CCR2008037-BelleChasse-amend
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #37-2008
APPROVAL OF AMENDMENT NO. 1 TO
SUBDIVIDER’S AGREEMENT FOR
PHASE #1 OF THE BELLE CHASSE SUBDIVISION
WHEREAS, The Common Council approved a Subdivider’s Agreement for Phase #1 of
the Belle Chasse Subdivision on August 15, 2007 through Resolution #166-2007, as
amended; and
WHEREAS, Amendment No. 1 to the Subdivider’s Agreement for Phase #1 of the Belle
Chasse Subdivision has been received; and
WHEREAS, The Finance Committee has reviewed Amendment No. 1 to the
Subdivider’s Agreement for Phase #1 of the Belle Chasse Subdivision 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
Amendment No. 1 to the Subdivider’s Agreement for Phase #1 of the Belle Chasse
Subdivision subject to approval of the City Attorney.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby
authorized to sign the necessary document in the name of the City.
DATED THIS __12TH DAY OF _FEBRUARY__ , 2008.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Bob Melcher
Ald. Neil Borgman
Ald. Keith Werner
This is to certify that this is a true and accurate copy of Resolution #037-2008 which
was adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
Reso. #037-2008
BELLE CHASSE LLC - CITY OF MUSKEGO
AMENDMENT NO. 1 TO SUBDIVIDER’S AGREEMENT FOR BELLE CHASSE
PHASE #1 SUBDIVISION
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This Amendment No. 1 to the Belle Chasse Subdivider’s Agreement, made this __ day
of ___, 2008 by and between Belle Chasse LLC (the "Subdivider") and the City of Muskego, a
municipal corporation of the State of Wisconsin, located in Waukesha County, (the "City").
W I T N E S S E T H
WHEREAS, the Subdivider has submitted for approval by the City a Final Plat for Belle
Chasse (the “Subdivision”) Phase #1, a part of the lands described as:
LEGAL DESCRIPTION FOR LANDS LYING TO THE WEST OF DURHAM DRIVE:
All of Parcel 1 and Parcel 2 of Certified Survey Map No. 1524 together with unplatted lands, all of which are located
in part of the Southeast Quarter (SE 1/4) of the Southwest Quarter (SW 1/4) and the Southwest Quarter (SW 1/4)
of the Southeast Quarter (SE 1/4) of Section 11, Township 5 North, Range 20 East, in the City of Muskego,
Waukesha County Wisconsin; being more particularly described as follows: Commencing at the Southwest corner
of the Southeast Quarter (SE 1/4); thence North 01°06'07" West along the West line of the Southeast Quarter (SE
1/4) 25.00 feet to the point of beginning of the lands hereinafter to be described; thence North 87°50'16" East along
a line parallel to and 25.00 feet North of the South line of the Southeast Quarter (SE 1/4) 1138.82 feet; thence North
47°24'44" West 200.06 feet to the beginning of a curve of radius 333.00 feet, the center of which lies to the East;
thence Northerly along the arc of said curve 147.64 feet, the chord of which bears North 34°42'40" West 146.43
feet; thence South 87°50'16" West 197.38 feet; thence North 02°09'44" West 106.07 feet; thence North 87°50'16"
East 175.83 feet; thence North 09°21'41" West 941.34 feet to the South line of Certified Survey Map No. 9347;
thence South 87°48'47" West along the said South line 467.90 feet to the West line of said Certified Survey Map
9347; thence North 07°00'43" West along the said West line 1.55 feet to the South one sixteenth (S 1/16) line of the
Southeast Quarter (SE 1/4); thence South 87°49'02" West along the said (S 1/16) line 286.25 feet to the South one
quarter (S 1/4) line; thence South 87°58'00" West along the South one sixteenth (S 1/16) line of the Southwest
Quarter (SW 1/4) 1313.27 feet to the East right-of-way line of Mystic Drive; thence South 01°07'40" East along the
said right-of-way line 1301.95 feet; thence North 88°07'53" East along a line parallel to and 25.00 feet North of the
South line of the Southwest Quarter (SW 1/4) 1312.62 feet to the point of beginning, containing 64.7969 Acres,
LEGAL DESCRIPTION FOR THE LANDS LYING TO THE EAST OF DURHAM DRIVE:
All that part of the Southeast Quarter (SE 1/4) and the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE
1/4) of Section 11, Township 5 North, Range 20 East, in the City of Muskego, Waukesha County Wisconsin; being
more particularly described as follows: Commencing at the Southeast corner of the Southeast Quarter (SE 1/4);
thence North 01°19'37" West along the East line of the Southeast Quarter (SE 1/4) 25.00 feet to the point of
beginning of the lands hereinafter to be described; thence South 87°50'16" West along a line parallel to and 25.00
feet North of the South line of the Southeast Quarter (SE 1/4) 768.68 feet to the East line of Certified Survey Map
No. 1550; thence North 01°18'22" West along the said East line 281.36 feet to the North line of said Certified
Survey Map; thence South 87°50'16" West along the said North line 934.49 feet to the beginning of a curve of
radius 267.00 feet, the center of which lies to the East; thence Northerly along the arc of said curve 64.66 feet, the
chord of which bears North 16°17'56" West 64.50 feet; thence North 09°21'41" West 934.70 feet to the South right-
