CCR1996054COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #54-96
APPROVAL OF FINAL PLAT AND SUBDIVIDER'S AGREEMENT
Wilkinson Estates Addn. #1
0 WHEREAS, the Preliminary Plat creating 10 lots for Wilkinson
Estates Addn. #1 was approved in Resolution #145-94; and
WHEREAS, a Final Plat was submitted on January 11, 1995 for the
Wilkinson Estates Add'n. No. 1 Subdivision to create 5 Single
family lots and one outlot in the NE 1/4 of Section 18; and
WHEREAS, these lots are a redivision of Lot 5 and Lot 6 approved
through the Final Plat of Wilkinson Estates; and
WHEREAS, the Plan Commission has recommended approval; and
WHEREAS, the Subdivider's Agreement has been received for
Wilkinson Estates Add'n. No. 1, 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 Wilkinson Estates
Add'n. No. 1 subject to approval of the City Engineer and all
objecting and approving agencies, receipt of all fees as provided
in Section 18.14 of the Land Division Ordinance, and any
special assessments which may be due.
BE IT FURTHER RESOLVED that the Subdivider's Agreement for
Wilkinson Estates Addn. No. 1, as attached, is hereby approved
of said approvals to be obtained within thirty (30) days of the
subject to approval of the City Attorney and City Engineer, all
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
City.
authorized to sign the necessary documents in the name of the
DATED THIS 13th DAY OF FEBRUARY , 1996.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Domonic D'Acquisto
Ald. Patrick A. Patterson
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
Resolution #54-96 which was adopted by the Common Council of the
2/96 jmb
SUBDIVIDER'S AGREEMENT
This Agreement, made tnis - day of , i996, by
and between Louis A. Wilkinsor. and Patricia M. Wilkinson, the ". .~.. ~~ ~~
"Subdivider" and the City of Muskego, a n3xiciFal corporation of
the State of Wisconsir., located in WaGkesha County, hereinafter
called the "City. "
WITNESSETH
WHEREAS, the Subdivider has submitted for approval by tha City
a proposed Final Flat for Wilkinson Estates Add'n. No. 1, B
boundary descriptioc Of which is zttached hereto as Exhibit A, tne
original of which will be recorded with the Register of Deeds for
Waukesha County and a copy of which is on file in the Gffice of the
City Clerk, for which a Final Plat was qprovec by the City on
NHZREAS, Section 236.13 of the Wisconsir. Statctes provides
that as a cor,dition of piat approvai, che Soverxing body of the
City may require that the Developer make and instali ceztair. pGblic
improvements reasonably necessary for the Scbalvision end further,
may require dedication of storin and sarfece water drainage
construction of said improvements accorcicq to mGnicipei facilities within the Subdivision, to be ccaditioned u?on the
specifications without cost to said nunicipality; and
WHEREAS, the City's Enqineers, the City's Public works
Connittee, Public Utility Coinmittee and Finance Comjittee have dciy
approved, contingext of certain other appro-Jals, Subdivider's plaas
and specifications for subdivision inprovements, and the City's
Plan Commission and Common CCu.7cil have dxiy approved the final
plat of Wilkinson Estates Add'n. No. 1, continqent upon the
execution and performance of this agreement by the Subdivider.
grading, roadway apd other reqcirea inpzoveKents within tke pubiic
WHZREAS, the sanitary sewers, watermair.s, s:orn sewers,
right-of-way of Tyler Drive ar.d Pasadena Drive have been
constructed Fursuant to the term of the Subdivider's A5reenent for
Kimberly Estates.
NOW, THEREFORE, in consideration of the covenants herein
contained, the parties hereto agree as follows:
-1-
WILKINSON ESTATZS ADD'N. NO. i
PAGS 2
SUBDIVIDER'S AGREEMENT
SECTION I. IMPROVEMENTS:
Subdivider, entirely at its expense, shall:
A. STORM AND SURFACE WATFR DRAINAGE AND MASTER GRADING PLAN:
1. Subdivider shall construct, install, furnish and
provide facilities as approved by tne City Engineer
and Public Works Committee for storm and surface
water drainage throughout the entire Subdivision,
and e Master Gradin5 Plan providing for sump pump
discharge to a tile or storm sewer system, all in
accordance with the plars ar.d specifications
attached hereto, made a part hereof acd marked
Exhibit "8". The City retains the riqht to require
the Subdivider to install acditional storm drainaqe
and erosion control masures prior to acceptance of
improvements by the City of Muskego.
