CCR2003118.
.'
.
AMENDED
COMMON COUNCIL. CITY OF MUSKEGO
RESOLUTION #118.2003
OFFER TO PURCHASE. BENNETT
(Conservation, Park and Recreational Purposes)
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 an
Offer approved by the Mayor for only the vacant portion of the attached Offer to
Purchase for the Bennett property for $87,000 for conservation purposes.
BE IT FURTHER RESOLVED That the Mayor is authorized to make necessary
technical changes, if needed, in consultation with the City Attorney to facilitate timely
execution of the Offer and closing documents.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the Offer to Purchase, and necessary closing documents, upon revision of the
Resolution of Necessity, in the name of the City and to extend the acceptance and/or
closing dates, if necessary.'
DATED THIS DAY OF ,2003.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Rick Petfalski
Ald. Nancy Salentine
Ald. Eric Schroeder
Deferred: 5/13/03,5/27/03
Defeated: 6/10/03
This is to certify that this is a true and accurate copy of Resolution #118-2003 which
was adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
5/03jmb
Approved by the Wi,eon5in Department of Regulation and Licensing Wi'con,in Lagal Siank Co.. Ino,
7.1.99 (Op"onal U.. Dat.) I. I M;Jwaukee. Wi,. 1-1-ûO(MandatoryU,eDate) WB-13 VACANT LAND OFFER TO PURCHASE
Page 1 of 5 .:. 3 offers to purchase the Property known as [Street Address] see attached legal description
4 inthe City of Muskego ,County of Waukesha
5 Wisconsin, (Insert additional description, if any, at lines 179 -187 or attach as an addendum, line 188), on the following terms:
6gPURCHASEPRICE: Eighty-Seven Thousand and NO/lOO----------------------------------------
7 ------------------------------------------------- Dollars ($ 8 7,000.00----------------------).
8 g EARNEST MONEY of $ 0.00---------------- accompanies this Offer and earnest money of $ n/a
g will be paid within n/a days of acceptance.
10 g THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent at closing unless otherwise provided below.
11 g ADDITIONAL ITEMS INCLUDED IN PURCHASE PRICE: Seller shall 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 alline 14,
13 and the following additionai items: None
14 g ITEMS NOT INCLUDED IN THE PURCHASE PRICE: None
15 A "Fixture" is defined as an item of property which is physically attached to or so closely associated with land so as to be treated as part
16 of the real estate, including, without limitation, physically attached items not easily removable without damage to the Property, items
17 specifically adapted to the Property, and items customariiy 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 g ZONING: Sellerrepresentsthatthe Property iszoned
.
20 ~ Acceptance occurs when all Buyers and Sellers have signed an identical copy of the Offer, including signatures on
21 separate but identical copies of the Offer. CAUTION: Deadlines 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 performance.
23 ~ This Offer is binding upon both Parties only if a copy of the accepted Offer is delivered to Buyer on or
24 before . CAUTION: This Offer may be withdrawn prior to delivery of the accepted Offer.
25 DELIVERY OF DOCUMENTS AND WRITTEN NOTICES Unless otherwise stated in this Offer, delivery of documents and wrillen notices
26 to a Party shall be effective oniy when accomplished by one of the methods specified at lines 27 - 36.
71 (1) By depositing the document or written notice postage or fees prepaid in the U.S. Maii or fees prepaid or charged to an account with
828 a commercial delivery service, addressed either to the Party, or to the Party's recipient for delivery designated at lines 30 or 32 (if any),
29 for delivery to the Party's delivery address at lines 31 or 33.
30 Seller's recipient for delivery (optional):
31 Seller's delivery address:S90 W13960 Boxhorn Drive, Muskego, WI 53150
32 Buyer's recipientfordelivery (optional): MaYDa:; Mark A. Slocomb
33 Buyer's delivery address: City of Muskeqo, P.O. Box 749, Muskeqo, WI 53150-0749
34 (2) By giving the document or written notiæ personally to the Party or the Party's recipient for delivery if àn individual is designated at lines 30 or 32.
35 (3) By fax transmission of the document or written notice to the following telephone number:
36 Buyer: (262 ) 679-5630 Seller: ( )
371 OC~CY r 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 be given subjectto tenant's rights, if any. Caution: Consider an agreement
39 which addresses responsibility for clearing the Property of personal property and debris, if applicable.
40 ~ If Property is currenlly leased and lease(s) extend beyond closing, Seller shall assign Seller's rights under said
41Iease(s) and transfer all security deposits and prepaid rents thereunder to Buyer at closing. The terms of the (written) (oral) ~IKE ONEI
42 lease(s),ifany, are No leases, written or oral, affect this property. .
43 ~ This transaction isto be closed atthe Muskego City Hall
44 . no later than ,unless another date or place is agreed to in writing.
45~ The foliowing items shall be prorated at closing: real estate taxes, rents, private and municipal charges,
46 property owner's association assessments, fuel ~
47
. Any income, taxes or expenses shall accrue to Seller, and be prorated, through the day prior to closing.
48 Net general real estate taxes shall be prorated based on (the net general real estate taxes for the current year, if known, otherwise on
49 the net general real estatetaxesforthe preceding year) (
5<) ),ISTRIKE AND COMPLETE AS APPLICABLEI
51 CAUTION: If proration on the basis of net general real estate taxes is not acceptable (for example, completed/pending
52 reassessment, changing mill rate, lottery credits), insert estimated annual tax or other formula for proration.
