CCR2005059COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #059-2005
.
APPROVAL OF CERTIFIED SURVEY MAP, SUBDIVIDER'S AGREEMENT,
AND LETTER OF CREDIT AMOUNT
Fitzpatrick
WHEREAS, A certified survey map was submitted on December 30, 2004 to finalize a four-lot
land division of the Fitzpatrick property located on Tess Corners Drive in the NE 1/4 of Section
12 (Tax Key Number 2205.990); and
WHEREAS, The Plan Commission adopted Resolution #P.C. 108-2004 recommending
approval subject to a Subdivider's Agreement being executed prior to the recording of the
certified survey map; and
WHEREAS, A Subdivider's Agreement and Letter of Credit amount have been received 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 certified survey
map to finalize a four-lot land division of the Fitzpatrick property on Tess Corners Drive in the
NE 1/4 of Section 12 subject to the conditions outlined in Resolution #P.C. 108-2004.
BE IT FURTHER RESOLVED That the Subdivider's Agreement and Letter of Credit amount, as
attached, for Tom Fitzpatrick are hereby approved subject to approval of the City Attorney, 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 this approval is subject to receipt of all fees required by
Section 18.14 of the Land Division Ordinance, any special assessments which may be due, and
approval of the City Engineer.
BE IT FURTHER RESOLVED That a digital file of this certified survey map 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 authorized to sign the
documents in the name of the City, with any technical changes or corrections to be made as
requested by the City Attorney.
DATED THIS 22nd DAY OF March ,2005
SPONSORED BY:
FINANCE COMMITTEE
Ald. Nancy Salentine
Ald. Eric Schroeder
Ald. Eileen Madden
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This is to certify that this is a true and accurate copy of Resolution #059-2005 which was
adopted by the Common Council of the City of MU~1ego,
I
3/2005jmb
Fitzpatrick CSM
Subdivider's Agreement
Document Number Document Title
Legal Description:
Being part of the NW IA and SW IA of the NE t,4 of Section 12, Town 5
North, Range 20 East. City of Muskego, Waukesha
County, Wisconsin, further described as fö)]ows: Commencing
at the NE comer of said NE IA; Thence with the North Line of
said NE IA S87014'28"W, a distance of 1932.71' to a point;
Thence SOI~2'18"E, a distance of 337.02' to a point on the
centerline of Tess Comers Drive being the Point of Beginning;
Thence SOI~2'18"E, a distance of 394.98' to a point; Thence
N88"37'42"E, a distance of 155.00' to a point; Thence
SOI~2'18"E, a distance of 150.23' to a point; Thence
S78"34' 19"E, a distance of 68.36' to a point on the centerline
of and un-named stream; Thence with said centerline
S30~5'38"W a distance of 107.94' to a point; Thence
S34045, 10"W, a distance of 36.76' to a point; Thence
SOI~2' 18"E, a distance of 621.66' to a point; Thence
N87019'34"E, a distance of 421.43' to a point; Thence
NOIOI7'22"W, a distance of 1105.93' to a point on the
Centerline of Tess Comers Drive; Thence with said centerline
N61026'44"W, a distance of 95.03' to a point; Thence
N75OIO'l2"W, a distance of 503.65' to the Point of Beginning.
Said parcel contains 12.63 Acres.
Recording Area
Name and Return Address
City of Muskego
Planning Dept.
P.O. Box 749
Muskego, WI 53150
Tax Key No. 2205.990
This infonnation must be completed by the submitter: document title. name & return address. and PIN (if required). Other infonnation such as the
granting clauses, legal description, etc. may be placed on this first page of the document or may be placed on additional pages of the documenL
Note: Use of this cover page adds one page to your document and $2.00 to the recordine: fee.. Wisconsin Statutes. 59.517. WRDA 2J96
TOM FITZPATRICK - CITY OF MUSKEGO
FITZPATRICK CSM SUBDIVIDER'S AGREEMENT
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This Agreement, made this 131h day of May 2005 by and between Tom Fitzpatrick (the RSubdividern) and
the City of Muskego, a municipal corporation of the State of Wisconsin, located in Waukesha County, (the
nCityR).
