CCR2003106......., , ~~
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COMMON COUNCIL. CITY OF MUSKEGO
RESOLUTION #106-2003
OFFER TO PURCHASE - BASSE
(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 for the Basse 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 22nd DAY OF April ,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 #106-2003 which
was adopted by the Common Council of the City of Muskego.
4/03jmb
:'PEfo,ed by 'he Wisconsin Department of Regula';on and Ucenslng Wisconsin Legal Blank Co.. Inc. t,:ıı(~~~~f~~s,]s~aÓ~'e)
. I WB-13 VACANT LAND OFFER TO PURCHASE I MllwaUk1ee'fWis.
, Page 0 5
I1BfWKRR>>~OIIffiER:OWCXXxxXX!>>ÄnT~~t;i1!L~~~~~~N1I)~~ 2~TheBuyer, CITY OF MUSKEGO, a Wisconsin Municipal corporatlon: .'~' 3 offers to purchase the Property known as [Street Address] see attached leGal description ,
4 in the ~i t.y of Muskeqo .Countyof Waukesha ,
5 Wisconsin, (Insert additional description, if any, at lines 179 -187 or attach as an addendum, line 188), on the following tenms:
6. PURCHASE PRICE: $186,184.00 plus a proposed QUit Claim Deed as to the property as"described
7 in Paragraph 4 of the attached Aðð.endum~ ~ ).
8. EARNESTMONEYof$O 00------------- accompaniesthisOfferandearnestmoneyof$ n/a
9 will be paid within n / " days of acceptance. '
10. THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent at closing unless otherwise' provided bÈ>low;
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11. ADDITIONAL ITEMS INCLUDED IN PURCHASE PRICE: 1)eller shail include in the purchase price and transfer, free and clear of
12 encumbrances. all fixtures, as defined at lines 15 - 18 and as may be on the Property on the date of this Offer, unless excluded at line 14.
13andthefoilowingadditionalitems: none '
14. ITEMS NOT iNCLUDED IN THE PURCHASE PRICE: none
15 A "Fixture" is defined as aÀ itel'(1 of property which is physically,attached to or so closeiy associated wit~ land 50 as to be treated as part
16 of the real estate, including, wiihout limitation, physicaily attached items not easily removable without damage to the Property, iiems
17 specifically adapted to the Property, arid items customarily treated as fixtures including but not limited to all: 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: SeIler represenls thatl1îé Propertyìszoned ' .
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20~. Accë'ptan.ce ocpurs ';'hen all Buyers and Sellers have signed an identical copy otthe Offer, including signatures or
21 separate butidentical copies of the Òffer, CAUTION: Deadlines in the Offer are commonly calculated from acceptance. Consider
22 whether short term deadlines running from acceptance provide adequate time for QQ1l1 binding acceptance and performance.
23 ~G ACC!=PTAW This Offer is binding upon boih Parties only if a copy of the aècepted Offer is delivered to Buyer on or
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24 before '. '
. CAUTION: Thi!; Offerìnay be withdrawn prior to 'd,!livery Mthe accepted Offer.
25 DELIVERY OF DOCUMENTS AND WRITTEN NOTICES Unless otherwise stated in this Offer, deiivery of documents and written nptices
26 to a Party shalt 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 ~Gcount with
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28 a commercial'delivery service; addressed either to the Party, or to the Party's reèipient for delivery designated at1ines 30 or 32 (if any),
.'29 for delivery to the Party's delivery address at lines 31 or 33.
JOSelier'srecipientfordelivery(optional): Alvin and/or Caro],yn Basse , '
31 Seller's delivery address: S70 W16050 Janesville Road, Muskego, WI. .531::>0
32 Buyer'sreèipientfordelivery(optional): Mayor Mark A. Slocomb'
33 Buyer'sdeliveryaddress: 'City of Muskeqo, P.O. Box 749, Muskego; 'WI 53150-0749
34 (2) By giving the document or,Written nolice personally to the Party or the Party's recipiént for delivery W an individuat is designated at lines 30 or 32.
35 (3) By fax transmission of the document or written notice to the foliowing telephone number:
36Buyer:( 262 ) 67.9-5630 Seiler: ( . )
37 ~ Occupancy of the entirE> Property shall be given to Buyer at time'of closing unless otherwise provided in this Offer (lines
38 179 - 187 or in an addendum per line 188). Occupancy shall begiveri subjectto tenant's rights, if any. Cåution: Consid,er an agreement.
39 which addresse~ responsibility fòr clearing the Property of persol)al property and debris, if applicable.
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40 ~.If Property is currently leased and lease(s) extend beyond closing, Seiler shalt assign Seiter's rights under said
41Iease(s) and transfer all' $ècurity deposits and prepaid rents thereunder to Buyer at closin\:!. The tenms of the, (written) (oral) ISTRIKE ONEI
42Iease(s),ifany,are No leases, written or oral, affect thlS property. '.. 43~Thistransactioriistobeclosedat .. Muskeoo City Hall
44 no laterthan unless another date or place is agreed to in writing.
45~ 4<;
47
48
49
50
51
52
53 PROPERTY CONDITION PROVISIONS,
'-'54 ø PROPERTY CONDITION REPRESENTATIONS: Seller represents to Buyer that as of the date of acceptance Seller has no notice
""""55 or knowledge of conditions affecting the Property or transaction (see below) other than those Idenltfied in Seiter's Real Estate Condition
56 Report dated '
, which was received by Buyer prior 10 Buyer signing this Offer and which is made a part of this Offer
:~byreferencel.
59 A "condition affecting the Property or transaction" is defined as follows: [page 2 of 5, WB-13] 60 (a) planned or commenced public improvements 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; 63 (c) govemment agency or court order requiring repair, alteration or correction of any existing condition; 64 (d) any land division involving the subject Property, for which required state or local approvals had not been obtained; 65 (e) any portion of the Property being in a 100 year floodplain, a wetiand or a shoreland zoning area under local, state or federal laws; 66 (f) condilions constiiuting a significant health or safety h1jzard for occupants of Property;
67 (g) underground or aboveground storage tanks on the Property for storage of flammable or combustible liquids including but not limited to 6Ð gasoline and heating oil which are currently or which were previously located on the Property; NOTE: Wis. Adm. Code, Chapter 69 Comm 10 contains registration and operation rules for such underground and abovegrol!nd storage tanks. 70 (h) material violations of environmental laws or other laws or agreements regulating the use of the Property; 71 (i) high voltage eleclric (100 KV or greater) or steel natural gas transmission lines located on but not directly serving t~e Property; 72 (j) any portion of the Property being subject to, or in violation of, a Fannland Preservation Agreement under a County Fannland 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 of fence laws (Wis. Stats, Chapter 90) which require the erection and maintenance of legal 75 fences between adjoining properties where one or both of the properties is used and occupied for farming or grazing purposes; 76 (I) wells on the Property required to be abandoned under state regulations (Wis. Adm, COd,e NR 112.26) but which are not abandoned; 77 (m) cisterns or septic tanks on the Property which are currently not servicing the Property;, 7B (n) subsoil conditions which would significantly increase the cost of the development propòsed at lines 271-272, if any, including, but not limited 79 to, subsurface foundations, organic or non-organic fill, dumpsites or containers on Property which contained or currently contain toxic or 60 hazardous materials. high groundwater, SO" conditions (e.g. low load bearing capacity) or excessive rocks or rock fonnations on the Property; 81 (0) a t~ck of..'$gal Vehicular access to theproperty from public roads; , 82,(p) prior reimbursement ,for corrective action costs ~nder the Agricultural Chemical Cleanup Program; (Wis. Stats, !;94.73,) 83 (q) other conditions or occurrences which would significantly increase the cost of the development.proposed at IiDes 271 to 27~ or 54 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, 'totat square footage/acreage figures, 86 or allocation of acreage information, provided to Buyer by Selier or by a broker, may be approximate because of rounding or other '87 reasons, unless verified by surveyor other means, CAUTION: Buyer should verify land dimensions, total square footage/acreage ,88,figures or allocation of acreage information if material to Buyer's decision to purchase. 89" ISSÙËS RELATED TO PROPERTY DEVELOPMENT: WARNING: If Buyer contemplates developing Property or a use other than the 90 current use, there are,a variety of issues which should 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 Commiltee approvals, estimates for utility hook-up expenses, special 93 assessments, charges for installalion of roads or utilities, environmental audits; subsoil tests, or other development related fees maYjid 94 to be obtained or verified in order to determine the feasibility of development of, or a particular use for, a property. Optional canting 95Which allow Buyer to investigate certain of these issues can,be found at lines 271 - 314 and Buyer may ,add contingencies as nee 96 addenda (see line 188). Buyer should review any plans for development or use changes to deténnine what issues should be addressed 97 in these contingencies. '
