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HomeMy WebLinkAbout020-1283-40-000 ST. CROIX COUNTY WISCONSIN ZONING OFFICE r r r r r u r a■ ST. CROIX COUNTY GOVERNMENT CENTER 1101 Carmichael Road - Hudson, WI 54016-7710 - (715) 386-4680 January 13, 1995 Mr. Daryl Bjornstad B & H Development 617 7th Street North Hudson, Wisconsin 54016 RE: Septic Inspection for B & H Development Lot 114, Willow Ridge East II, Town of Hudson, St. Croix County, Wisconsin Dear Mr. Bjornstad: An inspection of Lot 114, Willow Ridge East II, for B & H Development was conducted on January 10, 1995. This property is located in the NW, of the NE, of Section 20, T29N-R19W, Town of Hudson, St. Croix County, Wisconsin. At the time of the inspection, this septic system was found to be code compliant for a three (3) bedroom home. If you have any questions with regard to the above, please do not hesitate in contacting our office. 1 erely, J es K. Th son ' Assistant Zoning Administrator St. Croix County, Wisconsin mz STC - 104 AS BUILT SANITARY SYSTEM REPORT OWNER. Sa,r J"L C c~~✓' s 7~ ~,C ADDRESS SUBDIVISION / CSM ~lll~ ~'J d~ f'° LOT SECTION a(,) TAN-R_W , Town of- ST. CROIX COUNTY, WISCONSIN PLAN VIEW SHOW EVERYTHING WITHIN 100 FEET OF S STEM ~ e F i j i f i ! s INDICATE NORTH ARROW Provide setback and elevation information on reverse of this form. Provide 2 dimensions to center of septic tank manhole cover. BENCHMARK: a j,, ~-5Z jl S-- ALTERNATE BM: SEPTIC TANK / PUMP CHAMBER / HOLDING TANK INFORMATION Manufacturer: Liquid Capacity: fiy4! Setback from: Well, House Other Pump: Manufacturer Model# Size Float seperation Gallons/cycle: Alarm Location SOIL ABSORPTION SYSTEM Width: S- Length 157 Number of trenches 'L? Distance & Direction to nearest prop. line: S&' ` ~j zJ r Setback from: well: rD` House Other ELEVATIONS Building Sewer ST Inlet. ST outlet PC inlet PC bottom Pump Off Header/Manifold Bottom of system Existing Grade Final grade DATE OF INSTALLATION: yS- PLUMBER ON JOB: LICENSE NUMBER: INSPECTOR: 3/93:jt Wisconsin Departrxntof Industry, PRIVATE SEWAGE SYSTEM County: Labor and k+uman Relations INSPECTION REPORT ST. CROIX Safety and Buildings Division GENERAL INFORMATION (ATTACH TO PERMIT) Sanitary Permit No-: Permit Holder's Name: ❑ City ❑ Village Town o : State Plan o.: B & H DEVELOPMENT CST BM Elev.: Insp. BM Elev.: Description: Parcel Tax No. /Od, UD / d ~ BM 14F~l a~`yt 1° Q S dJ ~d -e A-) A940()-194 I ~a . TANK INFORMATION ELEVATION DATA 9~ TYPE MANUFACTURER CAPACITY STATION BS HI FS ELEV. Septic v Benchmark 3,(S /ez, , -,P Dosing 0 Ooi, 3 Aeration Bldg. Sewer 7,. Holding St/ IA Inlet ANK SETBACK INFORMATION St/ I K Outlet TANK TO P/ L WELL BLDG. Ventto ROAD Dt Inlet Air Intake Septic 7-77 NA Dt Bottom Dosi NA Header: Aeration NA Dist. Pipe 9y 3 Kok& 4, g Bot. System . 7/ , Final Grade Manufacture Demand Model Number M ction Sys a Ft TDH Lift Loss Forcemain Length Dia. H Dist. To well SOIL ABSORPTION SYSTEM BED/TRENCH Width Length No. Of Trenches PIT No. Of Pits Inside Dia. uid Depth If I DIMENSIONS DIMEN I SETBACK SYSTEM TO P/ L BLDG WELL LAKE/STREAM LEACHIN ufacturer: - INFORMATION Type0 CHAS Mo el Number: System: 11~ _Okiu, T DISTRIBUTION SYSTEM Header/Manifold Distribution Pipe(s) x Hole Size x H pacing Vent To Ai take , Length lzz~ Dia. ~ Length Sid / Dia. Spacing ZZ i SOIL COVER x Pressure Systems Only xx Mound Or At- de Sys Depth Over q „ Depth Over „ xx Depth Ofxx Seeded /Sodded T xx Mulched Bed/ Trench Center 3~ - Bed/ Trench Edges 3/`-00 Topsoil E] Yes E] No E] Yes ❑ No COMMENTS: (Include code discrepancies, persons present, etc.) LOCATION: HUDSON.20.20.19W,NW,NE,VIRTUR RD, HWY...A, LOT 114 l1 c. Plan revision required? ❑ Yes R No Use other side for additional information. 