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CCR1986100,. . -$- . e 1 RESOLUTION #loo-86 (As Amended) APPROVAL OF SUBDIVIDERS AGREEMENT AUD MAR ESTATES WHEREAS, the final plat of Aud Mar Estates Subdivision was approved by the Common Council in October, 1985 and must be re- approved in order to be recorded, and WHEREAS, the Subdividers Agreement with attached Declaration of Restrictions have been submitted, and WHEREAS, the Plan Commission has recommended approval subject to resubmittal of the road plan showing a turnaround at the west end of the development and review by the Common Council of dated 4130186, and the recommended changes by the City Attorney in his letter WHEREAS, said turnaround has been included in the Final Plat and the changes recommended by the City Attorney have been incorporated into the Subdividers Agreement. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the Agreement for Aud Mar Estates Subdivision and re-approves the City of Muskego does hereby approve the attached Subdividers Final Plat with the changes as required by the Plan Commission and showing the new ownership of the property. BE IT FURTHER RESOLVED that this approval is subject to receipt of payment of any and all attorney, engineer, administrative, etc. fees. BE IT FURTHER RESOLVED that the Mayor and Clerk are authorized to execute the necessary documents in the name of the City. DATED THIS 27th DAY OF May , 1986. Wayn+ ai&+- G. Sa 4 entine, A& Mayor . SUBDIVIDER'S AGREEMENT This agreement, made this " day of "_ s 1986 by and between ROBERT W. KLENZ, the "Developer", and the CITY OF MUSKEGO, a municipal corporation of the State of Wisconsin, located in Waukesha County. hereinafter called the "City". WITNESSETH WHEREAS, Developer has submitted for approval by the City a proposed final plat for Aud Mar Estates. a residential subdivision, a copy of which is attached hereto, made a part hereof and marked Exhibit "A" (the "Subdivision") ; and WHEREAS, 5236.13 of the Wisconsin Statutes provides that as a condition of plat approval, the governing body of the City may require that the Developer make and install certain public improvements reasonably necessary for the Subdivision and further, may require dedication of public streets, alleys or other ways within the Subdivision, to be conditioned upon the construction of said improvements according to municipal specifications without cost to said municipality; and WHEREAS, the City's Engineers have duly approved the Developer's plans and specifications for Subdivision improvement and the Common Council has duly approved and authorized the terms and provisions of this agreement and approved the final plat of Aud Mar Estates. NOW, THEREFORE, in consideration of the covenants herein contained, the partles hereto agree as follows: SECTION I. IMPROVEMENTS: The Developer, entirely at ita expense, ahall: A. Roads and Streets: Grade and improve all roads and - streets in accordance with the plat of said Subdivision and the plans and specifications attached hereto, made a part hereof and marked Exhibit "B", all in accordance with the City's street specifications. 8. Surface Water Drain-: - 1. ~onstruct, install, furnish and provide adequate facilities as approved by the City Engineer and Public Work. Committee for storm and surface water drainage throughout the entire subdivision, in accordance with the plana and specifications attached hereto, made a part hereof and marked Exhibit "C". 2. The City shell furnish to the Developer such permits or easements as may be required in any public street or property to enter upon and install the above described surface water drainage system. C. "_ Landscaping: 1. Preserve existing trees. wherever possible, in the construction of Subdivision improvements. 2. Remove and lawfully dispose of all old barns, outbuildings, destroyed trees, brush, tree trunks, shrubs and other similar natural growth and all rubbish. SECTION 11. TIME OF COMPLETION OF IMPROVEMENTS: The improvements set forth in Section I above shall be completed by the Developer in total within twelve (12) months of the date of this agreement or recording of the final plat, whichever date comes first.; - 0 SECTION 111. DEDICATION: Subject to all of the other provisions of this agreement, Developer shall, vithout charge to the City, upon completion of the above described improvements, unconditionally give, grant, convey and fully dedicate the roads and streets, storm and surface water drainage facilities to the City, its success~rs and assigns, forever, free and clear of all encumbrances whatever, together with and including, without limitation because of enumeration, any and all land, buildings, structures, mains, conduits, pipes, lines plant, machinery, equipment, appurtenances and hereditaments vhich may in any way be a part of or pertain to such improvements and together with any and all necessary easements for access tn-ereto. I .