CCR2004149.
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COMMON COUNCIL. CITY OF MUSKEGO
RESOLUTION #149.2004
APPROVAL OF FINAL PLAT, SUBDIVIDER'S AGREEMENT AND
LETTER OF CREDIT
Big Muskego Estates II
WHEREAS, A Final Plat was submitted on April 26, 2004 by Towne Realty, Inc. for Big
Muskego Estates II located in the SE y,; of Section 13 to create 34 residential parcels; and
WHEREAS, The Plan Commission has recommended approval through Resolution #P.C. 059-
2004; and
WHEREAS, The Subdivider's Agreement, with attachments, and Letter of Credit have been
received for Big Muskego Estates II 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 Big
Muskego Estates II, 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, any
special assessments which may be due, and the conditions outlined in Resolution #P.C. 059-
2004.
BE IT FURTHER RESOLVED That the Subdivider's Agreement, with attachments, and Letter of
Credit for Big Muskego Estates II, 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 file of this final plat shall be submitted to the City in
accordance with Common Council Ordinance #1118 and Resolution #196-2002.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby authorized to
sign the necessary documents in the name of the City, and that the Mayor, in consultation with
the City Attorney, may make any necessary technical corrections.
DATED THIS 28th DAY OF September ,2004.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Nancy C. Salentine
Ald. Eric Schroeder
Ald. Eileen Madden
This is to certify that this is a true and accurate copy of Resolution #149-2004 which was
adopted by the Common Council of the City of Muskego.
9/04jmb
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I4J 003
First
Business
Bank~ DRAFT
Letter of Credit No:
Amount: $1.333,462.65
Da.te:
Homes by Towne of Big Muskego Estates LLC
710 N. Plankinton Ave.
Milwaukee, WI 53203
B~fi.ciary: City of Muske go
P.O. Box 749
W18Z 88200 Racine AVe.
Muskego, WI 53150-0749
Applicant:
Dear Sirs:
.We hereby issue this inevocable docuxnentary credìt in your favOJ:' wbi<ili is avai1able by
beneficiary's dr~s) at sight drawn on First Business Bank-Milwaukee. Each Draft
accompanying dOCl.1IIle1rts must state "Drawn under First Business BaD1c-Mi1wmkee
Standby Letter of <Xedi.t No. ~".
This Standby Credit is to provide It guarantee to the City of Muskego for the performance.
of Applicant obligations under that cerlain agreemeo.t dated . 20- between
the City of Muskego and Applicant
DRÄFTS ARB TO BE ACCQMPj\NIED BY:
A statement signed by the Mayor of the City of Muske go Stating that Applicant has failed
to complete the constJ:u.ction of subdivision improvements in accordance with said
Agreement or otherwise comply with the obligations of the Agreeme.o.t. Said statement
shall set forth the estimated amo1UJ.t ]).ecessary for the City of Muske go to complete such
improvements or otherwise comply with the obliga.tions of the Agreement.
Continued on Page Two (2) which is an integI1Ù part of thi5 Standby Letter of Credit
1&500 W. ~ DriVe . Bxwkfjeld, WI 53045 . 262.791-1400 . Fax 2A2-792-7129 . www.fbbtnilwaubc.CX>1JI
------~9/10/04 07:22 YAK 414 274 2709 ZILBER LTD./TRI
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Page 2, an integral part of StaJ1dby Letter of Credit No: -
SPECIAL CONDmONS:
,
This StandbyLett.er ofQ;ed1t will terminate on the ~d>>.y of ---.J 20_'pIovided.
however, Fint Business Bank -Müwaukee shall give written notice to the be.neficia:rY of .
its intention to temrinate tis standby oredit at least ninety (90) days prior to the '_day
of -,20_, After said date, tbis letter of credit can only terminate upon ninety
(90) days wrltten notice tQ tl1e beneficiary.
It is hereby agreed by aU pries hereto that the reference to "Agreement" is fur
identification purpose only and such reference shall not be construed jn eny manner to .
requite First Busiuess :Bank-Mi1w:mk~ to inqu1re into its terms md obliga1ions.
.
We encourage with you that dJ:afts ðrawn under and in compliance with the terms of this
credit will be duly honored if prese:nted on or before the expiration date. This órigimù ,
Standby Credit ImISt be submitted to us together with any dTawings hereuudeJ: for our
endOISem.e:nt of any payments effected by us and/or !or cancella.tion.
'
Sincerely,
First Business Balik-Milwaukee
141 004
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i
~ckJ2~~~..
By: Michael]. ~~ : .
Title: Senior Vice PRsident
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HOMES BY TOWNE OF BIG MUSKEGO ESTATES LLC - CITY OF MUSKEGO
. BIG MUSKEGO ESTATES 11- SUBDIVIDER'S AGREEMENT
This Agreement, made this by and between Homes by Towne of Big Muskego
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 Big Muskego Estates
II Subdivision (the "Subdivision"), a part of the lands described as:
BEING PART OF THE NORTHWEST 1/4, NORTHEAST 1/4, SOUTHWEST 1/4 AND SOUTHEAST 1/4 OF THE
SOUTHEAST 1/4 OF SECTION 13, TOWN 5 NORTH, RANGE 20 EAST, IN THE CITY OF MUSKEGO, W AUKESHA
COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST
CORNER OF THE SOUTHEAST 1/4; THENCE SOUTH 87018'00" WEST ALONG THE NORTH LINE OF SAID
SOUTHEAST 1/4 SECTION 985.46 FEET TO THE POINT OF BEGINNING OF THE LANDS TO BE DESCRIBED;
THENCE SOUTH 02042'00" EAST AT A RIGHT ANGLE TO SAID NORTH LINE, 167.00 FEET TO A POINT; THENCE
SOUTH 87018'00" WEST ALONG THE NORTH LINE OF CERTIFIED SURVEY MAP NO. 159 A DISTANCE OF 143.89
FEET TO A POINT; THENCE SOUTH 02042'00" EAST ALONG THE WEST LINE OF SAID MAP 628.00 FEET TO A
POINT ON THE SOUTH LINE OF SCHAEFER ROAD; THENCE SOUTHEASTERLY 122.27 FEET ALONG SAID
SOUTH LINE AND THE ARC OF A CURVE WHOSE CENTER LIES TO THE SOUTH, WHOSE RADIUS IS 190.00
FEET AND WHOSE CHORD BEARS SOUTH 74015'54" EAST 120.17 FEET TO A POINT OF REVERSE CURVE;
THENCE SOUTHEASTERLY 199.49 FEET ALONG SAID SOUTH LINE AND THE ARC OF A CURVE WHOSE
CENTER LIES TO THE NORTHEAST, WHOSE RADIUS IS 310.00 FEET AND WHOSE CHORD BEARS SOUTH
. 74015'54" EAST 196.06 FEET TO A POINT; THENCE NORTH 87018'00" EAST ALONG SAID SOUTH LINE 133.36
FEET TO A POINT; THENCE SOUTH 19043'05" EAST 171.44 FEET TO A POINT ON THE WEST LINE OF NORTH
CAPE ROAD (C.T.H. "00"); THENCE SOUTH 08050'37" WEST ALONG SAID WEST LINE 492.67 FEET TO A POINT;
THENCE SOUTH 87032'27" WEST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF
251.26 FEET TO A POINT; THENCE SOUTH 09039'00" WEST PARALLEL WITH THE WEST LINE OF NORTH CAPE
ROAD 255.23 FEET TO A POINT; THENCE SOUTH 87032'27" WEST PARALLEL WITH THE SOUTH LINE OF SAID
SOUTHEAST 1/4 A DISTANCE OF 332.40 FEET TO A POINT; THENCE SOUTH 86040'22" WEST ALONG THE
NORTH LINE OF CERTIFIED SURVEY MAP NO. 7155 A DISTANCE OF 499.09 FEET TO A POINT; THENCE NORTH
01010'37" WEST 5.32 FEET TO THE SOUTHEAST CORNER OF BIG MUSKEGO ESTATES, A RECORDED
SUBDIVISION; THENCE NORTH 01011'16" WEST ALONG THE EAST LINE OF BIG MUSKEGO ESTATES 1789.28
FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST 1/4; THENCE NORTH 87018'00" EAST ALONG
SAID NORTH LINE 848.89 FEET TO THE POINT OF BEGINNING. CONTAINING 1,653,342 SQUARE FEET OR
37.9555 ACRES, more or less, and hereinafter referred to as the "Subdivision", and
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 Big Muskego Estates II Subdivision contingent in part upon the execution
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Big Muskego Estates II Subdividers Agreement
. and performance of this Agreement by the Subdivider, and
NOW, THEREFORE, In consideration of the covenants herein contained, the parties hereto agree as
follows:
SECTION I : PLATTING
1. This Subdivider's Agreement addresses the development of 34 parcels platted for single family
residential use, and 2 Outlots platted for open space, stormwater retention purposes, all being under
the Provisions of Chapters 17 and 18 of the Municipal Code, and under the auspices of RSE I COPD
Suburban Estate District with Conservation Planned Development Overlay zoning.