WITNESSETH
WHEREAS, the Subdivider has submitted for approval by the City a Certified Survey Map for Tom
Fitzpatrick (the "Subdivision"), a part of the lands described as: ..
Being part of the NW ~ and SW ~ of the NE 14 of Section 12, Town 5 North, Range 20 East, City of Muskego,
Waukesha County, Wisconsin, further described as follows: Commencing at the NE corner of said NE ~;
Thence with the North Line of said NE 14 S8J014'28"W, a distance of 1932.71' to a point; Thence S01022'18"E,
a distance of 337.02' to a point on the centerline of Tess Corners Drive being the Point of Beginning; Thence
S01022'18"E, a distance of 394.98' to a point; Thence N88037'42"E, a distance of 155.00' to a point; Thence
S01022'18"E, a distance of 150.23' to a point; Thence S78034'19"E, a distance of 68.36' to a point on the
centerline of and un-named stream; Thence with said centerline S30o25'38"W a distance of 1 07.94' to a point;
Thence S34045'10"W, a distance of 36.76' to a point; Thence S01022'18"E, a distance of 621.66' to a point;
Thence N87019'34"E, a distance of 421.43' to a point; Thence N01017'22"W, a distance of 1105.93' to a point
on the Centerline of Tess Corners Drive; Thence with said centerline N61026'44"W, a distance of 95.03' to a
point; Thence N75010'12"W, a distance of 503.65' to the Point of Beginning.
Said parcel contains 12.63 Acres.
the CSM(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
WHE~EAS, 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 certified survey map of the Fitzpatrick property contingent in part upon the execution and
performance of this Agreement by the Subdivider.
NOW, THEREFORE, In consideration of the covenants herein contained, the parties hereto agree as follows:
SECTION I: PLATTING
1. This Subdivider's Agreement addresses the development of 4 parcels platted for single family residential
use, all being under the Provisions of Chapters 17 and 18 of the Municipal Code, and under the auspices
of the RS-2 Suburban Residence District zoning.
a) Single family parcels in this CSM shall conform to the zoning requirements of RS-2 Suburban
Residence District, being a minimum of 20,000 square feet in area per unit, having street yard setbacks
. of 40 feet, side and rear yard offsets of 15 feet on one side and 20 feet on all other sides.
2. Subdivider shall entirely at its expense:
a) Within fourteen (14) days after approval of this Agreement by the Common Council, the Subdivider
.
shall execute this Agreement shall cause this Agreement to be recorded at the Waukesha County
Register of Deeds and shall provide City with evidence of recording.
b) Within fourteen (14) days after approval by all approving authorities and waiver of objection by all
objecting authorities, the Subdivider shall cause the CSM to be executed and recorded, and shall
provide City with evidence of recording.
c) Upon execution of this Agreement tender an Irrevocable Standby Letter of Credit in the amount
required herein for the construction of the Subdivision. No construction activity may commence until
this Agreement has been executed and recorded, and the Letter of Credit has been tendered.
d) Place and install monuments required by State Statute or City Ordinance.
SECTION II : PHASING
1. Subdivider and the 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:
A. SANITARY SEWER:
1. Construct, install, furnish, and provide without cost to the City, a complete sanitary sewage collection
system throughout the entire Subdivision, and including off site improvements necessary to provide such
system, as approved by the Director of Engineering and Building and the Public Utilities Committee on
March 21, 2005, all in accordance with the plans, specifications and drawings on file in the City Building
and Engineering Department.
.2. Complete, to the satisfaction of the Director of Engineering and Building, any remaining punch list items
concerning the Sanitary Sewer System prior to the connection of any structure to the sanitary sewer
systems.
3. Televise the sanitary sewer system, repair any defects as determined by the Director of Engineering and
Building, and supply video tape to the City of Muskego, and clean all sewer lines prior to the issuance of
building permits, and acceptance of improvements by the City.
