CCR2004154.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #154-2004
OFFER TO PURCHASE - PAEPKE
(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 Paepke property 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, in the name of the City
and to extend the acceptance and/or closing dates, if necessary.
DATED THIS 9th DAY OF November ,2004.
SPONSORED BY:
Mayor Mark A. Slocomb
Deferred 10/12/2004
This is to certify that this is a true and accurate copy of Resolution #154-2004 which
was adopted by the Common Council of the City of Muskego.
10/04jmb
7-1.99 (Uptlonal Use Date)
1-1-00 (Mandatory Use Date) I WB-13 VACANT LAND OFFER TO PURCHASE \JK~' . --~-Mi~~k;;:\V.~
Page 1 of 5
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21 GENERAL PROVISIONS ITheBuyer, r.T'T'Y OF MUSKFr-.o. a Wisconsin Municipal Corporation
3 offers to purchase the Property known as [Street Address] see attached legal descr i pt i on
4 in the City of Muskego .Countyof Waukesha
8 5 Wisconsin, (Insert additional description, if any, at lines 179 - 187 or attach as an addendum, line 188), on the following terms:
6 . PURCHASE PRICE:
7 ~~~ 8 II EARNEST MONEY of $ 0.00---------------- accompanies this Offer and earnest money of $ n/a
9 will be paid within n/a days of acceptance.
10 II THE BALANCE OF PURCHASE PRICE will be paid in cash or equivalent at closing, unless otherwise provided below.
11 II 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 at line 14,
13 and the following additional items: NODf>
14 iii 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
11 specifically adapted to the Property, and items customarily treated as fixtures including but not limited to all: perennial crops; garden
18 bulbs; plants; shrubs and trees. CAUTION: Annual crops are not included in the purchase price unless otherwise agreed at line 13.
19 . ZONING: Seller represents that the Property is zoned
201 ACCEPTANCE I 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.
231 BINDING ACCEPTANCE' 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.
2s1 DELIVERY OF DOCUMENTS AND WRITTEN NOTICES I Unless otherwise stated in this Offer, delivery of documents and written notices
26 to a Party shall be effective only when accomplished by one of the methods specified at lines 27 - 36.
21 (1) By depositing the document or written notice postage or fees prepaid in the U.S. Mail or fees prepaid or charged to an account with.
28 a commercial 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 recipientfordelivery (optional): Nora Schneider 831 Seller's delivery address: W180 S7997 pioneer Drive. Muskego. WI 53150
32 Buyer's recipientfordelivery (optional): Mëlyor Mël rk A. Sl ~omb
33 Buyer's delivery address: City or Muskeço. P.o. Box 74Q. Muskego. WI 53150-0749
34 (2) By giving the document or written notice personally to the Party or the Party's recipient for deflVery if an 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: ( ?f)? ) f) 7q ")f) ~n Seller: ( )
371 OCCUPANCY I Occupancy of the entire Property shall be given to Buyer at time of closing unless otherwise provided in this Offer (lines
38 179 -187 orin an addendum per line 188). Occupancy shall be given subject to 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 1 LEASED PROPERTY' If Property is currently leased and lease(s) extend beyond dosing; 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) ISTRIKE ONEI
42Iease(s),ifany,are No lPrlC:pc::, l.Tt"itten or oral. affect this property 431 PLACE OF CLOSING ~ This transaction is to be closed at the '
44 no later than
451 CLOSING PRORATIONS'
46
47
48
49 t
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~ 50
51
52 r
531 PROPERTY CONDITION PROVISIONS q
54 II PROPERTY CONDITION REPRESENTATIONS: Seller represents to Buyer that as of the date of acceptance Selle; has no notice
55 or knowledge of conditions affecting the Property or transaction ( . . . ' .
.6 , """., ,
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59 A "condition aHecting the Property or transaction" is defined as foliaws: [page 2 of 5, WB- Î: 60 (a) planned or commenced public impíOvements which may result in special assessments or otherwise materia!/y affect the Prope' 61 or the present use of the Property;
62 (b) completed or pending reassessment of the Property for property tax purposes; 63 (c) government agency or court order requiring repair, alteration or correction of any existing condition; .
64 (d) any land division involving the subject Property, for which required state or local approvals had not been obtained; 65 (e) any portion of the Property being in a 100 year floodplain, a wetland or a shoreland zoning area under loea!, state or federal iaws; 66 (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' 68 gasoline and heating oil which are currently or which were previously located on the Property; NOTE: Wis. Adm. Code, Chapf- 69 Comm 10 contains registration and operation rules for suçh 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 directiy serving the Property; ì2 (j) any portion of the Property being subject to, or in violation of, a Farmland Preservation Agreement under a County Farmland Preservatio 73 Plan or enrolled in, or in violation of, a Forest Crop, Woodland Tax, Managed Forest, Conservation Reserve or romparable program; 74 (k) boundary disputes or material violation of fence laws (Wis. Stats. Chapter 90) which require the erection and maintenance of legé 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 abandone( fi (m) cisterns or septic tanks on the Property which are currently not serviciný the Property; 78 (n) subsoil conditions which would significantly increase the cost of the development proposed at lines 271-272:, if any, includirig, but not limite 79 to, subsurface foundations, organic or non-organic fiJI, dumpsites or containers on Property which contained or culTenUy contain toxic (J 80 hazardous materials, high groundwater, soil conditions (e.g. low load bearing capacity) or exæssive rocks or rock fonnations on !he Proper\) 81 (o) a lack of legal vehicular access to the Property from public roads; .
