CCR1987008COMMON COUNCIL-CITY OF MUSKEG0
RESOLUTION wa7
APPROVAL OF CERTIFIED SURVEY MAP
(As Amended)
(Willard M. Masterson)
WHEREAS, a certified survey map has been submitted to finalize
a two parcel division of the Willard Masterson property in the
NE 1 /4 of Section 9, and
WHEREAS, the Plan Commission has recommended approval.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
Commission, does hereby approve the certified survey map to
City of Muskego, upon the recommendation of the Plan
property in the NE 114 of Section 9, subject to approval by the
finalize a two parcel division of the Willard Masterson
City Engineer.
BE IT FURTHER RESOLVED that this approval is subject to receipt
of the $75.00 submittal fee, $200.00 in lieu of park
dedication, and all other fees required by Section 10 of the
Land Division Ordinance.
BE IT FURTHER RESOLVED that the attached agreement regarding
improvements is hereby approved, and the Mayor and Clerk are
authorized to sign it in the name of the City, subject to
amendments to Section XI of the agreement that provide the
Certificate of Deposit shall be reviewed by the City Attorney
as to form prior to the execution of the agreement, that the
certificate of deposit be in the name of the City with the
original on file with the City, and if not renewed the City
shall own the cash and may make use of it pursuant to this
agreement.
DATED THIS 1 3th DAY OF January , 1987.
Ald. Frank DeAngePis
CSIITIr'IZD SURVEY NAP AGi?EEXENT
This agreement, made this 2nd day of February
1987, by and between the Willard M. Masterson, ("the Developer")
and the-City of Kuskeqo, a municipal corporation of the State of
Wisconsin, located in Naukesha County, hereinafter called the
"City".
WITNESSETH:
, ,,.-
proposed Land Division by Certified Survey Map resulting in a
minor subdivision, a copy of which is attached hereto as Exhibit
"A", (the "Land Division"), Being a subdivision of a part of the
WI, and
NE 1/4 of Section 8, T5X, R20E, in the City of Xuskeqo, Naukesha,
subdivisions and is, therefore, not subject to Section 236.13 of
willinq to xake and instali a certain road extension to service
the sjisconsin Statutes, but the Leveloper, nevertheless, is
dedicate the same as a public street, and to construct such
the land subject to the Land Division, and further, is willing to
improvements according to municipal specifications wi thou: cost
to said municipality; and
'XFiERSAS, the City's engineers have duly approved the
Developer's plans and specifications for Land aivision and the
Common Council has duly approved and authorized the terms and
provisions of this agreement, and approved the final Certified
Survey Map.
contained, the parties hereto agree as follows;
pdn3.Eas, Developer has submitted for approval by the City, a
WEEXEAS, the subject Land Division consists of a "minor"
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SOW, THEREFORE, in consideration of the covenants herein
SECT103 i . i~*iP3OVEI4ENTS :
A. The Develooer, entirely at its expense, shall construct,
install, an extensibn of Lake DGive a distance of approximately
approved by the City Zngineer prior to the execution hereof, in
177 feet across the frontage of the Land Division as has been
accorcance with the plans and specifications attached hereto as zXhi5it !OB"
easements as :nay be required in any public street or property to
enter upon and install the above described improvements.
2. The City shall furnish to the Developer, such permits or
SECTiC>J ii. TIXE Or" COiG'LLT'IOX Or" Ii*lPROVEMEi4TS: The
inarovwnents set forth in Section I above shall be completed by
the Eeveloper in total within twelve months of the date of this
doreerrLent.
SECTIG>I IIi. DEDICATIGTJ
Subject to all of the other provisions of this aoreement,
Developer shall, without charge to the City: upon completion of
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0 the above described improvements, unconditionally give, grant,
convey and fully dedicate the road to the City, its successors
and assigns forever, free and clear of all encumbrances whatever,
enumeration, any and all land, buildings, structures, mains,
toqether with and including, without limitation because of
an2 hereditaments which may in any way be a part of or pertain to
conduits, ?ipes, lines plant, machinery, equipment, appurtenances
such improvements and together with any and all necessary
easenents for access thereto.
