CCR2001055AMENDED
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #55-2001
APPROVAL OF FINAL PLAT, DEVELOPER'S AGREEMENT
AND LETTER OF CREDIT
Sarah Estates Subdivision
WHEREAS, A Final Plat was submitted on January 20, 2001 for the Sarah Estates
Subdivision located in the NW % of Section 15 to create 26 single family lots and one
outlot; and
WHEREAS, The Plan Commission has recommended approval through Resolution
#P.C. 018a-2001, as amended; and
WHEREAS, The Subdivider's Agreement and Letter of Credit have been received for
Sarah Estates Subdivision and the Finance Committee has recommended approval.
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 Sarah Estates Subdivision, subject to approval of the City Engineer and all
objecting and approving agencies, and receipt of all fees as provided in Section 18.14 @ of the Land Division Ordinance and any special assessments which may be due.
BE IT FURTHER RESOLVED That the Developer's Agreement and Letter of Credit for
Sarah Estates Subdivision, as attached, 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 in accordance with Section XVI of the Developer's
Agreement, said Agreement is assignable to M & I Marshall and llsley Bank.
BE IT FURTHER RESOLVED That this approval is subject to the passage and
publication of Ordinance #1058.
BE IT FURTHER RESOLVED That a digital *.DXF file, *.DGN file, or + DWG file of this
final plat be submitted to the City prior to City signatures being placed upon the plat (3-
1/2" diskette) and all information transmitted on the diskettes shall be tied to and
referenced to State Plane Coordinates NGVD 1929 or others approved by the City
Engineer
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby
authorized to sign the necessary documents in the name of the City.
Reso. #55-2001
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DATED THIS 13'h DAY OF MARCH I 2001
SPONSORED BY:
FINANCE COMMITTEE
AM Mark A. Slocomb
AM David J. Sanders
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of Resolution #55-2001 which was
adopted by the Common Council of the City of Muskego.
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COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #55-2001
APPROVAL OF FINAL PLAT, DEVELOPER'S AGREEMENT
AND LETTER OF CREDIT
Sarah Estates Subdivision
'I ,. I
// WHEREAS, A Final Plat was submitted on January 20, 2001 for the Sarah Estates
Subdivision located in the NW '/4 of Section 15'to create 26 single family lots and one
outlot; and p'
WHEREAS, The Plan Commission has recommended approval through Resolution
#P.C. 018a-2001, as amended; and
WHEREAS, The Subdivider's Letter of Credit have been received for
Sarah Estates Subdivision and theffinance Committee has recommended approval.
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 Sarah Estates,Subdivision, subject to approval of the City Engineer and all
objecting and approving agencies5and receipt of all fees as provided in Section 18.14
of the Land Division Ordi$ance and any special assessments which may be due.
BE IT FURTHER RES6LVED,That the Developer's Agreement and Letter of Credit for
Sarah Estates Subdifision, as attached, are hereby approved subject to approval of the
City Attorney and G'ity Engineer, all of said approvals to be obtained within thirty (30)
days of the date df approval of this Resolution or the same will be null and void.
BE IT FURTHER qESOLVED That in accordance with Section XVI of the Developer's
Agreement, ;aid Agieement is assignable to M & I Marshall and llsley Bank.
BE IT FURTHER RESOLVED That this approval is subject to the passage and
publicatidn of Ordinance #1058.
BE IT FURTHER RESOLVED That a digital *.DXF file, *.DGN file, or *.DWG file of this
Certified Survey Map be submitted to the City prior to City signatures being placed upon
the CSM (3-1/2" diskette) and all information transmitted on the diskettes shall be tied
to and referenced to State Plane Coordinates NGVD 1929 or others approved by the
City Engineer
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby
authorized to sign the necessary documents in the name of the City.
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Reso. #55-2001
DATED THIS - DAY OF ,2001
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 #55-2001 which was
adopted by the Common Council of the City of Muskego.
I 3lOljmb
Clerk-Treasurer
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SARAH ESTATES LLC - CITY OF MUSKEG0
SARAH ESTATES - SUBDIVIDERS AGREEMENT
This Agreement, made this __ day of , 2001 by and between Sarah Estates LLC
(the "Subdivider") and the City of Muskego. a municipal corporation of the State of Wisconsin, located
in Waukesha County, (the "City").
WITNESSETH
WHEREAS, the Subdivider has submitted for approval by the City a Final Plat for Sarah Estates
Subdivision (the "Subdivision"), described as:
Being a part of the NE % and NW % of the NW % of Section 15, T5N R20E City of
Muskego, Waukesha County, Wisconsin, more particularly described as: Commencing
at the northwest comer of said NW % Section 15; thence S 88" 15' 34 W along the
north line of said NW % Section 15, 448.65 feet; thence Sol" 44 26 E, 25.00 feet to a
place at the beginning of the lands to be described: thence continuing S Solo 44' 26"
E, 245.68 feet to a point on the centerline of Woods Road; thence S57" 09' 22" W
along said centerline, 272.59 feet; thence Nolo 44' 26 W 181.50 feet; thence S88" 15'
34 W, 307.24 feet; thence Sol" 44' 26 E 155.00 feet; thence S46" 31' 17" E., 135.24
feet; thence S32" 50' 38 E, 50.00 feet to a point on the centerline of Woods Road;
thence S57" 09' 22" W, along said centerline 260.84 feet; thence S42" 23' 11" W along
said centerline 296.64 feet; thence S47" 36' 49" E, 50.00 feet; thence Sol" 27' 37" E,
439.77 feet; thence S88" 32' 23" W, 515.76 feet to a point on the centerline of Woods
Road; thence N42" 23' 11" E along said centerline. 408.44 feet; thence N01" 11' 26"
W, 559.60 feet; thence S87" 38' 11" W, 501.33 feet; thence N01" 23' 56 W 496.52
feet to a point on the south line of a Wisconsin Electric Power Company right-of-way;
thence N88" 15' 34" E, 1540.13 feet to the place of beginning.
