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CCR1987004COMMON COUNCIL-CITY OF MUSKEG0 RESOLUTION #4-87 APPROVAL OF FINAL PLAT AND SUBDIVIDER'S AGREEMENT (As Amended) DURHAMSWOOD ADDITION NO. 1 WHEREAS, a Final Plat has been submitted to finalize the 18 lot Durhamswood Addition No. 1 Subdivision, and has been recommended for approval by the Plan Commission, and WHEREAS, the Subdivider's Agreement has been submitted and reviewed by the Plan Commission with the following recommendations: Provide a letter of credit in the amount of $15,000 to cover any uncompleted phase of the preliminary plat; and, delete the first sentence of {Ill of the Deed Restrictions. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Plan Commission, does hereby approve the Final Plat for the Durhamswood Addition No. 1 Subdivision, subject to approval of the City Engineer and submittal of the plan review fee, $3,400 in lieu of park dedication, and all other fees as required by the Land Division Ordinance. BE IT FURTHER RESOLVED that this approval is subject to the approval of all objecting and approving agencies. BE IT FURTHER RESOLVED that the Subdivider's Agreement is approved subject to the conditions recommended by the Plan Commission, with the exception that the first sentence of 811 of the Deed Restrictions shall not be deleted, and a paragraph shall be added to Section XI1 of the Subdivider's Agreement requiring a $15,000 letter of credit to guarantee development of the undeveloped portions of the preliminary plat as presented by the City Attorney. 0 DATED THIS 13th DAY OF January , 1981. Ald. Frank DeArigelis ATTEST : n COMMON COUNCIL-CITY OF MUSKEG0 RESOLUTION 1/4-87 DURHAMSWOOD ADDITION NO. 1 nalize the 18 lot as been recommended for approval by the Plan Commission, an t the Common Council of the dation of the Plan Commission, dedication, and all other f Ordinance. 0 of the City Attorney. DATED THIS ATTEST: 1 I87 jm SUBDIVIDER'S AGREEMEW DuRHAclsWOOD SUBDIVISION ADDITION # 1 This agreament, made this - day of , 1987 by and between ROBERT w I[LENz L HENRY K. OswRN, the "Developers., and the CITY OF MJSKEGO, a municipal corporation of the State of Wiaconsin, located in Waukesha County, hereinafter called the 'City.. WITNESSETH WHEREAB, Developers have submitted for approval by the City a proposed final plat for ~URIiA116w00D ADD. #1, a residential subdivision, a mpy of which is attached hereto, made a part hereof and marked Exhibit 'A. (the .Subdivision.) I and WtlgBgAG, 8236.13 of the Wisconsin Statutes provides that as a condition of plat approval, the governing My of the City my require that the Developers make and install certain public ilqprovemente reasonably necessary for the Subdivision and further, my require dedication of public streets, alleys or other ways within the Subdivision, to be conditioned upon the construction of said illlp?roveprents according to municipal specifications witbut cost to said municipality8 and UHBRBAS, thn City.'. Engineers.have duly approved the Developers' plans and speaification. for Subdiviaion iqxovement and the Cotmoon Council has duly approvd and authorized the terms and provisions of this agreement and approved the final plat of Durhamswood Add. Il. UOW, RIEREHIRE, in consideration of the aOvenunts herein contained, the parties horeto agroe as follows: SECTION I. IHPPRDVEME~: The devobpers, entirely at their expense, shall: A. Roads, Streets and Sewers: Construct and install Sanitary Sewer, grade and iuprove all roads and streets in accordance with the-plat of said Subdivision and the plans and specifications attached hereto, made a part hereof and -ked Exhibit .B., all in accordance with the City's street specifications. B. Surface Water Drainaqe: 1. COnstruOt, install, furnish and provide adequate facilities as approved by the City Engineer and Public WOrks Cornittee for storm and 0 surface water drainage throughout the entire subdivision, in accordance with the plms and opecifications attached hereto, made a part hereof and markad Exhibit '12'. 2. The City shall furnish to the Developare such permits or easements 88 be requirad in MY public street or property to enter upon and install the above described surface water drainage system. c. Landscapingr 1. PrOmrve qxiating trees, whereever possible, in the construction of subdivision iqxovemnts. 2. RerpDve Md lawfully dispose of all old barns, outbuildings, destroyed trees, trunks, brush, shrubs and other similar natural growth and all rubbish. SIXTION 11. TIME OF CDCLPLEl'ION OF IWROVEHEHPS: he mrovements set forth in Section I above shall be cowleted by the Developers in total .within twelve (12) mnths of the date of this agreement or recording of the final plat, whichever date cores first. SSXION 111. DEDICATION Subject to all of the other provisions of this agrePPent, Developers shall, without chargo to tbm City, upon capletion of tha above described improvemnts, unconditionally give, grant, convey and fully dedicate the road8 ard strwts, sanitasy ewer, storm and surface water drainage facilities to the City, its succemors and assigns. forever, free and clerr of all encumbrames, uhatever, together with and including, without limitation because of enumeration, any and all land, buildings, structures, mains, conduits, pipes, lines plant, machinery, equipment, appurtenances and hereditumnts which may in any uay be a part of or psrtcrin to such improvements and togethor with any and all necessary easements for access thereto. ! SECPION IV. INSPFCI'IONS AND ADMINISTRATIVE FEES: The Developers shall pay and reimburse the City all fees as required and at the times specified inchapter 10 of its Land Division Ordinance. SECTION V. MXSCE-S REQUIREHEHPSI Tha Developer shall: A. Easements: Provide ai~y easements on Developers' land deemed necessary by the City Engineers before the final plat is signed, provided such easeents ace 80 located as mt to render any lot unbuildable or unsaleable. 