CCR2004056COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #056-2004
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OFFER TO PURCHASE - EWALD-ENGEL
(Conservation Purposes)
BE IT RESOLVED That the Common Council of the City of Muskego does hereby
authorize the execution of the attached Offer to Purchase for the Ewald-Engel property
for conservation purposes contingent upon receipt of final closure letter from the
Wisconsin Department of Natural Resources acceptable to the Mayor, updated
evidence of title acceptable to the Mayor and all other terms and conditions acceptable
to the Mayor in consultation with the City Attorney.
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.
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DATED THIS 13th DAY OF April ,2004.
SPONSORED BY:
Mayor Mark A. Slocomb
This is to certify that this is a true and accurate copy of Resolution #056-2004 which
was adopted by the Common Council of the City of Muskego.
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Approved by the Wisconsin Department of Regulation and licensing
7-1-99 (Optional Use Date)
1-1-00 (Mandatory Use Date) L WB-12 FARM OFFER TO PURCHASE I
Wisconsin Legal Blank Co., Inc.
Milwaukee, Wis.
Page 1 of 6
1
2~TheBuyer, CITY OF MUSKEGO,
.
a ~isconsin Corporation,
- 3thePropertydescribedas: see attached legal descrlptlon
4
5 IINSERT OR ATTACH PROPERTY DESCRIPTIONlonthefoliowinaterms:
6.PURCHASEPRICE:~'1'f"'Ii-:::I1 ~"'~lrrn:::l<::p prirp nr ~!n1 !:;('In ('10 ;nC'll]òin~ $17,148.15 for-
7approximately 2.75 acres around the house and the remaini~0$854,351.85 for the *þe10~.
8. EARNEST MONEY of $ n/a accompanies this Offer and earnest money of $ n/a
9 will be paid within n/a days of acceptance. *remainder of the property.
10. THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent at closing unless otherwise provided below.
11. 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 223 - 235 and as may be on the Property on the date of this Offer, unless excluded at lines
13 16 - 17, and the following additional items: none
14
15
16. ITEMS NOT INCLUDED IN THE PURCHASE PRICE: none
, offers to purchase
17
18 . .
191'ÀCCEPTA~ Acceptance occurs when all Buyers and Sellers have signed an identical copy of the Offer, including signatures on
20 separate but identical copies of the Offer. CAUTION: Deadlines in the Offer are commonly calculated from acceptance. Consider
21 whether short term deadlines running from acceptance provide adequate time for both binding acceptance and performance.
221 BINDING ACCEPTANCE ~ This Offer is binding upon both Parties only if a copy of the accepted Offer is delivered to Buyer on or before
23 . CAUTION: This Offer may be withdrawn prior to delivery of the accepted Offer.
24 DELIVERY OF DOCUMENTS AND WRITTEN NOTICES Unless otherwise stated in this Offer, delivery of documents and written notices
25 to a Party shall be effective only when accomplished by one of the methods specified at lines 26 - 35.
26 (1) By depositing the document or written notice postage or fees prepaid in the U.S. Mail or fees prepaid or charged to an account with
27 a commercial delivery service, addressed either to the Party or to the Party's recipient for delivery designated at lines 29 or 31 (if any),
28 for delivery to the Party's delivery address at lines 30 or 32.
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9 Seller'srecipientfordelivery (optional): Cheryl A. Mueller, as Personal Representative
30 Seller's delivery address: 9504 W. Hardinq Place, West Allis, WI 53227
31 Buyer'srecipientfordelivery(optional): Mayor Mark A. Slocomb
32 Buyer's delivery address: City of Muskeqo, P.O. Box 749, Muskeqo, WI 53150-0749
33 (2) By giving the document or written notice personally to the Party, or the Party's recipient for delivery if an individual is designated at lines 29 or 31-
34 (3) By fax transmission of the document or written notice to the following telephone number:
35 Buyer: ( 262 ) 679-5630 Seller: (414 ) 777-0140
36 ~ED PROPERil] If Property is currently leased and lease(s) extend beyond closing, Seller shall assign Seller's rights under said
37Iease(s) and transfer all security deposits and prepaid rents thereunder to Buyer at closing. The terms of the (written) (oral) [STRIKE ONEI
38Iease(s),ifany,are No leases affect the property in question.' .
39~AL WEATHERIZATION ~ This transaction (is) (brnJOt) ISTRIKE ONEI exempt from State of Wisconsin Rent~1 Weatherization
40 Standards (Wisconsin Administrative Code, Comm 67). If not exempt, (Buyer) (Seller) I STRIKE ONEI will be responsible for compliance,
41 including all costs. If Seller is responsible for compliance, Seller shall provide a Certificate of Compliance at closing.
421 PLACE OF CLOSING ~ This transaction is to be closed at Muskeqo City Hall
43 nolaterthan' May 6, 2004 , unless another date or place is agreed to in writing.
441 CLOSING PRORATIONS ~ The following hems shall be prorated at closing: real estate taxes, rents, water and sewer use charges,
45 garbage pick-up and other private and municipal charges, property owner's association assessments, fuel, payments under governmental
46 agricultural programs and none .
Any income, taxes or expenses shall accrue
47 to Seller, and be prorated, through the day prior to closing. Net general real estate taxes shall be prorated based on (the net general
48 real estate taxes for the current year, if known, otherwise on the net aeneral real estate taxes forthe preceding year) (
~
.
50 ).1 STRIKE AND COMPLETE AS APPLICABLE I CA UrtON: If Property has not been fully assessed for tax purposes
51 (e.g. recent land division or completed/pending reassessment) or if proration on the basis of net general real estate taxes is
52 not acceptable (for example, changing mill rate, lottery credits), insert estimated annual tax or other formula for proration.
531 PROPERTY CONDITION PROVISIONS ~
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57~~~RlluX~ 58~1
59
50 (a)
61
62 (b)
63 (c)
64 (d)
,.-.; (e)
(f)
b7
68 (g)
69 (h)
70 (I)
710)
72 (k)
73 (I)
74
75 (m)
76
77
78 (n)
79 (0)
80 (p)
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83 (q)
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86 (r)
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88 (s)
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90 (t)
91 (u)
92 (v)
93
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[page '2 of 6, WB-1 ~
anned or commenced public improvements which may result in special assessments or otherwise ma ena y a
or present use of the Property;
compl d or pending reassessment of the Property for p~operty tax pU,rposes;
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governme gency or court order requiring repair, alteration or correction of ~ny eXlstmg condltlo~;
construction 0 modeling on Property for which required state or local permits had not been obtamed;
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any land division I olving the subject Property, for which required state or local approvals had not been obt ed;
violation of applicable te or local smoke detector laws; NOTE: State law requires operating smoke d ctors on all levels of
all residential propertie .
. .
any portion of the Property b' in a 100 year floodplain, a wetland or a shore land zOning area u. er I~cal,. sta.te ?r federal laws,
that a structure on the Property i esignated as a historic building or that any part of Prope sma histone dlstnct;
structural inadequacies which if no aired will significantly shorten the expected nor life of the Property;
mechanical systems inadequate for the sent use of the Property;
insect or animal infestation of the dwellings ted on the Property;
conditions constituting a significant health or s ty hazard for occupants roperty; NOTE: Specific federal lead paint
disclosure requirements must be complied with the sale of most sidential properties built before 1978.
underground or aboveground storage tanks on the Prope for stora f flammable or combustible liquids including but not limited
to gasoline and heating oil which are currently or which were v' sly located on the Property; NOTE: Wis. Adm. Code, Chapter
Comm 10 contains registration and operation rules for nderground and aboveground storage tanks.
material violations of environmental laws or other laws greeme regulating the use of the Property;
high voltage electric (100 KV or greater) or steel na I gas transmissl lines located on but not directly serving the Property;
boundary disputes or material violation of fen aws (Wis. Stats. Chapt 90) which require the erection and maintenance of
legal fences between adjoining properties ere one or both of the prope
.
s is used and occupied for farming or grazing
purposes; See lines 131 -133.
any portion of the Property being s Ject to, or in violation of, a Farmland Preserva' n Agreement under a County Farmland
Preservation Plan or being enro in, or in violation of, a Forest Crop, Woodland Tax, Ma ed Forest, Conservation Reserve or
comparable program;
sites on the Property w re chemicals, pesticides, herbicides, petroleum products or other tOXI r hazardous materials were
disposed of in viola' n of manufacturer's or government guidelines or other laws regulating disposa these materials;
wells on the Pr rty required to be abandoned (Wis. Adm. Code ~ NR 112.26) but which have not been andoned according to
state regul . ns;
cistern septic tanks on the Property which are currently not servicing the Property;
sub ntial damages to crops from weather or other causes, or substantial injuries or illness in livestock, if sold with
lor reimbursement for corrective action costs under the Agricultural Chemical Cleanup Program; ( Wis. Stats. ~ 94.7 .
other conditions or occurrences which would significantly reduce the value of the Property to a reasonable person with know
95. REAL ESTATE CONDITION REPORT: Wisconsin law requires owners of property which includes 1-4 dwelling units to provide buyers
,.-2.5 with a Real Estate Condition Report. Excluded from this requirement are sales of property that has never been inhabited, sales exempt
from the real estate transfer fee, and sales by certain court-appointed fiduciaries, (for example, personal representatives who have never
"d occupied the Property). The form of the Report is found in Wis. Stat. ~ 709.03. The law provides: "709.02 Disclosure. . . the owner
99 of the property shall furnish, not later than 10 days after acceptance of the contract of sale. . . , to the prospective buyer of the property
100 a completed copy of the report. . .
A prospective buyer who does not receive a report within the 10 days may, within 2 business days
101 after the end of that 10 day period, rescind the contract of sale. .. by delivering a written notice of rescission to the owner or the owner's
102 agent." Buyer may also have certain rescission rights if a Real Estate Condition Report disclosing defects is furnished before expiration
103 of the 10 days, but after the Offer is submitted to Seller. Buyer should review the report form or consult with an attorney for additional
104 information regarding these rescission rights.
105. PROPERTY DIMENSIONS AND SURVEYS: Buyer acknowledges that any land, building or room dimensions, or total acreage or
106 building square footage figures, or allocation of acreage provided to Buyer by Seller or by a broker, may be approximate because of
.