2. The CITY shall furnish tr, the Subdivider such
permits or easemexts as nay be reqaired in any
public street or property to enter upon and install
the above described surface water drainage system
therein.
3. Subdivider shall restore areas within pcblic right-
of-way which are disturbed by sump drain and
lateral construction.
4. Due to the wooded nature of the subdivision, gfadins
will be conducted on a lot by lot basls in
accordance with Section IV, 3 of this agreement.
Garage slab elevation for the lots shall be as
follows: Lot 8 (883.2), Lot 9 (882.2), Lot 10
(881.2) and Lot 11 (879.6). All other lot grades
and limits of gradinq may be varied on a lot by lot
basis upon approval of the auilding Inspector and
subject to the standard amendment procedure. All
grades must be verified by ?roperty Omer and/or
Builder's Sngineer sfter completion with the
following tolerances: All lot corners must be from
exact to plus or minus two (2) inches. Overall lot
grades must be from exact to minus six (6) inches.
House pads from exact to minus twelve (12) inches.
All swales and ditches must be graded to exactly
minus three (3) inches to allow for standard finish.
(See Section XI, C).
WILKINSON ESTATES ADD'N. NO. 1
SJaDIVIDER'S AGXEEMENT
?AGE 3
8. LANDSCAPING:
1. Subdivider shall preserve existing trees outsi.de of
the public right-of-way wherever practical, when
installing the Subdivision improvements.
2. Subdivider shall remove and lawfully dispose of:
(a) all old barns, outbuildings; (5) destroyed
trees, brush, tree trunks, shrubs and other natural
growth; (c) and all rubbish.
3. If not provided by Kimberly Estates Subdivision,
with Section 18.60 of the Muskego Land Division
Subdivider shall plant street trees ir. accordance
Ordinance and Resolution #PC 101-93.
1.
2.
3.
4.
C. EROSION CONTROL MSASURES
Scbdivider shall construct. install. furnish acc!
provide a complete system of Zrosion Control
Devices or measures in specified areas of the
Subdivision, as approved by the City Ecgineer acd
accordance witn the plans and specifications with
the Building Inspection Department and in
Chapter 29 of the City's Municipi Code.
approved pians prior to the gradinq and
Install silt fencir?? in conformance with the
construction work. Such fences shall be naintained
by the Subdivider until such tine as turf cover is
established in the Subdivision. No gadin9 shall
Occur without a two (2) day notice to tne City.
Kulching and seeding of all disturbed areas to
comply with Chapter 29.
Subdivider is responsible for cbtsining Erosion
Control Permits for the site for controi!ing erosior,
on the site and each individcal iot owner is
responsible for the obtaining a seaarate erosion
control permit at the time a.?y vegetation is
disturbed and are responsible for controlling
erosion on their lot.
SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section I. above shall be
completed by the Subdivider in tota? withir, one (1) year from
signing of this Ayreement or except if an earlier date is provided
for in the Agreement.
WILKINSOK ESTATES ADD'K. NO. 1
PAGE 4
SUBDIVIDER'S AGREEMENT
SECTION 111. DEDICATION
Subdivider shall, without charge to the City, upon completion of
Subject to all of the other provisions of this aqreernent,
the above described improvements, unconditiocally give, grant,
convey and fully dedicate storn and surface water dreinage
as described in the deed restrictions, to the City, its successors
facilities (i.e. sump drain(s)) as illustrated on Zxhibit "a" and
and assigns, forever, free and clear of all encumbrances whatever
together with and including, without limitation because of
enumeration, any ar.d all land, pipelines, and necessary easements
for access thereto. The City will be receptive to the dedication
of said improvements upon satisfactory corcpletion.