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the Final Plat(s) 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; and
WHEREAS, Section 236.13 of the Wisconsin Statutes provides that as a condition of plat approval, the
governing body of the City may require that the Subdivider make and install certain public
improvements reasonably necessary for the Subdivision and further, may require dedication of public
streets, alleys or other ways within the Subdivision, to be conditioned upon the construction of said
improvements according to municipal specifications without cost to said municipality; and
WHEREAS, the City's Engineers, the City's Public Works Committee, Public Utility Committee and
Finance Committee have duly approved, contingent of certain other approvals, Subdivider's plans and
specifications for subdivision improvements, and the City's Plan Commission and Common Council
have duly approved the final plat of Sarah Estates Subdivision contingent in part 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:
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Subdividers Agreement
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1 This Subdivi
SECTION I : PLATTING
ders Agreement addresses the development of 26 parcels platted for single family
residential use, and one outlot platted for open space and stonwater retention purposes, all being
under the Provisions of Chapters 17 and 18 of the Municipal Code, and under the auspices of OPD
Planned Development District overlay zoning.
a) Single family parcels shall conform to the zoning requirements of RS-2 I OPD Suburban
Residence district with Planned Development overlay zoning, and generally being a minimum of
18,000 square feet in area, 100 feet in average lot width, having street yard setbacks of 40 feet,
side yard offsets of 15 feet and 20 feet, and rear yard offsets of 20 feet.
b) Outlot 1 shall be reserved for common open space and stormwater management purposes
consistent with OPD Planned Development overlay zoning requirements, and shall be owned
and maintained by Owners Associations established by Subdivider
2. Subdivider shall entirely at its expense:
a) Concurrent with the execution of this Agreement tender an Irrevocable Standby Letter of Credit
in the amount required herein for the construction of improvements required by this Agreement.
No construction activity may commence until this Agreement has been executed and recorded,
and the Letter of Credit has been tendered.
b) Concurrent with the execution of this Agreement, provide the City with title evidence acceptable
to the City Attorney showing that upon recording the Plat, the City will have good, indefeasible
title to all interests in land dedicated or conveyed to the City by the Plat.
c) Within thirty (30) days after approval of this Agreement by the Common Council, the Subdivider
shall execute this Agreement shall cause this Agreement to be recorded at the Waukesha
County Register of Deeds and shall provide City with evidence of recording.
d) Within thirty (30) days after approval by all approving authorities and waiver of objection by all
objecting authorities, the Subdivider shall cause the final plat of Sarah Estates to be executed
and recorded, and shall provide City with evidence of recording.
e) Place and install monuments required by State Statute or City Ordinance,
SECTION II : PHASING
1 Subdivider and City agree that final platting and the installation of public and private improvements
described in Section 111 shall occur in one phase.
SECTION 111 : IMPROVEMENTS
Subdivider shall entirely at its expense:
A. ROADS AND STREETS:
1, Grade and improve all roads and streets in accordance with the plans and specifications approved
by the Public Works Committee on September 25, 2000 including off site improvements necessary
to provide such roads and streets, including grading and gravel, curb and gutter, and asphalt street
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improvements in Parkland Drive right-of-way necessary to connect the subdivision improvements to
existing Parkland Drive street improvements, as approved by the Director of Engineering and
Building and Public Works Committee as indicated in the plans and specifications dated April, 2000
and revised February 27, 2001 made a part hereof and on file with the Director of Engineering and
Building Department.
Restore any damage to existing pavement, curb, gutter, and landscaping which may result from
construction of subdivision improvements.
Reimburse the City for the cost of all street signs, street lights, traffic signs and posts, including the
cost of their installation.
Participate financially in the installation of traffic signals at Parkland Drive and Janesville Road
including any intersection redesign and reconstruction required, in accordance with plans and
specifications prepared by the City and I or Waukesha County Department of Transportation.
Subdividers responsibility shall be 10% of cost, which is based on an estimated construction cost of
$100,000. Subdivider shall maintain $10,000 of the Letter of Credit for Subdividers share of traffic
signalization costs, as determined by traffic studies prepared by City's consulting engineer An
additional $1,000 shall be maintained in the Letter of Credit for Subdivider's share of traffic studies
prepared by the City's consulting engineer, Said Letter of Credit balance may be drawn by City in
accordance with Section XIV of this Agreement.
STORM AND SURFACE WATER DRAINAGE AND MASTER GRADING PLAN:
Construct, install, furnish and provide facilities as approved by the Director of Engineering and
Building and Public Works Committee on September 25, 2000 for storm and surface water drainage
throughout the entire Subdivision, and a Master Grading Plan providing for sump pump discharge to
a tile or storm sewer system, all in accordance with the plans and specifications dated April 4 2000
and revised February 27. 2001, on file in the City Building and Engineering Department. The City
retains the right to require the Subdivider to install at its cost additional storm drainage and erosion
control measures prior to acceptance of improvements by the City of Muskego.
Grade and improve all lots in conformance with the Master Grading Plan as approved by the
Director of Engineering and Building and Public Works Committee on September 25, 2000 all in
accordance with the plans and specifications dated April 4 2000, and revised February 27, 2001, on
file in the City Building and Engineering Department. Restore with topsoil and seed. Establish
dense vegetation.
