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CCR2000102AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #I 02-2000 APPROVAL OF SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT Salentine and Loughney WHEREAS, A Subdivider's Agreement and Letter of Credit have been received for the Salentine and Loughney certified survey maps which propose the development of lots on Kelsey Drive; and WHEREAS, The Finance Committee has reviewed the documentation and has recommended approval. NOW, THEREFORE, BE IT FURTHER RESOLVED That the Subdivider's Agreement and Letter of Credit, as attached and amended, for the Salentine and Loughney certified survey maps, are hereby approved subject to approval of the City Attorney and City Engineer, all of said approvals to be obtained within thirty (30) days of the date of approval of this Resolution or the same will be null and void. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby authorized to sign the necessary documents in the name of the City. DATED THIS 9th DAY OF Mav ,2000 SPONSORED BY: FINANCE COMMITTEE Ald. Mark A. Slocomb Ald. David J. Sanders Ald. Nancy C. Salentine This is to certify that this is a true and accurate copy of Resolution #102-2000 which was adopted by the Common Council of the City of Muskego. 5/00 jmb COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #102-2000 APPROVAL OF SUBDIVIDER'S AGREEMENT AND Salentine and Loughney WHEREAS, A Subdivider's Agreement and Letter of Salentine and Loughney certified survey maps which pr/opose the development of lots on Kelsey Drive; and ,?' WHEREAS, The Finance Committee has reviewed the documentation and has recommended approval. NOW, THEREFORE, BE IT FURTHER That the Subdivider's Agreement maps, are of the City Attorney and City Engineer, all of said approvals to (30) days of the date of approval of this Resolution or the same and Loughney certified survey BE IT FURTHER and Clerk-Treasurer are hereby authorized to the name of the City. DATED THIS PONSORED BY: FINqNCE COMMITTEE Ald. hark A. Slocomb This is to certify that this is a true and accurate copy of Resolution #102-2000 which was adopted by the Common Council of the City of Muskego. 5/00 jmb Clerk-Treasurer SUBDIVIDER'S AGREEMENT SALENTINE -LOUGHNEY ET.AL This Agreement, made this - day of Salentine, James F. Maney. Eileen Nettesheim. Margaret Loughney, Sr, Mane Juan Maney, the 'Subdivider and ,2000 by and between Wayne G. Salentine. Arlene I. the City of Muskego. a municipal corporation of the State of Wisconsin, located in Waukesha County, hereinafler called the "City" WITNESSETH WHEREAS, the Subdivider has submitted for approval by the City five (5) Certified Survey Maps consisting of fourteen residential parcels and one outlot, a boundary description of which is attached hereto as Exhibit A, the original of which will be recorded with the Register of Deeds for Waukesha County and a copy of which is on file in the Office of the City Clerk; WHEREAS, Section 236.13 of the Wisconsin Statutes provides that as a condition of approval, the governing body the Subdivision and further. may require dedication of public streets, alleys or other ways within the Subdivision, to of the City may require that the Developer make and install certain public improvements reasonably necessary for said municipality; and be conditioned upon the construction of said improvements according to municipal specifications without cost to WHEREAS, the City's Engineen, Public Utility Committee and Finance Committee have duly approved, contingent of certain other approvals, Subdivider's plans and specifications for improvements. and the City's Plan Commission and Common Council have duly approved the five (5) Certified Survey Maps contingent upon the execution and performance of this agreement by the Subdivider. NOW, THEREFORE, in consideration of the covenants herein contained, the parties hereto agree as follows: SECTION 1. IMPROVEMENTS: Subdivider, entirely at its expense, shall: A. ROADS AND STREETS: 1, No street improvements shall be required. However, Subdivider shall be responsible for repairing any damage to Kelsey Drive and Crowbar Road shoulders and pavement which may occur as a result of construction. B. DRAINAGE AND GRADING PLAN: 1, Grade and improve all lots in conformance with the Grading Plans to be approved by the City agricultural use. Engineer. Restore with topsoil and seed, and establish dense vegetation, except where land is in C. SANITARY SEWER: 1 Subdivider shall construct. install, furnish, and provide a complete sanitary sewage collection system throughout the entire Subdivision, as approved by the City Engineer and the Public Utilities Committee of the preparation of as-built plans shall be paid by the Subdivider, all in accordance with the plans, specifications and drawings attached hereto as Exhibit "C The cost Salentine - Loughney et. al. Subdividers Agreement Page 2 Version 05/04/00 2. The City shall furnish the Subdivider such permits or easements as may be required by any public street or public property lo enter upon and install the above described sewage system therein. 