. 82 (p) pñor reimbursement for corrective action costs under the Agricultural Chemical Cleanup Program; (Wis. Stats. ~94.73.) 83 (q) other conditions or occurrences which would significantly increase the cost of the deve:opment proposed at lines 271 to 272 a 84 reduce the value of the Property to a reasonable person with knowledge of the nature and scope of the condition or occurrence 85. PROPERTY DIMENSIONS AND SURVEYS: Buyer acknowledges that any land dimensions, total square footage/acreage figures 86 or allocation of acreage information, provided to Buyer by Seller or by a broker, may be apPíOximate because of rounding or othe 87 reasons, unless verified by surveyor other means. CAUTION: Buyer should verify land dimensions, total square footage/acreagE 68 figures or allocation of acreage information if material to Buyer's decísion to purchase. 895 ISSUES RELATED TO PROPERTY DEVELOPMENT: WARNING: If Buyer contemplates developing Property or a use other thanlhe 90 current use, there are a variety of issues which should be addressed to ensure the development or new use is feasible. Municipal and zonil1!j 91 ordinances, recorded building and use resbictions, covenants and easements may prohibit certain improvements or uses and therefore shoulc 92 be reviewed. Building permits, zoning vañances. Architectural Control Committee approvals, estimates for utility hook-up expenses, speåa! 93 assessments, charges for installation of roads or utilities, environmental audits, subsoil tests, or other development related fees m.OOd 94 to be obtained or verified in order to determine the feasibility of development of. or a particular use for, a property. Optional conti ies 95 which allow Buyer to investigate certain of these issues can be found at lines 271 - 314 and Buyer may add contingencies as n din 96 addenda (see line 188). Buyer should review any plans for development or use changes to determine what issues should be addressed 97 in these contingencies.
98. INSPECTIONS: Seller agrees to allow Buyer's inspectors reasonable access to the Property upon reasonable notice if the inspections 99 are reasonably necessal}' to satisfy the contingencies in this Offer. Buyer agrees to prompUy provide copies of all such inspection 100 reports to Seller, and to listing broker if Property is listed. Furthermore, Buyer agrees to promptly restore the Property to its oñginal 101 condition after Buyer's inspections are completed, unless otherwise agreed in this Offer. An "inspection- is defined as an observation 102 of the Property which does not include testing of the Property, other than testing for leaking lP gas or natural gas used as a fuel source, 103 which are hereby authorized.
104 E TESTING: Except as otherwise provided, Seller's authorization for inspections does not authoñze Buyer to conduct testing of the Property. IOS A 'estN is defined as the taking of samples of mateñals such as soils, water, air or building mateñals from the Property and the laboratol}' 106 or other analysis of these mateñals. If Buyer requires testing, testing contingenåes must be specifically provided for at lines 179 - 187 or 107 in an addendum per line 188. Note: Any contingency authoñzing testing should specify the areas of the Property to be tested, the purpose 106.of the test, (e.g., 10 determine if environmental contamination is present), any limitations on Buyer's testing and any other mateñal terms of 109 the contingency (e.g., Buyer's obligation to retum the Property to its oñginal 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 ha,!e 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 untii the earlier of closing or lIS occupancy of Buyer in materially the same condition as of the date of acceptance of this Offer, except for ordinary wear and tear. If, prior 116 to dosing, the Property is damaged in an amount of not more tf1an five percent (5%) of the selling price, Seller shall be obligated to repair il7 the Property and restore it to the same condition that it was on the day of this Offer. If the damage shali 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 credit towards 120 the purchase price equal to the amount of Seller'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 purpos. 125. DELIVERY/RECEIPT Unless otherwise stated in this Offer, any signed document transmitted by facsimile machine (fax) shall be d 1261n all manner and respects as an original document and the signature of any Party upon a document transmitted by fax shall be cons ed 127 an original signature. Personal delivery to, or actual receipt by, any named Buyer or Seller constitutes personal delivery to, or actual receipt 128 by 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 provisions in this Offer may be modified whe~ approp.riate (e.g., when mail delivery~~~l desirabl.e (see lines 25 - 3.6). 131 Buyer and Seller authonze the agents of Buyer and Seller to dlstnbute copies of the Offer to Buyer's lender,:tIPP!at$ê""~,,~ns. :ance companies 132 and any other settlement service providers for the transaction as defined by the Real Estate SettJemen~:'.o., UI}. .;;': I. ."
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133 PROPERTY ADDRESS: See attached legal description
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[page30f5, WB-13]
1341 TIME IS OF THE ESSENCE J "Time is of the Essence" as to: {1~; (2 I Dinding acceptance; (3) occupancy; (4)
135 date of closing; (5) contingency deadlines I STRIKE AS APPLICABLE I and all other dates and deadlines in this Offer except: None
136 -
If "Time is ofthe Essence"
137 applies to a date or deadline, failure to perform by the exact date or deadline is a breach of contract. If "Time is of the Essence" does
D8 not apply to a date or deadline, then performance within a reasonable time of the date or deadline is allowed before a breach occurs.
.91 DATES AND DEADLINES ~ Deadlines expressed as a number of "days" from an event, such as acceptance, are calculated by excluding
40 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 number 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 recei~e registered mail or make regular deliveries
143 on that day. Deadlines expressed as a specific number of "hours" from the occurrence of an event, such as receipt of a 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 148 IS MARKED N/A OR IS NOT MARKED.
148 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
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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 1/12th of the estimated net annual real estate taxes, hazard insurance premiums, and private
153 mortgage insurance premiums. The mortgage may not include a prepayment premium. Buyer agrees to pay a loan fee not to exceed
154 % of the loan. (Loan fee refers to discount points and/or loan origination fee, but DOES NOT include Buyer's other closing
155 costs.) If the purchase price under this Offer is modified, the financed amount, unless otherwise provided, shall be adjusted
156 to the same percentage of the 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 initial annual interest rate shall not exceed %. The initial interest rate shall
160 be fixed for months, at which timè the interest rate may be increased not more than % per year. The maximum
161 interest rate during the mortgage term shall not exceed %. Monthly payments of principal and interest may be adjusted
162 to reflect interest changes.
