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RESOLUTION #loo-86
(As Amended)
APPROVAL OF SUBDIVIDERS AGREEMENT
AUD MAR ESTATES
WHEREAS, the final plat of Aud Mar Estates Subdivision was
approved by the Common Council in October, 1985 and must be re-
approved in order to be recorded, and
WHEREAS, the Subdividers Agreement with attached Declaration of
Restrictions have been submitted, and
WHEREAS, the Plan Commission has recommended approval subject
to resubmittal of the road plan showing a turnaround at the
west end of the development and review by the Common Council of
dated 4130186, and
the recommended changes by the City Attorney in his letter
WHEREAS, said turnaround has been included in the Final Plat
and the changes recommended by the City Attorney have been
incorporated into the Subdividers Agreement.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
Agreement for Aud Mar Estates Subdivision and re-approves the
City of Muskego does hereby approve the attached Subdividers
Final Plat with the changes as required by the Plan Commission
and showing the new ownership of the property.
BE IT FURTHER RESOLVED that this approval is subject to receipt
of payment of any and all attorney, engineer, administrative,
etc. fees.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to execute the necessary documents in the name of the City.
DATED THIS 27th DAY OF May , 1986.
Wayn+ ai&+- G. Sa 4 entine, A& Mayor
.
SUBDIVIDER'S AGREEMENT
This agreement, made this " day of "_ s 1986
by and between ROBERT W. KLENZ, the "Developer", and the CITY OF
MUSKEGO, a municipal corporation of the State of Wisconsin,
located in Waukesha County. hereinafter called the "City".
WITNESSETH
WHEREAS, Developer has submitted for approval by the City a
proposed final plat for Aud Mar Estates. a residential
subdivision, a copy of which is attached hereto, made a part
hereof and marked Exhibit "A" (the "Subdivision") ; and
WHEREAS, 5236.13 of the Wisconsin Statutes provides that as
a condition of plat approval, the governing body of the City may
require that the Developer make and install certain public
improvements reasonably necessary for the Subdivision and
further, may require dedication of public streets, alleys or
other ways within the Subdivision, to be conditioned upon the
construction of said improvements according to municipal
specifications without cost to said municipality; and
WHEREAS, the City's Engineers have duly approved the
Developer's plans and specifications for Subdivision improvement
and the Common Council has duly approved and authorized the terms
and provisions of this agreement and approved the final plat of
Aud Mar Estates.
NOW, THEREFORE, in consideration of the covenants herein
contained, the partles hereto agree as follows:
SECTION I. IMPROVEMENTS:
The Developer, entirely at ita expense, ahall:
A. Roads and Streets: Grade and improve all roads and
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streets in accordance with the plat of said Subdivision and the
plans and specifications attached hereto, made a part hereof and
marked Exhibit "B", all in accordance with the City's street
specifications.
8. Surface Water Drain-: -
1. ~onstruct, install, furnish and provide adequate
facilities as approved by the City Engineer and Public Work.
Committee for storm and surface water drainage throughout the
entire subdivision, in accordance with the plana and
specifications attached hereto, made a part hereof and marked
Exhibit "C".
2. The City shell furnish to the Developer such permits
or easements as may be required in any public street or property
to enter upon and install the above described surface water
drainage system.
C. "_ Landscaping:
1. Preserve existing trees. wherever possible, in the
construction of Subdivision improvements.
2. Remove and lawfully dispose of all old barns,
outbuildings, destroyed trees, brush, tree trunks, shrubs and
other similar natural growth and all rubbish.
SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS:
The improvements set forth in Section I above shall be
completed by the Developer in total within twelve (12) months of
the date of this agreement or recording of the final plat,
whichever date comes first.;
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0 SECTION 111. DEDICATION:
Subject to all of the other provisions of this agreement,
Developer shall, vithout charge to the City, upon completion of
the above described improvements, unconditionally give, grant,
convey and fully dedicate the roads and streets, storm and
surface water drainage facilities to the City, its success~rs and
assigns, forever, free and clear of all encumbrances whatever,
together with and including, without limitation because of
enumeration, any and all land, buildings, structures, mains,
conduits, pipes, lines plant, machinery, equipment, appurtenances
and hereditaments vhich may in any way be a part of or pertain to
such improvements and together with any and all necessary
easements for access tn-ereto.