~ 53 PROPERTY CONDITION PROVISIONS
54 m 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 identified in Seller's Real Estate Condition
56 Report dated 5-1-03
, which was received by Buyer prior to Buyer signing this Offer and which is made a part of this Offer
57 by reference COMPLETE DATE OR STRIKE AS APPLICABLE ~
58 . INSERT CONDITIONS NOT ALREADY INCLUDED IN THE CONDITION REPORT,
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 iocal approvals had not been obtained; '~5 (e) any portion of the Property being in a 100 year fioodplain, a wetland or a shoreland zoning area under local, state or federal laws;
" (f) conditions constituting a significant health or safety hazard 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 68 gasoline and heating oil which are currently or which were previously located on the Property; NOTE: Wis. Adm. Code, Chapter 69 Comm 10 contains regisfration and operation rules for such underground and aboveground storage tanks. '
70 (h) material violations of environmental laws or other laws or agreements regulating the use of the Property; 71 (i) high voltage electric (100 KV or greater) or steel natural gas transmission lines located on but not directly serving the Property; 72 üJ any portion of the Property being subject to, ùr 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 qr comparable program; 74 (k) boundary disputes or material violation of fence laws (Wis. Stats. Chapter 90) which require the erection and maintenance of iegal 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. Code NR 112.26) but which are not abandoned; 77 (m) cisterns or septic tanks on the Property which are currently not servicing the Property;
78 (n) subsoil conditions which would significantiy increase the cost of the development proposed atlines 271-272, if any, including, but not limited 79 to, subsurfàæ foundations, organic or non-organic fill, dumpsites or containers on Property which contained or currentiy contain toxic or 80 hazardous materials, high groundwater, soil conditions (e.g. low load bearing capacity) or exæsslve rocks or rock formations on the Property; 81 to) a lack of legal vehicular access to the Property from public roads; .
82 (p) prior reimbursement for corrective action costs under the Agricultural Chemical Cleanup Program; {Wis. Stats. (;94.73.) 83 (q) other conditions or Occurrences which would signiflcantly increase the cost of the development proposed at lines 271 to 272 or 64 reduce the value of the Property to a reasonable person with knowledge of the nature and scópe of the condition or occurrence. 85" .pROPERTY DIMENSIONS AND SURVEYS: Buyer acknowledges that any land dimensions, total square footage/acreage figures, 86 or allocation of acréage information, provided to Buyer by Seller 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 materfal to Buyer's decision to purchase. 89. ISSUES 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 u~e 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 installatio.n of roads or utilities, environmental audits, subsoil tests, or other development related fees may need 94 to be obtained or verified In order to determine th~ feasibility of development of, or a particular use for, a property. Optional contingencies
95 which 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
. in these contingencies. , .
98. INSPECTIONS: Seller 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 reports to Seller, and to, listing broker if Property is listed. Furthermore, Buyer agrees to promptiy restore the Property to its original
101 condition after Buye~s inspections are compieted, unless otherwise agreed in this Offer. An "inspection" is defined as an observation 102 of the Property which does notinclude testing ofthe Property, other than testing for leaking LP gas or natural gas used as a fuel source, 103 which are hereby authorized.
104. TESTING: Except as otherwise provided, Seller's authorization for inspections does not authorize Buyerto conducttesting ofthe Property. 105 A "test" is defined as the taking of samples of materials such as soils, water, air or building materials from the Property and the laboratory 106 or other analysis of these materials. If Buyerrequires testing, testing contingencies must be specifically provided for at lines 179 - 187 or 107 in an addendum per line 188. Note: Any contingency authorizing testing should specify the areas of the Property to be tested, the purpose 108pf the test, (e.g., to determine if environmental contamination is present), any limitations on Buye~s testing and any other material terms of 109 the contingency (e.g., Buye~s obligation to return the Property to its original condition). Seller acknowledges that certain inspections or tests 110 may detect environmental pollution which may be required to be reported to the Wisconsin Department of Natural Resources. 111 . PRE-CLOSING INSPECTION: At a reasonable time, pre-approved by Seller or Seller's agent, within 3 days before closing, Buyer shall 112 have the right to inspect the Property to determine that there has been no significant change in the condition of the Property, except for 113 changes approved by Buyer.
114" PROPERTY DAMAGE BETWEEN ACCEPTANCE AND CLOSiNG: Seller shall maintain the Property until the eartier of closing or 115 occupancy of Buyer in materially the same condition as of the date of acceptance of this Offer, exceptlor ordinary wear and tear. If, prior 116 to closing, the Property is damaged in an amount of not more than five per cent (5%) of the selling price, Seller shall be obligated to repair 117 the Property and restore it to the same condition that it was on the day of this Offer. If the damage shall exceed such sum, Seller shall 118 promptly notify Buyer in writing of the damage and this Offer may be canceled at option of Buyer. Should Buyer elect to carry out this
119 Offer despite such damage, 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 amount of Selle~s deductible on such policy. However, if this sale is financed by a land contract or a
121 mort a e to Seller, the insurance proceeds shall be held in trust for the sole 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
123 s ares were one or 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 or grazing purposes. 125 DELIVERYIRECEIPT Unless otherwise stated in this Offer, any signed document transmitted by facsimile machine (fax) shall be treated
126 in all manner and respects as an original document and the signature of any Party upon a document transmitted by fax shall be considered A3n original signature. Personal delivery to, or actual receipt by, any named Buyer or Seller constitutes personal delivery to, or actual receipt
-.,y Buyer or Seller. Once received, a notice cannot be withdrawn by the Party delivering the notice without the consent of the Party receiving
129 the notice. A Party may not unilaterally reinstate a contingency after a notice of a contingency waiver has been received by the other Party. 130 The delivery provjsions in this Offer maybe modified when appropriate {e.g., when mail delivery is not desirable (see lines 25 - 36). 131 Buyer and Seller authorize the agents of Buyer and Seller to distribute copies of the Offer to Buye~s lender, appraisers, title insurance companies 132 and any other settlement service providers for the transaction as defined by the Real Estate Settlement Procedures Act (RESPA). . ,
Wlseo"lo Le9al 81aok Co., loc.
133.PROPERTYADDRESS: see attached leqal'description' [page 3 of5,WB-13]
134~"Time is of the Essence" as to: (1)~ (2) binding accept~nce; (3) occupancy; (4)
135 date of closing; (5) contingency deadlines mRIKE AS APPL~ and all other dates and deadlines in this Offer except: None
136 .
.