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98 .. INSPECTiONS: ~eller agrees to allow Buyer's inspectors reasonable access to the Property upon reasonable notice ifthe inspections .99 are'reasonably n!,cessary to satisfy the contingencies in this Offer. Buyer agrees to promptly provide copies of all such inspection 100 reports to Seller,: and to listing broker if Property is listed. Furthermo're, Buyer agrees Jp promptly restore the Property to its original 101 cqndition after Buye(s inspections are completed, unless othelWise àgreed in this Offet:'An "inspection" is defined as an observation 102ofthe Property which4ò~s not include testing of the PropertY, other than testing for leaking LP gas or natural gas used as a fuel source, 103 which are hereby authorized. , ;.. '
104 ", TESTING: ExcepLas othe""ise provided, Selier's authqrization for inspectiops does not authorize Buyerto conduct testing of the Property. 10> P,::te~t" iSß,efinep as the ,taking,of samples' of materials suchas soils, waier, air or building materials from the Property, and the laboratory 106 or"other amilysis of these matenals. If Buyer reqúires testing, testing contingencies must be specifically provfded for at lines 179 - 187 or 107 in an áddéndúm perlinè 188. Note: Any"contingèncy authorizing testing should specify the areas of the Property to be tested, the purpose 108p( the test, (e.g., 10 detennine if envirQnmental contamination is present), any limitations on Buyer's testing and any other material tenns of 109 th~ contingency (e.g.; Buyer's obligatioD to return the Property to its original condition), Seller acknowledges that certain inspections or tests 110 ,may detectenvirol)ment,al pollution which may be required to be reported to the Wisconsin Department of.Natura! Fesources. 111 .. PRE-CLOSING INSPECTION: At a reasonáble time, pre-approved by Sell\!ror Beller's agent, within 3 9i'YS beforeelosing, Buyer shall 112 have the right to inspect the Property to determine that there' has be,en ho significant ,Change hi the condition ofthè Property, except for 113 chá.hges approved by Buyer. ' '
114~",.PROPERTY DAMAGE BETWEEN ACCEPTANCE AND CLOSING: Seller shall maintain the Property until the earlier of closing or 115 occupancy of Buyer in materially the same condition as of the date of acceptance of this Offer, exceptfor ordinary wear and tear. ,If, prior 116 to ~Iosing, the Property is dàmaged in;~n amount of Do.t more ilian five p~r'cent (5"Ì~) ofthe s,elling price, Seller sÎ)aUþe obligÇlted 'orep~ir 117 the Property and restore it to the same condition that..t Was on the day of this Offer. If the damage sh,,!\1 exceed such:sum, Seller shall 11apromptly' notify Buyer in writing of the damage and, this Offer may' be canceled at optioíi'of Buyer:' ShoÙid Ì3úyer elect to carry out this 119 Offer despite such 'damäge; Buyer shall be entitled to the insurance proceeds relating to the damage to the Property, plus a credittowards 120. the purchase price equal to the am9unt of Selier's deductible on such policy. However. if this sate.is'fini>ncèd by a land contract or a 121 mort a e to Seller, the insurance proceeds shall be held in trust for the sale purpose of restoring the Property. 122 FENCES Wisconsin Statutes section 90.03 requires the owners of adjoining properties to keep and maintain legal.fences in equal' li3's ares were one or both of the properties is used and occupied for farming or grazing purposes. GAUT/ON: Consider an agreement ' ,114 addressin res onsibility for fences if Property or'adjoining land is used and occuþied for farming or grazing purposes. 125 DELIVERY/RECEIPT' Unless otherwise stated in this Offer; any signed document tran$mitteq by facsimile machine (fax) shall be tr. 126, in all manner a~d respect~ as an original document a~d,the signatyre of any Party upon a qocument transmilted by fax shall be consi 127 án original signature. Pe.rsor~I.ge.iivery to, or actual receipt by; any named Buyer or Selier constitutès personal delivery to, or actual receipt 128 by 8uyer or Seller: Once tecerved. a notice c,annot be\vithdrà",n by the Party delivering the. notice wjthout th~,consent of the. party receiving 12g.the riotice. A Party may, not úniiateraliy'reinstate a 'coritingency,aftèr a notice 'òf'<i coniingency waiver nas been'teceived by tMe'othet Piitty: 130 The delivery provisions in this Offer may be modified when appropriate '(e.g., when rriåil"dëliv,ery iSl1ot dèsirablé (see Iiriës25 - 36). ' 131 ~uyer and Selier authorize the agents of Buyer and sèílèrto:djstribute cOpies of the OtiertoBÚyèr's lè~der; appraisers: iitle insuràn~tx>nipanies 131 and any- othet'sèttlenienl service providers for thè transaction as defined by the Real Estate Settlement Procedures :Act (RESPA}.
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W>OCO""" LOg" ""OK CO., '"C.
133 PROPERTY ADDRESS: See attached legal description [page30f5,WB-13j
134~i'Tim~ is of the Essence" as to: (1~(2) binding acceptance: (3) occupancy: (4)
135 date of closing; (5) contingency d~adlin~s~E AS APEUCABLE I and all other dates and deadlines in this Offer except: none
136 . If"Time isofthe Essence"
137 applies to a date or deadline, failure to perform by the exact date or deadline is a breach of contract. If "Time is of the Essence" does
.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 calculated by eXcluding
140 the day the event occurred and by counting subsequent calendar days. The d~adline expires at midnight on the last day, Deadlines
141 expressed as a specific numb!"r of "business days" exclude Saturdays, Sundays. any legal public holiday under Wisconsin or Federal
142 law , and other day designated by the President such that the postal s~rvice does not receive registered mail or make regular deliveries
143 on that day. Deadlines expressed as a specific number of "hours" from the occurrenc~ of àn ~v~nt, such as rec~ipt of a notice, are
144 calculatèd from the exact time of the' ev~nt, and by counting 24 hours per calendar day. Deadlines express~d as a specific "day of the
145 calendar year or as the day of a specific event, such as closing, ~xpire at m.idnight of that day.
146 THE FINANCING CONTINGENCY PROVISIONS AT LINES 148 -162 ARE A PART OF THIS OFFER IF LINE 14815 MARKED,
147 SUCH AS WITH AN "X". THEY ARE NOT PART OF THIS OFFER IF LINE 14815 MARKED NIA OR IS NOT MARKED.
146 ~ FINANCING CONTINGENCY: This Offer is contingent upon Buyer being able to obtain a
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149 INSERT LOAN PROGRAM OR SOURCE first moñgage loan commitment as desc~bed below, within '-- d,ays of acceptance of this
150 Offer, The financing selected shall be in an amount of not less than $, for a term of not less than years,
151 àmortized over not less than ýears. Initial monthly payments of principal and interest shall not exceed $
152 Monthly payrperits may also'include'1/12th of the estimated net annual real estate taxes, haiard insurance premiums, and pnvate
153 mortgage insurance 'premiums. The mortgage may not include a prepayment premium. Buyer agrees to pay a loan fee not to exceed
154 '% of the loan. (Lòan fee refers to discount points andlor ioan origination fee, but DOES NOT include Buyer's other closing
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155 costs.) If the purchase price under this' Offer is modified, the financed amount, unless otherwise provided, shall be adju~ted
156 to the s~me percentage o/the purchaseprice as in this contingency ?nd the monthly payments shall be adjusted as necessary to maintain
157 the term arid amortizalion stated above. CHEèKAND COMPLETE APPLICABLE fiNANCING PROVISION AT LINE 158 OR 159.
158 0 FIXED RATE FINANCING: The annual rate of interest shall not exceed %.
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159 0 ADJUSTABLE RATE FINANCING: The initial annualìnterest rate shan not exceed %. The initiatinterest rate shan
160 be fixed for' . months, atwhicfi time the interest rate riia'y be increased not more than
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% per year. The maximum
161 interest rate duririg the mortgage ierm shalrhot exceed %. Monthly payments of principal and interest may be adjusted
162 to reflect interest changes. , .163 LOAN COMMITMENT: .Búyeragrees to pay all customary financing costs (including closing fees), to apply for financing promptly, and
:64 to provide evidence of application promptly upon request by Seller. If Buyer qualifies for the financing described in this Offer or other'
165 financing accepteble to Buyer, Buy\,r awees to deliver to' S~lIei a Copy of the \yrilten loan Commitmenl nO,later than th,e deadline for IQan
166 commitment at line 149. Buyer's'delivery of a copy of any written lo,~!,! ço~mitm"ntto Seller (even if subjecfto conditions) shall
167 satisfy the Buyer's financing contingency unless accompanied bya notice of un acceptability. CAUTION: BUYER. BUYER'S LENDER
168 AND AGENTS OF BUYER OR SELLER SHOULD NOT DELIVER A LOAN COMMITMENT TO SELLER WITHOUT BUYER'S PRIOR
169 APPROVAL OR UNLESS ACCOMPANIED BY A NOTICE OF UNACCEPTABILlTY,
170 SELLER TERMINATION RIGHTS: If Búyer does not make timely delivery of said commitment, Seller may terminate this Offer if Seller
171 delivers a written notice of termination to Buyer prior to Seller's actual receipt of a copy of Buyer's written loan commitment:
172 FINANCING'UNAVAILABILlTY: If financing is not available on the terms stated in this Offer (and Buyer has not already delivered an
173 acceptaóle loan commitmentfor other financing to Seller), Buyer shall promptly deliver written notice to Seller of same including copies
114 of lender(s)' rejectio!,! letter(s) or other evidence of unavailability. Unless a specific loan source is named in this Offer, Seller shall then
175 have 10 days to give. Buyer written notice QfSelier's decision to finance this transaction on the same terms setforth in this Offeragd this
176 Offer shall remain infjJll force and effeCt, with the time for closing extended accordingly. If Selle,r's notice is notli.mely given, this Offer shall
177 be null and void. Buyer authori4es Seller to obtain any credit information reasonably appropriate to determine Buyer's credit worthiness
178 for Seller financing.
