CCR1986116. . i
RESOLUTION #116-86
APPROVAL OF SUBDIVIDER'S AGREEMENT
(DURHAMSWOOD)
WHEREAS,
approved
WHEREAS,
Restrict
WHEREAS,
the final plat of Durhamswood Subdivision has been
by the Common Council, and
the Subdividers Agreement with attached Declaration of
ions have been submitted, and
the Plan Commission has recommended approval.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
Agreement for Durhamswood Subdivision.
City of Muskego does hereby approve the attached Subdividers
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to execute the necessary documents in the name of the City.
DATED THIS a7 DAY OF
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ATTEST :
SUBDIVIDER'S AGREEMENT -
This agreement, made this day of 1 1986
by and between ROBERT Y. KLENZ h HENRY K. OSBURN, the
"Developers", and the CITY OF MUSKEGO, a municipal corporation Of
the State of Wisconsin, located in Waukesha County, hereinafter
called the "City".
WITNESSETH
WHEREAS, Developers have submitted for approval by the City
a proposed final plat for Durhamswood, 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 Developers make and install certain public
improvements reasonably necessary for the Subdivision and
further, may require dedication of public streets, alleys or
other vays uithin the Subdivision, to be conditioned upon the
construction of said improvements according to municipal
specifications without cost to said municipality; and 0
WHEREAS, the City's Engineers have duly approved the
Developers' 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
Durhamsuood. .h
NOW, THEREFORE, in consiperation of the covenants herein
contained, the parties hereto agree as follows:
SECTION 1. IMPROVEMENTS:
The Developers, entirely at their expense, shall:
A. Roads and Streets: Grade and improve all roads and
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streets in accordance uith 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.
B. Surface Water Drainage:
1. Construct, install, furnish and provide adequate
facilities as approved by the City Engineer and Public Works
Committee €or storm and surface water drainage throughout the
entire subdivision, in accordance with the plans and
specifications attached hereto, made a part hereof and marked
Exhibit "C".
2. The City shall furnish to the Developers 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 poss
construction of Subdivision improvements.
2. Remove and lawfully dispose of all old
ible, in the
barns,
outbuildings, destroyed trees, brush, tree trunks, shrubs and
other similar natural grovth and all rubbish.
SECTION 11. TIME OF COHPLETlON OF IHPROVEHENTS:
The improvements set forth in Section I above shall be
completed by the Developers in total within twelve (12) months of
the date 05 this agreement or recording of the final plat,
vhichever date comes first.;
SECTION 111. DEDICATION:
Subject to all of the other provisions of this agreement,
Developers shall, without 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 vater drainage facilities to the City, its successors and
assigns, forever, free and clear of all encumbrances whatever,
togelher with and including, vithout 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 thereto.
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SECTION IV. INSPECTIONS AND ADMINISTRATION FEES:
The Developers shall pay and reimburse the City all fees as
required and at the times specified in 110 of its Land Division
Ordinance.
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SECTION v. MISCELLANEOUS REZIREMENTS:
The Developers shall:
A. Easements: Provide any easements on Developers' land
deemed necessary by the City Engineers before the final plat is
signed, provided such easements are so located 86 not to render
any lot unbuildable or unsaleable.
8. Street Sigls: Reimburse the City for the cost of all
street signs and posts and the cost of their installation, this
to include all traffic signs.
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C. Manner of Performance: Cause all construction called
for by this agreement to be carried out and performed in a good
and workman1 i he manner.
D. Survey Uonuments: Properly place and install any
survey or other monuments required by statute or ordinance.
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E. Deed Restrictions: Execute and record deed
restrictions in the form attached hereto, made a part hereof and
marked Exhibit "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.
G. Streel Trees: Plant street trees in accordance with
Resolution P.C. 72-76.
H. Sight Distances at Intersections: Restrict lot6 60
Lhat no fence, wall, hedge, or shrub planting which obstructs
sight lines at elevations between Two (2) and Six (6) feet above
the roadways shall be placed or permitted to remain on any corner
loL within the triangular area formed by the street property
lines and a line connecting them at points twenty-five (25) feet
from the intersection of the street lines, or in the case of a
rounded property corner, from the intersection of the street
property lines extended.
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1. Access Restricted: Restrict acces6 so that no
driveway access directly to Woods Road shall be permitted for
Lots 8 and 9. Access shall be to Freedom Avenue only.