1,9 1 SBD-6710 (R 05/91) Date Inspector's Signatu Cert. No. l ADDITIONAL COMMENTS AND SKETCH SANITARY PERMIT NUMBER: I I ~ p:SANITARY PERMIT APPLICATION t~'~L■'■~1 In accord with ILHR 83.05, Wis. Adm. Code C!T. W,A 4 STATE SANITARY PERMIT # -Attach complete plans (to the county copy only) for the system, on paper not less than ❑ -R a?, (p 75 8% X 11 inches in size. Check i revision to previous application wee reverse side for InStrUCtIOnS for completing this application. STATE PLAN I.D. NUMBER 1. APPLICANT INFORMATION - PLEASE PRINT ALL INFORMATION. PROPERTY OWNER PROPERTY LOCATION ~G u~l• a ~.,r~f` W'/a ~ '/4, S.20 T,2 , N, R `f E (or P OPERTY OWNER'S MA LING ADDRESS LOT # BLOCK # r ®t~ ~~s~~ //J/ CITY, STATE ZIP CODE PHONE NUMBER SUBDIVISION NAME OR CSM NUMBER -I-] CITY II. TYPE OF BUILDING: (Check One) El State Owned VILLAGE NEAREST ROAD i,F71 TOW OF: AR EL TAX NUMBER. ❑ Public 211 or 2 Fam. Dwelling- # of bedrooms .Z_ III. BUILDING USE: (If building type is public, check all that apply) 1 ❑ Apt/Condo 2 ❑ Assembly Hall 6 ❑ Medical Facility/Nursing Home 10 ❑ Outdoor Recreational Facility 3 ❑ Campground 70 Merchandise: Sales/Repairs 11 ❑ Restaurant/Bar/Dining 40 Church/School 8E] Mobile Home Park 120 Service Station/Car Wash 5 ❑ Hotel/Motel 9 ❑ Office/Factory 130 Other: Specify IV. TYPE OF PERMIT: (Check only one in line A. Check line B if applicable) A) 1.10 New 2. ❑ Replacement 3. ❑ Replacement of 4. ❑ Reconnection of 5. ❑ Repair of an System System Tank Only Existing System Existing System B) ❑ A Sanitary Permit was previously issued. Permit Date Issued V. TYPE OF SYSTEM: (Check only one) Non-Pressurized Distribution Pressurized Distribution Experimental Other 11 ❑ Seepage Bed 21 ❑ Mound 30 ❑ Specify Type 41 ❑ Holding Tank 12 ® Seepage Trench 220 In-Ground 42 ❑ Pit Privy 1130 Seepage Pit Pressure 43 ❑ Vault Privy 14 ❑ System-ln-Fill VI. ABSORPTION SYSTEM INFORMATION: 1. GALLONS PER DAY 2. ABSORP. AREA 3. ABSORP. AREA 4. LOADING RATE 5. PERC. RATE 6. SYSTEM ELEV. 7. FINAL GRADE REQUIRED (sq. ft.) PROPOSED (sq. ft.) (Gals/day/sq. ft.) (Min./inch) Q,y ELJVATION `►'Sd 3 . S S 7d "al d Feet S~ Feet VII. TANK CAPACITY Site in allons Total # Of Prefab. Fiber- Exper. INFORMATION New istin Gallons Tanks Manufacturer's Name Concrete Con- Steel glass Plastic App Tanks Tanks structed r 7r Septic Tank or Holding Tank 610 d Lift Pump Tank/Si hon Chamber 1 LJ _1 [Ed Fl Vlll. RESPONSIBILITY STATEMENT I, the undersigned, assume responsibility for installation of the onsite sewage system shown on the attached plans. Plumber's Name (Print): Plumber's Signature: (No Stamps) /MPRSW No.: TBusiness Phone Number: Plumber's Address (Street, City, State, Zip Code): IX. COUNTY/DEPARTMENT USE ONLY ❑ Disapproved S ry Permit Fee (Includes Groundwater ate Issued Issuing Agent Signature (No Stamps) Approved El Owner Given Initial Surcharge Fee) Adverse Determination X. CONDITIONS OF APPROVAL/REASONS FOR DISAPPROVAL: SBD-6398(R.08/93) DISTRIBUTION: Original to County, One Copy To: Safety & Buildings Division, Owner, Plumber INSTRUCTIONS 1. A sanitary permit is valid for two (2) years. 2. Your sanitary permit may be renewed before the expiration date, and at the time of renewal any new criteria in the Wisconsin Administrative Code will be applicable. 3. All revisions to this permit must be approved by the permit issuing authority. 4. Changes in ownership or plumber requires a Sanitary Permit Transfer/Renewal Form (SBD 6399) to be submitted to the county prior to installation. 5. Onsite sewage systems must be properly maintained. The septic tank(s) must be pumped by a licensed pumper whenever necessary, usually every 2 to 3 years. 