SECTION IV: TIME OF COMPLETION OF IMPROVEMENTS
The improvements set forth in Section III above 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. If the installation of
improvements 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. If the City receives notice of the intention to
terminate the Letter of Credit prior to completion of the improvements such notice shall be considered a failure
to complete improvements in accordance with this agreement and' shall entitle the City to immediately draw
against the Letter of Credit.
SECTION V : AS-BUILT CONSTRUCTION PLANS
Subdivider authorizes the City to prepare all necessary as-built construction plans for improvements to be
dedicated to the City. Subdivider agrees to reimburse the 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 the 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 the City. Subdivider agrees to reimburse the City for all costs incurred in said
conversions and the 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 improvements described above in Section"', unconditionally give, grant, convey and fully
dedicate the sanitary sewers 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,
pipe 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.
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.
.
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 bé 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; and 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 VII: INSPECTION AND ADMINISTRATIONS FEES
SECTION XIII: GENERAL CONDITIONS AND REGULATIONS
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
.e Subdivider shall guarantee the public sanitary sewer improvements and all other improvements describe(
.
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 any
such action.
SECTION X : GENERAL INDEMNITY
81n 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 the 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.
.
.
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.
indemnification for Environmental Contamination. The Subdivider shall indemnify, defend, and hold
the 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.
c)
d) Subdivider shall, at its expense, obtain and carry comprehensive general liability insurance with
combined single limits of at least One Million Dollars ($1,000,000.00) for one person and at least Five
Million Dollars ($5,000,000.00) per occurrence, and at least One Million Dollars ($1,000,000.00)
.
property damage (or such higher amounts as the City shall from time to time deem reasonable). Such
policy shall cover both Subdivider and the City and its agents, employees, and officials, and all insurers
shall agree not to cancel or change the same without at least thirty (30) days written notice to the City
A certificate of Subdivider's insurance shall be furnished to the City upon execution of this Agreement.
Each such policy shall provide that no act or default of any person other than the City or its agents shall
render the policy void as to the City or effect the City's right to recover thereon.
SECTION XI: AGREEMENT FOR BENEFIT OF PURCHASERS:
The Subdivider shall agree that in addition to the City's rights herein, the provisions of this Agreement shall be
for the benefit of the purchaser of any lot or any interest in any lot or parcel:of land in the Subdivision. Further,
that the sale of any lot or parcel shall not re!ease the Subdivider from completing the work provided for under
this Agreement, by applicable Ordinances and as set forth in the plans and specifications on file in the City
Building and Engineering Department.
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.
. Cooperate with the Subdivider in obtaining similar permits, resolutions and documents as may bl
necessary from other authorities having jurisdiction in the premises.
4. Make available to the Subdivider or its nominee, successors or assigns, permits for the construction of
single family residences on the 4 parcels platted for single family residential' use subject to the provisions of
Section XIV and this Agreement.
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 facilities required to serve such homes are connected with an operational system as
required herein, 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.
SECTION XIV: FINANCIAL GUARANTEES:
. lETTER OF CREDIT: Concurrent with the execution of this Agreement by the City, the Subdivider shall file
with the City a letter of Credit setting forth terms and conditions approved by the City Attorney and Finance
Committee on March 22, 2005 in the amount of $38,040.00 as a guarantee that the required plans,
improvements, and improvements will be completed by the Subdivider and his subcontractors no later than
one (1) year from signing of the Agreement, except if another date is provided within this Agreement and
as a further guarantee that all obligations to the subcontractors for work on the Subdivision are satisfied.
.' 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 the subject of the 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 $5,000.00 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 all notice and hearing requirements and consent to all special
assessment proceedings as provided in Section 66.0703(7)(b), 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 its engineers, or its attorney, or its staff may approve a specific project shall not constitute a waiver, or
relieve the Subdivider from ultimate responsibility for the design, performance, and function of the
Development and related infrastructure.
SECTION XVI: AMENDMENTS AND ASSIGNMENT:
Subdivider shall not assign this Agreement without the written consent of the City. The City and the Subdivider,
by mutual consent, may amend this Agreement, by written agreement between the City and the Subdivider.
