CCR2002134COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #134-2002
APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT AND
LElTER OF CREDIT
Candlewood Creek Subdivision
WHEREAS, A Final Plat was submitted for Candlewood Creek Subdivision located in the NE %
and NW 1/4 of Section 11 to create 47 residential parcels and 6 outlots; and
WHEREAS, The Plan Commission has recommended approval through Resolution #P.C. 068-
2002; and
WHEREAS, The Subdivider's Agreement and Letter of Credit have been received for
Candlewood Creek 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
Candlewood Creek Subdivision, subject to approval of the City Engineer and all objecting and
approving agencies, receipt of all fees as provided in Section 18.14 of the Land Division
Ordinance and any special assessments which may be due, and the conditions outlined in
#P.C. 068-2002 being met.
BE IT FURTHER RESOLVED That the Subdivider's Agreement and Letter of Credit for
Candlewood Creek 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 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 (3-112" 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.
DATEDTHIS 25th DAY OF June ,2002.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Rick Petfalski
Ald. David J. Sanders
Ald. Nancy C. Salentine
This is to certify that this is a true and accurate copy of Resolution #134-2002 which was
adopted by the Common Council of the City of Muskego.
6/02jmb
City of Muskego
Plan Commission Supplement PC 068-2002
For the meeting of: June 18, 2002
REQUEST Final Plat, Candlewood Creek
Tax Key No. 2201.994 and 2201.994.001
NE % and NW 'A of Section 11
PETITIONER: Towne Realty; Candlewood Creek LLC
INTRODUCED: Brian Turk
LAST AGENDA: N I A
PREPARED BY: Brian Turk
BACKGROUND PC 068-2002
the Preliminary Plat by Resolution #PC 104-2000 on June 6, 2000. A copy of the Plat is enclosed.
Petitioner proposes a residential subdivision consisting of 47 Parcels and 6 Outlots. Plan Commission approved
PLAN CONSISTENCY PC 068-2002
Comprehensive Plan: The 2010 Plan depicts the area for medium density residential development.
The proposal is consistent with the Plan.
is zoned RS-2 Suburban Residence District, requiring 20,000
.. .
Zoning: square foot parcels with a minimum average width of 110 feet. All parcels
confirm to the District reauirements. ~ ~~~~~
'/The 2001-2005 Plan does not depict anv acauisitions in the area. The Plan
.~ ..~ ~~~~ ~~~ I
, Trails. The Moorland Road trail is being installed by the City in conjunction with
does identify Woods Road and Moorland Road as having future Recreation
Park and Open Space Plan: the 2002 road program. The Woods Road trail from Moorland Road to Kathryn
Drive is to be installed by the petitioner and is a requirement of the Subdivider's
Agreement. The Park and Recreation Board affirmed these requirements at its
Mav 2002 meetina. I I~ ~~
-1The Plan .depicts Outlot 3 as a low priority manaaement area. As the1
I I
development 'is not proposed under 'the 'auspices of a 'Conservation
Conservatlon Plan:
Subdivision", the City can not impose the requirement. to have a recorded
Management Plan on file. However, the Plat does include significant
"Preservation Easements" (see Sheet 3) as required by the Wisconsin
Department of Natural Resources. These easement areas include substantial
restrictions (See notes on Sheet 4). The proposal is consistent with the Plan.
Moorland Road right-of-way has been previously dedicated to its ultimate width.
Street System Plan: Woods Road is dedicated to its ultimate width. The proposal is consistent with
the 2010 Street System Plan.
The Plat is served by municipal sanitary sewer and water service. The proposal
is consistent with the Plan.
r~ 0, Utility Service Areas:
STAFF DISCUSSION PC 066-2002
Staff initially had concerns that Parcels 18, 19. 25, 26. 41. and 42 were not provided with an adequate building
envelope due to Preservation Easement encumbrances. The petitioners have included building setback details on
Sheet 2 in order to clarify the size of the buildable area of each of these parcels.
Outlot 5 and Outlot 6 are to be retained by the petitioner for future phases of Candlewood Creek. The Plan
Commission approved a sketch land division for this addition by Resolution #PC 021-2001 on February 20, 2001
Stormwater management is accommodated in Outlots and addressed by a separate Stormwater Management Plan
and Retention Pond Maintenance Agreement. Both documents have been approved by the Public Works
Committee.
A separate Street Tree and Landscape Plan is required. Petitioner has submitted drafts for review by the City
Forester / Conservation Coordinator, Comments have been returned to petitioner, and revisions are pending. The
Resolution is drafted to require approval prior to issuance of Occupancy Permits for any residential structure,
including Model Homes as may be permitted by the Common Council.
Technical comments from the City's consulting engineers have been incorporated into the Preliminary Plat dated
June 6, 2002. No further revisions are recommended by staff.
0
STAFF RECOMMENDATION PC 068-2002
Approval of Resolution #PC 068-2002.
RESOLUTION #P.C. 068-2002
RECOMMENDATION OF APPROVAL OF A FINAL PLAT FOR THE
CANDLEWOOD CREEK SUBDIVISION BY TOWNE REALTY, d.b.a.