3. Subdivider shall complete, to the satisfaction of the City Engineer, any remaining punch list items concerning the Sanitary Sewer System prior to the connection of any residence to the sanitary sewer 4. The Subdivider shall televise the sanitary sewer system, repair any defects as determined by the City systems. Engineer, and supply video tape to City of Muskego. and clean all sewer lines prior to the issuance Of building permits, and acceptance of improvements by the City. D. WATER MAIN 1 All parcels are proposed to be serviced by private wells. No public water distribution facilities are required to be constructed in conjunction with the land division. E. LAND DEDICATION AND PEDESTRIANWAYS 1 Subdivider shall dedicate Outlot 1, being approximately 9.4 acres in area, to the City of Muskego for Park and regional stormwater management purposes. In consideration of said dedication, City waives associated with the Kelsey Drive pedestrian path. Subdivider acknowledges that said dedication is park fees in the amount of $8.400.00 and waives developen obligation to construct and pay costs valued in excess of the fees and improvements waived in this Section. and that Subdivider acknowledges that said value in excess of the requirements of Section 18.21 and Section 18.46 is provided to the City in the form of a gift. year. 2. City shall honor tenant rights to farm Outlot 1 and lands dedicated for right-of-way for the 2000 crop F. LANDSCAPING: 1 Subdivider shall preserve existing trees outside of the public right-of-way whenever practical, when 2. Subdivider shall remove and lawfully dispose of: (a) all old barns. outbuildings; (b) destroyed trees, installing the Subdivision improvements. brush, tree trunks, shrubs and other natural growth; (c) and all rubbish. G. EROSION CONTROL MEASURES: 1 Subdivider shall construct, install, furnish and provide a complete system of Erosion Control Devices or measures in specified areas of the Subdivision, as approved by the City Engineer and the Building Inspection Department anached hereto as Exhibit "F" and in accordance with the plans and specifications with Chapter 29 of the City's Municipal Code. Such fences shall be maintained by the Subdivider until such time as turf cover is established in the Subdivision. No grading shall occur without a two (2) day notice to the City. 2. Install silt fencing in conformance with the approved plans prior to the grading and construction work. 3. Install Mulching and seeding of all disturbed areas to comply with Chapter 29. 4. Subdivider is responsible for obtaining Erosion Control Permits for the site for controlling erosion on the site and each individual lot owner is responsible for obtaining a separate erosion control permit at 5. Four Thousand Dollars ($4,000.00) from the Letter of Credit, shall be retained until adequate the time any vegetation is disturbed and are responsible for controlling erosion on their lot. vegetation is established as determined by the Building Inspection Department. A reduction of fifly upon verification of fifly percent (50%) of disturbed areas are vegetated, If, upon a written notification percent (Sooh) of the Four Thousand Dollars ($4.000.00) portion of the Letter of Credit is allowable within five (5) days, the City may utilize the Four Thousand Dollan ($4,000.00) portion of the Letter of by the Building Inspection Department of non-compliance of Chapter 29, the terms are not corrected Credit to correct the non-compliance. Salentine - Loughney et. al. Subdividers Agreement Version 05/04/00 I Page 3 6. Four Thousand Dollar ($4,000.00) portion of the Letter of Credit to correct the terms of non- conformance. From time to time, additional funds may be required in the Developer's Deposit to cover the cost of maintenance as deemed appropriate by the Department. SECTION II. TIME OF COMPLETION OF IMPROVEMENTS: The improvements set forth in Section I above shall be substantially completed by the Subdivider within one (1) year from signing of this Agreement or except if an earlier date is provided for in the Agreement. If the improvements are not completed within twelve (12) months of the date of this agreement, the Subdivider shall extend the Letter of Credit in a form acceptable to the City until such time as the final improvements are completed. If the City receives notice of the intention to terminate the Letter of Credit prior to completion of any of the improvements, such notice shall be considered a failure to complete improvements in accordance with this Agreement and shall entitle the City to immediately draw against the Letter of Credit for such completion. SECTION 111. DEDICATION: Subject to all of the other provisions of this agreement, Subdivider shall, without charge to the City, upon completion of the above described improvements, unconditionally give, grant, convey and fully dedicate the without limitation because of enumeration. any and all land, buildings, structures, mains, conduits, pipes lines, sanitary sewer improvements, forever, free and clear of all encumbrances whatever together with and including, 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. The City will be receptive to the dedications of said improvements when all said utilities have been completed and approved by the Following the completion