6. If you have questions concerning your onsite sewage system, contact your local code administrator or the State of Wisconsin, Safety & Buildings Division, 6013-266-3815. To be complete and accurate this sanitary permit application must include: 1. Property owner's name and mailing address. Provide the legal description and parcel tax number(s) of where the system is to be installed. II. Type of building being served. Check only one and complete # of bedrooms if 1 or 2 Family Dwelling. III. Building use. If building type is Public, check all appropriate boxes that apply. IV. Type of permit. Check only one in line A. Complete line B if permit is for tank replacement, reconnection, or repair. V. Type of system. Check appropriate box depending on system type. VI. Absorption system information. Provide all information requested in ##1-7. VII. Tank information. Fill in the capacity of every new and/or existing tank, list the total gallons, number of tanks and manufacturer's name. Indicate prefab or site constructed and tank material. Complete for all septic, pump/siphon and holding tanks for this system. Check experimental approval only if tanks received experimental product approval from DILHR. VIII. Responsibility statement. Installing plumber is to fill in name, license number with appropriate prefix (e.g. MP, etc.), address and phone number. Plumber must sign application form. IX. County/Department Use Only. X. County/Department Use Only. Complete plans and specifications not smaller than 8% x 11 inches must be submitted to the county. The plans must include the following: A) plot plan, drawn to scale or with complete dimensions, location of holding tank(s), septic tank(s) or other treatment tanks; building sewers; wells; water mains/water service; streams and lakes; pump or siphon tanks; distribution boxes; soil absorption systems; replacement system areas; and the location of the building served; B) horizontal and vertical elevation reference points; C) complete specifications for pumps and controls; dose volume; elevation differences; friction loss; pump performance curve; pump model and pump manufacturer; D) cross section of the soil absorption system if required by the county; E) soil test data on a 115 form; and F) all sizing information. - - - - GROUNDWATER SURCHARGE 1983 Wisconsin Act 410 included the creation of surcharges (fees) for a number of regulated practices which can effect groundwater. The monies collected through these surcharges are used for monitoring groundwater, ground- water contamination investigations and establishment of standards. SBD-6398 (R.11/88) b etio 9,v~ - S a ~9 fir` old e l~ i i I N U~ 0 5 O7', c F~,A • 3~ y Wisconsin Department Industry, Labor and Human Relations SOIL AND SITE EVALUATION REPORT P e ' ons ag _ Of Division of Safety & Buildings in accord with ILHR 83.05, Wis. Adm. Code COUNTY sr cRol'x Attach complete site plan on paper not less than 81/2 x 11 inches in size. Plan must include, but not limited to vertical and horizontal reference point (BM), direction and % of slope, scale or PARCEL I.D. If dimensioned, north arrow, and location and distance to nearest road. APPLICANT INFORMATION-PLEASE PRINT ALL INFORMATION REVIEWED BY DATE PROPERTY OWNER: c PROPERTY LOCATION 23 3 /,f. a~0 GOVT. LOT NJ() 1/4 A)b-114,S ;O T Z~ N.R E (o o PISERTYOWE8':S MAILING ADDRESS LOT BLOCK# SUBD. AME OR CSM # CITY, STATE ZIP CODE PHONE NUMBER QCITY QVILLAGE WN NEAREST ROAD [New Construction Use Residential / Number of bedrooms 3 i [ [ ]Addition to existing building j ] Replacement Public or commercial describe Code derived daily flow y✓~O gpd Recommended design loading rate - bed, gpd/ft2 trench, gpd/it2 Absorption area required bed, 1112 trench, ft2 Maximum design loading rate bed, gpd/ft2 ' 6 trench, gpolit2 Recommended infiltration surface elevation(s) s~ / 3 ft (as referred to site plan benchmark) Additional design /site considerations ZIS~~-~ ?S w/ ~ti°o~J ~o>< ►'S T R r'Ro i`i o.~ - S ~e . 