163 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 upon request by Seller. If Buyer qualifies for the financing described in this Offer or other
A>s financing acceptable to Buyer, Buyer agrees to deliver to Seller a cOpy of the W. ritten loan. commitment no later than the deadline for loan ~ commitment at line 149. Buyer's delivery of a copy of any written loan commitment to Seller (even if subject to conditions) shall
167 satisfy the Buyer's financing contingency unless accompanied by a notiCe of unacceptability. CAunON: BUYER. BUYER'S LENDER
168 AND AGENTS OF BUYER OR SELLER SHOULD NOT DELIVER A LOAN COMMITMENT TO SELLER WITHOUT BUYER'S PRIOR
169 APPROVAL OR UNLESS ACCOMPANIED BY A NOTICE OF UNACCEPTABILITY. .
170 SELLER TERMINATION RIGHTS: If Buyer does not make timely delivery of said commitment, Seller may terminate this Offer if Seller
171 d~livers a written notice of termination 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 em
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 1 0 days to give Buyer written notice of Seller's decision to finance this transaction on the same terms set forth in this Offer alJd this
176 Offer shall remain intull force and effect, with the time for closing extended accordingly. If Seller's notice is nottimely 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.
1791 ADDITIONALPROVISIONS/CONTINGENCIES. Spp rlttrlrnpñ .1I.ññpnñl1m
180
181
182
183
184
185
186
187
188 [KJADDENDA: The attached documents
1891 TITLE EVIDENCE'
190 Ii! CONVEYANCE OF TITLE: Upon payment of the purchase price, Seller shall convey the Property by warranty deed (or other
191 conveyance as provided herein) free and clear of all liens and encumbrances, except: municipal and zoning ordinances and
192 agreements entered under them, recorded easements for the distribution of utilitY and municipal services, recorded building and use
"3 restrictions and covenants, general taxes levied in the year of closingx:ooH
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195 (provided none of the foregoing prohibit present use of the Property), which constitutes merchantable title
196 for purposes of this transaction. Seller furtheí agrees to complete and execute the documents necessarf to record the conveyance.
1QI:3re made part of this Offer.
*including gap coverage
page 4 of 5, WB-1: 197 IS FORM OF TITLE EVIDENCE: Seller shall give evidence of title in the form of an owner's policy of title insurance in the amount of the 198 purchase price on a current AL TA form issued by an insurer licensed to write title insurance in Wisconsirý*CAUTlON: IF TITLE 199 EVIDENCE WILL BE GIVEN BY ABSTRACTpdJ,~~E TITLE INSURANCE PROVISIONS AND INSERT ABSTRACT PROIlNS. 200. PROVISION OF MERCHANTABLE TITLE/~hall pay all costs of providing title evidence. For purposes of closing, title nce 201 shall be acceptable if the commitment for the required title insurance is delivered to Buyer's attorney or Buyer not less than 3 b Iness 202 days before closing, showing title to the Property as of a date no more than 15 days before delivery of such title evidence to be 203 merchantable, subject only to liens which will be paid out of the proceeds of closing anå standard title insurance requirements and 204 exceptions, as appropriate. CAUTION: BUYER SHOULD CONSIDER UPDA TING THE EFFECTIVE DA TE OF THE TITLE. 205 COMMITMENT PRIOR TO CLOSING OR A "GAP ENDORSEMENT" WHICH WOULD INSURE OVER LIENS FILED BETWEEN THE. 206 EFFECTIVE DA TE OF THE COMMITMENT AND THE DA TE THE DEED IS RECORDED.
207 EI TITLE ACCEPT ABLE 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, Sellersha!l have a reasonable time, but not exceeding 15 days, to remove the objections, and 209 the time for closing shall be extended as necessari for this purpose. In the event that Seller is unable to remove said objections, Buyer 210 shall have 5 days from receipt of notice thereof, to deliver written notice waiving the objections, and the time for closing shall be extended 211 accordingly. If Buyer does not waive the objections, this Offer shall be null and void. Providing title evidence acceptable for closing does 212 not extinguish Seller's obligations to give merchantable title to Buyer. 213 II SPECIAL ASSESSMENTS: Special assessments. if any, for work actually commenced or le\(ied prior to date of this Offer shall tJe 214 paid by Seller no later than closing. All other special assessments shall be paid by Buyer. CAUTION: Cohsider a special agreement 215 if are~ assessments, property owners association assessments or other expenses are contemplated. .Other expenses. are one- 216 time charges or ongoing use fees for public improvements (other than those resulting in special assessments) relating to cUrb,.gutter, 217 street, sidewalk, sanitary and stormwater and storm sewer (including all sewer mains and hook-up and inter~ptorcharges). parks. street 2181i htin and street trees, and impact fees for other public facilities, as defined in Wis. Stat. ~ 66.55(1 )(c) & (i). 219 ENTIRE CONTRACT This Offer,including any amend.ments to it, contains the entire agreement of the Buyer and Seller regarding the 220 transaction. All prior negotiations and discussions have been merged into this Offer. This agreement binds and inures to the benefit of 221 the Parties to this Offer and their successors in interest.
2221 DEFAUW
223 Seller arid 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 the defaulting party to liability for damages or 225 other legal remedies.
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226 If Buyer defaults, Seller may:
227 (1) sue for specific performance and request the earnest money as partial payment of the purchase price; of 228 (2) terminate the Offer and have the option to: (a) request the earnest money as liquidated damages; or (b) direct BrOker to return 229 the earnest money and have the option to sue for actual damages. . . 230 If Seller defaults, Buyer may:
231 (1) sue for specific performance; or
232 (2) terminate the Offer and request the retum of the earnest money, sue for actual damages, or both. 233 In addition. the Parties may seek any other remedies available in law or equity. .234 The Parties understand that the availability of any judicial remedy will deøend upon the circumstances of the situation and the 235 discretion of the courts. U either Party defaults, the Parties may renegotiate the Offer or seek nonjudicial dispute resolution instead of 236 the remedies outlined above. By agreeing to binding arbitration, the Parties may lose the right to litigate in a court of law those disputes 237 covered by the arbitration agreement.