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179 ADDITIONAL PROVISIONS/CONTINGENCiES
180
161
162
183
184"
185
166
187
188IJ[]ADDENDA: Theallached documents'
1891 TITLE EVIDEÆD
190 a CONVEYANCE OF TITLE: Upon payment of the purchase price, Seller shall convey the Property by warranty deed (or other'
191 conveyance as provided herein) free and clear of all liens and encumbrances, except: municipal and zoning ordinances and
.2 agreements entered under them, recorded easements for the distribution of utility and municipal services, recorded building and use
," restrictions and covenants, general taxes levied in the year of closingJll!!lc
194
195 (provided none of the foregoing prohibit present use of the Property), which constitutes merchantable title
196 for purposes of Ihis transaction. Seller further agrees to complete and execute the documents necessary to record the conveyance.
See attached'Addendum.
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:xjgfare made part of this Offer.
*including gap coverage
page40f5,WB-13 197 m. FORM OF TITLE EVIDENCE: Seller shall give evidence of title in the form of an owner's policy of title insurance in the amount of the 198 purchase price on a current ALTA form issued by an insurer licensed to write title insurance in Wisconsirý.*CAUTlON: IF TITLE 199 EVIDENCE WILL BE GIVEN BY ABSTRACT,,$.Tß,lJ:<E TITLE INSURANCE PROVISIONS AND INSERT ABSTRACT PROVISII' 200 ~ PROVISION OF MERCHANTABLE TITLE/~shali pay all costs of providing title evidence. For purposes of closing, title evi 201 shall be acceptable if the commitment for the required title insurance is delivered to Buye~s attorney or Buyer not less than 3 busi c s 202 days before closing, showing title to the Property as of a date no more than 15 days before delivery of such title evidence to be 203 merchantable, subject only to liens which will be paid out of the proceeds of closing and standard title insurance requirements and 204 exceptions, as appropriate. CAUTION: BUYER SHOULD 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.
207 E TITLE ACCEPTABLE FOR CLOSING: If title is not acceptable for closing, Buyer shall notify Seller in writing of objections to title by
208 the time selfor 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 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.
213. SPECIAL ASSESSMENTS: Special assessments, if any, for work .àctually commenced or levied prior to date of this Offer shall be
214 paid by Seller no later than closing. All other special assessments shall be paid by Buyer. CAUTION: Consider a special agreement 21S if area assessments, propertY owner's association assessments or other expenses are contemplated. "Other expenses" are one- 216 time charges or ongoing use feès'for public improvements (other than those resulting in special assessments) relating to cUrb,.gutter, 217 street, sidewalk, sanitary and stormwaterand storm sewer (including all sewer mains and hook-up and interq,ptorcharges), parks, street 218 Ii htin . and street trees, and.impact fees for other public facilities, as defined in Wls, Stat. 9 66.55(1 )(c) & (I). 219 ENTIRE CONTRACT.. This Offer, including any amendments to it, contains the entire agreement of the Buyer and Seller regarding the 220 transaction. All prior 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.
222~ '. .. . 223 Seller and Buyer each have the legal duty to use good faith and due diligence in completing the temns and conditions of this Offer. A
224 material failure to perfomn a.ny obligation under this Offer is a default which may subject the. defaulting party to liabililÝ for damages or 225 other legal remedies.
226 If Buver defaults, Seller may:
227 (1) sue for specific perforínanèe and request the earnest money as partial payment of the purèhase pric.e; or 228 (2) temni~ate the Offer and have th,e option to: (a) request the earnest money as liquidated damages; or (b) direct Broker to return 229
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the earnest money and have the option to sue for actual dámages. . . 230 If Seller defaults, Buyer may: .
231 (1) s,~e for ~pecific perfqmnance; or
232 (2) terminate the Offer ahçl request the return of the ealTiest money. sue for actual damages, or both.
233 In addition, the Parti.es may seek any other remedies available in law or equity,
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234 The Parties understand. that the availability of any judicial remedy will depend upon the circumstances of the situation and the 235 discretion of the courts. .'!feither Party defaults, the Parties may renegotiate the Offer or seek nonjudicial dispute resolution instead of 236 the remedies outlined above. BY agreeing to binding arbitration, the. parties may lose the right to litigate in a court of law those disputes
237 covered by the arbitr;;Jtion agreement. .. 238 NOTE: IF ACCEPTED, THIS OFFER CAN CREATE A.LEGALL Y ENFORCEABLE CONTRACT. BOTH PARTIES SHOULD READ
239 THIS DOCUMENT CAREFÚLL Y. BROKERS MAY PROVIDE A GENERAL ExPLANA'Í1ON OFTHE PROVISIOt:'JSOFTHE OFFER BUT
240 ARE PROHIBITED BY LAW FROM GIVING ADVICE OR OPINIONS CONCERNING YOUR LEGAL RIGHTS UNDER THIS OFFER OR 241 HOW TITLE SHOULD BETAKENA1 CLOSING. AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS NEEDED.
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242~. .. 243 . HELD BY: Unless otherwise agreed, earnest money shall be paid to and held in the trust account of the listing broker (buyer's agent 244 if Property is not listed or seller 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!rn,est money, an escrow agreement should be drafted by the Parties 246 or an attorney. If someon~ other than Buyer makes payment of earnest money, consider a special di!i!Jursement agreement 247 . DISBURSEMENT: If negotiations do not result in an accepted offer, the earnest money shall be promptly disbursed (after clearance 248 from 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 not close, the earnest money shall be disbursed according
250 to a written disbursement agreement signed by all Pa(lies to this Offer (Note: Wis. Adm. Gode.9 RL 18.09(:1 )(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"11'ot been delivered to broker within 60 days after the date set for clo.sing, broker. may disburse the earnest money: (1) as directed by 253 an attorney who has reviewed the transac~iori and does not represent Buyer or Seller; (2)." intò a court hearing a lawsuit involving the
254 earnest money and all Parties to this Offer; (3) as directed by court order; or (4) any pther disbursement required or allowed by law. 255 Broker may retain legal services to direct disbursement per (1) or to fiie an interpleader action per (2) and broker may deduct from the 256 earnest money any costs and reasonable attorneys fees. not to exceed $250, prior to disbursement. . 257 . LEGAL RIGHTS/ACTION: Broke~s disbursement orearnest money does not detemnine the legal rights of the Parties in relation to this 258 Offer. Buyer's or .Seller's legal right to earnest money cannot be detemnined by broker. At least 30 days prior to disbursement per (1) 259 or (4) above, broker shall send Buyer and Seller notice of the disbursemerit by certified mail. If Buyer ör Seller disagree with bro1l 260 proposed disbursement, a lawsuit may be filed to obtain a court order regarding disbursement. Small Claims Court has jurisdiction ( 261 all e~rnest money disputes arisi~g out of the sale of residential property with 1- 4 dwelling unit.s and certain other earnest 1110ney.disp
.. . 262 Buyer and Seller should consider consulting attorneys regarding 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 264 applicable Department of Regulation and Lice.nsing regulations concerning earnest. money. See Wis. Adm. Code.Ch. RL 18. NOTE: 265 WISCONSIN LlCI:NSELAW PROHIBITS. A BROKER FROM GIVING ADVICE OR OPINIONS CONCERNING THE LEGAL RIGHTS 266 OR OBLIGATIONS OF PARTIES. TO A TRANSACTION OR THE LEGAL EFFECT OF ASPECll=iC CONTRACT OR CONVEYANCE. 267 AN ATTORNEY SHOUt.D BE CONSULTED IF LEGAL ADVICE IS REQUIRED. . .' .
WI.con.ln leg'" BI'nk Co.. Inc.
268 PROPERTY ADDRESS: See attached leqal description [page5of5, WB-13]
269 OPTIONAl PROVISIONS: THE PARAGRAPHS AT lINES 271 ..314 WHICH ARE PRECEDED BY A BOX ARE A PARr 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.
2711ill1 PROPOSED USE CONTINGENCY: Buyer is purchasing the property for the purpose of:
.' "12 . This Offer is contingent upon Buyer obtaining the following:
3 D Written evidence at (Buye(s)(Seiler's)ISTRIKE ONEI expense from a qualified soils expert that the Property is free of any subsoil
274 condition which would make the proposed development impossible or significantly increàse the costs of such development.
275 D Written evidence at (Buye(s)(Seile(s) I STRIKE ONE I expense from a certified soils tester or other qualified expert that indicates that
276 the Property's soils at locations selected by Buyer and ail other conditions which must be approved to obtain a permitfor an acceptable private
277 septic system for: [insert proposed use of Property; e.g., three
27G bedroom single family home] meet applicable codes in effect as of the date ofthis offer. An acceptable system includes ail 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)(Seiler's) I STRIKE ONElexpense of ail 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, approvals and licenses, as appropriate, or the final discretionary action by the granting authority prior to the issuance
285 of such permits, approvals and licenses at (Buye(s)(Seiler's) ISTRIKE ONEI expense for the following items related to the proposed
286 development
287 D Written evldence at (Buye(s)(Seiler's) ISTRiKE ONE I expense that the foilowing utility ccnnections are located as foilows (e.g..