3 Parent materials Flood plain elevation, if applicable N4' i± c~ S =Suitable for system 0 YkNT _ L MOU~JD IN_!QU NDPRESSURE AT-GRADE SYSQ uLL HO S NG TANK U = Unsuitable fors stem 91 Q U 01 QU 9 SOIL DESCRIPTION REPORT Boring # Horizon Depth Dominant Color Mottles Texture Structure Consistence Baxtd3y Roots GPD/ft in. Munsell Qu. Sz. Cont. Color Gr. Sz. Sh. Bed iench Ground elev. /7fL Depth to limiting factor 0 =6- Remarks: .yo 7- SyrT,r,B/E f_OW 4Aly T'/fE Adl l f7- - 7-,eSt T1qEA-? T 5YS7,C-,4t Boring # _ 3 ~Z / z f Sdr~ s 3, S G yl~ '5 14. .2f Ground Melgv. ft. 7 S yip d r S-Zt oG? Depth to limiting factor Remarks: CST Name:-Please Print (2b 7.t L13 R l C ff r Phone: 71 ✓c' 3 8 S Address: X55 0' ,v /EL v yv~f o..l Cc> S'>'O~Gp 9- as 7,-"' Z Sgnature: I ~ ` ~ Date: CST Number: 13 b 4• A f1 _M ORIGINAL a r H , p . PROPERTY OWNER SOIL DESCRIPTION REPORT Page? of PARCEL I.D. # Lo f W //f - 4v-,%/o W lPiD 4,(-~ c`. 5.7- Boring # Horizon Depth Dominant Color Mottles Texture Structure Consistence Boundary Roots GPD/ft in. Munsell Qu. Sz. Cont. Color Gr. Sz. Sh. Bed ranch / p- /D ye ;72- S/ 2 n., 3 . S , Ey~- z y_ /o ye Y s/ z-f sd,~ , ~,e s 3 ,s C, Ground 3 ko - /,P 7 s Yx elev. 76 - 7 7- s)(,e y/4 cs o, s ~s Depth to D - yo /0 y limiting face Remarks: Boring # 5-1 2- fsd,~ ~iP 9 S G 2- /0 31ZI /7 5"e 1-7'-X [3, 3 3.2 /o yiP s/ f s6K ~ c s /F , y , S Ground elev q S ft. Depth to limiting factor Remarks: Boring # o- y is V/f 3/y s/ z sd,~ ~,P cs , s . 2 % - 20 /O Yle 5/y C.S. e elw 7 3 yo -Z /oYle &11~ Ground' elev. Depth to limiting fact` Remarks: Boring # 0- /0 7-4-11 5h& io yt -50 /o yip d-AZ Ground i00 8€' ft -90 /O r S/ s O, S c~ - 7 Depth to limiting factor 0 Remarks: eon 61JoA10 ncrnn, e o ct~ c (h ~ v ~ ~r► ~C w 70 m m rn o R U' L Z Q ° - °0 0 0 LA w 'k- 0 1 Cd O L GuES T LO 7- rn L _w ~ I oo, - v to I °---SYST•_~~/D----- ~ ~ R it ~ ~EPIAc'E.-rev -4 lb ~ o 1 EqS T LD T L v ~ 21, ~ I `1 y ~ I 7 6.00 _ 1 OD -'1 N •O ~O M i ~ N N O N ~1 ~O ~O d A 00 co c" 0 • M 00 9/1 9 - S ~ ~ U1 •~ppJ.. N t~ N N - N n 4 a N M M ~O Ir1 ^~r1 03 H v - ` 1n 10 o ~O ~N Ri N N O _ P" N N N W C3 (9 C; (5 6 'Z4 H N N J \ 0 0 0 0 0 0 0 0 0 0 0 0 0 M ~1 ~1 M M ~y N • _ / H O M O ~1 1 1 A - s -Q a cu w "V I 'm Ct) - ti aNI~ o 10 \ . \ D G1 I S L; ao n. w n \ C7 N / 1 0 0 rn 3rw (U m -V 71 / v \Z d / .16 m 0 00 4b - V9s looll -4 A 01 ~ u \ p Se as ♦ \ as ssa, 40, 04 0 r \ } 0 s 1 0 o .ta"w 16+ I i s o W r x u > u W co z y 0 Q 04 14 1-43 ♦ M w m 04 o N U.CW u• 0,4 M. o u m A bi u S " a~ r STC-105 SEPTIC TANK MAINTENANCE AGREEMENT St. Croix County OWNER/BUYER Z-0- MAILING ADDRESS 9`0 ~7 L _ld~ll Sl/ /l/• /7 r/O'S OrI, .~f~: SAD/lo PROPERTY ADDRESS eIV7 (location of septic system) Please obtain from the Planning Dept. CITY/STATE h~d~' z L4" yp/(e PROPERTY LOCATION /VAJ 1/4, NT 1/4, Section 20 T Z 9 N-R_Zy _W TOWN OF !7't/QSoit/ ST. CROIX COUNTY, WI SUBDIVISION LOT NUMBER /I CERTIFIED SURVEY MAP , VOLUME 93 PAGE LOT NUMBER Improper use and maintenance of your septic system could result in its premature failure to handle wastes. Proper maintenance consists of pumping out the septic tank every three years or sooner, if needed by licensed septic tank pumper. What you put into the system can affect the function of the septic tank as a treatment stage in the waste disposal system. St. Croix County residents may be eligible to receive a grant for a maximum of 60% of the cost of replacement of a failing system, which was in operation prior to July 1, 1978. St. Croix County accepted this program in August of 1980, with the requirement that owners of all new systems agree to keep their system properly maintained. I The property owner agrees to submit to St. Croix Zoning a certification form, signed by the owner and by a mater plumber, journeyman plumber, restricted plumber or a licensed pumper verifying that (1) the on-site