CANDLEWOOD CREEK LLC, LOCATED IN THE NE 114 AND NW % OF
SECTION 11 (TAX KEY NO. 2201.994 AND 2201.994.001)
WHEREAS, On April 29, 2002 a final plat was submitted by Towne Realty d.b.a
Candlewood Creek LLC for Candlewood Creek Subdivision located in the NE %
and NW % of Section 11 , and
WHEREAS. On June 6, 2002 a revised plat was received which addressed all
technical concerns , and
WHEREAS, Said plat consist of 77.86 acres and proposes 47 residential
parcels, ranging from 20,121 square feet to 63,803 square feet in size, and
WHEREAS, Said property is zoned RS-2 Suburban Residence District requiring
a minimum lot size of 20,000 square feet and an average minimum width of 110
feet, and said lots meet said minimum zoning requirements, and
WHEREAS, Said Final Plat substantially conforms to that of the Plan
Commission's previously approved preliminary plat, approved under Resolution
#P.C. 104-2000, on June 6, 2000, and 0
WHEREAS, The 2010 Comprehensive Plan depicts this area for medium density
residential development and this proposed final plat meets that goal, and
WHEREAS, Said parcels will be serviced by City sewer and water, and
WHEREAS, Wetlands and floodplains exist on the subject property, and
WHEREAS, Moorland Road and Woods Road have been dedicated to their
ultimate widths as depicted on then 2010 Street System Plan, and
WHEREAS, Recreation Trails are being constructed by the City within Moorland
Road right-of-way in conjunction with the 2002 Road Program, and said
improvements are consistent with the recommendations of the 2001-2005 Park
and Open Space Plan, and
WHEREAS, Recreation Trails are being constructed by the petitioner within the
Woods Road right-of way and said improvements are consistent with the
recommendations of the 2001-2005 Park and Open Space Plan, and
WHEREAS, Street Tree and Landscape Plans are required to be submitted by
the Petitioner and aDDrOVed bv the Plan Commission, and said Plans have not
@ been submitted in pioper form: and
WHEREAS, Stormwater Management Plans and Retention Pond Maintenance
Agreements have been approved by the Public Works Committee, and
WHEREAS, Subdividers Agreements have been prepared for Finance
Committee and Common Council approval concurrent with Final Plat approval,
and
THEREFORE BE IT RESOLVED, That the Plan Commission recommends
approval to the Common Council of a 77.86 acre, 47 parcel and 6 outlot, Final
Plat for the Candlewood Creek Subdivision by Towne Realty d.b.a. Candlewood
Creek LLC located in the NE % and NW % of Section 11 subject to resolution of
technical discrepancies as identified by the City Planning Department and City
Engineers, and payment of all applicable fees in Section 18.14 of the Land
Division Ordinance and outstanding assessments if applicable, establishment of
a Subdivider's Agreement and Letter of Credit.
BE IT FURTHER RESOLVED, That a digital '.DXF file or *.DWG file of this final
plat be submitted to the City prior to City signatures being placed upon the CSM
(3-112" 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 Street Tree and Landscape Plans are
required to be approved by the Plan Commission prior to release of Occupancy
Permits for any structure, including Model Homes as may be permitted by the
Common Council from time to time.
0
BE IT FURTHER RESOLVED. That Carity Land Corporation shall be responsible
for securing all necessary DNR and Army Corps. of Engineers permits prior to
the start of construction.
Plan Commission
City of Muskego
Adopted: June 18, 2002
Defeated:
Deferred:
Introduced: June 18, 2002
0 ATTEST. Kellie Renk, Recording Secretary
I CANDLEWOOD CREEK LLC - CITY OF MUSKEG0
CANDLEWOOD CREEK - SUBDIVIDER'S AGREEMENT
e This Agreement, made this - day of , 2002 by and between Candlewood Creek LLC (the
Waukesha County, (the "City").
"Subdivider") and the City of Muskego. a municipal corporation of the State of Wisconsin, located in
WITNESSETH
WHEREAS, the Subdivider has submitted for approval by the City a Final Plat for Candlewood Creek
Subdivision (the "Subdivision"), a part of the lands described as:
That part of the East % of the northwest % and the west % of the northeast 'A of Section 11, T5N RZOE, in the
City of Muskego, Waukesha County, Wisconsin, more particularly described as follows: Commencing at the
southwest corner of the northwest 'A of said Section 11; lhence N 87" 4821" E along the south line of the
northwest % of said Section 11, a distance of 1.343.95 feet to a point on the west line of the east ?4 of said
Section 11 and the point of beginning of this description; thence N 01" 10 13" W along the along the west line
of the east % of said Section 11, a distance of 430.66 feet; thence S 87" 48' 53 W 1.344.44 feet to a point on
the west line of said northwest % section; thence N 01" 14' 09" W along said west line 895.21 feet: thence N 87"
the northeast % of said northwest 'A section, 441.81 feet to the southwest corner of Rosewood Estates, a
51' 06 E 1.343.45 feet to the center of said northwest 'A section; thence N 01" 10 13 W along the west line of
subdivision of record as recorded in the Register of Deeds Office of Waukesha County: thence N 87" 52' 01" E
along the south line of said Rosewood Estates 1,345.95 feet to a point of intersection with the east line of the
northwest 5 of said Section 11 I thence N 87" 32' 00 E along the south line of said Rosewood Estates 274.92
feet to the centerline of Durham Drive; thence S 14' 57' 36 E along said center line 227.05 feet to a point;
thence southeasterly 94.61 feet along said centerline and the arc of a curve whose center lies to the southwest,
whose radius is 1,336.44 feet and whose chord bears south 12" 55' 55 E 94.59 feet to a point; thence S 10" 54'
14" E along said centerline 792.05 feet to a point of intersection with the center line of Woods Road as recorded
on CSM No. 7356, recorded as document number 1962737 in the Register of Deeds Office of Waukesha
09 W along the said center fine 719.34 feet , thence S 36" 20 21" W along said center line 408.54 feet to a
County; thence S 69" 31' 14 W along the center line of Woods Road 413.34 feet to a point; thence S 70" 01'
point on the south line of the northwest % of Said Section 11. thence S 87" 48 21" W along said south line
507.85 feet to the point of beginning.
