CCR1987004COMMON COUNCIL-CITY OF MUSKEG0
RESOLUTION #4-87
APPROVAL OF FINAL PLAT AND SUBDIVIDER'S AGREEMENT (As Amended)
DURHAMSWOOD ADDITION NO. 1
WHEREAS, a Final Plat has been submitted to finalize the 18 lot
Durhamswood Addition No. 1 Subdivision, and has been recommended
for approval by the Plan Commission, and
WHEREAS, the Subdivider's Agreement has been submitted and
reviewed by the Plan Commission with the following
recommendations: Provide a letter of credit in the amount of
$15,000 to cover any uncompleted phase of the preliminary plat;
and, delete the first sentence of {Ill of the Deed Restrictions.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Plan Commission,
does hereby approve the Final Plat for the Durhamswood Addition
No. 1 Subdivision, subject to approval of the City Engineer and
submittal of the plan review fee, $3,400 in lieu of park
dedication, and all other fees as required by the Land Division
Ordinance.
BE IT FURTHER RESOLVED that this approval is subject to the
approval of all objecting and approving agencies.
BE IT FURTHER RESOLVED that the Subdivider's Agreement is
approved subject to the conditions recommended by the Plan
Commission, with the exception that the first sentence of 811 of
the Deed Restrictions shall not be deleted, and a paragraph shall
be added to Section XI1 of the Subdivider's Agreement requiring a
$15,000 letter of credit to guarantee development of the
undeveloped portions of the preliminary plat as presented by the
City Attorney.
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DATED THIS 13th DAY OF January , 1981.
Ald. Frank DeArigelis
ATTEST : n
COMMON COUNCIL-CITY OF MUSKEG0
RESOLUTION 1/4-87
DURHAMSWOOD ADDITION NO. 1
nalize the 18 lot
as been recommended
for approval by the Plan Commission, an
t the Common Council of the
dation of the Plan Commission,
dedication, and all other f
Ordinance.
0
of the City Attorney.
DATED THIS
ATTEST:
1 I87
jm
SUBDIVIDER'S AGREEMEW
DuRHAclsWOOD SUBDIVISION ADDITION # 1
This agreament, made this - day of , 1987 by and between
ROBERT w I[LENz L HENRY K. OswRN, the "Developers., and the CITY OF MJSKEGO,
a municipal corporation of the State of Wiaconsin, located in Waukesha County,
hereinafter called the 'City..
WITNESSETH
WHEREAB, Developers have submitted for approval by the City a proposed
final plat for ~URIiA116w00D ADD. #1, a residential subdivision, a mpy of
which is attached hereto, made a part hereof and marked Exhibit 'A.
(the .Subdivision.) I and
WtlgBgAG, 8236.13 of the Wisconsin Statutes provides that as a condition
of plat approval, the governing My of the City my require that the Developers
make and install certain public ilqprovemente reasonably necessary for the
Subdivision and further, my require dedication of public streets, alleys
or other ways within the Subdivision, to be conditioned upon the construction
of said illlp?roveprents according to municipal specifications witbut cost to
said municipality8 and
UHBRBAS, thn City.'. Engineers.have duly approved the Developers' plans and
speaification. for Subdiviaion iqxovement and the Cotmoon Council has duly
approvd and authorized the terms and provisions of this agreement and
approved the final plat of Durhamswood Add. Il.
UOW, RIEREHIRE, in consideration of the aOvenunts herein contained,
the parties horeto agroe as follows:
SECTION I. IHPPRDVEME~:
The devobpers, entirely at their expense, shall:
A. Roads, Streets and Sewers: Construct and install Sanitary Sewer,
grade and iuprove all roads and streets in accordance with the-plat of said
Subdivision and the plans and specifications attached hereto, made a part
hereof and -ked Exhibit .B., all in accordance with the City's street
specifications.
B. Surface Water Drainaqe:
1. COnstruOt, install, furnish and provide adequate facilities
as approved by the City Engineer and Public WOrks Cornittee for storm and 0 surface water drainage throughout the entire subdivision, in accordance with
the plms and opecifications attached hereto, made a part hereof and markad
Exhibit '12'.
2. The City shall furnish to the Developare such permits or easements
88 be requirad in MY public street or property to enter upon and install
the above described surface water drainage system.
c. Landscapingr
1. PrOmrve qxiating trees, whereever possible, in the construction
of subdivision iqxovemnts.
2. RerpDve Md lawfully dispose of all old barns, outbuildings, destroyed
trees, trunks, brush, shrubs and other similar natural growth and all rubbish.
SIXTION 11. TIME OF CDCLPLEl'ION OF IWROVEHEHPS:
he mrovements set forth in Section I above shall be cowleted by the
Developers in total .within twelve (12) mnths of the date of this agreement
or recording of the final plat, whichever date cores first.