SECTION XVII: 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
To Subdivider:
Tom Fitzpatrick
632 Viewcrest Terrace
Burlington, WI 53105
W182 88200 Racine Avenue
Muskego, WI 53150-0749
(262) 679-4136
.2) 679-5614 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, facsimile transmission, or
electronic mail.
(262) 534-2413
(262) 534-4383 facsimile
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 notiee may constitute a default by the
party.
.
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SECTION XVIII: PARTIES TO THE AGREEMENT
IN WITNESS HEREOF, Subdivider has caused this Agreement to be signed by its appropriate officers and
~heir seals to be hereunto affixed in duplicate original counterparts on the date and year first written above. .
A. TOM FITZPATRICK
By:
Tom Fitzpatrick, Developer
STATE OF WISCONSIN )
)
)
SS
WAUKESHA COUNTY
PERSONALLY came before me this 13th day of May, 2005 Tom Fitzpatrick, Developer, to me known to be the
person who executed the foregoing instrument and acknowledged the same.
Notary Public-State of Wisconsin
My Commission Expires
IN WITNESS HEREOF, the 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:
8Y:
. Mark A. Slocomb, Mayor
BY:
Janice Moyer, City Clerk-Treasurer
STATE OF WISCONSIN )
)
W AUKESHA COUNTY )
SS
PERSONALLY carrie before me this 13th day of May, 2005, the above named Mark A. Slocomb, Mayor, and Jill
Blenski, Acting City Clerk-Treasurer of the City of Muskego, to me known to be the persons executed the
foregoing instrument, and to me known to be such Mayor and City Clerk-Treasurer of said municipal
corporation, and acknowledged that they executed the foregoing instrument as such officers as the deed of
said municipal corporation by its authority and pursuant to the authorization by the Common Council from their
meeting on the 2200 day of March, 2005.
Notary Public-State of Wisconsin
My Commission Expires
.
CERTIFICATION
This is to certify that the foregoing is a true and correct copy of the Subdivider's Agreement for the Fitzpatrick
8M, Muskego, Wisconsin, as entered into on the 13th day of May, 2005, by and between Tom Fitzpatrick anc.
City Of Muskego, pursuant to the authorization by the Common Council from their meeting on the 2200 day
of March, 2005.
BY THE COMMON COUNCIL
..
Janice Moyer, City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
This 13th day of May, 2005.
My commission expires
This instrument drafted by Jeff Muenkel, Director of Planning
City of Muskego PO Box 749 Muskego, WI 53150
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PUBLIC IMPROVEMENT COST BREAKDOWN
FITZPATRICK CSM
Beg. Bal ADJ. BAL.
#1 ROAD CONSTRUCTION
a. Excavation to subgrade $0.00 $0.00
. b. Stone base material $0.00 $0.00
c. Bituminous base course pavement $0.00 $0.00
d. Bituminous surface course pavement $0.00 $0.00
e. Concrete pavement $0.00 $0.00
f. Other (Adjust Castings) $0.00 $0.00
g. Engineering Inspections $0.00 $0.00
$0.00 $0.00 $0.00
#2 SITE GRADING-LANDSCAPING
a. Lot grading $0.00 $0.00
b. Drainage ditch construction $1,500.00 $1,500.00
c. Retention pond construction $0.00 $0.00
d. Parking area construction-inc1 pavement $0.00 $0.00
e. Tree & shrub plantings $0.00 $0.00
f. Landscaping as specified by City $0.00 $0.00
g. Erosion control $300.00 $300.00
h. Engineering Inspections $250.00 $250.00
i. Other $0.00 $0.00
$2,050.00 $0.00 $2,050.00
#3 TOPSOIL, SEEDING/SODDING
a. Road ditch area $500.00 $500.00
b. Terrace areas - in ROW $500.00 $500.00
c. Drainage ditches $0.00 $0.00
. d. Retention ponds $0.00 $0.00
e. Areas as specified by City $0.00 $0.00
f. Engineering Inspections $250.00 $250.00
g. Other $0.00 $0.00
$1,250.00 $0.00 $1,250.00
#4 CONCRETE IMPROVEMENTS
a. Curb & Gutter $0.00 $0.00
b. Sidewalk $0.00 $0.00
c. Blvd.ltraffic islands $0.00
. $0.00
d. Ditch inverts $0.00 $0.00
e. Engineering Inspections $0.00 $0.00
f. Other $0.00 $0:00
$0.00 $0.00 $0.00
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Page 1 of 2
PUBLIC IMPROVEMENT COST BREAKDOWN
FITZPATRICK CSM
Beg. Bal ADJ. BAL.