- - SECTION IV. - INSPECTIONS ""_ AND ADMINISTRATION FEES: - The Developer shall pay and reimburse the City all fees as required and at the times specified in 110 of its Land Division e Ordinance. -2- SECTION V. MISCELLANEOUS RWIREMENTS: The Developer shall: A. Easements: Provide any easements on Developer's land deemed necessary by the City Engineers before the final plat is signed, provided such easements are so located as not to render any lot unbuildable or unsaleable. Street Signs: Reimburse the City for the cost of a11 street signs and posts and the cost of their installation, this to include all traffic signs. B. - C. Manner of Performance: Cause all construction called for by this agreement to be carried out and performed in a good and vorkmanlike manner. ""- D. Surveynuments: Properly place and install any survey or other monuments required by statute or ordinance. -" "" E. Deed Restrictions: Execute and record deed restrictions in the form attached hereto, made a part hereof and marked Exhi bit "D". F. Grades: Furnish to the Building Inspector of the City a copy of Exhibit "A" showing the' street grade in front of each lot, the yard grade and the grade of all four corners of each lot. "" """""_ SECTION VI. GUARANTEES: The Developer shall guarantee the surface vater drainage improvements and other improvements described in Section 1, items A, B and C hereof, :&gainst defects due to faulty materials or workmanship provided that such defects appear within a period of one (1) year from the date of dedication and acceptance. The Developer shall pay for any damages to City property resulting from such faulty materials or vorkmanship. SECTION VII. GENERAL INDEMNITY: In addition to, and not to the exclusion or prejudice of, """ "" any provisions of this agreement or documents incorporated herein by reference, Developer shall indemnify and save harmless the City, its officers, agents and employeea, and shall defend the same from and against any and all liability, claims, loss -3- damagea, interest actions, suits, judgments, costs, expenses, attorney's fees, and the like to vhomsoever owed and by whomsoever and vhenever brought or obtained, vhich may in any manner result from or arise in the course of, out of, or as a result of the Developer's negligent construction or operation of improvements covered thereby, or its violation of any lav or ordinance, the infringement by it of any patent, trademark, trade name or copyright, and its uae of road improvements prior to their formal dedication and acceptance to the City. SECTION VIII. AGREEMENT FOR BENEFIT OF PURCHASERS: - The Developer agrees that in addition to the City's righta herein, the provisions of this agreement shall be for the benefit of the purchaser of any lot or any intereat in any lot or parcel of land in the Subdivision. SECTION IX. ACCEPTANCE OF WORK AND DEDICATION: "- An and when the Developer shall have completed the improvements herein required, and shall dedicate the same to the City as set forth herein, the same shall be accepted by the City if said improvements have been completed as required by this agreement and as required by applicable City ordinances and other applicable lev and approved by the City Engineers. SECTION X. CONSTRUCTION PERMITS ETC - L"2' 1. The City shall, vithin ita authority, issue ouch permits, adopt such resolutions, and execute such documents as may be necessary tdpermit Developer to construct the improvements in accordance vith plans and specifications called for by this agreement, upon Developer's compliance vith any deposit provisions or other requirements of the applicable ordinances or regulations; and the City ahall cooperate with Developer in obtaining similar permits, resolutions and documents as may be necessary *from other authoritiea having jurisdiction in the premises. 2. The City shall, a8 a condition of the Developer executing this agreement, make available to the Developer or its e nominee successors or assigns, building permits for the -4- construction of thirteen (13) single family residences subject to the provisions of Section XI. SECTION XI. BUILDING AND OCCUPANCY PERMITS: "- "" """" The Developer shall be allowed to construct no more than two (2) model homes. It is expressly understood and agreed that no building permits shall be issued, nor shall any occupancy permite be issued either for the said model homes, or any other homes, until the City's Engineers have determined that: A. The never and surface water drainage facilities required to serve such homes are connected with an operating system as required herein, and B. That the City's Engineers have approved the condition of the roads then existing to serve such homes as sufficient to service the traffic reasonably anticipated during the period prior to the date when the roads must be completed and dedicated. SECTION XII. GENERAL CONDITIONS AND REGULATIONS: All the provisions of the City's ordinances are incorporated " " herein by reference, and all such provisions shall bind the parties hereto and be a part of this agreement as fully as forth at length herein. This agreement and all work and improvements required hereunder shall be performed and carr out in strict accordance with and subject to the provisions said ordinances. SECTION XIII. FINANCIAL GUARANTEE: Prior to execriiion of this contract by the City, the " """" if set ied of Developer shall file uith the City a letter of credit setting forth terms and conditions approved by the City Attorney in the amount of $50,000.00 as a guarantee that the required improvements will be completed by the Developer and his subcontractors no later than one (1) year from the date of the recording of the final' plat or the date of the agreement, whichever date comes first, and as a further guarantee that all obligations to the subcontractors for work on the development are satisfied. -5- SECTION XIV. PARTIES BOUND: Developer or its assignees shall be bound by the terms of "" ""- this agreement or any part herein as it applies to any phase of the development of the Subdivision. IN WITNESS WHEREOF, Developer and City have caused thie agreement to be signed by their appropriate officers and their seals to be hereunto affixed in duplicate original counterparts on the day and year first written above. DEVELOPER CITY OF MUSKEGQ "_ By: ROBERT W. KLENZ ""- WAYNE G. SALENTINE, Mayor By: CHARLOTTE L. STEWART, Clerk "" -6- DECLARATION OF RESTRICTIONS for AUD MAR ESTATES KNOW ALL PERSONS BY TESE PRESE~S, that the undersigned, Robert W. Klenz, hereinafter known as "The Developer. and being the owner of the property known as: AUD MAR ESTATES, consisting initially of'l3 single family lots, does hereby intend to establish a general plan for the use, occupancy and enjoyment of said subdivision: therefore, Developer does hereby declare that all lots therein shall be subject to the following restrictions, which shall remain in force for a period of Fifty (50) years from the date of the recording hereof. 