238 NOTE: IF ACCEPTED, THIS OFFER CAN CREATE A LEGAlLY ENFORCEABLE CONTRACT. BOTH PARTIES SHOULD READ 239 THIS DOCUMENT CAREFULLY. BROKERS MAY PRO\ilDE A GENERAL EXPLANATION OF THE PROVISIONS OF THE OFFER BUT 240 ARE PROHIBITED BY LAW FROM GIVING ADVICE OR OPINIONS CONCERNING YOUR LEGAL RIGHTS UNDER THIS OFFER OR 241 HOW TITLE SHOULD BE TAKEN AT CLOSING. AN ATTORNEY SHOULD BE CONSULTED IF LEGAl ADVICE IS NEEDED. 2421 EARNEST MONEY I
243. HELD BY: Unless otherwise agreed, earnest money shall be paid to and held in the trust account of the listing broker (buyer's agent 244 if Property is not listed or seller if no broker is involved), until applied to purchase price or otherwise disbursed as provided in the Offer. 245 CAUTION: Should persons other than a broker hold 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 clearance 248 from payor's depository institution if earnest money is paid by check) to the person(s) who paid the earnest money. At closing, earnest 249 money shall be disbursed according to the closing statement. If this Offer does not close, the earnest money shall be disbursed according 250 to a written disbursement agreement signed by all Parties to this Offer (Note: Wis. Adm. Code ~ 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 aft~r 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 eamest 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. Buyer's or Seller's legal right to earnest money cannot be determined by broker. At least 30 days pñor to disbursement per (1) 259 or (4) abov~, broker shall send ~uyer and Seller noti<:e of the disbursement. by certified mail. If Buyer o~ Seller disagr~e.wi~h ~.s 260 proposed disbursement, a lawsUit may be filed to obtain a court order regardmg disbuísement. Small Claims Court has Junsdlcb r 261 all earnest money disputes arising out of the sale of residential property with 1- 4 dwelling units and certain other earnest money disputes. 262 Buyer and Seller should consider consulting attorneys regarding their legal rights under this Offer in case of a dispute. Both Parties 263 agre.e 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 OBUGA TIONS OF PARTIES TO A TRANSACTION OR THE LEGAL EFFECT OF A SPECIFIC.CONTRACT OR CONVEYANCE. 267 AN ATTORNEY SHOULD BE CONSULTED IF LEGAL ADVICE'~ :: 'I .. ,- ..-
268 PROPERTY ADDRESS: See attached Ie al descri I [page5of5, WB-13)
26'3 OPTIONAL PROVISIONS: THE PARAGRAPHS AT LINES 271 - 314 WHICH ARE PRECEDED BY ARE A PART OF THIS OFFER IF
270 MARKED, SUCH AS WITH AN "Xu. THEY ARE NOT PART OF THIS OFFER IF MARKED NJA OR ARE LEFT BLANK.
271 Q PROPOSED USE CONTINGENCY: Buyer is purchasing the property f?r the p~rpose .of:
.
272 . ThIs Offer IS contingent upon Buyer obtaining the following:
f3 0 Written evidence at {Buyer's )(Seller's) I STRIKE ONEI expense from a qualified soils expert that the Property is free of any subsoil
condition which would make the proposed development impossible or significantly increase the costs of such development
5 0 Written evidence at (Buyer's)(Selier's) I STRIKE ONEI expense from a cerfjfied soils tester or other qualified expert that indicates that
276 the Property's soils at locations selected by Buyer and all other conditions which must be approved to obtain a permit for an acceptable private
277 septic system for: pnsert proposed use of Property; e.g., three
278 bedroom single family home] meet applicable codes in effect as of the date of this offer. An acceþtable 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) ISTRIKE ONEI expense of all public and private easements, covenants and restrictions affecting the
282 Property and a written determination by a qualified independent third party that none of these prohibit or significantly delay or increase
283 the costs of the proposed use or development identified at lines 271 to 272.
284 D Permits, approvals and licenses, as appropriate, or the final discretionary action by the granting authority prior to the issuance
285 of such permits, approvals and licenses at (Buyer's)(Selier's) [$TRIKE ONEI expense for the following items related to the proposed
286 development .
287 D Written evidence at (Buyer's)(Seller's) ISTRIKE ONEI expense that the following utility connections are located as follows ( e.g.,
288 on the Property, at the lot line across the street, etc.): electricity ; gas ; sewer
289 ; water ; telephone ; other
290 This proposed use contingency shall be deemed satisfied unless Buyer within days of acceptance delivers
291 written notice to Seller specifying those items of this contingency which cannot be satisfied and written evidence substantiating why each
292 specific item included in Buyer's notice cannot be satisfied.
293fi2êJ MAP OF THE PROPERTY: This Offer is contingent upon (Buyer obtaining)(Seller providing) STRIKE ONE a map of the Property prepared
294 by a registered land surveyor, within
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days of acceptance, at (Buyer's)(Seller's) STRIKE ONE expense. The map shall identify the legal
295 descñption of the Property, the Property's boundaries and dimensions, visible encroachments upon the Property, the location of improvements,
296 if any, and: .
