CCR1992041AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #41-92
APPROVAL OF AMENDMENT TO DEVELOPER'S AGREEMENT
JC Development
WHEREAS, the subdivider's agreement dated October 10, 1990 as to
Xarah Court is null and void; and
WHEREAS, that agreement included conditions as to a planned unit
development; and
WHEREAS, the Finance Committee has recommended those conditions
be included in the original Developer's Agreement between
Ingersoll Development Corporation and the City of Muskego dated
November 29, 1988.
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 Amendment to Developer's
Agreement as attached, subject to approval of City Attorney.
DATED THIS llTH DAY OF FEBRUARY , 1992
SPONSORED BY:
FINANCE COMMITTEE
Ald. Daniel J. Hilt
Ald. Edwin P. Dumke
Ald. Harold L. Sanders
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #41-92 which was adopted by the Common Council of the
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AMENDMENT TO DEVELOPER'S AGREEMENT
8
e
m
referred to as "Ingersoll" and the City of Muskego, hereinafter
WHEREAS, Ingersoll Development Corporation, hereinafter
referred to as "City", entered into a Developer's Agreement
dated November 29, 1988; and,
Corporation, hereinafter referred to as "JC, the successor in
interest to Ingersoll", entered into a Subdivider's Agreement
dated October 10, 1990; and,
WHEREAS, The City of Muskego and J.C. Development
the agreement entered on November 29, 1988, and the City wish to
WHEREAS, JC, the successor in interest to Ingersoll as to
amend the same.
NOW, THEREFORE, For valuable consideration acknowledged by
both parties, it is agreed as follows:
1.
2.
3.
4.
5.
That Section V, K, Mixed Used Facility and L, Single Family
Homes at West End of Property are hereby deleted and created
to state "that no mixed used facility shall be constructed
on the property subject to this agreement and that no other
single family dwellings shall be allowed to be constructed
on the property subject to this agreement except as allowed
by the density requirements of the planned unit development
City of Muskego. It is understood that as of the date of
and as further approved pursuant to the Ordinances of the
this Amendment, there remains a density allowance of 13
units. The permission by the City of Muskego to install not
more than 25 semi-private boat slips for the mixed use
facility on the center section, as defined by Section V,
paragraph 2, is hereby deleted and created to state "that no
semi-private boat slips for the use of the mixed use
facility shall be constructed".
That Section V, 0, Tennis Courts, shall be amended to add
the following: "the location of the tennis court, however,
shall not be as stated on Exhibit A, but shall be in the
middle of the Bay Breeze Condominiums in the park common
area, said area that is bound by buildings 7, 8, 9, 10, 11,
and 12".
Section V, P, Boat Storage Building, is deleted and replaced
by the following: "that no boat storage building shall be
constructed on the property in question".
That Section V, R, is added to said agreement to read as
follows: "V, R, Outlot, an outlot described on the copy of
a Certified Survey Map, attached as Exhibit "A"
made a part of the adjacent property to the east".
, hereto and
That Section I11 Dedication is amended to add to said
agreement and to read as follows:
Amendment to Developer's Agreement Page 2
6.
7.
8.
That JC shall without charge to the City and after approval
of the same by the City Engineers unconditionally give
grant, convey and fully dedicate to the City the sanitary
sewer system described in detail on Exhibit "B" attached
hereto and made a part hereof and that said system shall
belong to the City's successors and assigns forever, free
and clear of all encumbrances whatever together with and
including without limitation because of enumeration any and
all lands, building structures, mains, conduits, pipes,
hereditaments which may in any way be a part of or pertain
lines, plants, machinery, equipment, appurtenances, and
to such improvement together with any and all necessary
easements for access thereto and the further right without
limitation to construct, repair and reconstruct the same.
That Section V is added to said agreement to read as follows:
It is understood that the lake front of the center and west
section has been subdivided into individual residential
same rights to use their lake frontage as would any other
lots, and the individual residential lot owners have the
residential lake front owner.
That the Developer's Agreement dated November 29, 1988,
unless specifically amended by this document, shall remain
in full force and effect.
That the Subdivider's Agreement dated October 10, 1990 as to
Karah Court is hereby declared to be null and void and of no
effect, it being the understanding of the parties that the
same was never recorded and none of the steps required to be
taken by said agreement were completed.
Dated this day of , 1992
JC Development Corporation
BY
BY
City of Muskego
BY
TXTCITYIPLPN: DVAGRINC
cds
- EXHIBIT "A" -
EXHIBIT "B" - -
UTILITY EASEMENT:
Wig an easement upon Bay Breeze Condominiums and being part of the Northwest l/4
of the Southeast U4 of Section 9, Town 5 North, Range 20 East, in the City of Muskego,
Waukesha Coaaty, Wisconsin, more particularly bounded and described as follows:
Commencing at the Sontheest comer of Parcel 2 Certified Survey Map No. 6287, said point
being in the Northern Rightof-Way of JanePviUe Road (C.T.B. "L'3; Thence along Janesville
Road North 80' 04' 27" East, 34..77 feet to the place of beginning of lands hereinaPter
described:
Thence leaving JanesviUe Road North 23 50' 00" West, 25734 feet to a point; Thence North
11 ' 00' 31" West, 93.53 feet to a point; Thence North 15 ' 40' 00" West, 73.74 feet to n point;
Thence Sonth Ill' 40' 00" West, 219.49 feet to a poine Thence North 10" 11' 33" West, 20.01
feet to a point; Thence North 81" 40' 00" East, 273.73 feet to B poinr; Thence South ,l5" 40'
00" East, 92.14 feet to a pinG Thence South 11" 00' 31" East, 32.03 feet to a point; Thence
South 23' SO' 00" East, 260.04 feet to a point in the Northern he of Jenesville Road;
Thence along JanesMUle Road South 80' 04' 27" West, 20.60 feet to the point of beginning.
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #41-92
PER'S AGREEMENT
JC Development
ed October 10, 1990 as to
ions as to a planned unit
development; and
mended those conditions
he City of Muskego dated
Agreement between
November 29, 1988.
Common Council of the
n of the Finance
dment to Developer's Agreement as attached.
DATED THIS DAY OF
Ald. Harold L. Sanders
\
Th is is to certify tha t th is is a true ant d accurate copy of
Resolution #41-92-which was adopted by the Common Council of the
City of Muskego.
2/92cac City Clerk