I
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- SECTION IV. - INSPECTIONS ""_ AND ADMINISTRATION FEES: -
The Developer shall pay and reimburse the City all fees as
required and at the times specified in 110 of its Land Division
e Ordinance.
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SECTION V. MISCELLANEOUS RWIREMENTS:
The Developer shall:
A. Easements: Provide any easements on Developer's land
deemed necessary by the City Engineers before the final plat is
signed, provided such easements are so located as not to render
any lot unbuildable or unsaleable.
Street Signs: Reimburse the City for the cost of a11
street signs and posts and the cost of their installation, this
to include all traffic signs.
B. -
C. Manner of Performance: Cause all construction called
for by this agreement to be carried out and performed in a good
and vorkmanlike manner.
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D. Surveynuments: Properly place and install any
survey or other monuments required by statute or ordinance.
-" ""
E. Deed Restrictions: Execute and record deed
restrictions in the form attached hereto, made a part hereof and
marked Exhi bit "D".
F. Grades: Furnish to the Building Inspector of the City
a copy of Exhibit "A" showing the' street grade in front of each
lot, the yard grade and the grade of all four corners of each
lot.
""
"""""_ SECTION VI. GUARANTEES:
The Developer shall guarantee the surface vater drainage
improvements and other improvements described in Section 1, items
A, B and C hereof, :&gainst defects due to faulty materials or
workmanship provided that such defects appear within a period of
one (1) year from the date of dedication and acceptance. The
Developer shall pay for any damages to City property resulting
from such faulty materials or vorkmanship.
SECTION VII. GENERAL INDEMNITY:
In addition to, and not to the exclusion or prejudice of,
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any provisions of this agreement or documents incorporated herein
by reference, Developer shall indemnify and save harmless the
City, its officers, agents and employeea, and shall defend the
same from and against any and all liability, claims, loss
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damagea, interest actions, suits, judgments, costs, expenses,
attorney's fees, and the like to vhomsoever owed and by
whomsoever and vhenever brought or obtained, vhich may in any
manner result from or arise in the course of, out of, or as a
result of the Developer's negligent construction or operation of
improvements covered thereby, or its violation of any lav or
ordinance, the infringement by it of any patent, trademark, trade
name or copyright, and its uae of road improvements prior to
their formal dedication and acceptance to the City.
SECTION VIII. AGREEMENT FOR BENEFIT OF PURCHASERS: -
The Developer agrees that in addition to the City's righta
herein, the provisions of this agreement shall be for the benefit
of the purchaser of any lot or any intereat in any lot or parcel
of land in the Subdivision.
SECTION IX. ACCEPTANCE OF WORK AND DEDICATION: "-
An and when the Developer shall have completed the
improvements herein required, and shall dedicate the same to the
City as set forth herein, the same shall be accepted by the City
if said improvements have been completed as required by this
agreement and as required by applicable City ordinances and other
applicable lev and approved by the City Engineers.
SECTION X. CONSTRUCTION PERMITS ETC - L"2'
1. The City shall, vithin ita authority, issue ouch
permits, adopt such resolutions, and execute such documents as
may be necessary tdpermit Developer to construct the
improvements in accordance vith plans and specifications called
for by this agreement, upon Developer's compliance vith any
deposit provisions or other requirements of the applicable
ordinances or regulations; and the City ahall cooperate with
Developer in obtaining similar permits, resolutions and documents
as may be necessary *from other authoritiea having jurisdiction in
the premises.
2. The City shall, a8 a condition of the Developer
executing this agreement, make available to the Developer or its
e nominee successors or assigns, building permits for the
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construction of thirteen (13) single family residences subject to
the provisions of Section XI.
