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CCR1992252RESOLUTION #252-92 COMMON COUNCIL - CITY OF MUSKEGO CAROL J. DEBACK, CATS NATIONWIDE, INC., AND JOSEPH A. AND APPROVAL OF AGREEMENT BETWEEN CITY OF MUSKEGO, MARIE J. SANTI AS TO EXTENSION OF ENTERPRISE DRIVE WHEREAS, the City has agreed, with adoption of Resolution #190-92, to provide road and water service for the extension of Enterprise Drive to the western edge of the Industrial Park, and WHEREAS, the owners of the property to the west have agreed to extend Enterprise Drive to provide access to their properties west of the Industrial Park, and WHEREAS, the City has adopted Resolution #212-92, Authorization to Apply for Transportation Facilities Economic Assistance and Development (TEA) Grant for Enterprise Extension, and WHEREAS, a TEA Grant has been applied for and, if approved, will fund a portion of the extension of Enterprise Drive, and WHEREAS, water service will also be required to be extended to the westerly edge of Enterprise extended, but is not grant eligible, and WHEREAS, it is anticipated that the Wisconsin Department Of Transportation will notify the City by November 1, 1992, as to whether the City is awarded the TEA Grant. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Enterprise Drive. BE IT FURTHER RESOLVED, that Carol J. DeBack, Joseph A. Santi and Marie J. Santi, CATS Nationwide, Inc., and the City of Muskego hereby agree that the funding for the transportation related improvements shall be according to either Option, as specified below: a Muskego agrees to participate in the funding for the extension of OPTION "A"(With Grant if funded on or before December 31, 1992) - Carol J. DeBack agrees to fund 50% and CATS NATIONWIDE, INC. agrees to fund 50% of costs that are not grant eligible for the approximate 300 feet of the road improvements of Enterprise Drive and the water main to the western edge of cul-de-sac as per design of the City Engineers, starting at the west end of the Industrial Park, as shown on Exhibit 1, attached. It is further specified that the project will be publicly bid and the funds from Carol J. DeBack and CATS NATIONWIDE, INC. will be received by the City prior to the Common Council awarding the bid. All project costs will be funded as a proration based upon the front footage of each property (DeBack/CATS and the City); the same mechanism is to be used for the allocation of grant funds to all parties. The total Grant funds that are received based on the number of be reimbursed by Carol J. DeBack or Assigns to the State of Wisconsin if jobs are not created during the five (5) year period, as specified in the "Jobs Guarantee" agreement between the State of Wisconsin and the City of Muskego. Lm jobs that are required to be created as a condition of the Grant, shall Resolution #252-92 - Page 2 OPTION "B" (Without Grant if not funded on or before December 31, 1992) - Road improvements for Enterprise Drive Extended, west of per design of the City Engineers, shall be built by Carol J. DeBack and the Industrial Park and water main to the western edge of cul-de-sac as CATS NATIONWIDE, INC. to the City's specifications as per the City Engineer's design and will dedicate same to the City of Muskego. upon the front footage of each property. BE IT FURTHER RESOLVED, if the property owned by Carol J. DeBack is Carol J. DeBack under this agreement shall become the responsibility of sold to Joseph A. Santi and/or Marie J. Santi, all responsibilities of DeBack property and Carol J. DeBack shall be relieved of any future Joseph A. Santi and/or Marie J. Santi, owners of the said Carol J. responsibilities under this agreement. BE IT FURTHER RESOLVED, that this agreement shall be in full force and effect, from and after its passage, but if the road and water completed and dedicated to the City of Muskego, within one (1) year, improvements referred to in either Option, as stated above, are not this Agreement is null and void and the RS-2 Zoning is in full force and effect and that this Agreement shall be executed no later than October 24, 1992, by all parties indicated below. Engineering design costs will be funded as a proration based DATED THIS 13TH DAY OF OCTOBER, 1992. FINANCE COMMITTEE Ald. Patrick A. Patterson Ald. Edwin P. Dumke Ald. David J Sanders This is to certify that this is a true and accurate copy of Resolution #252-92 which was adopted by the Common Council of the City of Muskego. - ACCEPTED BY: 'J DATE CAT$ NATIONWIDE , INC. /6.12-? DATE 'L 10/92 cma ORIGINAL SIGNED RESOLUTION IN VAULT. CSM 1538 CSM 5946 DOC. NO. 1552706 V.48 P.290 EXHIBIT PROPOSED 3’ WlDE CONCRETE DITCH PROPOSED 24’ WIDE BITUMINOUS CONCRETE ”” ” _..-... ...-... -... ””“ ””” ”- _..-... -...-...-...-... ”””” -36’ TO BE DEDICATED FOR SAN. SEW. LAT PUBLIC ROAD RIGHT-OF-WAY PROP’D 2“ W.S. LF SILT FENCE PURPOSES CONTRACTOR TO REMOVE EXISTING PLUG 12” WATER MAIN TO EXISTING 12’ WATER & BUTTRESS AND CONNECT PROPOSED MAIN AFTER A SAFE WATER SAMPLE HAS BEEN OBTAINED. ”-8” SAN. SEW. LAT 0 0.40% NOTE: BLEND EARTH DITCHES INTO PROPOSED CONCRETE INVERTS AND BLEND PROPOSED CONCRETE INVERTS INTO EXISTING CONCRETE INVERTS. I I CSM 1526 CSM 5706 DOC. NO. 1514297 V.46 P.204 NOTE: NEAREST MAIN LINE VALE IS ON WEST SIDE OF MERCURY DRIVE EXHIBIT 1 CUL-DE-SAC EASEMENT 120.00' c CSM 1 I 12'~ 8' TEE W/ 8" BV - AND 46' OF 8' W @ 0.00% SOUTH W/ PLUG & BUTTRESS CORN FIED -0 n PROP'D 6" SAN. SEW. LAT. 170.00' 9 PROP'D 2" W.S. HYDRANT STEAMER EL 793.00 ul I " "- ~- "" PROPOSED 6' WlDE GRAVEL SHOULDERS IN BASE CORN FIELD I I . v 4 ...-...-.._.-...-... -...--...- """"--- - N c " I, .- _""" "" _.__,-...__.._-...-... -...- \A """- LE 36' TO BE DEDICATED FOR PURPOSES PUBLIC ROAD RIGHT-OF-WAY F 37"8" SAN. SEW. LAT 6 0.40% CORE INTO EXIST MH & INSTALL BOOT 12" WATER MAIN-"'