a) Single-family parcels shall conform to the zoning requirements of RSE/COPD Suburban Estate
district with a Conservation Planned Development Overlay.
b) Outlots 3 and 4 are reserved for common open space and stormwater management purposes,
and shall be owned and maintained by an incorporated Owner's Association established by
Subdivider. A detention easement for stormwater management purposes on Outlots 3 and 4 shall
be controlled and maintained by the incorporated Owner's Association established by Subdivider.
Said outlots must follow the management practices set forth in the Big Muskego Estates II Open
Space Management Plan and agreement.
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 Big Muskego Estates II 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 III shall occur in one phase.
. SECTION III: IMPROVEMENTS
Subdivider shall entirely at its expense:
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Big Muskego Estates II Subdividers Agreement
. 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 January 26, 2004 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 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 January 26, 2004 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 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 January 26,2004 all in accordance with
the plans and specifications 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 Retention Pond Maintenance Agreement in the form attached hereto. The
document shall be incorporated herein and made part hereof, as approved by the Director of
Engineering and Building and Public Works Committee on January 26, 2004 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 January 27,2004 all in accordance with the plans, specifications and drawings on file
in the City Building and Engineering Department. .
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Big Muskego Estates II 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.
3. Televise the sanitary sewer system, repair any defects as determined by the Director of Engineering
and Building, and supply video tape to the 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, throughout the entire Subdivision, as approved by the Director of Engineering and
Building and Public Utilities Committee on January 27, 2004 and in accordance with the plans and
specifications 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, to the satisfaction of the Director of Engineering and Building, any remaining punch list
items concerning the water system prior to the connection of any structure 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,
and all rubbish.
3. Maintain the outlots within the subdivision in accordance with the Big Muskego Estates II Open
Space Management Plan Agreement and Big Muskego Estates II Open Space Management Plan.
4. 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. Planting may be deferred until
the time that ninety percent (90%) of the homes have been completed or thirty-six (36) months after
installation of the first lift of asphalt, whichever comes first.
5. Install plantings without cost to the City within the 30 foot landscape easement abutting North Cape
Road and in accordance with plans to be approved by the Planning Director and Plan Commission
prior to the release of occupancy permits. Planting may be deferred until the time that ninety percent
(90%) of the homes have been completed or thirty-six (36) months after installation of the first lift of
asphalt, whichever comes first.
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
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Big Muskego Estates II Subdividers Agreement
. January 26, 2004 in accordance with the plans and specifications on file in the 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
January 26, 2004 in accordance with the plans and specifications on file in the City Building and
Engineering Department. No construction or grading shall begin until said permit is issued by the
City, and no grading shall occur without a two (2) day prior 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. Ensure 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.
City shall:
G. REIMBURSEMENTS FOR UTILITY OVER SIZING
1. Reimburse Subdivider in accordance with the following schedule approved by the Finance
. Committee on June 24, 2003:
Improvement Estimated Reimbursement At:
Category: Quantity
Pipe Material 1,831 Lt. $9.25/ Lt.
FittinQs 15 $155.00 each
Beddina and Cover Material 90.00 tons $9.00/ ton
BeddinQ and Cover Material 25 tons $6.20 / ton
Valves 4 $350.00 each
2. Reimbursement may be requested by Subdivider following completion of as-built plans and following
City's acceptance of the Improvements. In no case shall reimbursement occur prior to January 1,
2006.
3. All requests for reimbursement shall be made in writing to the City Planning Department, and shall
be reviewed for approval by the Director of Building and Engineering. The recommendation of the
Director of Building and Engineering shall be forwarded to the Finance Committee and Public Utilities
Committee for consideration.
SECTION IV: TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section III, 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.
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Big Muskego Estates II Subdividers Agreement
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.
SECTION V: AS-BUILT CONSTRUCTION PLANS AND DIGITAL FILES
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.
Subdivider authorizes the City to convert digital files submitted by Subdivider pursuant to Section
18.32(3)(i) of the Municipal Code of the City of Muskego and Common Council Resolution No. 196-2002
to any format deemed necessary by City. Subdivider agrees to reimburse City for all costs incurred in
said conversions 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, sanitary sewers, watermains, storm water drainage facilities (excluding those facilities which
are to be owned and maintained by Owner's Associations) to the City, its successors and assigns,
forever, free and clear of all encumbrances (except those encumbrances that may be acceptable to the
City) 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 Director
of Building and Engineering 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
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Big Muskego Estates II Subdividers Agreement
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 III,
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 payor 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 VIII : MISCELLANEOUS REQUIREMENTS
The Subdivider shall:
1. Easements: Provide any easements on Subdivider's land deemed necessary by the Director of
Building and Engineering 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, sanitary sewers, watermains, surface water
drainage improvements and all other improvements described in Section III, 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 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 except those claims asserted by Subdivider against City, its officers,
agents and employees in an effort to enforce this Agreement. 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.
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Big Muskego Estates II Subdividers Agreement
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. 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 Liabilitv 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 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
Page 9
Big Muskego Estates II Subdividers Agreement
. 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 not release the Subdivider from completing
the work required by Section III of this Agreement.
SECTION XII : 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.
. 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 XIII: 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 completed by the Utilities Department, and the
results found acceptable by the Utility Superintendent, 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.