If 'Time is ofthe Essence"
837 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
138 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 deadline 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 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 ofa notice, are
144 calculated from the exact time of the event, and by counting 24 hours per calendar day. Deadlines expressed as a specific day of the
145 calendar year or as the day of a specific event, such as closing, expire at midnight of that day,
146 THE FINANCING CONTINGENCY PROVISIONS AT LINES 148 -162 ARE A PART OF THIS OFFER IF LINE 148 IS MARKED,
147 SUCH AS WITH AN "X". THEY ARE NOT PART OF THIS OFFER IF LINE 14815 MARKED NIA OR IS NOT MARKED.
148 nzêI FINANCING CONTINGENCY: This Offer is contingent upon Buyer being able to obtain a
.
149 INSERT LOAN PROGRAM OR SOURCE first mortgage loan commitment as described below, within
-
days 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 amortized over not less than years. Initial monthly payments of principal and interest shall not exceed $
152 Monthly payments may also include 1112th of the estimated net annual rea! estate taxes, hazard insurance premiums. and private
153 mortgage insurance premiums, The mortgage may not include a prepayment premium. Buyer agrees to pay a ioan fee not to exceed
154 % of the loan. (Loan fee refers to discount points andlor loan origination fee, but DOES NOT inclUde Buyer's other ciosing
155 costs.) If the purchase price under this Offer is modified, the financed amount, unless otherwise provided, shall be adjusted
155 to the same percentageofthe purchase price as in this contingency and the monthly payments shall be adjusted as necessary to maintain
157 the term and amortization stated above. CHECK AND COMPLETE APPLICABLE FINANCING PROVISION AT LINE 158 OR 159.
158 0 FIXED RATE FINANCING: The annual rate of interest shall not-exceed %.
159 0 ADJUSTABLE RATE FINANCING: The initiai annual interest rate shall not exceed %. The initial interest rate shall
160 be fixed for months, atwhich time the interest rate may be increased not more than % per year. The maximum
161 interest rate during tlÍ'e mortgage term shall not exceed
.
%. Monthly payments of principal and interest may be adjusted
.62 to reflect interest changes.
.
63 LOAN COMMITMENT: Buyer agrees to pay all customary financing costs (including closing fees), to apply for financing promptly, and
164 to provide evidence of application promptly up.on 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 Seller a copy of the written loan commitment no later than the deadline for loan
166 commitment at line 149. Buyer's delivery of a copy of any written loan commitment to Seller (evei1 if subject to conditions) shall
167 satisfy the Buyer's financing contingency unless accompanied by'a 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
169APPROVAL OR UNLESS ACCOMPANIED BY A NOTICE OF UNACCEPTABILITY.
170 SELLER TERMINATION RIGHTS: If Buyer does not make timely delivery of said commitment, Seller may terminate this Offer if Seller
171 delivers a written notice oftermination to Buyer prior to Seller's actual receipt of a copy of Buyer's written loan commitment.
172 FINANCING UNAVAILABILITY: If financing is not available on the terms stated in this Offer (and Buyer has not already delivered an
173 acceptable loan commitment for other financing to Seller), Buyer shall promptly deliver written notice to Seller of same including copies
174 of lender(s)' rejection 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 of Seller's decision to finance this. transaction on the same terms setforth in this Offer aod this
176 Offer shall remain in full force and effeCt, with the time for closing extended accordingly. If Seller's notice is not timely given, this Offer shall
177 be null and void. Buyer authorizes Seller to obtain any credit information reasonably appropriate to determine Buyer's credit worthiness
178 for Seller financing.
179 ADDITIONAL PROVISIONS/CONTINGENCIES
180 t e attac e ocumen S, s a
181 closing.
182
183
184
185
186
187
188 ~ADDENDA: The attached documents
.189~ '
190 .. CONVEYANCE OF TITLE: Upon payment of the purchase price, Seller shall convey the Property by warranty deed (or other
891 conveyance ás provided herein) free and clear of all liens and encumbrances, except: municipal and zoning ordinances and
192 agreements entered under them, recorded easements for the distribution of utility and municipal services, recorded building and use
193 restrictions and covenants, general taxes/evied in the year of closing ;mdc
194
195 (provided none of the foregoing prohibit present use of the Property), which constitutes merchantable title
196 for purposes of this transaction. Seller further agrees to compiete and execute the documents necessary to record the conveyance.
Seller, and any other entity whose name appears on any of
execute the original of the attached documents on or before
XiS/are made part of this Offer.
B *including gap coverage, uyer page40f5, WB-13 197 B FORM OF TITLE EVIDENCE:I~r shall give evidence of title in the form of an owne~s policy of title insurance in the amount of the 198 purchase price on a current AL TA form issued by an insurer licensed to write title insurance in Wisconsir!*CAUTlON: IF TITLE 199 EVIDENCE WILL BE GIVEN BY ABSTRACTdi,7;ß!/!E TITLE INSURANCE PROVISIONS AND INSERT ABSTRACT PROVISIONS.
200. PROVISION OF MERCHANTABLE TITLE:I~Ì1all pay all costs of providing title evidence. For purposes of closing, title evidence
...01 shall be acceptable if the commitment for the required title insurance is delivered to Buyer's attorney or Buyer not less than, 3 business ~2 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 on1y to liéhs which will be paid out of the proceeds of closing and standard title insurance requirements and 204 exceptions, as appropriate. CAUTION: BUYER SHOULD CONSIDER UPDA TlNG THE EFFECTIVE DATE 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. 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 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 fcr clcsing 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 obje'ctions, 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 Selle~s obligations to give merchantable title to Buyer.