wastewater disposal system is in proper operating condition and (2) after inspection and pumping (if necessary), the septic tank is less than 1/3 full of sludge and scum. I/We, the undersigned have read the above requirements and agree to maintain the private sewage disposal system in accordance with the standards set forth, herein, as set by the Wisconsin DNR. Certification stating that your septic has been maintained must be completed and returned to the St. Croix County Zoning Officer within 30 days of the three year expiration date. SIGNED: 407AY 47~ DATE: -9- Croix County Zoning Office St. Government Center 1101 Cann ichael Road Hudson, WI 54016 11/93 8 T C - 100 This application form is to be completed in full and signed by the owner(s) of the property being developed. Any inadequacies will only result in delays of the permit issuance. Should this development be intended for resale by owner/contractor, (spec house), then a second form should be retained and completed when the property is sold and submitted to this office with the appropriate deed recording. Owner of property ~i" f~ 6kZ4 - ,7A~ Location of property /I 411/4 Nf' 1/4, Section ZO ,T Z9 N-R__Z2__W Township .e'&K&U Mailing address 9./d 5~k' Clay, a Al, Address of site 4/17/,2 ,od Awsin, Subdivision name /.)%/ld) Aiy Lot no. other homes on property? >C Yes_ No Previous owner of property A"I dltl F/4'.Q5 Total size of property _ la(T!Z f 07F Gr i-eS Total size of parcel /aore A 07Q aereS Date parcel was created Z2~ /9?/ Are all corners and lot lines identifiable? Yes No Is this property being developed for (spec house)? Yes No Volume (p93 and Page Number as recorded with the Register of Deeds. INCLUDE WITH THIS APPLICATION THE FOLLOWING: A WARRANTY DEED which includes a DOCUMENT NUMBER, VOLUME AND PAGE NUMBER AND THE SEAL OF THE REGISTER OF DEEDS. In addition, a certified survey, if available, would be helpful so as to avoid delays of the reviewing process. If the deed description references to a Certified Survey Map, the Certified Survey Map shall also be required. PROPERTY OWNER CERTIFICATION I (we) certify that all statements on this form are true to the best of my (our) knowledge that I (we) am (are) the owner(s) of the property described in this information form, by virtue of a warranty deed recorded in the office of the County Register of Deeds as Document No. 39Sd zo , and that I (we) presently own the proposed site for the sewage disposal system or I (we) obtained an easement, to run the above described property, for the construction of said system, and the same has been duly recorded in the office of the County Register of Deeds as Document No. 29S6 Zp Lamv- Signature f Applicant Co-Applicant sy-1- i9 Date of Signature Date of Signature S7. CROM cp., wi§. ,yam p ~'~~{Fr ~ 23rd a yam, y` 4 ~ r ~."s ,4 _ .ti.• a' x a7a' ti ~ q law y « b" Contract, , and between M It ~ t =4. `Esrteiaen Aassbaad and ooe :and~g H. lop 1{t Jat ! "yVendor-salle and a o xi gr+aa..1Co' TIto'lha~' coup" P 'fad full ~i. perf0>nssaoe, of this Contract , s tltA fOlxawf to get, with rents, Profits and other • ? _,a J-11 /~~ppwrl t ~led}•t1N s"Psop~rty"), P e in St. Croix County, State of;liissoeak ~ fRr Y South 53 1 /3 sods of South H&W and South 53 1/3 rods: of Soueln+ quart= of Southeast ; Quarter (SASB}) of Sectim,17 "MN,` R19i16' That part of )Northves4 qugzt~w-of Dortheast quarter'(NWt NE1<) and of Northeast Quarter of Northwsst quarter (HE} Nwk) of Section 20,,TM, R19W, lying Northerly of the centerline 'of Et.41 roia~ County Trunk' Si*ws r "A"r(formerly ► kncvn as Hudso4-Mew tic>mood Ri&VM$ E . T"N EXCEPT the following parts of the above described tracts: $ •+f ~A~ O All land included vitLin the Plat of Willow Ridge Second F ~ Addition to the Town of Hudson as described in Vol. 4 of Plats, pige 