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SECTION VI. GUARANTEES:
The Developers shall guarantee the surface water drainage
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improvements and other improvements described in Section I, items
A, B and c hereof, against 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
Developers shall pay for any damages to City property resulting
from such faulty materials or workmanship.
SECTION VII. GENERAL INDEMNITY:
In addition to, and not to the exclusion or prejudice of,
any provisions of this agreement or documents incorporated herein
by reference, Developers shall indemnify and save harmless the
city, its officers, agents and employees, and shall defend the
same from and against any and all liability, claims, loss
damages, interest actions, suits, judgments, costs, expenses,
attorney's fees, and the like to whomsoever owed and by
whomsoever and whenever brought or obtained, which may in any
manner result from or arise in the course of, out of, or as a
result of the Developers' negligent construction or operation of
improvements covered thereby, or its violation of any law or
ordinance, the infringement by it of any patent, trademark, trade 0
name or copyright, and its use of road improvements prior to
their formal dedication and acceptance to the City,
SECTION VlI1. AGREEMENT FOR BENEFIT OF PURCHASERS:
The Developers agree that in addition to the City's rights
herein, the provisions of this agreement shall be for the benefit
of the purchaser of any lot or any interest in any lot or parcel
of land in the Subdivision.
SECTION IX. ACCEPTANCE OF WORK AND DEDICATION:
As and when the Developers 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 law and approved by the City Engineers.
SECTION X. CONSTRUCTION PERMITS ETC.:
1. The City shall, within its authority, issue such
permits, adopt such resolutions, and execute such documents as 0
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may be necessary to permit Developers to construct the
improvements in accordance vith plans and specifications called
for by this agreement, upon Developers' compliance vith any
deposit provisions or other requirements of the applicable
ordinances or regulations; and the City shall cooperate vith
Developers in obtaining similar permits, resolutions and
documents as may be necessary from other authorities having
jurisdiction in the premises.
2. The City shall, as a condition of the Developers
executing this agreement, make available to the Developers or
their nominee successors or assigns, building permits for the
construction of seventeen (17) single family residences subject
to the provisions of Section XI.
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SECTION XI. BUILDING AND OCCUPANCY PERMITS:
The Devclopers shall be alloved to construct no more than
two (2) made1 honNes. It is expressly undetstood and agreed that
no building pcrmits shall be issued, nor shall any occupancy
perr;its be iscurd either for the said model homes, or any other
horn?$, until the City's Engineers have determined that:
A. Thr sc-ver and surface vater drainage facilities required
to serve F::c!, hones are connected vith an operating system as
required herein, and
6. Thit the City's Engineers have approved the condition of
the roadt then existirg to serve such homes as sufficient to
service !he traffic reasonably anticipated during the period
pr io, to the dile when the roads must be completed and dedicated.
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11:: :.:I I. GENERAL CONDITIOKS AND REGULATION'S:
he ~rc~visions of the City's ordinances are incorporated
rrfrrcnce, and all such provisions shall bind the
reto and be a part of this agr.eement as fully as if 6et
ength herein. This agreement and all vork and ;
improvenents required hereunder shall be performed and carried
out in strict accordance vith and subject to the provisions of
said ordinances.
SECTION XIII. FINANCIAL GUARANTEE:
Prior to execution of this contract by the City, the
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Developers shall file vith the City a letter of credit setting
forth terms and conditions approved by the City Attorney in the
amount of $ as a guarantee that the required
improvements vi11 be completed by the Developers and their
subcontractors no later than one (1) year from the date of the
recording of the final plat or the date of the agreement,
vhichever dste comes first, and a6 a further guarantee that all
obligations to the subcontractors for vork on the development are
satisfied.
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SECTION XIV. PARTIES BOUND:
Developers or their assignees shall be bound by the terms of
this agreement or any part herein as it applies to any phase of
the development of the Subdivision.
IN WITNESS WHEREOF, Developers and City have caused this
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.
DEVELOPERS-JOINTLY 6 SEVERALLY CITY OF MUSKEG0
""_""""""""""" By:
ROBERT W. KLEWZ WAYNE G. SALENTINE, Mayor
~"""""_"""""""~ By :
HENRY K. OSBURN CHARLOTTE L. STEWART, Clerk
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~ . .,
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DECLARATION OF RESTRICTIONS
for
DURHAMSWOOD
KNOW RLL PERSONS BY THESE PRESENTS. that the undersigned. Robert w.