107 rounding or other reasons, unless verified by surveyor other means. Buyer also acknowledges that there are various formulas used to
108 calculate total square footage of buildings and that total square footage figures will vary dependent upon the formula used. CAUTION:
109 Buyer should verify total square footage formula, total square footage/acreage figures, land, building or room dimensions, or
110 acreage allocation, if material. Buyer should consider the need for a survey to verify land dimensions and allocations. ,
111 . INSPECTIONS: Seller agrees to allow Buyer's inspectors reasonable access to the Property upon reasonable notice ifthe inspections
112 are reasonably necessary to satisfy the contingencies in this Offer. Buyer agrees to promptly provide copies of all such inspection reports
113 to Seller, and to listing broker if Property is listed. Furthermore, Buyer agrees to promptly restore the Property to its original condition
114 after Buyer's inspections are completed, unless otherwise agreed with Seller. An "inspection" is defined as an observation ofthe Property
115'Which does not include testing of the Property, other than testing for leaking carbon monoxide, or testing for leaking LP gas or natural
116 gas used as a fuel source, which are hereby authorized.
117. TESTI NG: Except as otherwise provided, Seller's authorization for inspections does not authorize Buyer to conduct testing of the Property.
118 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
119 or other analysis of these materials. If Buyer requires testing, testing contingencies must be specifically provided for at lines 180 - 183, 373-
120376 or in an addendum per line 377. Note: Any contingency authorizing such tests should specify the areas of the Property to be tested, the
121 purpose of the test, (e.g., to determine if environmental contamination is present), any limitations on Buyer's testing and any other material
122 terms of the contingency (e.g., Buyer's obligation to return the Property to its original condition). Seller acknowledges that certain inspections
123 or tests may detect environmental pollution which may be required to be reported to the Wisconsin Department of Natural Resources.
124. REVIEW OF RECORDS: CAUTION: If surveys, soil analysis, acreage calculations, government program contracts, operating records
125 (including prior use of pesticides or herbicides), etc. are material to Buyer's decision to purchase, Buyer should consider inserting a
126 contingency for review of these records. See lines 180 - 183, 373 - 376 or use an addendum per line 377.
127. PRE-CLOSING INSPECTION: At a reasonable time, pre-approved by Seller or Seller's agent, within 3 days before closing, Buyer
- shall have the right to inspect the Property to determine that there has been no significant change in the condition of the Property, except
for ordinary wear and tear and changes approved by Buyer, and that any defects Seller has elected to cure have been repaired in a good
130 and workmanlike manner.
1311 FENCES I Wisconsin Statutes section 90.03 requires the owners of adjoining properties to keep and maintain legal fences in equal
132 shares where one or both of the properties is used and occupied for farming or grazing purposes. CAUTION: Consider an agreement
133 addressing responsibility for fences if Property or adjoining land is used and occupied for farming or grazing purposes.
Wisconsin Legal Blaryk Co., Inc.. ,
, 134 P-ROPERTY ADDRESS: See attached legal description [page30f6, WB-12]
,
135 THE PARAGRAPHS AT LINES 137, 144, 149 & 155 ARE A PART OF THIS OFFER IF THE BOXES PRECEDING THOSE PARAGRAPHS
136 ARE MARKED SUCH AS WITH AN "X". THEY ARE NOT PART OF THIS OFFER IF MARKED NIA OR ARE NOT MARKED.
137lñZJ:wELL WATER CONTINGENCY: This Offer is contingent upon (Buyer obtaining)(Selier providing~sTRIKE ONEI no later than-
138 days after acceptance, a current report from a state-approved or other qualified lab which indicates that the well(s) are supplying water
-139 which is bacteriologically safe (of the Coliform group) for all human consumption and that the concentrations of
,40 (Note: If desired, insert other substances which may affect the safety of drinking water such as: nitrates; arsenic;
141 inorganic or organic substances; pesticides; herbicides; radionuclides; metals, etc.) in the well water are less than the maximum health-related
142 level established by federal or state laws regulating public water systems. The party responsible for obtaining the report(s) shall be
143 responsible for all costs. All water samples used for testing shall be taken by a licensed plumber or other independent, qualified person.
144I!ØwELL SYSTEM INSPECTION CONTINGENCY: This Offer is contingent upon (Buyer obtaining)(Selier providing) ISTRIKE ONEI no later
145 than
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days after acceptance, a current report from a licensed well driller, a licensed pump installer, or a master plumber competent
146 to inspect well systems, which indicates that the well(s) and pressure system(s) conform to (the code in effect at the time they were
147 installed) (current code~STRIKE ONEI and are not disapproved for current use. The party responsible for obtaining the report(s) shall be
148 responsible for all costs.
1491!!LfpRIV A TE SANITARY SYSTEM INSPECTION CONTINGENCY: This Offer is contingent upon (Buyer obtaining)(Selier providing)
150ISTRIKE ONEI no later than
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days after acceptance, a current report from a county sanitarian, licensed master plumber, licensed
151 master plumber-restricted sewer, licensed plumber designer, licensed engineer, licensed plumbing inspector II or a certified soils tester,
152 which indicates that the private sanitary system is not disapproved for current use. The private sanitary system is to be pumped at time
153 of inspection at Seller's expense ISTRIKE IF NOT APPLICABLE I. The party responsible for obtaining the report(s) shall be responsible for
154 all costs, other than pumping.
155 ~NSPECTION I EVALUATION CONTINGENCY: This Offer is contingent upon qualified independent experts conducting inspection(s)
156 or evaluation(s) of the Property, and
157 which discloses no defects as defined at lines 162 - 167. These inspections or
158 evaluations may include, but are not limited to, the structure and mechanical systems of all improvements, all operating equipment for both
159 business and personal use (if included in purchase price), the quality and quantity of water produced by wells serving the property, and any
160 environmental conditions on or affecting the Property. Buyer shall order the inspection(s) and evaluation(s) and be responsible for all costs,
161 including any inspections or evaluations as required by lender or as a follow-up to prior inspections and evaluations. Note: This contingency
162 only authorizes inspections, not testing, see lines 111 to 123. A defect is defined as a structural, mechanical or other condition or
163 determination that would have a significant adverse effect on the value of the Property including the operating equipment being purchased as
164 part of the Property; pose a significant threat to the health or safety of persons occupying or working on the Property; significantly shorten or have
-65 a significant adverse effect on the normal life of the Property or a component of it if not repaired, removed or replaced; or evidence of
J6 contamination from the use, storage or disposal of hazardous ortoxic substances on the Property. Defects do not include structural, mechanical
167 or other conditions the nature and extent of which Buyer had actual knowledge or written notice before signing this Offer.
168 . CONTINGENCY SATISFACTION I RIGHT TO CURE: Each contingency selected above (well water, well system, private sanitary
169 system or inspection/evaluation) shall be deemed satisfied unless Buyer, within five days of the earlier of: 1) Buyer's receipt of the
170 applicable water, well, sanitary system or inspectionlevaluation reports(s) or 2) the deadline for delivery of said report(s), delivers to
171 Seller, and listing broker if Property is listed, a copy of the report(s) and a written notice stating why the report(s) do(es) not satisfy the
172 standard set forth in the contingency(ies) selected. Seller (shall) (shall not) ISTRIKE ONE 1 have the right to cure. (Seller shall have a right
173 to cure if no choice is indicated.) If Seller has the right to cure, Seller may satisfy this contingency by (1) delivering a written notice of
174 Seller's election to cure within 10 days of receipt of Buyer's notice; (2) and by curing the defects in a good and workmanlike manner which
175 satisfies the standard set forth in the above-selected contingency and by giving Buyer a report of the work done prior to closing. This
176 Offer shall be null and void if Buyer makes timely delivery of the above notice and report and (1) Seller does not have the right to cure;
177 or (2) Seller has a right to cure but: a) Seller delivers notice that Seller will not cure or b) Seller does not timely deliver the notice of
178 election to cure. A private sanitary system defect may be cured only by repairing the current private sanitary system or by replacing the
179 current private sanitary system with the same type of system which meets the standard stated above, unless otherwise agreed to in writing.
1801 ADDITIONAL PROVISIONSICONTINGENCIES ~ See attached Addendum.
181
182
183
1841 TITLE EVIDENCE ~ personal representp-
185 . CONVEYANCE OF TITLE: Upon payment of the purchase price, Seller shall convey the Property b~ deed (or other tl VE
186 conveyance as provided herein) free and clear of all liens and encumbrances, except: municipal and zoning ordinances and
187 agreements entered under them, recorded easements for the distribution of utility and municipal services, recorded building and use
188 restrictions and covenants, general taxes levied in the year of closing ~nn RlJr'h nt npr 1 i pnR ;:mn pnrlJmnr;:mrPR whi ch
189Buyer may approve prior to closing ("Permitted Emchumbrances")
190 (provided none of the foregoing prohibit present use of the Property), which constitutes merchantable title for purposes of this transaction.
~ Seller further agrees to complete and execute the documents necessary to record the conveyance.
WAR~/,,!G: Municipal and zoning ordinances, recorded building and use restrictions, covenants and easements may prohibit
1:13 certam Improvements or uses and therefore should be reviewed, particularly if Buyer contemplates making improvements to
194 ProPf!rty or a use other thaI! the curre.nt use. If Buyer is considering development of the Property, Buyer should consider
195 restrictions on development If Property IS zoned agricultural. Buyer should consider the need for feasibility studies, estimates for
196 utility and infrastructure installations and zoning variances, which may be required before certain future development may be
197 possible. Contingencies may be added to this Offer to address these development requirements, if applicable.
198. FO I ENCE:
199 s proVI e eVidence of title to the Property in the form of: (
200 (an owner's policy of title insurance in the amount of the purchase price on a current AL T A form issued by
201 an insurer licensed to write title insurance in Wisconsin~"StRIKE ONE I. (Title insurance shall be provided if neither option is struck.)
202. PR . F ERCHANTABLE TITLE: **including gap coverage if available
-1 of providing title evidence. For purposes of closing, title evidence shall be acceptable if the abstract or
commitment for the required title insurance is delivered to Buyer's attorney or Buyer not less than 3 business days before closing, showing
205 title to the Property as of a date no more than 15 days before delivery of such title evidence to be merchantable, subject only to liens
206 which will be paid out of the proceeds of closing and standard abstract certificate limitations or standard title insurance requirements and
207 exceptions, as appropriate. CAUTION: BUYER SHOULD CONSIDER UPDA TlNG THE EFFECTIVE DA TE OF THE ABSTRACTOR TITLE
208 COMMITMENT PRIOR TO CLOSING OR A "GAP ENDORSEMENT" WHICH WOULD INSURE OVER LIENS FILED BETWEEN THE
209 EFFECTIVE DA TE OF THE COMMITMENT AND THE DA TE THE DEED IS RECORDED.
210. TITLE ACCEPTABLE FOR CLOSING:
2111ftitle is not acceptable for closing, Buyer shall notify Seller in writing of objections to title by the time set for closing. In such event, Seller shall
212 have a reasonable time, but not exceeding 15 days, to remove the objections, and the time for closing shall be extended as necessary for this
213 purpose. In the event that Seller is unable to remove said objections, Buyer shall have 5 days from receipt of notice thereof, to deliver written
214 notice waiving the objections, and the time for closing shall be extended accordingly. If Buyer does not waive the objections, this Offer shall be
215 null and void. Providin title evidence acceptable for closing does not extinguish Seller's obligations to give merchantable title to Buyer.
