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CCR1991330COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #330-91 SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT APPROVAL OF FINAL PLAT, Park Place West WHEREAS, a Final Plat was submitted on November 12, 1991 for the 20-lot Park Place West Subdivision in the NE 1/4 of Section 17, and WHEREAS, the revised Preliminary Plat was approved in Resolution #262-91, and WHEREAS, the Plan Commission has recommended approval, and WHEREAS, the Subdivider's Agreement and Letter of Credit have been received for Park Place West, as attached, and the Finance Committee has recommended approval. 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 20-lot Park Place West Subdivision in the NE 1/4 of Section 17, subject to approval of the City Engineer and all objecting and approving agencies, and receipt of all fees as provided in Section 10 of the Land Division Ordinance. BE IT FURTHER RESOLVED that the Subdivider's Agreement and Letter of Credit for Park Place West, as attached, is hereby approved subject to approval of the City Attorney and City Engineer, and subject to the approval of the Letter of Credit by the City Attorney, all of said approvals to be obtained within thirty (30) days of the date of approval of this Resolution or the same will be null and void. BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to sign the necessary documents in the name of the City. DATED THIS lOTH DAY OF DECEMBER , 1991. SPONSORED BY: FINANCE COMMITTEE Ald. Daniel J. Hilt Ald. Edwin P. Dumke Ald. Harold L. Sanders 0 This is to certify that this is a true and accurate copy of Resolution #330-91 which was adopted by the Common Council of the City of Muskego. 12/91cac 0 e 0 - BlJBDIVIDERS AGREEnEm 'I'his agreement, made this aay of 199-, by and between PILGRIM DEVELOPMENT QROUP, the 11Developer18 and the City of Muskego, a municipal corporation of the State of Wisconsin, locatea in waukesha County, hereinafter called the ItCitytl. WITNESETH WHEREAS, Developer has submitted for approval by the City a proposed final pla:: 'rur Park Place west, a residential subdivision, a copy of which is attached hereto, made 3 part hereof and marked Exhibit "A" (the tlSubdivisiontl); and WEEREas, Sec'rion 236.13 of the Wisconsin Statutes provides that as a condition of plat approval, the governing body of the City may require that the Developer nake 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 dost to said municipality; and WHEREAS, the City's engineers have duly approved the Developer's plans and specifications for subdivision improvement and the Common Cmncil :?as duly approved and authorized the terms and provisions of this #agreement and approved the final plat: NOW THEREFORE, in consideration of the covenants herein contained, the parties inereto agree as follows: SECTION I. IIPROTMENTB: The Ceveloper, entirely at its expense, shall: A. Roads and Streets: Grade and improve all roads and plans and specifications attached hereta, made a part hereof and streets in accordance with the plat of said Subdivision and the marked Exhibit tt5'l, all in accordance with the City's strset specifications. B. Surface Water Drainaae: facilities as approved by the City engineer and Public Works 1. Construct, install, furnish and provide adequate Committee fcr storm and surface xater drainage throughout the attached hereto, made a part heregf and marked "Zxhibit Ctt. entire subdivision, in accordancD- xith the plans and specifications 2. The Clity shall furnish t3 the DeveloFer such permits or easenents as may be required in any public street or property to enter upon and install tze above described surface water drainage system. 0 0 completed by the Developer i.n total within tweive (12) months af The improvemer:ts set forth in Section I above shall be the date of this agreement or recording of the final plat, whichever date comes first, unless an earlier date is provided herein. SECTION 111. DEDICATIOB: Subject to all of the other provisions of this agreement, Developer shall, without charge to the City, upon completion of the and fully dedicate the roads and streets, storm and surface water above described improvements, unconditionally give, grant, convey drainage facilities, wattrr facilities and sanitary sewer 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, CO:ndUit6, pipe lines plant, machinery, equipment, appurtenances, and hereditaments which nay in any way be a part of or pertain to such improvements and together with any and all necessary easements for access thereto. BECTION IV. INSPECTIONS AND ADWINISTRATION FEEG: The Developer shall pay and reimburse the City all fees as required and at the -1;hes specified in Section 10 of its Land Division Ordinance. SECTION V. M1BCELL;ANEODB REOUIRMEm: The Developer shall: A. Easemen-: Provide any easements on Developer's land deemed necessary