Klenz, and Henry K. Osburn, hereinafter known as "The Developer" and
being the owner of the property known as : DURHAMSWOOD. being a sub-
division of a part of the NE 1/4, SE 1/4. and SW 114 Of section 11,
T5N. R 20 E, in the City of Muskecjo, Waukesha County, WI. and
consisting'initially of 17 single family lots, does hereby intend
to establish a general plan for the use, occupancy and enjoyment of
said subdivision: therefore, Developer doe8 hereby declare that all
lots therein shall be subject to the following restrictions, which
shall remain in force for a period of Fifty (SO) 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 or proportioned structures: to
obtain harmonious use of material and color schemes: to insure the
highest and best residential development of said property: to
encourage and secure the erection of attractive home8 thereon dith
appropriate locations thereof on building sites; to prevent haphazard
and inharmonious improvement of building sites: to secure and main-
tain 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.
t 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 completed within the alloted time set by the City
of Muskego in its' Ordinances, or within the period of one (1) year
from the start of construction, whichever period shall be shorter.
3'. The size and heights of the building shall be as follows: No
dwelling shall exceed two and one-half (2%) stories in height. The
minimum building area exclusive of porches, bays. patios, breeze-ways
and similar additions, shall not be leas that the following schedule,
to-wit:
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i. . . .
One (1) story dwelling ... 1400 Square Feet, Minimum
One and one-half (16) story dwelling.. -1600 Square Feet
minimum with a minimum of 1000 Square Feet on first floor.
Two (2) story dwelling. ..1600 Square Feet minimum with a
minimum of 1000 Square Feet on first floor.
Split Leve1...1600 Square Feet, minimum with a minimum
of 1000 Square Feet on the upper two levels.
Bi-Level ... 1600 Square Feet, minimum with a minimum of 4
1000 Square Feet on the upper level.
A.
B.
C.
D.
E.
Above sqaure footage minimum requirements reflect actual living 1
area. Each dwelling shall have a minimum of one and one-half (I+)
baths. No garage shall be smaller than two cars in size or larger than
3 cars in size and shall be either an integral part of the dwelling
or connected by a porch or breeze-way to the dwelling. All reeidences
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 lot shall be used in whole or in
part for the storage of rubbish or building materiala of any character 0
whatsoever, nor for the storage of any property or 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 odor: or that will
cause any noise that will or might disturb the peace quiet. comfort
or serenity of the occupants of surrounding property.
.* 5. All electric, gas and telephone lines shall be placed under-
ground.
I 6. No animals, livestock or poultry of any kind shall be raised,
bred or kept on any lot except not more than two dogs, two cats, or
maintained for commercial purposes.
I other small household pets are permitted provided that they are npt
7. The undersigned reserves the right to set finished yard
grades of all buildings, pools, fences, or other structures to be
erected or constructed. All dirt from excavation8 upon any lot
which is not used on the premises shall be deposited in such places
within the subdivision as shall be directed by the undersigned,
without cost to the undersigned, if requested by the undersigned.
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8. 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 docu-
ment 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 Durhamswood 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 restric-
tions by judgement or court order shall in no way affect any of the
other provisions, each of which shall be construed and deemed sever-
able, 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 include a hard surfaced drive. NO permanent
gravel drive will be permitted. The hard surface drive with concrete.
asphalt or similar material must be installed within one (1) year
from the date the premises are occupied upon construction.
10. SURFACE WATER DRAINAGE: Each lot owner must strictly
adhere to, and finish grade his lot in accordance with the master
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 of inspection, maintenance and correction
of any drainage condition.
11. Any 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 be considered a
violation thereafter. These restrictions may be changed, modified
and amended 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
deemed and construed to run with the land and ahall be binding upon
the respective owners of each of said lots and upon all pereons
holding or claiming under or through them.
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.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
day of , 1986.
BY:
Robert W. Klenz
BY:
Henry K. Osburn
STATE OF WISCONSIN)
WAUKESHA COUNTY
Personally
named Robert W.
came before me this day of , 1986, the above
Klenz to me known personally as the pereon who executed
the foregoing instrument and acknowledged the same.
NOTARY PUBLIC. STATE OF WISCONSIN
! My Commission Expires: Drafted by: Robert W. K)enz
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