantly increase the costofthe development proposed at lines 271-272, IT any, including, but not limited
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to, subsurface foundations, organic or nOlH>rganic fill, dumpsites or containers on Property which contained or currently contain toxic or
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hazardous materials, high groundwater, soli conditions (e.g. low load bearing capacity) or excessive rocks or rock formations on the Property;
81 (0).. :a lack'0f1ega1 vehicular access to the property from public roads; . .' 82,(pj"'priofr.eimtiursemenUor corrective action costs under the Agricultural Chemical Cleanup Program; (Wis. Stats. S94.73.) â3 (q) other conditions. or -occu.rrences which would sjgnificantly increase the. cost of the development proposed at lines 271 to 272 or
84' 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 footage/acreage figures,
Ð6 or allocation of acreage information, provided to Buyer by Seller or by a broker, may be approximate because of rounding or other
.. 81 reasons, unless verified by surveyor other means. CAUTION: Buyer should verify land dimensions, total square footage/acreage
. Ð6 figures or alloca60n of acreage informa60n if material to Buyer's decision to purchase. "
89. ISSUES RELATED TO PROPERTY DEVELOPMENT: WARNING: If Buyer contemplates develòping Property or a use other than the
9Ó current use, there are a variety ofissues which shoyl.d be addressed to ensure the development or new use is feasible. Municipal and zoning
91 ordinances, recorded building and use restrictions, covenants and 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 i~stallation of roads or utilities, environmental audits; subsoil tests, or other development related fees may need 410 be obtainéd or verified in order to determine the feasibility of development of, or a particular use for, a property. Optional contingencies
NÎ1ich allow Buyer to investigate certain of these issues can be found at lines 271 - 314 and Buyer may add contingencies as needed in
addenda (see line 188). Buyer should review any plans for development or use changes to determine what issues should be addressed
. 91 in these contingencies.
98. INSPECTIONS: ~eller agrees to allow Buye~s inspectors reasonable access to the Property upon reasonable notice if the inspections
.99 are::reasonably necessary' to satisfy the contingencies in this Offer. Buyer agrees to promptly provide copies of all such inspection
100 réports to Seller,:and to listing broker if Property is list"d. Furthermore, Buyer agrees tp promptly restore the Property to its original
'101 condition after Buye~s inspections are completed, unless otherWise àgreed in this Offei:An "inspection" is defined as an observation 1~ì;>fth.~Propertý'whi.ch.i!oes not include testing of the Property, other than testing for leaking LP gas or natural gas used as a fuel source, 103Which are hereby authorized., -,
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.. 104 ,; TESTING: Excep~as otherwise provided, Selle~s, authorization for inspections does 110tauthorize Buyerto conducttesting ofthe Property.
1p;;.~"tB2f' is.c!~finèd as the.taking of samples of maierials such ~s soils, water, air or building materials from the Property.and the laboratory
106{j~the"analysis of these'materials:' If Buyer requires testing, testing contingencies must be specifically provided for at lines 179 - 187 or .
101 in an addendum pei1ine 188. Note: Any contingency authorizing testing should specify the areas of the Property to be tested, the purpose
108pfthe test, (e.g., 10 determine IT environmental contamination is present), any limitations on Buye~s testing and anÿ other material terms of
109 th)'! contingency (e.g., Buyer's obligation to return the Property to its original condition). Seller acknowledges that certain inspections or tests
~10 ,may detect environmental pollution which !!lay be required to be reported to the Wisconsin Department of.Natural Resources.
111 . PRE-CLOSING INSPÈCTlON: At a reasonable. time, pre-approved by Seller orSelie~s agent, within 3 di'Ys before closing, Buyer shall 112'have the right to inspect the Property to determine that ther~ has be.en no significant change in the condition of the Property, except for
T13 chãnges approved by Buyer. -.' "..' ," . . . !14.~ëPROPERTY DAMAGE BETWEEN ACCEPTANCE AND CLOSING: Seller shall maintain the Property until the earlier of closing or
115 occupancy of Buyer in matérially the. sjlme condition as of the.date of acceptance.of this Offer, except for ordinary wear and tear. If, prior
116.10 çlosing, the Property is damaged in.~n amount of not more than five p~rcent (5%) ofthe selling price, Seller shall be obligated to repair
1111hë Property and restore it to the sarrie condition thatit was on the day of this Offer. Iftbe damage sha!l. exceed such. sum, Seller shall
'118jJromptly notify Buyer in' writing ofthe damage and this Offer may be' canceled at option 'of Buyer. Should Buyer eleclto carry out this
119 Qfferdespite suchaamãge; Buyershall be entitled to the insurance proceeds relating to the damage to the Property, plus a credit towards
120)he. purchase price equal to the amount of Selle~s deductil:!le on such policy. However, if this sale.is financed bÿ a lãnd 'contraCt or a
121,mırt a e to Seller, the insurance proceeds shall.be heid in trust for the sole purpose of restoring the Property. '.
122 FENCES Wisconsin Statutes sectioD 90.03 requires the owners of adjoining .properties. to.keep and maintain legal fences in equal
123's ares w ere one oi both of the properties is used and occupied for farming or grazing purposes. CAUTION: Consider an agreement
'124 addressin res onsibility for fences if Property. or adjoining land is.used and occupied for farming Dr grazing purposes.
. DELIVERY/RECEIPT' Unless otherwise stated'in this Offer; any signed document transmitted by facsimile machïné (fax) shall betre.ated
"ca.~ lrIa_n~e,~ '!.pd r~~pe.ct'kas,an- original doc~!)1ent aQg)he sign"ture of.any. Party upon a document transmitted by fax shall be considered
'. 'a",,!!!~~,!\,.I-sifI.~,"!:B;'P\$"}opaLqe.l.i,very t?: or actual receipt by, any named Buye~ or~eller constitutes personal delivery to; or actual regeipt
.128.by Buyet'or.Sèller ,,-Önce.tecëNed, a notice Cilnnoj be WIthdrawn by the Party dehvenng the notice WlthoutltJl! consent of the earty receIVing 12!E1hë ñô1ì/:éf, JVRartÿ;ìñay. not ûìiilaternllÿ'reinstate a contingency.aftef'lflmtii::êót ð èontirigë!,yey.yJillV,klìas be!iif/eêeivèd' bytlfe 'Òther.Pá'i'tý.
130, TIj!; ~~JLv:e'Y.PfP'V:isi.ç>~s in this Offer ma~!Jè 1!10dif!~~~e~ 1iPp~pa~'{I!;~~~'lìfT.WI~ltyery is not dèsi~bl~ {see'IIlÍíis 25 (; 3.6). " 13':. fjUJ!.es:a~rlS!jl!ß.r au.thonze the agents of BuS'er and Sèlierto dlStribute'coptes oftheOffèHO'BilYefs lender, appraisers, title Insurance comR1!rnes .