25; Parcel deeded to Marlin 0. Amdahl and Ruth L. Amdahl as ?!:r described in Vol. 517, page 26, Document No. 324368; Parcel deeded to Roger 7. Hetchler as described in Vol. 517, page 114, Document number 324430. TOGETHER with an easement for street purposes over the Easterly 33 feet of said parcel deeded to Roger E. Hetchler as described in Vol. 517, Page 114, Document Number 324430. SUBJECT TO the right-of-way of said St. Croix County Truok Highway "e and to telephone easement adjacent to said highway as recorded ,Y in the office of said Register of Deeds. Purchaser agrees to purchase the Property and to pay to Vendor at: St. Croix Heights, Hudson, Wisconsin, the Base Purchase Price of $100,000.00, together with additional payments per lot, as follows: V 1. Base Purchase Price. The base purchase pr'ce of $100,000.00 shall paid in the following manner: $15,000.00 at the execution of this Contract, and the balance of $85,000.00 together with interest on such portions thereof as shall remain from time to time unpaid, at the rate of 10% per annum, until paid in full, as follows: (a) For each individual lot developed and sold by the Purchaser, Purchaser shall pay to Vendor a $2,000.00 principal payment, to be applied to the $85,000.00 base contract balance outstanding. V (b) A minimum annual payment of $15,000.00 principal shall be paid each year, excluding the year of sale. Each aer lot principal payment required above, shall be credited toward this $15,000.00 annual payment. (c) On December 1, 1985, and on December ist of each year thereafter, Purchaser shall pay to Vendor the differential between the required minimum principal payment of $15,000.00 and the total $2,000.00 per lot payments made during the preceding twelve (12) months, until the Base Purchase Price has been paid in full. (d) Interest on the principal balance of $85,000.00 shall accrue from the date of closing, with annual payments of interest due on the let day of December, each year, commencing December 1, 1984. W& J. 1Na~Mee 2. Additional Per Lot Payments. In addition to the foregoing Base Purchase •rrd.s.af~gr Price payments, Purchaser shall pay to Vendor additional per lot payments totaling not less than $;50,000.00, as follows: TuWen Spuare 502 Second S1 (a) No interest shall accrue on the principal sums paid to Vendor IN,awn. WIs under the terms of this Paragraph. 51018 715 388 8234 4 y VOL, b - -PWMUGsr shall pay to Vendorr the sun of $3,000.00 per ~ lot an all residential lots developed and'sold by Purchaser, ' subject to the condition that the minimum amount of payments r to be made to Bertelsen under this Paragraph `4? at least $150,000.00. shall total (c) During each year of this Contract that there is an outstanding contract balance of the Base Purchase Price (Paragraph 1(a)) there shall be no minimum annual principal payments under this paragraph. Commencing with the year following completion of payment of the Base Purchase Price, Purchaser shall pay to Vendor a minimum annual sum of $15,000.00 per year. (d) On the lot day of December of each year, Purchaser shall pay to Vendor the differential between the minimum -j; annual payment of $15,000.00 as provided in this Paragraph, and the total $3,000.00 per lot payments made during the preceding twelve month3, until the entire $150,000.00 minimum sum has been paid. Thereafter, if Purchaser sells any lots in excess of 50 lots, Purchaser shall pay to Vendor the am of $3,000.00 for any such additional lot sold, up to a total of 53 lots. ($159,000.00 total hereunder) Purchaser shall not be required to pay monthly payments to Vendor sufficient to pay reasonably anticipated annual taxes and special assessments. Any amount may be prepaid without premium or fee upon principal at any time. In the event of any prepayment, this