by the .City engineers before the final plat is signed, provided such eariements are so !ocated 2s not to render any lot unbuildable or unsalable. B. Street SigE: Reimburse the City for tho cost of all street signs and posts and the cost of their installation, this to include all traffic signs. C. Manner of Ferfomance: Cause all construction called for by this agreement to be carried out and performed in a good and workmanlike manner. D. Survev MOI- survey or other monunents required by statute or ordinance. t : Properly place and install any E. Deed Restrictions: Execute and racord deed marked "Exhibit G". restrictions in the fcrrm attached hareto, made B part hereof and F. Grades: nrnish to the Building Inspector of the City a copy of "Exhibit A" shoving the street grade in front of '0 3 patent, trademark, trade name or copyright, and its use of road improvements prior to their formal dedication and acceptance .by the city. SECTION VIII. AORg:EHENT FOR BENEFIT OF PURCHABERRB: herein, the provisions o:E this agreement shall be for the-beneflt The Developer agrees that in addition to the City's .rights of the purchaser of any lot or any interest in any lot of parcel of land in tho Subdivision. H IX. ACCEPTMCB OF WORK A#D DEDICATION: As and when the Developer shall have completed -2he City as met forth herein, the same shall be accepted by the .City if improvements herein required, and shall dedicate the same,-to -the said improvements have been completed as required by this agreement and as required by app1ic:able City ordinances and other applicable law and approved by the m2ity engineers. BBCTION X. CONSTRUCTION PEWITS ETC.: adopt such -resolutions, and execute such documents as .may be 1. The City shall, within its authority, issue such permits, necessary to permit Developer to construct the improvements in accordance .with the plans and ssecifications called €or by this agreement, upon Developer's compliance with any deposit provisions or other requirements of the applicable ordinances or regulations; and the City shall cocperate with the Developer in obtaining similar permits, resolutlms and documents as may be necessary from other authorities having jurisdiction in the premises. 2. The City shall, as a condition of the Developer executing this agreement, make avitilable to the Developer or its nominee, residences :subject to the provisions of Section XII. successore or aseiqns, building permits for the construction SECTION XI. BUXUNG !4ND OCCUPANCY PERMITS: The Developer shall be alloved to canstruct no nore than two (2) model homes. It is expressly understood and agreed that no occupancy permits shal.1 be issced. eithor for the said model homes, or -any other hcmes until the City's engineers have determined ?hat: A. The sewer, water facilities and surface water drainage facilities requked to serve such homes arn- connected with an operation system as required herein. and, 5 DECLARATION OF RESTRICTIONS FOR "PARK PLACE WEST" A SUBDIVISION IN THE CITY OF MUSKEGO WAUKESHA COUNTY, WISCONSIN PILGRIM DEVELOPMENT GROUP, hereinafter known as Wwner", being KNOWN TO ALL MEN BY THESE PRESENTS, that the undersigned owner of the property known as: PARK PLACE WEST LEGALLY DESCRIBED AS: All that part Of lands located in the NE. 1/4, NW. 114 AND THE SW. 1/4 of the NE 1/4 of Section 17, T. 5 N., R.20 E., City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the Northeast corner of Section 17, thence S.88O18'33"W., and along the North line of the NE.1/4, 2092.14 Forest Subdivision, 993.39 feet to the Place of Beginning of the feet; thence S.29°16'00"E. on and along the Westerly line of Lake south line of Lot 1 of Lake Forest Subdivision, 99.98 feet to the lands herein described; thence N.78°12'38"E. on and along the Westerly Right-of-way Line of Ancient Oaks Drive; southeasterly on and along said Right-of-way Line and the arc of a thence curve, center of which lies to the east, having a radius of 329.76 S.20°04'46.5"E., feet, a central angle of 16°34'49'', a chord of 95.09 feet, bearing 95.43 feet to a point of the northerly Right-of-way line of Highland Park Drive (recorded as West Park Right-of-way Line and the arc of a curve, center of which lies to Drive) ; thence westerly on and along the said Northerly the south, having a radius of 159.78 feet, a central angle of 23"08'26", a chord of 64.09 feet, bearing S.35°22'47"W., 64.53 Right-of-way of Highland Park Drive; thence northeasterly on and feet; thence S.66°11'271*E., 60 feet to a point on the Southerly along said Southerly Right-of-way Line and the arc of a curve, having a radius of 99.78 feet, a central angle of 17O24'46", a chord of 30.21 feet, bearing N.32°30'57"E., 30.32 feet to a point on the Westerly Right-of-way Line of Ancient Oaks Drive; thence Oaks Drive and the arc of a curve, having a radius of 329.76 feet, southerly on and along the Westerly Right-of-way of said Ancient S.48°43139''E., 111.53 feet to a point of reverse curvature; thence a central angle of 19O22'44", a chord of 111.00 feet, bearing lots in this Subdivision without approval of the Plan 3. There shall be no future division of subdivision of Commission of the City of Muskego. stories in height. The living area within the perimeter of the building, exclusive of porches, garages, bays patios, breezeways and similar addition, shall not be less than the following schedule: story dwelling. 