297 .1 STRIKE AND COMPLETE AS APPLICABLE I Additional map features
298 which may be added include, but are not limited to: specifying how current the map must be; staking of all comers of the Property; identifying e:edicated and apparent streets, lot dimensions, total acreage or square footage, easements or rights-of-way. CAUTION: Consider the cost
nd the need for map features before selecting them. The map shall show no significant encroachment(s) or any information materially
inconsistent with any prior representations to Buyer. This contingency shall be deemed satisfied unless Buyer, within five days of the earlier
302 of: 1) Buyer's receipt of the map, or 2) the deadline for delivery of said map, delivers to Seller, and to listing broker if Property is listed, a copy
303 of the map and a wñtten notice which identifies the significant encroachment or the information mateñally inconsistent with prior representations.
3040 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 çmd a written notice listing the defects identified in the report to which Buyer objects. This Offer shall be null and
309 void upon timely delivery of the above notice and report. CAUTION: A proposed amendment will not satisfy this notice requirement
31oBuyer shall order the inspection and be responsible for all Costs of inspection, including any inspections required by lender or follow-up to
311 inspection. Note: This contingency only authorizes inspections, not testing, see lines 98 to 110. For the purposes of this contingency a defect
312 is defined as any condition of the Property which constitutes a significant threat to the health or safety of persons who occupy or use the
313 Property or gives evidence of 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.
315 This Offer was drafted on 7-20-04 [date] by [Licensee and Firmlnoni'll ò S Mol ter .Jr: Arenz,Mol ter .Macy & Riffle,SC CITY OF MUSKEGO .
316 (x) By:
317 Buyer's Signature" Print Name Here: > Mark A. Slocomb,' Mayor
3Q-óOOóO?3
~FEIN" Date ..
318 (x) By'
319 Buyer's Signature "Print Name Here: >Janice Moyer, 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
324 HEREIN AND ACKNOWLEDGES RECEIPT OF A COpy OF THIS OFFER.
325 (x)
326 Seller's Signature" Print Name Here: > Margaret Paepke
8) Seller's Signature" Print Name Here: >
329 This Offer was presented to Seller by
Social Security No. ~ .. Date ..
Social Security No. or FEIN' Date ..
on ,at~ a.m./p.m.
330 THIS OFFER IS REJECTED
331 Seller Initials. Date.
THIS OFFER IS COUNTERED [See attached counterj
Seller Initials. Date.
Exhibit "B"
OR~f \
Being part of the Northeast 1/4 of the Northwest 1/4 of Section 16, Town 5 North, Range
20 East, City of Muskego, Waukesha County, Wisconsin, bounded and descrìbed as
follows:
Commencing at the Northwest corner ofParce] described in a dee<;i, recorded jn Volume
426 Page 309 on November 30th, 1946 in Register ofDceds Office, Waukesha County,
Wisconsin, said point being the point of beginning; thehce N 89027' E, 395.80 feet;
thence S 00033' E, 381.31 feet; thence S 89027' W, 395Jm fect; thence N 00033' W,
381.31 feet, to the point of beginning. Containing 150,922 sq.tl. (3.46 acres) more or less.
Bearings are referenced to the North property Ene of said parcel as descdbed in a deed,
recorded in Volume 426 Page 309 on November 301\ 1946 in Register of Deeds Office,
Waukesha County, Wisconsin
Daniel R Flamini, RLS 2486
12/03/2003
(AT THE OPI'ION OF THE CITY, THIS LEGAL DESCRIPI'ION MAY BE CHANGED TO
A CERTIFIED SURVEY MAP TO BE PAID FOR BY THE BUYER.)
.
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Q\tþ..f~
ADDENDUM
1. Seller and her remaining property shall remain responsible for all liabilities
which are the responsibility of the owner of the fee title such as all property
taxes in the year of closing and prior thereto as to the entire property including
that sold to the City of Muskego and all special assessments and similar
charges previously assessed against the entire property.
2. Seller, and any other entity whose name appears on any of the attached
documents, shall execute the original of all attached documents on or before
closing other than the legal description and Addendum.
ADMISSION OF SERVICE Q\tþ.~~
.
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)
day of ,2004. Admitted this
MARGARET PAEPKE
.
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NOTICE OF RIGHT TO APPEAL THE 0 þ.~\
AMOUNT OF COMPENSATION PURSUA~t'
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 ,2004.
CITY OF MUSKEGO
Mark A Slocomb, Mayor
ATTEST:
Janice Moyer, Clerk
Document No.
CERTIFICATE OF
COMPENSATION
Pursuant to Wisconsin Statute ~32.06(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:
Margaret Paepke, a Single Person
2. The legal description of the property in which
fee simple title was acquired is as follows:
SEE ATTACHED LEGAL DESCRIPTION
MARKED EXHIBIT uB"
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: Reserved for Recording Information
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L------------------------------------------
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Attorney Donald S. Molter, Jr.
Arenz, Molter, Macy & Rime, S.c.
PO. Box 1348
Waukesha, WI 53187-1348
T ax Key No.
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 park purposes.
The amount of compensation is $
.
,2004.
CITY OF MUSKEGO
Dated this day of
ATTEST:
Mark A. Slocomb, Mayor
Janice Moyer, Clerk
This Instrument Was Drafted by:
Attorney Donald S. Molter, Jr.
ARENZ, MOLTER, MACY & RIFFLE, S.C.
720 N. East Avenue, P.O. Box 1348
Waukesha, WI 53187-1348
CITY SEAL
.
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Exhibit "B"
"J. ~\
\)~r
Being part of the Northeast 1/4 of the Northwest 1/4 of Section 16, Town 5 North, Range
20 E~ City of Muskego, Waukesha County, Wisconsin, bounded and described as
follows: .
Commencing at the Northwest comer ofParceJ described In a deed, recorded in Volume
426 Page 309 on November 30'\ 1946 in Register ofDceds Oftìce, Waukesha County,
Wisconsin, said point being the point of beginning; thence N 89027' E, 395.80 feet;
thence S 00033' E, 381.31 feet; thence S 89027' W, 395.80 feet; thence N 00033' W,
381.31 feet, to the point of beginning. Containing 150,922 sq. ft. (3.46 acres) more or less..