1. GENERAL PURPOSES: The purpose of this Declaration is to insure the best use and most approprate development and improvement of each building site thereof; to protect owners of building sites against such use of surrounding building Sites as Will detract from the residential value of their property; to guard against the erection thereon of poorly designed OK proportioned structures; to obtain harmonious use of material and =lor schemes; to insure the highest and best residential development of said property; to encourage and secure the erection of attractive homes thereon with appropriate locations thereof on building sites; to prevent haphazard and inharmonious improvement of building sites; to Secure and maintain proper setbacks from street and adequate free spaces between structures; and in general to provide adequately for a high type and quality of improvement in said property, and thereby to preserve and enhance the value of investments made by purchasers of building sites therein. 0 2. No lot shall be used for other than single family residential purposes. All structures shall be designed by a person experienced in residential design Or a professional engineer or architect. All buildings shall be canpleted within the alloted time set by the Clty of Huskego in its' Ordinances, or within the period of one (1) year from the stat 02 construction, whichever period shell be Shorter. 3. The size and heights of the buildings shall be as follows: No duelling shall exceed two and onehalf (24) stories in height. The minimum building area exclusive of porches, bays, patios, breeze-ways and similar additions, shall not be less than the following schedule, to-wit: .. . A. One (1) story dwelling...1400 Square Feet, Minimum B. One and one-half (14) story dwelling...1600 Square Feet minimum with a minimum of 1000 Square Feet on first floor. C. TWO (2) story dwelling...1600 Square Feet minimum with a minimum of 1000 Square Feet on first floor. D. Split Leve1...1600 Square Feet, minimum with a minimum of 1000 Square Feet on the upper two levels. E. Bi-Leve1...1600 Square Feet, minimum with a minimum of 1400 Square Feet on the upper level. Above square footage minimum requirements reflect actual living area. Each dwelling shall have a minimum of one and one-half (14) baths. No garage shall be smaller that two cars in size or larger than 3 cars in size and shall be either an integral part of the dwelling or annected by a porch or breeze-way to the dwelling. All residences shall have full basements with the exception of Split level or Bi-level homes. 4. No structure of any kind shall be moved onto any lot and no living quarters of temporary character shall be permitted at any time, it being'the intention that only permanent private dwellings and garages shall be permitted. No boat, trailer, camper or trucks may be parked on the premises outside of the garage unless it is properly screened from view from adjoining properties or roadway. Periods of construction, remodeling and deliveries shall be exceptions- KO lot shall be used in whole OK in part for the storage of rubbish or building materials of any character whatsoever, nor for the storage of any property OK thing that will cause such lot to appear in an unclean or untidy condition Or that will be obnoxious to the eye; nor shall any substance, thing or material be kept upon any lot that will omit foul or obnoxious odors or that will cause any noise that will or might disturb the pease, quiet, comfort or serenity of the occupants of surrounding property. 5. All electric and telephone lines shall be placed underground. 6. No animales, livestock OF ppultry of any kind ahall be raised, bred or kept on any lot except not mre than two dogs, two cats, or Other small houf~e- hold pets are permitted provided they are not maintained for -ercid pUrposeS* '> (2) 7. The undersigned reserves the right to set finished yard grades of all buildings, pools, fences, or other structures to be erected or constrrrted. All dirt from excavations upon any lot which is not used on the premises shall be deposited in such places within the suMivision as shall be directed by the undersigned, without cast to the undersigned, if requested by the undersigned. 8. In order to maintain harmony in appearance and to protect the owners Of the lots in the subdivision, no building or other structure shall be erected, constructed or maintained upon any lot, nor shall any substantial change or alteration be made to existing structures, unless the complete plans and speci- fications thereof shall have been approved in writing by the Undersigned OK its designated representatives, who will act as the architectural control committee. A. The decisions of such comittee with respect to such matters shall be final and binding upon all parties. The committee shall have the right to refuse to approve any such plan or specifications which in the conclusive judgment of a majority of its members, are not in conformity with these restrictions or are not desirable aesthetically, or for any other reasons. In passing upon such plans and specifications,the camittee may take into consideration the suitability of the proposed building or other structures, its design, elevation and the materials of which