4. No dwelling shall exceed two and one-half (2-1/2) a. Not less than 1700 square feet in the case of a one and 2200 square feet total in the case of a dwelling of one and one-half (1-1/2) stores. b. Not less than 1200 'square feet on the first floor c. Not less than 2200 square feet total in the case of a dwelling having two (2) stories and the floor area of the first floor shall not be less than 1100 square feet. square feet, on the upper two levels. d. Split level dwellings shall have a minimum of 1650 having not less than a slope set by a vertical distance of six (6) feet with a horizontal distance of twelve (12) feet (6/12 pitch), purposes of figuring total area, the committee, in its sole unless approved by the Architectural Control Committee. For discretion, shall determine what constitutes a two-story or a one-half dwelling. e. All structures shall maintain a minimum roof pitch private dwelling and shall be attached to the dwelling either forming an integral .part with the dwelling or by connection porches or breezeways. enough to accommodate a minimum of two (2) cars. No garage shall All garages shall be large be larger than necessary to accommodate three (3) cars unless approved by the Architectural Control Committee. 5. All garages shall be -built at the same time as the permitted at any time, it being the intention that only permanent private dwellings with garages shall be permitted. parked on the premises outside of the garage other than for the No boat, trailer, truck, van, mobile home, and motor home may be delivery of materials or merchandise, and except during the construction or remodeling periods. 6. No living quarters of temporary character shall be 7. No lot shall be used in whole or in part for the storage of rubbish of any character whatsoever, nor for the storaqe 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 3 I Subdivision have been sold by the undersigned, or its its successor as assignee. When all the unimproved lots in the successor or assignee, the Committee shall thereafter consist Of 3 Persons, who shall be elected by a majority of the owners of the improved lots in the Subdivision. 12. Landscape Architectural Control: All landscaping must be completed within one year after the completion of the residence. Said landscaping must include a hard surfaced drive, parking stand or turnabout consisting of concrete or asphalt or similar material. No permanent gravel drive will be permitted. The hard surface with concrete, asphalt or similar material must be -installed as required. 13. The developer has constructed a Berm adjacent to the Janesville Road. south boundary of the subdivision to provide a privacy buffer along Maintenance of this berm shall be the obligation of the owners of Lots 2, 3, 4, 5, 6, 7, 9 and 10 of this subdivision. Each of these lot owners shall bear the within the boundaries of their respective lot. This maintenance maintenance responsibility of that portion of the berm that is the area free of refuse and debris. shall include but not be limited to: mowing, weeding and keeping opinion of the City of Muskego; the City shall have the right In the event the berm is not properly maintained in the upon notice, to have the area properly maintained; the city may include all cost for such maintenance as an addition to the property tax bill for the affected property. 14. Developer has selected an electric lamp post with photo-electric cell, which each lot purchaser or purchaser's representative shall install on purchaser's lot. purchaser's lot, shall be twenty-five (25) feet from the back of The location of the lamp post installation on the street curb and within ten (10) 'feet of the hard surfaced driveway, serving the lot. The lamp post must be purchased from developer by lot purchaser at the time of closing. The lamp post must be permanently installed and in operating condition before occupancy of premises is taken by the owner. 15. exist for a period of one (1) year without a written protest Any violation of these restrictions which shall 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 deemed and construed to run with the land and shall 5 SAMPLE aPmN2: Pilarim DeveloDmsnt GrOUE A~~wi.oonein Geisral Part;;,ershlp c/o Robert stack Muskeqo, WI 53150 12765 Weat Janeeville Road BENEFZLUX: city of Muskego Wl82 68200 Racinm hvenue Muekego, WI 53150 -1 March , 1993 at our counters.