CCR1987153COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTLON //I 53-87
(As Amended)
APPROVAL OF FINAL PLAT AND SUBDIVIDERS AGREEMENT
LAKE BRITTANY ESTATES ADDN. NO. 1
WHEREAS, a Final Plat has been submitted for the 20 lot Lake
Brittany Estates Addn. No. 1 Subdivision, a redivision of part of
Outlots 1 and 2, Lake Brittany Estates in the East 112 of Section
12, and
WHEREAS, the Preliminary Plat for a 30 lot subdivision was
approved in Resolution #54-87 on 4/14/87, and
WHEREAS, the Final Plat is reduced from 30 lots to 20 lots and
the size of Outlot 5 is increased, to comply with DNR
requirements, and
WHEREAS, the Plan Commission has recommended approval, subject to
compliance with the City Engineer's Report dated 6/22/87; the
addition of a 20 ft. drainage easement along the north property
line; payment of necessary fees; and, the addition of a deed
ownership of said outlot shall convert to the owners of Lots 77
restriction that if the taxes become delinquent on Outlot 5, the
through 96, or the Lake Brittany Estates Home Owners Association,
Inc., and
WHEREAS, the Subdivider's Agreement has been recommended for
approval by the Finance Committee.
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 20 lot Lake Brittany
Estates Addn. No. 1, subject to the conditions imposed by the
and approving agencies; and receipt of payment of any and all
Plan Commission; approval of the City Engineer and all objecting
attorney, engineer, administrative, etc. fees.
BE IT FURTHER RESOLVED that the Subdivider's Agreement is hereby
approved subject to approval of the City Attorney and approval of
the City Engineer.
DATED THIS 28th DAY OF July
I
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION 53-87
APPROVAL OF FINAL PLAT AND SUBDIVIDERS AGREEME
LAKE BRITTANY ESTATES ADDN. NO. 1
WHEREAS, a Final Plat has been submitted for
Brittany Estates Addn. No. 1 Subdivision, a
Outlots 1 and 2, Lake Brittany Estates in
12, and
WHEREAS, the Preliminary Plat for a 30 was
approved in Resolution #54-87 on
WHEREAS, the Final Plat is
the size of Outlot 5 is
requirements, and
and
WHEREAS, the Plan C nded approval, subject to
compliance with the rt dated 6/22/87; the
addition of a 20 ft long the north property
restriction that if inquent on Outlot 5, the
line; payment of ne e addition of a deed
ownership of said outlot shall ert to the owners of Lots 77
through 96, and
WHEREAS, the Subdivider's Ag mended for
approval by the Finance Comm
NOW, THEREFORE, BE Common Council of the
City of Muskego, upon the
does hereby approve the he 20 lot Lake Brittany
ommendation of the Plan Commission,
Estates Addn. No. 1
Plan Commission; ap all objecting
t to the conditions imposed by the
and approving agenc any and all
attorney, engineer,
BE IT FURTHER RESOL greement is hereby
approved subject to
DATED THIS , 1987.
ATTEST:
Ald. Mitchel Penovich
DEVELOPER'S AGREEMENT
THIS AGREEMENT made as of the - day of , 1987. by
and between Lake Brittany Estates Addition No. 1. a joint venture ('Developcr") and
the City of Muskego. a municipal corporation of the State of Wisconsin ('City").
WHEREAS, Developer will be developing and shall submit to the City a plat known
as Lake Brittany Estates Addition No. I (the 'Subdivision") being a part of a planned
unit development approved by the City;
WHEREAS, this Agrecmcnt shall pertain only to the Subdivision and shall obligate
the Dcvelopcr only for the covenants contained herein;
WHEREAS, Dcvcloper has submitted for approval by the City a proposed final plat
for the Subdivision;
WHEREAS, Developer anticipates development of the area described in Exhibit B as
Outlot 2 pursuant to prcvious agreements with the City of Muskego under its O.P.D.
zoning ordinance;
WHEREAS, Section 236.13 of the Wisconsin Statutes, provides that as a condition
of plat approval, the governing body of a municipality within which the subdivision
lics may require that the Developer make and install any public improvements
public streets, alleys or other ways conditioned upon the construction of said
reasonably necessary for said subdivision. and further may require dedication of
improvements according to municipal specifications without cost to the municipality;
and.
WHEREAS, the City's engineers have duly approved the Developer's plans and
specifications for subdivision improvements, and the Common Council has duly approved
and authorized the terms and provisions of this Agreement, and approved the final
plat of the Subdivision.
NOW, THEREFORE. in consideration of the covenants herein contained, it is
mutually agreed as follows:
DEVELOPER'S COVENANTS
SECTION I. IMPROVEMENTS
A. Roads and St
Subdivision in accordance with the plat of the Subdivision and the plans and
rects. Grade and improve all roads and streets in the
specifications which are on file with the City of Muskego.