SECTION XI. BUILDING AND OCCUPANCY PERMITS: "- "" """"
The Developer shall be allowed to construct no more than two
(2) model homes. It is expressly understood and agreed that no
building permits shall be issued, nor shall any occupancy permite
be issued either for the said model homes, or any other homes,
until the City's Engineers have determined that:
A. The never and surface water drainage facilities required
to serve such homes are connected with an operating system as
required herein, and
B. That the City's Engineers have approved the condition of
the roads then existing to serve such homes as sufficient to
service the traffic reasonably anticipated during the period
prior to the date when the roads must be completed and dedicated.
SECTION XII. GENERAL CONDITIONS AND REGULATIONS:
All the provisions of the City's ordinances are incorporated
" "
herein by reference, and all such provisions shall bind the
parties hereto and be a part of this agreement as fully as
forth at length herein. This agreement and all work and
improvements required hereunder shall be performed and carr
out in strict accordance with and subject to the provisions
said ordinances.
SECTION XIII. FINANCIAL GUARANTEE:
Prior to execriiion of this contract by the City, the
" """"
if set
ied
of
Developer shall file uith the City a letter of credit setting
forth terms and conditions approved by the City Attorney in the
amount of $50,000.00 as a guarantee that the required
improvements will be completed by the Developer and his
subcontractors no later than one (1) year from the date of the
recording of the final' plat or the date of the agreement,
whichever date comes first, and as a further guarantee that all
obligations to the subcontractors for work on the development are
satisfied.
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SECTION XIV. PARTIES BOUND:
Developer or its assignees shall be bound by the terms of
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this agreement or any part herein as it applies to any phase of
the development of the Subdivision.
IN WITNESS WHEREOF, Developer and City have caused thie
agreement to be signed by their appropriate officers and their
seals to be hereunto affixed in duplicate original counterparts
on the day and year first written above.
DEVELOPER CITY OF MUSKEGQ
"_ By:
ROBERT W. KLENZ
""-
WAYNE G. SALENTINE, Mayor
By:
CHARLOTTE L. STEWART, Clerk
""
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DECLARATION OF RESTRICTIONS
for
AUD MAR ESTATES
KNOW ALL PERSONS BY TESE PRESE~S, that the undersigned, Robert W. Klenz,
hereinafter known as "The Developer. and being the owner of the property known
as: AUD MAR ESTATES, consisting initially of'l3 single family lots, does hereby
intend to establish a general plan for the use, occupancy and enjoyment of said
subdivision: therefore, Developer does hereby declare that all lots therein shall
be subject to the following restrictions, which shall remain in force for a
period of Fifty (50) years from the date of the recording hereof.
1. GENERAL PURPOSES: The purpose of this Declaration is to insure the
best use and most approprate development and improvement of each building site
thereof; to protect owners of building sites against such use of surrounding building
Sites as Will detract from the residential value of their property; to guard
against the erection thereon of poorly designed OK proportioned structures; to
obtain harmonious use of material and =lor schemes; to insure the highest and
best residential development of said property; to encourage and secure the erection
of attractive homes thereon with appropriate locations thereof on building sites;
to prevent haphazard and inharmonious improvement of building sites; to Secure
and maintain proper setbacks from street and adequate free spaces between structures;
and in general to provide adequately for a high type and quality of improvement in
said property, and thereby to preserve and enhance the value of investments made by
purchasers of building sites therein.
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2. No lot shall be used for other than single family residential purposes.
All structures shall be designed by a person experienced in residential design Or
a professional engineer or architect. All buildings shall be canpleted within the
alloted time set by the Clty of Huskego in its' Ordinances, or within the period
of one (1) year from the stat 02 construction, whichever period shell be Shorter.
3. The size and heights of the buildings shall be as follows: No duelling
shall exceed two and onehalf (24) stories in height. The minimum building area
exclusive of porches, bays, patios, breeze-ways and similar additions, shall not
be less than the following schedule, to-wit:
.. .