#5 SANITARY SEWER SYSTEM
. a. Mains,risers & Manholes $22,940.00 $22,940.00
b. Laterals $6,300.00 $6,300.00
c. Dumping station & Generator $0.00 $0.00
d. Force main $0.00 $0.00
e. Grinder pumps &chamber-indiv dwelling $0.00 $0.00
f. Engineering Inspections $2,200.00 $2,200.00
g. Other $0.00 $0.00
$3 I ,440.00 . $0.00 $3 I ,440.00
#6 WATER MAIN SYSTEM
a. Mains, valves & manholes $0.00 $0.00
b. Hydrants & leads $0.00 $0.00
c. Water services $0.00 $0.00
d. Well & pumphouse $0.00 $0.00
e. Engineering Inspections $0.00 $0.00
f. Other $0.00 $0.00
$0.00 $0.00 $0.00
#7 STORM SEWER SYSTEM
a. Mains & manholes $0.00 $0.00
b. Catch basins & leads $0.00 $0.00
c. Culverts $0.00 $0.00
d. Drain tile $0.00 $0.00
e. Headwalls/discharge structures $0.00 $0.00
. f. Engineering Inspections $0.00 $0.00
g. Other $0.00 $0.00
$0.00 $0.00 $0.00
#8 SPECIAL/MISC IMPROVEMENTS
a. Street lights $0.00 $0.00
b. Street signs $0.00 $0.00
c. Signs as specified by City $0.00 $0.00
d. Erosion Control/V egetation Retainage $500.00 $500.00
e. Other' $0.00 $0.00
$500.00 $0.00 $500.00
#9 FEES
a. City administration $0.00 $0.00
b. Eng. inspections (req for all LOC) $500.00 $500.00
c. Engineering-as built drawmgs for w/s $2,300.00 $2,300.00
d. Legal $0.00 $0.00
e. Land acquisition $0.00 $0.00
f. Other $0.00 $0.00
$2,800.00 $0.00 $2,800.00
TOTAL PROJECT ESTIMATE $38,040.00 $0.00 $38,040.00
LETTER OF CREDIT AMOUNT
. Engmeering**Total engmeermg Costs mcluded $5,500.00
in total Project Estimate**
Page 2 of 2
.
.
BADGER
BWEJ'IUNT
COMPANY, INC.
(262) 542-8200
lfîi\ ~ Ii; ~ R W ~ ~l
!~lFEB I~~_ID'
t C' ,. tI""".r.:. . A..Uc.:KL..'.,,- , " ,-..;... "'. :.\',--.:-~-,::-_::..::---_.... ... -" CERTIFIED SURVEY MAP NO.
PART OF THE NW"4 AND SWI'4 OF THE NE"4 OF
SECTION 12. TOWN 5 NORTH. RANGE 20 EAST. CITY
OF MUSKEGO. WAUKESHA COUNTY. WISCONSIN.
~
~
BASIS OF BEARING- THE NORTH
LINE OF THE NEI'4 OF
SEC. 12-5-20 WAS TAKEN TO BEAR
S87'14'28.W WISCONSIN STATE
PLANE COORDINATE SYSTEM.
SOUTH ZONE.
NOTES:
1. WETLANDS DELINEATED
200 BY RSV ENG. INC. 512/04.
I 2. ORDINARY HIGH WATER
MARK DETERMINED BY
DNR 7/7/04.