SECTlOri 17. INSPECTIONS AXD Ai3MIiiiSTXATIili FEES :
The Leveloper shall pay anti reimburse the Zity all fees as
required and at-the times-specified in Section 10 of its Land
Division Ordiance.
SECTICIN V. MISCX.LANEOUS XEQSIZ3IENTS:
The Developer shall:
deemed necessary by the City before the final plat is signed,
A. Easements: Provide any easements on Developers land
provided such easenents are so located as not to render any lot
unbuildable or unsaleable or materially less valuable.
Land Eivision and the City shall, therefore, not require the
erection of street signs.
for by this Agreement to be carried out and perforned in a good
3. Street Signs: There are no intersections within the
C. Xanner of Performance: Cause all construction called
and worhanlike manner.
D. Survev >lonuments: Properly place and install all survey
or other monunents required by statute or ordinance.
2. Deed Xestrictions: NO deed restrictions are
contenplated at this time.
F. Siqht Distances at Intersections. There are no
intersections and, therefore, no corner lots within the Land
Division and no sight distance restrictions are applicable.
SECTICIK VI. GZARXJTEES :
The Developer shall guarantee improvements described in
Section I. against 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
materials or workmanship.
pay for any damages to City property resulting from such faulty
SECTION VII. GZNEilAL 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 employees, and shall defend the
same from and against any and all liability, claims, loss,
damaces, interest, actions, suits, judgments, costs, expenses,
attorney's fees, and the like to whomsoever owed and by 0 whomsoever and whenever brought or obtained, which may in any
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0 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 law or
ordinance, the infringement by it of any patent, trademark, trade
name or copyright, and its use of road improvements prior to
their formal dedication and acceptance to the City.
SECTION VIII. AGREEMENT FOR BENEFIT OF PURCHASERS:
herein, the provisions of this agreement shall be for the benefit
of the purchaser of any lot or any interest in any lot or parcel
of land in the Subdivision.
The Developer agrees that in addition to the City's rights
SECTION IX. ACCEPTANCE OF WORK AND DEDICATION.
improvements herein required, and shall dedicate the same to the
City as set forth herein, the same shall be accepted by the City
agreement and as required by applicable City ordinances and other
if said improvements have been completed as required by this
applicable law and approved by the City Engineers.
As and when the Developer shall have completed the
SECTION X. CONSTRUCTION PERMITS, ETC.
The Citv shall, within its authority, issue such permits,
adopt such resolutions, and execute such-documents as may be
necessary to permit Developer to construct the improvements in
accordance with plans and specifications called for by this
or other requirements of the applicable ordinances or
obtaining similar permits, resolutions, and documents as may be
regulations, and the City shall co-operate with Developer in
premises.
necessary, from other authorities having jurisdiction in the
City shall, as a condition of the Developer executing this
Agreement, make available to the Developer or its nominee
successors or assigns, building permits for the construction of
single family residences on the subject lots, subject to the
provisions of Section XII.
Agreement, upon Developers compliance with any deposit provisions
SECTION XI. FINANCIAL GUARANTY:
deposit in the face amount of $8,000.00, in the name of the City,
The developer has purchased a six-month certificate of
and the original of said certificate is on file with the City,
from State Bank Hales Corners. It is understood and agreed that
the certificate of deposit shall serve as a cash bond to guaranty
that the required improvements will be completed by the
Developers and their subcontractors within twelve months of the
date of this agreement and as a further guaranty that all
obligations to the subcontractors for work on the development
shall be satisfied. In the event the improvements required
hereunder are not completed in accordance with this agreement 0 within the time herein specified, the Developer shall forfeit all
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his interest in the certificate of deposit and the certificate of
deposit shall become the property of the City. If the required
improvements are not fully completed upon the six-month
expiration date of the certificate of deposit, the certificate of
deposit shall be renewed for a like term; and if not renewed the
City shall own the cash and may make use of it pursuant to this
agreement. In any event, the certificate of deposit shall be
promptly and unconditionally assigned to the developer, his
successor or assigns as soon as the City building inspector
has determined that the improvements required hereunder have been
completed in accordance with this agreement. The Certificate of
Deposit shall be reviewed by the City Attorney and approved as to
form prior to the execution of this agreement.
