CCR2020007-Preservation Area Plan AgreementTHE WATERS OF LAKE DENOON
PRESERVATION AREA MANAGEMENT PLAN AGREEMENT
This Agreement, made and entered into this ____ day of ____, 2020 by Community Holdings
LLC (hereinafter referred to as “Subdivider”), the incorporated The Waters of Lake Denoon
Owners Association, Inc. (hereinafter referred to as “Association”) and the City of Muskego, a
Municipal Corporation located in the County of Waukesha and the State of Wisconsin,
(hereinafter referred to as “City”).
WITNESSETH:
WHEREAS, the Subdivider is the owner of certain lands commonly known as The Waters of
Lake Denoon Final Plat (hereinafter referred to as “Conservation Subdivision”) and as Tax Key
Number MSKC2283.999; and
WHEREAS, The City of Muskego 2017-2021 Parks and Conservation Plan (on file at the City of
Muskego Planning Department) identifies certain environmentally significant lands within the
City; and
WHEREAS, The City of Muskego Parks and Conservation Plan encourages the preservation of
environmentally significant lands which lie within areas to be developed; and
WHEREAS, The City of Muskego Parks Conservation Plan encourages the development of
conservation subdivisions that preserve environmentally significant lands; and
WHEREAS, The City of Muskego Common Council has approved the Conservation
Subdivision; and
WHEREAS, The approved Conservation Subdivision designates outlots containing open spaces
of environmentally significant lands; and
WHEREAS, Chapter 392 of the City of Muskego Municipal Code requires the creation and
implementation of open space management plans for conservation subdivisions; and
WHEREAS, The Subdivider has established an incorporated owners association known as The
Waters of Lake Denoon Owners Association, Inc. (hereinafter referred to as the “Association”),
which shall become responsible for maintenance of the outlots upon recording of the Final Plat
and Deed Restrictions, and
WHEREAS, The City reserves the right to enforce the requirement that the outlots are
maintained in a manner consistent with this agreement and the The Waters of Lake Denoon
Preservation Area Management Plan on file in the offices of the City of Muskego Planning
Department as required by the Chapter 392 of the City of Muskego Municipal Code;
The Waters of Lake Denoon
Preservation Area Management Plan Agreement
Page 2
NOW THEREFORE, in consideration of the mutual covenants and agreements, IT IS AGREED,
as follows:
1. The Subdivider warrants and represents that it is the sole owner of the lands subject to this
Agreement free and clear of all encumbrances, except recorded easements and restrictions and
municipal and zoning ordinances and real estate taxes in the year of closing.
2. The Association, unless otherwise provided for in the The Waters of Lake Denoon Preservation
Area Management Plan, and as attached hereto, shall be responsible for maintenance of the
subdivision owned outlots within the Subdivision.
3. The Subdivider shall deposit in a segregated account with the City two thousand five hundred
dollars ($2,500) to cover costs associated with the first five (5) years of the management
schedule of the The Waters of Lake Denoon Open Space Management Plan. Upon
commencement of the sixth (6) year, and continuing in each year thereafter, the required
balance shall be one thousand dollars ($1,000) and from time to time the City shall invoice the
Association in an amount sufficient to return the account balance to one thousand dollars
($1,000).
4. The City of Muskego is authorized to access the Property to conduct inspections of vegetative
cover within outlots as necessary to ascertain that the vegetation is being maintained in
accordance with the approved The Waters of Lake Denoon Preservation Area Management
Plan, which include but are not limited to prairie/sedge meadow establishment. The City shall
provide the Subdivider or Association an inspection report detailing any noncompliant items.
5. The Subdivider or Association, after which time the Association is turned over to the owners,
shall maintain the outlots in accordance with the approved The Waters of Lake Denoon
Preservation Area Management Plan on file in the offices of the City of Muskego Planning
Department as required by Chapter 392 of the City of Muskego Municipal Code.
6. The Association may be required, upon notification by the City of Muskego, to take corrective
actions within a reasonable timeframe to address vegetation maintenance problems within the
outlots. The City of Muskego is authorized to perform the corrective actions identified in the
inspection report if the Association does not make the required corrections in the specified time
period. The costs and expenses associated with corrective actions shall be drawn against the
segregated account.
7. The costs and expenses shall be entered on the tax roll as a special charge or special
assessment against all lots of The Waters of Lake Denoon inclusive on an equal basis and
collected with any other taxes levied thereon for the year in which the work is completed.
8. This document shall be recorded with the Waukesha County Register of Deeds and shall be a
covenant running with the land and binding upon all owners of said land.
The Waters of Lake Denoon
Preservation Area Management Plan Agreement
Page 3
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.
Community Holdings LLC
By:
John Jewell, Manager
Community Holdings LLC
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me ____ day of ____, 2020 John Jewell, Manager of Homes by
Community Holdings LLC, to me known to be the person who executed the foregoing
instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
THE WATERS OF LAKE DENOON OWNERS ASSOCIATION, INC.
By:
John Jewell, Manager
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this ____ day of ____, 2020 the above named John Jewell, to me
known to be the person who executed the foregoing instrument and acknowledged the same as
representatives of The Waters of Lake Denoon Owners Association, Inc.
__________________________________________
Notary Public, Waukesha County, Wisconsin
My commission expires _______________________
STATE OF WISCONSIN} SS
WAUKESHA COUNTY}
The Waters of Lake Denoon
Preservation Area Management Plan Agreement
Page 4
CITY OF MUSKEGO
By: _____________________________ By: ______________________________
Kathy Chiaverotti, Mayor Sharon Mueller, City Clerk-Treasurer
STATE OF WISCONSIN}SS
WAUKESHA COUNTY }
Personally came before me this ____ day of ____, 2020 the above named Kathy Chiaverotti,
Mayor and Sharon Mueller, 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 ____ day of ____, 2020.
___________________________________
Notary Public, Waukesha County, Wisconsin
My commission expires ________________
The Waters of Lake Denoon
Preservation Area Management Plan Agreement
Page 5
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Preservation Area
Management Plan Agreement for The Waters of Lake Denoon, Muskego, Wisconsin, as entered
into on ____ day of ____, 2020 by and between Community Holdings LLC, the The Waters of
Lake Denoon Owners Association, Inc. and the City of Muskego, pursuant to the authorization
by the Common Council from their meeting on the ____ day of ____, 2020.
BY THE COMMON COUNCIL
________________________________
Sharon Mueller
City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this ____ day of ____, 2020.
___________________________________
Notary Public, Waukesha County, Wisconsin
My commission expires ________________
This document drafted by
John Jewell, Community Holdings LLC
City of Muskego
W182 S8200 Racine Avenue
Muskego, WI 53150