288 on the Property, atthe lot line across the street, etc.): electricity ; gas ; sewer
289 ; water ; telephone ; other
290 This proposed use contingency shail be deemed satisfied unless Buyer within days of acceptance delivers
291 written notice to Seiler 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 i:i16I. MAP OF THE PROPERTY: This Offer is contingent upon (Buyer obtaining)(Selier providing) STRIKE ONE a map of the Property prepared
294 by a registered land surveyor, within
-
days of acceptance, at (Buye(s)(Seile(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 ffany, and: .
297 .ISTRIKE AND COMPLETE AS APPLICABLE I Additional mapfeatures
88 which may be added include, but are not limited to: specifying how currentthe map must be; staking of all comers of the Property; identifying
9 dedicated and apparent streets, lot dimensions, total acreage orsquare footage, easements or rights-of-way. CAUTlON: 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 lo Buyer. This contingency shall be deemed satisfied unless Buyer, within five days of the earlier
302 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 Property is listed, a copy
303 of the map and a written notice which identifies the significant encroachment orthe information materially inconsistent with prior representations.
304@2J.INSPECTION 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 defects identified in the report to which Buxer objects. This Offer shall be null and
3i19 vold upon timely delivery of the above notice and report. CAUTION: A proposed amendment w{/I 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 foilow-up to
311 inspection. Note: This contingency only authorizes inspections, nottesling, see lines 98 to 110. For the purposes ofthis 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 any material use, storage or disposal of hazardous ortoxic substances on the Property. Defects do not include
314 conditions the nature and extent of which Buyer had actual knowled(le or written notice before signing this Offer.
315 This Offerwas drafted on [date] by [Licensee and Firm] Donald S Molter ,Jr ,Arenz ,Molter ,Macy & Riff~e, S
CITY OF MUSKEGO
316 (x) BV: ' 39-6006023
317 Buye~sS;gnature'PrintNameHere:' ,Mark A. Slocomb, Mılyor ~FEIN' Oate'
318 (X) By:
319 Buye~s Signature' Print Name Here: . Jean K. Marenda, Clerk ~ 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 CONDITtONS AS SET FORTH
324 HEREIN AND ACKNOWLEDGES RECEIPT OF A COpy OF THIS OFFER.
.
325 (x)
1IIII1Ii.6 Selle~s Signature' Print Name Here: . Alvin C. Basse
"(x) 32B Selle~sSignature'PrintNameHere:' carolyn M. Basse
329 This Offer was presented to Seller by
Social Security No. or FEIN' Date'
Social Security No. or FEIN'
on
Date'
.at_a.m.lp.m.
330 THIS OFFER IS REJECTED
331 Sellerlnilials. Date.
THIS OFFER IS COUNTERED [See attached counter]
Sellerlnilial,. Date.
iLE No.5S4 09/ðJ 'W HI'/ W:W /I):H<f:NC. ru.lt:K IIH'.-I . "".~~~---u . "-- --
'EP-2~-00 MON 1~.2G RUEKERT I MXELKE I~C. P-l'"
II Ruekert. Mielke
.
eI1MiM<I~I~g gullltlu\>. (or" working wurld
EXHIBIT \' Z -LJ II .
September 22, 2000
,. ..<. -
LaOAL DESCRlP1l0N
M:lrtin Drive Right-of-Way Acquisition
For: City of Muskego (GráÎ1tCC)
AU that part of the Southwest one.quarter of the SOt1tJw~t one quarter of $ectkm 3, Town 5
North, Range 20 Esst, City of Mu,kego, Waukeshll County, Wìscol1Sìn, IYlore flllly dcscr.bcd as
follow, (See Attached Exhibit" A"):
.Commcnolnl! at tho Southwest CQm(!r oî the Southeast olle-quarter of S~ction 3, thence Nonh
88'24'45" e<lst along the South 1ì11e of said Southeast one-quarter, 1066.36 feet to ihc point of
beginning; thel\ce North $0054'15" West, 81,65 feet to a point on the Enst line of lands
designated by Tax Key No. MSKC 21 69.987.()()1: thence Noeth 00028'00" West along the East
IIno of nid lands, 104.76 feet; thcncl;I SO\lth~1\stcrly alonz an ar~ of II curve 26.52 feet, center
which lies to the Northeast, radius of 460.00 feet, and a chord bearing South 490]5'10" East,
26.S1 feel; thence South 50054'15" East, 138.04 feet to a point on the Northwest line of
Janesvillc: Rond (C.T.H. "L"): thence South 39005'45" WC$! alonG the Northwest linE: of
Jancsvillc Road (C:r.H. "L") 66.10 feet to a point on tho South line of said Sou!hellSt one-
quarter; thence South 88024'45" West 1111.)"11 tho South line of said Southeast ono-quartor, 21.32
foot to the point of beginning containing 0.2379 acres (111,363 S(jIl\\N foet) more or less of land.
.
Martin E. Kulinski
QWNER: Alvin and Carolyn BIISSo (Grantor)
$70 WI6050 lanesvi1\e Road
Muskogo, WI 53150
Tllx Key No. MSKC 2l72.999
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BJRuekerl.Mielke Alvin ok Carol)'t\ ao..~
"'glneerinS.o1"~"",f....w.'IOnS"".'ld 570 W16050 Jonesville Rd.
Muske9o. WI 53150
~. RIGHT-Of-WAY ACQUISITION AND LAND TRANSFER
FOR THE (GRANTEE) CITY Or MUSKEGO
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TAX KEy NO.
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0: \Lcnd\13g2173\d_o\bcs"S THIS IN91RUM!:Hf WAS tJRA~n;o 6Y BRUCE K. CROSS
OCT-01-2001 10:23 CITY OF MUSI<EGO
"II Ruekert. Mielke
262 679 4106 P.08/09
EXHIBIT "Z-9" engineering $olu!ions for a working world
r
September 6, 2001
.
LEGAL DESCRIPTION
Right-of-Way Acquisition and Land Tmsfer
for the (Grantee) City of Muskego
For: (Grantee) City of Muske go
Being part of the Southwest 1/4 of the Southeast 1/4 of Section 3, Town 5 North. Range 20
East, City of Muskego, Waukesha County, Wisconsin. bounded and described as follows (see
attached Exhibit "A"):
Commencing at the Southwest corner of the aforesaid Southeast 1/4 of Section 3; thence North
SS~24'45" East along the South line of said Southeast 114 of Section 3, 1003.40 feet to the
POINT OF BEGINNING; thence continuing North 88"'24'45" East along said South tine, 62.96
feet; thence Nonh 50054'15" West, 81.65 feet; thence South OO~S'OO" East, 53.23 feet to the
point of beginning. Containing O.O38~ acres (1,675 square feet) more or less ofland.
r--, ('
Bruce K. Cross .
OWNER: (Grantor) Alvin & Carolyn Basse
Tax Key No. 2172-999
BKC;nuj
13P2173.100
r:lclimls\l3\1392113.100\lep!$ ..lbassc.20010906.right or",y aoqui$iIÌOd.doc
Enclosure
or'
cc: Michael F. Campbell, RuekertlMielke
File
.
W239 N1812 Rockwood Dñve . Waukesha, Wì5<JOnsin5318B-1113
(2(2) 542.5733 . Fax: (262) 542-5631 . \AMIW,ruekert-mielke.com
:ILE No.55l1 09/26 '00 r:fI 10:07 ID:ARENZ n:LTER rnGY FAX:26251I&:)211
GEP-2~-00 MUN 13:27 R~~KE.r I MIE~K~ 1H~~ .... II
. \'Z-t\" -..." EXHIBIT
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RIGHI 0, WAY ACOUIStl1ON
fOR (GRANTEE) erN OF MUSKEGO
wtt
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SCAt' IN rttT
OWNER/GRANTOR
ALVIN AND CAROLYN BASSE
570 W160!)0 JANESVlllE ROAD
MUSKE GO. WI 53150
TAX KEY NO, 2172-999
EJ - AREA TO BE ACQUIRED
FOR RICHT OF wAY
10,363 SQ. FT. - .2379 ACRES
.
TA)( KEY NO.
2172-999
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SW CCRNER or
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. COJR~ NO. RA01US I> CH0I10 CHORO aRC: ARC TAl< 1...,OtNT eRG TAHGtIIT BRG
1 ~O.OO' J08'W 10.'" SoIg~5"0'~ ~8.51' IJ.26' N<7'~'OS"W SSO,:!"15't
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~~P-2~-00 MOH 13'~0 RUEKSRT I MIELKE tHC. P.1-+
II Ruekert.Mielke . (l\g!M~,inl'í ",1"tiun$lo, a work In!; world
EXHIBIT
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Seplember 22, 2000
LEGAL DESCRIPTION
Mnrtin Drive ri~ht-of.wa.y Acquisition
.'
For: CiW of M\lskcßo (Grdntcc)
AI! fllaf part of lhe Norlhwc:n one-quarter of the Northeast one quarter of Section 10, Town 5
North, Range 20 East, City of Muakcgo, Waukcshtl county, Wisconsin, n1orc fully described as
follows (See Attached. Exhibit "A"):
Commencing ~\ the NOrlhwcsl comer oftho NO(1h~asl one-quarter of Section \ 0; thence North
88"24'4$" l3a.at alotlg the North Une o(uid Northeast on..-qul\rlor, 1066.36 (cel to tho point of
boginnini; thence continuing Nonh 88024'45" East along cite North line of said Norlheast one-
quarter. 50.3) facl to a point on the NorthwelJt .line of Janosville Road (CTH "L"); thence .soUth
39005'45" Wost alon~ the Northwe.5t line! of lanesville Road (CTH "Lit), 32.81 iòct; thence
Nonh 50'54'1~. West, 38.17 fcel 10 tile poim of beginning containing Q.Q1437 acres (626
square fecI) n1orc or less of land. .