the Final Plat@) 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 Candlewood Creek 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:
L
Candlewood Creek
Subdividers Agreement
SECTION I : PLAlTlNG
1. This Subdivider's Agreement addresses the development of 47 parcels platted for single family
residential use, and 6 Outlots platted for open space, stormwater retention purposes, and future
subdivision phases, all being under the Provisions of Chapters 17 and 18 of the Municipal Code, and
under the auspices of RS-2 Suburban Residence District zoning.
a) Single family parcels shall conform to the zoning requirements of RS-2 Suburban Residence
district, being a minimum of 20,000 square feet in area, 110 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) Outlots 1, 2, 3 and 4 shall be reserved for common open space and stormwater management
purposes, and shall be owned and maintained by an incorporated Owners' Association
established by Subdivider,
c) Outlots 5 and 6 shall be utilized for stormwater management purposes and shall remain in the
ownership of the Subdivider with the intent of future redivision. Stormwater management
appurtenances in said outlots shall be maintained by an incorporated Owners' Association
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 six (6) months of 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 six (6) months of approval by all .approving authorities and waiver of objection by all
objecting authorities, the Subdivider shall cause the final plat of Candlewood Creek 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.
Candlewood Creek
Subdividers Agreement
SECTION 111 : IMPROVEMENTS
0 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 March 28, 2002 including off site improvements necessary to
provide such roads and streets, including grading and gravel, curb and gutter, and asphalt street
improvements, as approved by the Director of Engineering and Building and Public Works
Committee as indicated in the plans and specifications dated on March 28, 2002 and on file with the
Engineering and Building Department.
2. Restore any damage to existing pavement, curb, gutter, and landscaping which may result from
construction of subdivision improvements.
3. Reimburse the City for the cost of all street signs, street lights, traffic signs and posts, including the
cost of their installation.
B. STORM AND SURFACE WATER DRAINAGE AND MASTER GRADING PLAN:
1 Construct, install, furnish and provide facilities as approved by the Director of Engineering and
Building and Public Works Committee on March 28, 2002 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 on March 28,
2002 and on file in the 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.
2. 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 March 28, 2002 all in accordance with
the plans and specifications dated on March 28, 2002 and on file in the City Building and
Engineering Department. Restore with topsoil and seed. Establish dense vegetation.
3. Clean all Storm Sewers prior to acceptance of improvements and the issuance of building permits by
the City.
4. 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 March 28, 2002 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.
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 March 28, 2002 all in accordance with the plans, specifications and drawings
dated on March 28, 2002 and file in the City Building and Engineering Department.
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Candlewood Creek
Subdividers Agreement
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. 0 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 lo 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, throughout the entire Subdivision, as approved by the Director of Engineering and
Building and Public Utilities Committee on March 28, 2002 and in accordance with the plans and
specifications dated on March 28, 2002 and 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
required by the City.
3. Complete lo 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 in accordance with plans to be approved by
the Plan Commission.
2. Remove and lawfully dispose of destroyed trees, brush, tree trunks, shrubs and other natural growth, e
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 to be approved by the Planning Director and Plan Commission prior to the release of
occupancy permits.
4. Install plantings without cost lo City within the 30 foot landscape planting easement adjacent to
Woods Road and Moorland Road in accordance with plans to be approved by the Plan Commission
in accordance with plans to be approved by the Planning Director and Plan Commission prior to the
release of occupancy permits.
F~ EROSION CONTROL MEASURES:
1 Submit to the City, an application for a Land Disturbing Permit in accordance with the Erosion
Control Ordinance' by the Director of Engineering and Building and Public Works Committee
Control Plan as approved in accordance with the requirements of Section 29.06 of the City's Erosion
on March 28, 2002 in accordance with the plans and specifications dated on March 28, 2002 and on
file in the Building and Engineering Department.
2. Construct, install, furnish and provide without cost to City, a complete system of Erosion Control
Plan as approved by the Director of Engineering and Building and Public Works Committee
Devices or measures in specified areas of the Subdivision, in accordance with the Erosion Control
on March 28, 2002 in accordance with the plans and specifications dated on March 28, 2002 and on
Candlewood Creek
Subdividers Agreemenl
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.
construction work. Such fences shall be maintained by the Subdivider until such time as vegetative
3. Install silt fencing in conformance with the approved Erosion Control Plan prior to the grading and
cover is established in the Subdivision. Install mulching and seeding of all disturbed areas to comply
with Municipal Code Chapter 29.
4. Ensure that each individual lot owner obtains a separate erosion control permit al 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 Sixty-Five Thousand Dollars ($65,000.00) 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 Sixty-Five Thousand Dollar ($65,000.00) 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 Sixty-Five Thousand Dollar ($65,000.00) portion of the Letter of Credit to correct
the terms of non-conformance.