B. Bnitarv Sewer.
throughout the entire Subdivision all in accordance with the plans, Specifications
1. Construct, install. furnish and provide a complete sanitary sewage system
and drawings.
elevation of laterals to the lot lines.
2. Furnish as built plans of the entire systcm. including locations and
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required to construct and install the above-described sewage system.
3. The City shall furnish the Developer such permits or easements as may be
and distribution, throughout the entire Subdivision, upon the terms and conditions
1. Construct. install, furnish and provide a complete system of water supply
set forth in the Declaration of Water Trust Lakelore Estates Subdivision, on file
successor to the development described in the agreement as West Lake Estates.
with the City of Muskego. Lake Brittany Estates and the Subdivision, being the
2. The City shall furnish the Developer such permits or easements as may be
required to construct and install the above-described water system.
D. Surface Water Drainage.
1. Construct. install, furnish and provide adequate facilities as approved by
throughout the entire Subdivision, in accordance with the plans and specifications.
the City Engineer and Public Works Committee for storm and surface water drainage
required to construct and install the above-described surface water drainage system.
2. The City shall furnish the Developer such permits or easements as may be
E. Guard Rails. Landscaoinn. etc.
1. Place guard rails along the shoulder of any street or road where street
construction has resulted in an embankment of greater than six feet.
bruch. tree trunks, shrubs and other natural growth, and all rubbish.
2. Remove and lawfully dispose of all old barns. outbuildings, destroyed trees,
and other plantings along pedestrian or other areas, which plantings shall be
3. Developer shall provide for the planting of street trees adjoining roadways
approved by the Plan Commission in accordance with Section 8.13 of the Municipal
Code.
4. The City shall furnish the Developer such permits or easements as may be
necessary to construct and install the above-described improvements.
F. Financial Guarantec. If the aforesaid facilities and improvements have not
been fully installed at the time the plat is submitted for final approval, Developer
shall file with the City Treasurer, or his deputy, or other designated agent, a
surety bond executed by Developer as principal and a responsible bonding company duly
to the City, and conditioned upon the faithful performance and payment of any and all
licensed and authorized to do business in the State of Wisconsin as surety, payable
work to be performed by Developer pursuant to this paragraph or other satisfactory
financial guarantee for this purpose. Such bond or other financial guarantee shall
be approved by the City Attorney and shall be of an amount determined by the City
Engineer to amply cover the cost of completing said facilities and improvements.
G. peclaration of Restrictions and Oven Svace Agreement. Prior to or
execute and record a Supplementary Declaration of Covenants, Conditions and
simultaneously with the recording of the plat or the Subdivision, Developer shall
Restrictions as described in the Declaration of Covenants, Conditions and
Restrictions executed by Homestead Properties, Inc.. dated August 25. 1977 and
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recorded in the office of the Register of Deeds for Waukesha County, Wisconsin, as
Document No. 1015606 on Reel 261, Image 261. Developer further agrees to comply with
the terms of an Open Space Agreement by and between Homestead Properties. Inc. and
the City of Muskego dated September 2, 1977 and recorded in the office of the
Register of Deeds for Waukesha County. Wisconsin, as Document No. 1015605 on Reel
261. Image 257.
SECTION 11. DEDICATION
Subject to all of the other provisions of this Agreement, Developer shall,
without charge to the City, upon completion of all of the above-described
City, its successors and assigns forever, free and clear of all encumbrances
improvements. unconditionally give, grant, convey and fully dedicate the same to the
whatever, together with and including. without limitation because of enumeration, and
all land, buildings, structures, mains, conduits, pipes, lines. plant, machinery,
equipment appurtenances and hereditaments which may in any way be a part of or
pertain to such improvements and together with any and all necessary easements for
access thereto.
SECTION 111. INSPECTION AND ADMINISTRATION FEES
The Developer shall pay and reimburse the City all fees as required and at the
times specified in Section 10 of its land division ordinance. .
SECTION IV. MISCELLANEOUS REQUIREMENTS
The Developer shall:
A. -. Provide easements as required on Developer's land for sewer,
water or storm sewer mains and streets.
B. Street' s
and the cost of their installation.
iRnS. Reimburse the City for the cost of all street signs and posts
C. Manner of Performancg Cause all construction called for by this Agreement
to be carried out and performed in good and workmanlike manner.
D. Survev Monuments. Properly place and install all survey or other monuments
required by statute or ordinance.
E. Deed Restrictions. Execute and record supplemental deed restrictions to
restrictions which have been recorded as Document No. 1015606.
F. M.
specifications showing the street grade in front of each lot and the recommended yard
Furnish to the Building Inspector of the City plans and
grade for each lot.