.
Martin E. Kulinski
OWNER: Alvin and Carolyn Basse (Grnntor)
570 W 1 6050 J Il!\csvilte Road
Muskcgo, Wt 53\50
Tax Key No. MSKC2197.998
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'ÌLE No.554 09/26 '00 AM 10:10 ID:ARENZ Mß..TER tW:Y FAX: 2625489211
ð~~-~~-00 MON 13:30 RUEKe~T 1 MIE~KE iN~. p - 1:5
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EXHIBIT" An
RICHT Of WI>. Y ACQUISITlON
FOR (()RANIT~) CITY Or MUSKEGO
OWNER/GRANTOR
AL VI N AND CAROLYN BASSE
570 W1605C JANE5V1LLE ROAD
MtJSI<EGO. WI ~3150
.' TAX KEY NO. 2197-996
æEJ- AREA TO BE ACQUIRED
FOR RIGHT Of WAY
626 SQ. FT, - ,01437 ACRES
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FILE No.554 09/26 '00 Çt1 10:11 1D:AREN2 tlLTER MACY FAX:262S489211 PAGE 17
P-~6 SEP-2a-~0 MOM 1Z;~1 RUEKERT I MIE~KE INC.
18 Ruekert.Mielke
cngin,'Cf;n/: iClly/inn.'ur a """king ",urld
Mlt EXHIBIT II Z - " I
------
.
September 2S. 2000
LEGAL DESCPJPT!ON
Land AcquistiQn
...
For: City of Muskello (Or4l\Iee)
All that part of the Southeast ono-quarte:r. and the Southwe~t one-quilior, of the Southeast OM
quarter of Section 3, Town 5 North. Ranga 20 East, City of MUsKego, Waukesh. County.
Wisconsin. mQre funy dcscrl~d as follows (Seo Atuched Exhibit. AU):
,
Commencing at the Southwe$t comer ot' the South~ast one-qu;!rtor of Section 3, thet1ce North
gso24'4S" East, 1003.41 feet, along the South line <)f said Southð1l3t onc-<!uarter; thence North
00028'00" West. 158.00 feet to the point ofbeginnir1g orthe lands hereinafter described; thence
continuing Nanh 00028'00" West. 268.28 fect, aloni the wf:stline of lands known as Tax Key
No. MSK.C 2172.999 to a point in the north right-or.way lint of exi~ins Martin Drive; thence
South 79007'01" Ellst, 19.91 feet, along lhc north ri ght-of-way of existing Martin Drive; thence
South 85012'15" East, 427.63 feet. along the north right-or-way of existing Martin Drive:
thence IIlon!; an arc of a,curvc') 7.11 feet, 'center which lies to the Southeast, Tadius of2,315.16
feet. and a chord bcarin&\ South 52026'46" West, n.ll (ect; thence South 85012'15" ëast, 6.93
feet to a point; thence arong aCt arc of II curve anG the northwest right-ai-way line of J4l16sville
Road (C.T .1-1. "L"), 389, 16 fcct, center which lies tl) the Southeast. radius of 2320.76 feet, and a
chord bearing Soulh-43053'59" Wesl, 388.70 feet; thl::ncc South 39.05'45" West, 38.44 feet,
alon~ the northwest right-of.way line Janesvi1le Road (C.T.H. "L"); thence North 50054' IS"
West, \ 38.04 feot, a1on~ northeast right-of.way Une of proposed Martin Drive; thence aloni an
arc of a curve and continuing along the nortbwt right-of-way line of Martin Drivo, 26.52 feet,
center which lies to the Northeast, radius of 460,00 feet, and a chord beating North 49'1S'1Q"
West, 26.51 fcot to the point ofb~ginning, concai1\ing 2.1604 acres (94,107 sqtl~re feet), more
or lesS ofllllld. '
.
Martin E. Kulins1d
OWNER: Alvin and Carolyn Basse (Grantor)
570 W160S0 Janesvílle Road
, Muskcgo, WI 53 ISO
Tax Key No. MSKC 217H99
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cc: flHo .
:IU;: No.554 09/26 '00 (t1 10:11 ID:ARENZ l1J..TER mGY FAX:262S4$9211 PAGE 18
G~P-20-~Ø MQM '~13' UU~KEK( . M'.~-- 'N~. -. . ,
.
EXHIBIT "2-'1 II
,
I
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lAND ACQUISTION
6"~9 port of Ilf. $ovlheo,1 1/4, ond t~4 Sovthwost 1/4. of tho Southca.t 1/. of Scclion 3,
íown ~ North, ~on9! 20 Eo~t. City of MV8k090, WoúkeenO Coúnty, Wilcon.ln, ' .'
N OWNER/GRANTOR
-, ALVIN AND CAROLYN BASSE
570 W16050 JAr-;ESV1l.l.E ROAD
MUSKEGO, Wi 5.3150
TAX KEY NO. 2172-999
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so 100
~
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200
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IJimj roo RIGHT OF WAY
2,1004 AC
(94,:07 SF)
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9'~'2ð' ; 166,10" $'3'53'50'W J...'6'I"S'O" ~'ð'\2"J'( S3,'06"'-w I
"0"0" I 2UI' i N..'15'10'W 26,12" 1J,2G' ..TJS'O!"w Sf>Q'S"!S"(
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OCT -01-2001 10: 22 CITY OF MUSKEGO 262 679 4106 P.06/09
.
-
, II Ruekert. Mielke
EXHIBIT "Z-S" engineering solutions for a working world
_/"'
September 6, 2001
.
LEGAL DESCRIPTION
Right-of-Way Acquisition and Land Transfer
for the (Grantee) City of Muskeg a
For: (Grantee) City of Muske go
Being part of the Northwest 1/4 of the Northeast 1/4 of Section 10, Town S North, Range 20
East, City of Muskego, Waukesha County, Wisconsin. bou.nded and described as follows (see
attached Exhíbit "A"):
Commencing at the Northwest corner of the aforesaid Northeast 1/4 of Section 10; thence
North 88024'45" East along the North line of said Northeast 1/4 of Section 10,1003.40 feet to
the POINT OF BEGINNING; thence continuing North 88024'45" East along said North line,
62.96 feet; thence South 50054'1$" East, 38.17 feet; thence South 39005'45" West along the
Northerly line of Janesville Road (C.T.H. "L "), 145.03 feet; thence North 00028'00" West,
134.88 feet to the point of beginning. Containing 0.1610 acres (7,013 square feet) more or less
ofland. r .
Bruce K. Cross
OWNER: (Grantor) Alvin & Carolyn Basse
Ta."i: Key No. 2197-998
BKC:mrj
1392173.Loo
r.lolicnI$1I3I1J92173.!OO~cgill' ..Ibno...20010906-ri$b' orwoy .cquisidon 2.dOc
Enclosure
r- Cc: Mike Campbell
File .
W'l39 N1812 Rockwood Driva . Waukesha, Wiaoonain53188-1113
(21)~J 542.5133 . Fox, (262J 542.5831 . WWW.nJ~k...-mielke.com
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'Ruekert. Mielke
engineering $olutiol\$ for a working world EXHIBIT "Z-9"
September 6,2001
LEGAL DESCRIPTION
Right-of-Way Acquisition and Land Transfer
for the (Grantee) City of Muskego
For: (Grantee) City of Muskego
:aeing patt of the Southwest 1/4 of the SOlltheast 1/4 of Section 3, Town 5 North. Range 20
East, City of Muskego, Waukésha County, Wisconsin:> bounded and described as follows (see
attached Exhibit "A"):
Commencing at the Southwest comer QÎthe aforesaid Southeast 1/4 of Seen on 3; thence North
88"24'45" East along the SO\lth line of said Southeast 114 of Section 3, 1003,40 feet to the
POINT OF BEOINN:(NG; thence continuing North 88024'45" EMt along said South line. 62.96
feet; thence North 50054'15" West, 81.65 feet; thence South 00"28'00" East, 53.23 feet to the
point of beginning. Containing 0.0385 acres (1,675 square feet) more or less ofland.
Bruce K. Cross
OWNER: (Grantor) Alvin & Carolyn Basse
Tax Key No. 2172.999
BKC:mrj
13~2173.l00
r:lolionls\13\lJ9217J,lOO\I.ß1Û$ ..lhassc.20010906.right of""y .equi$iijod.d...
Enclosure
ee: Mich1tel F. Campbel1, Ruekert/M:ielke
File
W239 N1812 Rockwood Dñve . Waukssha, W.scoMin53188.1113
(262) 542'9733 . Fa><: (!,!62) 542-5631 . www-ruekert-mielkMom
Ul.l-l!Jl-dJI11 111'<::.5 ell Y Ur MU:òKI::l:iU 262 679 4106 P.09/09
EXHIBIT "Z~9"
/' EXHIBIT "A"
RIGHT-OF-WAY ACQUISITION AND LAND TRANSFER
FOR THE: (O~ANTËE) OITY OF MUSKEGO
e-
TAX KEY NO.
