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CCR2003259AMENDED COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #259-2003 .~ RESOLUTION TO APPROVE FORM OF CONVEYANCE OF RIGHTS IN LAND DOCUMENT, AND TO APPROVE AMENDMENT NO.1 TO WELL SITE AGREEMENT AND AMENDMENT NO.1 TO HOMES BY TOWNE OF BIG MUSKEGO ESTATES LLC CITY OF MUSKEGO-BIG MUSKEGO ESTATES SUBDIVIDER'S AGREEMENT BE IT RESOLVED That the Common Council of the City of Muskego does hereby approve the form of the attached Conveyance of Rights in Land document, and does hereby approve the attached Amendment NO.1 to Well Site Agreement, as amended, and the attached Amendment NO.1 to Homes by Towne of Big Muskego Estates LLC- City of Muskego-Big Muskego Estates Subdivider's Agreement. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to sign the Amendment NO.1 to Well Site Agreement, as amended, and Amendment No. 1 to Homes by Towne of Big Muskego Estates LLC - City of Muskego-Big Muskego Estates Subdivider's Agreement in the name of the City with any technical corrections to be made, if necessary, in consultation with the City Attorney. BE IT FURTHER RESOLVED That the Mayor is authorized to execute the Conveyance of Rights in Land document and make any technical corrections to the same provided that the Amendment NO.1 to Well Site Agreement, as amended, and Amendment No. 1 to Homes by Towne of Big Muskego Estates LLC - City of Muskego-Big Muskego Estates Subdivider's Agreement have been completed to the Mayor's satisfaction in consultation with the City Attorney. DATED THIS 9th DAY OF DECEMBER, 2003. SPONSORED BY Mark A. Slocomb, Mayor This is to certify that this is a true and accurate copy of Resolution #259-2003 which was adopted by the Common Council of the City of Muskego. r 12/2003jmb ~ ?t1~ CI -Treasurer '" DOCUMENT NUMBER CONVEYANCE OF RIGHTS IN LAND DOCUMENT TITLE .~ CONVEYANCE OF RIGHTS IN LAND, made by The City of Muske go, grantor, hereby grants to Towne Realty, Ine, grantee, for good and valuable consideration. Lands described below. Legal Description: Outlot 1 of Certified Survey Map No. 9592, located in the Northwest ~ ofthe Northwest ~ of Section 11, Town 5 North, Range 20 East, City of Muske go, Waukesha County, Wisconsin. 1. PURPOSE: The purpose of this conveyance is for the use of lands for storm water retention, including construction of all storm water appurtenances and facilities and the on-going maintenance of said retention area. More specifically, terms and conditions as to construction and maintenance of this area are included in the Developer's Agreement covering this property and all shall be in compliance with all applicable governmental rules, laws and ordinances. RECORDING AREA NAME AND RETURN ADDRESS CITY OF MUSKEGO ENGINEERING DEPARTMENT P.o. BOX 749 W182 S8200 RACINE AVE. MUSKEGO, WI 53150 TAX PARCEL NO. 2202.999.004 2. ACCESS: Grantee or its agents shall have the right to enter the grantor's land for the purpose of exercising its rights within the conveyance area. Said access will not be unreasonable withheld nor shall it interfere with Grantor's use of said lands. - 3. BUILDING OR OTHER STRUCTURES: The grantee agrees that no structures will be erected in the conveyance area other than those approved in conjunction with the storm water facility. 4. ELEVATION: The grantee agrees that the elevation of existing ground surface within the conveyance area will not be altered by more than 4 inches without the written consent of the grantor. 5. RESTORATION: Grantee agrees to restore or cause to have restored the grantor's land, as nearly as is reasonably possible to the condition existing prior to such entry by the grantee and its agents. This restoration, however does not apply to the initial installation of said facilities or any trees, bushes, branches, or roots which may interfere with the grantee's use of the easement area. Grantee shall submit a plan to be approved in writing by Grantor for the construction and restoration of the retention facility prior to any disturbance of the areas. Said construction and restoration shall be completed in accordance with all applicable laws and municipal ordinances. 