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HomeMy WebLinkAboutEasement/Jerry J. Kowal NOTICE OF LIS PENDENS $ x4198348 7 t x1547 0912011 (Replaces LPA3030) Ch.32 Wis.Stats. Tx;41568 REGISTER'S OFFICE State of Wisconsin, County of Winnebago WINNEBAGO COUNTY, W1 In the matter of acquisition of real property of Jerry J.Kowa] ©2/RECORDED ON 22/2016 Z.-oo PM By City of Oshkosh CHRISTOPHER LARSON DEPUTY REGISTER OF DEEDS Legal description: RECORDING PER 30.00 LEGAL DESCRIPTION IS ATTACHED HERETO AND MADE A PART PAGES: 4 HEREOF BY REFERENCE. This s ace is reserved for r000rdin_q data Return to Moss&Associates LLC 2885 Newcastle Ave. Green Bay, WI 54313 Parcel ldentifiaa n NumbeHTax Key Number 910-0753 You are notified that the City of Oshkosh, has caused to be served upon or mailed to Jerry J. Kowat,First Wisconsin National Bank of Oshkosh as provided in s.32.05(4)Wis. Stats., a jurisdictional offer,a copy of which is attached and incorporated by reference, The premises affected by the jurisdictional offer and by the operation of x.32,05(4)Wis. Stats.,are described in the attached and incorporated offer. Acquiring Agency:City of Oshkosh i Febmruaiy 10,2015 Fcbrua 10,2016 ate Date State of Wisconsin signature ) SS. Patrick Moss Brown County ) Print Name On the above date,this instrument was acknowledged before me by the Negotlator/Consultant For City of Oshkosh named person(s). Title . Signature,nota ublic,State Randy Moss Print Nama,'Notaryublic,State of Wisconsin anuary 10,2020 Date Commission Expires Project io:4944-01-14 This instrument was drafted by:handy Moss for City of Oshkosh Parcel No.:92 JUMSDICTIONAL OFFER 1pa1786 0912011 (Replaces 3029) s.32.05 Wis.Stats, Date February 10,2016 To Jerry J. Kowal, First Wisconsin National Bank of Oshkosh hereinafter referred tows Owner. Relocation Order Date Relocatlon Order County Public Purpose far Property. September 9,2015 Recorded with the Register of Deeds Winnebago N. Main St. Reconstruction City of Oshkosh hereinafter referred to as Purchaser, offers to purchase a.parcel of real estate and lor rights therein in which you own an interest all as particularly described on attached page,and agrees to pay the sum of: Ono Thousand Three Hundred Fifty and no/100 Dollars $1,350,00 within 60 days from the acceptance of this offer. A. The said property, andlor rights as described,are required by the City of Oshkosh for the public purpose stated above, as more fully described In City of Oshkosh Relocation Order,date and place of filing specified above. The City of Oshkosh In good faith Intends to use the above-described property for such public purpose. B, The City of Oshkosh proposes to occupy and the Owner will vacate the premises on March 2,2016(date).. C. Pursuant to s.32.05(3)(d)Wis. Stats., the above purchase price is allocated as follows::: ::. ::'.c.'.: : :: (a) Loss of land, including improvements and fixtures actually being acquired $1,2d5.00 (b) Damages caused by loss of existing rights of access (c) Damages caused by loss of air rights_ (d) Damages caused by loss of legal nonconforming use $ (e) Damages resulting from actual severance of land including damages resulting from severance of $ improvements or fixtures and proximity damage to Improvements remaining on Owner's land.: {f) Damages to property abutting on a highway right of way due to change of grade $ (g) Cost of fencing reasonably necessary to separate land taken from remainder $ (h) Market value of uneconomic remnant $ (€) Other—Temporary Limited Basement $ 145.00 Compensation for additional items of damage listed in s.32.19 Wis. Stats, has not been included. If any such items are shown to exist the owner may file claims as piovlded In x.32.20 Wis. Stats. D. The purchase price is based upon an appraisal of the owner's property of which a copy of the appraisal report has been provided to the owner. - - - E. Owner has 20 days from the date of personal service of this offer, if personally served, or 20 days from the date of postmark of the ceitlfted mail 46volope transmitting this offer, if ttansrri€tted by-mail, or 20 days fr6mi the date of publication of this offer, if published, in which to accept this offer, unless such time is extended by mutual written consent of Owner and Purchaser. Acceptance shall be as follows: Owner must execute the acceptance clause on back of this offer on or prior to March 1, 2016; and the offer and acceptance must be delivered to