G. RECREATION TRAILS:
1 Construct, install, furnish, and provide without cost to City, a complete recreation trail along the north
right-of-way line of Woods Road abutting the plat from Moorland Road to Kathryn Drive and
connecting to the recreation trails outside of the plat, being constructed in the Moorland Road righl-
of-way by the City in 2002-2003, as approved by the Director of Engineering and Building, the Park
the plans, specifications and drawings dated March 28. 2002, and on file in the City Building and
Board on May 13, 2002, and the Public Works Committee on March 28, 2002 all in accordance with
Engineering Department.
SECTION IV : TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section 111, except for final surface course of pavement 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, is 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 is completed.
If the City receives notice of the intention to terminate the Letter of Credit prior to completion of the final
surface course pavement, 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.
Page 6
Candlewood Creek
Subdividers Agreemenf
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.
SECTION VI : DEDICATION AND ACCEPTANCE OF IMPROVEMENTS
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, its
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.
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,
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 111,
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.
Candlewood Creek
Subdividers Agreement
-3-
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. MuniCiDal 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 111,
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 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
0 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 lo 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
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 deiense of
such claims to the Subdivider's insurance carrier In any and all claims against the City, its
Page 8
Candlewood Creek
Subdividers Agreement
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 I@
type of damages, compensation, or benefits payable by or lor 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 Ihe 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
contamination or of any facts or circumstances that reasonably indicate that such
receptor. The City agrees that it will immediately notify Subdivider of the discovery of any
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.
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 no1 release the Subdivider from completing
the work on the attached Exhibits.
Caidlewood Creek
Subdividers Agreemenl
SECTION XI1 : CONSTRUCTION PERMITS, ETC ....
0 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 wilh 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.
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.
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. Cerlification 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
It is expressly understood and agreed that no occupancy permits shall be issued for any homes until the
Planning Director has determined that:
5. Street Tree Plans as required by Section Ill E (3) of this Agreement have been approved
6. Landscape Plans as required by Section 111 E (4) of this Agreement have been approved.
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 June 25, 2002 in the amount of $ 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 subcontractors
for work on the Subdivision are satisfied.
L'andlewood Creek
Subdividers Agreement
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.
2. DEVELOPER'S DEPOSIT: The Subdivider shall maintain a $10,000.00 balance in the Developer's
Deposit. No reduction of the Letter of Credit balance shall be entertained until the Developer's
Deposit is satisfied unless otherwise 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 (18), 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: 0
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
Subdivider, by mutual consent, may amend this agreement, by written agreement between the City and
the Subdivider.
SECTION XV : NOTICES AND CORRESPONDENCE
Unless otherwise stated in this Agreement, the delivery of all notices and correspondence shall only be
effective upon being delivered personally, sent by prepaid United States Postal Service certified mail
with return receipt requested, sent by facsimile with transmission confirmation, or sent by electronic mail
with return receipt requested, to all parties as follows:
To City:
Planning Department
City of Muskego
PO9 749
W 182 S8200 Racine Avenue
Muskego, W I 531 50-0749
(262) 679-5614 facsimile
Planning@ci.muskego.wi.us
(262) 679-41 36
To Subdivider:
Towne Really, Inc.
Ann: William A. Wigchers
710 North Plankinton Ave
Milwaukee, WI 53203
(41 4) 274-2728 facsimile
bill.wigchers@Zilber.com
(414) 274-2486
All notices shall be considered to have been delivered at the time such notices are personally
delivered to each party, or three (3) days after the date of postmark on any prepaid certified
letter, facsimile transmission, or electronic mail.
Patties to this Agreement shall give fifteen (15) days notice of any change of mailing address,
telephone or facsimile number, or electronic mail address. Failure to provide said notice may
constitute a default by the party.
SECTION XVll : PARTIES TO THE AGREEMENT
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. CANDLEWOOD CREEK LLC
By:
Towne Realty, Inc., Member
, Vice President
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this - day of -, 2002, Vice President of Towne
Realty Inc. and Member of Candlewood Creek 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
Candlewood Creek Subdividers Agreemenl _J" .-
ORAFT 6/17/2002
IN WITNESS HEREOF, City 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.
B. CITY OF MUSKEGO:
BY:
Mark A. Slocomb, Mayor
BY:
Jean K. Marenda, City Clerk-Treasurer
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this __ day of -, 2002, the above named Mark A. Slocomb,
Mayor, and Jean K, Marenda, City Clerk-Treasurer 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 Clerk-
Treasurer 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 25th day of June, 2002.
Notary Public-State of Wisconsin
My Commission Expires
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Subdivider's Agreement for
Candlewood Creek Subdivision, Muskego, Wisconsin, as entered into on the day of
2002, by and between Candlewood Creek LLC and the City Of Muskego, pursuant to the authorization
by the Common Council from their meeting on the 25Ih day of June, 2002.
BY THE COMMON COUNCIL
Jean K. Marenda, City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
This day ,2002.
~~ My commission expires
This instrument drafted by Brian Turk, Director of Planning
City of Muskego
PO Box 749
Muskego, WI 53150
CANDLEWOOD CREEK
RETENTION POND MAINTENANCE AGREEMENT
This Agreement is made and entered into this day of , 2002, by
and between Candlewood Creek LLC, (hereinafter referred to as "Subdivider"), the
incorporated Candlewood Creek Homeowners Association (hereinafter the
"Association") and the City of Muskego. a Municipal Corporation located in the County 01
Waukesha and the State of Wisconsin, (hereinafter referred io as "City").