6. EXERCISE OF RIGHTS: it is agreed that the complete exercise of rights herein conveyed may be gradual and not fully exercised until some time in the future, and that none of the rights herein granted shall be lost. , 7. This grant of easement shall be binding upon and inure to the benefit ofthe heirs, successors and assigns of all parties hereto. r ~ 8. Grantee agrees that at the sole discretion of Grantor, Grantor may expand, enlarge or modify said retention area to serve larger areas, said changes shall not decrease the necessary capacity to serve grantees development, nor shall it release grantee's obligations to maintain it pro-rata share of said retention area. r' 9. In addition to, and not to the exclusion or prejudice of, any provisions of this agreement or documents incorporated herein by reference, Grantee shall indemnify and save harmless, and agrees to accept tender of defense and to defend and pay any and all reasonable legal, accounting, consulting, engineering and other expenses relating to the defense of any claim asserted or imposed upon the Grantor its officers, agents, and employees, and independent contractors growing out of this agreement as stated above by any party or parties except those claims asserted by Grantee against Grantor, its officers, agents and employees in an effort to enforce this Agreement. The Grantee shall also name as additional insured on its general liability insurance the Grantor, its officers, agents, and employees, and any independent contractors hired by the Grantor to perform service as to this Subdivision and give the Grantor evidence of the same upon request by the Grantor. CANDLEWOOD CREEK LLC By Towne Realty, Inc., Manager By: James D. Borris, Vice President STATE OF WISCONSIN ) SS W AUKESHA COUNTY ) PERSONALLY came before me this day of foregoing instrument and acknowledged the same. , 2003 to me known to be the person who executed the ,r- Notary Public-State of Wisconsin My Commission Expires CITY OF MUSKEGO BY Mark A. Slocomb, Mayor BY: Jean Marenda, City Clerklfreasurer STATE OF WISCONSIN) SS W AUKESHA COUNTY ) PERSONALLY came before me this - day of , 2003 , the above named Mark A. Slocomb, Mayor, and Jean Marenda, City ClerkfTreasurer, ofthe 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 ClerkfTreasurer 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 day of ,2003. r Notary Public-State of Wisconsin My Commission Expires This Instrument was drafted by: Sean MeMaDen City ofM..lægo P.O. Box 749 M..lægo WI 53150 .. AMENDMENT NO.1 TO ~ WELL SITE AGREEMENT THIS AGREEMENT, made this 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, 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 platted as Outlot 1 of Big Muskego Estates, being a subdivision of part of Government Lots 2 and 3 in the SW % of fractional Section 13 and part of the NW % and SW % of the SW % 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, 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 9592, being a part of the NW % of the NW % 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, the Developer, Candlewood and City desire to amend the Well Site Agreement to address ~ the revised location of the proposed well site. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: Paragraph 2., 3. and 5. of the Well Site Agreement executed July 23, 2003 is amended by deleting the existing paragraph(s) and replacing it as follows: 2. Concurrent with the execution of this amendment, 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 1 for municipal purposes. If title is acceptable to the City, its dedication to the City shall be completed prior to the City executing the easement favorable to the Candlewood referred to in this Agreement, but in no case later than the 1st day of March, 2004. 5. City shall provide Candlewood with title evidence as to the Retention Area within thirty (30) days of the execution of this amendment. RELATION TO July 23. 2003 WELL SITE AGREEMENT .~ Except as modified by this Amendment No.1, all provisions of the Well Site Agreement executed July 23, 2003 remain in full force and effect. 'AMENDMENT NO.1 , Well Site - City of Muskego Page 2 .-- PARTIES TO AMENDMENT NO.1 IN WITNESS HEREOF, Developer and Candlewood 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 Towne Realty, Inc, Manager By: James D. Borris, Vice President 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 B. CANDLEWOOD CREEK LLC By Towne Realty, Inc., Manager By: James D. Borris, Vice President 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 /'""- . . AMENDMENT NO.1 . Well Site - City of Muskego Page 3 ,,-- 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 BY: Jean Marenda, City Clerkffreasurer 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 Clerkffreasurer, 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 Clerkffreasurer 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 day of , 2003. Notary Public-State of Wisconsin My Commission Expires r . . AMENDMENT NO.1 . Well Site - CIty of Muskego Page 4 r- CERTIFICATION 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 Homes