216 SPECIAL ASSESSMENTS
217 Special assessments, if any, for work actually commenced or levied prior to date of this Offer shall be paid by Seller no later than closing.
218 All other special assessments shall be paid by Buyer. CAUTION: Consider a special agreement if area assessments, property owner's
219 association assessments or other expenses are contemplated. "Other expenses" are one-time charges or ongoing use fees for public
220 improvements (other than those resulting in special assessments) relating to curb, gutter, street, sidewalk, sanitary and stormwater and storm
221 sewer (including all sewer mains and hook-up and interceptor charges), parks, street lighting and street trees, and impact fees for other public
222 facilities, as defined in Wis. Stat. 9 66.55(1 )(c) & (t).
223 FIXTURES AND CROPS
224 IX ure IS e me as an item of property which is physically attached to or so closely associated with land and improvements as to
225 be treated as part of the real estate, including, without limitation, physically attached items not easily removable without damage to the
226 premises, items specifically adapted to the premises, and items customarily treated as fixtures, including, but not limited to, all: perennial
227 crops; trees; shrubs; perennial plants; bulbs; screen and storm doors and windows; electric lighting fixtures; window shades; curtain and
228 traverse rods; blinds and shutters; central heating and cooling units and attached equipment; water heaters and softeners; sump pumps;
229 attached or fitted floor coverings; awnings; attached antennas; satellite dishes and component parts; garage door openers and remote
230 controls; installed security systems; central vacuum systems anc: accessories; in-ground and above ground crop irrigation systems and
231 component parts; built-in appliances; ceiling fans; fences and gates; buildings on permanent foundations; docks/piers on permanent
~2 foundations; ventilating fans; barn cleaners; silo unloaders; augers; feeding equipment; bulk coolers; pipeline milking systems; vacuum
lines; vacuum pumps and attached motors; and aboveground and underground fuel tanks. NOTE: The terms of the Offer will determine
-.Å what property is included/excluded. Address rented fixtures (e.g., water softeners), if any. CAUTION: ANNUAL CROPS ARE NOT PART
235 OF THE PURCHASE PRICE UNLESS OTHERWISE AGREED A T LINES 13 - 15.
236/ OCCUPANCY' Occupancy of the entire.Property shall be given to Buyer at time of closing unless otherwise provided in this Offer at lines
237 180 - 183, 373 - 376 or in an addendum per line 377. Occupancy shall be given subject to tenant's rights, if any. Should Seller or Seller's
238 tenant occupy the property after closing or retain ownership of crops (see lines 13 - 15), consider a special agreement regarding occupancy
239 escrow, insurance, utilities, maintenance, responsibility for and rights to unharvested crops, farm operations and government programs, etc.
240 CAUTION: Consider an a reement which addresses res onsibilit for clearing the Property of personal property and debris, if applicable.
241 PROPERTY DAMAGE BETWEEN ACCEPTANCE AND CLOSING
242 Seller shall maintain the Property until the earlier of closing or occupancy of Buyer in materially the same condition as of the date of
243 acceptance of this Offer, except for ordinary wear and tear. If, prior to closing, the Property is damaged in an amount of not more than.
244 five per cent (5%) of the selling price, Seller shall be obligated to repair the Property and restore it to the same condition that it was on
245 the day of this Offer. If the damage shall exceed such sum, Seller shall promptly notify Buyer in writing of the damage and this Offer may
246 be canceled at option of Buyer. Should Buyer elect to carry out this Offer despite such damage, Buyer shall be entitled to the insurance
247 proceeds relating to the damage to the Property, plus a credit towards th6 purchase price equal to the amount of Seller's deductible on
248 such policy. However, if this sale is financed by a land contract or a mortgage to Seller, the insurance proceeds shall be held in trust
249 for the sole ur ose of re::;toring the Property.
250 DELIVERY/~ECEIPT
251 Unless otherwise stated in this Offer, any signed document transmitted by facsimile machine (fax) shall be treated in all manner and
252 respects as an original document and the signature of any Party upon a document transmitted by fax shall be considered an original
253 signature. Personal delivery to, or actual receipt by, any named Buyer or Seller constitutes personal delivery to, or actual receipt by Buyer
254 or Seller. Once received, a notice cannot be withdrawn by the Party delivering the notice without the consent of the Party receiving the
255 notice. A Party may not unifaterally reinstate a contingency after a notice of a contingency waiver has been received by the other Party.
256 The delivery/receipt provisions in this Offer may be modified when appropriate, e.g. when mail delivery is not desirable (see
257 lines 26 - 32). BUyer and Seller authorize the agents of Buyer and Seller to distribute copies of the Offer to Buyer's lender, appraisers, title
258 insurance companies and any other settlement service providers for the transaction as defined by the Real Estate Settlement Procedures Act
259 RESPA.
260 DATES AND DEADLINES
261 . DAYS: Deadlines expressed as a number of "days" from an event, such as acceptance, are calculated by excluding the day the
.,..... event occurred and by counting subsequent calendar days. The deadline expires at midnight on the last day. Deadlines expressed as
a specific number of "business days" exclude Saturdays, Sundays, any legal pUblic holiday under Wisconsin or Federal law, and other
264 day designated by the President such that the postal service does not receive registered mail or make regular deliveries on that day.
265 Deadlines expressed as a specific number of "hours" from the occurrence of an event, such as receipt of a notice, are calculated from
266 the exact time of the event, and by counting 24 hours per calendar day. Deadlines expressed as a specific day of the calendar year or
267 as the day of a specific event, such as closing, expire at midnight of that day.
, ,
\ '" [page 4 of 6, WB-12t
Wisconsin Legal Blank Co.. Inc.
268. DEFAULT [page50f6, WB-12]
269 eller and Buyer each have the legal duty to use good faith and due diligence in completing the terms and conditions of this Offer.
270 A material failure to perform any obligation under this Offer is a default which may subject the defaulting party to liability for
271 damages or other legal remedies.
272 If Buyer defaults, Seller may:
-2.73 (1) sue for specific performance and request the earnest rnoney as partial payrnen.t o~ the purchase price; or
.
4 (2) terminate the Offer and have the option to: (a) request the earnest money as liquidated damages; or (b) direct Broker to
275 return the earnest money and have the option to sue for actual damages.
276 If Seller defaults, Buyer may:
277 (1) sue for specific performance; or
278 (2) terminate the Offer and request the return of the earnest money, sue for actual damages, or both.
279 In addition, the Parties may seek any other remedies available in law or equity.
280 The Parties understand that the availability of any judicial remedy will depend upon the circumstances of the situation and the
281 discretion of the courts. If either Party defaults, the Parties may renegotiate the Offer or seek nonjudicial dispute resolution instead
282 of the remedies outlined above. By agreeing to binding arbitration, the Parties may lose the right to litigate in a court of law those
283 disputes covered by the arbitration agreement. NOTE: I F ACCEPTED, THIS OFFER CAN CREATE A LEGALLY ENFORCEABLE
284CONTRACT. BOTH PARTIES SHOULD READ THIS DOCUMENT CAREFULLY. BROKERS MAY PROVIDE A GENERAL
285 EXPLANATION OF THE PROVISIONS OF THE OFFER BUT ARE PROHIBITED BY LAW FROM GIVING ADVICE OR OPINIONS
2B6CONCERNING YOUR LEGAL RIGHTS UNDER THIS OFFER OR HOW TITLE SHOULD BE TAKEN AT CLOSING. AN
2B7 ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE IS NEEDED.
2BB I EARNEST MONEY' ..' .
2B9. HELD BY: Unless otherwise agreed, eamest money shall be paid to and held In the trust account of the IIstmg broker (buyer's agent
29(] 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.
291 CAUTION: Should persons other than a broker hold earnest money, an escrow agreement should be drafted by the Parties
292 or an attorney. If someone other than Buyer makes payment of earnest money, consider a special disbursement agreement.
293 . DISBURSEMENT: If negotiations do not result in an accepted offer, the eamest rnoney shall be promptly disbursed (after clearance
294 from payor's depository institution if eamest money is paid by check) to the person(s) who paid the eamest money. At closing, eamest
295 money shall be disbursed according to the closing statement. If this Offer does not close, the eamest money shall be disbursed according
296 to a written disbursement agreement signed by all Parties to this Offer (Note: Wis. Adm. Code 9 RL 18.09(1)(b) provides that an offer to
297 purchase is not a written disbursement agreement pursuant to which the broker may disburse). If said disbursement agreement has not
29B been delivered to broker within 60 days after the date set for closing, broker may disburse the eamest money: (1) as directed by an
299 attomey who has reviewed the transaction and does not represent Buyer or Seller; (2) into a court hearing a lawsuit involving the eamest
300 money and all Parties to this Offer; (3) as directed by court order; or (4) any other disbursement required or allowed by law. Broker may
301 retain legal services to direct disbursement per (1) or to file an interpleader action per (2) and broker may deduct from the eamest money
-12 any costs and reasonable attomeys fees, not to exceed $250, prior to disbursement.