SECTION XII. GENERAL CONDITIONS AND REGULATIONS:
All the provisions of the City's ordinances, are
incorDorated herein bv reference, and all such provisions shall
bind the parties hereto and be a. part of this Agreement as fully
as if set forth at length herein. This Agreement and all work
and improvements required hereunder shall be performed and
carried out in strict accordance with and subject to the
provisions of said ordinances.
SECTION XIII. 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 Land Division.
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.
IN WITNESS WHEREOF, Developer and City have caused this
Dated as of this >- day of , 1986.
CITY OF MUSKEG0
(Clerk)
EXHIBIT "A"
CERTIFIED SURVEY MAP NO.
being a part of the NE 1/4 of Section 9, T 5 N, R 20 E, in the City of Muskego,
Waukesha County, Wisconsin.
0 VlClNlTY 3KF.TcH
N 114 9-6-20
SCALE I' i 50'
NOTE :
t X 24 IRON PIPE AT
ALL LOT CORNERS-
1.13 LBS. PER LIN. FT, %I
BEARINGS REFERENCED zI TD THE WEST LINE OF 31 0 .'
$1
PLAT OF MUSKEGO ! BEACH PARK ADDITION "
WHICH IS ASSUMED To
BEAR S 17' 45 00" E
OWNER:
Willard M. Masterson
14 Las Casitas
Las Cruces, NM 88005
SURVEYOR:
Stanley J. Potrykus
11000 W. Janesville Road
Hales Corners. W1 53130
Subject to the provisions and
exhibits of the Certified Survey
Map Agreement dated February 2, 1987,
Waukesha County.
on'file with the City of Muskego,
0
CERTIFIED SURVEY MAP NO.
being a part of the NE 1/4 of Section 9, T 5 N, R 20 E, in the City of Muskego,
Waukesha County, Wisconsin.
SURVEYOR'S CERTIFICATE
surveyed, divided and mapped a part of the NE 1/4 of Section 9, T 5 N, R 20 E, in the
1, Stanley J. Potrykus, a Registered Land Surveyor, do hereby certify: That I have
City of Muskego, Waukesha County, Wisconsin, bounded and described as follows:
Connnencing at the Southwest corner of Lot 1 in Block "C" in the PLAT OF MUSKEG0 BEACH
PARK ADDITION; thence S 17" 45' W along the West line of said Lot 1 extended, 66.13
feet; thence S 40' 10' W, 177.09 feet; thence N 17" 45' W, 216.13 feet to a point on
the nleanderline of Little Muskego Lake; thence N 40" 10' E along said memderline,
177.09 feet to a point on the West line of the aforesaid Lot 1; thence S 17" 45' E
along said West line, 150.00 feet to the place of beginning, dedicating therefrom
the Southerly 60 feet for street purposes.
That I have made this survey, land division and map by the direction of Willard M.
Masterson and PP,RKMASTER ATTRACTIONS, INC., Owners.
That such map is a correct representation of all the exterior boundaries of the land
surveyed and the land division thereof made.
That I have fully complied with the provisions of Chapter 236 of the Wisconsin
Statutes and Chapter 18, Section 3.8 of the City of Muskego, in surveying, dividing,
and mapping the same.
Date: December 22, 1986
0
OWNER'S CERTIFICATE
As Owner, I hereby certify that I have caused the land described above to be surveyed,
divided, and mapped as represented on this map in accordance with the requirements of
Chapter 18, Section 3.8 of the Subdivision Ordinance of the City of Muskego.
WITNESS the hand and seal of said Owner this day of * 1987 .
In the presence of:
Witness Willard M. Masterson
Sheet 2 of :4
FORM NO. PUS-A
.C"."