, 213. SPECIAL ASSESSMENTS: Special assessments, if any, for work actually commenced or levied prior to date of this qffer shall be 214 paid by ßeller no later than, closing. All other special assessments shall be paid by Buyer. CAUTION: Consider a special agreement 215 ifar,!a a'sSè$Sml)nts, propè"rtýòwí(éÍ"Sás~ôciationi'ssessmenti; orotherexpenses are contemplated. 'Otherexpènses" are one- 216 time charges or ong'oing Üse fees for Imblic improvements (other than those resulting in 'special assessments) relating to curb,.gutter, 217 street, sidewalk, sanitary and stormwater and storm sewer (including all sewer ma,ins and hook-up and intercept9rcharges), parks, street 218 Ii htin ,and,street trees, ,md impact fees for other public faciiities"as defined in Wis, Stat, S 66.55(1 )(c) &.(1). " " "
219 ENTIRE CONTRACT This Offer, including any amendments to it, contains the entire agreementof 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 terms and conditions of this Offer. A
224 material failure to perform any' obligation under this Offer is a default which may subject ihe defaulting party to liability for damages 'or 225 other legál. remedies. ' ", 226 If Buver defaults,: Seller may: ,., "
227 (1) süe for specific pérformance and ré'quest the ":;1rnèst money as partial payment,of the purtha~e prièe; .or ",
" ': '
, 228 (2) terminate the Offer and have the option to: (a) reqU~~t the earnes! n-ioney ,as liquldáted damages;o[ (b) direct Broker to return 229 the e'arnest money am;! have the opt/,on to sue'tÓr adual damages. '
230 If Seller defaults, Buyer may:
.
,
8i.1 (1 r sUe for specific performance; or ~ (2) terminate the Off(\r"and request the ret~m 9f the earf!est money, sue Jor actual damages, or both"
233 In addltiòn, the Parties' may seek any other remeçies available in law or equity.
, 234 The Parties understand that the' avaÍlability of 'any judicial reJ1Íédy will depend upon the circumstances of the situation and the 235 discretion of the courts.. If either Party defaults, the'Parties may renegotiate the Offer or seek nonjudicial dispùte resolutioninste'ad 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 arbitration agreement. '
". '
'. 238 NOTE: IF ACCEPTED, THIS OFFER CAN CREAT!: A LEGALLY ENFORCEABLE CONTRACT. BOTH PARTIES SHOULD READ
239 THIS DOCUMENT CAREFULLY. BROKERS MAY PROVIDE A GENERAL EXPLANATION OF THE PROVISIONS OFTHE OFFER BUT
240 ARE PROHIBITED BY LÁw 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 othelWise agreed, earnest money shall be paiç 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 othelWise disbursed as provided in the Offer. 245 CAUTION: Should persons other than a broker holrJ earnest money, an escrow agreement should be drafted by the Parties 246 or an attorney. If someone other than Buyer makes payment of earnest money, consider a special disbursement agreement. 247 . DISBURSEMENT: If negotiations do not result in an accepted offer, the earnest money shall be promptly disbursed (after ciearance 248 from payo~s depository institution if earnest money is paid by check) to the person(s) whò paid the earnest money. At closing, earnest 249 money shall be disbursed according to the closing statement. Ilthis Offer does liot close, the earnest money shall be disbursed according 250 to a written disbursement agreement signed by all Parties to this Offer (Note: Wis. Adm, Code S 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 not been delivered to broker within 60 days after the date set for closing, broker may disburse the earnest money: (1) as directed by 253 an attorney who has reviewed the transaction and does not represent Buyer or Seller; (2) into a court hearing a lawsuit involving the 254 earnest money and all Parties to this Offer; (3) as directed by court order; or (4) any other disbursement required or allowed by law. 255 Broker may retain legal services to direct disbursement per (1) or to file 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: Broker's disbursement of earnest money does not determine the legal rights of the Parties in relation to this 258 Offer. Buye~s or Seller's legal right to earnest money cannot be determined by broker. At least 30 days prior to disbursement per (1)
259 or (4) above, broker shall send Buyer and Seller notice of the disbursement by certified mail. If Buyer or Seller disagree with broke~s 260 proposed disbursement, a lawsuit may be filed to obtain a court order regarding disbursement. Small Claims Court has jurisdiction over 261 all earnest money disputes arising out of the sale of residential property with 1-4 dwelling units and certain other earnest money disputes. .uyer and Seller shouid consider consulting attorneys regarding their legal rights under this Offer in case of a dispute. Both Parties gree to hold the broker harmless from any liability for good faith disbursement of earnest money in accordance with this Offer or 264 applicable Department of Regulation and Licensing regulations concerning earnest money. See Wis. Adm. Code Ch. RL 18. NOTE: 265 WISCONSIN LICENSE LAW 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 A SPECIFIC CONTRACT OR CONVEYANCE. 267 AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE'IS REQUIRED, . "
WI,consln LG9" 81." Co.. 'nc.
266 PROPERTY ADDRESS; see attached legal description [page5of5,WB-13]
269 OPTIONAL PROVISIONS; 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 NIA OR ARE LEFT BLANK.
271 ~ PROPOSED USE CONTINGENCY: Buyer is purchasing the property for the purpose of:
8172 . This Offer is contingent upon Buyer obtaining the following:
273 0 Written evidence at (Buye~s)(Selier's)ISTRIKE ONEI expense from a qualified soils expert thalthe Property is free of any subsoil
274 condition which would make the proposed development impossible or significantly increase the costs of such development.
275 0 Written evidence at (Buye~s )(Selle~s) I STRIKE ONE I expense from a certified soils 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 penmitfor an acceptable private
277 septic system for: [insert proposed use of Property; e.g., three
278 bedroom single family home] meet applicable codes in effect as of the 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 0 Copies at (Buyer's)(Selier's)lsTRIKE 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 0 Permits, approvals and licenses, as appropriate, or the final discretionary action by the granting authority prior to the issuance
285 of such penmits, approvals and licenses at (Buyer's)(Selier's) ISTRIKE ONEI expense for the following items related to the proposed
286 development
,
287 0 Written evidence at (Buyer's)(Selier's) ISTRIKE ONE I expense that the following utility connections are located as follows (e.g.,
288 on the Property, althe lot line across the street, etc.): electricity ; gas ; sewer
289 ; water ; telephone ; other
290 This proposed use contingency shall be deemed satisfied unless Buyer within days of acceptance delivers
291 written notice to Selier specifying those items of this contingency which cannot be satisfied and written evidence substantiating why each
292 specific item included in Buyer's notice cannot be satisfied.