WITNESSETH:
WHEREAS, the Subdivider has submitted for approval by the City a Final Plat for
Candlewood Creek Subdivision (the "Subdivision"), being a part of the lands described
as:
That part of the East YZ of the northwest 'h and the west 'h of the northeast 'A of Section 11,
T5N R20E, in the City of Muskego. Waukesha County. Wisconsin, more particularly described
as follows: Commencing at the southwest corner of the northwest 'A of said Section 11;
thence N 87" 4821" E along the south line of the northwest 'h of said Section 11, a distance
of 133.95 feet to a point on the west line of the east YZ of said Section 11 and the point of
beginning of this description; thence N 01" 10 13 W along the along the west line of the east
YZ of said Section 11, a distance of 430.66 feet; thence S 87" 48' 53 W 1,344.44 feet to a
point on the west line of said northwest 'h section; thence N 01" 14 09 W along said west
line 895.21 feet; thence N 87" 51' 06" E 1,343.45 feet to the center of said northwest lA
section; thence N 01" 10 13 W along the west line of the northeast 5 of said northwest %
section. 441.81 feet to the southwest corner of Rosewood Estates. a subdivision of record as
the south line of said Rosewood Estates 1,345.95 feet to a point of intersection with the east
recorded in the Register of Deeds Office of Waukesha County; thence N 87" 52' 01" E along
line of the northwest % of said Section 11, thence N 87" 32 00 E along the south line of said
Rosewood Estates 274.92 feet to the centerline of Durham Drive; thence S 14" 57' 36 E
along said center line 227.05 feet to a point; thence southeasterly 94.61 feet along said
centerline and the arc of a curve whose center lies to the southwest, whose radius is 1.336.44
along said centerline 792.05 feet to a point of intersection with the center line of Woods Road
feet and whose chord bears south 12" 55' 55" E 94.59 feet to a point; thence S 10" 54' 14" E
as recorded on CSM No. 7356, recorded as document number 1962737 in the Register of
Deeds Office of Waukesha County; thence S 69" 31' 14" W along the center line of Woods
thence S 36" 20 21" W along said center line 408.54 feet to a point on the south line of the
Road 413.34 feet to a point; lhence S 70" 01' 09" W along the said center line 719.34 feet ,
the point of beginning.
northwest lh of Said Section 11; thence S 87" 48 21" W along said south line 507.85 feet to
Hereinafter referred to as the "Subdivision", and
WHEREAS, The City has approved the plat of Candlewood Creek and the construction
of storm water retention ponds within outlots on the Properly; and
WHEREAS, The Subdivider has received various City permits, Army Corps of Engineers
permits, and Wisconsin Department of Natural Resources permits hereinafter referred
to as DNR permiis to construct Candlewood Creek Subdivision; and
WHEREAS, Candlewood Creek Subdivision contains a navigable stream which is
directly upstream from Big Muskego Lake and Bass Bay, and the City and DNR has
expended great effort and expense to remove sediment and rough fish from Big
Muskego Lake; and
Candlewood Creek Retention Pond Maintenance Agreement
Paae 2
WHEREAS, the City and the DNR has established certain requirements for retention
ponds and storm water management to be constructed in Candlewood Creek
Subdivision to minimize flooding and sediment migration to the adjacent navigable
stream including Big Muskego Lake and adjacent wetlands and other tributary
properties and to prevent rough fish propagation and reintroduction into Big Muskego
Lake; and
WHEREAS, the Subdivider has established Candlewood Creek Homeowner's
Association consisting of the owners of Parcels 1-47 inclusive, hereinafter referred to as
the "Association", which shall become the owner of certain outlots upon recording of the
final plat and the Candlewood Creek Declarations of Protective Covenants. Upon
completion of the storm water retention ponds the Association shall be responsible for
the maintenance of the retention ponds constructed thereon: and
WHEREAS, the City intends to reserve the right to enforce the requirement that the
storm water retention pond areas are maintained in a manner consistent with DNR
requirements and with this agreement and the storm water management plan dated
March 28, 2002 on file in the offices of the City of Muskego Building Department as
required by the City of Muskego Storm Water Management ordinance;
NOW THEREFORE, in consideration of the mutual covenants and agreements.
IT IS AGREED, as follows:
1 The Association, unless otherwise provided for in the storm water management plan,
shall be responsible for maintenance of the storm water management measures.
2. The Association shall maintain the storm water management measures in
accordance with the approved storm water management plan dated March 28, 2002
on file in the offices of the City of Muskego Building Department as required by the
City of Muskego Storm water Management Ordinance.
3. The City of Muskego is authorized lo access the Properly to conduct inspections of
storm water practices as necessary to ascertain that the practices are being
maintained and operated in accordance with the approved storm water management
plan.
4. The Association, on an annual basis, shall provide maintenance of each storm water
management measure, including but not limited to, removal of debris, maintenance
of vegetative areas, maintenance of structural storm water management measures
and sediment removal.
5. Upon notification to the Association. by the City of Muskego, of maintenance
problems which require correction, the specified corrective actions shall be taken
within a reasonable time frame as set by the City of Muskego.
6. The City of Muskego is authorized to perform the corrective actions identified in the
inspection report if the Association does not make the required corrections in the
specified time period. The costs and expenses shall be entered on the tax roll as a
special charge or special assessment against Lots 1-47 inclusive on a pro-rata basis
and collected with any other taxes levied thereon for the year in which the work is
completed.