. It is expressly understood and agreed that no occupancy permits shall be issued for any homes until the
Planning Director has determined that:
Page 10
Big Muskego Estates II Subdividers Agreement
. 5. Street Tree Plans as required by Section III E (3) of this Agreement have been approved.
6. Landscape Plans as required by Section III 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 forth terms and conditions approved by the City
Attorney and Finance Committee on in the amount of $1,133,462.65 as a guarantee
that the required plans 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.
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:
Subdivider or its 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.
Page 11
Big Muskego Estates II Subdividers Agreement
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
POB 749
W182 S8200 Racine Avenue
Muskego, WI 53150-0749
(262) 679-4136
(262) 679-5614 facsimile
.
To Subdivider:
Homes By Towne of Big Muskego Estates LLC
Towne Realty, Inc. Manager
Attn: James W. Doering
710 North Plankinton Ave
Milwaukee, WI 53203
(414) 274-2488
(414) 274-2728 facsimile
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, any facsimile
transmission, or electronic mail.
Parties 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 XVII: 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. HOMES BY TOWNE OF BIG MUSKEGO ESTATES LLC
TOWNE REAL TV, INC., MANAGER
. By:
William A. Wigchers, Vice President
Page 12
Big Muskego Estates II Subdividers Agreement
. STATE OF WISCONSIN) SS
W AUKESHA COUNTY)
PERSONALLY came before me this William A. Wigchers to me known to be the
person who executed the foregoing instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
.
.
Page 13
Big Muskego Estates II Subdividers Agreement
. 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:
Janice Moyer, City Clerk-Treasurer
STATE OF WISCONSIN) SS
W AUKESHA COUNTY)
PERSONALLY came before me this the above named Mark A. Slocomb, Mayor,
and Janice Moyer, 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 its and pursuant to the authorization by the Common Council
from their meeting on the
. 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
Muskego Estates II Subdivision, Muskego, Wisconsin, as entered into on the
and between Homes by Towne of Big Muskego Estates LLC and the Of
authorization by the Common Council from their meeting on the
for Big
by
pursuant to the
BY THE COMMON COUNCIL
Janice Moyer, City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
This
My commission expires
This instrument drafted by Jeff Muenkel, Director of Planning
City of Muskego
. PO Box 749
Muskego, WI 53150
.
.
.
BIG MUSKEGO ESTATES II RETENTION POND MAINTENANCE
AGREEMENT
This Agreement is made and entered into this by and between
Homes By Towne of Big Muskego Estates LLC., (hereinafter referred to as
"Subdivider"), the incorporated Big Muskego Estates II Owner's Association, Inc. a non-
stock corporation (hereinafter the "Association") and the City of Muskego, a Municipal
Corporation located in the County of Waukesha and the State of Wisconsin, (hereinafter
referred to as "City").
WITNESSETH:
WHEREAS, the Subdivider has submitted for approval by the City a Final Plat for Big
Muskego Estates II Subdivision (the "Subdivision"), being a part of the lands described
as:
BEING PART OF THE NORTHWEST 1/4, NORTHEAST 1/4, SOUTHWEST 1/4 AND SOUTHEAST
1/4 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWN 5 NORTH, RANGE 20 EAST, IN THE CITY
OF MUSKEGO, W AUKESHA COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4; THENCE
SOUTH 87018'00" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4 SECTION 985.46
FEET TO THE POINT OF BEGINNING OF THE LANDS TO BE DESCRIBED; THENCE SOUTH
02042'00" EAST AT A RIGHT ANGLE TO SAID NORTH LINE, 167.00 FEET TO A POINT; THENCE
SOUTH 87018'00" WEST ALONG THE NORTH LINE OF CERTIFIED SURVEY MAP NO. 159 A
DISTANCE OF 143.89 FEET TO A POINT; THENCE SOUTH 02042'00" EAST ALONG THE WEST
LINE OF SAID MAP 628.00 FEET TO A POINT ON THE SOUTH LINE OF SCHAEFER ROAD;
THENCE SOUTHEASTERLY 122.27 FEET ALONG SAID SOUTH LINE AND THE ARC OF A
CURVE WHOSE CENTER LIES TO THE SOUTH, WHOSE RADIUS IS 190.00 FEET AND WHOSE
CHORD BEARS SOUTH 74015'54" EAST 120.17 FEET TO A POINT OF REVERSE CURVE;
THENCE SOUTHEASTERLY 199.49 FEET ALONG SAID SOUTH LINE AND THE ARC OF A
CURVE WHOSE CENTER LIES TO THE NORTHEAST, WHOSE RADIUS IS 310.00 FEET AND
WHOSE CHORD BEARS SOUTH 74015'54" EAST 196.06 FEET TO A POINT; THENCE NORTH
87018'00" EAST ALONG SAID SOUTH LINE 133.36 FEET TO A POINT; THENCE SOUTH 19043'05"
EAST 171.44 FEET TO A POINT ON THE WEST LINE OF NORTH CAPE ROAD (C.T.H. "00");
THENCE SOUTH 08050'37" WEST ALONG SAID WEST LINE 492.67 FEET TO A POINT; THENCE
SOUTH 87032'27" WEST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST 1/4 A
DISTANCE OF 251.26 FEET TO A POINT; THENCE SOUTH 09039'00" WEST PARALLEL WITH
THE WEST LINE OF NORTH CAPE ROAD 255.23 FEET TO A POINT; THENCE SOUTH 87032'27"
WEST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST 1/4 A DISTANCE OF 332.40
FEET TO A POINT; THENCE SOUTH 86040'22" WEST ALONG THE NORTH LINE OF CERTIFIED
SURVEY MAP NO. 7155 A DISTANCE OF 499.09 FEET TO A POINT; THENCE NORTH 01010'37"
WEST 5.32 FEET TO THE SOUTHEAST CORNER OF BIG MUSKEGO ESTATES, A RECORDED
SUBDIVISION; THENCE NORTH 01011'16" WEST ALONG THE EAST LINE OF BIG MUSKEGO
ESTATES 1789.28 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST 1/4; THENCE
NORTH 87018'00" EAST ALONG SAID NORTH LINE 848.89 FEET TO THE POINT OF
BEGINNING. CONTAINING 1,653,342 SQUARE FEET OR 37.9555 ACRES, more or less, and
hereinafter referred to as the "Subdivision", and
WHEREAS, The City has approved the plat of Big Muskego Estates II and the
construction of storm water retention ponds within an outlot and within easements on
the Property; 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 permits to construct Big Muskego Estates II Subdivision; and
WHEREAS, The City and the DNR has established certain requirements for retention
ponds and storm water management to be constructed in Big Muskego Estates II
Subdivision to minimize flooding and sediment migration to Big Muskego Lake and
.
Big Muskego Estates II
Retention Pond Maintenance Agreement
Page 2
adjacent wetlands and other tributary properties and to prevent rough fish propagation
and reintroduction into Big Muskego Lake; and
WHEREAS, The Subdivider has established Big Muskego Estates II Owner's
Association consisting of Parcels 55-88 of Big Muskego Estates II Subdivision,
hereinafter referred to as the "Association", which shall become the owner of certain
outlots and a party to certain easements upon recording of the final plat and the Big
Muskego Estates II 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
April 4, 2004 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 April 4, 2004
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 to access the Property 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 55-88 inclusive on an equal basis
and collected with any other taxes levied thereon for the year in which the work is
completed.