.
293 ~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 acceptanæ, at (Buye~s)(Selle~s) STRIKE ONE expense: The map shall identify t.he legal
295 descñption of the Property, the Property's bOundartes and dimensions, visible encroachments upon the Property, the location of Improvements,
296 ifany, and: .
297 ./STRIKE AND COMPLETE AS APP~ Additional map features
.98 which may be added include, but are not limited to: specifying how currenlthe 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 rtghts-of-way. CAUTION: Consider the cost
300 and the need for map features before selecting them, The map shan show no significant encroachment(s) or any infonmation materiany
301 inconsistent with any prior representations to Buyer. This contingency shan 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 Sener, 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 infonmation materially inconsistent with prtor representations,
304~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 Buyer objects. This Offer shan be null and
309 void upon timely delivery of the above notice and report. CAUTION: A proposed amendment wfll not satisfy this notice requfrelhent
310 Buyer shall order the inspection and be responsibie for an costs of inspection, including any inspections required by lender or follow-up to
311 inspection. Note: This contingency only authorizes inspections, not testing, 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 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. 315ThrisOfferwasdraftedon 6-3-03 [date] by [Licensee and Firm] Atty Don Molter ,Arenz ,Molter ,Macy & Riffle, .SC C TY OF MUSKEGO
316 (x) By:
317 Buye~s Signature' Print Name Here: 'Mark A. Slocomb, Mayor
39-6006023
~FEIN' Date.
318(X) By:
319 Buyer'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 CONDITIONS AS SET FORTH
;i: r,;~I;td~~~N~"YL~r.\IàEtg~!!,IJ\.~ Oß&<fi9ft'tOU\Yfn~FT~ùst Dated October 19, 1999
af.26 Seller's Signature' Print Name Here; 'Richard G; Bennett, Trustee Social Security No. or FEIN'
'W!27(X)BV:
.
328 Selle~sSignature' Print Name Here; 'Lois A. Bennett, Trustee
Date.
Social Security No. or FEIN. Date'
329 This Offer was presented 10 Seller by
330 THIS OFFER IS REJECTED
331 Seller Initials.
on ,at_a.m.lp.m.
Date'
THIS OFFER IS COUNTERED [See attached counter]
Seller Initials. Date.
.
.
.
EXHIBIT "A-I"
Being part of the Southeast y., of the Northeast V. of Sectíon23 and part of the Southwest
y., of the Northwest y., of Section 24, all in Town 5 North, Range 20 East, City of
Muskego, Waukesha County, Wisconsin, bounded and described as follows:
Parcell, of Certified Survey Map No. 8153, as recorded in the Register of Deeds office,
as document no. 2170841, in Volume 71, pages 63-67, of Certified Survey Maps,
Waukesha County, Wisconsin. (See Exhibit "A") Tax-key No. 2254-998-001
Dan Flamini, RLS #2486
1/23/03
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Prepared by City of Muskego
Planning Department
. 01/23/2003
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LEGEND
0 Taxkey #: 2254.998.001
D Property N
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. 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 ~32.06(2a)
Admitted this day of ,2003.
THE RICHARD G. AND LOIS A. BENNETT
LIVING TRUST DATED OCTOBER 19, 1999
By:
Richard G. Bennett, Trustee
. By:
Lois A. Bennett, Trustee
.~
ADMISSION OF SERVICE
Due Service of a Copy of:
CERTIFICATE OF COMPENSATION & NOTICE OF
RIGHT TO APPEAL THE AMOUNT OF COMPENSATION
PURSUANT TO WISCONSI N STATUTE 32.06 2a
Admitted this day of .2003.
TRt CITY NATIONAL BANK
By:
By:
e.
.
.
.
.
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NOTICE OF RIGHT TO APPEAL THE
AMOUNT OF COMPENSATION PURSUANT
TO WISCONSIN STATUTE 332.06(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 recording of said
Certificate, appeal from the amount of compensation therein stated in the manner by
filing a petition with a Judge of the Circuit Court for Waukesha County, Wisconsin for
proceeding to determine the amount of just compensation in accordance with
Wisconsin Statute 332.06(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
Mark A. Slocomb, Mayor
ATTEST:
Jean K. Marenda, Clerk
Document No.
CERTIFICATE OF
COMPENSATION
Pursuant to Wisconsin Statute !332.06(2a), this
document shall be recorded with the Waukesha County
Register of Deeds, Waukesha, Wisconsin.
That the City of Muskego has acquired fee simple
title in the property described below pursuant to ~32.06 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:
The Richard G. and Lois A. Bennett
Living Trust Dated October 19, 1999
Tri City National Bank
2. The legal description of the property in which
fee simple title was acquired is as follows:
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~--------------------------------------- I
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L______------------------------------------
.
Irrecoro,d, return to,
Attorney Donald S. Molter, Ie.
Arenz, Molter, Macy & Riffle, S.C.
P.O. Box 1348
Waukesha, WI 53187-1348
Tax Key No. MSKC 2254-998-001
SEE ATTACHED lEGAL DESCRIPTIONS
MARKED EXHIBIT "A-1" .
The matter of the interest acquired and the compensation for such acquisition is as 3.
follows:
The matter of the interest acquired is fee simple titlè for conservation, park and
recreational purposes.
The amount of compensation is $87,000.00.
,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. EastAvenue, P.O. Box 1348
Waukesha, WI 53187-1348
CITY SEAL
.
.
.
.
EXHIBIT "A-I"
Being part of the Southeast Y, of the Northeast Y4 of Section 23 and part of the Southwest
y, of the Northwest Y, of Section 24, all in Town 5 North, Range 20 East, City of
Muskego, Waukesha County, Wisconsin, bounded and described as follows:
Parcell, of Certified Survey Map No. 8153, as recorded in the Register of Deeds office,
as document no. 2170841, in Volume 71, pages 63-67, of Certified Survey Maps,
Waukesha County, Wisconsin. (See Exhibit "A'?) Tax-key No. 2254-998-001
Dan Flamini, RLS #2486
1/23/03
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2252.999
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LEGEND
, 0 Taxkey #; 2254.999.001
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.
