CCR2003151.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #151-2003
APPROVAL OF WELL SITE AGREEMENT BETWEEN
HOMES BY TOWNE OF BIG MUSKEGO ESTATES LLC,
CANDLEWOOD CREEK LLC AND THE CITY OF MUSKEGO
WHEREAS, The Finance Committee has reviewed the attached Agreement and has
recommended approval.
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 attached Well Site Agreement between Homes by Towne of Big Muskego Estates
LLC, Candlewood Creek LLC and the City of Muskego.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the Agreement in the name of the City with any technical corrections to be made if
necessary.
DATED THIS 24th DAY OF June ,2003.
SPONSORED BY
FINANCE COMMITTEE
Ald. Rick Petfalski
Ald. Nancy Salentine
Ald. Eric Schroeder
This is to certify that this is a true and accurate copy of Resolution #151-2003 which
was adopted by the Common Council of the City of Muskego.
6/2003jmb
~K. J11~ CI -Treasurer
WELL SITE AGREEMENT
. THIS AGREEMENT, made this
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day of , 2003 by and between HOMES By TOWNE OF
BIG MUSKEGO ESTATES LLC (the "Developer"), CANDLEWOOD CREEK LLC ("Candlewood") and the CITY
OF MUSKEGO, a municipal corporation of the State of Wisconsin, located in Waukesha County, (the
"City").
WITNESSETH
WHEREAS, Candlewood proposes to develop lands described as Outlot 5 and Outlot 6 of
Candlewood Creek, being a subdivision of a part of the SW )1." SE )1." and NE )I., of the NW y., of Section
11, T5N R20E, City of Muskego, Waukesha County, Wisconsin (hereinafter the "Subdivision Property"),
and
WHEREAS, City has conducted studies and physical site explorations to determine the optimal
location for a new municipal well, and has determined that lands owned by Developer include a site with
optimal geophysical characteristics, and said site is proposed to be platted as Outlot 2 of Big Muskego
Estates, being a subdivision of part of Government Lots 2 and 3 in the SW y., of fractional Section 13
and part of the NW y., and SW y., of the SW y., of Section 13, all in T5N R20E, City of Muskego,
Waukesha County, Wisconsin (hereinafter the "Well Site"), and City seeks to acquire said Well Site, and
WHEREAS, Subdivision Property can not be developed without the provision of storm water
management appurtenances required by Chapter 34 of the City of Muskego Municipal Code, and said
appurtenances can not be economically constructed on the Subdivision Property, and Candlewood
seeks off-site accommodation of required storm water management appurtenances, and
. WHEREAS, City is the owner of certain lands located immediately north of the Subdivision
Property, which includes lands intended for retention pond useage, said lands described as a part Outlot
1 of CSM 9215, being a part of the NW )I., of the NW y., of Section 11, T5N R20E, City of Muskego,
Waukesha County, Wisconsin (hereinafter the "Retention Area"), and said lands may accommodate the
Subdivision Property's accommodation of required storm water management appurtenances by way of a
grant of an easement by the City to Candlewood, and
WHEREAS, due to the commonality of ownership between Developer and Candlewood, Developer
agrees and would be economically benefited by dedicating the Well Site to the City in exchange for the
grant by the City to Candlewood of an easement for the use of the Retention Area for Candlewood's
storm water management appurtenances, pursuant to the terms and conditions contained herein.
THEREFORE, in consideration of the covenants herein contained, the parties hereto agree as
follows:
1. Concurrent with the platting of Big Muskego Estates Subdivision, Developer agrees to dedicate
the Well Site to City of Muskego free and clear of all encumbrances and without cost to the City..
City shall be responsible for construction of any utility appurtenances deemed necessary, without
cost to Deveioper.
2. Concurrent with the platting of Big Muskego Estates Subdivision, Developer shall provide the City
with title evidence as to the Well Site.
. 3. If, for any reason, the title to said Well Site is not acceptable to the City, the City may declare, at
its sole option, this Agreement to be null and void and the plat for Big Muskego Estates
Subdivision shall be revised to eliminate any reference to the dedication or reservation of Outlot 2
for municipal purposes. If title is acceptable to the City, its dedication to the City shall be
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completed prior to the City executing the easement favorable to the Candlewood referred to in
this Agreement, but in no case later than the 31st day of December, 2003.