132.ai1<t-a-nfo!heti-seltJeme.rit'servic&pròvidersföí'the.fii:jiisaction as defined by.the Real Estate Settlement Procedure!;'Äòf(RESPA)':'"' "'. ,..
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W"""""n logal81~k Co., Ino, .1.33PROPERTYA.[)(jRESS:~ .:See..att.ached. legal desc:r::iption'~!!r.;[)'
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134~;1i!'1.".!s~~fthe Essenc.e" as.to: (1~t!Ð&t:I~]lã!l~pa~1.f!2) ~!!din~3tçii~.Pt~~5,,~(3LÖ~c9ù'P.~t~YfI1)
.135 date of closing: (5) conting~ncy deadlines~and all other dates and deadlines in thisOfferexcept:,none 0;("" !:: 136 . '. ,', '. ". ...' - ". "".:':' ;':If''Timeisë,fthdEssencë''
8 .t37 applies to a date or deadline, failure to perform by t)1ø exact, date or dea~line is a breach of contract. I,f '!.imei~.of the.Ei~s~ricë~:doe~
136 not apply to a date'or deadline, then performance within a reasonable time of the date or deadline is allowed before a breach occurs. .139 ~ Deadlines expressed as a number of "days" from an event, such as acceptance, are calcùlated by excluding
140 the day the eve.nt occurred and by counting subsequent calendar days. The deadline expires at midnight on .the last .è)ày. Deadlines 14.1 expressed as a specific number of "business days" exclude Saiurdays, Sundays, any legal public holiday under Wisconsin or Federal 142 law, anô other day designated by the President such that the postal service does not receive registered mail or make regular deliveries 143 on that day, Deadlines expressed as a specific number of "hours" from the occurrence of an event, such as receipt of a nótice, are
144 calculated from the exact time of the eveni, and by counting 24 hourS per. calendar day. Deadlines expressed as a spEÙ:ific (jay of thè
145 calendar year or as the day of a specific everii, such as closing, expire at midnight. of that day. .
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'., 146 THE FINANCING CONTINGENCY PROVISIONS AT LINES 148 -162 ARE APART OF THIS OFFER IF LINE 148 IS MARKED,
147 . SUCH AS WITH AN "X~. THEY ARE NOT PART OF THIS OFFER IF LINE 148 IS MARKED NIA OR IS NOT MARKED.
.148~ FINANCING CONTINGENCY: This Offeriscontingentupon Buyer being able to obtain a '. .
149 INSERTLOAN PROGRAM OR SOURCE ~.;sïríiOrtgag" loan commitment as descfiþed'þelow, within ~ qays of.acceptance of this
ISO Offer. Th.e financing selected shall be i9.a!Í.amount of notless.than $ "
. for a term of not less than years, 15.1 åmortized over notiess than . years. Initial monthly payments of principal'and interest shall not exceed $
152 Monthly payments may also include 1/12th of the estimated net annuàl real estate taxes, hazard insurance premiums, arid private
153 mój{ga'ge,ins.1!iáñi:~premiums, The mortgage may not include a prepayment premium. Buyer agrees to pay a loan fee not t9 exceed .154 . '% of the loan. (l:ó?n fe,e referS to discqù~t points andlor I?an origination fee, butDOES NOT.include Buyer's other slosing
155 costs.) If the purchase pnce.under. tJ)isOffer is modified, the financed amount, unless oÌl1erwise provided, shall be adju~ted"
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156 to thesame percentage ofthe purchase priée as in this' contingency and the monthly payments shall be adjusied as necessary to maintain 157 the tern; arid amortltation staied aIJove.CHECK AND COMPLETE APPllCABlÈ FINANCING PROVISION AT LINE 158 OR 159.
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0 FIXED RATE F.INANCING: The annual rate of interest shall not exceed %. " ,
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159 . 0 ADJUSTABLE RATE FINANCING: The initial annual interest rate shall not exceed %. The initial interest rate shall
160 be fixed for'" ., . "months, at i,;hich time the intere,st rat~ may be increased not more than % per year. The maximum
.161 interest rate during" the n.;ortgage .term shalrnot exceed ,.' .,
%. Monthly payments of principal and interest may be adjusted
162 to reffect interest changes. .' .
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8.16J LOAN COMMITMENT: '.BUyer agrees to þay all customary financing costs (including closing fees), to apply for financing promptly, and 164 to provide evidence of application promptly upon request by Seller. If Buyer qualifies for the financing described in this Offer or other 165 financing acceptable to Buyer, Buyer agrees to deliver to'Selier a Copy o{ the written ioan commitment ~o later than th.e d~adline for loan .166 commitment at line 149. Buye,:"s delivery of a copy ofanÿ'Written. 10"0: coñ,!mit.mentto Seller.(even if subject tö conditions) shall 167 satisfy the !3uyer's financing contingency unless accompanied by a notice of unacceptability. CAUTION: BUYER, BUYER'S LENDER .1~ AND AGENTS.QF BUYER OR SELLER SHOULD NOT DELIVER A LOAN COMMITMENT TO SELLER WITHOUT BUYER'S PRIOR 169 APPROVAL OR UNLESS ACCOMPANIED BY A NOTICE OF UNACCEPTABILITY.
. .t70 SELtER TERMINATION RIGHTS: If Buyer iJoes not make timely delivery'òf said'cómmitinent;'Seiler may teniiiriáiã.this'Offer. if ~eller m delivers a written notice of termination to Buyer prior to Seller's actual receipt of a còpy of Buyer's written loan com'mitmen!:'" , '.
m FINANCING'UNAVAILABILlTY: If financing is not available on the terms stated in this Offer (and Buyer has not already delivered an 173 accep.table loan commitmentfor other financing to Seller), Buyer shall promptly deliver written notice to Seller of same including copies .t74 of lender(s)' rejection letter(s) or other evidence of unavailability. Unless a specific loan source is named in this Offer,'Selier shall then. .t75 have 10 days to giveBuyer wrìtten notice of Seller's decision to finance this transaction on the same terms setforth in this Offer aod this 176 Offer shail remain iñfùll force and effect, with the time.for closing extended accordingly. If Seller's ~otice is not timely given, this Offer shail m be null and void. Buye~àuthorizes Seller to obtain any credit informa,tion reasonably appropriate to determine Buyer's credit worthiness .t78 for Seller financing.
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H9 ADDITIONAL PROVISIONS/CONTINGENCIES See attached I\ddendum..
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188IJ[JADDENDA: The attached' . documents .~. JdK/aremadepartofthisOffer: .189~"..'- '.. .