of all improvements and tender of dedication by Subdivider, the City shall have the right to connect to or integrate other utility facilities with the improvements provided herein without payment, award, or consent rewired of the Subdivider, City Engineers and other agencies as applicable. SECTION IV. INSPECTIONS AND ADMINISTRATIONS FEES: Subdivider shall pay and reimburse the City in advance of the signing of the Agreement, in accordance with Section 18.14 of the City's Land Division Ordinance and Ordinance No. 909, and at times specified herein, but in any event, no later than thirty (30) days afler billing, all fees, expenses and disbursements which shall be incurred dedication and acceptance of the improvements covered by Section I, including without limitation by reason of by the City prior to and following the date hereof in connection with or relative to the construction, installation, supervision, inspection to insure that construction is in compliance with the applicable plans, specifications, enumeration, design, engineering, preparing, checking and review of designs, plans and specifications, compliance. Failure to pay or reimburse the City in a timely manner may cause the City to cease all construction regulations and ordinances: legal, administrative and fiscal work undertaken to assure and implement such inspections until such time as all anticipated or outstanding inspection and administration fees have been satisfied. SECTION V. MISCELLANEOUS REQUIREMENTS: The Subdivider shall: A. Easements: Provide any easements on Subdivider's land deeded necessary by the City Engineers prior to 0 the Final Plat being signed, provided such easements are along lot lines or to the rear of the lots and are Salentine - Loughney et. al Subdividers Agreement Page 4 Version 05/04/00 not any more restrictive to the building of homes beyond the applicable side yard and offset distances required by the zoning for such lots. 8. Street Sions: Reimburse the City for the cost of all street signs, traffic signs and posts, including the cost of their installation. C. Manner of Performance: Cause all construction called for by this Agreement to be canied out and performed in a good and workmanlike manner, D. Survev Monuments: Properly place and install any lot, block or other monuments required by State Statute or City Ordinance. E. Deed Restrictions: Execute and record deed restrictions and provide proof of recording prior to sale of lots in the form attached hereto. made a part hereof and marked Exhibit "G" The deed restrictions shall contain the following: i) Language in accordance with the following: "Each lot owner must adhere to and finish grade his lot in accordance with the Grading Plan on file in the office of the City Building Inspector unless a change is approved by the City Engineer. The Subdivider andlor the City and/or the agents, employees or independent contractors shall correction of any drainage conditions and the property owner is responsible for the cost of the have the right to enter upon any lot, at any time, for the purpose of inspection, maintenance, same." ii) Restriction of 125 foot minimum setback for all structures on lots 1 - 9 inclusive, and restriction iii) Prohibition of fences in front of any dwelling dwelling. iv) Prohibition of livestock fences within 50 feet of a dwelling, and in no case in a front yard of a of 100 foot minimum setback for all structures on lots 10 - 14 inclusive. F. Grades: In conjunction with application for a Building Permit, furnish to the Building Inspector and the City corners of the lot and grades of the buildings on adjoining lots where applicable, as existing and as Engineer a grading plan of the subject lot. which includes the finished yard grade, the grade of all four (4) G. m: Submit to the City valid copies of all agency permits including the Wisconsin DNR and U.S. proposed. H. Sewer Extension Permits: (a) The City of Muskego has, pursuant lo the provision of Chapter 21 of the Army Corps of Engineers before construction commences and prior to any preconstruction meeting. City Code, granted the Subdivider fourteen (14) Residential Equivalent Connections (REC's) as defined in Section 21.04 (22) of the City's Sewer Utility Ordinance, for the development of all lands contemplated by the Subdivider in all phases of this development including future phases. Subdivider is using fourteen of the above-noted REC's in the phase of development which is the subject of this Subdivider's Agreement and shall secure the installation of said sewer extensions as provided elsewhere in this agreement and as required by the City Code. There will then remain Zero(O) REC's of capacity for future phases of the development. (b) The remaining Zero (OJ REC's of capacity shall automatically terminate and the allocation of said capacity shall cease to the extent that said sewer extension is not certified, by a representative appointed by the City to make said certification. to be completely constructed and approved within four (4) years of the execution of the present Subdivider's Agreement. I. Notations on Certified Survev Maos. Subdivider shall clearly mark on the face of all Certified Survey Maps: a) The right-of-way