4. Concurrent with the platting of the Subdivision Property, City shali without cost to Candlewood,
grant easements use of the Retention Area. Candlewood shali be responsible for construction of
any stormwater appurtenances deemed necessary, without cost to City, and in accord with ali
applicable rules, regulations and ordinances and in compliance with ali City and ali other
necessary government approvals.
5. Concurrent with the platting of the Subdivision Property, City shali provide the Candlewood with
title evidence as to the Retention Area.
6. If, for any reason, titie to the easement for the Retention Area is not acceptable to the Developer
and Candlewood, the Developer and Candlewood may deciare this Agreement nuli and void. If
an easement agreeable to both parties cannot be negotiated, either party may declare this
Agreement nuli and void.
7. If the Weli Site has already been dedicated to the City when this Agreement is declared nuli and
void, the City, at its sole option, may pay the Developer $175,000.00 for the Well Site or the City
may reconsider its acceptance of the dedication, reject the same and the parties will cooperate to
return title of the Weli Site to the Developer.
8. Developer and Candlewood understand that any Retention Area easement negotiated may
contain provisions for the City taking controi of said Retention Area at a later date and using
and/or expanding said Retention Area to serve a larger area.
. 9. Neither Developer nor Candlewood shali assign this Agreement without the written consent of the
City.
10. The City, the Developer and Candlewood, by mutual consent, may amend this Agreement, by
written agreement between the City, the Developer and Candlewood."
IN WITNESS HEREOF, Developer and Candiewood have caused this Agreement to be signed by their
appropriate officers and their seals to be hereunto affixed in duplicate original counterparts on the date
and year first written above.
A. DEVELOPER: HOMES BY TOWNE OF BIG MUSKEGO ESTATES LLC
By:
STATE OF WISCONSIN) SS
WAUKESHA COUNTY)
PERSONALLY came before me this day of ,
2003 to me known to be the person who
executed the foregoing instrument and acknowledged the same.
. Notary Public-State of Wisconsin
My Commission Expires
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B. 8
By:
CANDLEWOOD CREEK LLC
STATE OF WISCONSIN) SS
WAUKESHA COUNTY)
PERSONALLY came before me this day of , 2003 to me known to be the person who
executed the foregoing instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
IN WITNESS HEREOF, City has caused this Agreement to be signed by its appropriate officers and
their seals to be hereunto affixed in duplicate original counterparts on the date and year first written
above.
C. CITY OF MUSKEGO
BY
Mark A. Slocomb, Mayor
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BY:
Jean Marenda, City Clerk/Treasurer
STATE OF WISCONSIN) SS
WAUKESHA COUNTY)
PERSONALLY came before me this _day of , 2003 , the above named Mark A.
Slocomb, Mayor, and Jean Marenda, City Clerk/Treasurer, of the above-named municipal corporation
City of Muskego, to me known to be the persons executed the foregoing instrument, and to me known to
be such Mayor and City Clerk/Treasurer of said municipal corporation, and acknowledged that they
executed the foregoing instrument as such officers as the deed of said municipal corporation by its
authority and pursuant to the authorization by the Common Council from their meeting on the. 24th
day of June, 2003.
Notary Public-State of Wisconsin
My Commission Expires
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CERTIFICATION
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This is to certify that the foregoing is a true and correct copy of the Well Site Agreement for Homes By
Towne of Big Muskego Estates LLC, Candlewood Creek LLC and the City of Muskego, Wisconsin, as
entered into on the day of , 2003, by and between
and the City Of Muskego, pursuant to the authorization by the Common Council from their meeting on
the 24th day of June, 2003.
BY THE COMMON COUNCIL
Jean K. Marenda, CMC
City Clerk/Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this- day of ,2003.
(Notary Public)
My commission expires
This document drafted by:
Brian D. Turk, Director of Planning
PO Box 749
. Muskego, WI 53150
G:\L.,'SJDlDDC\D", 'com Dth" Offic"'W," Sit, Agml CLEAN 061303,doo
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