Clean all Storm Sewers prior to acceptance of improvements and the issuance of building permits
by the City.
Execute and record a Maintenance Agreement in the form attached hereto as approved by the
Director of Engineering and Building and Public Works Committee on February 26, 2001 relating to
privately owned storm water appurtenances, and provide proof of recording prior to sale of lots in
the Subdivision. Keep and maintain all storm sewers, retention or detention ponds, and surface
water drainage features which are outside of the rights-of-way in perpetuity, as provided for in the
Maintenance Agreement.
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Subdividers Agreement
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C. SANITARY SEWER:
1, Construct, install, furnish, and provide without cost to City, a complete sanitary sewage collection
system throughout the entire Subdivision, and including off site improvements necessary to provide
such system, as approved by the Director of Engineering and Building and the Public Utilities
Committee on September 26, 2000 all in accordance with the plans, specifications and drawings
dated April. 2000 and revised February 27, 2001, on file in the City Building and Engineering
Department.
2. Complete, to the satisfaction of the Director of Engineering and Building, any remaining punch list
items concerning the Sanitary Sewer System prior to the connection of any structure to the sanitary
sewer systems.
3. Televise the sanitary sewer system, repair any defects as determined by the Director of Engineering
and Building, 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 Construct, install, furnish, and provide without cost to City, a complete system of water supply and
distribution, including off site improvements necessary to provide such system, throughout the entire
Subdivision, as approved by the Director of Engineering and Building and Public Utilities Committee
on September 26, 2000 and in accordance with the plans and specifications dated April, 2000 and
revised February 27, 2001, on file in the City Building and Engineering Department.
2. Apply for all necessary permits to use water from hydrants for construction permits, as may be e
required by the City.
3. Complete to the satisfaction of the City any punch list items concerning the water system prior to
connection of any building to the water system.
E. LANDSCAPING:
1 Preserve existing trees outside of the public right-of-way to the maximum extent possible, when
installing the Subdivision improvements. Replace trees on a 1.1 basis as required by the Land
Division Ordinance, in accordance with plans to be approved by the Plan Commission.
2. Remove and lawfully dispose of: (a) all old barns, outbuildings and structures; (b) destroyed trees,
brush, tree trunks, shrubs and other natural growth; (c) and all rubbish.
3. Plant street trees without cost to City in accordance with Section 18.60 of the Muskego Land
Division Ordinance and the adopted Urban Forestry Management Plan and Urban Forestry
Strategic Plan dated March 28, 2000 and adopted by the Common Council on July 11, 2000 and in
accordance with plans dated, March 2, 2001 as conditionally approved by the Planning Director and
Plan Commission on March 6, 2001 and on file in the City Building and Engineering Department.
4. Install plantings without cost to City within the 30 foot landscape planting easement adjacent to
plans dated March 2, 2001 as conditionally approved by the Planning Director and Plana
Woods Road in accordance with plans to be approved by the Plan Commission in accordance with
Commission on March 6, 2001 and on file in the City Building and Engineering Department.
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8 F EROSION CONTROL MEASURES:
1, Submit to the City, an application for a Land Disturbing Permit in accordance with the Erosion
Control Plan as approved in accordance with the requirements of Section 29.06 of the City's
Erosion Control Ordinance by the Director of Engineering and Building and Public Works Committee
on September 25, 2000 in accordance with the plans and specifications dated April. 2000 and
revised February 27, 20010n file in the City Building and Engineering Department.
2. Construct, install, furnish and provide without cost to City, a complete system of Erosion Control
Devices or measures in specified areas of the Subdivision, in accordance with the Erosion Control
Plan as approved by the Director of Engineering and Building and Public Works Committee on
September 25, 2000 in accordance with the plans and specifications dated April, 2000 and revised
February 27, 2001, on file in the City Building and Engineering Department. No construction or
grading can begin until said permit is issued by the City, and no grading shall occur without a two
(2) day notice to the City.
3. Install silt fencing in conformance with the approved Erosion Control Plan prior to the grading and
construction work. Such fences shall be maintained by the Subdivider until such time as vegetative
cover is established in the Subdivision. Install Mulching and seeding of all disturbed areas to
comply with Municipal Code Chapter 29.
4. Insure that each individual lot owner obtains a separate erosion control permit at any time that any
vegetation is disturbed, and insure that each individual lot owner is responsible for controlling
erosion on their subject lot. .
5. Maintain Fifteen Thousand Dollars ($15,000.00) in the Letter of Credit, to be retained until adequate
vegetation is established as determined by the Director of Engineering and Building. A reduction of
fifty percent (50%) of the Fifteen Thousand Dollars ($15,000.00) portion of the Letter of Credit is
allowable upon verification that fifty percent (50%) of disturbed areas are vegetated. If, upon a
written notification by the Director of Engineering and Building or Building Inspection Department of
non-compliance of Chapter 29, the terms are not corrected within five (5) days, the City may utilize
the Fifteen Thousand Dollars($15,000.00) portion of the Letter of Credit to correct the terms of non-
conformance.
G. RECREATION TRAILS:
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Construct, install, furnish, and provide without cost to City, a complete recreation trail along the
east right-of-way line of Parkland Drive within the plat, and connecting to the existing recreation
trails outside of the plat, being located along the north plat line at the intersection of Parkland Drive
and Wisconsin Electric Power Company utility right of way including off site improvements
necessary to provide such system, as approved by the Director of Engineering and Building, the
Park Board on March 5, 2001, and the Public Works Committee on September 25, 2000 all in
accordance with the plans, specifications and drawings dated April 4 2000, and revised February
27, 2001 on file in the City Building and Engineering Department.