A. One (1) story dwelling...1400 Square Feet, Minimum
B. One and one-half (14) story dwelling...1600 Square Feet
minimum with a minimum of 1000 Square Feet on first floor.
C. TWO (2) story dwelling...1600 Square Feet minimum with a
minimum of 1000 Square Feet on first floor.
D. Split Leve1...1600 Square Feet, minimum with a minimum
of 1000 Square Feet on the upper two levels.
E. Bi-Leve1...1600 Square Feet, minimum with a minimum of
1400 Square Feet on the upper level.
Above square footage minimum requirements reflect actual living area.
Each dwelling shall have a minimum of one and one-half (14) baths. No garage
shall be smaller that two cars in size or larger than 3 cars in size and shall
be either an integral part of the dwelling or annected by a porch or breeze-way
to the dwelling. All residences shall have full basements with the exception
of Split level or Bi-level homes.
4. No structure of any kind shall be moved onto any lot and no living
quarters of temporary character shall be permitted at any time, it being'the
intention that only permanent private dwellings and garages shall be permitted.
No boat, trailer, camper or trucks may be parked on the premises outside of the
garage unless it is properly screened from view from adjoining properties or
roadway. Periods of construction, remodeling and deliveries shall be exceptions-
KO lot shall be used in whole OK in part for the storage of rubbish or building
materials of any character whatsoever, nor for the storage of any property OK
thing that will cause such lot to appear in an unclean or untidy condition Or
that will be obnoxious to the eye; nor shall any substance, thing or material
be kept upon any lot that will omit foul or obnoxious odors or that will cause
any noise that will or might disturb the pease, quiet, comfort or serenity of the
occupants of surrounding property.
5. All electric and telephone lines shall be placed underground.
6. No animales, livestock OF ppultry of any kind ahall be raised, bred
or kept on any lot except not mre than two dogs, two cats, or Other small houf~e-
hold pets are permitted provided they are not maintained for -ercid pUrposeS*
'>
(2)
7. The undersigned reserves the right to set finished yard grades of all
buildings, pools, fences, or other structures to be erected or constrrrted. All
dirt from excavations upon any lot which is not used on the premises shall be
deposited in such places within the suMivision as shall be directed by the
undersigned, without cast to the undersigned, if requested by the undersigned.
8. In order to maintain harmony in appearance and to protect the owners Of
the lots in the subdivision, no building or other structure shall be erected,
constructed or maintained upon any lot, nor shall any substantial change or
alteration be made to existing structures, unless the complete plans and speci-
fications thereof shall have been approved in writing by the Undersigned OK its
designated representatives, who will act as the architectural control committee.
A. The decisions of such comittee with respect to such matters shall be
final and binding upon all parties. The committee shall have the right to refuse
to approve any such plan or specifications which in the conclusive judgment of
a majority of its members, are not in conformity with these restrictions or are
not desirable aesthetically, or for any other reasons. In passing upon such plans
and specifications,the camittee may take into consideration the suitability of
the proposed building or other structures, its design, elevation and the materials
of which it is to be constructed on the proposed site; the harmony thereof with the
surrounding buildings, and the view from the adjacent property. All decisions Of
the cormnittee on said matters shall be final. The committee shall have the right
to waive minor infractions or deviations from these restrictions in cases Of
hardship.
B. Neither the undersigned nor its designated representative shall be
entitled to compensation for services performed pursuant to this covemnt. In
the event of the death or resignation or refusal to act of any of the member of
the comittee while any unimproved lot remains unsold by the sellers or its
successors or assigns, then a succeswr to such member of the cornittee shall be
appointed in writing by the urdersigned or its successors or assigns. When all
the unimproved lots in the subdivision have been Bold by the undersigned, OK
it successors or assigns, the mdttee shall thereafter consist Of three (3)
persons, who 6hall be elected by a majority of the owners of the improved lot8
in the subdivision.
