Loading...
CCR2003151. . . COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #151-2003 APPROVAL OF WELL SITE AGREEMENT BETWEEN HOMES BY TOWNE OF BIG MUSKEGO ESTATES LLC, CANDLEWOOD CREEK LLC AND THE CITY OF MUSKEGO WHEREAS, The Finance Committee has reviewed the attached Agreement and has recommended approval. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the attached Well Site Agreement between Homes by Towne of Big Muskego Estates LLC, Candlewood Creek LLC and the City of Muskego. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to sign the Agreement in the name of the City with any technical corrections to be made if necessary. DATED THIS 24th DAY OF June ,2003. SPONSORED BY FINANCE COMMITTEE Ald. Rick Petfalski Ald. Nancy Salentine Ald. Eric Schroeder This is to certify that this is a true and accurate copy of Resolution #151-2003 which was adopted by the Common Council of the City of Muskego. 6/2003jmb ~K. J11~ CI -Treasurer WELL SITE AGREEMENT . THIS AGREEMENT, made this - day of , 2003 by and between HOMES By TOWNE OF BIG MUSKEGO ESTATES LLC (the "Developer"), CANDLEWOOD CREEK LLC ("Candlewood") and the CITY OF MUSKEGO, a municipal corporation of the State of Wisconsin, located in Waukesha County, (the "City"). WITNESSETH WHEREAS, Candlewood proposes to develop lands described as Outlot 5 and Outlot 6 of Candlewood Creek, being a subdivision of a part of the SW )1." SE )1." and NE )I., of the NW y., of Section 11, T5N R20E, City of Muskego, Waukesha County, Wisconsin (hereinafter the "Subdivision Property"), and WHEREAS, City has conducted studies and physical site explorations to determine the optimal location for a new municipal well, and has determined that lands owned by Developer include a site with optimal geophysical characteristics, and said site is proposed to be platted as Outlot 2 of Big Muskego Estates, being a subdivision of part of Government Lots 2 and 3 in the SW y., of fractional Section 13 and part of the NW y., and SW y., of the SW y., of Section 13, all in T5N R20E, City of Muskego, Waukesha County, Wisconsin (hereinafter the "Well Site"), and City seeks to acquire said Well Site, and WHEREAS, Subdivision Property can not be developed without the provision of storm water management appurtenances required by Chapter 34 of the City of Muskego Municipal Code, and said appurtenances can not be economically constructed on the Subdivision Property, and Candlewood seeks off-site accommodation of required storm water management appurtenances, and . WHEREAS, City is the owner of certain lands located immediately north of the Subdivision Property, which includes lands intended for retention pond useage, said lands described as a part Outlot 1 of CSM 9215, being a part of the NW )I., of the NW y., of Section 11, T5N R20E, City of Muskego, Waukesha County, Wisconsin (hereinafter the "Retention Area"), and said lands may accommodate the Subdivision Property's accommodation of required storm water management appurtenances by way of a grant of an easement by the City to Candlewood, and WHEREAS, due to the commonality of ownership between Developer and Candlewood, Developer agrees and would be economically benefited by dedicating the Well Site to the City in exchange for the grant by the City to Candlewood of an easement for the use of the Retention Area for Candlewood's storm water management appurtenances, pursuant to the terms and conditions contained herein. THEREFORE, in consideration of the covenants herein contained, the parties hereto agree as follows: 1. Concurrent with the platting of Big Muskego Estates Subdivision, Developer agrees to dedicate the Well Site to City of Muskego free and clear of all encumbrances and without cost to the City.. City shall be responsible for construction of any utility appurtenances deemed necessary, without cost to Deveioper. 2. Concurrent with the platting of Big Muskego Estates Subdivision, Developer shall provide the City with title evidence as to the Well Site. . 3. If, for any reason, the title to said Well Site is not acceptable to the City, the City may declare, at its sole option, this Agreement to be null and void and the plat for Big Muskego Estates Subdivision shall be revised to eliminate any reference to the dedication or reservation of Outlot 2 for municipal purposes. If title is acceptable to the City, its dedication to the City shall be . completed prior to the City executing the easement favorable to the Candlewood referred to in this Agreement, but in no case later than the 31st day of December, 2003. 4. Concurrent with the platting of the Subdivision Property, City shali without cost to Candlewood, grant easements use of the Retention Area. Candlewood shali be responsible for construction of any stormwater appurtenances deemed necessary, without cost to City, and in accord with ali applicable rules, regulations and ordinances and in compliance with ali City and ali other necessary government approvals. 5. Concurrent with the platting of the Subdivision Property, City shali provide the Candlewood with title evidence as to the Retention Area. 6. If, for any reason, titie to the easement for the Retention Area is not acceptable to the Developer and Candlewood, the Developer and Candlewood may deciare this Agreement nuli and void. If an easement agreeable to both parties cannot be negotiated, either party may declare this Agreement nuli and void. 7. If the Weli Site has already been dedicated to the City when this Agreement is declared nuli and void, the City, at its sole option, may pay the Developer $175,000.00 for the Well Site or the City may reconsider its acceptance of the dedication, reject the same and the parties will cooperate to return title of the Weli Site to the Developer. 8. Developer and Candlewood understand that any Retention Area easement negotiated may contain provisions for the City taking controi of said Retention Area at a later date and using and/or expanding said Retention Area to serve a larger area. . 9. Neither Developer nor Candlewood shali assign this Agreement without the written consent of the City. 10. The City, the Developer and Candlewood, by mutual consent, may amend this Agreement, by written agreement between the City, the Developer and Candlewood." IN WITNESS HEREOF, Developer and Candiewood have caused this Agreement to be signed by their appropriate officers and their seals to be hereunto affixed in duplicate original counterparts on the date and year first written above. A. DEVELOPER: HOMES BY TOWNE OF BIG MUSKEGO ESTATES LLC By: STATE OF WISCONSIN) SS WAUKESHA COUNTY) PERSONALLY came before me this day of , 2003 to me known to be the person who executed the foregoing instrument and acknowledged the same. . Notary Public-State of Wisconsin My Commission Expires 2 B. 8 By: CANDLEWOOD CREEK LLC STATE OF WISCONSIN) SS WAUKESHA COUNTY) PERSONALLY came before me this day of , 2003 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, 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. C. CITY OF MUSKEGO BY Mark A. Slocomb, Mayor 8 BY: Jean Marenda, City Clerk/Treasurer STATE OF WISCONSIN) SS WAUKESHA COUNTY) PERSONALLY came before me this _day of , 2003 , the above named Mark A. Slocomb, Mayor, and Jean Marenda, City Clerk/Treasurer, 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 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. 24th day of June, 2003. Notary Public-State of Wisconsin My Commission Expires 8 3 CERTIFICATION - This is to certify that the foregoing is a true and correct copy of the Well Site Agreement for Homes By Towne of Big Muskego Estates LLC, Candlewood Creek LLC and the City of Muskego, Wisconsin, as entered into on the day of , 2003, by and between and the City Of Muskego, pursuant to the authorization by the Common Council from their meeting on the 24th day of June, 2003. BY THE COMMON COUNCIL Jean K. Marenda, CMC City Clerk/Treasurer SUBSCRIBED AND SWORN TO BEFORE ME this- day of ,2003. (Notary Public) My commission expires This document drafted by: Brian D. Turk, Director of Planning PO Box 749 . Muskego, WI 53150 G:\L.,'SJDlDDC\D", 'com Dth" Offic"'W," Sit, Agml CLEAN 061303,doo . 4