Candlewood Creek Retention Pond Maintenance Agreement
Page 3
7. The Subdivider shall deposit in a segregated account with the City five thousand
dollars ($5,000.00) to cover the estimated costs associated with the pond draw
downs necessary for the first five (5) years. Upon cornmencement of the sixth (6)
year, and continuing in each year thereafter, the City shall invoice the Candlewood
Creek Homeowner's Association in an amount sufficient to return the account
balance to one thousand dollars ($1,000.00). Said billing shall occur prior to
November 1 of each calendar year, to cover the costs associated with the pond draw
downs in the following year
0
8. Any annual costs in excess of the $1,000.00 account balance, and which are
associated with the retention pond draw downs, shall be billed to the Association.
Costs not paid shall be placed in equal amounts as a special assessment or special
charge on the tax bills for the residential lots. If the Homeowner's Association has
not been released by Subdivider upon commencement of the sixth (6) year, the
Subdivider shall deposit a minimum of one thousand dollars ($1,000.00) per year for
each year said incorporation does not occur, plus any additional costs as deemed
necessary by the City.
9. This document shall be recorded with the Waukesha County Register of Deeds and
shall be a covenant running with the land and binding upon all owners of said land.
IN WITNESS WHEREOF, 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.
0 A. CANDLEWOOD CREEK LLC
By:
Towne Realtv. Inc. Member I.
, Vice President
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY came before me this -
Towne Realty, Inc. and Managing Member of Candlewood Creek LLC, to me known to day of _, 2002, , Vice President of
be the person who executed the foregoing instrument and acknowledged the same.
Notary Public, Waukesha County, Wisconsin
My commission expires
Candlewood Creek
Retention Pond Maintenance Agreement
Page 4
IN WITNESS WHEREOF, the incorporated Candlewood Creek Home Owners
Association 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.
B. ASSOCIATION
0
By:
STATE OF WISC0NSIN)SS
WAUKESHA COUNTY 1
PERSONALLY came before me this day of ,2002,
and , to me known to be the persons who executed the foregoing
instrument and acknowledged the same.
Notary Public, Waukesha County, Wisconsin
My commission expires
Candlewood Creek
Retention Pond Maintenance Agreement
Page 5
IN WITNESS WHEREOF, City 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
City of Muskego
e
By:
Mark A. Slocomb, Mayor
By:
Jean K. Marenda. City ClerWreasurer
STATE OF WlSCONSlNjSS
WAUKESHA COUNTY )
Personally came before me this day of , 2002, the above
named Mark A. Slocomb, Mayor and Jean Marenda, City Clerureasurer, of the above-
named municipal corporation City of Muskego. to me known to be the persons executed
the foregoing instrument, and to me known to be such Mayor and City ClerWreasurer
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 25Ih
0 day of June, 2002
Notary Public, Waukesha County, Wisconsin
My commission expires
Candlewood Creek
Retention Pond Maintenance Agreement
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Retention Pond
Maintenance Agreement for Candlewood Creek Subdivision, Muskego, Wisconsin, as
entered into on this day of , 2002 by and between
Candlewood Creek LLC, the incorporated Candlewood Creek Home Owners
Association, and the City of Muskego, pursuant to the authorization by the Common
Council from their meeting on the 25th day of June, 2002.
BY THE COMMON COUNCIL
Jean K. Marenda, CMC
City ClerWreasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this day of ,2002.
Notary Public, Waukesha County, Wisconsin
My commission expires
CANDLEWOOD CREEK STORM WATER MANAGEMENT PLAN
a The City of Muskego Storm Water Management Ordinance requires the filing of
a storm water management plan and grading plan. The grading plan including
all hydraulic calculations together with storm sewer plans and appurtenant storm
water structures has been filed by the Subdivider's engineer with the City of
Muskego. Such information was utilized by the City of Muskego to evaluate the
environmental characteristics of the area affected by the land development
activity in Candlewood Creek, the potential impacts of the development upon the
quality and quantity of storm water discharges, the potential impacts upon water
resources and drainage systems and the effectiveness and acceptability of
proposed storm water management measures in meeting the performance
standards set forth in the storm water ordinance.
The intent of this storm water management plan is to set forth specific storm
water management measures to guide the Subdivider, the City of Muskego and
the Candlewood Creek Homeowner's Association regarding the management of
storm water in Candlewood Creek Subdivision. Storm water management
measures shall not be limited to those expressed in this plan which may be
expanded upon by the Wisconsin Department of Natural Resources, the City of
Muskego or any other party having jurisdiction. This plan shall be broken down
into three sections:
SECTION 1 - DUTIES AND RESPONSIBILITIES OF THE SUBDIVIDER
0 The Subdivider shall at its expense:
1 Create the above referenced grading plans, hydraulic calculations, storm
sewer, and drainage plans and after approval of same by the City of
Muskego file all such approved plans with the City.
2. The Subdivider shall improve the site by constructing said grading and
storm water conveyance systems together with all specified erosion
control measures including final stabilization of the site, all in accordance
with the Subdivider's Agreement and approved plans on file with the City.
3. The Subdivider shall construct storm water retention ponds to be
contained in the Outlots in Candlewood Creek. The Subdivider shall as-
built the finish grade of the ponds and provide the as-built plans to the City
and Candlewood Creek Homeowner's Association. The Subdivider shall
also provide a bench mark at each pond to be illustrated on the as-built
drawings.
