CCR1986204RESOLUTION #204-86
(As Amended)
APPROVAL OF DEVELOPER'S AGREEMENT
KURER/BUSHBERGER
WHEREAS, the certified survey maps for the Kurer/Bushberger
divisions in the NW 1/4 of Section 12 have been approved by the
Common Council, and
WHEREAS, the Developer's Agreement with attached Declaration of
Restrictions has been submitted, and
WHEREAS, the Finance Committee has recommended approval,
subject to review by the City Attorney.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Finance
Committee, does hereby approve the attached Developer's
Agreement for the Kurer/Bushberger divisions, subject to
approval by the City Attorney and City Engineer and payment of
all costs required by Section 10 of the Land Division
Ordinance.
condition that the City Attorney's suggestions in his letter of
BE IT FURTHER RESOLVED that this approval is subject to the
September 8, 1986 are included in the re-draft of the
Developer's Agreement.
BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized
to execute the necessary documents in the name of the City.
DATED THIS 9th DAY OF September , 1986.
APPROVAL OF DEVELOPER'S AGREEME
KURERIBUSHBERGER
WHEREAS, the certif
divisions in the NW
Common Council, and
WHEREAS, the Develo
Restrictions has be
WHEREAS, the Financ
subject to review b
NOW, THEREFORE, BE
City of Muskego, up
Committee, does her
Agreement for the K
approval by the City Attorney
BE IT FURTHER RESOL
to execute the nece
DATED THIS
FINANCE COMMITTEE
Ald. Edwin P. Dumke
Ald. Mitchel Penovich
Ald. Daniel J. Hilt
ATTEST :
DEVELOPER'S AGREEMENT
This agreement, made this day of , 1986, by
the State of Wisconsin, located in Waukesha County, hereinafter
"Developers" and the City of Muskego, a municipal corporation of
called the "City".
6 and between Lynn L. Kurer and Wayne W. Bushberger, the
WITNESSETH:
WHEREAS, Developer has submitted for approval by the City, a
proposed Land Division by Certified Survey Maps resulting in
as Exhibit "A", "B", "C", and "D" (the "Land Division"). Being a
several minor subdivisions, copies of which are attached hereto
subdivision of a part of the NW 114 of Section 12, T5N, R20E, in
the City of Muskego, Waukesha, WI, and
WHEREAS, the subject Land Division consists of minor"
subdivisions and is, therefore, not subject to Section 236.13 of
the Wisconsin Statutes, but the Developer, nevertheless, is
willing to make and install certain public improvements
reasonable necessary to service certain portions of the Land
Division, and further, is willing to dedicate a public street
within the Land Division, and to construct such improvements
according to municipal specifications without cost to said
municipality; and
Developer's plans and specifications for Land Division
authorized the terms and provisions of this agreement, and
improvement and the Common Council has duly approved and
approved the final Certified Survey Maps.
contained, the parties hereto agree as follows;
I,
WHEREAS, the City's engineers have duly approved the
NOW, THEREFORE, in consideration of the covenants herein
SECTION I. IMPROVEMENTS:
The Develouer, entirely at its expense, shall:
A. SURFACE WATER DRAINAGE: 1. Construct, install, furnish
and provide adequate facilities as have been approved by the City
Engineer and Public Works Committee prior to the execution hereof
plans and specifications attached hereto as Exhibit "E". It is
for storm and surface water drainage, in accordance with the
understood and agreed that the present topography is sufficient
to provide for good and adequate water drainage and that the only
road, sanitary sewer, surface water drainage, and storm sewer
improvements required are those which are set forth at Exhibit
only lots 7 and 8 of Exhibit "B", and lots 11 , 12, and 13 of "E". It is recognized that such improvements touch and concern
Exhibit "D", although the sanitary sewer which serves the
foregoing lots shall travel through the easement shown at lot 10
of Exhibit "C".
2. The City shall 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
sys tem.
B. LANDSCAPING: 1. Preserve existing trees, wherever
possible, in the construction of Land Division improvements.
2. Remove and lawfully dispose of all old barns,
other similar natural growth and all rubbish, as may be on the
outbuildings, destroyed trees, brush, tree trunks, shrubs and
subject land.
SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS: The
improvements set forth in Section I above shall be completed by
the Developer in total within Eighteen months of the date of this
agreement.
SECTION 111. DEDICATION
Subject to all of the other provisions of this agreement,
Developer 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 water drainage facilities, to the City, Its successors
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 which may in any way be a part of or pertain to
such improvements and together with any and all necessary
easements for access thereto.
fi SECTION IV. INSPECTIONS AND ADMINISTRATION FEES:
The Developer shall pay and reimburse the City all fees as - required and at- the times' specified in Section 10 of its Land
Division Ordiance.
SECTION V. MISCELLANEOUS REQUIREMENTS:
The Developer shall:
A. Easements: Provide any easements on Developers land
deemed necessary by the City's engineers before the final plat is
any lot unbuildable or unsaleable or materially less valuable.
signed, provided such easements are so located as not to render
Land Division and the City shall, therefore, not require the
erection of street signs.
B. Street Siqns: There are no intersections within the
for by this Aqreement to be carried out and performed in a sood
C. Manner of Performance: Cause all construction called
and workmanliie manner.
or other monuments required by statute or ordinance.
substantially in the form attached hereto as Exhibit "F".
- -
D. Survey Monuments: Properly place and install all survey
E. Deed Restrictions: Execute and record deed restrictions
F. Grades: Furnish to the Building Inspector of the City a
2
copy of Exhibit "A", "B", "C", and "D" showing the street grade
in front of each lot, the yard grade and the grade of all four
corners on each lot.