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CONVEYANCE OF TITLE:' Upon paYment of the purchase price, Seller shall convey the Property by warr.anty deed (or oth~r 891 conveyance as, provided herein) free and clear of all liens and encumbrances,. except: municipal and zoning ordinances and ,92 agreements 'eni~r~d uri~er them, recorded easements for the distribution of utility and municipal services, recorded building and use .193 restrictions and covenants, general taxes levied in the,yea.rof closing:amt ..
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(provided none of the foregoing prohibit present use of the Property), which constitutes me"rchantable title
196 for purposes of this transaction. Seller further agrees to complete and execute the documents necessary to record the conveyance. .
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*including gap coverage
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FORM OF TITLE EVIDENCE: Seller shall give evidence oftitle in the form of an owner's policy of tille insurance in the amount of the
198 purchase price on a current ALTA form issued by an insurer licensed to write title insurance in Wisconsir(.*CAUTION: IF TITLE
,199 EIfIDENCE WILL BE GIVEN BY ABSTRACTp.$,TQlf:E TITLE INSURANCE PROVISIONS AND INSERT ABSTRACT PROVISIONS. .PROVISION OF MERCHANTABLE TITLE:I~shall pay all costs of providing titie evidence. For purposes of closing, title evidence
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'all b~ acceptable if the cqmmitment for the required title insurance is delivered to Buyer's attomey or Buyer not less than 3 business
202daýs" before. closing, showing'fille to the Property as of a date no more than 15 days,bElfore del.ivery of such fille evidence to be
203 merchantable, subject only to liens which will be paid out of the proceeds of Closing and standard tille insurance requirements and
204 ëxêéptioh's, as: appropriate. CAI!TION:.ßUYER ~"'OULD CONSIDER UPDATING THE EFFECTIVE DA TE OF THE TITLE
205' COMMITMENT PRIOR TO CLOSING OR A "GAP ENDORSEMENT" WHICH WOULD INSURE OVER LIENS FILED BETWEEN THE
206 EFFECTIVE DA TE OF THE COMMITMENT AND THE DA TE THE DEED IS RECORDED.
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207. TITLE ACCEPTABLE FOR CLOSING: Iftille is not acceptable for closing, Buyer shall notify Seifer in writing of objections to tille by
208 the. time set for closing. In such event, Seller shall have a reasonable time, but not exceeding 15 days, to remove the objections, and
209 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 h,ave 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 jhe.objections"this Offer shall be null and void. Providing tille evidence acceptable for closing does
212 riot ëxiingÜ'ish Seller's obligations to give merchantable tille to Buyer. .
213". SPECIAL ASSESSMENTS:' Special assessments,' if any, for work-actually commenced or levied prior to date of this Offer shall be
214 paid by Seller no later than' closing: 1\11 other spêcial assessmentS shall be paid by Buyer. CAUTION: Consider a""speciat"agreement
215 ifarea assessments; property owners association assessments or otherexpense~ are' contemplated. 'Other expenses" are one-
215 time, cfi'a'rges or ongoing usé'feesfór public improvements (other than those resulting in special assessments) relating to curb,.gutter, 217,street: sidewalk;sanitary and stormwater and storm se~er{including all sewer mains and hook-up and intercep!Dr charges), parks, street
2181i htin and street trees, and,impact fees for other public facilities, as defined in Wis, Stat. ~ 66.55(1)(c) & (t), ",' '219 ENTIRE CONTRACT This. Offer, including any amendments to it, contains the entire agreement of the Buyer and Seller regarding th~
220 transaction, All p'rior negotiations and discuSsions have been merged into this Offer. This agreement binds and inures to the benefit of
221 the Parties to, this Offer and their successors in interest.. '." .
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222~; .;. '":~'-'" "'.' ,', ,
223 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
22Ùnáierialrailure'to perform any""obligation"under this Offer is a defa"ult which may subjeci the defaulting party to liàbility for damages or
225 other legal remedies: . , .. "
' , .,
226 If Buver defaults, Seller may:
"
.
227 (1) sue for specific performanCe and request the earnest money as 'partial payment of the purchase price; or .
,
22B '(2) terminate the Offer and have, the option to: (a) request thè ,earnest money as liquidated damages;' or (b) direct Broker to return t" thE(eames(mòneyandhave,theoptiòntosueforactuald~mages.
",'
.
,', ., ,. . If Seller defaults, Buyer may: .' ' .
. .' . (1) s,IJe for specific performance; or
'
,
232 (2) teiminate the Offer and request th~ return ofthe earnest money, sue for actual da!11ages, or both.
,
233 In addition, lI)e Parti,es may seek' any other remedies availa.ble in law or equity.
'
234 The Parties understand that the availability of any judicial remedy will depend upon t)1~ circumstances of the situation and the
235 discretion of the courts.:lfeitherParty defaults, the Parties may renegotiate the Offer or seek nonjudicial dispute resolution instead of
235 the remedies ouUined above. ~y agreeing to binding arbitration, the, Parties may lose the right to litigate in a court of law those disputes
237 ~vered by the arbitration agreement.. ;, > " . .- '." ,,' " ,'.. .
" , ", .
238 NOTE: IF ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE CONTRACT, BOTH PARTIES SHOULD READ
239 THIS DOCUMENT CAREFULLY. BROKERS MAY PROVIDE A GENERAL EXPLANATION OFTHE PROVISIOillS OFTHE OFFER BUT
240 ARE PRQHIBITED BY LAW FROM GIVING ADVICE OR OPINIONS CONCERNING YOUR LEGAL RIGHTS UNDER THIS OFFER OR
241 HOW TITLE SHOULD BE TAKEN AT CLOSING~ AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS NEEDED.
242~ ,- ',' .
243 . HELD BY: Unless otherwise agreed, earnest money shall be paid to and held in the trust accoûnt of the listing broker (buyer's agent
244 if Property is not listed or selier if no broker is involved), until applied to purchase price or otherwise disbursed as provided in the Offer.
245 CAUTION: Should persons..other than a broker hold el}rnest money, an escrow agreement should be drafted by the Parties
246 o;'an attorney.. -If someone other than Buyer makes payment of earnest money. consider a special disbursement agreement 247.,DISBURSEMENT; !f negotiations do not resutt in an accepted offer, the earnest money shall be promptly disbursed (after clearance
24Bfrom payor's depository institution if earnest money is paid by check) to the person(s) who paid the earnest money. At closing, earnest
249 money' shall be disbursed according to the closing statement. If this Offer does riot close, the earnest money shall be disbursed according
250 to a written disbursement agreement signed by all Partie~ to this Offer.(Note: Wis. Adm. Gode ~ RL 18.09(1 )(b) provides that an offer
251 to purchase is not a writte~ disbursement agreement pursuant to which the broker may disburse). If said disbursement agreement has
252 not b~en delivered to broker within 60 days aft~r the dl}te set for closing, broker may disburse the earnest money: (1) as directed by
253 an 'attomey who has reviewed the transaction and does not represent Buyer or Seller; (2)' intò a court hearing a lawsuit involving the
254 earnest money 'imd all Parties to this Offer; (3) as directed by court order; or (4)" any other disbursement required or allowed by law.