of Kelsey Drive shall be labeled "Future Public Pathway" such that the Buyer of b) Each parcel shall be labeled "Future re-division of this parcel is prohibited" each parcel will have clear notification of the City's intent to install such features. Salentine - Loughnq et. al. Subdividers Agreement Page 5 Version 05/04/00 0 c) Outlot 1 shall be labeled 'Dedicated as a gifl to the City of Muskego for Park and Stormwater d) Each parcel shall adhere to the grading plan as approved by the City of Muskego. Management Purposes." SECTION VI. GUARANTEES: The Subdivider shall guarantee the sanitary sewer improvements described in Section I, hereof, 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 Subdivider shall pay for any damages to City property resulting from such workmanship or materials. Wisconsin law on negligence shall govern such situation. faulty materials or workmanship. This guarantee shall not be a bar to any action the City might have for negligent 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, Subdivider shall indemnify and save harmless, and agrees to accept tender of defense and to defend and pay any and all reasonable legal, accounting. consulting, engineering and other expenses relating to the defense of any claim asserted or imposed upon the City, its officers, agents. and employees, and independent contractors growing out of this agreement as stated above by any party or parties. The Subdivider shall also name as additional insured on its general liability insurance the City, its officers, agents. and employees, and any independent contractors hired by the City to perform service as to this Subdivision and give the City evidence of the same upon request by the City. 0 a) Hold Harmless. The Subdivider shall indemnify and hold harmless the City, its officers, agents, independent contractors, and employees from and against all claims, damages, losses, and expenses, such claim, damage, loss, or expense (i) is attributable to bodily injury. sickness, disease, or death, or to including attorney's fees arising out of or resulting from the performance of the Work, providing that any therefrom, and (ii) is caused in whole or in part by any negligent act or omission of the Subdivider, its injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting officers, agents, independent contractors. and employees or anyone for whose acts any of them may be made liable, regardless of whether or not it is caused in part by a party indemnified herein. A claim for indemnification under this section shall be conditioned upon the City giving to the Subdivider, within five (5) business days of receiving the same, written notice of any such claim made against the City for which the defense of such claims to the Subdivider's insurance carrier, In any and all claims against the City, its indemnification is sought. and if requested to do so by Subdivider's insurance carrier, the City shall tender officers, agents, independent contractors, and employees by the Subdivider, its officers, agents, independent contractors. employees, and anyone directly or indirectly employed by any of them or anyone for whose acts any of they may be held liable, the indemnification obligation under this section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable Compensation Acts, disability benefit acts, or other employee benefit acts. by or for the Subdivider, its officers, agents, independent contractors, employees under Workers' b) Personal Liability of Public Officials. In carrying out any of the provisions of this Agreement or in exercising any power or authority granted to them thereby, there shall be no personal liability of the City officers, agents, independent contractors, or employees, it being expressly understood and agreed that in such matters they act as agents and representatives of the City. C) Indemnification for Environmental Contamination. The Subdivider shall indemnify, defend, and hold City damages, penalties, fines, costs, or loss (including reasonable fees for attorneys, consultants, and experts) and its officers. agents. independent contractors. and employees harmless from any claims, judgments. Salentine - Loughney et. al Page 6 Subdividers Agreement Version 05/04/00 that arise as a result of the presence or suspected presence in or on the real property dedicated or conveyed to the City by, under, pursuant to. or in connection with the Plat and this Agreement (including but not limited to street right-of-way) of any toxic or hazardous substances arising from any activity occurring prior to the acceptance of all improvements. Without limiting the generality of the foregoing, the indemnification by the Subdivider shall include costs incurred in connection with any site investigation or any remedial, removal, or restoration work required by any local, State, or Federal agencies because of the presence or suspected presence of toxic or hazardous substances on or under the real property, whether the soil, groundwater, air, or any other receptor, The City agrees that it will immediately notify that such contamination may exist in or on the real property. The City also agrees that upon notification to Subdivider of the discovery of