.
.
.
Big Muskego Estates II
Retention Pond Maintenance Agreement
Page 3
7. The Subdivider shall deposit in a segregated account with the City two thousand
five-hundred dollars ($2,500.00) to cover the estimated costs associated with the
pond draw downs necessary for the first five (5) years. Upon commencement of the
sixth (6) year, and continuing in each year thereafter, the City shall invoice the Big
Muskego Estates II Owner'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.
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 Owner'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 is a part of the Big Muskego Estates II Subdivider's Agreement,
which terms are incorporated herein, 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.
A. HOMES BY TOWNE OF BIG MUSKEGO ESTATES LLC
TOWNE REAL TV, INC., MANAGER
By:
William A. Wigchers, Vice President
STATE OF WISCONSIN) SS
WAUKESHA COUNTY)
PERSONALLY came before me this William A. Wigchers to me
known to be the person who executed the foregoing instrument and acknowledged the
same.
Notary Public, Waukesha County, Wisconsin
My commission expires
IN WITNESS WHEREOF, the incorporated Big Muskego Estates Home II Owner's
Association, Inc. 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.
.
.
.
Big Muskego Estates II
Retention Pond Maintenance Agreement
Page 4
B. BIG MUSKEGO ESTATES II OWNER'S ASSOCIATION, INC.
By:
Homes By Towne of Big Muskego Estates LLC
Towne Realty, Inc, Manager
William A. Wigchers, Vice President
STATE OF WISCONSIN}SS
WAUKESHA COUNTY}
PERSONALLY came before me this William A. Wigchers, me
known to be the persons who executed the foregoing instrument and acknowledged the
same.
Notary Public, Waukesha County, Wisconsin
My commission expires
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
By:
Mark A. Slocomb, Mayor
By:
Janice Moyer, City Clerk-Treasurer
STATE OF WISCONSIN}SS
W AUKESHA COUNTY}
Personally came before me this the above named Mark A.
Slocomb, Mayor and Janice Moyer, 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 authorit~~.~g<e~rs~~~~
to the authorization by the Common Council from their meeting on the 24~~y~~~.!;Jt)e;
200ì.
Notary Public, Waukesha County, Wisconsin
My commission expires
CERTIFICATION
.
.
.
Big Muskego Estates II
Retention Pond Maintenance Agreement
Page 5
This is to certify that the foregoing is a true and correct copy of the Retention Pond
Maintenance Agreement for Estates II Subdivision, Muskego, Wisconsin,
as entered into on this by and between Homed By Towne of Big
Muskego Estates LLC, the incorporated Big Muskego Estates II Owner's Association,
Inc. and the City of to the authorization by the Common Council
from their meeting on the
BY THE COMMON COUNCIL
Janice Moyer
City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
this
Notary Public, Waukesha County, Wisconsin
My commission expires
.
BIG MUSKEGO ESTATES II STORM WATER MANAGEMENT
PLAN
.
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 Big Muskego Estates II, 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 Big Muskego Estates II Owner's Association regarding the management of
storm water in Big Muskego Estates II 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
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 the storm water retention pond to be
contained in an Outlot in Big Muskego Estates II, in accordance with the
approved plans and Subdividers Agreement dated January 26, 2004.
.
4. The Subdivider upon completion of the above referenced improvements
shall convey by final plat and deed restrictions the improvements to Big
Muskego Estates II Owner's Association, which shall be responsible for
carrying out the storm water measures on an ongoing basis expressed in
this Plan. It is understood that private ownership and maintenance of the
storm water management improvements, including storm sewers within
Big Muskego Estates II Subdivision commences outside of City owned
Big Muskego Estates II
Stormwater Management Plan
Page 2
. 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) have
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 Big Muskego Estates II
Subdivision to minimize flooding and sediment migration to Big Muskego Lake,
adjacent wetlands, and other tributary 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 pond 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 Big Muskego Lake. The City shall also administer an
annual inspection of the storm water retention pond to monitor any build-up of
sedimentation on the floor of the pond.
Set forth below, is an outline of the City's responsibilities which has been agreed
to by the DNR:
1. The City shall as-built the finish grade of the pond and provide the as-
built plans to the City, Subdivider and Big Muskego Estates II Owner's
Association. The City shall also provide a bench mark at the pond to be
illustrated on the as-built drawings. The costs and expenses for the City
to provide these services shall be charged to the Subdividers Developers
Deposit Account, or if no such account exists, shall be entered on the tax
roll as a special charge or special assessment against the residential
properties located in Big Muskego Estates II collected with any other taxes
levied thereon for the year in which the work is completed.
2. City of Muskego shall administer draw down and inspect for sediment
build-up. Draw down of the retention pond 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.
.
3. Sediment build-up in pond shall be determined on an annual basis and
shall be recorded in a log. Removal of sediment shall be administered by
the Owner's Association according to Section 3.
.
Big Muskego Estates II
Stormwater Management Plan
Page 3
SECTION 3 - DUTIES AND RESPONSIBILITIES OF THE BIG
MUSKEGO ESTATES II OWNER'S ASSOCIATION
An incorporated association of the owners of all single family lots in Big Muskego
Estates II has been created for the purposes of managing and controlling
Common Areas including the outlot which contains the storm water retention
pond. This owner's association is formally titled Big Muskego Estates II Owner'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 pond 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 pond. 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
retention pond 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 in equal
amounts on the tax roll as a special assessment or special charge against
the residential Parcels in Big Muskego Estates II, collected with any other
taxes levied thereon for the year in which the work is completed.
THIS INSTRUMENT DRAFTED BY JEFF MUENKEL, CITY OF MUSKEGO PLANNING DEPARTMENT
W182 S8200 RACINE AVENUE MUSKEGO WI 53150
Approved by Public Works Committee January 26, 2004
.
.
.
.
BIG MUSKEGO ESTATES II
OPEN SPACE MANAGEMENT PLAN AGREEMENT
This Agreement, made and entered into by Homes
by Towne of Big Muskego Estates LLC(hereinafter referred to as "Subdivider"), the
incorporated Big Muskego Estates II Homeowners Association, Inc. (hereinafter referred to as
"Association") and the City of Muskego, a Municipal Corporation located in the County of
Waukesha and the State of Wisconsin, (hereinafter referred to as "City").
