CCR1987208COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION 8208-87
(As Amended)
APPROVAL OF EXTENSION OF AGREEMENT BETWEEN DEBACK/LEKFIELD
AND CITY OF MUSKEGO
WHEREAS, an Agreement between the City of Muskego and Don DeBack
Grading and Donald and Eva Lekfield was approved on 8/26/86 to
amend the restoration plan for the clay removal project, and
WHEREAS, the petitioners and owners have requested an extension
of one year to November 1, 1988 to complete the project, and
WHEREAS, the Plan Commission has reviewed the request and has
recommended approval with the condition that no further
extensions be given.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Plan Commission,
does hereby agree to extend the duration of the attached
agreement as mentioned in Paragraphs 2, 8 and 13 from November 1,
1987 to November 1, 1988, and that all remaining provisions of
the agreement stay the same and remain in full force and effect,
including the Restoration Plan.
BE IT FURTHER RESOLVED that proof shall be filed with the City
the additional term.
that all required bonds, etc. have been continued in effect for
BE IT FURTHER RESOLVED that the date in paragraph 8 of the
agreement shall be changed from September 15, 1987 to September
15, 1988.
BE IT FURTHER RESOLVED that the owners and petitioners shall be
responsible for payment of any and all attorney, engineering,
inspection fees, and other similar fees incurred by the City
concerning this agreement.
BE IT FURTHER RESOLVED that it is unlikely tha the City would be
in favor of extending this agreement beyond November 1, 1988.
BE IT FURTHER RESOLVED that this resolution shall only be
effective in amending the agreement after being executed by all
the parties within 30 days of today's date. If not executed by
all parties within 30 days it shall be null and void.
0
Resolution #208-87 As Amended
Page Two
DATED THIS 13th DAY OF OCTOBER
ATTEST :
DON DEBACK GRADING, INC.
Petitioner
BY Donald DeBack, President
vidually and as Power of Atty.
Donald Lekfield, Owner, indi-
for Beatrice Lekfield
CITY OF MUSKEG0
BY
Eva Lekfield, Owner
Wayne G. Salentine, Mayor
0 Charlotte L. Stewart, Clerk
10/87
AGREEYENT .LlSXDMENT OF 3ESTORAIION PLAN
FOR LZKFIZLJ ?.POFE.R.TY LCCATED AT
S93 W2i095 HENNEBERRY DRIVE,
BETWEEN CITY OF MUSKEGO ("CITY") and
CITY OF MUSKEGO
DON DE BACK GRADING, INC. ("Petitioner"), and
DONALD AND EVA LEKFIELD ("Owner")
WHEREAS, the Petitioner, Donald DeBack Grading, Inc., and
Donald and Eva Lekfield, as Owners, have requested the City of
Muskego to agree to amend the restoration plan for the property
located at S93 W21095 Benneberry Drive in the City of Muskego and
described on Exhibit *An attached hereto and made a part hereof.
NOW, THEREFORE, in consideration of said amendment,
IT IS HEREBY AGREED AS FOLLOWS:
1. The premises previously restored by Petitioner
consisting of approxi.nately ten (10) acres (Phase I on attached
aevised Restoration Plan) shall be restored with a minimum of
eight (8) inches 3f topsoil Sy November 1, 1986.
2. That area now stripped (Phase 11) or to be stripped in
the future, will be rsstored immediately follovisg Completion of
all clay removal, but not later than November 1, 1987, with a
minimum of eight (8) inches of topsoil; that there shall be no
excav3tion of soil mors than eight (8) inches below the final
restoration grade as shown on the Revised Restoration Plan.
3. All stumps and other debris on the property Will be
promptly removed by Petitioner within thirty (30) days of
execution of this agreement. ?etitioner and 3uners will not
allov the premises to be used for that kind of storage at any
time in the future.
4. That restoration of the property at the a?propriate
grade will continue all the way to Hillendale Drive as shown on
Phase I1 of the Revised Restoration Plan.
5. The old building now on the premises will be removed by
Owners within thirty (30) days of the execution of this
agreement.
6. All engineering and attorney's fees incurred by the City
will Se the responsibility of and paid for by Petitioner on
execution of this. agreement unless they are incurred after its
execution and then they shall be paid on demand of the City.