SSXION 111. DEDICATION
Subject to all of the other provisions of this agrePPent, Developers
shall, without chargo to tbm City, upon capletion of tha above described
improvemnts, unconditionally give, grant, convey and fully dedicate the
road8 ard strwts, sanitasy ewer, storm and surface water drainage facilities
to the City, its succemors and assigns. forever, free and clerr of all
encumbrames, uhatever, together with and including, without limitation
because of enumeration, any and all land, buildings, structures, mains,
conduits, pipes, lines plant, machinery, equipment, appurtenances and
hereditumnts which may in any uay be a part of or psrtcrin to such improvements
and togethor with any and all necessary easements for access thereto. !
SECPION IV. INSPFCI'IONS AND ADMINISTRATIVE FEES:
The Developers shall pay and reimburse the City all fees as required
and at the times specified inchapter 10 of its Land Division Ordinance.
SECTION V. MXSCE-S REQUIREHEHPSI
Tha Developer shall:
A. Easements: Provide ai~y easements on Developers' land deemed necessary
by the City Engineers before the final plat is signed, provided such easeents
ace 80 located as mt to render any lot unbuildable or unsaleable.
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8. Street Signs 6 Liqhtsr Reimburse the City for the cost of all Street
signs, posts and lights and the cost of their installation, this to include
all traffic signa.
C. Harmer of Performadze: Cause a11 construction called for by thie
agreement to be curied out and performed in a good and vorkmnnlike mer.
D. Survey Monuments: Properly place and install any survey or other
mnments required by statute or ordinance.
E. Deed Restrictions: Execute and racord deed restrictions in the
form attached hereto, made a part hereof and mrked Exhibit 'D'.
P. Grades: Furnish to the Building Inspector of the City a mpy of
Exhibit 'Cm showing the street grade in front of each lot, the yard grade
ud tho grade of all four corners of each lot. e G. Street Trees: Plant street trees in accordance with Res. PC. 72-76.
SECTION VI. CXIARAHPEES:
The Developer shall guarantee the surface water drainage improvements and
other inProvements described in Section I. items A, B and C hereof, againat
defects due to faulty materials or workmanship provided that such defects
appeu 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 fault materials or vorkmanship. I
SECTION VII. GENERAL INDEMNITY:
In addition to, and not to the exclusion or prejudice of, any provisions
Of this Wrement or docmmts incorporated herein by reference, Developers
shall indaify and MVU harmless the City, its officers, agents and employees,
and shall defend the am^ frorn and against any and all liability, claim, Loss
damages, interest actions, suits, judgments, costs, expenses, attorney's fees,
and the like to whomsoever owed and by whomsoever and whenever brought or
(2)
obtaind, which my in MY manner result frm or arise in the COUCBO of, out
of, or as result of the Developers' negligent conStrWtiOn Or Operation Of
iwrovemnts covered. thereby, or its violation of any law or ordinance,
tho infriiqemont by it of any patent, trademark, trade nam~ of cowright, and
its use of road improvements prior to their formal dedication and acceptance
by the City.
SECTION VII. hGRE??MNl FOR BENEPIT OF PURCHASERS:
The developere agree that in addition to the City's rights herein, the
provisions of this agrement shall be for the benefit of the purchaser Of any
lot or any interest in MY 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 wme to the City as set forth herein, the
same shall be accepted by the City if said improvements have been completed
os 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, EX.:
1. The City shall, within its authority, issue such permits, adopt such
resolutions, and execute such documents as may be necessary to permit Developers
to conatruet the improvements in accordance with plans and specifications
called for by this agreemnt, upon Developers' compliance with any deposit
provisions or regulations or other requirements of applacable ordinances;
and the City aha11 cooperate with Developers in obtaining similar permits,
resolutions ond documents ao 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 Eighteen (18) single
family residence subject to the provisions of Section XI.
SECTION XI. BUILDING AND OCCUPANCY PERMITS:
The Developers shall be allowed to construct no mre than two (2) del
hams. It is expressly understood and agreed that no buildinq permits shall
be issued, mt shell any occupancy permits be issued, either for the said
del hs, or any other bmes, until the City's engineers bave determined
that:
A. The sewer ond surface water drainage facilities required to serve
such borne6 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 bms as sufficient to service the traffic
reasonably anticipated during the period prior to the date when the roads
must be oozpleted and dedicated. .
SmION XII. GENERAL CONDITIONS AND REGULATIONS:
All the proviaions 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 agZeeIWnt fully as if set forth at length herein. This agrmnt
I- and all work cud improvuwnta required hereunder .hall bo perf0r-d oarrid
'.out in strict accordance with and subject to the provisions of said ordinances.