.
WAIVER OF APPRAISAL. RECOMMENDATION & APPROVAL
Owners: The Richard G. & Lois A. Bennett Living Trust Dated October 19, 1999
Acquisition of:
Interest Acquired:
See Attached legal Description Marked Exhibit "A"
Fee Simple Title for conservation, Park & Recreational Purposes
The undersigned owner of land designated as in the attached legal
description, containing approximately acres, agrees to accept settlement in
the amount of $87,000.00 as full payment for the fee simple title stated, subject to the
approval of the City of Muskego.
The undersigned owner having been fully informed of the right to have the
property appraised, and to receive just compensation based upon an appraisal, has
decided to waive the right to an appraisal.
The undersigned owner further states that the decision to waive such right to
an appraisal was made without undue influences or coercive action of any nature.
It is intended that the instrument of conveyance will be executed upon
presentation by the City of Muskego agents or representatives.
Dated this day of , 2003.
THE RICHARD G. AND lOIS A. BENNETT
LIVING TRUST DATED OCTOBER 19, 1999
By:
Richard G. Bennett, Trustee
By:
Lois A. Bennett, Trustee
WAIVER OF APPEAL RIGHTS AS TO
AMOUNT OF COMPENSATION PURSUANT
TO WISCONSIN STATUTE 32.06
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 ~32.06.
Dated this day of , 2003.
THE RICHARD G. AND LOIS A. BENNETT
LIVING TRUST DATED OCTOBER 19, 1999
By:
Richard G. Bennett, Trustee
By:
Lois A. Bennett, Trustee
.
.
.
O=monIN"m'"
STATE BAR OF WISCONSIN FORM I - 1998 J'I WARRANTY DEED
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This Deed, m,d, 'otween THE RICHARD G. AND LOIS A.
TT LIVING TRUST DATED OCTOBER 19, 1999
. Crnn'o,. CITY OF MUSKEGO. a Wisconsin Municipal CorDoration
I
Crnnto,. fo, , J d""lb,d'"I,,""'n I' (Ih, 'P,op"'y'):
SEE ATTAæED LEGAL DESCRIPTION
MARKED EXHIBIT "A-I"
. Crnn",.
v,lu,bl, oonsld",lIon. oonv,y' to Crnn", th, following
Wa1Jkesha County. Slot, ofWi"on,'n I
I R~o""'gArn'
N~, M' R""'n Add""
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Atty Donald S. Molter, Jr.
Arenz,Molter,Macy & Riffle, S.C.
P.O. Box 1348
Waukesha, WI 53187-1348
MSKC 2254.998.001
P",co IdM,""Uon N"m'" 'PINI
Thh is not hom"'"d pmp"ty
(I,) (i, not)
1
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Tog,th" with ,II 'ppu",nant "gh~. till, ,nd In""",.
Crnnto, w,"""" th,' 'h, till, to th, Prop"'y " good. ind,f,~lbl, in fee "mp" 'nd f,ee 'nd <1", of ,noumb"n", ""'pt recorded easements and restrictions and municipal and zonin9 ordinances and real estate taxes in the year of closing.
D,"d th" d,y of
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THE RICHARD G. AND LOIS A. BENNETT
LIVING TRUST DATED' OCTOBER 19, 1999
Bv: (SEAL)
Richard G. Bennett, Trustee
(SEAL)
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(SEAL) By: (SEAL)
. Lois A.. Bennett, Trustee
AUTHENTICATION ACKNOWLEDGMENT
State of Wiseon,in. } ".
County. WAUKESHA.
P"",n,lIy "m, b,fo" m' thi' d,y of
. -. th, ,bo", n,m,d Richard G. Bennett, as Trustee. and
Lois A. Bennett, as Trustee. of the
Richard G. and Lois A. Bennett Livinq
Trust Dated October 19, 1999
:1
'i. i TITLE: MEMBER STATE BAR OF WISCONSIN
f Of not. I ,utho,lZ,d by 3706.06. Wi'. Slot',)
,
'0
m, known to b, 'h, pmon "------ who ,",outed th, fo"golng
instmm'nt ,nd "knowl,dg' 'h, ..m,. I
THIS 'NSTRUMENT WAS DRAFTED BY
Attorney Donald S. Molter, Jr.
No",y Public. S"" of Wi"onsln
My oommi,,'on ;, p"m,n,n'. Of not, ,tot, "'p"'tion d",:
, (S;gn"u", m,y b, ,uth,ntk",d 0' "knowl,d"d, BO'h '" not
, -,) il n""",y.) :1 . N.~~ of ~~"o~ ,1"", 10 ,,; "p.;'" m"" b, 'yp"" p""" b,low ",k "'"'wo, I STATEBAR OF WISCONSIN
EXHIBIT" A -1" .
Being part of the Southeast Y. of the Northeast Y. of Section 23 and part of the Southwest
y. of the Northwest Y. of Section 24, all in Town 5 North, Range 20 East, City of
Muskego, Waukesha County, Wisconsin, bounded and described as follows:
Parcell, of Certified Survey Map No. 8153, as recorded in the Register of Deeds office,
as document no. 2170841, in Volume 71, pages 63-67, of Certified Survey Maps,
Waukesha County, Wisconsin. (See Exhibit "A") Tax-key No. 2254-998-001
Dan Flamini, RLS #2486
1/23/03
.
.
.
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Prepared by City of Muskego
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01/23/2003
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LEGEND
0 Taxkey #: 2254.998.001
0 Property N
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,
. STAPLE
ATTACHMENTS
HERE
Wisconsin
Real Estate Transfer Return - Confidential
""'II~ 11111111111111
To complete see Instructions for Real Estate Transfer Return PE.500A. . . 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) If more Ihan ONE (1) grantor, cheel< box alleft and IIsl on attached addendum. Nole: Lines 67-72 must be completed with grantor's address.