2169-987-001
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.
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;/
E1 OWNER/GRANiOR.- - .-
DENOTES ARËA TO a- _Ruekert.Mielke Alvin & Ceroi>", Besse -: !>.QUIRED FOR
OIIg!neeri!lS.olulionsloraworldngwo,1d 570 W160:>0 ,Janesville Rd.
.
RIGHT~OF-WAY
Muske9o. WI 53150 -- - .
0.0385 AC./l.675 S.F.
G: \Lond\13921'73\d\'lg\b....4 THIS INSTRUMENT WAS DRAFTED 8Y 8RUCE K. CROSS
TOTAL P. 09
,
TAX KEY NO.
2172-999
.
TAX KEy NO.
2191-998
,r".
DOCUMENT NO. "^"..... OF""eo",," FORM', ""
QUIT CLAIM DEED
CITY OF MUSKEGO, a Wisconsin Municipal
Corporation,
qUI!-o]a]m,lo
ALVIN: C. BASSE & CAROLYN M. BASSE,
husband and wife,
Ih. follow]ng d"",ib.d "al "Ia" fn Waukesha
Slat. ofWi","n,f"
SEE A'ITACHED LEGAL DESCRIPTION
MARKED EXHIBIT "A"
County,
"""'^CB""'ERYEO FORlU!CO"""ODhT^
Rolum Do<umonl 10:
Alvin C. & Carolyn M. Basse
S70 W16D50 Janesville Road
Muskego, WI 53150
raxParcefNo: TAX IiEY NIJM:
THIS CONVEYANCE IS EXEMPT FROM REWRN
& FEE PURSUANT TO WIS. STATS. 77.25(2)
Thf' is not hom""ad prop.rty.
Daled Ihle day of
(SEAL)
.
(SEAL)
.
AUTHENTICATION
S]gnature(,) 01
authentlca"d th], day of
.
TITLE: MEMBER STATE BAR OFWiSCONS]N
""'.
'""'"'~"""",w-~"'~
","'""""M'NrWASO","",,O'Y
Attorney Donald S. Molter, Jr.
].'"""'~m"b. ,"_,"""rod o""""",d,.. 'of". """=',.]
CITY OF MUSKEGO
By:
Mark A. Slocomb, Mayor .
Bv:
. Jean K. Marenda , Clerk
ACKNOWLEDGEMENT
STATEOFWiSCONSfN
County.
} ".
P",onally eam, before me thl, -
day of
, - the above named
Mark A. Slocomb. as Mavor. and
Jean K. Marenda, as Clerk, of the
C, ty of Muskego
Waukesha
to me known to b. the pe"on(,) who e"",ted the fo"golng
instrument and "knowledged the "m..
Notary Public Waukesha County, Wi,.
My Comml"ion f, pe'manon!. (If not, 'tat' "piratlon date:
.)
. "'m~"pm_"""",I""'~"'.,"""","",d~prl"" """""1.<1",'"'.
aU"OUIIM """ STATEeAROFW"CON"N FaRM No.' . ""
(SEAL)
(SEA!.)
q~~"R7/"
û~* \'f\" .
All that part oithe Southeast v.. and the Southwest v.. of the Southeast ';' of Section 3,
Town 5 North, Range 20 East, City of Muske go. Waukesha County, Wisconsin.
Commencing at the Southwest comer of the SOlltheast v.. of said Section 3; thence N
88024'45" E, along the South line of said Southeast v.. a distance ofl 003.41 feet; thence
N 00028'00" W, 375.28 feet to the South righH)fway-line of Martin Drive, said point
also being the point of beginning oflands to be described; thence S 79007'01" along said
South line 12.53 feet; thence S 85012'15" E abng said South line 321.78 feet; thence S
43012'33" E along said South line 47.39 feet, to the Northerly right-of-way line of
Janesville Road (C. T.H. "L"); thence Northeasterly, 77.48 feet along the arc of a curve,
which center lies to the Southeast, having a rad:ius of 2320.76 feet, and a chord distance
of77.48 feet which bears N 47044'50" E; thence N 85012'15" W, 6.93 feet; thence
Northeasterly, 37.11 feet along the arc ofa curve, which center lies to the Southeast,
having a radius of2315.76 feet, and a chord distance of 37.1 1 feet which bears N
52026'46" E, to the North right-of way line of Martin Drive; thence N 85012'15" W,
along said North line 427.63 feet; thence N 79001'01" W, along said North line 19.91
feet; thence S 00028'00" E, 51.00 feet to the point of beginning. Containing 22,120 sq.ft.
(0.51 acres) more or less. (See attached map) -
Daniel R. Flamini RLS 2486
4-15-2003
.
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-
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----
S~l~~l- "(-\"
2172-999
,,~ì
<\'?' /
0&'
~172-999
N
SCALE: 1" = 100'
MARTIN DRIVE VACATION
B ASSFPR 0 PER TY
Co.^, No.'" V'~m l>". . Ow",m R'" "'aI' e,,""lOn R'",.
~LAND-OWNER~ATECO~
Wi"""""'" """""', ""', ""~--
I PROPERTY ADDRESS:
2 PROPERTY OWNERS:
3 OWNER HAS OWNED THE PROPERTY FOR
- VEARS,
4 For lb. pwpos' of complying wilb conain regula.oos and disclosure laws, il is imperaove Ibal!he foUowing quesoens be answeled ond da. 5 ,upplied by !he owner of "",d. Thi, will "'0 gTCaily as,i" !h. sal. of yo", property.
6 WARNING; IntOm" repres..Ii.o05 m,y result I. "lIcr lI.blllty for d.m.G"-
7 This fono is 10 be cnmp'et.d pelSonaily by own'" bas.d on aU of Own'lS infono..o", knowl,dg"..V" oOOm.oons. Whil, ",m..flb. """oons '" , "",d.d ;" a mannor 10 assl" r",lI. it is difficult to covcr all silwllioos. so pl.ase add 01 amend Ibis repon as appropriale.
9 Answer ques.ons by circling your "'poos.. II you do nol know .h. .n........ pi.." cll'cI, "UNK." lor "UNKNOWN",
10 AI..ALL "YES" ...w." mu" b. explaIned In .h. blBn' 'p'c, SI'heeud oflhl, lorm.
II This is nol a "lbsrirule lor any Inspecnoos buyet may wish 10 ohlain. SeUer is aware Iba! 8uyer may be rely;"g upon llris inlonruuion in dççiding
12 wb.fl.er" nol or upon "ml """"0 pure""'. lb. property. 'n Ibis lono "am aware" m.ans 10 have non" or knowle<Jg..
13 GENERAL
14 (I) Are you.ware 01 p,....d or commenced public improvemenlS which may resull in sperial as"ssmen. or oth<:lWise
15 ~"rially .If,,' fl.. Property or lb. pre<<n...e of lb. Froperty? ......""""..."""........."".........""......".........."""".."""""""""""... YES
16 (2) Asc you a""" olany govemmçn.ag.noy o"oon order <<<Juiring "P'U; ~I.ralio. or """,lio. of any ",i,flog ",odilio.?.". YES
17 (3) Are you aware ofany compl,1ed 0' pending Property "'" ..as,essm," of lb. Property?""..."""""..""."..."""......".........".""".., YES
" (4) Are you aware olany land divisiou involving"" Property Ilor which scqw..d Slale o,'",ala.._s wcrç no' oh..ined)
19 and/or any ,,",on why lb. land division may no. have ""'n ...on1cd in Ibe regist<r of deeds? ...................................................... YES NO UNK.
20 (5) Asc you """' of any po,.;on of !he Prop.rty being in, 100 y"" floodplain, a weiland orasho..'and zoning"'" under
21 local, 'lale ol'federal """lalions? """""""""""""""""""""""""""""......".................."......".........""..........,.........."..............."..,.. YES NO UNK.
22 (6) Do you have a s""'Y olth<: property?........................................................................................."............".........."........................... YES NO UNK.
23 If so, what is Ibe da.. oflb..",,'Y
24 and do you know ofany ""on why !he S""'Y may be !naccunllo or "';"cading?.""..."........."............,.......................... YES NO UNK.
25 . (1) If you know. whal is th<: size ol!he Property? --"",,-Whal do you base IhaI inf~.onon?
26 (ß) Is Ibis property subjec' 10 "sessmenl b)lany non.goverom'nlal entity or adj"'nllOI own'lS Isuch as a shal<d wel~
27 ,Jwçd oc=s...~ WaleI' ""'~ out 10' ~in""an", ....)? .."""""""""""""""""""""""""""""""""""""""""""""""""""""'" YES NO UNK.
28 (9) Oiher Ihan a gOY""""'1a1 .ulhorll)', "" yo. """'" of any PÇlSon, group or commh.", ("",h as "" ""hi"'""'l conlrol
29 committee) wbich mus.approv. ofany coaslruCnon on llris property? ..........................."..".....,.."............................".""...".....". YES NO UNK.
30 RURAL
31 (IOJ Asc YO"""" ofany porlion of tJ., Property bdng ,ubj." to, or in violstion or. a F.umland Pmenotion Agreem.nt
32 under a Counl)' Fannland p.."rvation Plan, or enrolled in, or in violalion of, a 1'0"" Crop, Woodland Tox, Man.g,d
33 Fo"'~ Cons.""non Reserve or similar program? """"""""".........-......................".........."......................"...."........"...........".... YES NO UNK.