255 Broke.r may retain legal services to direct disbursement per (1) or to file an interpleader action per (2) and broker may deduct from the
256 eamest money any costs and reasonable attorneys fees, not to exceed $250,.prior to disbursement. ' ,., "". '.,
2!i!. . LEGAL RIGHTS/ACTION: Broker's disbursemento[,eamest money does not determine the legal rights ofthe Parties in relation to this
258 O!fElr. ,Buyer's or Seller'~ Ii'gal right to earnest money cannot be determined by broker, At least 30 days prior to disbursement per (1) _0!J4r!'.tiôv~, 'b'ro~1>r:2h-all send Buyer and Seller notice.of the disbúrSement by certified mail. IfBuyer or Seller disagree with broker's
'PPsed disbursement, a lawsuit may be filed to obtain a court order regarding disbursement. Small.-Claims Court has jurisdiction over
.I eq'!1est money disputes arisi~g out of the sale of residential property with,1- 4 dwelling unit.s and certain other earnest money disputes.
252 B~yeL.Í!Dd, Sßlle[should consider. consulting attoriJeyÜegarding their legal rights urider this Offer in case:of a dispute. Both Parties
263 agree to hold the broker harmless from any liability for good faith disbursement of earnest money in accordance' with this Offer or 2ß.j,app!icaQle p'epartrnent of Regulation and Lice.nsiñjj".reg]Jlatiön~èOnceming eamestmoney,,':See Wis..Adm;Code..Gh,'Rl: 18; NOTE:
, ~WI~CO~SIN-I;Iç:Ii'NS~W ,PROHIBITS,~"BROKE;RF.ROM GIYl.NG.ADy'ICE OR.OP.INIONS CONCERNIN~ THE LEGAL ~IGHTS
266 OR~BI.:1G'ATlONS'OF,'PARTIEs::rOATAANSA:CllÒN,OR THE.LEGA~F.FECT.:ðf; ~SPEClF~C CONTRAcT OR CONVEYANCE,.
'. 26pAtf.AT.TORNE\<!$fI~OlD BE CONSULîED If LEGAlADVICE1S REQUIRED. t"""". J,,' ....t:" ..,J
, '
""""'~ '."'. 3'<~, e<: '"
w;,con,~ log. 81""k Co.. 100.
268 PROPERTY ADDRESS; See attac..hed leqal description [page5015, WB-13]
269 OPTIONAL PROVIS.IONS: THE PARAGRAPHS AT LINES 271 - 314 WHICH ARE PRECEDED BY A BOX ARE A PART OF THIS OFFER IF
270 MARKED, SUCH AS WITH AN "X". THEY ARE NOT PART OF THIS OFFER IF MARKED N/A OR ARE LEFT BLANK.
271 Iiiã PROPOSED USE CONTINGENCY: Buyer is purchasing the property for the purpose of:
.2 . This Offer is contingent upon Buyer obtaining the following.:
..
273 D Written evidence at (Buye(s)(Selle(s) ISTRIKE ONE I expense from a qualified soils expert that the Property is free of any subsoii
274 condition which wouid make the proposed development impossible or significantly increase the costs of such development.
275 D Written evidence at (Buye(s)(Selle(s) I STRIKE ONE I expense from a certified soiis tester or other qualified expert that indicates that
276 the Property's soils allocations selected by Buyer and all other conditions which must be approved to obtain a permit for an acceptable private
277 septic system for: pcsert proposed use of Property; e.g., three
278 bedroom single family home] meet applicable codes in effect as ofthe date ofthis offer. An acceptable system includes all systems approved
279 for use by the State for the type of property identified at line 277. An acceptable system does not include a holding tank, privy, composting
280 toilet or chemical toilet or other systems (e.g. mound system) excluded in additional provisions or an addendum per lines 179 - 188.
281 D Copies at (Buye(s)(Selle(s) I STRIKE ONE I expense 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
283 the costs of the proposed use or development identified at lines 271 to 272.
.
284 D Permits, approvais and licenses, as appropiiate, or the final discretionary action by the granting authority prior to the issuance
285 of such permits, approvais and licenses at (Buye(s)(Selle(s) ISTRIKE ONE I expense for the following items related to the proposed
286 development
.
287 D Written evidence at (Buye(s)(Selle(s) ISTRIKE ONEj 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 ; sewer
289 ; water ; telephone : other
290 This proposed use contingency shall be deemed satisfied uniess Buyer within days of acceptance delivers
291 written notice to Seller specifying those items of this contingency which cannot be satisfied and written evidence substantiating why each
292 specific item included in Buye(s notice cannot be satisfied. .
293 ~MAP OFTHE PROPERTY: This Offeris contingent upon (Buyerobtaining)(Selierproviding) STRIKE ONE a map of the Property prepared
294 by a registered land surveyor, within
-
days of acceptance, at (Buye(s)(Selle(s) STRIKE ONE expense: The map shall identify the legal
295 description of the Property, the Property's boundaries and dimensions, visible encroachments upon the Property, the location of improvements,
296 IT any, and: .
.97 .ISTRIKE AND COMPLETE AS APPLICABLE I Additional map features
98 which may be added include, but are not limited to: specifying how currentthe map must be; staking of all comers of the Property; identifying
299 dedicated and apparent streets, lot dimensions, total acreage or square footage, easements or rights-of-way. CAUTION: Consider the cost
300 and the need for map features before selecting them. The map shall show no significant encroachment(s) or any information materially
301 Inconsistent with any prior representations to Buyer. This contingency shall be deemed satisfied unless Buyer, within five days of the earlier
302 01: 1) Buyer's receipt of the map, or 2) the deadline for deiivery of said map, delivers to Seller, and to listing broker if Property is listed, a copy
303 of the map and a written notice which identifies the significant encroachment or the information materially inconsistent with prior representations.
304 MINSPECTION CONTINGENCY: This Offer is contingent upon a qualified independent Inspector(s) conducting an inspection(s), at
305 Buyer's expense, of the Property and
306 which discloses no defects as defined below. This contingency shall be deemed satisfied
307 unless Buyer within days of acceptance delivers to Seller, and to listing broker if Property is listed, a copy of the inspector's
308 written inspection report and a written notice listing the defectsidentified in the report to which Buyer objects. This Offer shall be null and
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
311 inspection. Note: This contingency only authorizes inspections, nottestlng, see lines 98 to 110. For the purposes of this contingency a defect
312 is defined as any condition of the Property which constitutes a significant threat to the health or safety of persons who occupy or use the
313 Property or gives evidence of anymateriai use, storage or disposal of hazardous or toxic substances on the Property. Defects do not include
314 conditions the nature and extent of which Buyer had actual knowledge or written notice before signing this Offer. ,
315 This Offer was drafted on [date] by [Licensee and Firm] Donald S Molter ,Jr ,Arenz ,Molter ,Macy & Rlffl~, SC
CITY OF MUSKEGO
316 (x) By:
.