Bearings are referenced to the North property ]ine of said parcel as described in a deed.
recorded in Volume 426 Page 309 on November 30th, 1946 in Register of Deeds Office,
Waukesha County, Wisconsin
Daniel R Flamini, RLS 2486
12/03/2003
(AT WE OPI'ION OF THE CITY, THIS LEGAL DESCRIPI'ION MAY BE CHANGED TO
A CERTIFIED SURVEY MAP TO BE PAID FOR BY THE BUYER.)
x~
WAIVER OF APPEAL RIGHTS AS TO('"\\t~
AMOUNT OF COMPENSATION PURSUAM
TO WISCONSIN STATUTE g32.06 .
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.
MARGARET PAEPKE
.
.
STATE BAR OF WJSCONSIN FORM I - 2000
WARRANTY DEED Q~þ..~'\
Document Number
This Deed, made between MARGARET PAEPKE, a single
person, Grantor, and CITY OF MUSKEGO, a Wisconsin
Municipal Corporation, Grantee.
Grantor, for a valuable consideration, conveys to Grantee the following
described real estate in Waukesha County, State of Wisconsin (the "Property") (if
more space is needed, please attach addendum):
See Attached Legal Description Marked Exhibit "B"
Recordinu Area
Name and Return Address
Attorney Donald S Molter, Jr.
Arenz, Molter, Macy & Riffle, S,c.
Po. Box 1348
Waukesha, WI 53187-1348
Together with all appurtenant rights, title and interests Part ofMSKC 2222,987
Parcel Identification Number (PIN)
This is not homestead property.
Grantor warrants that the title to the Property is good, indefeasible in fee simple and free and clear of encumbrances except
orded easements and restrictions and municipal and zoning ordinances, and real estate taxes in the year of closing,
Date this
-
day of ,2004,
* *MARGARET P AEPKE
AUTHENTICATION ACKNOWLEDGMENT
Signature(s) of
day of
authenticated this
STATE OF WISCONSIN )
) ss,
) W AUKESHA COUNTY
*
TITLE MEMBER ST ATE BAR OF WISCONSIN
(If not, -
authorized by ~ 70606, Wis, Stats)
Personally came before me this day of
2004, the above named MARGARET P AEPKE to me known to be the
person who executed the foregoing instrument and acknowledged the
same. THIS INSTRUMENT WAS DRAFTED BY
Attorney Donald S. Molter, Jr.
P.O. Box 1348
Waukesha, WI 53187-1348
(Signatures may be authenticated or acknowledged Both are not necessary)
*
Notary Publ ic, State of Wisconsin
My Commission is permanent (If not, state expiratIOn date:
)
es of persons signing in any capacity must be typed or printed below their signature
WARRANTY DEED STA TE BAR OF WISCONSIN FORJ\I No. I - 2000
Exhibit "B" þI.~"
Q~
Being part of the Northeast 1/4 of the Northwest 1/4 of Section 16, Town 5 North, Range
20 East, City of Muskego, Waukesha County, Wisconsin, bounded and described as
follows: .
Commencing at the Northwest corner ofParce] described in it deed, recorded jn Volume
426 Page 309 on November 30th) 1946 in Register ofDceds Office, Waukesha County,
Wisconsin, said point being the point of beginning; thence N 89027' E, 395.80 feet;
thence S 00033) E, 381.31 feet; thence S 89027' W, 395.80 feet; thence N 00033' W.
381.31 feet, to the point of beginning. Containing 150,922 sq.tt (3.46 acres) more or less..
Bearings are referenced to the Nòrth property line of said parcel as described in a deed,
recorded in Volume 426 Page 309 on November 301\ 1946 in Register of Deeds Office,
Waukesha County, Wisconsin
Daniel R Flamini, R1.S 2486
12103/2003
(AT THE OPl'ION OF THE CITY, THIS LEGAL DESCRIPl'ION MAY BE CHANGED TO
A CERTIFIED SURVEY MAP TO BE PAID FOR BY THE BUYER.)
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:~~::,:E~:'S,nsE:~:'~~:::st~:~~n~~~:e:r~~~.::: COnflden~\t ~~~III~llIi~MIAIII"111111
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.
Hote: For IMs purposa a manied couple is one 9,anlor a same I.., name {sea lina 2). I. Your Lasl Hama or CompanJ Hame
PAEPKE
.-"
2. Your Flrsl Hamels) and Middle Ininal(s) -If a manied couple. show bofh lirsf names and middle inifiafs.
MARGARET
II. GRANTEE (Buyer)
4. Your Last Name or Company Nama
If more than ONE (1) grantee, check box at left and list on attached addendum.
Nole: For fhis purpose a married coupl. is one granle. if sam. lasl name {see fin. 5).
CITY OF MU8KEGO
5. Your Flrsl Name{s) and Middle Inillal{s) -If a married couple. show both lirsl names and middl. iniliaf.. 6. Social Securlfy Number or FEIN
39-6006023
7. Street or Fire Number,lf any 7a. Slreel Name, po Box, or Other Address (.nler .PO Box. and Box Number)
W182 88200 RACINE AVENUE
8. City 9. State 10. Zip Code
MUSKEGO WI 53150
TO RECEIVE TAX BILL AT ANOTHER ADDRESS, check here and complete Secllon X, page 2.
III. PROPERTY TRANSFERRED 11. Indlcale: x Cily Village
13. County Name
Town -+ Che<:k II addillonal parcel. and 1101 on anached addandum.