4. The Subdivider upon completion of the above referenced improvements
shall convey by final plat and deed restrictions the improvements to
Candlewood Creek Homeowner's Association, which shall be responsible
for carrying out the storm water measures on an ongoing basis expressed
in this Pan. It is understood that private ownership and maintenance of
the storm water management improvements, including storm sewers 0
Stormwater Management Plan
Page 2 within Candlewood Creek Subdivision commences outside of City owned
rights-of-way. All improvements contained within the City owned rights-of-
way shall be the responsibility of the City to own and maintain.
SECTION 2 - DUTIES AND RESPONSIBILITIES OF THE CITY
The City of Muskego and the Department of Natural Resources (DNR) has
expended great effort and expense to remove sediment and rough fish from Big
Muskego Lake. The City and the DNR have established certain requirements for
retention pond and storm water management within Candlewood Creek
Subdivision to minimize flooding and sediment migration to the adjacent
navigable stream including Big Muskego Lake, adjacent wetlands, and other
tributaty properties, to prevent rough fish propagation and reintroduction into Big
Muskego Lake. To assure quality control the City of Muskego is willing to
administer an annual “draw down” of each retention pond that will result in
reducing the depth of the water during the cold months of the year This draw
down of the depth of the storm water ponds will freeze-out all fish resulting in a
rough fish free pond thereby minimizing the risk of reintroduction of rough fish
during flooding conditions into the navigable stream which is tributary to
Muskego Lake. The City shall also administer an annual inspection of the storm
water retention ponds to monitor any build-up of sedimentation on the floor of the
respective ponds.
Under Section 1, the Subdivider shall provide the City with an as-built drawing of
the ponds after construction together with a bench mark at each pond which data
shall become the basis for measurement of sediment build-up. The costs and
expenses for the City to provide these services shall be entered on the tax roll as
a special charge or special assessment against the Outlots which contain the
storm water retention ponds collected with any other taxes levied thereon for the
year in which the work is completed.
Set forth below, is an outline of the City’s responsibilities which has been agreed
to by the DNR:
1.
2.
City of Muskego shall administer draw down and inspect for sediment
build-up. Draw down of all retention ponds shall occur annually, generally
within the first two weeks of November. Draw down may only occur after
determination that sediment build-up will not be transported through the 4”
discharge pipe. If sediment build-up has occurred above the invert
elevation of the discharge pipe it must be removed prior to draw down.
Draw down gate valves shall be closed within one week of
commencement of the draw down.
Sediment build-up in ponds shall be determined on an annual basis and
shall be recorded in a log. Removal of sediment shall be administered by
the Homeowner’s Association according to Section 3.
Candlewood Creek
Stormwater Management Plan
Page 3
SECTION 3 - DUTIES AND RESPONSIBILITIES OF THE
0
CANDLEWOOD CREEK HOMEOWNER’S ASSOCIATION
An incorporated association of the owners of all single family lots in Candlewood
Creek has been created for the purposes of managing and controlling Common
Areas including the outlots which contain the storm water retention ponds. This
owner’s association is formally titled Candlewood Creek Homeowner’s
Association, and it is referred to herein as the Association.
The ownership and maintenance including all payment of associated costs for
the storm water retention ponds shall be the responsibility of the Association.
The guidelines set forth below shall not limit additional measures which may from
time to time be mandated by the City, DNR or any other party having jurisdiction:
1 The Association on an annual basis, shall provide maintenance of each
storm water retention pond, including but not limited to, removal of debris,
maintenance of vegetative areas, maintenance of storm water structures,
emergency overflows including rip rap and sediment removal.
2. According to Section 2 the City shall keep an annual log of the depth of
sediment in the floor of the storm water retention ponds. When sediment
build-up reaches 15”, the City shall notify the Association to remove the
sediment. The DNR has required that any pumping of sediment laden
water by contractors shall be filtered through a temporary sediment basin
appropriately sized prior to being discharged into the creek or wetlands.
3. The Association shall be responsible for water quality in the storm water 0
retention ponds including removal of weeds and algae control.
4. Upon notification to the Association, by the City of Muskego, of
maintenance problems which require correction, the specified corrective
actions shall be taken within a reasonable time frame as set by the City of
Muskego.
5. The City of Muskego is authorized to perform the corrective actions
identified in the inspection report if the Association does not make the
required corrections in the specified time period. The costs and expenses
shall be billed to the Association, and if unpaid, shall be entered on the
tax roll as a special assessment or special charge against the residential
Parcels in Candlewood Creek, collected with any other taxes levied
thereon for the year in which the work is completed.
THIS INSTRUMENT DRAFTED BY.
BRIAN D TURK
CITY OF MUSKEG0 PLANNING DEPARTMENT
W182 58200 RACINE AVENUE
MUSKEG0 WI 53150
Approved by Public Works Committee ,2002
G5'19/02 12,24 FAX 414 765 7788 WI BANK IhTL @l002/002
MPLICAWI: Candlewood Creek LE. c/o Tome Realty, 710 W PlaUkinEM Ave.. Miluaukse HI
53103
3smzIcIARY: city of Mlskego
P 0 Em 149
mlsa 50200 Racine AMnut
Muskeqo HI 53150-00749
AtCn: Brian Turk. city mqineer mar Sirs;
ne hcroby issue thla irrevocabla documentary credit in your favor. which ie available by senefieiayy~s draftis) at eight drawl 011 Che MI Marshall 6 Ilsley Bank. Each draft
accmpanymg doclmente muQt atate: ~'nravn under nc1 Marshall L Ilsloy Bank Standby Letter of Credit No. SB 61.58,.