Contract shall not be treated as in default with respect to payment so long as the entire balance of principal, and interest where required, is less than the amount that said indebtedness would have been had the monthly payments been made as set forth above. Purchaser states that Purchaser is satisfied with the title as shown by the Abstract of Title submitted to Purchaser for examination, except: Real estate mortgage to Sam E. Miller, dated February 1, 1980, recorded in Volume "608", Page 152, Document Number 362685. This mortgage shall remain the obligation of Vendor, who shall keep said mortgage current and in good standing. In the event Vendor fails to pay any required mortgage payment, Purchaser shall have the right to make such payment, and to deduct any payment so made from the sums due under the terms of this Contract. Purchaser agrees to pay the cost of future title evidence. Purchaser shall be entitled to take possession of the property on Closing. Purchaser promises to pay when due all taxes and assessments levied on the. Property or upon Vendor's interest in it and to deliver to Vendor on demand receipts showing such payment. Purchaser covenants not to commit waste nor allow waste to be committed on the Property, to keep the Property in good ter,antable condition and repair, to keep the Property free from liens superior to the lien of this Contract, and to comply with all laws, ordinances at:d regulations affecting the Property. Vendor agrees that in case the purchase price with interest and other moneys shall be fully paid and all conditoos shall be full performed at the times and in the manner above specified, Vendor will on demand, execute and deliver to the Purchaser, a Warranty Deed, in fee simple, of the Property, free and clear of all liens and encumbrances, except any liens or encumbrances created by the act or default of Purchaser, and except, subject to utility easements and covenants and restrictions of record. Bertelsen shall have the right to purchase one (1) lot from B b H for the sum of 55,000.00. Bertelsen may select his lot after B b H picks its first five lots. -2- VOL 6Wmx S ` Vendor shall consent to the platting of the premises into residential' subdivisions by Purchaser and Vendor shall be under an obligation to approve and'exscute subdivision plat* prepared and submitted by Purchaser. In addition to the Warranty Deed which Vendor shall deliver at time of ultimate closing, Vendor shall execute and deliver to Purchaser, individual Warranty Deeds covering the separate residential lots which Purchaser may sell, upon payment of the per lot payments set forth above. All costs of platting and costs incurred in preparation of individual deeds shall be Purchaser's expense. Purchases a£-ess that time is of the essence and (a) in the event of a default in the payment of any principal or interest which continues for a period of 60 days following the specified due date or (b) in the event of a default in performance of any other obligation of Purchaser which continues for a period of 60 days following written notice thereof by Vendor (delivered personally or mailed by certified mail), than the entire outstanding balance under this contract shall become immediately due and payable in full at Vendor's option and without notice (which Purchaser hereby waives), and Vendor shall also have the following rights and remedies (subject s to any limitations provided by law) in addition to thole provided by law or in equity; (i) Vendor may, at his option, terminate this Contract and Purchaser's rights, title and interest in the Property and recover the Property back through strict foreclosure with any ecuity of redemption to be conditioned upon Purchaser's full payment of the entire outstanding balance, with interest thereon from