WITNESSETH:
WHEREAS, the Subdivider is the owner of certain lands commonly known as the Big Muskego
Estates II Final Plat (hereinafter referred to as "Conservation Subdivision") and described as
Parcels 55-88 inclusive, Outlot 4 and Outlot 5 of Big Muskego Estates II, being a Subdivision of
the NW%, NE %, SW %, SE % of the SE % of Section 13, T5N R20E, City of Muskego,
Waukesha County, Wisconsin, and
WHEREAS, The City of Muskego Conservation Plan (dated August 1, 2001 and on file at the
City of Muskego Planning Department) identifies certain environmentally significant lands within
the City; and
WHEREAS, The City of Muskego Conservation Plan encourages the preservation of
environmentally significant lands which lie within areas to be developed; and
WHEREAS, The City of Muskego Conservation Plan encourages the development of
conservation subdivisions that preserve environmentally significant lands; and
WHEREAS, The City of Muskego Common Council has approved the Conservation
Subdivision; and
WHEREAS, The approved Conservation Subdivision designates outlots containing open
spaces of environmentally significant lands; and
WHEREAS, Chapter 18 of the City of Muskego Municipal Code requires the creation and
implementation of open space management plans for conservation subdivisions; and
WHEREAS, The Subdivider has established an incorporated homeowners association known
as Big Muskego Estates II Homeowners Association, Inc. (hereinafter referred to as the
"Association"), which shall become responsible for maintenance of the outlots upon recording of
the Final Plat and Deed Restrictions, and
WHEREAS, The City reserves the right to enforce the requirement that the outlots are
maintained in a manner consistent with this agreement and the Big Muskego Estates II Open
Space Management Plan on file in the offices of the City of Muskego Planning Department as
required by the Chapter 18 of the City of Muskego Municipal Code;
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Big Muskego Estates II
Open Space Management Plan Agreement
Page 2
NOW THEREFORE, in consideration of the mutual covenants and agreements, IT IS AGREED,
as follows:
1. The Subdivider warrants and represents that it is the sole owner of the lands subject to this
Agreement free and clear of all encumbrances, except recorded easements and restrictions
and municipal and zoning ordinances and real estate taxes in the year of closing.
2. The Association, unless otherwise provided for in the Big Muskego Estates II Open Space
Management Plan, and as attached hereto, shall be responsible for maintenance of the outlots
within the Subdivision.
3. The Subdivider shall deposit in a segregated account with the City five thousand dollars
($5,000) in the name of the Association to cover costs associated with the first five (5) years of
the management schedule of the Big Muskego Estates II Open Space Management Plan.
Upon commencement of the sixth (6) year, and continuing in each year thereafter, the required
balance shall be one thousand dollars ($1,000) and from time to time the City shall invoice the
Association in an amount sufficient to return the account balance to one thousand dollars
($1,000).
4. The City of Muskego is authorized to access the Property to conduct inspections of vegetative
cover within outlots as necessary to ascertain that the vegetation is being maintained in
accordance with the approved Big Muskego Estates II Open Space Management Plan, which
include but are not limited to prairie/sedge meadow establishment. The City shall provide the
Subdivider or Association an inspection report detailing any noncompliant items.
5. The Subdivider or Association shall maintain the outlots in accordance with the approved Big
Muskego Estates II Open Space Management Plan on file in the offices of the City of Muskego
Planning Department as required by Chapter 18 of the City of Muskego Municipal Code.
6. The Association may be required, upon notification by the City of Muskego, to take corrective
actions within a reasonable timeframe to address vegetation maintenance problems within the
outlots. 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 associated with corrective actions shall be drawn against the
segregated account.
7. The costs and expenses shall be entered on the tax roll as a special charge or special
assessment against Lots 55-88 of Big Muskego Estates II inclusive on an equal basis and
collected with any other taxes levied thereon for the year in which the work is completed.
8. 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.
Big Muskego Estates II
Open Space Management Plan Agreement
Page 3
. 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.
Big Muskego Estates II LLC
By:
William A. Wigchers, Vice President
Homes by Towne of Big Muskego Estates LLC
STATE OF WISCONSIN) SS
WAUKESHA COUNTY)
PERSONALLY came before me this
-
day of , 2004 William A. Wigchers, Vice
President of Homes by Towne of Big Muskego 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
BIG MUSKEGO ESTATES II HOMEOWNERS ASSOCIATION, INC.
. By:
William A. Wigchers, Vice President
STATE OF WISCONSIN) SS
WAUKESHA COUNTY)
PERSONALLY came before me this day of , 2004 the above named William A.
Wigchers.. to me known to be the person who executed the foregoing instrument and acknowledged
the same as representatives of the Big Muskego Estates II Homeowners Association, Inc.
Notary Public, Waukesha County, Wisconsin
My commission expires
STATE OF WISCONSIN} SS
W AUKESHA COUNTY}
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Big Muskego Estates II
Open Space Management Plan Agreement
Page 4
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CITY OF MUSKEGO
By: By:
Mark A. Slocomb, Mayor Janice Moyer, 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 Janice Moyer, 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 day of , 2002.
Notary Public, Waukesha County, Wisconsin
My commission expires
Big Muskego Estates II
Open Space Management Plan Agreement
Page 5
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CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Open Space Management
Plan Agreement for Big Muskego Estates II, Muskego, Wisconsin, as entered into on this _day
of , 2002 by and between Homes by Towne of Big Muskego Estates LLC, the
Big Muskego Estates II Homeowners Association, Inc. and the City of Muskego, pursuant to the
authorization by the Common Council from their meeting on the day of
2002.
BY THE COMMON COUNCIL
Janice Moyer
City Clerk-Treasurer
. SUBSCRIBED AND SWORN TO BEFORE ME
this day of , 2002.
Notary Public, Waukesha County, Wisconsin
My commission expires
.
This document drafted by
Tom Zagar, Conservation Coordinator
City of Muskego
PO Box 749
Muskego, WI 53150
. BIG MUSKEGO ESTATES II OPEN SPACE MANAGEMENT PLAN
TABLE OF CONTENTS
SECTION 1- VEGETATION COVER TYPES OF BIG MUSKEGO ESTATES"
Introduction.......................................................................................................... 1
Mixed Hardwood Forest...................................................................................... 1
Wetlands............................................................................................................. .2
SECTION" - RECOMMENDATIONS AND REQUIREMENTS
Mixed Hardwood Forest """""""""""""""""" ................................ ............... ....4
Wetlands.............................................................................................................. 5
Storm Water Ponds and Drainage Swales ...........................................................
7
Prairie (Wildflower) Plantings
................................ ..................... ..........................8
SECTION III -INITIAL DUTIES AND RESPONSIBILITIES OF THE DEVELOPER......11
SECTION IV - DUTIES AND RESPONSIBILITIES OF THE HOMEOWNERS ..............12
.SECTION V - DUTIES AND RESPONSIBILITIES OF THE CITY OF MUSKEGO ........13
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SECTION I:
EXISTING VEGETATION COVER TYPES OF BIG MUSKEGO ESTATES II
Introduction
This Open Space Management Plan includes a proposed program to preserve, manage
and use open spaces and natural areas within the Big Muskego Estates II subdivision.
The plan provides general methods and procedures for managing, improving, and
sustaining the quality of the natural habitats of Big Muskego Estates II. It also provides
recommendations on landscaping and managing open space areas that were
manipulated or disturbed in the development process. This document serves as a Work
Plan, and as such, provides general recommendations about expected habitat
management issues. It contains information about managing lawns, wildflower and
grassland prairie areas, woodland management, and pond maintenance and
encourages the use of vegetation types historically found in the region. Techniques for
managing invasive, weedy plant species, such as Buckthorn, Honeysuckle, Purple
Loosestrife and Garlic Mustard, are also provided.
The City of Muskego Conservation Coordinator is available to provide technical
assistance and literature references. References to other agencies, native plant
nurseries and private consultants can also be provided to help in this Plan's execution.