any contamination or of any facts or circumstances that reasonably indicate Subdivider that contamination may exist, the City shall make reasonable accommodations to allow Subdivider to examine the real property and conduct such clean up operations as may be required by appropriate local, State, or Federal agencies to comply with applicable laws. SECTION VIII. AGREEMENT FOR BENEFIT OF PURCHASERS: The Subdivider shall agree that in addition to the City's rights 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. Further, that the sale of any lot or parcel shall not release the Subdivider from completing the work on the attached Exhibits. SECTION IX. ACCEPTANCE OF WORK AND DEDICATION: As and when the Subdivider 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 law and approved by the City Engineer, City Finance Committee and Common Council. SECTION X. EROSION CONTROL PLAN AND PERMIT: The Subdivider shall submit to the City, an application for a Land Disturbing Permit and an Erosion Control Plan in accordance with the requirements of Section 29.06 of the City's Erosion Control Ordinance (Ord. #560). No construction or grading can begin until said permit is received from the City. SECTION XI. CONSTRUCTION PERMITS, ETC ... The City shall, within its authority, issue such permits, adopt such resolutions, and execute such documents as specifications called for by this agreement, upon Subdivider's compliance with any deposit provisions or other may be necessary to permit the Subdivider to construct the improvements in accordance with the plans and obtaining similar permits, resolutions and documents as may be necessary from other authorities having requirements of the applicable ordinances or regulations; and the City shall cooperate with the Subdivider in jurisdiction in the premises. The City shall, as a condition of the Subdivider executing this Agreement, make available to the Subdivider or their nominee successors or assigns, building permits for the construction of single family residences subject to the provision of Section XII. SECTION XII. BUILDING AND OCCUPANCY PERMITS: It is expressly understood and agreed that no building permits or occupancy permits shall be issued for any other homes until the City's Engineers have determined that: Salentine - Loughney et. al. Subdividers Agreement Version 05/04/00 Page 7 a) The sanitary sewer, water and surface water drainage facilities required to serve such homes are b) No Building Permits shall be issued prior to all signatures being obtained on the Deed Restrictions connected with an operational system as required herein, and c) Video tape of sanitary sewer system completed d) All lot grades shall conform to the Grading Plan e) Negative balance in Developer's Deposit is satisfied unless othenvise authorized by the Planning Director. SECTION XIII. 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 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 XIV. FINANCIAL GUARANTEES: A. LETTER OF CREDIT. Prior to the execution of this agreement by the City, the Subdivider shall file with the City a Letter of Credit setting forth terms and conditions approved by the City Attorney in the amount of 5193,850.00 as a guarantee that the required plans, improvements, and approvals will be completed by the Subdivider and his subcontractors no later than one (1) year from signing of the Agreement, except if another date is provided within this Agreement and as a further guarantee that all fees required pursuant to Section IV of this Agreement are paid as required by Section IV, and that all obligations to the subcontractors for work on the Subdivision are satisfied. B. INVOICES: Invoices documenting public improvements addressed and not addressed in the Letter of Credit, but attributable to the subject development shall be provided to the City at the time of the signing of this Subdivider's Agreement. C. REDUCTION OF LElTER OF CREDIT The Subdivider shall provide City with a written request to the Finance Committee accompanied by: Request for Amendment to Letter of Credit, invoices for work completed for which a release is being requested, breakdown of invoices in format of Public Improvement Cost Breakdown form, lien waivers for all work which is subject of release request D. DEVELOPERS DEPOSIT. The Subdivider shall maintain a positive balance in the Developer's Deposit. No release from the Letter of Credit shall be entertained until the Developer's Deposit is satisfied unless otherwise authorized by the Common Council following a recommendation of the Finance Committee. E. PRESERVATION OF ASSESSMENT RIGHTS 1, Waiver of Notice. In addition to other remedies provided to the City by this Agreement. the City shall have the right, without notice or hearing, to impose special assessments for any amount to which the City is entitled by virtue of this Agreement upon the Subdivision. This provision constitutes the Subdivider's Salentine - Loughney el. al Subdividers Agreement Page 8 Version 05/04/00 consent to the installation by the City of all improvements required by this Agreement and constitutes the 66.60 (le), Wis. Slats. Subdivider's waiver of notice and consent to all special assessment proceedings