34 (I I) Asc you a""" of ""y boundary disp.... or ,""..ri.1 vio,..ion ollene. laws7 (no..: Wis. Sla.. Ch. 90 ..quu.s.... erection
35 ond ro.in_n.. ofl",al f..", be'weçn adjoining prope,.;.. wb... on. orbolb of!he prope";" i..... and occupied for
36 fanning or grazing porpo"s)? ....."""",..",..",.".""",.."""""""",....""""""..."""..,""""""""""""""""""""""""""""""""""""" YES
37 (12) Ate you awaR: olprior reimbIJ",m<nl fOi comelive action coslS under ihcAgricul- Chemical CI=up 1'1ogmm?
3' (Ws. Slais. 194.73)...............................................................................""""""""""""""""""""""""""""""""""""""""""""""'" YES NO UNK.
39 ENVIRONMENTAL
oW (13) Asc yo. """' of any violorio", of""iro.....n..1 rulas or o!hel'ruler or"""",..b ..,..t,ling!he US< oflbe Property?......... YES NO UNK.
41 (14) Are you .ware ofcondinoos constiruting. significant heallb or sal.1)' bawd for occupanlS of Property? ."......,....."."........".... YES NO UNK.
42 (15) Are youaware of underground or olberstorag. Ianks (Including IMs, \>tich m,y have bècn removed) on 1M Property
43 fo.....ragenf ..nlanÚnanlS or flammablenl' combuslibl. liquids, including b" nolliroiled 10 gasolin. and healing oil?.......... YES NO UNK.
44 (16) Are you awaR: of of high vollag' .Iecm. (lOD KY 0' gTCater) 0""'" nalUral gas -..;"ion lines localedon but nOi
45 direclly seMng lb. Property?.........................................................................."..........""""""""""""""""""""""""""""""""""'" YES NO UNK.
46 WELL, SEPTIC & SUBSOIL
47 (11) Are yo..- of well..n lb. Property ..quiIed 10 be abandoned {WIS. Adm. Code NR 112.26) bm wbich "'" nol
4' aliandon.d aceoming 10 ",Ie """lations? """""""""""""""""""""""""...".".,.."....,..."."""","""""""""""""""""""""""""'" YES
49 (IB) Are you.ware of cis..ms or septic ranks on "" Property?.............................................................................................................. YES
50 (19) Hav. yo. over ha<f!h. property (or any po,.;on !he..oQ "'Ied or """,ined (lnclud.d pere tcs~ ..H borings, CIe.)? .................. YES
51 (20) Ate you a""" olany of lb. following stWooit ..ndili.." ,ub,urfuo. fo""dalions, o",an~ orno""""",ic fill, dump,i... or
52 conlai.." 00 Property wbich conlaln.d 0' cumnlly c....in toxic or hazardous ma..rial', high ground""'I',....ual soil
53 conditions (..g. 'ow load healing ..pacity), ex""ive rocks or rock lonootions on !he Property Ol'any olbercoodition wbich
54 elf." cost of construçlion? ,......,........."..............................................................,.....""""""""""""""""""""""""""""""""""""'" YES ND UNK
55 (21) Are you",,", of alack oflegal vehicular acc." 10 Ib; Property from publie roads?.""",.........""...."......",.....:.............."........... YES NO UNK
56 (22) Are yo. Bware of any other cooditions or OCCVlTellces wbich wouJd .ignifrcan.ly inc..", /h. nos. of devc/opmcntomdocc
57 Ibe vol.. of lb. Pmperty '..""onabl. penon wi!h knowl.dge oflb.narure and scope ofth<: condition Ol'oecwrence? ........ YES NO UNK
5' EXPLANATIONS OF "YES" ANSWERS AND OTHER INFORMATION YOU WISH TO EXPLAIN
59
60
61
62
63
64
65 The Ownercenifies!h.. fl., infonoonoo in Ibis ..port is !rue and eolree! 10 !h. beSi of Owner'. knowl.dge as of !h. da.. below.
NO UNK.
NO UNK.
NO UNK.
~
NO UNK.
NO UNK.
NO UNK
~oo 00
6? Signarure (S.lIer) D.., Signature (S.lIer) D.~
68 Brokçr ,;rlifi" thai brok" has in'pecled Ib, ,mp'ny and unl." olb.",;" iodi....<\ hroker is no' 0- of ,i!her d.fects ofl.er Ihan !hos.
69 repon and is notawore 01 inlonnation inconsblent wilb !hi, ..pon.
70
11 8roker
72 I ",knowl.dg. a receipt of' 'opy of Ibis repon.
8y Dale
73 (x) Ix)
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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, we
hereby waive any and all rights that we may have to appeal the award of
compensation made under Wisconsin Statute ~32.05.
Dated this day of , 2003.
ALVIN C. BASSE
CAROLYN M. BASSE
STATE BAR OF WISCONSIN FORM I - 199B
,
WARRANTY DEED
Doc"""mNomb,,
I! I This D..d, m,d, b"w"n ALVIN C. BI\SSE and Cl\ROLYN M.
Bl\SSE, husband and wife
, C"nto"
,nd CITY OF MUSKEGO, a Wisconsin Municinal Corooration
.
. C"m",
Cranto,. for, volu,bl, oon,'d",tlon, convoy' to C"n'" th, followIng
I d""ib,d"""""'n Waukesha County, S"t. of Wb,on,'n
I
(th. 'Prop.rty'): Roc"";n"",,
, SEE A'ITACHED LEGAL DESCRIPTIONS MARKED N"",o ,rnj ""om Add"" I
EXHIBITS "Z-4" , "Z-6" , "7.-7", "Z-8" 5, "Z-9" IItty Oonalð S. Molter, Jr. !
i' ~renz,Molter,Macy 5, Riffle, S.C.
I "P.O. Box 1348 I Waukesha, WI 53187-1348
NOTICE:
"Part of MSKC 2197.998 and
1. The amount of compensation is $186,184.00 "Part of MSCK 21 n .999
II
plus a Quit Claim Deed to certain othef property. P"",olldoo""oI'oo Nomb" IPIN!
2. Any pefson named in this conveyance, either n" is not hom"t"d property.
above being a conveying party having an (b) (t, not)
II interest of record in the parcel or below as
another person having an interest of record in the property, may make an appeal
from the amount of compensation within six months after the date of recofding of
this conveyance document as set forth in !f32.05(2a), Wisconsin Statutes. For the
purpose of any such appeal, the amount of compensation stated on the conveyance
document shall be treated as the award and the date the conveyance document is
recorded shall be treated as the date of taking and the date of evaluation. Other
i persons having an interest of record in the property: None,
I
Together wtlh ,II 'ppurton,m rIght:;, title and Imete"', II
I C"nto,w""n~ thot th, tltI, to th, Prop.rty t, Bood, Ind,f",'bl.'n f" ,tmpl. ,nd f,oe and "... of ,",umb"n", .mpt recorded
easements and restrictions anð municipal anð zoning ordinances, anð real estate ta"es in
the year of clooin;:;.
D,t.d thl, d'yof
(SEAL) (SEAL)
i . . ALVIN' C. BÞ.SSE
i
I (SEAL) (SEAL)
Ii, . CAROLYN M. BASSE
, I AUTHENTICATION ACKNOWLEDGMENT
i ! S'gnoture(,)
State of WIsconsin, } ",
Waukesha County,
I ,u'h'nU""d thb - d,y of .- P",on,lIy com. b.fore m. thl, d,y of i
,-. th, ,bov, nam,d i Alvin C. Basse and Carolyn M. Basse
II
II. 'I
TITLE: MEMBER STATE BAR OF WISCONSIN to I Of not. me known to b. the p",on L- who ex,~"d the f"egotng
I ,uthoozed by ,706.06. Wb. Sta~,) I",trumen! 'nd "knowledg. the "m'.
I
,
THIS 'NSTRUMENT WAS DRAFTED BY I
I\ttorney Donald S. Molter, Jr.
I
.
No",y Publi,. S"" of WI"on,ln
My ,omm'"lon is perm,n.nt. (If nO!, ""e exp"'lion d,":
(Slgn'ture, m'y b. ,uthen"""d " "know'edged. Both 're not ._,) n""",y,)
.
.