0 8. Street Signs 6 Liqhtsr Reimburse the City for the cost of all Street signs, posts and lights and the cost of their installation, this to include all traffic signa. C. Harmer of Performadze: Cause a11 construction called for by thie agreement to be curied out and performed in a good and vorkmnnlike mer. D. Survey Monuments: Properly place and install any survey or other mnments required by statute or ordinance. E. Deed Restrictions: Execute and racord deed restrictions in the form attached hereto, made a part hereof and mrked Exhibit 'D'. P. Grades: Furnish to the Building Inspector of the City a mpy of Exhibit 'Cm showing the street grade in front of each lot, the yard grade ud tho grade of all four corners of each lot. e G. Street Trees: Plant street trees in accordance with Res. PC. 72-76. SECTION VI. CXIARAHPEES: The Developer shall guarantee the surface water drainage improvements and other inProvements described in Section I. items A, B and C hereof, againat defects due to faulty materials or workmanship provided that such defects appeu within a period of one (1) year from the date of dedication and acceptance. The developers shall pay for any damages to City property resulting from such fault materials or vorkmanship. I SECTION VII. GENERAL INDEMNITY: In addition to, and not to the exclusion or prejudice of, any provisions Of this Wrement or docmmts incorporated herein by reference, Developers shall indaify and MVU harmless the City, its officers, agents and employees, and shall defend the am^ frorn and against any and all liability, claim, Loss damages, interest actions, suits, judgments, costs, expenses, attorney's fees, and the like to whomsoever owed and by whomsoever and whenever brought or (2) obtaind, which my in MY manner result frm or arise in the COUCBO of, out of, or as result of the Developers' negligent conStrWtiOn Or Operation Of iwrovemnts covered. thereby, or its violation of any law or ordinance, tho infriiqemont by it of any patent, trademark, trade nam~ of cowright, and its use of road improvements prior to their formal dedication and acceptance by the City. SECTION VII. hGRE??MNl FOR BENEPIT OF PURCHASERS: The developere agree that in addition to the City's rights herein, the provisions of this agrement shall be for the benefit of the purchaser Of any lot or any interest in MY lot or parcel of land in the Subdivision. SECTION IX. ACCEPTANCE OF WORK AND DEDICATION: AS and when the Developers shall have completed the improvements herein required, and shall dedicate the wme to the City as set forth herein, the same shall be accepted by the City if said improvements have been completed os required by this agreement and as required by applicable City Ordinances and other applicable law and approved by the City Engineers. SECTION X. CONSTRUCTION PERMITS, EX.: 1. The City shall, within its authority, issue such permits, adopt such resolutions, and execute such documents as may be necessary to permit Developers to conatruet the improvements in accordance with plans and specifications called for by this agreemnt, upon Developers' compliance with any deposit provisions or regulations or other requirements of applacable ordinances; and the City aha11 cooperate with Developers in obtaining similar permits, resolutions ond documents ao may be necessary from other authorities having jurisdiction in the premises. 2. The City shall, as a condition of the Developers executing this agreement, make available to the Developers or their nominee, successors or assigns, building permits for the construction of Eighteen (18) single family residence subject to the provisions of Section XI. SECTION XI. BUILDING AND OCCUPANCY PERMITS: The Developers shall be allowed to construct no mre than two (2) del hams. It is expressly understood and agreed that no buildinq permits shall be issued, mt shell any occupancy permits be issued, either for the said del hs, or any other bmes, until the City's engineers bave determined that: A. The sewer ond surface water drainage facilities required to serve such borne6 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 bms as sufficient to service the traffic reasonably anticipated during the period prior to the date when the roads must be oozpleted and dedicated. . SmION XII. GENERAL CONDITIONS AND REGULATIONS: All the proviaions 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 agZeeIWnt fully as if set forth at length herein. This agrmnt I- and all work cud improvuwnta required hereunder .hall bo perf0r-d oarrid '.out in strict accordance with and subject to the provisions of said ordinances. (3) SECTION XII. FINANCIAL -E: Prior to the execution of this cantract by the Cityr the Developers shall file with,tbe Cityr a letter of credit setting forth term and conditions approved by the City Attorney, in the amount of $ as a guarantee that the required iqxovoments will be conlpleted by the Developers ad their subcontraotors no later than one (1) year from the date of the recording of the final plat or the date of this agreementr whichever date coma first, and as a furtbr guarantee tbt dl obligations to the subcontractors for work on the developmnt are aatisfied. SECTION XIV. PARTIES BOUND: Develop.rs or their 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 Subdivsion. IY WITMESS wItERgoFr Developers and City have caused this 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. DEVEIPPERGJOIMLY L SEVERALLY CITY OF MJSKEGO DECLRRATION OP ILESTRICTIONS DURHAE(GWOOD-ADDITION #1 KNOW W PBRSONS BY THESE PRESENTS, that the undersigned, RDBERT W. WNZ, ad mmY X. OSBuBN, hereinafter known as 'THE DEVELOPER' and being the owner of the property known as: DUMACISWOOD-ADDITION (1, being a subdivision of a part of the NE 1/4 of Section 11, TSN, RZOE, in the City of Muskego, Waukesha County, wi. and consisting initially of 18 single fmily lots, does hereby intend to establish a general plan for the use, occupancy and enjoyment of said subdivision; therefore, Developer does hereby declare that a11 lots therein shall be subject to the following restrictions,which shall remain in force for a period of Fifty (50) years fram the date of the recording hereof. 