Stwk No. 26273
CERTIFIED SURVEY MAP NO.
being a part of the NE 1/4 of Section 9. T 5 N, R'20 E, in the Ci.ty of Muskego,
Waukesha County, Wisconsin..
STATE OF WISCONSIN ) ss COUNTY OF WAUKESHA )
PERSONALLY came before me this day of , 1987, the above
named Willard M. Masterson, to me known to be the person who executed the foregoing
instrument and acknowledged the same.
Notary Public - State of Wisconsin
My Commission Expires
0 CORPORATE OWNER'S CERTIFICATE
PARKMASTER ATTRACTIONS INC., a corporation duly organized and existing under and by
virtue of the laws of the State of Wisconsin, as owner, does hereby certify that
said corporation caused the land described on this map to be surveyed, divided and
mapped as represented on this map in accordance with the provisions of Chapter 236
of the Wisconsin Statutes and Chapter 18, Section 3.8 of the City of Muskego, in
surveying, dividing and mapping the sanle.
IN WITNESS WHEREOF, the said PARKMASTER ATTRACTIONS INC. has caused these presents
Secretary at Muskego, Wisconsin and its corporate seal to be hereunto affixed this
to be signed by Willard M. Masterson, its President and Jessie Falge Masterson, its
day of , 1987.
IN THE PRESENCE OF: PARKMASTER ATTRACTIONS INC.
Witness Willard M. Masterson, President
- Witness Jessie Falge Masterson, Secretary
STATE OF WISCONSIN ) ss
COUNTY OF WAUKESHA )
PERSONALLY came before me this day of , 1987
named corporation, to me known to be the persons who executed the foregoing instrument
and to me known to be such President and Secretary of said corporation and acknowledged
that they executed the foregoing instrument as such officers as the deed of said corp-
oration by its authority.
' Willard M. Masterson, President and Jessie Falge Masterson, Secretary of the above
Notary Public - State of Wisconsin
My Conmission Expires
Sheet 3 of 4
Stock No. 26273
CERTIFIED SURVEY MAP NO.
being a part of the NE 1/4 of Section 9, T 5 N. R 20 E, in the City of Muskego,
Waukesha County, Wisconsin.
COMMON COUNCIL APPROVAL
APPROVED by the Comnon Council of the CITY OF MUSKEGO, this day 0.f
1987. by Resolution No.
Wayne G. Salentine. Mayor City of Muskego
0 Charlotte L. Stewart, City Clerk
PLAN COMMISSION APPROVAL
APPROVED by the Plan Comnission of the CITY OF MUSKEGO. this day of , 1987, by Resolution No.
Lynn Sweet, Recording Secretary
Wayne G. Salentine, Chairman
This Instrument was drafted by Stanley J. Potrykus
Sheet 4 of 4
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1'
1
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APPROVAL OF CERTIFIED
(Willard M.
WHEREAS, a certified survey to finalize
a two parcel division of the in the
WHEREAS, the Plan Commission
NE 114 of Section 9, and
finalize a two
City Engineer.
property in the
DATED THIS /DAY OF , 1987.
4 City C er
iORM NO. 985.A
*<""..- . ~
Stock No. 26273
0
'> .. I")
".
CERTIFIED SURVEY MAP NO.
being a part of the NE 1/4 of Section 9, T 5 N, R 20 E, in the City of Muskego,
Waukesha County, Wisconsin.
0 NE 114 9-5-20
SCALE
I.. z 50
NOTE:
I. X 24" IRON PIPE AT
ALL LOT CORNERS-
113 LBS. PER LIN. FT $1
BEARINGS REFERENCED
TO THE WEST LINE OF
" PLAT OF MUSKEG0
31
WHICH IS PSSUMEO TO
BEACH PARK AOOITION
BEAR S 17' 45' 00 E
OWNER:
Willard M. Masterson
14 Los Casitos
Los Creces, NM 88005
SURVEYOR:
Stanley J. Potrykus
11000 W. Acesville Road
Hales Corners, WI 53130 0
-w
LOT 2 x 0 Y) F.
