CCR2004045COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #045-2004
APPROVAL OF DRIVEWAY AGREEMENT
BETWEEN THE CITY OF MUSKEGO AND
PRAIRIE MEADOWS ESTATES, LLC
WHEREAS, The attached Agreement between the City of Muskego and Prairie
Meadows Estates, LLC outlines the conditions for the parties to share a common
driveway in accordance with a condition precedent established by Waukesha County
for the County's approval of the Plat for Prairie Meadows Subdivision.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego does hereby approve the attached Driveway Agreement between the City of
Muskego and Prairie Meadows Estates, LLC.
BE IT FURTHER RESOLVED That the Mayor, in consultation with the City Attorney,
may make necessary technical changes to the Agreement.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby
authorized to execute the agreement in the name of the City.
DATED THIS 9th DA Y OF March ,2004.
SPONSORED BY:
Mark A. Slocomb, Mayor
This is to certify that this is a true and accurate copy of Resolution #045-2004 which
was adopted by the Common Council of the City of Muskego.
3/2004jmb rj{ W1~ CI r -Treasurer
DRIVEWAY AGREEMENT
This Driveway Agreement ("Agreement") is made as of the day of February, 2004, by
Prairie Meadows Estates, LLC, a Wisconsin limited liability company ("Prairie Meadows") and the City
of Muskego, a governmental body organized under the laws of the State of Wisconsin ("City").
WITNESSETH:
WHEREAS, Prairie Meadows owns Lot 1 in Prairie Meadows Subdivision, a subdivision located
in the City of Muskego, County ofWaukesha, State of Wisconsin; and,
WHEREAS, the City owns the lot to the immediate north of said Lot 1; and,
WHEREAS, the lots described in the above recitals are to share a common driveway in
accordance with a condition precedent established by Waukesha County for the County's approval of
the Plat for Prairie Meadows Subdivision; and,
WHEREAS, a driveway currently exists on the lot owned by the City; and,
WHEREAS, the City and Prairie Meadows desire to establish certain conditions, covenants,
resolutions and reservations as hereinafter set forth for their benefit and for the benefit of their
respective, heirs, successors and assigns.
NOW, THEREFORE, the City and Prairie Meadows agree as follows:
1.
meamngs:
Definitions. As used in this Agreement, the following terms have the following
a. "Agreement" shall mean this Driveway Agreement.
b. "City" shall mean the City of Muskego, a governmental body organized under
the laws ofthe State of Wisconsin.
c. "Driveway Purposes" as it applies to Lot 1 shall mean those purposes for which
a residential driveway is usually and customarily used, and as it applies to Lot
2 shall mean those purposes for which a driveway leading to a municipal sewage
pumping station is usually and customarily used.
d. "Extension Driveway" shall mean that driveway located upon Lot 2 which
provides the Lot 1 Owner access to and ITom the Joint Driveway ITom Lot 1;
said Extension Driveway being conceptually shown on Exhibit 2, attached
hereto and incorporated herein by reference.
e. "Joint Driveway" shall mean only that part of the driveway located on Lot 2 the
use of which is reasonably necessary for Lot 1 Driveway Purposes.
f. "Lot(s)" shall mean Lot 1 and Lot 2.
g. "Lot 1" shall mean the lot legally described on Exhibit 1, attached hereto and
incorporated herein by reference.
h. "Lot 1 Owner" shall mean Prairie Meadows and the successors in interest of
Prairie Meadows who own Lot 1.
1. "Lot 2" shall mean the lot legally described on Exhibit 3, attached hereto and
incorporated herein by reference.
]. "Lot 2 Driveway" shall mean the Extension Driveway and the Joint Driveway.
k. "Lot 2 Owner" shall mean the City and the successors in interest ofthe City who
own Lot 2.
1. "Prairie Meadows" shall mean Prairie Meadows Estates, LLC, a Wisconsin
limited liability company.
2. Construction of Extension Driveway. The Lot 1 Owner may in said owner's discretion
construct the Extension Driveway over and upon Lot 2 for Driveway Purposes. Such construction shall
include but not be limited to the right to (i) fill the drainage ditch between Lot 1 and Lot 2 and/or the
drainage ditch on Lot 1 fronting North Cape Road, provided that the Lot 1 Owner pays for culverts of
size reasonably required by the City Engineering Department and pays all other expenses associated with
filling of such drainage ditches, and (ii) constructs the driveway of such material as the Lot 1 Owner
deems appropriate.
3. Approvals. The Lot 1 Owner shall prior to placing the Extension Driveway on Lot 2
submit to the City Engineering Department for review and written approval a drawing ofthe proposed
Extension Driveway and how said driveway adjoins the Joint Driveway. Provided that the Extension
Driveway is generally located as depicted on Exhibit 2 the City Engineering Department's written
approval of the drawing shall not be unreasonably delayed or withheld.
4. Maintenance of Lot 2 Driveway.
a. The Lot 2 Owner shall be responsible for the repair and maintenance ofthe Joint
Driveway, including, but not limited to, snow removal, patching of potholes,
resurfacing and sealing. The Lot 1 Owner shall be responsible for the repair and
maintenance of the Extension Driveway, including, but not limited to, snow
removal, patching of potholes , resurfacing and sealing. The Joint Driveway and
the Extension Driveway shall be maintained in good repair at all times.