39-6006023
317 8uye~sS;gnatur..Pr;nINameHere:',Mark A. Slocomb'. Mayor ~FEIN' Oate'
318 (x) By:
319 8uye~s S;gnature . Print Name Here: . Jean K. Marenda, Clerk ~~ Oate .
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
324 HEREIN AND ACKNOWLEDGES RECEIPT OF A COpy OF THIS OFFER.
325 (x)
'~26 Selle~s Signalure . Pr;nt Name Here: . Jane A. Lindemann
327 (x)
328 Selle~' Signature' Print Name Here: .
Social Security No. ~ Oate.
Social Security No. or FEIN' Oate'
329 ThiS Offer was presented to Seller by
330 THIS OFFER IS REJECTED
331 Seller Initials.
on ,at_a.m.lp.m.
Oate.
THIS OFFER IS COUNTERED [See attached counter]
Seller Inilials. Oate.
FRX:~=H n.....
.=,llE No.SS4 09/26 .~ M 10:05 ID:~ to...TER m:;y
P.08
~EP-2$-00 MOH iZ:2~ RUeKeRT I MtE~KE IHC-
.
.
.
81 Ruekert.Mielke
cngl.....rlns .()tuti<\<\~ fot ~ "",~~inR W~I~td
\I Z - 3." ....~
September 22. 2000
EXHIBIT
..
LEGAL DESCRiPTiON
Martin Drive Ri~ht-Qf-Way Acquisition
For: City of Muskego (G1".mlec)
All that part of the Soulhwest one-qua!1er of the Southeast one quarter of SeclÌon 3, Town 4
North Range 20 F..ast, City of Muskego, Waukesha CQUnlY Wisconsin, n1ON fully described as
follows (Soe Attached Exhibit " A"):
Commencing at the Southwest oomer of the Southeast OM-quarter of Seclion 3; thonco North
00.24'00" West along the West line of said Southeast one-quarter. 621.63 fect to a point on the
cxisting center line of Martin 'Drive; thence South 79007'00" Ea:;l along the exi~ling center linc
of Martin Drive,. 441.24 feel to the Northwest corner of lands designa(cd by Tax Key No, .
MSKC 2t69,987.oo2 and the point of bog inn in II; thoncr:: continuing Soulh 7900i'OO" East alonlt
said existing eenler line and North line of said lands, t 40.04 fc~IIO the Northeast comer of $aid
lands; thence South 00.24'00" East along the Easl line of said lands, 44.94 fecti thence
NorthwO$torly along an arc of II curv~ 6 t .'23 feel, center which tios to the Southwest, rudius of
460.00 feet, and a chord bearing Norlh 75'18'14" West. 61.18 feet to a point on the West tinc
of said lands; thence North 00024'00" West along the Woslline of said lands, 40.79 I~ct to the
point of beginning eonlaininjl .0.13047 IlCI'C~ (5,683 SI{uarc foct) more or less of land.
Martin E. Kolir.ski
..
OW1'.'ER: Adolph A. Lindemann 1:1 AI (Grantor)
570 W162t 1 Martin Drive
Muskego, WI 53! SO
Tax Key No. MSKC 2 \ 69.987,002
MBK:plw
""Ii"",," j\, 3?2113.IOO"'u""'~'1IU' ~".,'ipl."".2IKKJO'" ~"."",i" ",... , 1i.."".....".Ju<
ee: File
'" .
'.',.i..
"l.>,.
.. H1X:262S4~11 .' , ,=tLE ,No.554 Q9/26 '00 AM 10:06 ID:ARENZ n:LTER mcv
........
, "",..-2"-"" M"'H ". ,=,. "'""KE"" I M.....K&; ...e.
,
GRANTOR:
GRANTEE:
.
.
.'.~
LINDEMANN, JANE A. and J1INDEMANN, ADOLPH A.
CITY OF MUSKEGO
EXHIBIT _\'2-.3'\ "-':"
~
RIGHT OF WAY ACQUISITION
FOR (G~ANTEE) CITY 0' MUSKEGO
N
~t(
s
~
MAIN cuRvE TABLE Sc.u.r IN ,"T
CURIit NO, ~'OiV& A C!<OAO CHORO eRG Me TAN TANceNT 81\0 TIJIOCNT eRC
1 460.00' TJ132' 11,14' L~~61e'I"" 81,22' 30.61' 571'1.e'211'E .70'07'OO'W
'lltST LINE
51: 1/'
5I:ClION 3
TSN. R20( TAX KEY NO.
2169-987
.
" MARTIN
2' -.- 579'07'00'. DRIVE
~a~:%~',:~i~l~~i;,tjN~J~
N79vroc' .. - ;'~.,i;',~""'..;..i.;.".' ,'.'.. .
. ~' W 79 8 .'
, ~~,-~~". ,-, -,-"," "'8
.
I .- ,
. .',., . "H.. '0,. - 'IRe .ú '. :..:' ',J ---- G) .ZJ--
~z
'8
...; \".
,8
,
.11;
- ,., ,0>
'N ii;;
:'-'.
I
, ,
, , ~TAX KEY NO.
i
2169-987-001
SW CORNER
SE 1/' SEctiON 3
T5N. R2Ot:
TAX KEY NO.
.
2169-987-002
TAX KEY NO.
2169-987-00'
OWNER/GRANTOR.
ADOLPH A, LINOEMANN ETAL
S70 W16211 MARTIN DRIVE
MUSKEGO, WI 53150
TAX KEY NO. 2169-987-002
EJ- AREA TO 6:: ACQUIRW
FOR RIGHT OF WAY
5683 SO, FT. - .13047
.."
ACRES
Ru~kert\~j~l~~..
Zt;:.."",-
""" NI""",""", """
.~ 10 ..,.. ."".
~
.
.
.
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ADDENDUM
1. Seller and her remaining property shall remain responsible for all liabilities
which are the responsibility of the owner of the fee title such as all property
taxes in the year of closing and prior thereto as to the entire property
including that sold to the City of Muskego and all special assessments and
similar charges previously assessed against the entire property.
2. Seller, 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 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 ,2003.
JANE A. LINDEMANN
.
.
. ADMISSION OF SERVICE
Due Service of a Copy of:
CERTIFICATE OF COMPENSATION & NOTICE OF
RIGHT TO APPEAL THE AMOUNT OF COMPENSATION
PURSUANT TO WISCONSIN STATUTE 32.052a
Admitted this day of .2003.