G. Siqht Distances at Intersections. There are no @ intersections and, therefore, no corner lots within the Land
Division and no sight distance restrictions are applicable.
SECTION VI. GUARANTEES:
Items A and B hereof, against defects due to faulty materials or
improvements and other improvements described in Section I.
workmanship provided that such defects appear within a period of
one (1) year from the date of dedication. The Developer shall
materials or workmanship.
pay for any damages to City property resulting from such faulty
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, Developer 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 Developer's 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
name or copyright, and its use of road improvements prior to
hereof.
their formal dedication to the City as provided in Section I11
In every such case, where judgment is recovered against the
City, if notice and opportunity to defend has been given to the
Developer of the pendency of the suit within ten (10) days after
its commencement, the judgment shall be conclusive upon the
Developer not only as to the amount of damage, but also as to its
liability to the City.
The Developer shall guarantee the surface water drainage
SECTION VIII. AGREEMENT FOR BENEFIT OF PURCHASE:
The DeVelODer agrees that in addition to the Citv's rishts
herein, the proksions 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.
CITY COVENANTS
SECTION IX. ACCEPTANCE OF WORK AND DEDICATION.
As and when the DeveloDer shall have comoleted the
improvements herein required, and shall dedicate the same to the
City as set forth herein, and same shall be accepted by the City.
3
SECTION X. CONSTRUCTION PERMITS, ETC.
The Citv shall, within its authoritv, issue such permits,
adopt such resolutions, and execute such-documents as may be
necessary to permit Developer to construct the improvements in
accordance with plans and specifications called for by this
Agreement, upon Developers compliance with any deposit provisions
or other requirements of the applicable ordinances or
regulations, and the City shall Co-operate with Developer in
obtaining similar permits, resolutions, and documents as may be
necessary, from other authorities having jurisdiction in the
premises.
Agreement, make available to the Developer or its nominee
City shall, as a condition of the Developer executing this
successors or assigns, building permits for the construction of
of Section XI.
thirteen (13) single family residences, subject to the provisions
City shall also permit Developer to place a 4 foot by 8 foot
sign advertising said lots for sale, on subject property. Sign
mutual agreement of City and Developer for additional 6 month
shall be valid for a period of one year and may be renewed upon
relating to said sign.
intervals. There shall be no cost to the Developer for permits
SECTION XI. BUILDING AND OCCUPANCY PERI4ITS:
occuwancv wermits shall be issued for lots 7 and 8 of Exhibit "B"
It is expressly understood and agreed that no building or
and iots- 1 i , 12, and 13 of Exhibit "D", until the Developer, its
credit or other evidence acceptable to the City showing that
successors or assigns, has provided the City with a letter of
sufficient funds are availiable to the Developer to provide for
permits shall be issued concerning the foregoing lots until the
the improvements described at Section I, above. No occupancy
City's engineers have (a) determined that the sewer and surface
water drainage facilities required to serve such homes are
connected with an operating system as required herein, and (b)
roads then existing to serve such homes as sufficient to service
that the City's engineers have approved the condition of the
the traffic reasonably anticipated during the period prior to the
date when the roads must be completed and dedicated.
of the Land Division, there shall be no restrictions respecting
the issuance of building and occupancy permits conditioned on
site improvements for the lots of the Land Division, other than
Section.
those specifically enumerated in the preceding paragraph of this
There being no improvements required for the remaining lots
SECTION XII. GENERAL CONDITIONS AND REGULATIONS:
All the provisions of the City's subdivision ordinances,
highway and street ordinances, and- land division ordinances, not
inconsistant with or in conflict with any of the provisions of
this Agreement, are incorporated herein by reference, and all
such provisions shall bind the parties hereto and be part of the
Agreement as fully as if set forth by length herein. This
Agreement and all work and improvements required hereunder shall
be performed and carried out in strict accordance with and i) subject to the provisions of said ordinances. It is understood
that this agreement is taken from a general form of agreement and
that reference may be made to items which are not applicable to
the subject Land Division in the particular circumstances.
SECTION XI11 PARTIES BOUND:
Developer or its 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 Land Division.
IN WITNESS WHEREOF, Developer 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.
(Seal)
Lynn L.Kurer, Developer
( Seal )
Wayne W. Bushberger, Developer
CITY OF MUSKEG0
(Clerk)
5
A
C', u . c. )ORA4 NO. PB5.l .'" ...~ H
Stock No. 26273
Exhibit A
3
CERTIFIED SURVEY MAP NO.
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LOT I
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WTE: 0 DEMOTES I- x 24 RON PPE U3 UU. PER LW. FT. -m
----------- ---------
P Owners: Wayne Bushberger
Lynn Kurer
S67 W14381 W. Janesville Rd.
Muskego, WI 53150
Surveyor: Stanley J. Potrykus
11000 W. Janesville Rd.
Hales,Corners, WI 53130
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Sheet 1 of 3 /J
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COUI NO. PBSA
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Stock No. 26273
Exhibit B
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Stock No. 26273
Exhibit D
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NW co(
NW 114
CERTIFIED SURVEY MAP NO.
being a part of the NW 1/4 of Section 12, T 5 N, R 20 E, in the City of Muskego,
Waukesha County, Wisconsin,
" 2 CSM No
12-5-20 502.30 tw, Mm. N 87: 45 57" E
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RMR I ' PARCEL 2 Qy W 3428 "" - - " " -
WH LINE hW II4 12-5-20 ' ''
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VICINITY SKETCH
UTT 12
195,584 9F