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il-
,-
I . N,m6 0' P,"OM "'0'0' '0 'o"",d', m," b. 'yP.d 0' ,"o"d b.,ow <h." """"'"
I WARR
STATE. BAR OF WISCONSIN W""o'",l.,. ".."'C,.. 10',
. "
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" " , , ' ""
@ " , '
.., ,"" CHICAGO TITLE INSURANCE COMPANY
RECORDING GAP INDEMNITY
Commitment No. ,1104459 & 1104455
WHEREAS, the CHICAGO ~I~LE INSURANCE COMPANY, a Missouri corporation
(Chicago), is about to 1ssue its title insurance policy or policies (the
1'01ioies) to the proposed insured(s) for property described in the
above-reference~ commicment, insuring against lOBS by reason of defects in the
title to said property (the Land);
JUIJD, WHEREAS, chicago hae made ~oeption fo:." =efects, l~ens,
encumbrances, adverse claims or other matters, if any, created, first
appearing in the'public records or actaching hetween 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, WH!1:REAS, Chicago has been asked to issue ,the 1'01icies, and may
hereafter in the ordinary course of its business issue title insurance
policieS or commitments in respect to the Land, or Borne part or interest in it
(the Future POlicies), removing'or insuring against loss by reason of the Gap
Defect(s);
NOW, THEREFORE, in ,consideration of the issuance of the Po11cies or
, Future Policies, the undersigned covenant(s) and agree(s) with Chicago forever
to protect. defend and save chicago harmless from and against Gap Defect(s)
, created, suffered or agreed to by the undersigned and eXcept as disclosed in
writing to Chicago, and any right, interest or defect growing out of the same,
including all loss, costs, damages, and attorneys' fees and expenses whiòh 1t
may incur by reason thereof. including lass, casts, damages, fees and expenses
incurred in actions brought to enforce this agreement; to defend at
undersigned's own cost any and every suit, action or proceeding in which the
Gap Ðefect(s) was created, suffered or agreed to by the undersigned and,
except as disclosed in writing to Chicago,' is or are asserted against the real
estate; to satisfy or remove such Gap Defect(s) on written demand within
th1rty 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
Name
(1'"",,=)
By
(S;.,.,."")
Alvin C. Basse
(PriotN_)
"UI, N......","" (I';ßI11-)
Carolyn M. Basse
(l'r!II!N....) -""(",,,.._~-
870 W16050 Janesville Road
c~ "".. ZJp """"'(-""'="""""'a>
Muskego, WI 53150
Ci<y ,..,. ZJp T._,,-
'Mop--
_0f0"
.
.
.
ADDENDUM
1. Sellers and their 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. Sellers, 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.
3. The City's obligation to close this transaction is contingent upon the City
closing on the purchase of the Lindemann, Edward property which is a part of
this project prior to the closing as to the acquisition of this property or waiving
this contingency.
4. If the City closes on the transaction of properties described in this Offer and if
the use of the property described in the attached Quit Claim Deed which is
made a part hereof is abandoned from its present use as a road, then the City
will execute said Quit Glaim Deed in favor of the Sellers.
STAPLE
ATTACHMENTS
HERE
.
Wisconsin.
Real Estate Transfer Return - Confidential
"'" "" 1111"""
To complete see Instructions for Real Estate Transfer Return PE-5i1i1A.
Submit original form to Register of Deeds with document(s) to be recorded. Completely fill In all appropriate areas. TYPE or PRINT
clearly in BLACK INK, and use ALL UPPERCASE LETTERS. If typing form. type through vertical character lines.
I. GRANTOR (Seller> x If more Ihan ONE (t) grantor. check box alleft and list on attached addendum. Note: Line' 67-72 mu,t be completed wilh gran!ò~s address.
1. You, t... N.m. or Comp", N.m. N,'" For ~,. ,.""... m..I.d ",pl' ,. 00. ,m..or' ..m..,,' ..m. (... H.. 2).
BAS~E
................--... .:"---- (.:.:~.::::~ft:~~m:"FEI:...../ 2. You, Fin' Nam~') ,,' OldOl.I.III.I(.}-II. m"',' ",pl.. sh,. both Hß' ..... an' ..".I.III.ls.
ALV.IN C
II. GRANTEE (Buye,)
.. y", t... N...., C,m"., Nom.
If more than ONE (1) granlee. check box al left and li.1 on a\lathed addendum.
N"" F,"h. P"~"" man'" o<>,pl.l. ". "en',,' ..m. I,,'.am. (... H..~.
CITY OF MUSKEGO
S. y", FI,II Nam~.) ,,' O'dO'. 1.111"10)-11' manl.' o<>,p". sh,. both fiB"'." ,nd .... Inm.I.. G. Soo',"eourlly N,mber orFElN
39-6006023
7. SIrIO'" F', N,m",. ".., 7'. Sir... N.m.. pO B". or 01"', Ad"... ("....'0 B,".nd BoxN,mb,,)
W182 S8"200 RACINE AVENUE
.. City
MUSKEGO
,."".
WI
10. ZI, Cod.
.53150
TO fÌECElVE TAX BltLAT ANOTHER ADDRESS. ,h,,' b"o "'"mp,.Io',,lIon X. p.g.2.
III. PROPERTY TRANSFERRED
12. N.m. o,th. CllylV1I1.,.17,.n
11.1.01"." x Chy V1n.,. T,wn
13. CountyN.mo
~ Ch,,'" .dOl"on~ p.".,..nd IId..n ""'b.i.d'...,...
MUSKEGO WAUKESHA
14. 'h""" 'ro"", Ad"..." R""" Ad..... (""""",)
MARTIN DRIVE
IS. 7" ""'I N,mber"..p"",, on Prope",7" bill ("""""11.")
PART OF MSKC 2197.998 "PART OF MSKC 2172.999
16. Pro"", Dn..,Ip1"" 10.-"".-,101. ","III.. SUI"" ..,(CSM). 0""'" "",...".: II """pI'oo .111 no' III h"...dd att"hment(IO' ',"n,,'.,,)
SEE ATTACHED LEGAL DESCRIPTIONS
.' ~jL""lo. ~ri",~) "". T,."h.,(,ri",~) 17~ Ran,.~""~)
Ch,,' h..." "". 'h" ...10' ;., "oo~"" ,.,.1 '..cr'pI'OO I. m.... an' boond." ""'II.. '""., m." "',h 10,.. ,."'lptlo"", .dO..dUm ("'I""'oIlon.).
IV. COMPUTATION OF FEE OR STATEMENT OF EXEMPTION
18. 70'" va"'" REAt ESTA7E $ Ir.""",, ('0"",., th. 186184.00 'NWHOtE
....... $10')
.
OOttARS
".7ra,,',,""" (linotaU03)
DOUAAS "ENTS
$ x
20. T.eno'" Exom".,
N'mbar. SEC 77.25 (12) 2".11 y'" ..." """" "'IT," ""
. m",.""""ovld."", X
pravl",'oo,m..'..m",.
"'.0"0.' O"g""
L"'Co"",,. X
MOJl1fi OAY "'"
... V.I",' ,ar"", ,rop.", Ir...""" "ut EXCLUOED
',omll"".
$ X
IN WHOLE
DOttARS
.,. V.I,o 0' p"p.", '..m,.
'romloo.'p""""", $
INCLUDED on "" ". X
INWHOtE
DOLLARS
V. TO BE COMPLETED BY AUTHORIZED COUNTY/LOCAL OFFICIAL
... Ooc'man.N'mb" 24. V,.,melJ,,'.. 25. ..,ellm.,. ".DaI.R",,"" 27.DalO"Conv"""
MONTH DAY 'EAR MOJl1fi OAY "'"
... Convey""
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Continued +
:::!J
Wisconsin
Real Estate Transfer Return
VI. TRANSFER
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VII. GRANTEE'S FINANCING
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VIII. PHYSICAL DESCRIPTION AND GRANTEE'S PRIMARY USE OF PROPERTY
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IX. ENERGY
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. X. CERTIFICATION-We declere under penalty of law, this return hes been examined by us and to the best of our knowledge and belief itis true, correct and complete.
53. A"""" 54. A,."., Nam' [""" iov,..." ",,) 55. T"op""," Nvmber
a""lor
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,... S.." 110m,. PO eox." ,'h" .".." (..,or 'PO eox" and box ""mber) "',",000'
... Stall 53. ZlpC<ld.
61. T..,hon. Number
262-548-1340 . ARENZ MOLTER MACY & RIFFLE 8C
"""OODE
SEND TAX BILL TO: ... _.
53. St,..."RroNumbo,.II'11J
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55. Stat, ... ZI, Ced.
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JANESVILLE ROAD 870 W16050
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MU8KEGO
n. Oat'"
".Stall 70. ZlpC",
53150
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n. D..", 75. T"..h...Number'
'0"," DAY Yoo AA,",OODE
73. SI""", 01 a"""" a,,"of. A"" IPLEASE ATIEMPT TO KEEP SIGNATURE WITHIN eOX)
262-679-4100 . NON11I DAY YEAA AA,",ooDE
1ti. S""'u" 01 Gra"" o,Gr""..', A,o'" (PLEASE ATIEUPTTO KEEP S'GNATUR' WI?NIU BOX)
~ :::U
@ 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
11O4459 &. 1104455 (the Property) issued by Chicago Titlè Insurance Company (the Company), or partner, officer or
member of the Owner with authority to make the representations below.
.
(Complete one)
x
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 cOI1tract 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 fram 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 day of
OWNER Subscribed and sworn to before me this
day of (year).
.. ~ ALVIN C. BASSE'
XJffi: Notary Public, Waukesha County, Wisconsin
My commission ( expires) (is
',okaff8/98 permanent):
@ ClllCAGO TITLE INSURANCE COMPANY
Affidavit as to Broker Lien Rights
The undersigned, being duly sworn, deposes and says:
.
That I am the~urchaser (the Owner) of property further described in commitment to insure number
11O4459 & 1104455 (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)
x 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 comnrission 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 comm;ss;on 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 wllI 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 day of
~ PURCHASER
CITY OF MUSKEGO
By:
Its: Mark A. Slocomb, Mayor
Subscribed and sworn to before me this
day of (year).
Notary Public, Waukesha County, Wisconsin
My commission (expires) (is