ADOLPH A. LINDEMANN
.
.
.
.
.
NOTICE OF RIGHT TO APPEAL THE
AMOUNT OF COMPENSATION PURSUANT
TO WISCONSIN STATUTE &32.05(2a)
Any person named in the Certificate of Compensation, a copy of which is
attached hereto, may within six (6) months after the date of the recording of said
Certificate, appeal from the amount of compensation therein stated in the manner set
forth in Wisconsin Statute ~32.05(9) to (13) for appeals from an award under
Wisconsin Statute ~32.05(7). For purposes of any such appeal, the amount of
compensation stated in the Certificate shall be treated as the award and the date the
conveyance is recorded shall be treated as the date of taking and the date of
evaluation.
Dated this day of ,2003.
CITY OF MUSKEGO
By:
Mark A. Slocomb, Mayor
ATTEST:
Jean K. Marenda, Clerk
Docwnent No.
CERTIFICATE OF
COMPENSATION
.
Pursuant to Wisconsin Statute 932.05(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:
Jane A. Lindemann
Adolph A. Lindemann
2. The legal description of the property in which
fee simple title was acquired is as follows:
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L______------------------------------------
Ifreco<ded, "turn'"
Attorney Donald S. Molter, Jr.
Arenz, Molter, Macy & Riffle, S.C.
P.O. Box 1348
Waukesha, WI 53187-1348
Tax Key Number
SEE ATTACHED lEGAL DESCRIPTION MARKED EXHIBIT "Z-3"
.. 3.
1II8f'01i0ws:
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 $2,000.00.
,2003.
CITY OF MUSKEGO
Dated this day of
ATTEST: Mark A. Slocomb, Mayor
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 53187-1348
.
CITY SEAL
. STAPLE
ATTACHMENTS
HERE
Wisconsin
Real Estate Transfer Return - Confidential
To complete see Instructions for Real Estate Transfer Return PE-500A.
. 8ubmit original form to Register of Deeds with document(s) to be recorded. Completely fill in all appropriate areas. TYPE or PRINT
early in BLACK INK, and use ALL UPPERCASE LETTERS. If typing form, type through vertical character lines.
:' .
I. GRANTOR (Seller) X If more than ONE (1) grantor, check box at left and list on atteched addendum. Note: Lines 67-72 must be completed with grantor's address.
1. You, LIS' Nam. 0' Company Nam. No", Fer ~I. ,""",. n m,oi.d co",I, I.... gm.'er II ..m. "" name (." ".. ').
LINDEMANN
JANE A
0OCI., 59"',Iy Nvmber " FEIN
.
,. Yo" Fl'at Nam~.) and Mlddl.'nlll.,(.) -II, n,..'ad co",I., .how bo'h 11m' n'm" and m"dI. in;;;,',.
II. GRANTEE (Buyer)
.. y", la., Nam.., Company Nam.
If more than ONE (1) granfee, check box at left and list on attached addendum.
No'" Fer'hl. ,v~.... m,.,.d cov,l. ",.. gmnl" , ..m"..tnam. (." ".. 5).
CITY OF MUSKEGO
S. Yo" FII1' Nam~.) an. MI"" Inl'I.I(.)-" manl.. cov,I., .how both Ii';' nam" aod m"".lnlll.I.. 6. Socl.IS"",Iy Nvmber" FEIN
39-6006023
7. S."'"AreNvmba"lIany 7a. Stl1at N.m., po eox," Other A",IS' (.nter "PO eox: ,nd eox Nvmber)
W182 S8200 RACINE AVENUE
.. City '.Stet.
MUSKEGO WI
10. Zip Cod.
.53150
TO RECEIVE TAX BILL AT ANOTHER ADORESS, ,heekher..n' com,I.,. Seellon X, ,.g. ,.
III. PROPERTY TRANSFERRED
12. N.m. 01 'h. Clty/vlII.g./Town
11.lndl...., X CHy VIII,g.. Town
13. C"n.,Nam.
WAUKESHA
~ Cheek 1I.""lon.1 ,er""'nd II.. on .lIeehad ."andvm.
MUSKEGO
14. Phyak., Properly Add."." R.ad Addr... (doserip'.n)
MARTIN DRIVE
15. Taxp.""Nvmber"'Iappaars.nPropartyTaxblll(...,..'""lIi"'.'
MSB:C 2169.987.002
16. Pr.perty O"erl,lIon, '" - block - ,Iat, eartHiad S""y M., (OSM), " "he, ""gnatlon; B ."""lIon will no' III h".,.<I<Í -"",.nt (...In...."'...)
SEE ATTACHED LEGAL DESCRIPTION
17.. Section (Primnol
3
170. Townsh'p (primnO)
4N
170. R.ng. (Pr"OI
20E Ch"k h.re II mer. than.ne lot an' bI"~ or It ,.,.,...""lIon ,. met.. en' boo... or "rtll.' avrv.y m,p; ."'h l.g.,..."I,II".. en .dden',m (...lns'ru"lons). .
IV. COMPUTATION OF FEE OR STATEME~T pF EXEMPTION
18. T.IS' v~v.., REAl ESTATE
're..,...d/roun' vp '0 'h. $ 2000 """'$IOÒ)
INWBOLE
DOLLARS
I'. Tre..'",..."
. (line ,. x.G03)
DOLlARS CEmS
$ 0
20. Tre..'er"'.mpllon
Nvmber, SEC77.2S (12) '05.Byoo en", "003" " "0"," ",.
men'eI.ry'.pro,ld.y.vr X
,revl",'ocvmen'"mba'.
2Ob.O,...IOrt,lnal
Len' Con.." X
MONTH DA' 'EAR
21. V.I"o"'I1""'rop"" tra"""ad but EXCLUDED
~'mllne18.
$ Q IN WNOLE
DOLLARS
22. V.",.f,ro,""...m,. $ 0 ..ml"",ropartytax INCLIIOEO on line 18.
IN WIIOLE
DOlLARS
V. TO BE COMPLETED BY AUTHORIZED COUNTY/LOCAL OFFICIAL
23. Documen' N"mb" II. V.I,m./J..kel 2S. P.gel1m.,. 26.DeI.R"or..d zr. D,IS oIConveyence
MONTH DA' 'EAR M.MTH DA' 'EAR
28. Conveyence
Cod.
Wanan"J
CondoD.ad
IMd
Conlrect
OvllCla'"
0...
Other
(..,Ialnl+
28. County(.) 3D. Munl"pa'Hy(1) 31. County('1 32. Munl,I",Ity(')
Ch"kIt m.re.hen...(,)munl,I,.II.
II..; "so, re'er" Instruoll.ns
~ 33. ,. 'hi.. "II' ",ce!?