as described in Sec. 2. Remedies not exclusive. The City may use any other remedies available to it under the Agreement or in law or equity in addition to, or in lieu of, the remedies provided herein. SECTION XV. PARTIES BOUND: Subdivider or his assignees shall be bound by the terms of this agreement or any part herein as it applies to any phase of the development. Approval by the City shall not be deemed a waiver as the ultimate responsibility for the proper design and installation of streets improvements,'drive and parking areas, water facilities, drainage facilities, ditches, landscaping and all other improvements shall be the Subdividers. The fact that the City or it's engineers, or it's attorney, or it's staff may approve a specific project shall not constitute a waiver, or relieve the Subdivider from ultimate responsibility for the design, performance, and function of the Development and related infrastructure. SECTION XVI. ASSIGNMENT: Subdivider shall not assign this Agreement without the written consent of the City. SECTION XVII. AMENDMENTS: The City and the Subdivider, by mutual consent, may amend this agreement. by written agreement between the City and the Subdivider. SECTION XVlll PARTIES TO THE AGREEMENT IN WITNESS HEREOF, Subdivider 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 date and year first written above. Subdivider: By: Wayne G. Salentine STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me this - day of foregoing instrument and acknowledged the same. ,2000 to me known to be the person who executed the Notary Public-State of Wisconsin My Commission Expires Salentine - Loughney et. at Page 9 Subdividers Agreement Version 05/04/00 By: Arlene L. Salentine STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me this - day of , 2000 to me known to be the person who executed the foregoing instrument and acknowledged the same. Notary PubliGState of Wisconsin My Commission Expires By: Margaret Loughney STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me this - day of ,2000 to me known to be the person who executed the foregoing instrument and acknowledged the same. Notary Public-State of Wisconsin My Commission Expires By: James F. Maney STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me this __ foregoing instrument and acknowledged the same. day of , 2000 to rn 0 Notary PubliGState of Wisconsin le known to b Ne the person who executed th le Salentine - Loughney et. al Subdividers Agreement Page 10 Version 05/04/00 My Commission Expires Subdivider (continued): By: Eileen Nettesheim STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me this - day of foregoing instrument and acknowledged the same. , 2000 lo me known to be the person who executed the Notary Public-Stale of Wisconsin My Commission Expires By: Sr. Marie Juan Maney STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me this - day of foregoing instrument and acknowledged the same. , 2000 lo me known to be the person who executed the Notary Public-Slate of Wisconsin My Commission Expires Salentine - Loughney et. al, Subdividers Agreement Page 1 I Version 05/04/00 City OF MUSKEGO: BY: David L. DeAngelis, Mayor BY: Jean Marenda, City ClerWTreasurer STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me this - day of and Jean Marenda. City Clerflreasurer, of the above-named municipal corporation City of Muskego, to me ,2000, the above named David L. DeAngelis. Mayor, known to be the persons executed the foregoing instrument, and to me known to be such Mayor and City such offices as the deed of said municipal corporation by its authority and pursuant to the authorization by the Clerwreasurer of said municipal corporation, and acknowledged that they executed the foregoing instrument as Common Council from their meeting on the - day of ,2000. Notary Public-State of Wisconsin My Commission Expires Salentine - Loughney et. al Subdividers Agreement Page 12 Version 05/04/00 CERTIFICATION This is to certify that the foregoing is a true and correct copy of the Subdivider's Agreement for Salentine - Loughney et.al. , as entered into on the - day of ,2000, by and between and the City OF MUSKEGO, pursuant to the authorization by the Common Council from their meeting on the day of ,2000. BY THE COMMON COUNCIL Jean K. Marenda, CMC City Clerrnreasurer SUBSCRIBED AND SWORN TO BEFORE ME this- day of ,2000. (Notary Public) My commission expires Salentine - Loughney et. al. Subdividers Agreement Page 13 Version 05/04/00 e Exhibit A LEGAL DESCRIPTION SALENTINE LOUGHNEY ET. AL. The Southerly 520.00 feet of the Southeast one-quarter (SE %) of the Southwest one -quarter (SW %) of Section 30, Township 5 North. Range 20 East, in the City of Muskego. Waukesha County, Wisconsin, more particularly describe as follows: Beginning at the SE corner of said SW % Section; thence S 88' 19' 66" W. 1320.00 feet to a point; thence N 02O 05' 53" W, 520.00 feet to a point; thence N 89O 19 06" E. 1320.1 feet to a point in the East line of said %Section; thence S 02' 05' 51" E to the point of beginning. AND The South one-half (S %) of the Southeast one-quarter (SE %) of Section 30, Township 5 North. Range 20 East, in the City of Muskego, Waukesha County, Wisconsin. 'a