This Standby Credit is to provide a guarantaa to the City of Mlskego for the performance of
tho Applicant's obligatione under that certain Agreement dated
Of PtdskegO d Che Applicant.
becvelm tho City
z)mS REB IO BE ACCOMPAIIIED BY:
A statement aigned by the Mayor of rhe City of Muskego stating that the Applicant
has failod to cenplete the cmetructicm of subdivieion improvemencn in accordance
with said Agreement or othenrise cqly with the obligacions of the RgreeInenc. said ocatement ahall set forth the estimated munt necessirry for the City of
nuskego to complete such improvements or otherwise c-ly with the ohligationa of
che Agreement.
SPECIAL COHDITIOXS:
*is Scandhy Credit will torminate on che
Marshall L Ilslsy Bank shall give written mtTe to the beneficiary of ita intention to
terminate thie etyldby credit ac ninety 1901 daye prior to the ' day Of
MtBr maid date, thio lecter of credit can mly terminata upon~mcy 1901 days written
notics to che beneficiary.
It is hereby agreed by all partiel hereto chat the reference to .Agreement* is for
iCencification prposon only and such reference shall mot he constmmd in any manner to
req-Jire !&I Marshall 6 Ilsley Baa* to inquire inm ita tsm and abligationo,
day Of , provided, the MLI
No mgage with you that drafts dram undm and in eanpliance with the terms of this credit will be duly h-ed if prasanted on or before Che eugiraticm date. this original Standby
rrpAlr mnmr ba muhitred to uo cmecher with any &arinqe hsraunder Lor mr endorsement Of """ -- .. " ~ ~
any payments affaccad by YO andlor for ca&llaiion.
MLI Marshall L Ilnley Bank
Authorizod 8ignacure/Title
S:intl\lo\misc\sbbl60.&=
pI;IBLIC IMPROVEMENT COST BREAKDOWN
CANDLEDWOOD CREEK LLC
#I ROAD CONSTRUCTION
a Excavation to subgrade
b. Stone base macerial
c. Bituminous base wurse pavement
d. Bituminous surface course pavement
e. Concrete pavement
f. other
g. Engineering Inspections
#2 SITE GRADING-LANDSCAPING
a Lotgradmg
b. Drainage ditch construction
c. Retention pond construction
d. Parking area construction-incl pavement
e. Tree & shrub plantings
f. Landscaping as specified by City
h. Engineering Inspections
g. Erosion wnbol
#3 TOPSOIL, SEEDINGISODDING
a Road ditch area
b. Terraceareas-inROW
d Retention ponds
e. Areas as specified by City
f. Engineering Inspections
#4 CONCRETE IMPROVEMENTS
a Curb&Gutter
b. Sidewalk-Bike Path
c. Blvd./&ic islands
d. Ditch inverts
e. Engineering Inspections
f. Interim Mew
Beg. Bal
40,000.00
45,000.00
65,000.00
35,000.00
0.00
4,500.00
0.00
189,500.00
168,000.00
0.00
70,000.00
0.00
50,000.00
0.00
12,000.00
4,500.00
304,500.00
0.00
9,000.00
0.00
32.000.00
0.00
2,500.00
43,500.00
50,000.00
20,000.00
0.00
0.00
5,100.00
8,000.00
83,100.00
Page 1 of 2
7 PlJEJLlC IMPROVEMENT COST BREAKDOWN
CANDLEDWOOD CREEK LL€
#5 SANITARY SEWER SYSTEM
a Mains.risers & Manholes
Beg. Bal
208,000.00
b. Laterals 40,000.00
c. Dumping station 99,000.00
d. Forcemain 18,000.00
e. Grinder pumps &chamber-indiv dwelling 0.00
f. Engineering Inspections 13,000.00
378,000.00
#6 WATER MAIN SYSTEM
b. Hydrants & leads
a. Mains, valves & manholes
c. Water services
d. Well & pumphouse
e. Engineering Inspections
#7 STORM SEWER SYSTEM
a Mains & manholes
b. Catch basins & leads
c. Culverts
e. Hefwallsldischarge structures
d. Drain tile
f. Engmeemg lnspechons
#8 SPECIAUMISC IMPROVEMENTS
a. Smt lights 3 @ 3,000
b. Street signs
c. Signs as specified by City
d. Erosion ControWegetation Retainage
#9 FEES
a. City administration
b. Eng. inspections (req for all LOC)
c. Engineering-as built drawings for w/s
d. Legal
e. Land Ag Use Penalty
TOTAL PROJECT ESTIMATE
0 LEER OF CREDIT AMOUNT
ENGINEERING**Total mgin&Llg costs
included in Total Project Estimate"
127,000.00
28,000.00
37,000.00
0.00
6,800.00
198.800.00
236,000.00
28,000.00
0.00
0.00
49,000.00
7,800.00
320,800.00
9,000.00
1,125.00
500.00
65,000.00
75,625.00
3,500.00
0.00
16,000.00
2,000.00
6,500.00
28.000.00
1,621,825.00
55.100.00
Page 2 of 2