7. Prior to the execution of this agreement, Petitioner
shall furnish the City aith a bond, or other financial guarantee,
in form satisfactory to the City Engineer in the sum of Fifty
Thousand Dollars ($50,000.00) to insure restoration of the
premises in accordance with the Restoration Plan. Said
restoration bond shall be maintained and kept in €ull force and
effect by Petitioner until the restoration of the premises has
been completed to the approval of the City Engineer and the City
Engineer agrees to the release of said bond.
8. Prior to the execution of this agreement, Petitioner
shall furnish the City with a bond, or other financial guarantee,
in form satisfactory to the City Engineer in the sum of Fifty
Thousand Dollars ($50,000.00) to insure repairs of any damage to
roads from the present to November 1, 1987. The route for
hauling Prom the site shall be only on Henneberry Road and
Crowbar goad to ilighway 24. The condition of said roads shall be
2.
. . ..
..
m, reviswed 5y '_he City Engineer by September 15, 1987, as to the
necessity of such repairs and the Petitioner agrees to repair
said roads to the condition existing prior to the commen.cement of
hauling (which is acknowledged to be in good condition) by the
1st day of November, 1987.
9. The existing drainage way on the premises will be
relocated in accordance with the Revised Restoration Map attached
hereto and in accordance with specifications provided by the City
Engineer.
10. The side slopes of the excavation site shall be
restored progressively as excavation proceeds and, in order to
prevent srosion, Owners agree that said side slopes will not be
tilled and further agree to provide the City on execution of this 0 agrzement with a deed restriction in recordable form that said
side slo?es will not be tilled a€ter completion of tke
restoration of the entire premises and if any erosion rloes occur
to the side slopes or the invert, it shall be repaired to the
City's satisfaction by the Owners.
11. Upon completion of restoration of the entire premises,
Owners agrse that within one (1) month, or as soon as is
practicable because of the weather, whichever is shorter, they
will either cultivate or provide vegetation over the excavation
in order to prevent erosion and, if any erosion does occur to the
sita, it shall be repaired to the City's satisfaction by the
Owners.
3.
12. ~ecitioner and 0wne:s warrant that Donald Lekfield and
Eva Lzkfield are all of the owners of the property in question.
13. All rights of Petitioner and/or Owners under this
agreement shall expire on November I, 1987, but their liabilities
hereunder snall not expire.
14. That petitioner and Owners shall obtain all other
necessary government approvals.
15. That Petitioner shall pay to the City a fee Of Thirty
Dollars ($30.00) per year per truck hauling from said site.
Dated this d day of , 1986. -
DON DE BACK GRADING, INC.,
Petitioner *
BY f+-JA+ d'p& r -
Donald DeBack, President Donald Lekf idd, Obher, individually ?ma of >tm.ey for +atrice Lekfiel
CITY OF LWSKEGO /"c 1.
By & .d lzzz. ' Eva iskf ie-ld, 0 ,ner
Wape G. Salo-ntine, -Hayor
i f'V7 .' Tharlocte L. Stewart, Clerk
4.
c
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION 8208-87
APPROVAL OF EXTENSION OF AGREEMENT BETWEEN
AND CITY OF MUSKEGO
WHEREAS, an Agreement between the City of
Grading and Donald and Eva Lekfield was
amend the restoration plan for the clay
WHEREAS, the petitioners and owners have
of one year to November 1, 1988 to
WHEREAS, the Plan Commission has reviewed and has
extensions be given.
recommended approval with the condition
NOW, THEREFORE, BE IT RESOLVED that the
City of Muskego, upon the recommendation of/the Plan Commission,
does hereby agree to extend the duration of the attached
agreement as mentioned in Paragraphs and 13 from November 1,
1987 to November 1, 1988, and that provisions of
the agreement stay the same and and effect,
including the Restoration Plan.
BE IT FURTHER RESOLVED that proof ?.hall be filed with the City
that all required bonds, etc. have been continued in effect for
the additional term. /
DATED THIS DAY OF , 1987.
ATTEST :
Ald. Mitchel Penovich
City Clerk /
Petitioner
BY Donald Lekfield, Owner, indi-
vidually and as Power of Atty.
for Beatrice Lekfield
CITY OF MUSKEG$ /
BY / Wayne G. Salentine, Mayor
Eva Lekfield. Owner
/
10187
Char tte L. Stewart, Clerk