Notwithstanding anything contained in this Section 3. to the contrary, the Lot 1
Owner may, but shall have no obligation to, remove snow from the Joint
Driveway. The Lot 2 Owner is and shall be under no obligation to remove snow
to accommodate the Lot 1 Owner's use of the Lot 2 Driveway. The Lot 2
Owner's failure to remove snow from the Lot 2 Driveway shall not constitute or
be construed as an obstruction, impairment or impediment preventing the Lot
1 Owner's use of the Joint Driveway. The Lot 2 Owner shall not intentionally
place snow removed from the Joint Driveway to such a location so as to
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obstruct, impair or impede the Lot I Owner's ingress and egress from the Joint
Driveway to the Extension Driveway.
b. Notwithstanding anything contained in Section 4.a. above, to the contrary, ifthe
Joint Driveway is damaged as a result of construction on Lot I, or by any other
means which is caused by the Lot 1 Owner, then, in that event, the Lot I Owner
shall promptly and at said owner's expense place the Joint Driveway in
substantially the same condition as before the damage occurred.
c. Notwithstanding anything contained in Section 4.a. to the contrary, if the
Extension Driveway is damaged as a result of the Lot 2 Owner's activities on Lot
2, then, in that event, the Lot 2 Owner shall promptly and at said owner's
expense, place the Extension Driveway in substantially the same condition as
before the damage occurred.
5. Obstruction Prohibited. The Lot 1 Owner and the Lot 2 Owner shall not obstruct or in
any way impair or impede the rights of the other with regard to the use of the Lot 2 Driveway for
Driveway Purposes other than for the purpose of repair and maintenance as provided for in Section 4
hereof. Notwithstanding anything contained in the previous sentence to the contrary, the Lot 2 Owner
may, if necessary to further its use of Lot 2, obstruct or otherwise impair or impede the Lot I Owner's
use of the Lot 2 Driveway for reasonable periods of time provided that the Lot 2 Owner provides a
temporary alternative access point over and upon Lot 2 for the Lot 1 Owner's ingress and egress to the
driveway located upon Lot 1. In the event a temporary alternative access point is to be utilized, the Lot
2 Owner shall obtain all necessary approvals, permits and authorizations.
6.
purpose.
Use. The Joint Driveway shall be utilized for Driveway Purposes and for no other
7. Declaration to Run With Land. This Agreement and the conditions, covenants,
restrictions and reservations contained herein shall run with the Lots and shall be binding on and shall
inure to the benefit of the Lot I Owner and the Lot 2 Owner and their respective heirs, successors and
assIgns.
8. Governing Law. This Agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of Wisconsin.
9. Modification of Declaration. Any modification ofthis Agreement and or any additional
obligation assumed by the Lot 1 Owner or the Lot 2 Owner in connection with this Agreement shall be
binding only if evidenced in writing signed by the Lot 1 Owner and Lot 2 Owner, and properly recorded
in the Office of the Register of Deeds ofWaukesha County, Wisconsin.
10. No Waiver. The failure of the Lot 1 Owner or the Lot 2 Owner to insist upon the
performance of any ofthe terms and conditions ofthis Agreement, whether waiver of any breach of any
of the terms and conditions of this Agreement, should not be construed as thereafter waiving any such
terms and conditions, but the same shall continue and remain in full force and effect as if no such
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forbearance or waiver had occurred.
IN WITNESS WHEREOF, the undersigned sets its hand and seal this (S.t/v day of February,
2004.
Prairie Meadows Estates, LLC
By: ~~~rv/J/Î1 ~~ Luann M. Lang, nagi g Member
)
) ss
Waukesha County )
Personally came before me this ~3 ~
day of February, 2004, the above named Luann M.
Lang, Managing Member of Prairie Meadows Estates, LLC, a Wisconsin limited liability company, to
me known to be the person who executed the foregoing instrument and acknowledged the same.
State of Wisconsin
~Q
Notary Public, Cou y, WI ~ .. ' , \.oV<'-u "e.~ . My commISSIon IS permanent/expIres:
.
-I \ - Zoo y
City of Muskego
By:
Name:
Title:
Attested:
Name:
Title:
State of Wisconsin )
) ss
) Waukesha County
Personally came before me this day of February, 2004, the above named-
of the City of
Muskego, a governmental body organized under the laws ofthe State of Wisconsin, to me known to be
the person who executed the foregoing instrument and acknowledged the same.
Notary Public, Waukesha County, WI
My commission is permanent/expires:
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Approved as to form on behalf of City of Muskego.
Arenz, Molter, Macy & Riffle S.c.
Attorneys for City of Muskego
By:
Don S. Molter, Jr.
This document was drafted by
and is to be returned to:
Attorney John H. Shore
Schober & Radtke S.c.
15525 W. National Avenue
New Berlin, WI 53151
(262) 782-1820
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Exhibit 1
Lot 1 - Legal Description
LOT 1, TOGETHER WITH AN UNDIVIDED INTEREST IN OUTLOTS 1, 2, 3 AND
4, PRAIRIE MEADOWS SUBDIVISION, BEING A PART OF THE SOUTHEAST 1/4
OF THE SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 5 NORTH, RANGE 20
EAST, IN THE CITY OF MUSKEGO, WAUKESHA COUNTY, STATE OF
WISCONSIN.
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EXHIBIT 2
5 JOINT
10 DRIVE A Y
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150,49'
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LOT #2
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2256-986-001
CSM 9165-Parcel 1
150,00'
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-___~ccess EClsenent
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LOT #1
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2256-001
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150.00'
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Exhibit 3
Lot 2 - Legal Description
Parcell of Certified Survey Map No. 9165 being a part of the Southeast 'l.í of the
Southeast 'l.í of Section 24, Town 5 North, Range 20 East, City of Muskego, Waukesha
County, Wisconsin.
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