it is to be constructed on the proposed site; the harmony thereof with the surrounding buildings, and the view from the adjacent property. All decisions Of the cormnittee on said matters shall be final. The committee shall have the right to waive minor infractions or deviations from these restrictions in cases Of hardship. B. Neither the undersigned nor its designated representative shall be entitled to compensation for services performed pursuant to this covemnt. In the event of the death or resignation or refusal to act of any of the member of the comittee while any unimproved lot remains unsold by the sellers or its successors or assigns, then a succeswr to such member of the cornittee shall be appointed in writing by the urdersigned or its successors or assigns. When all the unimproved lots in the subdivision have been Bold by the undersigned, OK it successors or assigns, the mdttee shall thereafter consist Of three (3) persons, who 6hall be elected by a majority of the owners of the improved lot8 in the subdivision. 'I (31 c. These restrictions shall be deemed and construed to run with the land and shall be binding upon all of the respective purchasers of each of the said lots and upon all persons holding or claiming through them. The present buyer, and the successive buyers of said property assume all responsibility for making known the contents of this document to any further prospective buyers in the event of selling said property. Upon violation of any one or more of these restrictions by any person or entity, any owner of any lot in Aud Mar Estates, or any member of the committee shall have the right, but not the obligation, to proceed at law against the person or persons so violating and is entitled to both equitable and legal relief. Invalidation of any one of these covenants and restrictions by judgment or court order shall in no way affect any of the other provisions, each of which shall be construed and deemed severable, and all of which not so invalidated shall remain in full force and affect. 9. LANDSCAPE ARCHITECTURAL CONTROL: All landscaping must be completed within one (1) year after the completion of the residence. Said landscaping must 0 ’ include a hard surfaced drive. No permanet gravel drive will be permitted. The hard surface drive with concrete, asphalt or similar material must be installed within one (1) year fran the date the premises are occupied. won construction. Developers have selected and approved an electric lamp and post, with photo electric cell, which the lot buyer or his representative, shall purchase aryl install where the driveway abuts the lot line. The cost of the lamp and Wst to be paid by the purchasers at the time of closing. The lamp and post nust be permanently installed and in operating condition before occupancy of premises is taken by ovner. 10. SURFACE WA’l’ER DRAIWEr Each lot owner must strictly adhere to, and finish grade his lot in accordance vith the Wster grading plan on file in the office of the developer or the office of the city building inspector. The Developer and/or the City Building Inspector shall have the right to enter upon any lot, at any time, for the purpose or inspection, maintenance and correction of any drainage condition. - ,’ . .. .’ . 11. ~ny violation of these restrictions which shall exist for a period of one (1) year without a written protest thereof being received by the owner of the lot involved shall not be considered a violation thereafter. These restrictions may be changed, modified and amended by the committee with the consent of 60% of the owners of the lots in the subdivision. Each lot in the Subdivision shall be entitled to one (1) vote in determining said consent. These restrictions shall be deemd and construed to run with the land and shall be binding upon the respective owners of each of said lots and upon all persons holding OK claiming under or through them. 12. The owner of each lot in Aud Mar Estates Sub division shall be required to be a member of Aud 1.b~ Estates Home Owners Association, Inc., in accordance with the provisions and by-laws of the said association. The Association shall have the power to levy and assess periodic charges and special assessments equally, against each lot in the Subdivision, for the purpose of carrying on the Associations business and affairs, for the purpose of.operating the Architectural Control Committee, for the purpose of maintaining or improving the common properties and facilities, if any, within the subdivision, and for other lawful activities directly related to the purposes of the Association as stated in its Articles of Incorporation. IN WITNESS IiHEREOF, I have hereunto set my hand and seal this day of , 1986. Robert W. Klenz STATE OF WJSSONSIN) 15s. WAJAUKESHA cm ) Personally came before me this - day of -# 1986, the above named Robert W. Klenz to me known pergcnally as the person who executed the foregoing instrument and acknowledged the same. Draftedby: Robert W. Klenz NOTARY PUBLIC, STATE OF WISONSIN My Commission Expires: RESOLUTION #loo-86 APPROVAL OF SUBDIVIDERS AGREEMENT AUD MAR ESTATES WHEREAS, the final plat of Aud approved by the Common Council, and WHEREAS, the Subdividers Agree Restrictions have been submitted, and WHEREAS, the Plan Commission h west end of the development an to resubmittal of the road pla dated 4130186. the recommended changes by the NOW, THEREFORE, BE IT RESOLVED City of Muskego does hereby ap Agreement for Aud Mar Estates compliance with the Plan Commi of the road plan showing a tur development, and including the City Attorney in his letter da Common Council. BE IT FURTHER RESOLVED that th to execute the necessary docum a Wayne G. Salentine, Mayor ATTEST : City Clerk 5/86 0