Purchaser at P.Q. Box 1130, Oshkosh, WI 54903-1130 not later than regular office closing time on March 1, 2016, or mailed to Purchaser at the last above stated address In an addressed, postage prepaid envelope bearing postmark of not later than 12:00 midnight on March 1,2016. F. If the Owner does not accept this offer as set forth, Owner has 40 days from the date of service, postmark or publication of this offer to commence a court action to contest the right of condemnation as provided in s.32.05(6) Wis. Stats. provided that the acceptance and retention of any compensation resulting from an award made prior to the commencement of such an action shall be an absolute bar to such action. G. If owner agrees to accept the Jurisdictional Offer, it is considered a negotiated purchase; therefore, the condemnor must record the conveyance with the Register of Deeds in the county where the land is located. Also, all owners of record should receive by certified mail a copy of the conveyance and a notice of their right to appeal within 6 months after the Project ID:4994-01-14 Page 1 of 2 Parcel No.:92 'state of the recording of the conveyance. Such an appeal would challenge the amount of compensation received:by_the property owner from an accepted Jurisdictional Offer. !-i. Owner has 2 years from the date of the recording of an award, as described in s.32.05(7)Wis. Stats., in the office of the Register of Deeds In which to appeal for greater compensation without prejudice to Owner's right to use the compensation given to Owner by the award, Owner's right of appeal is subject to the provisions of s.32.05(9)(a)and(11),Wis. Stats. 1. The.law provides for the payment of litigation expenses by the condemner and these costs are defined in Ch. 814 of Wisconsin Statutes. J. If this offer is accepted by Owner, the transfer of title shall be accomplished within 60 days after acceptance Including the payment to Owner of said purchase price, provided however, that'notwithstanding any provision herein to the contrary, said 60-day period may, at the request of the:Owner, be extended by mutual written agreement of-the Owner.and Purchaser. K. This offer may be withdrawn by Purchaser at any time prior to its acceptance by Owner. L. Real estate taxes for the current year shall be prorated as of the date of proposed occupancy set forth, said proration to be based upon the latest available tax assessment. M. Purchaser will prepare necessary instruments-to accomplish said transfer. Transfer shall be by Warranty Deed unless a lesser conveyance is accepted by Purchaser. Transfer shall be free of defects and encumbrances but subject to ordinances and restrictions of record. N. if all persons or entities designated as Owner do not accept this offer within the time specified, this offer will be deemed to have been rejected by all such persons or entities notwithstanding the acceptance by one or more of-such persons or entities. O. Included in the purchase price is payment in full for the acquisition of the following items now on the described property. Description on additional page(s). P. This offer,if accepted by Owner,shall constitute a binding contract. Randy.Moss T Moss&Associates LLC Consultant]Negofiator for City of Oshkosh.. Title If owner is not a firm or corporation,check and sign here: if ovmer,is a firm or corporation,check and sign here: Q Accepted . Q Refected .. 1 Q Accepted ❑ Rejected Owner Signature)eny i.Kowat Date Name of firm or corporation Owner Signature Date Officer Signature - - T hate t c Owner Signature mate Title. Ownarsignature Date OfficerSigfiature Date Title_T project iD:4994-01-14 Page 2 of 2 -Parcei No.:92 f Legal description: Parcel 92 of Transportation Project Plat 4394-01-14.4.01,recorded.In File 1,Page 260 asD'Oc ument 1696776,recorded In Winnebago County,Wisconsin. Property interests and rights of said Parcel 92 consist of; Fee Simple -= Temporary Limited Easement G Any interests or rights not listed above for said parcel but shown as requjred on sa[�I Transpor aEton Project Plat ar6kerep' incorporated herein by reference Tax Key 4910-0763 - Y F "this easement shall terminate upon completion of the construction project for which this instrument is.given t %v:11'1tOJECTS\000051830103101-Plan PreparatiwiN04 RW f 1at114atraltYA 1 F1j�S 3�r<S J�Kos al 1]cscOnly.doc E; ! t 0 ;A In � � ; 0 >y � 00 oma x N O q W li ,t i Y 0 T I p 00o v, x �, E O � � N Z ; Z m Q m � i X F Ilt Eti.i"rt + 1