J03. LEGAL RIGHTS/ACTION: Broker's disbursement of earnest money does not determine the legal rights of the Parties in relation
304 to this Offer. Buyer's or Seller's legal right to earnest money cannot be determined by broker. At least 30 days prior to
305 disbursement per (1) or (4) above, broker shall send Buyer and Seller notice of the disbursement by certified mail. If Buyer or
306 Seller disagree with broker's proposed disbursement, a lawsuit may be filed to obtain a court order regarding disbursemenL Small
307 Claims Court has jurisdiction over all earnest money disputes arising out of the sale of residential property with 1-4 dwelling units
30B and certain other earnest money disputes. The Buyer and Seller should consider consulting attorneys regarding their legal rights
309 under this Offer in case of a dispute. Both Parties agree to hold the broker harmless from any liability for good faith disbursement
3'10 of earnest money in accordance with this Offer or applicable Department of Regulation and Licensing regulations concerning
311 earnest money. See Wis. Adm. Code Ch. RL 18. NOTE: WISCONSIN LICENSE LAW PROHIBITS A BROKER FROM GIVING
312ADVICE OR OPINIONS CONCERNING THE LEGAL RIGHTS OR OBLIGATIONS OF PARTIES TO A TRANSACTION OR THE
313 LEGAL EFFECT OF A SPECIFIC CONTRACT OR CONVEYANCE. AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE
314 IS REQUIRED.
315 ADDITIONAL FINANCING PROVISIONS
316. N NT A : I this er provides for a land contract both Parties agree to execute a State Bar of Wisconsin Form 11 Land
317 Contract, the terms of which are incorporated into this Offer by reference. Prior to execution of the land contract Seller shall provide
318 the same evidence of merchantable title as required above and written proof, at or before execution, that the total underlying
319 indebtedness, if any, is not in excess of the proposed balance of the land contract, that the payments on the land contract are sufficient
320 to meet all of the obligations of Seller on the underlying indebtedness, and that all creditors whose consent is required have consented
321 to the land contract sale. Seller may terminate this Offer if creditor approval cannot be obtained. Seller may terminate this Offer if
322 Buyer does not provide a written credit reportwhich indicates that Buyeris creditworthy based upon reasonable underwriting standards
323 within 15 days of acceptance. Buyer shall pay all costs of obtaining creditor approval and the credit report. Seller shall be responsible
324 for preparation and the expense of preparation of all closing documentation, including the land contract.
325 FINANCING UNAVAILABILITY: If financing is not available on the terms stated in this Offer (and Buyer has not already delivered
326 an acceptable loan commitment for other financing to Seller), Buyer shall promptly deliver written notice to Seller of same including
327 copies of lender(s)' rejection letter(s) or other evidence of unavailability. Unless a specific loan source is named in the financing
328 contingency, Seller shall then have 10 days to give Buyer written notice of Seller's decision to finance this transaction on the same
329 terms set forth in the financing contingency, and this Offer shaH remain in full force and effect, with the time for closing extended
~ accordingly. If Seller's notice is not timely given, this Offer shall be null and void. Buyer authorizes Seller to obtain any credit
,1 information reasonably appropriate to determine Buyer's credit worthiness for Seller financing.
332 SELLER TERMINATION RIGHTS: If Buyer does not make timely delivery of said commitment, Seller may terminate this Offer
333 if Seller delivers a written notice of termination to Buyer prior to Seller's actual receipt of a copy of Buyer's written loan commitment.
334 NOTE: IF PURCHASE IS CONDITIONED ON BUYER OBTAINING FINANCING FOR OPERA TlONS OR DEVELOPMENT
335 CONSIDER ADDING A CONTINGENCY FOR THA T PURPOSE.
, .'
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' :, ~ '
336 PROPERTY ADDRESS: See attached legal description. [page 6 of 6, WB:12] .
~
337 TIME IS OF THE ESSENCE TIME IS OF THE ESSENCE as to: (1 (2) binding acceptance; (3)
338 occupancy; (4) date of closing; (5) contingency deadlines I STRIKE AS APPLICABLE I and all other dates and deadlines in this Offer
339 except: none .
If "Time
~is of the Essence" 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
:ssence" does not apply to a date or deadline, then performance within a reasonable time of the date or deadline is allowed before a breach
342 occurs. OPTIONAL FINANCING CONTINGENCY: THE CONTINGENCY AT LINES 344 THROUGH 365 IS A PART OF THIS OFFER IF
343 MARKED, SUCH AS WITH AN "X," AT LINE 344. IT IS NOT PART OF THIS OFFER IF IT IS MARKED NIA OR LEFT BLANK.
344~ FINANCING CONTINGENCY: This Offer is contingent upon Buyer being able to obtain: I CHECK APPLICABLE FINANCING BELOW I
345 0 land contract financing from Seller at closing as further described at lines 348 to 365 and 316 to 324.
346 0 a IINSERT LOAN PROGRAM Hfixed)(adjustable)ISTRIKE ONE Irate
347 first mortgage loan commitment as further described at lines 348 to 361 and 325 to 335, within days of acceptance of this Offer.
348 The financing selected shall be in an amount of not less than $ for a term of not less than years,
349 amortized over not less than years. If the purchase price under this Offer is modified, the financed amount, unless otherwise
350 provided, shall be adjusted to the same percentage of the purchase price as in this contingency and the monthly payments shall be
351 adjusted as necessary to maintain the term and amortization stated above.
352 IF FINANCING IS FIXED RATE the annual rate of interest shall not exceed
353 and interest shall not exceed $
354 IF FINANCING IS ADJUSTABLE RATE the initial annual interest rate shall not exceed %. The initial interest rate shall
355 be fixed for months, at which time the interest rate may be increased not more than % per year. The maximum
356 interest rate during the mortgage term shall not exceed %. Initial monthly payments of principal and interest shall not exceed
357 $ .
Monthly payments of principal and interest may be adjusted to reflect interest changes.
358 MONTHLY PAYMENTS MAY ALSO INCLUDE 1/12th ofthe estimated net annual real estate taxes, hazard insurance premiums, and private
359 mortgage insurance premiums. The mortgage may not include a prepayment premium. Buyer agrees to pay a loan fee in an amount not to
360 exceed % of the loan. (Loan fee refers to discount points and/or loan origination fee, but DOES NOT include Buyer's other closing
361 costs.) Note: Unless otherwise agreed, Buyer's delivery of any document labeled a loan commitment will satisfy this contingency.
362 IF FINANCING IS BY LAND CONTRACT $ shall be paid at closing (in addition to eamest money) interest rate following
363 payment default shall be
-
%
, the default period shall be
-
days for payments and
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days for performance of any other obligations.
364 Interest shall be calculated on a prepaid basis. Any amount may be prepaid on principal without penalty at any time. Buyer understands that
~ if the term of the land contract is shorter than the amortization period a balloon payment will be due at the end of the term.
LOAN COMMITMENT: Buyer agrees to pay all customary financing costs (including closing fees), to apply for financing promptly, and
367 to provide evidence of application promptly upon request by Seller. If Buyer qualifies for the financing described in this Offer or other
368 financing acceptable to Buyer, Buyer agrees to deliver to Seller a copy of the written loan commitment no later than the deadline for loan
369 commitment at line 347. Buyer's delivery of a copy of any written loan commitment (even if subject to conditions) shall satisfy
370 the Buyer's financing contingency unless accompanied by a notice of un acceptability. CAUTION: BUYER, BUYER'S LENDER
371 AND AGENTS OF BUYER OR SELLER SHOULD NOT DELIVER A LOAN COMMITMENT TO SELLER WITHOUT BUYER'S PRIOR
372 APPROVAL OR UNLESS ACCOMPANIED BY A NOTICE OF UNACCEPTABILITY.
3731 ADDITIONAL PROVISIONS/CONTINGENCIES ~ See attached Addendum.
374
375
376
377 rn ADDENDA: The attached documents :aJare made part ofthis Offer.
378THIS OFFER, INCLUDING ANY AMENDMENTS TO IT, CONTAINS THE ENTIRE AGREEMENT OF THE BUYER AND SELLER
379 REGARDING THE TRANSACTION. ALL PRIOR NEGOTIATIONS AND DISCUSSIONS HAVE BEEN MERGED INTO THIS OFFER. THIS
380 AGREEMENT BINDS ANn "" IDi=') TO THE BENEFIT OF THE PARTIES TO THIS OFFER AND THEIR SUCCESSORS IN INTEREST
381 This Offerwas drafted on ?_1_0.1 tdate] by [Licensee and firm] Donald Molter ,Jr. ,Arenz,Molter ,Macy & Riffle, sC
;:Tx~;~:í~~!1:;~A.
Slcmnb. Mayor 3~FEIN'
,~/6E.I
.
384 ( )BY:'
' "
. /C" I X
- ,/ O1ß L- / p ," 1\ ,....;"r- & - ó </
385 B1,Wé(' Signature. Print Name here: ~ , er vi ~. Date.
386 EAR'NE:ST MONEY RECEIPT Broker acknowledges receipt of earnest money as per line 8 of the above Offer. (See lines 288 - 314)
386 . Broker (By)
387 SELLER ACCEPTS THIS OFFER. THE WARRANTIES, REPRESENTATIONS AND COVENANTS MADE IN THIS OFFER SURVIVE
388 CLOSING AND THE CONVEYANCE OF THE PROPERTY. SELLER AGREES TO CONVEY THE PROPERTY ON THE TERMS AND
389 r~E!O t~ ~ßIr~~ ~~. D~E,c'D cÐf~I2OPY OF THIS OFFER.
--- ~(X)B "
' ,~ -<07 ~ s-Co-ol(- Sellers Signature. nnt Name Here: ~ Cheryl A. Mueller Personal Social Security No, or FEIN. Date.
- (x) Representative
393 Seller's Signature. Print Name Here: ~ Social Security No, or FEIN.
394 This Offer was presented to Seller by on
395 THIS OFFER IS REJECTED THIS OFFER IS COUNTERED [See attached counter]
395 Seller Initials. Date.
% and monthly payments of principal
Date.
,at- a.m./p.m.
Seller Initials. Date.
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Pi-.RCEL 1:
EXHIBIT 11/1"
The East 7.5 acres of the West 1/2 of the ~ortheast 1/4 of the Southwest 1/4; the
West 1/2 of the Northwest 1/4 of the Southeast 1/4; the East 1/2 of the Northeast 1/4
of the Southwest 1/4 and the East 27.5 acres of the South 1/2 of Northwest 1/4 of
Section 20, all in Town 5 North of Range 20 East in the City of Muskego, County of
Waukesha, State of Wisconsin, excepting 6 acres heretofore sold to William Welch from
the North end of the last described lot.
Also: A 2.5 acre piece of land taken from the Northeast 1/4 of said' Southwest 1/4
described as commencing at a point 5 Chains (330 feet") East of the 'Southwest corner
of the Northeast 1/4 of said 1/4 Section, being the Southeast corner of William
Welch's Lot; thence North,. along the East line of Welch's Lot, 20 Chains (1320 feet)
to the East and West 1/4 line; thence East, on 1/4 line, 1.25 Chains (82.5 feet) to
John Langley's land; thence South, along West line of Langley's land, 20 Chains (1320
feet) to the 1/16 line; thence West, on 1/16 line, 1.25 Chains (82.5 feet) to
commencement..
.
Also: The East 1/2 of the East 1/2 of the Southwest 1/4 of the Northwest 1/4; the
West 12.5 acres of the Southeast 1/4 of the Northwest 1/4 and the Southwest 1/4 of
the Southwest 1/4 of the Northeast 1)4, all. in said Section 20.