(3)
SECTION XII. FINANCIAL -E:
Prior to the execution of this cantract by the Cityr the Developers shall
file with,tbe Cityr a letter of credit setting forth term and conditions
approved by the City Attorney, in the amount of $ as a guarantee
that the required iqxovoments will be conlpleted by the Developers ad their
subcontraotors no later than one (1) year from the date of the recording of
the final plat or the date of this agreementr whichever date coma first, and
as a furtbr guarantee tbt dl obligations to the subcontractors for work
on the developmnt are aatisfied.
SECTION XIV. PARTIES BOUND:
Develop.rs 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 Subdivsion.
IY WITMESS wItERgoFr 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.
DEVEIPPERGJOIMLY L SEVERALLY CITY OF MJSKEGO
DECLRRATION OP ILESTRICTIONS
DURHAE(GWOOD-ADDITION #1
KNOW W PBRSONS BY THESE PRESENTS, that the undersigned, RDBERT W. WNZ,
ad mmY X. OSBuBN, hereinafter known as 'THE DEVELOPER' and being the
owner of the property known as: DUMACISWOOD-ADDITION (1, being a subdivision
of a part of the NE 1/4 of Section 11, TSN, RZOE, in the City of Muskego,
Waukesha County, wi. and consisting initially of 18 single fmily lots,
does hereby intend to establish a general plan for the use, occupancy and
enjoyment of said subdivision; therefore, Developer does hereby declare
that a11 lots therein shall be subject to the following restrictions,which
shall remain in force for a period of Fifty (50) years fram the date of the
recording hereof.
1. GENERAL PURPOSES: The purpose of this declaration is to insure
the best use and most appropriate 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 a harmonious use of material and
color schemes1 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.
2. No lot shall be used for other than single family residential
purposes. All structures shall be designed by a perdon 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
it's 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 follow: No
dwelling shall exceed two and one-half (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...1700 Square Feet minimum with a
minimum of 820 Square Feet on first floor.
0. Tri-leve1...1600 Square Feet, minimum with a minimum of
1100 Square Feet on the upper two levels.
E. Bi-Lavel...l650 Square feet, minimum with a minimum of
900 Square Feet on the upper level.
Above equare 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 than two cars in size or larger than 3 cars in size
and -11 bo either M integral part of the dwelling or connected 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 roved onto any lot and no living
quarters of temporary character shall be permitted at any time, it being the
intention that only permanent private dwellinga.and garages shall be permited.
NO lot shall be ueed in whole or in part for the storage of rubbish or build-
ing msterials of any character 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 eye1 nor shall any substance, thing or
material be kept upon any lot that will Omit foul or obnoxious odor1 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 underground.
6. No animals, livestock or poultry of any kind shall be raised, bred
or kept on any lot except not mre than two dogs, two cats, or other small
household pets are permitted provided that they are not maintained for
comercia1 purposes.
7. The undersigned reserves the right to set finished yard grades of
all buildings, paole, fences, or other structures to be erected or constructed.
All dirt from excavations upon any lot which is mt used on the premises shall
be deposited in much places within the suMivision as shall be directed by
the undersigned, without cost to the undersigned, if requested by the undersigned.
8. These restrictions shall be deemed and construed to run with the
land and ahall be binding upon all of the respective purchasers of each of
the said lots and upon all pereons holding or claiming through them. The
present buyer, and the successive buyers of said property assme all respon-
sibility for making knoun the contents of this document to any further
prospective buyers in the event of selling said property. Upon violation
of any one or roce of these restrictions by any pereon or entity, MY owner
of any lot in Durhamswcad Addition I1 shall have the righ, but not the
obligation, to proceed at law against the person or persons eo violating
and is entitled to both equitable and legal relief. Invalidation of any
one of them oovenants and restrictions by judgment or court order shall in
no way affect any of the other provieions, each of which shall be construed
and demed eeverable, and all of which not eo invalidated shall remain in
full force and effect.
9. LANDSCAPE ARQ1ITECHTURAL CONPROL: All landscaping must be com-
pleted within one (1) year after the capletion of the residence. Said
landsaping must include a hard surfaced drive. No permanent gravel drive
will be permitted. The hard surface drive with concrete, asphalt or similar
material muat be installed within one (1) year from the date the premises
are occupaied upon construction.
i
10. SURFACE MTER 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 as no longer being
in violation./ These restrictions my be changed, modified and amended with
the consent of 601 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 deed and construed to run with
the land and shall be binding upon the respective owners of each lot and
upon a11 pereons holding or claiming under or through them.
IN WITNESS WIIEREOP, I have hereunto set my hand and seal this
of 1987.
day
BY:
FIobert W. Klenr
BY :
Henry K. Osburn
STATE OF WISCONSIN)
Waukesha County ) 88
1
Personally came before me this - day of 1987, the
above named Robert W. Klenz and Henry K. Osburn, known to me personally
as the person wbo executed the foregoing instrument and ackmwledged the same.
NOTARY PUBLICl STATE OF WISONSIN
My Comission expires
This instrument drafter by
Robert W. Klenr