Maintain Twenty Thousand Dollars ($20,000.00) in the Letter of Credit, to be retained until such
time as a recreation trail is installed on Woods Road abutting the plat, as determined by the Director
of Engineering and Building. The City shall utilize the Twenty Thousand Dollars ($20,000.00)
portion of the Letter of Credit to install said recreation trails upon the completion of Woods Road
reconstruction. If the cost of installing said recreation trails exceeds the Letter of Credit line item,
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City shall draw the entire balance of the line item and shall bill Subdivider for costs in excess of the
Twenty Thousand Dollars ($20,000.00) portion All such bills shall be paid within 30 days of receipt. a
SECTION IV : TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section Ill, except for off site improvements at the intersection of
Parkland Drive and Janesville Road as described in Section lll(A)(4) to be completed by others, and
except for final surface course of pavement, and Woods Road recreation trial as described herein, shall
be 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. The final surface course of pavement may be deferred
until ninety percent (90%) of the homes have been completed, or 36 months after the installation of the
first lift of asphalt, whichever comes first.
If the final surface course of pavement, reconstruction of the Parkland Drive / Janesville Road
intersection, and Woods Road recreation trial, 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 surface course of pavement, and reconstruction of the Parkland Drive / Janesville
Road intersection are completed.
If the City receives notice of the intention to terminate the Letter of Credit prior to completion of the final
surface course pavement, Parkland Drive / Janesville Road intersection reconstruction, and Woods
Road recreation trail, 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.
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SECTION V : AS-BUILT CONSTRUCTION PLANS
Subdivider authorizes the City to prepare all necessary as-built construction plans for improvements to
be dedicated to the City. Subdivider agrees to reimburse City for all costs incurred in the preparation
and distribution of as-built data, including collection of data, revisions to construction documents and
upload of data to City's Geographic Information System, and City may utilize Subdivider's Developers
Deposit account for all charges related hereto. i
SECTION VI : DEDICATION AND ACCEPTANCE OF IMPROVEMENTS
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! 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 streets, recreation trails, sanitary sewers, watermains. storm water drainage facilities
(excluding those facilities which are to be owned and maintained by Owners Associations) to the City, it
successors and assigns, forever, free and clear of all encumbrances whatever together with and
including, without limitation because of enumeration, any 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. The City will be receptive to the dedications of improvements, except private storm
water drainage facilities, after the first lift of bituminous concrete pavement has been installed, when all
said utilities have been completed and approved by the City Engineers and other agencies as
applicable.
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Dedication shall not constitute acceptance of any improvement by the City. The City shall not accept
the dedication of any improvements which do not fully comply with City standards and specifications. ' Claims of financial hardship by the Subdivider shall not be considered a reason for the City to accept
substandard materials or work.
At such time as all improvements are completed and acceptable as called for under this Agreement,
and all approvals have been received from regulatory agencies, such improvements shall be accepted
by the City by separate Resolution. The Resolution of Acceptance shall be recorded with the
Waukesha County Register of Deeds.
The City shall have the right to connect to or integrate other utility facilities with the improvements
provided herein without payment, award, or consent required of the Subdivider,
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I SECTION VII: INSPECTION 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 Land Division Ordinance and Ordinance No. 909, and at times specified
herein, but in any event, no later than thirty (30) days after billing, all fees, expenses and disbursements
which shall be incurred by the City prior to and following the date hereof in connection with or relative to
the construction, installation, dedication and acceptance of the improvements covered by Section 11,
including without limitation by reason of enumeration, design, engineering, preparing, checking and
review of designs, plans and specifications, supervision, inspection to insure that construction is in
compliance with the applicable plans, specifications, regulations and ordinances; legal, administrative
and fiscal work undertaken to assure and implement such compliance. Failure to pay or reimburse the
City in a timely manner may cause the City to cease all construction inspections until such time as all
anticipated or outstanding inspection and administration fees have been satisfied.
SECTION Vlll : MISCELLANEOUS REQUIREMENTS
The Subdivider shall:
1 Easements: Provide any easements on Subdivider's land deeded necessary by the Director of
Engineering and Buildings prior to the Final Plat being signed, provided such easements are along
lot lines or to the rear of the lots and are not any more restrictive to the building of homes beyond
the applicable side yard and offset distances required by the zoning for such lots.
2. Manner of Performance: Cause all construction called for by this Agreement to be carried out and
performed in a good and workmanlike manner
3. Municipal Codes and Ordinances: 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 IX : GUARANTEES:
The Subdivider shall guarantee the public roads and streets, recreation trails, sanitary sewers,
watermains. surface water drainage improvements and all other improvements described in Section Ill,
against defects due to faulty materials or workmanship provided that such defects appear within a
period of one (1) year from the date of acceptance. The Subdivider shall pay for any damages to City
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property resulting from such faulty materials or workmanship. This guarantee shall not be a bar to any
action the City might have for negligent workmanship or materials. Wisconsin law on negligence shall
govern such situation.
SECTION X : 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.
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, including attorney's fees arising out of or resulting from the
performance of the Work, providing that any such claim, damage, loss, or expense (i) is
attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of
tangible property (other than the Work itself) including the loss of use resulting therefrom,
and (ii) is caused in whole or in part by any negligent act or omission of the Subdivider, its
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 e
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 indemnification is sought, and if
requested to do so by Subdivider's insurance carrier, the City shall tender the defense of
such claims to the Subdivider's insurance carrier In any and all claims against the City, its
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 by or for the Subdivider, its officers,
agents, independent contractors, employees under Workers' Compensation Acts, disability
benefit acts, or other employee benefit acts.