LEGEND
[g{ ~ - ~ CURRENT ZON I NG
( L 1 ) TANGENT-SEE TABLE
. 1"IRON PIPE FOUND
1.0S"X18"IRON PIPE
SET. 1.13LBS/L.F.
SOIL TYPE/DEL)NEATION
RECORDED AS
XISTING.
DRIVEWAY
W,"+FROM
c.o LOT LINE
10
...
8!A
11'x24'
GREENHOUSE
TO BE REMOVED
...,,\~\tH~~;~I#'.R
.." 'C""'O'fiu! /'", ..
-
"'\ ....'"' u!lJ' "'"
..." "" """"""'...,:'11 "
:: -,., ."
'1"
::.' .... :: ~~. A H \-{:rS ::*: V : :: - : . :: - , t
- ...~ p;NAGO.! '.~ ~l ./1::2-' ~ - '.' II' '> >;,'<1.
I
.....' ~...) .~.. -:"" . 't) ;;"'J~ o~:::
'~l', SU.' .0"\' 'I'!,'R H 0:;:" ~)'."
OWNER:
THOMAS J.& CARRIE FITZPATRICK
S72 W12955 TESS CORNERS DR. MUSKEGO. WI 53150
SURVEYOR:
. RSV ENGINEERING. INC. 801 MA I N STREET
MUKWONAGO. WI 53149
INSTRUMENT DRAFTED BY PAUL H. VAN HENKELUM
801 MAIN STREET. MUKWONAGO. WI 53149
REV. 2/10/05
REV. 2/2/05 DATE: 12/29/04 SHEET 1 OF 6
RSV#04098
.
.
.
BADGER
BWEl'JUNT
COMPANY, INC.
(262) 542-8200
FORM BBG-IOI
CERTIFIED SURVEY MAP NO.
PART OF THE NW'/4 AND THE SW'/4 OF THE NE'/4 OF SECTION 12. TOWN 5 NORTH. RANGE 20 EAST. CITY OF MUSKEGO.
WAUKESHA COUNTY. WISCONSIN.
LEGEND ~
I (1) 530'25'38"W 107.94 (2) 534'45'10"W 36.76 (3) N30'25'38"E 50.90
(II) N30.34'59"E 59.42 (5) 561'26'44"E 32.33
(6) 530'25'37"W 39.28
0 100 200
~ I
SCALE 1" = 100'.'
TANGENT TABLE
NO. DI5TANCE BEARING
IFJ~-~ CURRENT ZONING
~ SOIL TYPE/DELINEATION
---~--- WETLANDS
.
[fJ~ -~
INSTRUMENT DRAFTED BY PAUL H. VAN HENKElUM
801 MAIN STREET. MUKWONAGO. WI 53149
REV. 2/10/05
REV. 2/2/05 DATE 12/29/04
SHEET 2 OF G
RSV#04098
BADGER
BWEJ'IUNT
COMI'ANY, INC.
(262) 542-8200
FORM BBC-101
-
. CERTIFIED SURVEY MAP NO.
PART OF THE NWI/4 AND THE SW'/4 OF THE NE'/4 OF SECTION 12.
TOWN 5 NORTH. RANGE 20 EAST. CITY OF MUSKEGO.
WAUKESHA COUNTY. WISCONSIN.
LEGEND
~ ~ - ~ CURRENT ZON I NG
lOT 2
~ SOIL TYPE/ÒELINEATION
---~--- WETLANDS
. 1"IRON PIPE FOUND
1.05"X18"IRON PIPE
SET. 1.13LBS/L.F.
TANGENT -SEE TABLE
"
(L1 )
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Dt I
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0 1100
1'\I'J'.8."\.I
SCALE ,. ~ 100'
~
.
.
.
------- . ~~-~ _~E,=-Al!.E1U=_Al>IQ~ REV. 2/10/05
REV. 2/2/05 DATE 12/29/04
SHEET 3 OF 6
RSV#04098
INSTRUMENT DRAFTED BY PAUL H. VAN HENKELUM
801 MAIN STREET. MUKWONAGO. WI 53149
BADeEII
BLUEPRINT
COMI'ANY, INC,
(262) 542-8200
FORM BBC-IOI
.