SECTION IV. INSPECTIONS AND ADMINISTRATION FEES:
subdivider shall pay and reinburse the City in advaxe of the
signing of the Agreement, in accordance with Section 18.14 of the
CITY'S Land Division Ordinance and at times specified herein, but
in any event, no later than thirty (30) days after billing, a11
fees, expenses and disbcrsemezts which shall be incurred by the
CiTY prior to and following the date hereof in connection with or
acceptance of the improvements covered by Section I, ixcluding
relative to the cocstruction, installation, aedicazion and
without limitation by reason of enuneratior., iesign, engineering,
preparing, checking and review of designs, plans and
specifications;
construction is in compliance with the aaplicable plans,
supervision, inspection to insure that
specifications, regulations and ordinances; legal, administrative
and fiscal work undertaken to assure and implement such compliance.
Failure to pay or reimburse the City in a timely manner nay cause
all anticipated or outstanding inspection and administration fees
the City to cease all construction inspections until such time as
have been sstisfied.
SECTIOM V. MISCELLANEOUS REQUIREMENTS:
The Subdivider snall:
A. Easements: Provide any easements on Subdivider's ?and
deemed necessary by the City Engineers prior to tire Final
Plat being signed, provided such easemexts are a1or.g lot
lines or to the rear of the lots and are not any rcore
restrictive to the buiiding of homes beyond the
applicable sideyard and.offset distances required by the 0
zoning for sach lots.
.,
~@ SUSDIVIDER'S AGREEMENT
WILKINSON ESTATES ADD'N. No. 1
PAGE 5
0
B.
C.
D.
E.
F.
G.
H.
Manner of Performance: Cause ell constraction called for
by this Agreement to be carriei out and performed in a
good and workmanlike manner.
block or other inonuments required by State Statute or Survey MOnilme2tS: properly piace ana install any lot,
City Ordinance.
Deed Restriction: The sale of the lots by iOUiS A.
VJilkinson and Patricia M. Wilkinsoa, in Wilkinson Estates
Add'n. No. 1 shall have incorporated in their respective
deeds a restriction which states the following:
"Each lot owner nst strictly adhere to and finish grade
his lo: in accordance witn the Master Grading Plan on
file in the off ice of the Subdivider ar.d the office of
by the auilding Inspector. The Subdivider and/or the City
the City Buiidicc Inspector unless a chanGe is approved
and/or the agents, employees or independent contractors
shall have the right to enter upon any Is:, at any t:me,
any drainage conditions and the pro2erty Owner is
for the purpose of inspection, raictenecce, correction of
responsible for the cost of the sane."
Grades: Furnish to the Juilding inspector end the CITY a
copy of Exhibit "5" showing the street grade in front of
each lot, the finished yard grade, the grade of ali four
(4) corners of the lot and grgaes of the buildings cn
adjoining lots, where applicable, as existins and as
proposed.
Siaht Distances: Restricts lots on the face of the
plat so that 110 structure of any kixi which exceeds a
height of 2 1/2 feet above the center of the intersection
shall Se permitted in the vision setback area in
conformance with Section 17:5.02(2) of the Zoaing
ordinance.
Sump Pump Connections: The Ssbdivider shall furnish to
the Plumbing inspector of the CTTY a copy of storin drains
made part hereof and marked Exhibit "6" showing the
and ciean out locations in the form attached hereto an6
locations of connections whereby smp pmp drains can be
connected from each dwelling to the storm sewer system.
The ends of each line shali have a clean out in
conformance with the City Standard Details.
permits inc1udir.g the Wisconsin D.N.R. and U.S. Amy
Permits: Submit to the CITY valid copies of any agerxy
Corps of Engineers before construction comnences and
prior to any preconstruction meetins.
"
0 SUBDIVIDER'S AGREEMENT
WILXIXSON ESTATES ADD'N. NO. 1
SECTION VI. GUARANTEES:
The Subdivider shall guarantee ssrface water drainage
improvements and all other improvements described in Section I,
or workmanship provided that such defects aspear aithin a period of
Itens A.i and A.3, hereof, against defects due to faulty materials
one (1) year from the date of dedicatio;: and acceptance. The
Subdivider shall pay for any danaqes to CITY property resulting
fron such faulty materials of workmanship. This Guarantee shall
workmanship or materials. Wisconsin law on negligence shall govern
not be a bar to any action the CiTY might have for negligent
such situation.