By Towne of Big Muskego Estates LLC, Candlewood Creek LLC, and the City Of Muskego, pursuant to the authorization by the Common Council from their meeting on the day of , 2003. BY THE COMMON COUNCIL Jean K Marenda, CMC City ClerklTreasurer SUBSCRIBED AND SWORN TO BEFORE ME This day of , 2003. (Notary Public) ,r My commission expires This document drafted by: Sean E. McMullen City of Muskego PO Box 749 Muskego, WI 53150 .,r .t , . - AMENDMENT NO.1 TO HOMES BY TOWNE OF BIG MUSKEGO ESTATES LLC - CITY OF MUSKEGO BIG MUSKEGO ESTATES. SUBDIVlDER"S AGREEMENT This Agreement, made this day of ,2003 by and between Homes by Towne of Big Muskego Estates LLC, (the "Subdivider") and the City of Muskego, a municipal corporation of the State of Wisconsin, located in Waukesha County, (the "City"). WITNESSETH WHEREAS, On July 23, 2003 Subdivider and City entered into a Subdividers Agreement relating to the land division for property described as: Being a subdivision of part of govemment lots 2 and 3 in the Southwest 1/4 of fractional Section 13 and part of the Northwest 1/4 and Southwest 1/4 of the Southeast 1/4 of Section 13, all in Town 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the Northeast corner of the Southeast 1/4 of said section; Thence South 87018'00" West along the north line of said 1/4 Section 1834.35 Feet to the point of beginning of lands to be described; Thence South 01011'16" East 1789.28 Feet to a point; Thence South 89001 '34" West 296.89 feet to a point on the centerline of Durham Drive; Thence North 38045'12" West along said centerline 444.48 Feet to a point; Thence North 36003'13" East 14.43 Feet to a point on the aforesaid centerline; Thence North 36058'26" West along said centerline 2.14 Feet to a point; Thence North 40036'26" West along said centerline 425.47 Feet to a point; Thence South 49023'34" West along the Northwest line of Certified Survey Map No. 9409 a distance of 500.00 Feet to a point on the Southwest line of said Certified Survey Map; Thence South 40036'26" East along said Southwest line 485.82 Feet to a point on the South line of the North 1/4 of said government lot 3; Thence South 88007'00" West along said South line 950.00 Feet to a meander corner that is North 88007'00" East 1829 Feet more or less from the water's edge of Big Muskego Lake; Thence North 26042'12" West along said meander line 486.10 Feet to a point on the East line of Holz Drive, a public street; Thence North 07024'05" West along said Holz Drive, the East line of Certified Survey Map No. 7979 and the East line of Block A of Holz's Assessors Plat, a recorded plat, 961.00 Feet to a point; Thence North 03012'59" West along the East line of said Block A, 290.46 Feet to a point on the South line of Holz Drive; Thence North 87027'18" East along said South line 454.88 Feet to a point of the centerline of Durham Drive; Thence South 43004'00" East along said centerline 59.28 Feet to a point; Thence North 46056'00" East 83.68 Feet to a point; Thence North 02032'42" West 50.69 Feet to a point on the North line of the Southwest 1/4 of said section; Thence North 87027'18" East along said North line 799.39 Feet to the center of section; Thence North 87018'00" East along the North line of the Southeast 1/4 of said section 827.64 feet to the point of beginning. Including the lands between the meander line and the water's edge of Big Muskego Lake, as shown on this plat. Containing 92.00 Acres of land, more or less, and hereinafter referred to as the "Subdivision", and r WHEREAS, the Subdivider is required to plat certain areas within the subdivision as Outlots for the purposes of stormwater management, open space and common areas reasonably necessary for the Development according to municipal specifications; and Subdivider and City desire to amend the Subdividers Agreement executed July 23, 2003, and AMENDMENT NO.1 Big Muskego Estates - City of Muskego Page 2 -- WHEREAS, on November 7, 2003 the City of Muskego Water Utility opened the bids for the construction of a Municipal well, and the Public Utilities Committee has made a recommendation to Common Council to accept said bid, and WHEREAS, during the preparation of the Final Plat, the City of Muskego Water Utility was investigating the potential of Outlot 1 as a future Municipal Well Site,and WHEREAS, the Subdivider and City desire to amend the Subdividers Agreement to address the revised plans and dedications. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: SECTION I: PLAmNG Section I of the Subdividers Agreement executed July 23, 2003 is amended by deleting the existing paragraph and replacing it as follows: 1. This Subdivider's Agreement addresses the development of 54 parcels platted for single family residential use, and 3 Outlots platted for open space, stormwater retention purposes, all being under the Provisions of Chapters 17 and 18 of the Municipal Code, and under the auspices of RS-2 I OPD Suburban Residence District with Planned Development Overlay zoning. a) Single family parcels shall conform to the zoning requirements of RS-2 Suburban Residence district, being a minimum of 20,000 square feet in area, and 110 feet in average lot width. b) Outlot 1 is dedicated to the City of Muskego for the siting of a municipal well based upon separate agreement. c) Outlots 2, shall be reserved for common open space and entrance monument purposes, and shall be owned and maintained by an incorporated Owners Association established by Subdivider. d) Outlot 3 is reserved for common open space and stormwater management purposes. A stormwater retention easement on Outlot 3 shall be controlled and maintained by the incorporated Owners Association established by Subdivider. RELATION TO Julv 23. 2003 SUBDIVIDERS AGREEMENT Except as modified by this Amendment No.1, all provisions of the Subdividers Agreement executed July 23, 2003 remain in full force and effect. r ... AMENDMENT NO.1 Big Muskego Estates - City of Muskego Page 3 PARTIES TO AMENDMENT NO.1 IN WITNESS HEREOF, Subdivider 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. A. HOMES BY TOWNE OF BIG MUSKEGO ESTATES LLC TOWNE REAL TV, INC., MANAGER By: James D. Borris, Vice President STATE OF WISCONSIN) SS WAUKESHA COUNTY ) PERSONALLY came before me this day of , 2003, James D. Borris, to me known to be the persons who executed the foregoing instrument and acknowledged the same. Notary Public-State of Wisconsin My Commission Expires ,-- r , AMENDMENT NO.1 BIg Muskego Estates - City of Muskego Page 4 r-' 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. B. City Of Muskego: BY: Mark A. Slocomb, Mayor BY: Jean K. Marenda, City Clerkffreasurer 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 Clerkffreasurer, 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 Clerkffreasurer 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 day of , 2003. Notary Public-State of Wisconsin My Commission Expires (" .. . AMENDMENT NO.1 Big Muskego Estates - City of Muskego Page 5 ..- CERTIFICATION This is to certify that the foregoing is a true and correct copy of the Subdivider's Agreement for Big Muskego Estates Subdivision, Muskego, Wisconsin, as entered into on the 23rd day of July, 2003, by and between Homes by Towne of Big Muskego Estates LLC and the City Of Muskego, pursuant to the authorization by the Common Council from their meeting on the day of , 2003. BY THE COMMON COUNCIL Jean K. Marenda, CMC City ClerkfTreasurer SUBSCRIBED AND SWORN TO BEFORE ME This day of . 2003. (Notary Public) My commission expires This Instrument was drafted by: ,- Sean E. McMullen Director of Engineering/Building City of Muskego P.O. Box 749 Muskego, WI 53150 r COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #259-2003 ,-- RESOLUTION TO APPROVE FORM OF CONVEYANCE OF RIGHTS IN LAND DOCUMENT, AND TO APPROVE AMENDMENT NO.1 TO WELL SITE AGREEMENT AND AMENDMENT NO.1 TO HOMES BY TOWNE OF BIG MUSKEGO ESTATES LLC CITY OF MUSKEGO-BIG MUSKEGO ESTATES SUBDIVIDER'S AGREEMENT BE IT RESOLVED That the Common Council of the ity ~M kego does hereby approve the form of the attached Conveyance of hts in .a document, and does hereby approve the attached Amendment NO.1 Well Si i. greement and the attached Amendment NO.1 to Homes by Tow of Big M..kego Estates LLC - City of Muskego-Big Muskego Estates Subdivider's reem !\/ BE IT FURTHER RESOLVED That the M orand Ik- Treasurer are authorized to sign the Amendment NO.1 to Well Site reemen nd Amendment NO.1 to Homes by Towne of Big Muskego Estates LLC - of M o-Big Muskego Estates Subdivider's Agreement in the name the Ci th any technical corrections to be made, if necessary, in consultation th the ttorney. \. BE IT FURTHER RESOLVED T t the M y r is authorized to execute the Conveyance of Rights in Land document an make any chnical corrections to the same provided that the Amendment NO.1 to ell Site Agreement and Amendment NO.1 to Homes by Towne of Big Muskego Esta s LLC i of Muskego-Big Muskego Estates Subdivider's Agreement h e been leted to the Mayor's satisfaction in consultation with the City ttorney. DATEDTHIS_D ,2003. SPONSORED BY Mark A. Slocomb, Mayor This is to certify that this is a true and accurate copy of Resolution #259-2003 which was adopted by the Common Council of the City of Muskego. (' Clerk-Treasurer 12/2003jmb