Tax Key No. MSKC 2238~992
ADDRESS: 892 W19656 HENNEBERRY DRIVE
PARCEL 2:
That part of the Southeast 1/4 of the Northwest 1/4 of Section 20, Town 5 North,
Range 20 East in the City of Muskego, County of Waukesha, State of Wisconsin, more
particularly described as follows, to-wit:
comme~cing at the Northeast corner of the 1/16th section(or 40), and thence running
West on the 1/16th line, 13 chains and 75 links to the Northwest corner of Langley's
lot; thence South on the West line of said Langley's lot, 4 chains, 37 links; thence
East 13 chains and 75 links to the North and South 1/4 line, dividing said Section;
thence North on said 1/4 line, 4 chains and 37 links to the place of beginning.
Tax Key No. MSKC 2238.~93
PARCEL 3:
The Northwest 1/4 of the Southwest 1/4 of the Northeast 1/4 of Section 20, Town 5
North, Range 20 East,.in the City of Muskego, County of Waukesha, State of Wisconsin.
Tax Key No. MSKC 2237.997
PARCEL 4:
The East 1/2 of the East 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 20
in Town 5, Range 20 East,
EXCEPTING.the Sòuth. one rod, in .the City of Muskego, County of Waukesha, state of
Wisconsin.
Tax Key No. MSKC 2237.995
PARCEL 5:
The West 1/2 of the
Town 5 North, Range
Wisconsin.
EXCEPTING a
the City of
East 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 20,
20 East in the City of Muskego, County of Waukesha, State of
strip of land 1 rod wide along the South end of above described tract in
Muskego, County of Waukesha, State,of Wisconsin.
Tax Key No. 2237.996
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ADDENDUM
This Addendum ("Addendum") is attached to and incorporated by reference into
the Farm Offer to Purchase (the "Offer") executed by the City of Muskego ("Buyer")
and dated May 6,2004, by which Buyer offered to purchase the approximately 140
acres of land at 892 W19656 Henneberry Drive in the City of Muskego, County of
Waukesha, State of Wisconsin, as more particularly described in the attached
Exhibit A (the "Property").
This Offer and this Addendum together shall constitute and be construed as a
single instrument. Accordingly, except as specifically modified by the terms of
this Addendum, the terms of the Offer shall remain in full force and effect; any
terms herein (capitalized or not) that are specifically defined in the Offer shall have
the definitions given to them, respectively, in the Offer; and, in the event any
provision in this Addendum conflicts with or contradicts any provision in the
Offer, then the provision in this Addendum shall control the interpretation of the
Offer and the Addendum together as a single instrument hereinafter referred to as
"this Offer."
This is a cash offer and not subject to financing.
1. Title Review. Seller providing to Buyer within fifteen (15) days of
acceptance, and Buyer reviewing and approving the condition of title in, the
title commitment required hereunder; provided, however, that Buyer may
not object to any condition that is a Permitted Encumbrance. Matters
specifically stated in the Title Commitment and not objected to by Buyer
prior to closing shall become Permitted Encumbrances. If any objection is
made, Seller shall have thirty (30) days thereafter in which to correct the
condition. Buyer shall not be permitted to' reject title as to any matter over
which the Title Company insures or agrees to insure. If the condition of title
is not or cannot be corrected within the thirty (30) day period despite
Seller's efforts, Buyer may, at its option, either (i) declare this Agreement
null and void and all money paid by Buyer shall be returned immediately to
Buyer, or (ii) elect to accept such title as Seller is able to convey and
proceed to closing without adjustment of the Purchase Price. Seller's
inability, after reasonable efforts, to correct any such condition of title shall
not constitute a default by Seller hereunder. If Buyer does not, within ten
(10) days after the expiration of the thirty (30) day period described above
elect either (i) or (ii) above, then Buyer shall be deemed to have elected {ii}.
Buyer shall pay the total title insurance cost and the fee for Chicago Title
Insurance Company handling the closing in the total amount of $1,299.00
directly to Chicago Title Insurance Company.
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,-
.,....,
2. Property Conditions. The Property is being sold "AS IS & WHERE IS" and
SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
OR NATURE REGARDING THE ENVIRONMENTAL OR PHYSICAL
CONDITION OF THE PROPERTY OR THE OPERATIONS CONDUCTED
THEREON. Any warranties or representations of any kind made either
orally or in writing by any agent or representative of Seller or anyone
purporting to be an agent or representative of Seller shall be of no force
and effect unless specifically incorporated in writing in this Offer. Buyer
acknowledges that it does not rely upon any representation or warranty
made by Seller or by Seller's agents and that none have been made, and
Buyer waives any right to any implied warranties as to the physical or
environmental condition of the Property. Buyer specifically acknowledges
and agrees that it is experienced in the purchase, ownership and operation
of similar kinds of properties and that as of closing, it will have carefully and
thoroughly inspected the Property and reviewed its operations and will
have had ample opportunity to do so and accepts the Property in its "as is"
condition without relying on any representations or warranties of Seller or
its agents, except as may be explicitly set forth in writing herein.
As an exception to this paragraph, Seller and Buyer agree that Sigma
Environmental Services, Inc. has supervised certain environmental
clean-up work and other work performed as to this property and
submitted reports to the City concerning the same. The parties agree
that Sigma Environmental Services, Inc. is an independent contractor
and that nothing set forth in this agreement and specifically in this
paragraph shall prohibit the Cityfrom relying on any warranties or
representations of any kind, either oral or written, made by Sigma
Environmental Services, Inc. or any agent or representative of Sigma
Environmental Services, Inc. and Sigma Environmental Services, Inc.
and any agent or representative of Sigma Environm-ental Services,
Inc. are specifically not released from any rights the City may have
against Sigma Environmental Services, Inc.
3. Use Value Penaltv. Seller notifies Buyer, in accordance with Wisconsin
Statute ~74.485 that the Property has been assessed as agricultural land
under Wisconsin Statute ~70.32(2r) and that, to Seller's knowledge, no
penalty has been assessed against, nor has a deferral been granted for, the
Property under Wisconsin Statute ~74.485 for the conversion of the
Property from agricultural land. Buyer and Seller agree that Seller shall not
be liable for any penalty imposed by the Wisconsin Statutes for the
conversion of the Property from agricultural land.
-2-
4. Credit for Cost of Abandoninq Well. Seller agrees to credit Buyer at closing
the sum of $2,000.00 for the costs of abandoning the artesian well located
on the property.
--
5. No Relocation Plan. Seller is aware of the attached determination of the
Wisconsin Department of Commerce and agrees with said determination.
The Seller also agrees that they are entitled to no costs for moving
expenses or costs incurred in selling the property pursuant to said letter.
6. Seller's Execution of Attached Documents. Seller, at Buyer's request, shall
execute the original of all attached documents on or before Closing.
SELLER: BUYER:
THE ESTATE OF ELEANOR ENGEL
a/k/a ELEANOR C. ENGEL, DECEASED
CITY OF MUSKEGO
By: By: :Jll(ai/(ß ~
Mark A. Slocomb, Mayor
-- By: (/A7A U--~~ Æ7"~'~,ý
~..n K~MB;;';;ëi;(k C'/e,,/(
~'II ø /eh5kl'
,-
-3-
\i!.YltV arc'" '<JOt' ......
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P. O. Be)( 1910
Madison. Wlsøonsln 53107
(608) 2M-1018
TOO" (608} 2e.4-8m
hl1p:1iWWW.COI).ImM.UtMe.Wi.1n
~~p JÍI'I\ 01$\ G'ovIImOI'
CoryL. ~StIcr*.t
. .
\tsconsin
Department of Comm~rce
March 18. 2004
Mr. sean E McMullen
Englneerfngl9~ifdlng Inspection
City of Muskego
W182 58200 Racine Avenue
Box 749
Muskego, WI 53150-0149
Re: Purchase of Vacant Land
Engel Estate
Waukesha County
Dear McMutlen~
-
Thank you for the information regarding the above referenced project The information you provided indicates
thaI displacement will not occur as a result tJf the acquisition of thl~ parcel. Therefore, a Relocation Plan under
s. 32.25(1), Stats. is not required.
However, persons who are required to move personal property as a resutt of the acquisition are enijtled to the
reasonable cost of moving such property under s. 32.19(3) Stata, Property owners may also recover certain
costs incurred In selling a property to the agency under s. 32.195 stats.
Please call me at (608) 264--7822 if you have any questions.
Since~.
~L._- /
~
D nnaD.Loewen~;~",va
elocatlon Specialist
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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 WISCON~ STATUTE ~32.06(2a)
Admitted this day of ,2004.
ESTATE OF ELEANORE ENGEL
A/KIA ELEANORE C. ENGEL, DECEASED
By:
.
Cheryl A. Mueller
Personal Representative
-
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NOTICE OF RIGHT TO APPEAL THE
AMOUNT OF COMPENSATION PURSUANT
TO WISCONSIN STATUTE ~32.06(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 ~32.06(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 ,2004.
CITY OF MUSKEGO
-
Mark A. Slocomb, Mayor
ATTEST:
Jean K. Marenda, Clerk
-
Document No.
CERTIFICATE OF
COMPENSATION
- Pursuant to Wisconsin Statute ~32.06(2a), this
Jocument 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:
Estate of Eleanore Engel a/kla Eleanore C.
Engel, Deceased
2. The legal description of the property in which
fee simple title was acquired is as follows:
SEE ATTACHED lEGAL DESCRIPTION
MARKED EXHIBIT "A"
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If recorded, return to:
Attorney Donald S. Molter, Jf.
Arenz, Molter, Macy & Riffle, S.C.
P.O. Box 1348
Waukesha, WI 53187-1348
Tax Key No: MSKC 2238.992,
MSKC 2238.993, MSKC 2237.997,
MSKC 2237.995 & MSKC 2237.996
3.
follows:
The matter of the interest acquired and the compensation for such acquisition is as
The matter of the interest acquired is fee simple title for conservation purposes.
The amount of compensation is $871,500.00.
Dated this day of ,2004.
CITY OF MUSKEGO
ATTEST: Mark A. Slocomb, Mayor
Jean K. Marenda, Clerk
This Instrument Was Drafted by:
Attorney Donald S. Molter, Jr.
ARENZ, MOLTER, MACY & RIFFLE, S.C.
720 N. East Avenue, P.O. Box 1348
VVaukesha, WI 53187-1348
-
CITY SEAL
-
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PARCEL 1:
EXHIBIT . -II"""'JIB ~"'.' .. ""iIf'
'4'
tj
.-
The East 7.5 acres of the West 1/2 of the Northeast 1/4 of the Southwest 1/4; the
West 1/2 of the Northwest 1/4 of the Southeast 1/4; the East 1/2 of the Northeast 1/4
of the Southwest 1/4 and the East 27.5 acres of the South 1/2 of Northwest 1/4 of
Section 20, all in Town 5 North of Range 20 East in the City of Muskego, Couñty of
Waukesha, State of Wisconsin, excepting 6 acres heretofore sold to William Welch from
the North end of the last described lot.