Ho'" For 'h', P""'" a ma"',d oo'pl." '" g,,"or' sam. I"" nomo (se. Une 2). 1. y,", Last Hameo, Compa.y Ham.
THE RICHARD G. AND LØIS A. BENNETI' LIVING TRUST DATED OCTOBER ],9, 1999
2. y,", FI,st Nam~') ..d 'lddl.'.III"I') -II. m,"d,d oo,pl.. ,how bOlh Hß'.,m"..d mid.. ,.mal,. 3. Socia' Soc",IIy N,m'" or FEI"
II. GRANTEE (Buyer)
4. Yo", L.st N,meo, Com,'.y N'm,
If more than ONE (1) grantee, check box at left and IIsl on attached addendum.
HOle; For~', ""'", m,"',d 00"1,,, one g"",,, sam, I"".amo (", Hne St.
CITY OF MUSKEGO
S. y,", FI"I Ham~,)..d 'Iddla I.IIlall') -II, mw"" oo"p'" ,how bo'h fiB'.am"..d mldd!. '.m,". ,. Socia' "'",11y N,mb" or FEIN
39-6006023
7, SI",.., RroN,mbo"lf..y 7a, S'ro" N,m., PO Box, or O'h" Add"" (..I" "PO eox" .nd Box N,mbo,)
W182 S8200 RACINE AVENUE
e. C'Iy g. Sta'o
MUSKEGO WI
10. ZlpCo<I.
53150
TO RECEIVE TAX BILL AT ANOTHER ADDRESS, ,hec' hero e.d complele S"lIon X, p'g' 2.
III. PROPERTY TRANSFERRED
12. Name o'lh. CIIy/VIII,g./7..n
11.Io<I'ca'" x City VlII'g. Town
1~ Coonly N.m.
WAUKESHA
~ Chec' If .ddlllo..1 p."....nd "" an ....h'" "'d..d'm.
MUSKEGO
14. Phy$1c~ Pro,erty Ad"'"," Roa' Ad"ro" (,."",,_.)
BOXHORN DRIVE
15. T'" P,roe' N'm"".. II ."eo" ooP"",nyT", hln(sa. 'nstru,lIo"l
MSKC 2254.998.001
1G. Pro"ny O""'pll'" ',!-hl..,-p"', C,dlll'" S""y M,,(OSM), oro'he, d..t,nsllo.;" d..crJ,lI" w"'eol '" h"., ,dd '."hm,,1 (""ns"'~"ns)
SEE A'l'I'ACHED LEGAL DESCRIPTION
17. ...II..IP"'",) 17b. Townshl, IPrim'~) 17'. R"g. IP"""')
24 5N 20E
Chac' h.ro If moro Ih" 0..101 "d blac'. or If l.g,1 d..""lIon I' m.", "d b,"nd." ,orIlI"" ,"",y m.p' a."h l.g'l ,..",,110' OS" ,dd..',m (a.. """'"09'). '
IV. COMPUTATION OF FEE OR STATEMENT OF EXEMPTION
18. ToI,1 ""'" REAL ESTATE $ ",nsl...'(10"',plolh.
ne"axl$100)
87000 IIiWHOLE
DDLLARS
19. Tran~arl..'..
111..18 >.00')
.OLLAR' "'"'
$ 0
20. Trans!erE>"mplI"
N,mher, SECn.25 (12) 'O,.lfy.. "","003"0,"017," II I,
m,,'a'ory 10 prov'da y,"' X
p,OYI..a dac,m..1 nvmbo,.
2Oh.Dal.oIDdg,..1
L..d Con"'~ X
MONTH DAV """
21. VaI"",er"nalplO,edY
'rans'."", b,l EXCLUDEO
Iromll..18.
$ X
IN WIfDLE
DDLLARS
22. V"...I ,ro,.ny "em"
Irom'ocalplO",I"", $ X 'NCLUDEO oollno 18.
IN WHDLE
DOLLABS
V. TO BE COMPLETED BY AUTHORIZED COUNTY/LOCAL OFFICIAL
23. D"'m..' ",m6" 24. VolUme/J,,'" 25. "gollm.g. 26. Dal. Reco,d., 27. D". 01 Coo"y....
MONTH DAY YEAR MONTH DAY YEAR
28. COOYay....
Co<I.
W"""M
Co.OoD.",
L",d
CO"""
Q"IClalm
D..,
Olh"
I"",I'I.)~
29. Co..Iy(1) 3D. M""'ppllly(1) 31. C...1y(2) 32. "",I,,1I1y(2)
Ch..' If mor, 'h,n Iw. I') m..I",,", 110" If so. rolar '0 ,,",",lIons
~ 33. 'sthl""llIp"cel7
(,..lns'ru,IIon,) y"
34. E.", nomber 0' ",.. loreach 1 (R..lde""Q
p"cel"..,III"lIoo..d,h.., 1
a ,""dI.g hax to ,how
prod'm'na."I""""II".
3S. As'..'m..IY", 36. La.,
'(Co<.m,"'o1) 3 (M",r"',ring) 4IAgric,II""Q s (Sw..,&W..,.) S(Fore,') 7100'<j
2 3 4 5 , 7
37.lmp'oy""..', 3S.70',IA""'m,"
$ $ $
Wiscoi1sin
Real Estate Transfer Return
VI. TRANSFER
11111111 "'ml/ll !III
39. G""../G"",, X N", """""h'p's:
,..",,1,'
40. Typ'"
T""""
x s".[",""",
,ri,I",".,'
"".d)
P,"""h'p
Co~JSh".h'Id'"
S,b,'dI,~
If ',m'Iy"o"",e"",. 'om'Iy"
O'h"7
e"""" O"'m
,,'"',ct'oo,'
"""00"'"
Other
I"p"")7
G~
41. Ow","hlp ",.",. X"" P,"I" Oth"
",""'"" ("",,) (."",m) 7
O.."'hl, """" """."ed m.y b" "~II ,,",,",', ,," ow""hlp;, ',"m",,"'" p,rtf" ow","hlp;" OIher ("p'am).