SECTION VII. GENERAL INDEMNITY:
In addition to, and not to the exclusion or prejudice of, any
provisions cf this agreement or documects: iacorpozated herein by
reference, Subdivider shall indemnify and save harmless, and agrees
to accept tender of de€ense and to ciefeza and pay any acd ail
reasonable legal, accounting, consclting, e2giceering and other
expenses relatizg to the defense of any claim assezted or imposed
upon the CITY, its officers, agents, and employees, a.:d independent
contractors growing out of this agreement as stated above by any
party or parties. The Subdivider shall also naze as additional
Insured on its general liability insurance the CITY, its officers,
agents, and eaployees, and any independent contractors hired by the
CITY to perforn service as to this Subdivision and give the CITY
evidecce of the same upon request by the CITY.
SECTION VIII. AGREEHENT FOR BENEFIT OF PURCHASERS:
The Subdivider shall agree that in addition to the CITY'S
rights herein, the provisions 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. Further, thit the sale of any
lot or parcel snali not release the Subdivider from completing the
work on the attached Exhibits.
WILKINSON ESTATES ADD'N. NO. 1
SUaDXVIDER'S AGXEZMENT
PAGZ a
SECTION IX. ACCEPTANCE OF WORK AND DEDICATION:
improvemects, as required in Section I. 1 and I. 3, and shall
As and when the Subdivider shall have completed the
dedicate the sane to the CITY as ser: forth herein, the sane shall
be accepted by the CITY if said improvemen:s havs bee2 completed as
orlinances and other applicabie law and approved by the City
required by this Agreement and as required by applicable CITY
EnGineer, City Finance Committee and Comon Council.
SECTION X, EROSION CONTROL PLAN AND PERMIT
Subdivider shall submit to the City, an application for a Land
Disturbing Permit and an Zrosion Control Plan in accordance with
the requirements of Section 29.06 of the City's Erosion Control
Ordinance (Ord #560) to address the areas associated with the sump
drain installation. No construction or grading can. bepin until
said permit is received from the City.
SECTION XI. CONSTRUCTION PERMITS, ETC...:
1. The CITY shall, .xithin its sathority, issae such permits,
adopt such resolutions, and execcte such documents as nay be
necessary to permit the Subdivider to construct the improvemects in
accordance with the plans and specifications called for by this
agreement, upon Subdivider's compiiance xitn any deposit provisions
or other requirements of the a?plicable ordinances or regulations;
and the CITY shall cooperate with the Sxbdivider in ojtaining
similar permits, resolutio~s and docnaents 8s may be necessary from
other anthorities havicg jurisdiction in the premises.
2. The CITY shall, as a condition of the Subdivider executing
this Agreement, make available to the Subdivider or their nominee
successors or assigns, building pernits for the construction of
single family residences subject to the provision of Sectior. XIi.
SECTION XII. BUILDING AND OCCUPANCY PERMITS
It is understood ana agreed that no building permits or
occupancy permits shall be issued for any homes until the City's
Engineers have determined that:
A: All lot grades and drainace facilities shall conform to
the Master Gradicg Plan (see Section I.).
B: Negative balance in Leveloper's Deposit is satisfied
unless otherwise authorized by the Planning Director.
KILKINSON ESTATES ADD'N. NO. 1 ." ~ ~
PAGE 9
SUBDIVIDER~S AG~EEMENT
SECTION XIII. GENERAL CONDITIONS AND REGULATIOIUS:
herein by reference, and all such grovisions shail bind the parties
All the provisions of the CITY'S ordinacces are incorporated
hereto and be a part of this Agreement as fully as if set forth et
required hereuader shall be ?erformed and carried out in strict
iecgtn herein. This Aqreerent and all work and ixprovenents
accordance with ana subject to the provisions of said ordinarices.