Also: A 2.5 acre piece of land taken from the Northeast 1/4 of said Southwest 1/4
described as commencing at a point 5 Chains (330 feet) East of the -Southwest corner
of the Northeast 1/4 of said 1/4 Section, being the Southeast corner of William'
Welch's Lot; thence North" along the East line of Welch's Lot, 20 Chains (1320 feet)
to the East and West 1/4 line; thence East, on 1/4 line, 1.25 Chains (82.5 feet) to
John Langley's land; thence South, along West line of Langley's land, 20 Chains (1320
feet) to the 1/16 line; thence West, on 1/16 line, 1.25 Chains (82.5 feet) to
commencement.
Also: The East 1/2 of the East 1/2 of the Southwest 1/4 of the Northwest 1/4; the
West 12.5 acres of the Southeast 1/4 of the Northwest 1/4 and the Southwest 1/4 of
the Southwest 1/4 of the Northeast 1/4, all. in said Section 20.
Tax Key No. MSKC 2238~992
ADDRESS: S92 W19656 HENNEBERRY DRIVE
PARCEL 2:
That part of the,Southeast 1/4 of the Northwest 1/4 of Sectiond20, Town 5 North,
Range 20 East in the City of Muskego, County of Waukesha, State of Wisconsin, more
particularly described as follows, to-wit: '
comme~cing at the Northeast corner of the 1/16thsection(or 40), and thence running
West on the 1/16th line, 13 chains ,and 15 links to the Northwest corner of Langley's
lot; thence South on the West line of said Langley's lot, 4 chains, 37 links; thence
East 13 chains and 75 links to the North and South 1/4 line, dividing said Section;
thence North on said 1/4 line, 4 chains and 37 links to the place of beginning.
Tax Key No. MSKC 2238.~93
PARCEL 3:
The Northwest 1/4 of the Southwest 1/4 of the Northeast 1/4 of Section 20, Town 5
North, Range 20 East, in the City of Muskego, County of Waukesha, State of Wisconsin.
Tax Key No. MSKC 2237.997
PARCEL 4:
The East 1/2 of the East 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 20
in Town 5, Range 20 East,
EXCEPTING the South, one rod, in the City of Muskego, County of Waukesha, State of
Wisconsin.
Tax Key No. MSKC 2237.995
PARCEL 5:
The West 1/2 of the
Town 5 North, Range
Wisconsin.
EXCEPTING a
the City of
East 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 20,
20 East in the City of Muskego, County of Waukesha, State of
strip of land 1 rod wide along the South end of above described tract in
Muskego, County'of Waukesha, State,of Wisconsin.
Tax Key No. 2237.996
WAIVER OF APPRAISAl. RECOMMENDATION & APPROVAL
-
Owner: ESTATE OF ELEANORE ENGEL AKA ELEANORE C. ENGEL,
DECEASED
Acquisition of: See Attached Legal Description
Interest Acquired: Fee Simple Title for Conservation Purposes
-
The undersigned owner of land designated as in the attached legal
description, containing approximately 139.76 acres agrees to accept settlement in
the amount of Eight Hundred Seventy-One Thousand Five Hundred and No/100
($871,500.00) Dollars as full payment for the fee simple title stated, subject to the
approval of the City of Muskego.
The undersigned owner has been fully informed of the right to have the
property appraised, and to receive just compensation based upon an appraisal, has
decided to waive the right to an appraisal.
The undersigned owner further states that the decision to waive such right to
an appraisal was made without undue influence or coercive action of any nature.
It is intended that the instrument of conveyance will be executed upon
presentation by the City of Muskego,agents or representatives.
Dated this day of , 2004.
ESTATE OF ELEANORE ENGEL
A/KiA ELEANORE C. ENGEL, DECEASED
By:
Cheryl A. Mueller
Personal Representative
-
-
-
Pi:.RCEL 1:
-
The East 7.5 acres of the West 1/2 of the Northeast 1/4 of the Southwest 1/4; the
West 1/2 of the Northwest 1/4 of the Southeast 1/4; the East 1/2 of the Northeast 1/4
of the Southwest 1/4 and the East 27.5 acres of the South 1/2 of Northwest 1/4 of
Section 20, all in Town 5 North of Range 20 East in the City of Muskego, County of
Waukesha, State of Wisconsin, excepting 6 acres heretofore sold to William Welch from
the North end of the last described lot.
Also: .A 2.5 acre piece of land taken from the Northeast 1/4 of said. Southwest 1/4
described as commencing at a point 5 Chains (330 feet) East of the 'Southwest corner
of the Northeast 1/4 of said 1/4 Section, being the Southeast corner of William'
Welch's Lot; thence North,. along the East line of Welch's Lot, 20 Chains (1320 feet)
to the East and West 1/4 line; thence East, on 1/4 line, 1.25 Chains (82.5 feet) to
John Langley's landi thence South, along West line ot Langley's land, 20 Chains (1320
feet) to the 1/16 line; thence West, on 1/16 line, 1.25 Chains (82.5 feet) to
commencement. .
Also: The East 1/2 of the East 1/2 of the Southwest 1/4 of the Northwest 1/4; the
West 12.5 acres of the Southeast 1/4 of the Northwest 1/4 and the Southwest 1/4 of
the Southwest 1/4 of the Northeast 1/4, all. in said Section 20.
Tax Key No. MSKC 2238~992
ADDRESS: S92 W19656 HENNEBERRY DRIVE
PARCEL 2:
That part of the Southeast 1/4 of the Northwest 1/4 of Section 20, Town 5 North,
Range 20 East in the City of Muskego, County of Waukesha, State of Wisconsin, more
particularly described as follows, to-wit: .
Comme~cingat the Northeast corner of the 1/16th section(or 40), and thence running
West on the 1/16th line, 13 chains .and 75 links to the Northwest corner of Langley's
lot; thence South on the West line of said Langley's lot, 4 chains, 37 links; thence
East 13 chains and 75 links to the North and South 1/4 line, dividing said Section;
thence North on said 1/4 line, 4 chains and 37 links to the place of beginning.
Tax Key No. MSKC 2238.~93
PARCEL 3:
The Northwest 1/4 of the Southwest 1/4 of the Northeast 1/4 of Section 20, Town 5
North, Range 20 East,.in the City of Muskego, County of Waukesha, State of Wisconsin.
Tax Key No. MSKC 2237.997
PARCEL 4:
The East 1/2 of the East 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 20
in Town 5, Range 20 East,
EXCEPTING the South. one rod, in the City of Muskego, County of Waukesha, State of
Wisconsin.
Tax Key No. MSKC 2237.995
PARCEL 5:
The West 1/2 of the
Town 5 North, Range
Wisconsin.
EXCEPTING a
the City of
East 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 20,
20 East in the City of Muskego, County of Waukesha, State of
strip of land 1 rod wide along the South end of above described tract in
Muskego, County of Waukesha, State,of Wisconsin.
Tax Key No. 2237.996
-
WAIVER OF APPEAL RIGHTS AS TO
AMOUNT OF COMPENSATION PURSUANT
TO WISCONSIN STATUTE 32.06
For valuable consideration, hereby acknowledged by the undersigned, I
hereby waive any and all rights that I may have to appeal the award of compensation
made under Wisconsin Statute ~32.06.
Dated this day of ,2004.
ESTATE OF ELEANORE ENGEL
A/KiA ELEANORE C. ENGEL, DECEASED
By:
Cheryl A. Mueller
Personal Representative
-
-
DO':::UMENT NO. STATE BAR OF WISCONSIN FORM 5-1982
PERSONAL REPRESENTATIVE'S DEED
THIS SPACE REsERVED FOR RECORDING DATA
.-
..CHERYL..A.....MUELLERm..n....n.u...mn.........m.n..--..mn..mn..n.....m"'m.
...n.....--....m...m....um.---....n..un....m...mun.u..mm.'...nmm......mmu.....m
.u--.m--n........n...mn.m.mm..m--., as Personal Representative of the estate of
..ELEANOREuENGEL..a/.k/.a...ELEANORR--C.....ENGEL.n..nm......un..m.....m.
.......u....n..m.m.nuu........m...um......n...n..u....n..n"h..m.....--....m.m.--."'"
..n..m..n..m........uu--mm.m--..m.....n.m..u..nnn.......n.n"".' ("Decedent"),
for a valuable consideration conveys, without warranty, to t.henCITYnOF"'h'"
..MUSKEGO.,..a..W-i-SGXmS-i.n..Muni-ci-pal..Corporation.nnn........n.........
..m.m..um--m....mn..m..nm..m....m'hm..u..m...mm..um...n.'Um..--..mmuu
u..--.m........un"u""",um.m....m...u.n....mn..nu........n........m....., Grantee,
the following described real estate in m..mWaukesba...........n..........County,
State of Wisconsin (hereinafter called the "Property") :
SEE ATTACHED LEGAL DESCRIPTION
MARKED EXHIBIT "A"
-
RETURN TO
Donald S. Molter, Jr.
P.O. Box 1348
Waukesha, WI 53187-1348
Tax Parcel No: MSKC 2238...992,...
MSKC 2238.993, MSKC 2237.997,
MSKC 2237.995 and
MSKC 2237.996
Personal Representative by this deed does convey to Grantee all of the estate and interest in the Property which
the Decedent had immediately prior to Decedent's death, and all of the estate and interest in the Property which the
Personal Representative has since acquired.
Dated this '.n...um....m.....u......ummu"'m day of uh....mmm--..mm.......n.m.--.un...m....mmm.,~n2004.
"n.un.n"u',uu""uu'...m--.n"..n..m"'nn--...m (SEAL)
..mmm"'--nmm...n..m....m"humm".u.nm.. Personal Representative
AUTHENTICATION
Signature (s) .mu".U'mn....n,,'u.--..m.m'.....nh.m"u..
"'mmum""nn.mn,u'.mum"""..n"--"""'n.......--m....
authenticated this um.uday ofm.c........mn.un..., 19u....
............n--............n".m......nn........--...n'n........'--"u'
*
'u""""'--"""'.m...u..mm"""'.num...','""",--,,.n,.... TITLE: MEMBER STATE BAR OF WISCONSIN
(If not, mmm.h.n..--U--.mm..m....m...mU"hn.... authorized by ~ 706.06, Wis. Stats.)
- THIS INSTRUMENT WAS DRAFTED BY
..