Mixed Hardwood Forest - (Historically Oak Savanna)
Description
The 2.5-acre forested area of Big Muskego Estates II was historically an oak savanna or
open oak woods. Oak savanna was the predominant land cover type of southern
Wisconsin before European settlement. This transition between the prairies of the
Central Plains and the forests of eastern North America consisted of forests of scattered
trees where numerous prairie grasses and wildflowers thrived within the openings.
Periodic wild fires minimized the extent of most woody plants. Certain trees, primarily
oaks with their thick bark, withstood these fires. Bur Oak (Quercus macracarpa) is the
predominant tree of oak savannas, however White Oak (Quercus alba), Northern Red
Oak (Quercus rubra), Shagbark Hickory (Carya ovata), and Black Walnut (Juglans
nigra), also grew in this ecotype. However, because of human manipulation of the land,
fire suppression and effects of competing invasive plants, few healthy oak savannas
exist. Species composition has been altered and species diversity has been greatly
reduced.
This area now exists as a mixed hardwood forest of Bur Oak, Northern Red Oak, White
Oak, Shagbark Hickory, White Ash, Green Ash, and Black Walnut. Understory trees
include Black Cherry (Prunus seratina), and Downy Hawthorn (Crataegus mollis). Grey
Dogwood (Comus racemosa) and Staghorn Sumac (Rhus typhina) were also found on
the forest edge.
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. Dead trees within a residential yard are usually hazards to human life and property and
need to be removed. However, within the forest, they provide habitat for a variety of
wildlife. Dead trees typically have cavities that serve as nesting sites for mammals and
cavity-nesting birds. These include deer mice, squirrels, chipmunks, owls, kestrels,
woodpeckers, chickadees, nuthatches, and the great-crested flycatcher. Furthermore,
the decay of fallen trees cycles nutrients back into the soil where they become available
for further plant growth.
Invasive Species
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Two invasive shrub species are of a concern in the forest: European Buckthorn
(Rhamnus cathartica) and Tatarian Honeysuckle (Lonicera tatarica). Both of these
plants were originally brought to North America for use as landscape plants but have
escaped cultivation and have now spread into forests over much of the continent.
These species leaf out sooner than most native woodland trees. Native woodland
flowers such as Jack-in-the-Pulpit (Aerisaema trifollium), Trilliums (Trillium
grandiflorum), Bloodroot (Sanquinana canadensis), and Mayapple (Podophyllum
peltatum) flourish in the sunlight that comes through the forest canopy in spring before
the trees leaf-out. The early-leafing buckthorn and honeysuckle inhibit the growth of
these native plants on the forest floor. Not only are humans robbed of the chance to
witness a spectacular display of spring flora, the wildlife that relies on these native
species for food and habitat is greatly impacted. This shading effect also inhibits the
regeneration of forest trees and, over time, the area can transform into a dense thicket
of these invasive shrubs.
Garlic mustard (Alliaria petiolata), another invasive non-native plant, is a serious threat
to the health of the woods in Big Muskego Estates II. This prolific biennial herb can
quickly dominate the ground flora of a forest at the expense of the diverse assemblage
of native woodland flowers. In the first year it is generally low growing, does not form
flowers, and remains green through winter. Second-year plants grow 1-2 feet tall and
produce clusters of white blossoms in May and June. Each plant dies after flowering.
Garlic mustard was found within the woodlot but does not currently appear to be
widespread. Early control will help keep this invader from gaining a foothold and
disrupting the forest ecology.
Wetlands
Description
Wetlands have tremendous ecological significance. They help to improve water quality,
help retain storm water, provide critical habitat for a variety of other wildlife, including
frogs, salamanders, and turtles. Many people mistakenly think of wetlands as nothing
more than mosquito breeding grounds. However, a healthy wetland habitat attracts
beneficial insects such as dragonflies, and birds such as swallows, swifts, and
flycatchers - all of which prey on mosquitoes. .
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The 1.3-acre wetland located on the development was historically sedge meadow or
wet prairie. Presently it is degraded with low species diversity. It is dominated by
cattails (Typha spp.) and has invasive Reed Canary Grass (Phalaris arundinacea)
growing on its outer fringe.
Invasive Species
Reed Canary Grass is an aggressive sod-forming grass that is over-taking many
wetlands and adjacent uplands in North America. Although a native strain exists, a
more vigorous Eurasian strain was introduced for use as forage and erosion control.
This Eurasian strain out-competes native flora and creates a monotypic (single species)
stand that is of little use to wildlife.
Although not observed at Big Muskego Estates II, Purple Loosestrife (Lythrum salicaria)
is another wetland invasive plant to watch out for. This plant has showy purple flowers
but its impact to wetlands isn't so pretty. Like other invaders, it can dominate an area to
the extent that other species are eliminated.
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SECTION II: RECOMMENDATIONS AND REQUIREMENTS
Mixed Hardwood Forest
Recommendations
European Buckthorn has developed a strong foothold in the forest in Big Muskego
Estates II and control would require considerable effort. Cutting the shrubs at ground
level and treating the stumps with a glyphosate (25%) herbicide can control this species
as well as the honeysuckle shrubs that are present. This is best done in the fall of the
year when sap flows toward the roots and buckthorn is more easily spotted due to its
tendency to hold its leaves longer. Cut stems of honeysuckle should be removed and
disposed of, as they are capable of re-rooting.
Control of a Garlic Mustard infestation is labor-intensive. Plants can be hand pulled in
spring before they set seed. Pulled plants must be bagged and land filled. The hand-
pulling regimen must continue for several years until the existing seed bank of Garlic
Mustard is exhausted. Timely spraying of herbicides and prescribed burns are also
effective control techniques provided they are conducted in the dormant season before
most native woodland plants green-up. It can be said of any invasive species that early
detection and control will make it considerably easier to minimize or eliminate the
invasion. Reseeding or replanting with native woodland flora may be required.
There are many references available that detail specific invasive species control
techniques. The Wisconsin Department of Natural Resources web site contains many
excellent online and offline references:
(http://www.dnr.state.wi.us/orQ/land/er/invasive/index.htm )
It is recommended that dead trees and snags within the forest be retained whenever
possible where they do not pose safety threats to people or buildings. As mentioned in
the section above, they provide a variety of wildlife habitat.
Requirements
This plan does not require any special management of the woodland but encourages
the Homeowners Association to become active in eradicating invasive buckthorn shrubs
and honeysuckle from the hardwood forest and within the treeline preservation areas.
Wetlands
Control of Invasive Species
Reed canary grass control involves mowing, burning, and/or herbicides. Well-
established stands are difficult to control due to the persistent seed bank in the soil. In
some cases, removal of the top layer of existing soil will remove the unwanted seed
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bank. However, permits will be required for this control option. Re-seeding with a
sedge meadow mix may be necessary if native seed bank is lost.
Purple loosestrife can be controlled with herbicides when infestations are small. Larger
stands of purple loosestrife are best controlled with the introduction of Gallerucella spp.
beetles. These tiny insects, that keep this plant in check in Europe and Asia, have been
imported to control this plant in the United States. Because they feed exclusively on
loosestrife plants, Gallerucella have not posed a threat to any native plants or cultivated
crops.