0
/=/rZ/.G
Sheet 1 of 3
CERTIFIED SUiIVEY lrWP AGiiEEHENT
This ayreernent, made this day of k I
1987, by and between the Willard M. Masterson, ("the Dedeloper")
and the-City of Muskeqo, a municipal corporation of thd State of
Wisconsin, located in Waukesha County, hereinafter ca'lled the
"City".
WITNESSETH:
WHZREAS, Developer has submitted for appr the City, a
proposed Land Division by Certified Survey Ma4 resulting in a
minor subdivision, a copy of which is attacljkd hereto as Exhibit
"A", (the "Land Division"), Beiny a subdiyslon of a part of tktr
WI, and
subdivisions and is, therefore, not sup'ject to Section 236.13 of
the Wisconsin Statutes, but the Developer, nevertheless, is
willing to make and install a crrtaidroad extension to service
the land subject to the Land Divisioh, and further, is willing to
dedicate the salne as a public street, and to construct such
improvements accordilly to lnunicipafl specifications without cost
to said municipality; dnd
WHEREAS, the City's enyineers have duly approved the
Developer's plans and specifications for Lard Division and the
Common Council has duly approvkd and authorized the terms and
provisions of this agreenlent,j?and approved the final Certified
NE 114 of Section 8, TSN, R20E, in the of Muskeyo, Waukesha,
WHEREAS, the subject Land Division of a "minor"
d
Survey Map. t!
NOW, THEREFORE, in conplderation of the covenants herein
containeh, the parties her{to agree as follows;
P
SECTION I. IMPROVEMELJTS : /
A. The Developer,,entirely at its expense, Shall COnStrUCtl
177 feet across the frdritage of the Land Division as has been install, an extensibn of Lake Diive a distance of approximately
approved by the City $Iqirleer prior to the execution hereof, in
accordance with the dlans dnd specificatiorls attached hereto as
Exhibit "A".
easements as may be required in any public street or property to
enter UiJOn and in tall the above described iulprovenlents.
1 B. The City ?hall furnish to the Developer, such permits or
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the total within twelve months of the date of this
ayreement.
SECTION 111 DEDICATIGN
Subieci! to all of the other orovisions of this aqreement, ~ ~~~
Developer shall, without charge tb the City, upon completion of a- ~ ~ ~~
1
the above described improvements, unconditionally give, grant,
convey and fully dedicate the road to the City, its successors
and assigns forever, free and clear of all encumbrances whatever,
toyether with and includiny, without limitation because of
enumeration, any and all land, buildings, structures, mains,
conduits, pipes, lines plant, machinery, equipment, appurteuances
and hereditaments which may irl any way be a part of or pertain to
such improvements and together with any and all necessary
easements for access thereto.
SECTION IV. INSPECTIONS AND ADHINISTRATIW FEES :
required and at the times specified in Section 10 of its Land
Division Ordiance.
0
The Developer shall pay and reimburse the City all fees as
SECTION V. MISCELLANEOUS FEQUIREMENTS:
The Developer shall:
A. Easements: Provide auy easements on Developers land
deemed necessary by the City before the final plat is signed,
provided such easements are so located as not to render any lot
unbuildable or unsaleable or materially less valuable.
Land Division and the City shall, therefore, not require the
erection of street signs.
for by this Agreement to be carried out and performed in a good
and workmanlike manner.
D. Survey Monuments: Properly place and install all survey
or other monuments required by statute or ordinance.
E. Deed Restrictions: No deed restrictions are
contemplated at this time.
F. Siqht Distances at Intersectiolrs. There are no
intersections and, therefore, no corner lots within the Land
Division and no siyht distance restrictions are applicable.
SECTION VI. GUARANTELS :
The Developer shall guarantee improvelnents described in
Section I. against defects due to faulty materials or workmanship
provided that such defects appear within a period of one (1) year
from the date of dedicatioll and acceptance. The Developer shall
pay for any damages to City property resulting from such faulty
materials or workmanship.