SECTION V. SEWER AND WATER GUARANTY
improvements described in Section I. items C. D and E. hereof, against defects due to
The Developer shall guarantee the sanitary sewer, and surface water drainage
faulty materials or workmanship and shall pay for any damages resulting within one
year from the date hereof.
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4 0 SECTION VI. GENERAL INDEMNITY
In addition to, and not to the exclusion or prejudice of, any provisions of this
and save harmless the City, its officers, agents and employees, and shall defend the
Agreement or documents incorporated herein by reference, Developer shall indemnify
same, from and against any and all liability, claims, loss, damage, interest,
actions, suits, judgments, costs, expenses, attorneys’ fees, and the like to
whomsoever owed and by whomsoever and whenever brought or obtained, which may in any
manner result from or arise in the course of, out of, or as a result of the negligent
performance of this Agreement, the negligent construction or operation of
improvements covered thereby, the violation of any law or ordinance, the infringement
prior to their formal dedication to the City as provided in Section I1 hereof.
of any patent, trademark, trade name or copyright, and the use of road improvements
In every such case, where judgment is recovered against the City, if notice, and
opportunity to defend, has been given to the Developer of the pendency of the suit
the Developer not only as to the amount of damages, but also as to its liability to
within ten (IO) days after its commencement, the judgment shall be conclusive upon
the City.
CITY’S COVENANTS
SECTION VII. PLAT APPROVAL
complete the approval of the final plat of the Subdivision and cause the same to be
The City shall. upon the furnishing of easements required under Section IV A,
signed and endorsed by the appropriate officers.
SECTION VIII. ACCEPTANCE OF WORK AND DEDICATION
When the Developer shall have completed the improvements herein required, and
shall dedicate the same to the City, the same shall be accepted by the City.
SECTION IX. CONSTRUCTION PERMITS, ETC.
and execute such documents as may be necessary to permit the Developer to construct
The City. shall within its authority, issue such permits. adopt such resolutions,
the improvements in accordance with plans and specifications called for by this
requirements of the applicable ordinances or regulations; and the City shall
Agreement, upon Developer’s compliance with any deposit provisions or other
cooperate with Developer in obtaining similar permits, resolutions and documents as
may be necessary, from other authorities having jurisdiction in the premises.
available to the Developer or his nominee or assigns, building permits for the
The City shall, as a condition of the Developer executing this Agreement, make
construction of 20 single-family residences subject to the provisions of SECTION X.
0 SECTION X. BUILDING AND OCCUPANCY PERMITS
nor shall any occupancy permits be issued until the City’s engineers have determined
It is expressly understood and agreed. that no building permits shall be issued,
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that: (a) the sewer, watcr and surface water drainage facilities required to serve
such homes have been dedicated and are sufficient to furnish such service to said
homes, and (b) in the case of sewer, the same are connected with .an operating system
conditions of the roads then existing to serve such homes as sufficient to service
as required herein, and (c) further that the City's engineers have approved the
the traffic reasonably anticipated during the period prior to the date when the roads
must be completed and dedicated.
SECTION XI. FUTURE DEVELOPMENT
Developer, or its nominee or nominees, approval for development of additional
The City shall. upon receipt of necessary plans and specifications, grant the
portions of Outlot 2.
SECTION XII. GENERAL CONDITIONS AND REGULATIONS .
All the provisions of the City's subdivision ordinances, highway and street
any of the provisions of this Agreement. are incorporated herein by reference, and
ordinances. and land division ordinances, not inconsistent with or in conflict with
all such provisions shall bind the parties hereto and be a part of this Agreement as
required hereunder shall be performed and carried out in strict accordance with and
fully as if set forth at length herein. This Agreement and all work and improvements
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 subdivision.
LAKE BRITTANY ESTATES ADDITION NO. I. Developer
By:
M Camille Mortimore. Joint Venturer
Horst Wieder. Joint Venturer
CITY OF MUSKEG0
BY
STATE OF WISCONSIN , )
WAUKESHA COUNTY
) ss.
)
Personally came before me this - day of , 1987. the above-named
M Camille Mortimore and Horst Wieder. to me known to be the persons who executed the
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I
foregoing instrument, and to me known to be such persons and acknowledged that they
I executed the foregoing instrument as such joint venturers, by their authority.
My commission:
Notary Public, State of Wisconsin
'> STATE OF WISCONSIN 1
) ss. 1'; WAUKESHA COUNTY )
Personally came before me this - day of , 1987, the
above-named Mayor. and
City Clerk of the City of Muskego. to me known to be the persons who executed the
Muskego and acknowledged that they executed the foregoing instrument as such officers
foregoing instrument, and to me known to be such Mayor and City Clerk of said City of
as the deed of said City, by its authority.