..~ttQr:n~Y..P.9~9.~9n!?:..!'iC?~.~.~E!..-,!E~..
..............
"'..mun"""""""""".m.................n....n............n..... (Signatures may be authenticated or acknowledged. Böth
are not necessary.)
ESTATE OF ELEANORE ENGEL
a/k/a ELEANORE C. ENGEL, DECEASED
;E}Y.'m. ....u.... ..n..n"'u.......nn...muUU""...u... (SEAL)
. Cheryl A. Mueller
.mmn..m.u....mumnmm..m....nmm.m...mu Personal Representative
ACKNOWLEDGMENT
STATE OF WISCONSIN ! ss.
..Waukeshau..mm.mmmCounty.
Personally came before me. this m...umumday of
...m.m.u.....mu.n...u..umm.,~.O.Q4 the above named ,
..Cheqt"LA.....Muellex....P.ex.$.Q.@JmR'?Rr..~ê~nt~ti ve.
..Ofnt.he.. ES~g~e..9.f..EJ.e.g.D.Qr.~..E.m~L~!t!S!.n
. .Elean.Ore.j;,'uE.o.9.eJ.luJ!.,?Ç~\i.ê~ç]..u..n..... ..n.hm.
. ......nn..............m.' ". ..n""""""'" "u,'m..... """"".n. to me known to be the person m'n...m who executed the
foregoing instrument and acknowledge the same.
""""""""'.""00""""..........................n'......n."",'....
..... .un.', h........ h....'.... m.h.... ........... m'. .....m..... '.m
Notary PuþIi~ ....:.......:w.g.1,1.k~9.b\i.m.....m..County, Wis.
My Comm1ss1on 18 permanent. (If not, state expiration
date: "'.""'...." "'."'...n........................nm' 19n.......)
.Names of persons signing in any capacity should be typed or printed b,low their signstures.
. ....... ..n . -- -.
-
-
PhRC3L 1: ~)(PI"'I"'"
. Lr--'
!J ...
-
The East 7.5 acres of the West 1/2 of the Northeast 1/4 of the Southwest 1/4; the
West 1/2 of the Northwest 1/4 of the Southeast 1/4; the East 1/2 of the Northeast 1/4
of the Southwest 1/4 and the East 27.5 acres of the South 1/2 of Northwest 1/4 of
Section 20, all in Town 5 North of Range 20 East in the City of Muskego, County of
Waukesha, State of Wisconsin, excepting 6 acres heretofore sold to William Welch from
the North end of the last described lot.
Also: 'A 2.5 acre piece of land taken from the Northeast 1/4 of said Southwest 1/4
described as commencing at a point 5 Chains (330 feet) East of the -Southwest corner
of the Northeast 1/4 of said 1/4 Section, being the Southeast corner of William
Welch's Lot; thence North,. along the East line of Welch's Lot, 20 Chains (1320 feet)
to the East and West 1/4 line; thence East, on 1/4 line, 1.25 Chains (82.5 feet) to
John Langley's land; thence South, along West line of' Langley's land, 20 Chains (1320
feet) to the 1/16 line; thence West, on 1/16 line, 1.25 Chains (82.5 feet) to
commencement.
Also: The East 1/2 of the East 1/2 of the southwest 1/4 of the Northwest 1/4; the
West 12.5 acres of the Southeast 1/4 of the Northwest 1/4 and the Southwest 1/4 of
the Southwest 1/4 of the Northeast 1/4, all. in said Section 20.
Tax Key No. MSKC 2238~992
ADDRESS: S92 W19656 HENNEBERRY DRIVE
PARCEL 2:
That part of the Southeast 1/4 of the Northwest 1/4 of Section 20, Town 5 North,
Range 20 East in the City of Muskego, County of Waukesha, State of Wisconsin, more
particularly described as follows, to-wit: .
Comme~cing at the Northeast corner of the 1/16thsection(or 40), and thence running
West on the 1/16th line, 13 chains and 15 links to the Northwest corner of Langley's
lot; thence South on the West line of said Langley's lot, 4 chains, 37 links; thence
East 13 chains and 75 links to the North and South 1/4 line, dividing said Section;
thence North on said 1/4 line, 4 chains and 37 links to the place of beginning.
Tax Key No. MSKC 2238.993
PARCEL 3:
The Northwest 1/4 of the Southwest 1/4 of the Northeast 1/4 of Section 20, Town 5
North, Range 20 East, .in the City of Muskego, County of Waukesha, State of Wisconsin.
Tax Key No. MSKC 2237.997
PARCEL 4:
The East 1/2 of the East 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 20
in Town 5, Range 20 East,
EXCEPTING the South. one rod, in .the City of Muskego, County of Waukesha, State of
Wisconsin.
Tax Key No. MSKC 2237.995
PARCEL 5:
The West 1/2 of the
Town 5 North, Range
Wisconsin.
EXCEPTING a
the City of
East 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 20,
20 East in the City of Muskego, County of Waukesha, State of
strip of land 1 rod wide along the South end of above described tract in
Muskego, County of Waukesha, State,of wisconsin.
Tax Key No. 2237.996
STAPLE
ATTACHMENTS
HERE
Wisconsin
Real Estate Transfer Return - Confidential
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.
-
. GRANTOR (Seller) If more than ONE (1) grantor, check box at left and list on attached addendum. Note: Lines 67.72 must be completed with grantor's address.
Note: For this purpose a married couple is one grantor W same last name (see line 2).
1. Your Last Name or Company Name
ENGEL
2. Your First Name(s) and Middle Inillal(s) - n a married couple. show both~' st mes..and middle initials.
/" .
ELEANORE AKA ELEANORE C r.:: ~
II. GRANTEE (Buyer)
4. Your Lasl Name Or Company Name
If more than ONE (1) grantee, check box at left and list on attached addendum.
Note: For this purpose a married couple is one grantee W same last name (see line 5).
CITY OF MUSKEGO
5. Your First Name(s) and MlddlelnlUa~s) -If a married couple, show both lirst names and middle initials. 6. Social Security Number or FEIN
39-6006023
7. Street or Fire Number, n any 7e. Street Name, PO Box, or Other Address (enter .PO Box" and Box Number)
W182 S8200 RACINE AVENUE
WI
10. Zip Coda
53150
8. City
MUSKEGO
9. Slate
TO RECEIVE TAX BILL AT ANOTHER ADDRESS, check hare and complete Secllon X, pege 2.
III. PROPERTY TRANSFERRED 11. Indicate: x City Village Town
13. County Name
-+ X Check If additional p.cels Ind list on InlChid Iddlndum.
12. Name 01 the City/Village/Town
MUSKEGO WAUKESHA
14. Physical Property Address or Rood Address (descr1>tlon)
-...S92 W19656 HENNEBERRY DRIVE
Tax Plii'cel Number as II sppIIlS on Property Tax bill (SIIlnstructlons)
MSKC 2238.992
16. Property Description: 101- block - plat, Certified Survey Map (CSM), or other dlslgnatlon; It description win not III hili, odd InlCllment (see instructions)
SEE ATTACHED LEGAL DESCRIPTION
171. Section (primary) t7b. Township (primary) 17c. Ringe (primary)
20 5N 20E
ChICk hare If more thin onl lot Ind block, or It legal descrlpllon Is metes and boUndl or cartltlld lurvey mlp'
allach legal description IS en addIndum (I" Instructions).
'
IV. COMPUTATION OF FEE OR STATEMENT OF EXEMPTION
18. Totll ValUI 01 REAL ESTATE
trenslerred (round up 10 thl $ 871500
IN WHOLE
nearest $100) DOLLARS
DOLLARS CENTS
19. Tronsl.l.. due
(line 18 X .003) $ 0
20. Transler Exempllon
Number, SEC 7',:/5 (12) 20a.1f you enler "003" or .017," It Is
mandatory to provldl your X previous document number.
2Gb. Dati 01 Orlglnll
Lond Contract X
MONTH DAY YEAR
21. Value 01 personal property
translerred ';at EXCLUDED
from line 18.
$ 0 IN WHOLE
DOLLARS
22. Vilul 01 property exompl
~~~c;~P::~:Wx $ 0 IN WHOLE
DOLLARS
V. TO BE COMPLETED BY AUTHORIZED COUNTY/LOCAL OFFICIAL
23. Document Number 24. VolumalJackal 25. Pagallmagl 26. Date Recordad 27. Date 01 Conveyance
MONTH OAY YEAR MONTH DAY YEAR
28. Conveyaro:e
Codl
Warrant//
Condo Oeed
Land
Contract
Qun Claim
Deed
Other
(explain) -+
29. County (1) 30. Municipality (1) 31. County (2) 32. Municipality (2)
Check" mora than two (2) municipalI-
ties; If so, reler to Instructions -+ 33. II this. spilt pIIcel?
(see instructions) Yes No
. Entlr number 01 acres lor each
parcal classilication Ind check 1
a preceding box to show
predominant classlllcation.
1 (ResidentiaQ 2 (Commercial) 3 (Manufacturing) 4 (AgricuhuraJ) 5 (Swamp&Waste) 6 (Forest) 7 (Other)
2 5 7
35. Assessment Year :IS. Land 37. Improvomenls . 38. Tobl Asse..manl
lb: PE-500 (R. 1-2000)
$ $ $
Continued -+
dJ
W\s'consin
Real Estate Transfer Return
VI. TRANSFER
39. GrantorlGrantee X None
relationship is:
Fmancial
AI"",. Type 01
Transler
X Sale ~ncludes
original land
contract)
11111111 r ';.
Partnership
CorpJShareholderl
Subsidiary
Family ~
Other +
II Family or Other, explain
I
Exchange
Gift
Oeed in
satislaction 01
land contract
Other
(explain) +
41. Ownership Interest Partial Other
transferred
X Full (explain) (explain) +
Ownership interest translerred may be a lull interest 01 a lull ownership; a lull interest 01 a partial ownership; or other (explain).
42. Does grantor relaln
any 01 the lollowing
rights?
X None
43. Grentor is: X Individual
Partnership
Life
Estate
Other
(explain) + Easement
Corporation
linfted liability
Company
Trust
Other (specify) +
Financial instftution-
Conventional
F...ncial instftution-
Goverrvnent
Obtained lrom
seller
Assumed existing
Iinancing
Other 3rd party
linancing X No linancing
involved VII. GRANTEE'S FINANCING
44. Check boxes lor alilinancing types that apply
45. Type of
Property
VIII. PHYSICAL DESCRIPTION AND GRANTEE'S PRIMARY USE OF PROPERTY
land only
X land and
building(s)
468. Predominant
Use Singlelamily
Commercial
Ulilify
47. Estimated
land area
" condominium,
check here and
proceed to line SO.