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 and its officers, agents, independent contractors, and employees harmless
from any claims, judgments, damages, penalties, fines, costs, or loss (including reasonable
fees for attorneys, consultants, and experts) 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
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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 Subdivider of the discovery of any
contamination or of any facts or circumstances that reasonably indicate that such
contamination may exist in or on the real property. Upon receipt of notice from the City or
other entities, Subdivider shall investigate and rectify conditions which indicate the presence
of or suspected presence of contamination on the subject property as identified by local,
state, or federal agencies in order to comply with applicable laws.
d) Subdivider shall, at its expense, obtain and carry comprehensive general liability insurance
with combined single limits of at least One Million Dollars ($1,000.000.00) for one person
and at least Five Million Dollars ($5,000,000.00) per occurrence, and at least One Million
Dollars ($1,000.000.00) property damage (or such higher amounts as the City shall from
time to time deem reasonable). Such policy shall cover both Subdivider and the City and its
agents, employees, and officials, and all insurers shall agree not to cancel or change the
same without at least thirty (30) days written notice to the City. A certificate of Subdivider's
insurance shall be furnished to the City upon execution of this Agreement. Each such policy
shall provide that no act or default of any person other than the City or its agents shall
render the policy void as to the City or effect the City's right to recover thereon. e SECTION XI. 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 XI1 : CONSTRUCTION PERMITS, ETC ...
The CITY shall, within its authority:
1 Issue such permits, adopt such resolutions, and execute such documents as may be necessary to
permit the Subdivider to construct the improvements in accordance with the plans and specifications
called for by this agreement, upon Subdivider's compliance with any deposit provisions or other
requirements of the applicable ordinances or regulations.
2. Furnish the Subdivider such permits or easements as may be required to enter upon and install the
previous described improvements in any public street or public property.
3. Cooperate with the Subdivider in obtaining similar permits, resolutions and documents as may be
necessary from other authorities having jurisdiction in the premises.
e 4. Make available to the Subdivider or their nominee successors or assigns, permits for the
construction of single family residences subject to the provision of Section XIII.
Page 10
Sarah Estates
Sutdiiders Agreement
DRAFT 03/MV2001
SECTION Xlll : BUILDING AND OCCUPANCY PERMITS:
It is expressly understood and agreed that no building permits or occupancy permits shall be issued for
any homes until the Director of Engineering and Building has determined that:
1, The sanitary sewer, water and surface water drainage facilities required to serve such homes
are connected with an operational system as required herein, and installation of the bituminous
concrete base course pavement has been properly installed, and
2. Video tape of sanitary sewer system has been furnished to the Director of Engineering and
Building, and
3. Certification is provided to the Director of Engineering and Building by a Registered Land
Surveyor that all lot grades conform to the Master Grading Plan, and
4. Negative balance in Developer's Deposit is satisfied unless otherwise authorized by the
Planning Director,
SECTION XIV. FINANCIAL GUARANTEES:
1 LETTER OF CREDIT: Concurrent with 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 and Finance Committee on , 2001 in the amount of $894.561.50 as a guarantee
that the required plans, improvements, and improvements 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 obligations to the a
subcontractors for work on the Subdivision are satisfied.
a) 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.
b) Reduction Of Letter Of Credit Balance: The Subdivider shall provide Director of Engineering and
Building with a written request accompanied by: invoices for work completed for which a
release is being requested, breakdown of invoices in the format of the Public Improvement Cost
Breakdown form, and signed original lien waivers for all work which is subject of release
request. The Director of Engineering and Building will process all requests in accordance with
policies adopted by the Finance Committee, as may be amended from time to time.
c) Draw for Parkland Drive / Janesville Road Intersection Improvements: Upon receipt of bids for
the reconstruction of the Parkland Drive / Janesville Road intersection, City shall draw upon the
Letter of Credit for developers 10% share of said Improvements. If said share is less than the
$10,000 Letter of Credit line items for street reconstruction and traffic signalization, City shall
only draw funds sufficient to meet Subdivider's obligation to pay a 10% share. If said share
exceeds the $10,000 Letter of Credit line items, City shall draw the entire balance of the line
item and shall bill the Subdivider for costs in excess of $10,000. All such bills shall be paid
within 30 days of receipt.
d) Draw for Traffic Study. Upon City's final acceptance of the traffic study relating to the Parkland
Drive / Janesville Road intersection, City may draw upon the Letter of Credit for developers a
lO%_share. If said share is less than the $1,000 Letter of Credit line item, City shall only draw
funds sufficient to meet Subdivider's obligation to pay a 10% share. If said share exceeds the
Sarah Estates
Page 11
Subdividers Agreement
ORAFT 03lMV2w1
$1,000 Letter of Credit line item, City shall draw the entire balance of the line item and shall bill
Subdivider for costs in excess of $1,000. All such bills shall be paid within 30 days of receipt.
2. DEVELOPER'S DEPOSIT: The Subdivider shall maintain a $5000.00 balance in the Developets
Deposit. No reduction of the Letter of Credit balance shall be entertained until the Developer's
Deposit is satisfied unless othelwise authorized by the Common Council following a
recommendation of the Finance Committee.