Notary Public, State of Wisconsin
My, commission:
This instrument was drafted by Robert F. Rice, 933 North Mayfair Road, Suite 311.
Wauwatosa. Wisconsin 53226.
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SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
THIS SUPPLEMENTARY DECLARATION. made as of the - day of
1987 by Lake Brittany Estates Homeowner’s Association, Inc. (the “Association.)
supplements a Declaration of Covenants, Conditions and Restrictions executed by
Homestead Properties, Inc.. dated August 25. 1977 and recorded in the office of the
No. 1015606 on Reel 261, Image 261 (the ‘Original Declaration’).
Register of Deeds for Waukesha County, Wisconsin on September 13. 1977 as Document
WITNESSETH:
WHEREAS, the Association has received notice that Lake Brittany Estates Addition
of Muskego. Waukesha County, Wisconsin, which is more particularly described on
No. 1, a joint venture, (“Developer”) intends to develop certain property in the City
Exhibit A attached hereto (the ”Property“);
WHEREAS, the Property was previously described as Outlot 2 in the Original
Declaration; and
described in Article I1 Section ](a) of the Original Declaration.
WHEREAS, Developer desires to subject the Property to the Original Declaration as
NOW THEREFORE, the Association declares the Property subject to the Original
Declaration as provided herein.
Original Declaration including but not limited to rights of enjoyment and title to
1. The Property shall be subject to all of the terms and conditions of the
the Common Properties, requirements of the Architectural Control Committee and lot
and use requirements.
as described in the Original Declaration.
2. The Property shall be subject to Annual Maintenance and Special Assessments
Original Declaration shall remain in full force and effect.
3. Except as specifically set forth herein, all terms and conditions of the
LAKE BRITTANY ESTATES
HOMEOWNER’S ASSOCIATION, INC.
By:
President
Attest:
Secretary
STATE OF WISCONSIN )
WAUKESHA COUNTY
) ss.
)
0 Personally came before me this - day of
above-named
. 1987. the
and
SupDee -1-
to me known to be the persons who executed the foregoing instrument, and to me known
to be such President and Secretary of Lake Brittany Estates Homeowner's Association,
and acknowledged that they executed the foregoing instrument as such officers as the
' deed of said corporation, by its authority.
Notary Public, State of Wisconsin
My commission:
This instrument was drafted by: Robert F. Rice, 933 North Mayfair Road, Suite 311.
Wauwatosa. Wisconsin 53226
Return to: Robert F. Rice, 933 North Mayfair Road, Suite 311. Wauwatosa, Wisconsin
53226
SupDec -2-
dbv Doclunentarv Credit
Credit No. XXXXX
Beneficiary: City of Huskego
WlB2 S8200 !&cine Ave.
Muskego. WI 53150
Amount: $XXX.XXX
Applicant: Lake Brittany Estates Addition *1
576 W13054 Cambridge Ct. W.
Muskego. WI 53150
Expiry Date: XX/XX/XX
Dear Sirs:
We hereby issue this irrewcable documentary credit in your favor (the beneficiary's) which is available
by beneficiary's drafl(s) at sight drawn on Marine Bank West. Each drafl accompanying documents must
state 'Drawn under Harine Bank West Documentary Credit No. XXX'
Estates Addition .I Joint Venture under that certain Agreement dated XX/XX/XX between the City of
This Standby Credit is to provide security to the City of Muskego for the performance of lake Brittany
Muskego and Lake Brittany Estates Addition 1 Joint Venture.
Brittany Estates Addition '1 has failed to complete the construction of the sewer main or any other work
Drafts are to be accompanied by a statement signed by the Mayor of the City of Muskego stating that Lake
in accordance with said Agreement. Said statement shall set forth the estimated amount necessary for
the City of Uuskego to complete such improvemenls.
The amount of this Standby Credit may be reduced from time to time upon instuctions from the City of
Muskego as evidenced by a letter signed by the Mayor of the City of Muskego.
This Standby Credit will terminate on the XX day of XXXXX. 19BX. provided. however, Marine Bank West
shall give written notice to the beneficiary of its intention to terminate this Standby Credit at least 90
days prior to said XX day of XXXXX. 19BX. After said date this letter of credit can only terminate upon
90 days written notice to the beneficiary.
It is hereby agreed by all parties hereto that the reference to 'Agreement' is for identification purposes
only and such reference shall not be construed in any mannerf to require Marine Bank West to inquire into
its terms and obligations.
We engage with you that drafh drawn under and in compliance with the terms of this credit will be duly
honored if presented on or before he expiry date. This original Shndby Credit must be submitted to us
cancellation.
together with any drawings hereunder for our endorsement of any payments effected by us and/or for
0
Very truly yours.
Authorized Signature