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c. These restrictions shall be deemed and construed to run with the land and
shall be binding upon all of the respective purchasers of each of the said lots
and upon all persons holding or claiming through them. The present buyer, and
the successive buyers of said property assume all responsibility for making known
the contents of this document to any further prospective buyers in the event of
selling said property. Upon violation of any one or more of these restrictions
by any person or entity, any owner of any lot in Aud Mar Estates, or any member
of the committee shall have the right, but not the obligation, to proceed at
law against the person or persons so violating and is entitled to both equitable
and legal relief. Invalidation of any one of these covenants and restrictions
by judgment or court order shall in no way affect any of the other provisions,
each of which shall be construed and deemed severable, and all of which not so
invalidated shall remain in full force and affect.
9. LANDSCAPE ARCHITECTURAL CONTROL: All landscaping must be completed
within one (1) year after the completion of the residence. Said landscaping must 0 ’ include a hard surfaced drive. No permanet gravel drive will be permitted. The
hard surface drive with concrete, asphalt or similar material must be installed
within one (1) year fran the date the premises are occupied. won construction.
Developers have selected and approved an electric lamp and post, with photo
electric cell, which the lot buyer or his representative, shall purchase aryl
install where the driveway abuts the lot line. The cost of the lamp and Wst to
be paid by the purchasers at the time of closing. The lamp and post nust be
permanently installed and in operating condition before occupancy of premises
is taken by ovner.
10. SURFACE WA’l’ER DRAIWEr Each lot owner must strictly adhere to, and
finish grade his lot in accordance vith the Wster grading plan on file in the
office of the developer or the office of the city building inspector. The
Developer and/or the City Building Inspector shall have the right to enter upon
any lot, at any time, for the purpose or inspection, maintenance and correction
of any drainage condition. -
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11. ~ny violation of these restrictions which shall exist for a period of
one (1) year without a written protest thereof being received by the owner of
the lot involved shall not be considered a violation thereafter. These restrictions
may be changed, modified and amended by the committee with the consent of 60%
of the owners of the lots in the subdivision. Each lot in the Subdivision shall be
entitled to one (1) vote in determining said consent. These restrictions shall
be deemd and construed to run with the land and shall be binding upon the
respective owners of each of said lots and upon all persons holding OK claiming
under or through them.
12. The owner of each lot in Aud Mar Estates Sub division shall be required
to be a member of Aud 1.b~ Estates Home Owners Association, Inc., in accordance
with the provisions and by-laws of the said association.
The Association shall have the power to levy and assess periodic charges and
special assessments equally, against each lot in the Subdivision, for the purpose
of carrying on the Associations business and affairs, for the purpose of.operating
the Architectural Control Committee, for the purpose of maintaining or improving
the common properties and facilities, if any, within the subdivision, and for other
lawful activities directly related to the purposes of the Association as stated
in its Articles of Incorporation.
IN WITNESS IiHEREOF, I have hereunto set my hand and seal this
day of , 1986.
Robert W. Klenz
STATE OF WJSSONSIN)
15s.
WAJAUKESHA cm )
Personally came before me this - day of -# 1986, the above named
Robert W. Klenz to me known pergcnally as the person who executed the foregoing
instrument and acknowledged the same.
Draftedby: Robert W. Klenz
NOTARY PUBLIC, STATE OF WISONSIN
My Commission Expires:
RESOLUTION #loo-86
APPROVAL OF SUBDIVIDERS AGREEMENT
AUD MAR ESTATES
WHEREAS, the final plat of Aud
approved by the Common Council, and
WHEREAS, the Subdividers Agree
Restrictions have been submitted, and
WHEREAS, the Plan Commission h
west end of the development an
to resubmittal of the road pla
dated 4130186.
the recommended changes by the
NOW, THEREFORE, BE IT RESOLVED
City of Muskego does hereby ap
Agreement for Aud Mar Estates
compliance with the Plan Commi
of the road plan showing a tur
development, and including the
City Attorney in his letter da
Common Council.
BE IT FURTHER RESOLVED that th
to execute the necessary docum
a
Wayne G. Salentine, Mayor
ATTEST :
City Clerk
5/86
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