3. PRESERVATION OF ASSESSMENT RIGHTS:
a) 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 consent to the installation by the City of all improvements required
by this Agreement and constitutes the Subdivider's waiver of notice and consent to all special
assessment proceedings as described in Sec. 66.60 (le), Wis. Statutes.
b) 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 . AMENDMENTS AND ASSIGNMENT:
Subdivider shall not assign this Agreement without the written consent of the City. The City and the
the Subdivider
Subdivider, by mutual consent, may amend this agreement, by written agreement between the City and
Page 12
Sarah Estates
Subdividers Agreement
DRAFT 03/08R001
SECTION XVll : PARTIES TO THE AGREEMENT a IN WITNESS HEREOF, Subdivider has caused this Agreement to be signed by its appropriate
officers and their seals to be hereunto affixed in duplicate original counterparts on the date and year
first written above.
A. Sarah Estates LLC
By:
Wayne E. Wegenke, Managing Member
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this day of ,2001 Wayne E. Wegenke, Managing
Member of Sarah Estates LLC, to me known to be the person who executed the foregoing instrument
and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
IN WITNESS HEREOF, Citv has caused this Agreement to be signed by its appropriate officers and
their seals to be hereunto affixed in duplicate original counterpais on the date~and year first written
above. e
B. CITY OF MUSKEGO:
BY:
David L. DeAngelis, Mayor
BY:
Jean K. Marenda, City CleMreasurer
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this day of , 2001, the above named David L.
DeAngelis, Mayor, and Jean K. Marenda, City CleWreasurer, of the City of Muskego. to me known to
be the persons executed the foregoing instrument, and to me known to be such Mayor and City
CleMreasurer of said municipal corporation, and acknowledged that they executed the foregoing
instrument as such officers as the deed of said municipal corporation by its authority and pursuant to
the authorization by the Common Council from their meeting on the - day of -, 2001
Notary Public-State of Wisconsin
My Commission Expires e
Page 13
Sarah Estates
Subdividers Agreement
DRAFT 03/W031
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Subdivider's Agreement for Sarah
Estates Subdivision, Muskego, Wisconsin, as entered into on the - day of ,2001, by
and between Sarah Estates LLC and the City Of Muskego, pursuant to the authorization by the
Common Council from their meeting on the __ day of -I 2001
BY THE COMMON COUNCIL
Jean K. Marenda,
SUBSCRIBED AND SWORN TO BEFORE ME
this- day of ,2001,
My commission expires
FpLIC IMPROVEMENT COST BREAKDOWN
SARAEI ESTATES
LElTER OF CREDIT
#I ROAD CONSTRUCTION
a. Excavation to subgrade
b. Stone base material
c. Bituminous base course pavement
d. Bituminous surface course pavement
e. Concrete pavement
f. Woods Road Crossing
g. Engineering Inspections
#2 SITE GRADING-LANDSCAPING
a. Lot grading
b. Drainage ditch construction
c. Retention pond construction
d. Parking area construction-incl pavement
e. Tree & shrub platings
f. Landscaping as specified by City-Woods Rd.
g. Erosion control
h. Engineering Inspections
#3 TOPSOIL, SEEDINGISODDING
a. Road ditch area
b. Terrace areas - in ROW
c. Drainage ditches
d. Retention ponds
e. Areas as specified by City
f. Engineering Inspections
#4 CONCRETE IMPROVEMENTS
a. Curb & Gutter
b. Bike Path
c. Bike Path- Woods Rd.
d. Ditch inverts
e. Engineering Inspections
f. Interim Inlets
Beg. Bal ADJ. BAL.
$78,800.00 $78,800.00
$36,500.00 $36,500.00
$58,000.00 $58,000.00
$24,500.00 $24,500.00
$0.00 $0.00
$10,000.00 $10,000.00
$6,000.00 $6,000.00
$213,800.00 $0.00 $213,800.00
$91,000.00 $91,000.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$25,000.00 $25,000.00
$5,000.00 $5,000.00
$5,000.00 $5,000.00
$4,500.00 $4,500.00
$130,500.00 $0.00 $130,500.00
$46,100.00 $46,100.00
$0.00 $0.00
$0.00 $0.00
$5,000.00 $5,000.00
$0.00 $0.00
$2,000.00 $2,000.00
$53,100.00 $0.00 $53,100.00
$34,000.00 $34,000.00
$12,000.00 $12,000.00
$20,000.00 $20,000.00
$0.00 $0.00
$3,500.00 $3,500.00
$5,100.00 $5,100.00
$74,600.00 $0.00 $74,600.00
.
Beg. Bal ADJ. BAL.