12. Name ollhe CltylViliagelTown
MUSKEGO ~
.---- - _u_-- 14. Physical Properly Address or Road Address (descriplion)
WAUKESHA
----) --- ax Parcel Number as itappean on Property Tax bID (seelnstruellons)
PART OF MSKC 2222.987
16. Property Descrlpllon: 101- block - pial, Certified Sumy Map {CSIIJ, or olher designation; . description will not III here, add alladvnent (s.. InslrucUon.)
SEE ATTACHED LEGAL DESCRIPTION
17a. Satllon (primary) 17b. Township (primary) 17e. Range (primary)
16 5N 20E
Chock here II morelhan one lot and block, or IIle9a' deserlpllon Is mete. and bound. or eorfilled ourvey map'
anach legal description a. an .ddendum (s.. In5Iruellono). '
IV. COMPUTATION OF FEE OR STATEMENT OF EXEMPTION
18. :'~~~'::~(:o~~~:~:~: ~ '
~~~ nearesl $100)
. .-- --------- ---.-- - -p-
19. Trans'er 'e8 dU8
(lIne 18 X .003)
DOllARS CENTS
$ 0 00
20. Transler Exempllon
Humber, SEC 17 .25 (12)
203.11 you 8nler .003" or .017" If J.
mandalory to provide your
previous documenl number. X
20b. Dale 0' Original
Land Contr.ct X
MONTH DAY YEAR
21. Value 01 personal property
Irans'erred bul EXCLUDED
'rom line 18.
$ 0
.
IN WHOLE
DOLLARS
22. Value 0' property exempt
~~~~~~~P~:r,,:r,~~ $ 0 IN WHOLE
[)()lLARS
V. TO BE COMPLETED BY AUTHORIZED COUNTY/LOCAL OFFICIAL
23. Doeumenl Number 24. Volume/Jackel 25. Page/lmage 26. Data Recorded 27. Date 0' Conveyanea
MONTH DAY YEAR MONTH DAY YEAR
28. Conveyonea
Code
Warrantyl
Condo Deed
land
Contract
Qui! Claim
Deed
Olber
(explain) ~
29. Counly (1) 30. Municipality {I) 31. County (2) 32. Municipality (2)
Check II more than two {2) municipali-
ties; II so, r.fer 10 Inslrucllons -+ 33. Is this a spill parcel?
(see instructions) Yes No
e. Enfer number 01 acres for each
areel classillcallon and check
preceding box 10 show
redominant classilieallon.
35. Assessment Year
t (Residentia~ 2 (Commercial) 3 (Manufacfuring) 4 ("'gricunura~ 5 (Swamp&Waste) 6 (Foresf) 7 (Oth.r)
36. land 37. Improvemenfs 38. Total Assessmenl
l1:
$ $ $
PE-500 (A. 1-2000) Continued ~ dJ
Fi1ancial
Partnership
CorplShareholder/
Subsidiary
Family :II
Other ~
II Family tK Other, Explain
1II~ 1.wt,,"VII~II'
Real Estate Transfer Return
VI. TRANSFER
39. Granlor/Granlee
retalionship Is:
X None
40. Type 01
Transler
X Sale (includes
origina/land
conlracl)
úchange Oeedin
salistaclion of
land contract
Other
(explain) + .
Gift
41. Ownership Inleresl Partial O1her
Iransferred X FuB (explain) (explain) +
Ownership interesl transterred may be a full interost of a full ownership; a full inlo'esl 0' a partia' ownership; or other (explain).
42. Does granlor relain
any ollhe following
righlsl
X None Ufe
Eslale Easemenl
Other
(explain) +
43. Grantor is: X lnálYidual
Partnership
Corporalion
limiled liabilily
Company
Trust
Other (specify) -+
VIII. PHYSICAL DESCRIPTION AND GRANTEE'S PRIMARY USE OF PROPERTY
X land only Condominium
Land and Other +
,- '-, '. bu~~~.._--- (spec~!,------_._----'-
---..",
VII. GRANTEE'S FINANCING
44. Check boxes lor all llnanting types thai apply
Financial instilu1ion-
Convenlional
Financial inslilulion-
Governmenl
Ob1ai>ed from
sener
Assumed exisling
r.,ancing
O1her 3rd pany
financing X No fJRMCing
invoIvod
Single famify MullHamoly -+ No. 0'
Unils
rime Share Unit
Agricultural, if so. did Ihe
gJanIor own propeny for
less 11m 5 years? ~
Yes
No
46b. Check U Granl..',
Primary Residence
Commercial !.fosceDaneous II any boxes at 'eft are checked, explain use here ...
"----:
Manufactumg/
Telephone Company Uti~____-"""-4'1i.-lotSíi"(iiöUND TO NEAREST WHOlE FOOT) 47b. Tola' Acres 48. MFUPFCIWTl Acre,
- '- .-./ 49. Feet 01 Waler Froniãge
47. Esllmated
'and area
II condominium,
check here and
proceed to line SO. X x OR 3 46 X
ROUND TO NEXT WHOlE ACRE
x
FEET FEET ROUND TO TENTH OF AN ACRE
IX. ENERGY Yes 51. ExcluslonCode-+ nW.11,
attach
W- 7 e>planallott
52. II W-12 provide documen1 number where recorded
50. Is this property subject 10 the Residential
Renta' Weatherlzallon Standards, CaMM67? X No (i No, provide exclusion code) -+ x
X. CERTIFICATION-We declare under penalty af law, this return has been examined by us and to the best af o.ur kno.wledge and ber.ef it is true. Co.rrect and complete.
53. Agent for 54. Agenl's Name r* agent involved i1 sale) 55. Telephone Number
GIanlor
Grante.