SECTION VII. GENERAL INDEMNITY:
In addition to, and not to the exclusion or prejudice of
any provisions of this ayreement or docuutents incorporated herein
by reference, Developer shall indemnify and save harmless the
City, its officers, agents arid employees, and shall defend the
damayes, interest, aci-ions, suits, judqlents, costs, expenses,
same from and against any and all liability, claims, loss,
attorney's fees, and the like to whomsoever owed and by
B. Street Siqns: There are no intersections within the
C. Manner of Performance: Cause all construction called
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whomsoeier and whenever brougttt or obtained, which may- in any c 2
0
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 law or
ordinance, the infringement by it of any patent, trademark, trade
name or copyright, and its use of road improvements prior to
their for~nal dedicatioll and acceptallce to the City.
SECTION VIII. AGREEMENT FOR BENEFIT OF PURCHASERS:
herein, the provisions of this ayreeroent slmll be for the benefit
of land in the Subdivision.
of the purchaser of any lot or any interest in any lot or parcel
The Developer agrees thdt in addition to the City's rights
SECTION IX. ACCEPTANCE OF WORK AND DEDICATION.
As 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
agreement and as required by applicable City ordinances and other
if said improvements have beell completed as required by this
applicable law and approved by the City Engineers. .
SECTION X. CONSTRUCTION PERMITS, ETC.
The City shall, within its authority, issue such permits,
adopt such resolutions, and execute such documents as may be
accordance with plans and specifications called for by this
necessary to permit Developer to construct the improvements in
Ayreement, upon Developers compliance with any deposit provisions
or other requirements of the applicable ordinances or
regulations, and the City sllall co-operate with Developer in
obtaining similar permits, resolutions, and documents as may be
necessary, from other authorities having jurisdiction in the
premises.
Agreement, make available to the Developer or its nominee City shall, as a condition of the Developer executing this
successors or assigns, building permits for the construction of
single family residences on the subject lots, subject to the
provisions of Section XII.
a
SECTION XI. FINANCIAL GUARANTY:
The develooer has ourchased a six-month certificate of
deposit in the face amo;nt of $8,000.00, naming the City as the
agreed that the certificate of deposit shall serve as a cash bond
payee, from State Bank Hales Corners. It is understood and
to guaranty that the required improvements will be coupleted by
the Developers and their subcontractors within twelve months of
the date of this agreeloent and as a further guaranty that all
obligations to the subcontractors for work on the development
hereunder are riot completed in accordance with this agreement
shall be satisfied. In the event the improvements required
his interest in the certificate of deposit and the certificate of
within the time herein specified, the Developer shall forfeit all
3
deposit slpll become the property of the City. If the required
expiration date of the certificate of deposit, the certificate of
improvements are not fully completed upon the six-month
deposit shall be renewed for a like term. In any event, the
certificate of deposit shall be promptly and unconditionally
assigned to the developer, his successor or assigns as soon as
the City building inspector of has determined that the
improvements required hereunder have been completed in accordance
with this agreement.
SECTION XII. GENERAL CONDITIONS AND REGULATIONS:
incorporated herein by reference, and all such provisions shall
bind the parties hereto arid be a part of this Agreement as fully
as if set forth at length herein. This Agreement and all work
and improvements reyuired hereunder shall be performed and
carried out in strict accordance with alld subject to the
provisions of said ordinances.
All the provisions of the City's ordinances, are
SECTION XIII. PARTIES BOUNG:
Develooer or its assiqnees shall be bound bv the terms of ~ ~~ ~
this Agreeriint or any part-herein as it applies to any phase of
the development of the Land Division.
IN WITNESS WHEREGF, Developer and City have caused this
kgreement to be siyned by their appropriate officers and their
seals to be hereunto affixed in duplicate original counterparts
on the day and year first written above.
Dated as of this day of , 1986.
(Seal )
Willard Irl. Masterson, Developer
CITY OF MUSKEG0
(Clerk)
4