#5 SANITARY SEWER SYSTEM
a. Mains,risers & Manholes
b. Laterals
c. Dumping station & Generator
d. Force main
e. Grinder pumps &chamber-indiv dwelling
f. Engineering Inspections
#6 WATER MARd SYSTEM
a. Mains, valves & manholes
b. Hydrants & leads
c. Water services
d. Well & pumphouse
e. Engineering Inspections
#7 STORM SEWER SYSTEM
a. Mains & manholes
b. Catch basins & leads
c. Culverts
d. Drain tile
e. Headwallsldischarge smctures
f. Engineering Inspections
#8 SPECIAUMISC IMPROVEMENTS
a. Street lights
b. Street signs
c. Signs as specified by City
d. Erosion ControlNegetation Retainage
e. Parkland & Janesville Signalization
#9 FEES
a. City administration
b. Eng. inspections (req for all LOC)
c. Engineenng-as built drawings for wls
d. Legal
e. Land acquisition
f. Other
TOTAL PROJECT ESTIMATE
LETTER OF CREDIT AMOUNT
$107,775.00 $107,775.00
$22,339.50 $22,339.50
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$8,600.00 $8,600.00
$138.714.50 $0.00 $138,714.50
$69,95 1.00 $69.95 1.00
$16,450.00 $16,450.00
$18,533.00 $18.533.00
$0.00 $0.00
$5,900.00 $5,900.00
$1 10,834.00 $0.00 $1 10,834.00
$61,033.50 $61,033.50
$42,470.00 $42,470.00
$0.00 $0.00
$20.524.50 $20,52450
$1,407.00 $1,407.00
$7,000.00 $7,000.00
$1,878.00 $1,878.00
$134,313.00 $0.00 $134,313.00
$3,100.00 $3,100.00
$900.00 $900.00
$0.00 $0.00
$15,000.00 $15,000.00
$I 1,000.00 $1 1,000.00
$30,000.00 $0.00 $30,000.00
$1,000.00 $1,000.00
$0.00 $0.00
$6,200.00 $6,200.00
$1,500.00 $1,500.00
$0.00 $0.00
$0.00 $0.00
$8,700.00 $0.00 $8,700.00
$894,561 SO $0.00 $894,561 SO
Engineering**Total engineering Costs included in total Project Estimare** $43,700.00
2626795614;# 1/ 5
Fax Cover Sheet
DATE: 3nm
TO: Brian Turk
FROM John Eggett
PHONE 679-4136
FAX: 678-5614
PHONE 65C-2052 X 231
Fm 650-2055
RE SARAH ESTATES, LLC
cc:
Number of pages including cover sheet: 2
Message
necessarily the final vcrbage nor is this our commitment to provide n LcUcr orCrcdir. We have been
Brim: As we discussed. here is a DRAFT copy ora LMer of Credit for SJnh Emtcs LLC. This is not
working with Sarah Wes for several months and expect to finalize our commitment in the next several
days. You have indicakd you need his draft copy in order tu got Ihcm (m hc Cily's agenda Tor Ihc HCAI
meuting, lhcreby saving time.
Brim, I would also hsk that you provide a written mment hy the City to an usrignmcnl olthc Subdivider's
AgrecmcnL RII dlcd for in Section XVI. Wc aqk for nn usrignmcnt M we CM step in the developer's place
10 finish the project if they are unablc to do SO.
Please call with my qumdons. 'Thank you for yuur holp.
.fFm RY
0
0
0
IUlfi! Marshall 111 llsley Bank
1-44 ad HWY J/pO Box 355maukesha. WI 53187M55iTe1262 549-9292 www.mibonk.com
Credit No. (TEA) Amount: $894.561.50
Date
kolicant Sarah Estates. LLC ..
12338 W. Lason Avenue
Greenfield. WI 53228
Beneficiary: City of Muskego
Post Oftice Box 749
W182 S8200 Racine Avenue
Muskego, Wl 53150-0749
D.RAFT
Dear Sir:
We hereby issue this irrevocable documentary credit in your favor, which is
available by beneficiary's draft($) at sight drawn on M&l Marshall & llsley Bank.
Each draft's accompanying documents must state "Drawn Under M&l Marshall &
llsley Bank, Documentary Credit No. ITBA) .
This Standby Credit is to provide a guarantee to the City of Muskego for the
performance of Applicant's obligations under that certain agreement
dated I- between the Ci of Muskego and Applicant.
DRAFIS ARE TO BE ACCOMPANIED By:
A statement signed by the Mayor of the City of M ego stating that Applicant
has failed to complete the construction of bdivision improvements in
accordance with said Agreement or othewise with the obligations of the
Agreement. Said statement shall set forth the estimated amount necessary for
the City of Muskego to complete such improvements or otherwise comply with
the obligations of the Agreement.
SPECIAL CONDITIONS:
This Standby Credit will terminate on the - day of
provided, however, M&l Marshall & llsley Bank shall give written notice to the
beneficiary of its intention to terminate this standby credit at ninety (90) days prior
to the - day of P- . After said date, this letter of credit can
only terminate upon ninety (90) days written notice to the beneficiaty
Continued on Page Two (2) which is an integral part of this Standby Credit.
f CDFnP-Y
B-
SENT BY 3- 7- 1 , 5:08PM ; M&l EM HWY J- 2626795614.# 3/ 3
Page 2, an integral part of Standby Credit No. (TBA) .
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
manner to require M81 Marsh,all & llsley Bank to inquire into its terms and
obligations.
We encourage with you that drafts drawn under and in compliance with the terms
of this credit will be duly honored if presented on or before the expiration date.
This original Standby Credit must be submitted to us together with any drawings
hereunder for our endorsement of any payments effected by us and/or for
cancellation.