Any herbicide applied on or near surface water requires a (no fee) permit from the
Wisconsin DNR. Glyphosates specifically formulated for use near water (e.g. Rodeo)
must be used. Check with the regional DNR Aquatic Plant Coordinator before starting
any herbicide treatment.
Preservation
Care should be taken to avoid and minimize direct, or indirect, impacts to wetlands.
Management and maintenance activities within wetlands are highly regulated at the
federal, state, and local levels. Regulated activities include clearing, dredging, and
filling in or around wetlands. Effective sediment and erosion control practices will be
required during any activities that could cause sediment-laden runoff to flow into the
wetlands.
Restoration projects within wetlands must be conducted in accordance with Wisconsin
Department of Natural Resources (WDNR) guidance, and permits may be required. A
good source of information may be found in the Wetland Restoration Handbook for
Wisconsin Landowners (Alice Thompson and Charles Luthin, WDNR, 2000).
Storm Water Ponds and Drainage Swales
Development of wet storm water detention basins is required within land developments
by Chapter 34 of the Muskego Municipal Code. These "storm water ponds" serve to
capture sediments and nutrients before water is released to existing surface waters,
thereby maintaining water quality of area lakes and streams. They also provide flood
control by slowing the release of water to existing surface waters. Storm water ponds
and associated drainage swales can be managed to optimize their efficiency and
aesthetics.
Pond Design and Enhancement
Open lawn landscapes along ponds can attract nuisance flocks of Canada geese, so
the planting and maintenance of turf grasses in these areas is discouraged. Geese
prefer to graze on lawn grasses within easy reach of water in the typical "golf course
pond" design. While a few nesting pairs may be welcome, large flocks of geese leave
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BiQ MuskeQo Estates II Open Space ManaQement Plan
messy droppings causing human health hazards and diminished water quality of ponds
and their associated wetlands. Another concern with lawns around storm water ponds
is the potential use of fertilizers. Fertilizers entering the water will encourage nuisance
plants and algae blooms, thus reducing the pond's function of reducing nutrient
pollutants. Establishment of natural vegetation around ponds and swales is
encouraged. Wet meadow vegetation and prairie plants that grow taller around these
storm water facilities will minimize the goose problem and ensure better water quality.
A wet meadow/sedge mix should be planted in the shallow perimeter of storm water
ponds and drainage swales. Further up in grade, in soils less frequently subject to
inundation, a mesic (medium-moisture) prairie mix is recommended (Establishment of
prairie vegetation is discussed in the following section). Collectively, these plants will
serve as a filter to reduce the influx of sediments, nutrients, and other pollutants, and
slow the erosive force of water during storm events. Aesthetics is an added benefit, as
the ponds and swales will appear natural and provide a greater diversity of plant and
animal life to observe. Once established, the vegetation will require little maintenance.
Specific requirements for seeding around storm water ponds and swales shall be
detailed in the approved landscape plan on file at the City of Muskego Planning
Department.
Many aquatic plants and animals will likely colonize the pond naturally over time.
However, many can be intentionally introduced. It is recommended that only
indigenous, non-invasive, plants be used. Most storm water ponds will not support a
fishery because their shallow depths makes them vulnerable to winter fish kills from
oxygen depletion. If the pond is deep enough to support a fishery, it is strongly
recommended that a fisheries biologist be consulted prior to any fish stocking efforts. A
healthy fish assemblage, without species such as carp, is critical to the maintenance of
water quality in the pond.
PRAIRIE (WILDFLOWER) PLANTINGS
Establishment
Outlot areas within Big Muskego Estates II, including storm water management ponds
are ideal sites for the establishment of prairie plantings. Initial preparation of the
planting site requires a bit of work, but once established, prairies are rather low
maintenance. These sites will likely have a surface of recently graded topsoil.
Unfortunately, the soil likely contains seeds of weeds and "cool season" grasses.
Prairie plants are "warm season" plants that don't generally begin growing until soil
temperatures warm to greater than 500 F.
If acceptable erosion controls are in place, the existing seed bank of cool season
grasses and weeds in the soil should be allowed to sprout in the spring. Erosion prone
areas should be seeded with a temporary cover of annual rye grass. The site should be
sprayed with a glyphosate herbicide in spring after weedy plants begin to grow but
before they flower and go to seed. Another herbicide treatment should be conducted in
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. June, just prior to planting the prairie. "Old field" sites that include many weedy species
may need to be treated for an entire growing season prior to prairie planting.
When adequate weed control is accomplished, the site may then be planted. Seeding
in late spring or early summer typically produces good results. Planting later than mid-
July is discouraged because there may not be enough time left in the season for prairie
plants to adequately establish before winter. However, prairies may be seeded in late
fall after soil temperatures cool - typically in November. These seeds remain dormant
over the winter and sprout the following spring. This fall "dormant seeding" is a good
option for weedy sites that require additional herbicide applications throughout the
summer.
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Prairie seed mixes are available from several nurseries in the area. Specific wildflower
and prairie grass mixes are formulated to match soil textures and moisture content. A
mesic, or medium-moisture prairie mix with a diversity of at least 25 species is
suggested for most of the prairie planting area. Mixes containing sedges, bulrushes,
and other plants tolerant of wet soils should be used in areas subject to water
inundation. Seed mix specifications can be found below. The standard seeding density
is 10 pounds of mix per acre. A nurse crop of such as annual rye grass (do not use
perennial rye) should be planted with prairie seeds to provide temporary competition for
weeds, as well as to stabilize the area against erosion while prairie plants become
established. Annual rye should be planted with prairie seed at a rate of 5 Ibs./acre for
spring planting and 15 Ibs./acre for fall dormant seeding. Oats can be used at a rate of
20 - 50 Ibs./acre. Note: Use non-agricultural grain as nurse crops - studies show that
agricultural grain rye produces chemicals that inhibit germination of other plants.
Planting sites should be shallowly tilled prior to seeding or planted with a "no till"
technique. No till planting is favored because in doesn't bring up weed seeds that exist
deeper within the soil, some of which can remain viable for decades. "No till" planting
will minimize the re-establishment of these weeds. Smaller sites can be broadcast
seeded by hand over shallowly tilled soil. Mixing the seed with an inert carrier such as
vermiculite or sawdust will help to more evenly spread the prairie seed. After
broadcasting, the soil it should be lightly raked so that seeds are buried no deeper than
~ to % inch. The site should then be rolled so that there is firm seed-to-soil contact. A
light covering of weed-free straw mulch will help retain soil moisture and increase
germination.
Inevitably, some weeds will begin growing on even well prepared sites. Weeds tend to
grow faster than prairie plants, so mowing at successively greater heights through the
first year will reduce the weed's competitive advantage. Mowing will also keep most
weeds from producing seed. A mowing is often recommended in the spring of the
second year, but after that, little maintenance is required.
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Periodic burning in mid-spring will rejuvenate prairie plantings after establishment. This
should be done on a two to five year cycle. Burning removes the duff (dead plant
material) and sets back cool season grasses and weeds. Although not as effective as
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burning, mowing is an acceptable substitute where burning may be a hazard. If this
method is used, cut plant material should be raked from the site to allow sun penetration
to the soil surface.