the date of default at the rate in effect on such date and other amounts due hereunder r; (in which event all amounts prev.onsly paid by Purchaser shall be forefeited as liquidated damages for failure to fulfill this Contract and as rental for the Property if purchaser fails to redeem); or (ii) Vendor may sue for specific F, peformance of this Contract to compel immediate and full payment of the entire outstanding balance, with interest thereon at the rate in effect on the date of default and other amounts due hereunder, in which event the Property shall be auctioned at judicial sale and Purchaser shall be liable for any deficiency; or t (iii) Vendor may sue at law for the entire unpaid purchase price or any portion thereof; or (iv) Vendor may declare this Contract at an end and remove this Contract as a cloud on title in a quiet-title action if the equitable interest of Purchaser is insignificant; and (v) Vendor may have Purchaser ejected from possession of the Property and have a receiver appointed to collect any rents, issues or profits during the pendency of any action under M, &i) or (iv) above. Notwithstanding any oral or written statements or actions of Vendor, an election of any of the foregoing remedies shall only be binding upon Vendor if and when pursued in litigation and all costs and expenses including reasonable attorneys fees of Vendor incurred to enforce any remedy hereunder (whether abated or not) to the extent not prohibited by law and expenses of title evidence shall be added to principal and paid by Purchaser, as incurred, and shall be included in any judgment. i Upon the commencement or during the pendency of any action of foreclosure of this Contract, Purchaser consents to the appointment of a receiver of the Property, including homestead interest, to collect the rents, issues, and profits of the Property during the pendency of such action, and such rents, issues, and profits when so collected shall be held and applied as the Court shall direct. Purchaser shall not transfer, sell or convey any legal or equitable interest in the Property (by assignment of any of Purchaser's rights under this Contract or by option, long-term lease or in any other way) without the prior written consent of Vendor unless either the outstanding balance payable under this Contract is first paid in full or the interest conveyed is a pledge or aseignment of Purchaser's interest under this Contract solely as security for an indebtedness of Purchaser. In the event of any such transfer, sale or conveyance without Vendor's written consent, the entire outstanding balance payable under this Concract shall become immediately due and payable in full, at Vendor's option without notice. Vendor may waive any default without waiving any other subsequen~ or prior default of Purchaser. -3- S 4 ' pp- NOL& 6WPxE 49 All terms of this Contract shall be binding upon and inure to the benefits of the heirs, legal representatives, successors and assigns of Vendor and Purchaser (If not an owner of the Property the spouse of Vendor for a valuable consideration joins herein to release homestead rights in the subject Property and agrees to r join in the execution of the deed to be made in fulfillment hereof.) Dated this 29th day of May, 1984. VENDOR: PURCHASER: B.S H EVELOfWT, INC. BY : C- Arnold R. Bertelsen a/k/a A.R. Bertelsen Donald E. Bjornst, President ATTEST: Virg aA. Bertelsen William C. Harwell, Secretary Authentication: Signature(s) of rneld R. Bertelsen, C: p Virginia A_ B-rtala n~ hie vifp- and nQnsld E_ Biornatad and William C. t rl~ Harwell- President and Secretary reoggCtiVel- -9 U IL Inc., authentic _ day of May, 19 William J. Radosevich Member State Bar of Wisconsin. I This instrument drafted by: William J. Radosevich Attorney at Law Hudson, Wisconsin 54016.