42. ,..""".."",. life Other
,"y ollhe 'o"ow'" X No", e"", e".m,"' I"p'.m) 7
ri,hI"
43. G"",,,s: ..""",
P",."hlp
VII. GRANTEE'S FINANCING
44. Ch"kb" ",..",n.."",iypo"'" apply
Co""",oo
t.rn~.".bi""
Company
X T...,
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"""de] .,'~.,,~
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Obl,'"ed'rom
""er A""""'..o",,
If..."",
OO""'P"1y
,.."", X No'.a"'""
"",','
45. Typ'"
Property
VIII. PHYSICAL DESCRIPTION AND GRANTEE'S PRIMARY USE OF PROPERTY
X. CERTIFICATION-We declare under penalty of law, this retum has been examined by us and to the best of ourknowiedge and belief it is true, correct and compiete.
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EXHIBIT "A -1 " .
Being part of the Southeast Y. of the Northeast V. of Section 23 and part of the Southwest
y. of the Northwest y., of Section 24, all in TOWD 5 North, Range 20 East, City of
Muskego, Waukesha County, Wisconsin, bouncled and described as follows:
,
Parcell, of Certified Survey Map No. 8153, as recorded in the Register of Deeds office,
as document no. 2170841, in Volume 71, pages 63-67, of Certified Survey Maps,
Waukesha County, Wisconsin. (See Exhibit "A") Tax-key No. 2254-998-001
Dan Flarnini, RLS #2486
1/23/03 .
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2254-998-001
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Prepared by City of Muskego
Planning Department
01/23/2003
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?252-999
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Scale: I
2254-998-002
2254-998
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SaXHORN
2255.994-004
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Exhibit A
LEGEND
0 Taxkey #: 2254.996_001
0 Property N
+ Structure
N Right-of-way
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CHICAGO TITLE INSURANCE COMPANY @
.
Construction Work and Tenants Affidavit
1. I am the Owner of the property (the Property) described in commitment number 1150642
issued by CHICAGO TITLE INSURANCE COMPANY
2. Constmction work. (Check One Box)
~ Repair or construction work HAS NOT been done on the Property in the past six months.
0 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. All lien waivers I collected from these people are stapled to this affidavit.
Type of Work Contractor Name Dollar Amonnt of Work Date Work Completed
3. Tenants. The following tenants and renters occupy the Property. (Check One Box)
~ There are NO tenants. .
0 There are tenants, but all have left the Property or WILL LEAVE as of closing.
0 One or more tenants WILL STAY after this sale is 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.
day of (year). Dated this
OWNER
THE RICHARD G. AND LOIS A.
BENNETT LIVING TRUST DATED
OCTOBER 19, 1999
Subscribed and sworn to before me this
day of (year).
By: Richard G. Bennett, Trustee Notary Public, Waukesha County, Wisconsin .
1f?DC My commission (expires) (is
permanent):
F530C R 4/16/99
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@ CHICAGO TITLE INSURANCE COMPANY
Mfidavit 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
001150642 (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 wm 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 sak 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 day of
~RD G. AND LOIS A. BENNETI'
LIVING TRUST DATED OCTOBER 19, 1999
Subscribed and sworn to before me this
day of (year).
By:
Its: Richard G. Bennett, Trustee Notary Public, Waukesha County, Wisconsin
My commission (expires) (is
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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 ~purchaser (the Owner) of property further described in commitment to insure number
001150642 (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 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:
LEASINGjMANAGEMENT BROKER
Name
Address
Telephone number
Amount of commissions owed on this date:
Attached hereto is a waiver of Hen 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 day of
~ PURCHASER Subscribed and sworn to before me this
CITY OF MUSKEGO day of (year). .
By:
Its: Mark A. Slocomb , Mayor Notary Public, Waukesha County, Wisconsin
My commission (expires) (is
(~ CHICAGO TITLE INSURANCE COMPANY
. RECORDING GAP INDEMNITY .
. Commitment No. 1150642
WHEREAS, the CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation
(Chicago), is about to issue its title insurance 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 has made exception for defects, liens,
encumbrances, adverse claims or other matters, if any, created, first
appearing in the puhlic 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 Future policies), removing or insuring against loss by reason of the Gap
Defect (s) ;
.
NOW, THEREFORE, in consideration of the issuance of the Policies 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 which it
may incur by reason thereof, including loss, costs, damages, fees and expenses
incurred in actions brought to enforce this agreement; to defend at
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 against the real
estate; to satisfy or remove such Gap Defect(s) on written demand within
thirty days; and that each and every provision herein shall extend to and be
in force concerning Future Policies.
Dated this day of
FOR CORPORATIONS FOR INDIVIDUALS
THE RICHARD G. AND LOIS A. BENNETI'
LIVING TRUST DATED OCTOBER 19, 1999
Name
(S',M'U")
By
("",.m,,)
Richard G. Bennett, Trustee
(P""'N.m')
P""'N.m,."dTitl, (""",U")
Add,,~ ("'W ,dd,,~;r m<Wi",)
Lois A. Bennett, Trustee
(P,'"'N,m,)
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C'ty
S90 W13960 Boxhorn Drive
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Muskego, WI 53150
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #118-2003
OFFER TO PURCHASE - BENNETT
(Conservation, Park and Recreational Purposes)
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 Bennett property for conservation, park and
recreational purposes.
't
BE IT FURTHER RESOLVED That the Mayor is aut, oriz~~make necessary
execution of the Offer and closing documents. . ;
BE IT FURTHER RESOLVED That the Mayor ~d c\r ~ Treasurer are authorized to
sign the Offer to Purchase, and necessary cl sifng . (1~uments, in the name of the City
and to extend the acceptance and/or closin' date' necessary.
\i
DATED THIS DAY OF (/'3
SPONSORED BY:
FINANCE COMMITTEE
Ald. Rick Petfalski
Ald. Nancy Salentine
Ald. Eric Schroeder
Deferred: 5/13/03.5/27/03
This is to certify that this is a true and accurate copy of Resolution #118-2003 which
was adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
5/03jmb