56. Streel or Fir. Number, "any 56a. Streel name, po. Box, or olher address (enter .1'0. Box. and box number) AREA CODE
57. City 58. S'ate 59. ZIp Code
60. Preparer's Name tK Firm Name U. T elephon. Number
ARENZ MOLTER MACY & RIFFLE SC 262-548-1340
AREA CODE
SEND TAX BILL TO: 62. Name
63. Slreelor Fire Number, II any 63a. Sireet Name, po. Box, or Other Address (enter .1'0. Box. and Box Number)
64. City 65. State 66. Zip Cede
67. Gra.;ior's SIr~t ,!r Fir. Number, a an~
'
67a. Grantor (where granlor can be reached in the fulure) Street Nam., PO Box, or Other Address (enler .1'0. Box. and Box Numb.r)
-----""
69. Stat. 70. ZIp Cod. ~. ,
\
j
71. D~ed ~72~.I:h:neN~~b:_._u_.".~_.
MONTH DAY YEAR AREA CODE
73. Signature of Grantor or Grantor's Agenl (PLEASE ATIEMPT 10 KEEP SIGNATURE WmilN Bo.X)
(-'--;;';::---~I;;on. Number
262-679-4100
MONTH DAY YEAR AREA CODE . 76. Signatu,e of Granl... or Granl..'s Agent (PLEASE ATIEMPT TO KEEP SIGNATURE WITHIN Bo.X)
._.~-
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.
.
GRANTOR:
GRANTEE:
MARGARET PAEPKE
CITY OF MUSKEGO
Exhibit "B" . ~~\ Q~r
Being part of the Northeast 1/4 of the Northwest 1/4 of Section 16, Town 5 North, Range
20 East, City of Muskego, Waukesha County, Wisconsin, bQunded and described as
follows: .
Commencing at the Northwest comer ofParce] described in a deed, recorded in Volume
426 Page 309 on November 30th. 1946 in Register ofDceds OffIce, Waukesha County,
Wisconsin, said point being the point of beginning; thence N 89027' E, 395.80 feet;
thence S 00033' E, 381.31 feet; thence S 89OZ7' W, 395.80 fcet~ thence N 00033' W.
381.31 feet, to the point of beginning. Containing 150,922 sq.ft (3.46 acres) more or less..
Bearings are referenced to the North property ]ìne of said parcel as described in a deed,
recorded in Volume 426 Page 309 on November 30th, 1946 in Register of Deeds Office,
Waukesha County, Wisconsin
Daniel R Flamini, RLS 2486
12/03/2003
(AT THE OPTION OF THE CITY, THIS LEGAL DESCRIPTION MAY BE CHANGED TO
A CERTIFIED SURVEY MAP TO BE PAID FOR BY THE BUYER.)
CHICAGO TITLE INSURANCE COMPANY 4i' .~þ.~~ Construction Work and Tenants Affidavit Q
1. I am the Owner of the property (the Property) described in commitment number: 1173323
"', ...
issued by CHICAGO TITLE INSURANCE COMPANY
.
2. Construction work. (Check One Box)
0 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 Amount of Work Date Work Completed
3. Tenants. The following tenants and renters occupy the Property. (Check One Box)
0 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.
Dated this day of Jyear) .
OWNER
Subscribed and sworn to before me this
day of (year) .
By: MARGARET PAEPKE Notary Public, Waukesha County, Wisconsin
mocx My commission (expires) (is
permanent):
.
F530C R 4/16/99
form530 4/99
.
.
.
CHICAGO TITLE INSURANCE COMPANY ~"\
Affidavit as to Broker Lien Rights Q\l~
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 1173323 (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 reaJ estate brokers who are or will be entitled to a
commission from the undersigned Owner under a listing contract or buyer agency contract having to do with
the purchase or sale of the Property, and/or with whom the Owner has a contract for the lease or
management of the Property.
LISTING/BUYER BROKER
Name
Address
Telephone number
Amount of commission owed or to be owed:
LEASING/MANAGEMENT BROKER
Name
Address
Telephone number
Amount of commissions owed on this date:
Attached hereto is a waiver of lien rights from each broker listed above, or a copy of the closing
statement showiDg that each broker will be paid at closing.
This affidåvit is given to induce the Company to issue its policy or policies of title insurance. The undersigned
indemnifies Chicago Title Insurance Company against any loss caused by the existence of any inaccuracies or omissions
in the above information known to the undersigned and not disclosed to the Company, plus any cost of the enforcement
of this indemnification.
Dated this day of
OWNER Subscribed and sworn to before me this
day of (year).
By: MARGARET PAEPKE
~ Notary Public, Waukesha County, Wisconsin
My commission (expires) (is
brokall 8/98 permanent):
~ CHICAGO TITLE INSURANCE COMPANY ~ Mfidavit as to Broker Lien Rights Q~þ.~1
The undersigned, being duly sworn, deposes and says: .
That I am the mmmxooxpurchaser (the Owner) of property further described in commitment to insure number 1173323. (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:
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 dosing
statement showing that each broker will be paid at closing.
This affida~t 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:
~ Mark A. Slocomb, Mayor Notary Public, Waukesha C W. .. .ounty, lsconsm
My commission (expires) (is
brokaff 8/98
permanent):
.
.
.
~ LtllLAliU "lTILh IN~UKANCh COMPANY
- ~~\ Q~r
RECORDING GAP INDEMNITY
Commitment No. 117332)
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 public records or attaching between the effective date of the
title insurance Commitments and the date of recording of the deed and/or
mortgage to be insured (Gap Defect(s));
AND, WHEREAS, Chicago has been asked to issue the Policies, and may
hereafter in the ordinary course of its business issue title insurance
policies or commitments in respect to the Land, or some part or interest in it (the 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
Name
(Signature)
By MARGARET PAEPKE
(Print Name) (Signature)
Print Name and Tille (Signalure)
Address (new address if moving) (Print Name)
City Zip Address (new address if moving) Slale
Telephone Number City Slale Zip
Telephone Number
reegap 2/00