SECTION XIV. FINANCIAL QUARANTEE:
A. CASH DEPOSIT:
Prior to the execution of this agreement by the CTTV, :;le
Subdivider shall place on deposit with the CITY the
ainount of $ 2,000 (Two Tnousand Dollars) as a guarantee
that the required plans, improvemects, and a2provais will
be Completed by tne Subdivider and his subcontractors no
except .if another date is proylided within this Agreement
iater than one (i) year from signing cf the aqreenent,
and as a further quarantee that all obligations to the
subcontractors for work on the Subdivision are satisfied.
(See Section X1V.C. regarding Developer's Deposit).
B. RELEASE OF FENDS FROM CAS3 DEPOSIT:
The Subdivider shall provide CITY with a written
request to the Finance Comittee accompanied by:
Request for ilmendment to Cash Deposit, invoices for
work complezed for which a release is being
requested, breakdown of illvoices in format of Public
all work which is subject of reiease request
Improvement Cost Breakdown form, lien waivers for
(See Section XIVC.).
C. DEVELOPER'S DEPOSIT:
The Subdivider shall maintain a positive balacce in
the Developer's Deposit. Eo release from the Cash
Deposit shail be entertained until the Developer's
Deposit is satisfied unless otherwise authorized by
the Common Council following a reconmendation of the
Finance Comittee ( See Section XIVB.)
WILKINSON ESTATES ADD'N. NO. 1
SUBDIVIDER'S AGREEMENT
PAGE 10
- SECTION XV. PARTIES BOUND:
Subdivider or his assignees shall be boul;d by the terms of
this agreement or any part herein as it applies to a;ly phase of the
development of the Subdivision.
SECTION XVI. ASSIGNMENT:
Subdivider shall not assign this Agreement without the written
consent of the CITY.
SECTION XVII. AKENDMENTS:
The City and the subdivider, by mutual consent, nay amend this
agreement, by written agreement between the CITY and the
Subdivider.
IN WITNESS HEREOF, Subdivider and CITY have caused this
Agreement to be signed by their appropriate officers and their
seals to be hereunto affixed in duplicate original counterparts 03
the date and year first written above.
Subdivider:
By :
Louis A. Wilkinson
By:
Patricia M. Wilkinson
CITY OF MUSKEGO:
By :
David L. DeAngelis, Mayor
By :
Jean Marenda, City Clerk
WILKINSON ESTATES ADD'N. NO. 1
?AGE 11
SUBDIVIDER'S AGREEMENT
STATE OF WISCONSIN ) ss
WAUKESHA COUNTY )
DERSONALLY cane before me this day of I
1996, ~ouis A. Wilkinson and Patricia M. Wilkinson, to ne know:. tO
be the persons who executed the foregoing instrument snd
acknowledged the same.
Notary Public-State Of Wisconsil?
My Commission Expires
STATE OF WISCONSIN ) ss WAUKESHA COUNTY )
PSRSONALLY came before me this
1996, the above named David L. DeAngelis, hyor, and Zean Marenca,
day of - I
Muskego, to ne known to be the persons executed the foregoing
CiTY Clerk, of the above named municipal corporatioc CITY Of
municipal corporation, and acknowledged tnat :hey executed the
instrument, and to me known to be such Mayor a;ld City Clerk of said
corporation by its authority ar.d pursuen: to the authorization by
foregoing instrument as such officers as the deed of said mnicipal
the Common Council from their meeting on :he day of , 1996.
Notary Public-State of Nisconsin
My Commission Expires
CERTIFICATION
This is to certify that the foregoin5 is J true and correct copy of
Muskego, Wisconsin, as entered into on the
the Subdivider's Agreement €or Wilkinson Sstates Add'n. No. 1,
, 1996, by and between Louis A. Xilkinso.?
and Patricia M. Wilkinson and the CITY OF MUSKEGO, pursuant to the
authorization by the Common Council from their meeting on the
day of , 1996.
dsy of
Jean Marenda, City Clerk
Clerk of Muskeqo, Wisconsin
WILKINSON ESTATES ADD'N. NO. 1
PAGE 12
SUBDIVIDJR'S AGXZEMENT
WILRINSON ESTATES RDD'N. NO. 1
LIST OF EXHIBITS
EXHiBIT A BOUNDARY DESCRIPTION & FINAL PLAT
EXHISIT B MASTER SITE GRA31NG PLAN