Yes
51. Exclusion Code + II W.I',
anach
w- 3 explanation
52. II W.12 provide document number where recorded
Condominium
Other +
(specify)
Mufti-family + No. 01
Units
Agricuftural, ft so, did the
grantor own property lor
less thoo 5 years? + I 46b. Check II Grant..'s I Primary Residence Tme Share Unit Yes
No
X Miscellaneous " any boxes at lell are checked, explain use here +
Manufacturing!
Telephone Company C!TY CONSERVATION
47a. lot Size (ROUND TO NEAREST WHOLE FOOT) 47b. Total Acres 48. IIFUPFCIWTL Acres 49. FHI 01 Water Fronlage
x OR 76 139
FEET FEET ROUND TO TENTH OF AN ACRE ROUND TO NEXT WHOlE ACRE
IX. ENERGY
X No (ft No, provide exclusion code) + x SO. Is this property subJect to Ihe Residential
Renlal Weatherization Standards, C01l1l67?
X. CERTIFICATION-We declare under penalty of law, this return has been examined by us and to the best of our knowledge and belief it is true, correct and complete.
53. Agenllor 54. Agent's Name (" agent involved in sale) 55. Telephone Number
Grantor
Grantee
56. Street or Fire Number, If any
57. City
GO. Preperer's Name or FIrm Name
56a. Streat name, PO Box, or other address (enter .PO Box' and box number) AREA CODE
58. State 59. ZIp Code
61. Telephone Number
ARENZ MOLTER MACY & RIFFLE SC 262-548-1340
AREA CODE
SEND TAX BILL TO: 62. Name
63. Street or Fire Number, II any
64. City
67. Grantor's Street or Fire Number, II any
(
68. City
71. Dated
63a. Street Name, PO Box, or Other Addreas (enter.PO Box' and Box Number)
65. State 66. ZIp Code
67a. Grantor (whera grantor can be reached in the future) Sireet Name, PO Box, or Other Addre.. (enler .PO Box' and Box Number)
69. State 70. ZIp Code
72. Telephone Number 74. Dated 75. Telephone Number
262-679-4100
MONTH AREA CODE DAY YEAR MONTH DAY YEAR AREA CODE
J. Signature 01 Grantor or Grantor's Agent (PLEASE ATIEMPT TO KEEP SIGNATURE WITHIN BOX)
lb
76. Signature 01 Granlee or Grantee's Agent (PLEASE ATIEIIPT TO KEEP SIGNATURE WITHIN BOX)
dJ
-
,
GRANTOR: ESTATE OF ELEANOR ENGEL
GRANTEE: CITY OF MUSKEGO
The East 7.5 acres of the West 1/2 of the Northeast 1/4 of the Southwest 1/4; the
West 1/2 of the Northwest 1/4 of the Southeast 1/4; the East 1/2 of the Northeast 1/4
of the Southwest 1/4 and the East 27.5 acres of the South 1/2 of Northwest 1/4 of
Section 20, all in Town 5 North of Range 20 East in the City of Muskego, Courity of
Waukesha, State of Wisconsin, excepting 6 acres heretofore sold to William Welch from
the North end of the last described lot.
Also: 'A 2.5 acre piece of land taken from the Northeast 1/4 of said' Southwest 1/4
described as commencing at a point 5 Chains (330 feet) East of the 'Southwest corner
of the Northeast 1/4 of said 1/4 Section, being the Southeast corner of William'
Welch's Lot; thence North,. along the East line of Welch's Lot, 20 Chains (1320 feet)
to the East and West 1/4 line; thence East, on 1/4 line, 1.25 Chains (82.5 feet) to
John Langley's land; thence South, along West line ot' Langley's land, 20 Chains (1320
feet) to the 1/16 line; thence West, on 1/16 line, 1.25 Chains (82.5 feet) to
commencement:.
Also: The East 1/2 of the East 1/2 of the Southwest 1/4 of the Northwest 1/4; the
West 12.5 acres of the Southeast 1/4 of the Northwest 1/4 and the Southwest 1/4 of
the Southwest 1/4 of the Northeast 1/4, all, in said Section 20.
PARCEL 1:
Tax Key No. MSKC 2238~992
ADDRESS: S92 W19656 HENNEBERRY DRIVE
PARCEL 2:
-
That part of the Southeast 1/4 of the Northwest 1/4 of Section'20, Town 5 North,
Range 20 East in' the City of Muskego, County of Waukesha, State of Wisconsin, more
particularly described as follows, to-wit: .
Comme~cing'at the Northeast corner of the 1/16thsection{or 40), and thence running
West on the 1/16th line, 13 chains .and 75 links to the Northwest corner of Langley's
lot; thence South on the West line of said Langley's lot, 4 chains, 37 links; thence
East 13 chains and 75 links to the North and South 1/4 line, dividing said Section;
thence North on said 1/4 line, 4 ch~ins and 37 links to the place of beginning.
Tax Key No. MSKC 2238.~93
PARCEL 3:
The Northwest 1(4 of the Southwest 1/4 of the Northeast 1/4 of Section 20, Town 5
North, Range 20 East, .in the City of Muskego, County of Waukesha, State of wisconsin.
Tax Key No. MSKC 2237.997
PARCEL 4:
Th'~ East 1/2 of the East 1/2 of the Southwest 1/4' of \~he Northeast 1/4 of Section 20'
in Town 5, Range 20 East,
EXCEPTING.the Sbuth one rod, in .the City of Muskego, County of Waukesha, State of
wisconsin.
Tax Key No. MSKC 2237.995
PARCEL 5:
-
The West 1/2 of the
Town 5 North, Range
Wisconsin.
EXCEPTING'a
the City of
East 1/2 of the Southwest 1/4 of the Northeast 1/4 of section 20,
20 East in the City of Muskego, County of Waukesha, State of
strip of land 1 rod wide along the South end of above described tract in
Muskego, County' of Waukesha, State,of Wisconsin.
Tax Key No. 2237.996
CHICAGO TITLE INSURANCE COMPANY @
- Construction Work and Tenants Affidavit
1. I am the Owner of the property (the Property) described in commitment number 1117509
issued by CHICAGO TITLE INSURANCE COMPANY
2. Construction work. (Check One Box)
~ Repair or construction work HAS NOT been done on the Property in the past six months.
D Repair or construction work HAS been done on the Property in the past six months. The total dollar amount
of the work is approximately $ . All of the people who supplied labor or material are
listed below. All lien waivers I collected from these people are stapled to this affidavit.
Type of Work Contractor Name Dollar Amount of Work Date Work Completed
3. Tenants. The following tenants and renters occupy the Property. (Check One Box)
~ There are NO tenants.
.- D There are tenants, but all have left the Property or WILL LEAVE as of closing.
D One or more tenants WILL STAY after this sale is closed. Their names are:
I give this affidavit to persuade CHICAGO TITLE INSURANCE COMPANY to issue its policy or policies of
title insurance. I agree to indemnify CHICAGO TITLE INSURANCE COMPANY against loss caused by
inaccuracies or omissions in the above information of which I am a ,vare.
day of , 2004- (year). Dated this
OWNER
ESTATE OF ELEANORE ENGEL
AKA ELEANORE C. ENGEL, DECEASED
Subscribed and sworn to before me this
day of ,2QQ4: lear).
By:
~ Cheryl A. Mueller, Personal Representati vMotary Public, Waukesha County, Wisconsin
-
~ My commission (expires) (is
permanent):
F530C R 4/16/99
form530 4/99
@ 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
001117509 (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, andf or with whom the Owner has a contract for the lease or
management ofthe 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
staten-.ent showing that each broker will be paid at closing.
This affidavit is given to induce the Company to issue its policy or policies of titk insurance. The undersigned
indemnifie r. Chicago Title Insurance Company agains t 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.
day of 2004 Dated this
OWNER
ESTATE OF ELEANORE ENGEL
AKA ELEANORE C. ENGEL, DECEASED
By:
Subscribed and sworn to before me this
day of 2004 year).
-
~ Cheryl A. Mueller, Personal RepresentatNmary Public, Waukesha County, Wisconsin
My commission (expires) (is
brokaff 8/98 permanent):
@ CmCAGO TITLE INSURANCE COMPANY
Mfidavit 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
001117509 (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
T dephone 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 e:'.<:h 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 lnsuf'ance Company against any loss caused by the existence of any inaccurar:ief. 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 2004
OWNER/PURCHASER ,
CITY OF MUSKEGO
Subscribed and sworn to before me this
day of , 2Q04 (year).
- By:
K&: Mark A. Slocomb, Mayor Notary Public, Waukesha County, Wisconsin
My commission (expires) (is
bro,aft 8/98 permanent):
"'-' "'...' "'.... .L"". """" U "L- H- ,-,n""u" I IUL-L-I 'nn LlL-J un", 7" c.oc. ....'-to .JC:~ ~ I'IU. c:."("( ,.....tI~4/(j~4
RECORDING GAP AFFIDAVIT
Commitment No. II (31P93/
;
I -
WHEREAS. the CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation
(Chicago), is about to issue its title insurance policy (the Policy) to the proposed însured(s) shown in the
above-referenced title insurance commitment, insurina against loss by reason of defectS in the title to the
real estate described in the above-referenced commitment to inJure (tho Land);
AND. WHEREAS, Chicaao has made exception for defects, liens. encumbrancei, adverse
claims or othor matters, if any, created, first appearina in the public records or atUtching between the
effective date of the above.referenced title insurance Commitment and the date of recording of the deed
and/oJ' morti..I~ to be lnaurðd [Oap Defect(I)];
AND WHEREAS. Chicaao has been asked to issue the Policy, and may hereafter in the ordinary
course of its business issue tide iniUrance policies or commitments in respect to the Land, or some part
or interest in it (FuNre Policies). removing or insurina against loss by reason of the Gap Defect(s)i
NOW. THEREFORE, in consideration of the issuance of the Policy and/or futUre PplÏcies. the
undersigned depoaes and states:
1.
2.
3.
that he or she is knOwledseablo of the affairs of the owner;
that hð or sbe has no knowlodse of any Gap Defoct(I);
that. if any Gap Defect is tater diBcovered which is an obliaation Or debt of the owner,
the undorsigned shall promptly acknowledge and pay such obligation or debt if notice of
same is presented wbUe the undersianed his authority to act.
-
This affidavit is made to induce Chicago to issue ita PQlicy and FutUre Policies. and the
undersianed acknowledges that Chicago intends to rely on it.
Dated this day of .1998.
Owner:
By:
IIlift-III'"
Addrlu
~ilY Sill.. 'ZIp
-