of-way line of McShane Drive; thence North 87°46'18" East along said right-of-way line 726.15 feet to the West line
of Certified Survey Map No. 5998; thence South 02°13'42" East along said West line 182.00 feet to the South line of
said Certified Survey Map 5998; thence North 87°46'18" East along the said South line 450.00 feet to the East line
of Said Certified Survey Map 5998; thence North 02°13'42" West along the said East line 182.00 feet to the said
South right-of-way line of McShane Drive; thence North 87°46'18" East along the said right-of-way line 674.28 feet
to the East line of the Southeast Quarter (SE 1/4); thence South 01°19'37" East along the said East line 1273.47
feet to the point of beginning, containing 43.5895 Acres, and
the Final Plat of which will be recorded with the Register of Deeds for Waukesha County and
a copy of which will be filed in the Office of the City Clerk upon Council approval; and
WHEREAS, following approvals by the City's Engineers, the City's Public Works
Committee, Public Utility Committee, Finance Committee and the City's Plan Commission, the
Common Council, on February 12, 2008, duly approved the final plat of Belle Chasse
Subdivision Phase #1 contingent, in part, upon the execution and performance of the terms
and conditions stated in the Belle Chasse Subdivider’s Agreement by the Subdivider; and
Reso. #037-2008
WHEREAS, the parties have determined that certain provisions of the Belle Chasse
Subdivider’s Agreement as previously approved should be amended;
NOW, THEREFORE, in consideration of the covenants stated herein, the receipt and
sufficiency of which are acknowledged by the parties, the parties hereby modify and/or amend
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the August 15, 2007, Belle Chasse Phase #1 Subdivider’s Agreement as follows:
1. Sentence number 4 within Section 14: Building and Occupancy Permits is
deleted and replaced with the following language:
The Resolution of the acceptance of all the improvements, except the Sanitary
Sewer, is approved by the City.
2. The following item #2 is added, after Item #1 (Street Tree Plans as required…)
within Section 14: Building and Occupancy Permits:
2. The sanitary sewer to serve the homes in this phase of development is
connected with an operational system as determined by the City Engineer or his
designee and the Resolution of the Acceptance of the sanitary sewer is
approved by the City.
3. Remove the following in Section 3(C)(3)Subsection 5 of the Section 3:
3. Televise the sanitary sewer system, repair any defects as determined by the
City Engineer or his designee, and supply video tape to the City of Muskego,
and clean all sewer lines prior to the issuance of building permits, and
acceptance of improvements by the City.
Effect of Amendment No. 1
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Except as herein above specifically amended or modified, the August 15, 2007 Belle
Chasse Phase #1 Subdivider’s Agreement shall remain in full force and effect exactly as
agreed to by the parties.
Parties to the Agreement
IN WITNESS HEREOF, Subdivider has caused this Amendment No. 1 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. Belle Chasse LLC
By:
William Carity, Manager
STATE OF WISCONSIN )
) SS
WAUKESHA COUNTY )
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PERSONALLY came before me this 18 day of July, 2005 William Carity, Manager, to
me known to be the person who executed the foregoing instrument and acknowledged the
same.
Reso. #037-2008
Notary Public-State of Wisconsin
My Commission Expires
IN WITNESS HEREOF, the 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:
John R. Johnson, Mayor
BY:
Janice Moyer
City Clerk-Treasurer
STATE OF WISCONSIN )
) SS
WAUKESHA COUNTY )
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PERSONALLY came before me this __ day of ____, 2008, the above named John R.
Johnson, Mayor, and Janice Moyer, City Clerk-Treasurer of the 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
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and pursuant to the authorization by the Common Council from their meeting on the 12 day of
February, 2008.
Notary Public-State of Wisconsin
My Commission Expires
Reso. #037-2008
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of Amendment No. 1 to the
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August 15, 2007 Phase #1 Subdivider’s Agreement for Belle Chasse Subdivision, Muskego,
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Wisconsin, as entered into on the __ day of _____, 2008, by and between Belle Chasse LLC
and the City Of Muskego, pursuant to the authorization by the Common Council from their
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meeting on the 12 day of February, 2008.
BY THE COMMON COUNCIL
________________________
Janice Moyer, City Clerk-Treasurer City Clerk/Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
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This __ day of _____, 2008.
My commission expires
This instrument drafted by Jeff Muenkel, Director of Planning
City of Muskego PO Box 749 Muskego, WI 53150