1. GENERAL PURPOSES: The purpose of this declaration is to insure the best use and most appropriate 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 or proportioned structures; to obtain a harmonious use of material and color schemes1 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. 2. No lot shall be used for other than single family residential purposes. All structures shall be designed by a perdon experienced in residential design or a professional engineer or architect. All buildings shall be completed within the alloted time set by the City of Muskego in it's Ordinances, or within the period of one (1) year from the start of construction, whichever period shall be shorter. 3. The size and heights of the building shall be as follow: No dwelling shall exceed two and one-half (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...1700 Square Feet minimum with a minimum of 820 Square Feet on first floor. 0. Tri-leve1...1600 Square Feet, minimum with a minimum of 1100 Square Feet on the upper two levels. E. Bi-Lavel...l650 Square feet, minimum with a minimum of 900 Square Feet on the upper level. Above equare 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 than two cars in size or larger than 3 cars in size and -11 bo either M integral part of the dwelling or connected 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 roved onto any lot and no living quarters of temporary character shall be permitted at any time, it being the intention that only permanent private dwellinga.and garages shall be permited. NO lot shall be ueed in whole or in part for the storage of rubbish or build- ing msterials of any character whatsoever, nor for the storage of any property or thing that will cause such lot to appear in an unclean or untidy condition or that will be obnoxious to the eye1 nor shall any substance, thing or material be kept upon any lot that will Omit foul or obnoxious odor1 or that will cause any noise that will or might disturb the peace, quiet, comfort or serenity of the occupants of surrounding property. 5. All electric, gas and telephone lines shall be placed underground. 6. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except not mre than two dogs, two cats, or other small household pets are permitted provided that they are not maintained for comercia1 purposes. 7. The undersigned reserves the right to set finished yard grades of all buildings, paole, fences, or other structures to be erected or constructed. All dirt from excavations upon any lot which is mt used on the premises shall be deposited in much places within the suMivision as shall be directed by the undersigned, without cost to the undersigned, if requested by the undersigned. 8. These restrictions shall be deemed and construed to run with the land and ahall be binding upon all of the respective purchasers of each of the said lots and upon all pereons holding or claiming through them. The present buyer, and the successive buyers of said property assme all respon- sibility for making knoun the contents of this document to any further prospective buyers in the event of selling said property. Upon violation of any one or roce of these restrictions by any pereon or entity, MY owner of any lot in Durhamswcad Addition I1 shall have the righ, but not the obligation, to proceed at law against the person or persons eo violating and is entitled to both equitable and legal relief. Invalidation of any one of them oovenants and restrictions by judgment or court order shall in no way affect any of the other provieions, each of which shall be construed and demed eeverable, and all of which not eo invalidated shall remain in full force and effect. 9. LANDSCAPE ARQ1ITECHTURAL CONPROL: All landscaping must be com- pleted within one (1) year after the capletion of the residence. Said landsaping must include a hard surfaced drive. No permanent gravel drive will be permitted. The hard surface drive with concrete, asphalt or similar material muat be installed within one (1) year from the date the premises are occupaied upon construction. i 10. SURFACE MTER DRAINAGE: Each lot owner must strictly adhere to, and finish grade .his lot in accordance with the master 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 of inspection, maintenance and correction of any drainage condition. 11. Any 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 be considered as no longer being in violation./ These restrictions my be changed, modified and amended with the consent of 601 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 deed and construed to run with the land and shall be binding upon the respective owners of each lot and upon a11 pereons holding or claiming under or through them. IN WITNESS WIIEREOP, I have hereunto set my hand and seal this of 1987. day BY: FIobert W. Klenr BY : Henry K. Osburn STATE OF WISCONSIN) Waukesha County ) 88 1 Personally came before me this - day of 1987, the above named Robert W. Klenz and Henry K. Osburn, known to me personally as the person wbo executed the foregoing instrument and ackmwledged the same. NOTARY PUBLICl STATE OF WISONSIN My Comission expires This instrument drafter by Robert W. Klenr