(...lns'moll"'1 y" No
. En"mvmber 0' ."..,.reeeh 1 (R"","IIaQ
per", ,I...lllcalion an' ,heck 1
.p"'adln,bos"'h.w
,re'.ml..ntc'asslllcelion.
35. "....m"'V,,, 36.lan'
'IConm,re"" 3IMan"'act,'ng) . (Ag"'"""" 5 (gwon,'VIa.ISI 6 (F.'""I 7 (Oth..
3 4 5 6 7
37.'m,rovemen~ 38. T"""....m.nt
lb PE.500 (R. '.2000)
$ $ $
Continued ~ dJ
. Wisconsin
Real Estate Transfer Return
VI. TRANSFER
39. Gran!arlG""',, X No"
"lollon.hI,'"
F.ancia'
. TYPe"
Tran.for
X.SaI.r.cl"'"
'rigl",jland
ennl..)
Par"..hlp
Co~JSha.hn~orl
SUb""'.
Family"
Othor+
II Family" O'hor, Ex,'a'n
Ex"'anga
GM
D..dm
",lsIa.lonal
landennlract
Othor
la".")+
41. Ow",rahl,lnlaraat X Partial Othor
1ra"la"'" Full I..plain) la,,"m)+
Owna"hl, Inl."" "",.Ia,sd may ba alulllnla,," "a lull ,wna"hlp;. a full In"." ,'a panlal ,w""hlp; ornlhor (..plaO!.
42. D,..granl"raIol, life Othor
any ",he"""'ng X Nooa ",... ",""'nI la,,"') +
rlgh'"
43. Granlorl" X IndMduel
pan".hlp
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VIII. PHYSICAL DESCRIPTION AND GRANTEE'S PRIMARY USE OF PROPERTY
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X. CERTIFICATION-We declare under penalty of law,this retum has been examined by us and to the best of our knowladge and belief it is true, COffect and compiele.
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61. TaIt,hona Numbsr
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AREA CODE
SEND TAX BILL TO: 62. Nama
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"T!i DAY YEAR AREA CODE
73. S'gn"ura of Granier orG"nlor', Aganl (PlEASE ATTEMPTTO KEEP SIGNATURE WITHIN BOX)
262-679-4100
MONTN OAY YEAR. AßEACODE
76. Slgnatu" 0' G"",, or G"nI,,'a Agan'(PlEASE ATTEMPT TO KEEP SIGNATURE W'THIN BOX)
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. - P.06 3EP-2~-00 NON 1~:2~ RUE~ERT I MtELKE INC.
. GGwRANToR' LINDEMANN, JANE A. and LINDEMANN
, CITY OF MUSKEGO
' ADOLPH A.
.
.
Ruekert.Mielke
cnslt":<lIlns ""t"lion~ fOl ~ "",~kì"R ",(\~kI
EXHIBIT
1\ Z - 3." """'f
September 22, 2000
..
LEGAL DESCRIPTION
Martin Drive Rieht-cf.Way AcquisitioO
For: City of Muskego (Grantee)
All that pal"! of the Southwest one.quarter of the Southeast one quarter of Section 3, Town 4
North Range 20 'FAS!, City of Muske go, Waukesha County Wisconsin, LUOrð fully described ns
follows (See Attached Exhibit " A"):
Commencing at the Southwest comer of the Southeast Olle.quarter of Seelion 3; thonce North
00"24'00" West along thc West Une of said Southeast one-quarter. 621.63 fcct to a point on the
existing eel}ter line of Martin Drive; thence Soutb 79.07'00" E!U!t along the existing ceutor line
of Martin Drive" 441.24 feel to the Northwest comer of lands designated by Tax Key No.
MSKC 2t69.987.oo2 nnd the point of bog inning: thence continuing South 79007'00" East aloltt;
said existing ççn~çr Hne and North line of said bInds, t40.04 fc~l 10 the Northeast corner of said
lands; thence South 00'24'00" East :dong the Easl line or said lands, 44.94 fcet; thence
NorthwC$teriy along an arc of u eurv~ 6 (,23 feel, center wl\ieh lias to the Southwest, radius or
4ıO,OO feet, and a chord bearing North 75018'14" West, <iUS feel to a point on the West line
of said lands; thence North 00'24'00" Wost along the Wast line ofsaiù lanùs, 40.79 l~et to the
point of beginning eontaininjl 0.13047 aeres (5,683 square foet) more or less ofla!1d.
.~
Martia E. Kulir.ski
..
OV/1'..'ER: Adolph A Lindemann I3l AI (Grantor)
570 W1621 I Martin Drive
Muskego, WI 53150
Tax Key No. M5I<.C 2169.9&7,002
MBK:plw
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.
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WAIVER OF APPEAL RIGHTS AS TO
AMOUNT OF COMPENSATION PURSUANT
TO WISCONSIN STATUTE &32.05
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 332.05.
Dated this day of ,2003.
JANE A. LINDEMANN
.
.
..
WAIVER OF APPEAL RIGHTS AS TO
AMOUNT OF COMPENSATION PURSUANT
TO WISCONSIN STATUTE &32.05
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 ,2003.
ADOLPH A. LINDEMANN
I
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0 STATE BAR OF WISCONSIN FORM I - ]998
WARRANTY DEED
Doc"mem N"mber
0-
.is Deed, m,de between JANE A. LINDEMANN, a single
e "i ngl.. p..~""n .J . and AOOT,PH A 0 T,T1IITJRMANN
--
--
G"ntor,
,od CITY OF MUSKFr'o. a WiRmn"in M>1niripe' "n~p"~eH nn
--
--
--
G"n"e.
Grantor, for, "Iu,bl, oo",lde"tion. oonvey' to G"ntee the lollowing
r"<r!bed re,i ,,""in Waukesha County. S"t, of Wi,oo",'n
( .,oPropertl): R""d'09A,,"
N=e ,," R""m Add""
SEE ATrACHED LEGAL DESCRIPTION Atty Donald S. Molter, Jr. MARKED EXHIBIT "Z-3" Arenz,Molter,Macy & Riffle, S.C.
P.O. Box 1348
Waukesha, WI 51187-1348
MSKC 2169.987.002
P""IId",t""UooN"mb,,(pIN)
Thi' is not hom"",d property.
(i') (I' not)
'!'HIS DEED TERMINATES THE LIFE ESTATE OF ADOLPH A. LINDEMANN INCLUDING, BUT NOT LIMITED TO
'T,L RIGHTS RESERVED IN A CERTAIN WARRANTY DEED RECORDED AS DOCUMENT NO. 1173886.
_Ogether with ,11 'ppurt,n,nt righ", titl, ,nd inter,,".