a
Very truly yours, M&l Marshall 8 llsley Bank
John F. Egged
Senior Vice President
DRAFT
RES01
AMENDED
.UTION #P.C. 0182-2001
RECOMMENDATION OF APPROVAL OF A FINAL PLAT AND OPD ZONING
FOR THE SARAH ESTATES SUBDIVISION BY BOARDWALK
DEVELOPMENT, LOCATED IN THE NW 'A OF SECTION 15
WHEREAS, A Final Plat was submitted by Boardwalk Development dba Sarah
Estates LLC for Sarah Estates, for property located in the NW 'A of Section 15,
being generally located north of Woods Road, andsouth of the Deer Creek plat
on January 20,2001. and revised March 5,2001and
WHEREAS, Said plat consists of approximately 16.4 acres, and proposes 26
single family residential lots, and one outlot encompassing approximately 2.4
acres, and
WHEREAS, Said property is currently zoned RS-2, Suburban Residence District
and the petitioner proposes to rezone the property to RS-2/0PD. Suburban
Residence District as modified by the Planned Development District, to permit up
to a 10% flexibility in lot area and lot width, and
WHEREAS, Said Final Plat conforms to the zoning designations of RS-2,
Suburban Residence District with OPD Planned Development Overlay, and
WHEREAS, Said OPD Planned Development Overlay zoning district is intended
to foster sound planning and affords the developer to vary lot area, width,
setback and offset requirements provided that the net density is maintained
within the boundaries of the Final Plat without specific compliance to the
underlying zoning district regulations that would otherwise be applicable to each
lot, and
0
WHEREAS, The 2010 Comprehensive Plan depicts this area for medium density
residential development, and the proposed plat is consistent with the Plan, and
WHEREAS, Said parcels will be serviced by City sanitary sewer and water, and
WHEREAS, Access to Woods Road is subject to City approval, and
WHEREAS, Access to Parkland Drive is subject to City approval, and
WHEREAS, "Previously converted" wetlands were illustrated on the Preliminary
Plat which indicates that these wetlands are not regulated, and not required to be
illustrated on the Final Plat, and
WHEREAS, Parkland Drive has been previously dedicated and is proposed to be
re-platted with this Final Plat, and
WHEREAS, The previous configuration of Parkland Drive is
-, and
8 illustrated on the Plat and will be vacated through the platting-
The farm's accessory structures remaininq on the undatted land exceed the area
requirements of the municipal code, and the Plan Commission has Dreviously
directed staff to review the adequacy of the accessory structure ordinance, and
WHEREAS, The building setback lines and soil borings are wquwdbb
illustrated on the Plain.
WHEREAS, A 30 foot wide planting easement abutting Woods Road
tebillustrated on the Final Plat, and detailed landscapinq plans were submitted
on March 5,2001-, and
.. , and
WHEREAS, Street Tree plans were submitted on March 5, 2001, and
WHEREAS, The Park Board has recommended that recreation trails be installed
along Woods Road and Parkland Drive, and this requirement will be outlined in
the Developer's Agreement with the City.
BE IT FURTHER RESOLVED, That the Plan Commission recommends approval
to the Common Council of a Final Plat for the Sarah Estates Subdivision by
Boardwalk Development, dba Sarah Estates LLC, located in the NW 'A of I
Section 15.
BE IT FURTHER RESOLVED, That the Plan Commission recommends approval
of the proposal to rezone the property to RS9/0PD. Suburban Residence
District as modified by the Planned Development District.
BE IT FURTHER RESOLVED, The Plan Commission recommends that direct
access to Woods Road be prohibited.
BE IT FURTHER RESOLVED, The Plan Commission recommends that direct
access be prohibited to Parkland Drive for Lot Numbers 5.6, 14, 17, 20. and 21,
and said notation chetWbe killustrated on the Final Plat.
BE IT FURTHER RESOLVED, That this approval is subject to resolution of
technical discrepancies as identified by this resolution and the reports of the City
Planning Director and City Engineers, and payment of all applicable fees
required by the Muskego Municipal Code, and outstanding assessments if
applicable.
BE IT FURTHER RESOLVED, That under the auspices of the OPD Planned
Development zoning overlay district, the Plan Commission recommends approval
of the lot widths and lot sizes as illustrated on the Final Plat.
BE IT FURTHER RESOLVED, That under the auspices of the OPD Planned
Development zoning overlay district, the Plan Commission recommends approval
of the following minimum setback requirements for residential lots: Street Yards :
40 foot setback; offset one side . 15 feet; offset all other sides . 20 feet, and all
minimum setback, offset, and setback lines s"=illustrated for each parcel
on the face of the Final Plat(s) in order to clearly delineate the buildable area of
each parcel.
BE IT FURTHER RESOLVED, That the e&bwkhg farm accessow structures on
the unplatted remant parcel are permitted to remain for a period not exceed
the lessor of two years, or sale of any part of the remnant Darcel. The Plan
Commission may review this provision followinq any revision to the accessorv
structure Section of the Zonina Code which may result in the parcels becominq
leaal and conforrnina. ~
..
BE IT FURTHER RESOLVED, That the Street Tree Plans submitted on March 5.
2001 are approved.
BE IT FURTHER RESOLVED, That prior to -receipt of the
City's siqnatures on the Final Plat, the Landscape Plans for the Woods Road
landscape buffer shall be amended and resubmitted with the followinq
corrections:
1. Newport Plum to be replaced with American Hiahbush Cranberrv.
2. Southern Gentleman Winterberrv to be replaced with Serviceberw-
BE IT FURTHER RESOLVED, That prior to or concurrent with Final Plat
approval the Subdivider shall enter into a Developers Agreement and shall
tender a Letter of Credit for all required improvements.
BE IT FURTHER RESOLVED, That aUdeed restrictions and protective
covenants as submitted on Februaw 22, 2001 shall be revised prior to receipt of
City siqnatures on 1 the
Final Plat, and resubmitted with the followinq corrections:
..
1. Section 2.4. shall require 40 foot setbacks in all street yards
2. Section 2.9 shall delete references to independent qarbaqe pickup
3. Section 2.10 shall require qradinq in conformance with approved plans
4. Section 2.14 shall strike reference to the unofficial City tree
prior to occupancy
Plan Commission
City of Muskego
Adopted: March 6, 2001
Defeated:
Deferred: February 20,2001
Introduced: February 20, 2001
AlTEST. Sandi Asti, Recording Secretary