.
.
CERTIFIED SURVEY MAP NO.
PART OF THE NW'/o1 AND THE SWI/o1 OF THE NEI/o1 OF SECTION 12. TOWN 5 NORTH. RANGE 20 EAST. CITY OF MUSKEGO.
WAUKESHA COUNTY. WISCONSIN.
I
I I
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I I t
I / / J' --r-J I ~
I ----- I I oJ
!!ss cao..: - ..j I ~
--.....~I!S --- ~
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"
LOT 1
bJ 0
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I
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,
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LOT 2
~ .. Jj
:;!W
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"'.
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,... ':i \ ~"þ
...1
..' ...,
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l29 L28 l27 l26 !-!~!
6.:-_--..-_n';:--"T-""~ ..
l"j..-/~"j p~
LOT 4
0 150 300
~ I
SCALE 1. = 300'
INSTRUMENT DRAFTED BY PAUL H. VAN HENKELUM
801 MAIN STREET. MUKWONAGO. WI 53149
WETLAND TANGF~T TABLE
NO. BEARING DI51 ANCE
LI 519 '15' 21'11 16.31'
L2 525'36'06'W 39.56'
L3 524 '2B' 13'W 65.46'
L4 523 '46'05'11 53.67'
L5 525'16'15"11 49,41'
L6 522'11 . 27"W 47.10'
L7 529 '19' 42'W 56.43'
LB 530'03'30'W 60.7B'
L9 520'45' 06'W 44.56'
LIO 526 '43 '13'W 54.71'
LII 534'OB'57"W 23.45'
LI2 Nti6 '50' 27"W 40.53'
LI3 N67"34'52'1I 47.03'
LIB 509'12'15'11 50.10'
LI9 505 '51' 47"11 40.49'
L2O 501 '21 ' 14 'E 43.17'
L21 514 '10' 19'E 43.09'
L22 5BB 'OO'59'E 16.16'
L23 503 '43' 43'E 45.52'
L24 500 '46' 46-E 51. 09 '
L25 580 '35'05'11 43.93'
L26 584 '09'29'N 56.36'
L27 N84 '54 'I3'N 57.79'
l2B NB9 '10' 57"11 71.02'
L29 582 '21' OO'N 33.68'
l30 557"59'04'11 6B.62'
L31 576'40' 46'11 45.43'
l32 587'13'30'11 50.20'
L52 N56 '16' 33'E 57.32'
l53 NOS '35' 23'E 49.53'
L54 N06'I5'36'E 31. 66'
L55 N04 '40'19'E 40.15'
L56 N07"36 , 27"E 44.64'
L57 N03 'OS' 41'E 45.70'
L58 N31'35'21'E 24.14'
L59 N23 '32' 49'E 56.35'
L60 N26 '36' 26'E 57.78'
L61 N26'36'38'E 56.96'
L62 N25'2Q'32'E 62.76'
L63 N24 '17' 13'E 77.62'
l64 N22 '41' 03'E 66.00'
L65 N24 '06' 47"E 37.07'
L66 N24 'II' 36'E 55.79'
L67 574 '16' 41'E 50.04'
L68 567'03' 56 'E 29.65'
l69 N66 '29' 46'E 35.46'
L70 N63'50'32'E 16.50'
L71 N75 '43'37"E 2B.73'
L72 N56'09'OO'E 19.09'
L73 NIO '01' 42'11 15.32'
L74 NOB '29' 26'11 34.55'
L75 SBO '29' 37" II 6.15'
L76 SOl "53'02'11 30.14'
L77 N69'I9'05'II 33.09'
L7B N71"57' 20'11 52.99'
L79 N72 '07' 41'11 52.15'
LBO NB5 "50' 57" N 17.53'
LBI 504 "59'55'11 46.66'
L82 501 '34' 12'E 31. 04'
REV. 2/10/05
REV. 2/2/05 DATE 12/29/04 SHEET 4 OF 6
RSV#04098