G"ntor warr,n" that th, Uti, to the Prop,rty i, good, Ind,Ie"ib), in lee 'impi' ,nd free ,nd de" 01 ,ncumb"n'" ""pt
recorded easements and restrictions and municipal and zoning ordinances, and real estate
taxes in the year of closing. 2003
Dat,d thi, d'yof
(SEAL) (SEAL)
. JANE A. LINDEMANN
.
(SEAL) (SEAL)
. ADOLPH A. LINDEMANN
.
AUTHENTICATION
ACKNOWLEDGMENT
Sign,ture(,) State of WIsconsIn, }"
Waukesha County.
,uth,nUca"d thl, - d,y of P""n,l!y c,me belore me thl, d'yof
,- . -' the ,b"e n,m,d
Jane A 0
Toi nd..menn end
Adolph A. Lindpmenn
.
TITLE: MEMBER STATE BAR OF WISCONSIN
to
(If not,
me known to be the p,~on ~ who mru"d the foregoing
,uthorl"d by Ö706.06. Wis. S"".) Inmument ,nd "knowledg' the "m'.
--HIS INSTRUMENT WAS DRAFTED BY
,
Attorney Donald S. Molter, Jr. .
No"ry Public, S"" of Wi,oon,ln
(Ir not, "", "pitetton d,": My comm",lon " permanent.
(Slgnetu"" m'y b, ,uthen",,"d oc "knowiedged. Both ,re not .-.) nece"ary.) .-
~. N. ~ 0' p""~ ""lo", >oy "p""y m"" b. '>pod" p,'m'" b.low ,h." """"". wr"",",."""'Co.. ",. m STATE BAR OF WISCONSIN M"""re, woo.
-
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FDRMNo.! i'"
CHICAGO TITLE INSURANCE COMPANY @
. Construction Work and Tenants Affidavit
1. I am the Owner of the property (the Property) described in commitment nnmber 1104451
issned by CHICAGO TITLE INSURANCE COMPANY
2. Construction work. (Check One Box)
i:B Repair or constrnction work HAS NOT been done on the Property in the past six months.
D Repair or construction work HAS been done on the Property in the past six months. The total dollar amount
of the work is approximately $
. All of the people who supplied labor or material are
listed below. AHlien waivers I collected from these people are stapled to this affidavit.
Type of Work Contractor Name DoHar Amount of Work Date Work Completed
3. Tenants. The following tenants and renters occupy the Property. (Check One Box)
. ~ :~::: :: :~~::,:::.
all have left the Property or WILL LEAVE as of closing.
D One or more tenants WILL STAY after this sale is closed. Their names are:
I give this affidavit to persuade CHICAGO TITLE INSURANCE COMPANY to issue its policy or policies of
title insurance. I agree to indemnify CHICAGO TITLE INSURANCE COMPANY against loss caused by
inaccuracies or omissions in the above information of which I am aware.
Dated this day of (year).
OWNER
Subscribed and sworn to before me this
day of (year).
.. E}'OC JANE A. LIDEMANN
R=
Notary Public, W;"'k"","~ County, Wisconsin
My commission (expires) (is
permanent):
F530C R 4/16/99
'o<m5304j99
.
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@ CHICAGO TITLE INSURANCE COMPANY
Affidavit as to Broker Lien Rights
The 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
001104451 (the Property) issued by Chicago Title Insurance Company (the Company), or partner, officer or
member of the Owner with authority to make the representations below.
(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.
The following is an accurate and complete list 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 closing
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
indemnifies 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
OWNER
day of
Subscribed and sworn to before me this
day of (year).
I!JCX JANE A. LINDEMANN
fuc
b,,"" 8/98
Notary Public, Waukesha County, Wisconsin
My commission (expires) (is
permanent):
Name
By
(5;"",...)
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Tclq>b<moN""""
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. @ CmCAGO TInE INSURANCE COMPANY
RECORDING GAP INDEMNITY
Comm~mentNo. 1104451
WHEREAS, the CHICAGO TITLE INSURANCE COMPANY, a Misso\.l:r:i co:poration
(Chicago), is about to iss\.Ie its title insurancè policy or policies (the
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);
AND, WHEREAS, Chicago h..s made exeeption for àefects, liens,
encumbrances, adverse claims or other matters, if any, created, first
appearing in the public records or attaching between the effective date of the
title insurance Commitments and the date of recording of the deed and/or
mortgage to be insured (Gap Defect(s));
AND, WHEREAS, chicago has been asked to issue the Policies, and may
hereafter in the ordinary course of its business issue title insurance
policies Or commitments in respect to the Land, or some part or interest in it (the F\.It\.lre POlicies), removing Or insuring against loss by reason of the Gap
Defect (s) ;
NOW, THEREFORE, in consideration of the issuance of the Polioies or
Future Policies, the undersigned covenant(s) and agree(s) with Chioago forever
to proteot, defend and save chicago harmless from and against Gap Defect(s)
created, suffered or agreed to by the undersigned and exoept as disolosed 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 whioh it may incur by reason thereof, including loss, costs, damageß, fees and expenses
inourred in actions brought to enforce thiß agreement; to defend at
undersigned's own cost any and every suit, action or proceeding in which the
Gap Defect (s) was created, suffered or agreed to by the undersigned and,
except as disclosed in writing to Chicago, is or are asserted againßt 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 CORPORATIONS FOR INDIVIDUALS
(5"""=)
JANE A. LINDEMANN
(PriotN_)
(5-)
(Pl!II'N...)
ZIp """"*"'---'111
Ci!r ..... ZIp
ToIcp""""""',
......21'"
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #054-2003
OFFER TO PURCHASE - LINDEMANN
(Highway Right-of-Way Improvements and Storm Sewer Improvements)
BE IT RESOLVED That the Common Council of the City of MElskego, upon the
recommendation of the Finance Committee, does hereb~horize the execution of the
attached Offer to Purchase for the Jane Lindemann proID'erty for highway right-of-way
improvements and storm sewer improvements. /
BE IT FURTHER RESOLVED That the Mayor is 9.'orized to make necessary
technical changes, if needed, in consultation wiil:fthe City Attorney to facilitate timely
execution of the Offer and closing documen,' \J
BE IT FURTHER RESOLVED That the ~l/or, and~~lerk-Treasurer are authorized to
sign the Offer to Purchase, and necess,.~ cl~lpg Clocuments, in the name of the City
and to extend the acceptance and/or gj,øsing c;fuj.J~s, if necessary.
/ .~'
DATED THIS DAY OF lí~í~.
I"'" I.", .
50-' . .v'\. "l}"'~ . t, -j " , ~ SPONSORED BY:
FINANCE COMMITTEE
Ald. Rick Petfalski
Ald. Nancy Salentine
Ald. Patrick Patterson
:t':',. .~
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This is to certify that this is a true and accurate copy of Resolution #054-2003 which
was adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
3/03jmb