In the initial years, prairie plants invest more into root growth and aren't very showy
above ground. Many wildflowers do not blossom until their third year of growth and it
may take five years before these plants really begin to fill in the site. Patience is
rewarded after establishment by an attractive diversity of plants that both humans and
wildlife will enjoy. A greater diversity of songbirds and many rare and colorful butterflies
will utilize the colorful array of wildflowers found in the prairie.
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Site Preparation Herbicide 2nd
weeds & Herbicide
cool season application
grasses
Establishment
Maintenance
No-till seed
or seed into
lightly tilled
soil
Mow planting to
height of 4-6
inches
Mow planting
to height of 4-
6" in sprin
Spring
Prescribed
Burn
Specifications for Mesic Prairie Seed Mix
Wildflowers
15 or more of the following:
Bergamot
Black Eyed Susan
Blue False Indigo
Butterflyweed
Canada Milk Vetch
Canada Tick Trefoil
Compass plant
Culver's Root
Cupplant
Great Solomon's Seal
Heartleaf Golden Alexanders
Lanceleaf Coreopsis
Lavender Hyssop
Meadow Blazingstar
Meadow Rose
New England Aster
New Jersey Tea
Nodding Pink Onion
Ox Eye Sunflower
Grasses
2 or more of the following:
Big Bluestem
Canada Wild Rye
Sideoats Grama
Switchgrass
Pale Purple Coneflower
Partridge Pea
Prairie Blazingstar
Prairie Dock
Purple Coneflower
Purple Prairie Clover
Rattlesnake Master
Rosinweed
Roundhead Bushclover
Sky Blue Aster
Smooth Aster
Smooth Penstemon
Stiff Goldenrod
Sweet Black Eyed Susan
White False Indigo
Wild Quinine
Wild Senna
Yellow Coneflower
Indiangrass
Little Bluestem
Prairie Dropseed
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Wet Meadow/Sedge Seed Mix Specifications for Storm water Pond and Swale Area *
Wildflowers
15 or more of the following:
Angelica
Bergamot
Black Eyed Susan
Blue Flag Iris
Blue Vervian
Boneset
Brown Eyed Susan
Culver's Root
Dense Blazingstar
Golden Alexanders
Great Blue Lobelia
Green Headed Coneflower
Ironweed
Grasses & Sedges
4 or more of the following:
Big Bluestem
Canada Wild Rye
Dark Green Bulrush
Fowl Manna Grass
*Note:
Joe Pye Weed
New England Aster
Ohio Goldenrod
Ox Eye Sunflower
Pale Indian Plantain
Prairie Blazingstar
Prairie Dock
Red Milkweed
Riddell's Goldenrod
Sawtooth Sunflower
Sweet Black Eyed Susan
Tall Coreopsis
Wild Iris
Fox Sedge
Porcupine Sedge
Virginia Wild Rye
If one seed mix is used, a Mesic Prairie Mix could be used with addition of
any 2 of the following:
Dark Green Bulrush
Fowl Manna Grass
Fox Sedge
Porcupine Sedge
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SECTION III: INITIAL DUTIES AND RESPONSIBILITIES OF THE DEVELOPER
The Developer shall at his expense:
1. Plant mesic prairie vegetation around the perimeter of the storm water pond
and outlots specified in the landscape plan. Prairie planting plan must be
approved by the City of Muskego before the issuance of building permits.
2. Mow prairie planting 4 to 6 inches in height at least three times throughout the
first growing season.
3. Maintain erosion control measures specified in the approved erosion control
plan (Approval date: January 26, 2004, on file at City of Muskego
Building/Engineering Department). Erosion control shall be in compliance
with the Wisconsin Construction Site Handbook of best management
practices and City of Muskego Municipal Code Chapter 29, and remain in
place until adequate vegetative cover is established.
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SECTION IV: DUTIES AND RESPONSIBILITIES OF THE HOMEOWNERS
1. If the homeowners (rather than the Developer) control the Homeowners
Association during the first growing season it shall be their responsibility to
mow the planting 4 to 6 inches in height at least three times throughout the
growing season.
2. The Homeowners Association shall conduct prescribed burns on prairie
plantings every 3 to 5 years. All prescribed burns shall be conducted
pursuant to Municipal Code Section 9.14 and only upon 72 hours notice to the
Muskego Police Department and Fire Department. Muskego Municipal Code
9.14(3)(a)(4) states: "Sufficient fire fighting implements and personnel shall be
available at the scene while burning is in proglress to control the fire." It is
recommended that a contractor be hired to conduct the initial prescribed burn.
Only after sufficient training and experience should homeowners conduct this
task. Mowing may be substituted where burning may be hazardous to life or
property. Cut plant material shall be raked from the site.
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SECTION V: DUTIES AND RESPONSIBILITIES OF THE CITY OF MUSKEGO
The City shall:
1. Inspect wetland areas annually to ensure that no illegal filling, dredging, or other
modifications have occurred.
2. Inspect the progress of prairie vegetation establishment near storm water
management facilities and outlots.
3. Assist Homeowners Association in educating members of invasive species
control.
13
. (Draft) MORTGAGEE NON-DISTURBANCE AGREEMENT
This Agreement is made
(Lender) and the City of Muskego.
, 2004 between
The City of Muskego and (Owner) have entered into an
Agreement to execute the Big Muskego Estates II Open Space
Management Plan.
The Owner has given the Lender the following mortgages (Mortgages):
THEREFORE, it is agreed as follows:
The Lender Agrees:
.
1. If lender takes possession of the Property, the Big Muskego
Estates II Open Space Management Plan Agreement shall
continue with the same force and effect as if the Lender, as
Owner, had entered into the Big Muskego Estates II Open Space
Management Plan Agreement with the City of Muskego.
2. In the event of foreclosure of the Mortgage or sale in lieu of
foreclosure or other suit or proceeding pursuant to the Mortgage,
the City of Muskego will not be made a party to the proceeding
and the same shall not affect the rights of the City of Muskego
under the Big Muskego Estates II Open Space Management Plan
Agreement. Any purchaser of the Property pursuant to any such
proceedings or deed in lieu of foreclosure shall take the Property
subject to the Big Muskego Estates II Open Space Management
Plan Agreement and shall be bound by all of its terms as if the
purchaser were the original Owner; provided however, that the
purchaser shall not be liable for any default by the Owner under
the Big Muskego Estates II Open Space Management Plan
Agreement pertaining to any period before the purchaser acquires
the Property.
This Non-Disturbance Agreement shall be binding upon and inure to the
benefit of the parties and their respective successors and assigns.
LENDER:
By:
(Lender Representative's Title)
Address:
. Attest:
. STATE OF WISCONSIN) SS
WAUKESHA COUNTY )
PERSONALLY came before me this day of , 2002 the above
named .
to me known to be the persons who executed the foregoing instrument and
acknowledged the same as representatives of (Lender)
Notary Public, Waukesha County, Wisconsin
My commission expires
CITY OF MUSKEGO
By:
Mark A. Slocomb, Mayor
By
Janice Moyer, City Clerk-Treasurer
STATE OF WISCONSIN}SS
WAUKESHA COUNTY}
. Personally came before me this day of , 2004 the above
named Mark A. Slocomb, Mayor and Janice Moyer, 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 day of , 2004.
Notary Public, Waukesha County, Wisconsin
My commission expires
.