CCR2005120.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #120-2005
APPROVAL OF AMENDMENT NO.1 TO
RETENTION POND MAINTENANCE AGREEMENT AND
STORMWATER MANAGEMENT PLAN FOR
FIRESIDE ORCHARD SUBDIVISION
WHEREAS, The Common Council approved a Retention Pond Maintenance
Agreement and Stormwater Management Plan for Fireside Orchard Subdivision on
November 3,2004 through Resolution #177-2004, as amended; and
WHEREAS, Amendment NO.1 to Retention Pond Maintenance Agreement and
Stormwater Management Plan for the Fireside Orchard Subdivision has been received;
and
WHEREAS, The Finance Committee has reviewed Amendment NO.1 to Retention
Pond Maintenance Agreement and Stormwater Management Plan for the Fireside
Orchard Subdivision and has recommended approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve
Amendment NO.1 to Retention Pond Maintenance Agreement and Stormwater
Management Plan for the Fireside Orchard Subdivision subject to approval of the City
Attorney and City Engineer.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby
authorized to sign the necessary document in the name of the City.
DATED THIS 28th DAY OF June .,2005.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Bob Melcher
Ald. Nancy C. Salentine
Ald. Eileen Madden
Deferred: 6/14/05
This is to certify that this is a true and accurate copy of Resolution #120-2005 which
was adopted by the Common Council of the City of Muskego.
LU\JA IIUN ~ \JUt<.t' - \,11 T Ut'" MU~I'\t:uU
AMENDMENT NO.1 TO RETENTION POND MAINTENANCE AGREEMENT AND STORMWATER
MANAGEMENT PLAN FOR FIRESIDE ORCHARD SUBDIVISION
. This Amendment No.1 to the Fireside Orchard Retention Pond Maintenance Agreement and
Stormwater Management Plan, made this 16th day of November, 2005 by and bl9tween Location 3 Corp
(the "Subdivider") and the City of Muskego, a municipal Gorporation of the State of Wisconsin, located in
Waukesha County, (the "City").
WITNESSETH
WHEREAS, the Subdivider previously submitted for approval by the City a Final Plat for Fireside
Orchard (the "Subdivision"), a part of the lands described as:
Being a redivision of Parcel 2 of Certified Survey map No. 9772 being a part of the Southwest ~ of
the Northeast ~ and part of the Northwest ~ of the Southeast ~ of Section 18, Township 5, North,
Range 20 East, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as
follows:
Commencing at the Northeast corner of the Southeast ~ of said Section 16; thence S87 32 43W,
along the North line of said Southeast ~, a distancE~ of 1581.62 feet to the! point of beginning;
thence N01 02 49W, a distance of 218.26 feet, thence S87 32 43W, a distance of 30.01 feet;
thence N01 02 49W, a distance of 158.26 feet; thence S87 32 43W, a distance of 877.21 feet;
thence S01 06 54E, a distance of 376.51 feet; thence S01 07 05E, a distance of 226.00 feet;
thence N87 32 43E, a distance of 906.49 feet; thence IN01 02 49W, a distance of 226.01 feet to the
point of beginning, containing 541,497 square feet or 12.4311 acres, more or le~ss.
. the Final Plat(s) of which have been recorded with the Register of Deeds for Waukesha County and a
copy of which has been filed in the Office of the City Clerk; and
WHEREAS, following approvals by the City's Engineers, the City's Public Works Committee,
Public Utility Committee, Finance Committee and the City's Plan Commission, the Common Council, on
November 3, 2004, duly approved the final plat of Fireside Orchard Subdivision contingent, in part, upon
the execution and performance of the terms and conditions stated in the Fireside Orchard Retention
Pond Maintenance Agreement and the Stormwater Management Plan by the Subdivider; and
WHEREAS, since November 3, 2004, the parties have determined that certain provisions of the
Fireside Orchard Retention Pond Maintenance Agreement and the Stormwater Management Plan as
previously approved should be amended;
NOW, THEREFORE, in consideration of the covenants stated herein, the! receipt and sufficiency
of which are acknowledged by the parties, the parties hereby modify and/or amend the November 3,
2004, Fireside Orchard Retention Pond Maintenance Agreement and the Stormwater Management Plan
as follows:
1. The sixth WHEREAS of the Retention Pond Maintenance Agreement is deleted and
replaced with the following language:
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WHEREAS, The Subdivider has established Fireside Orchard Horne Owners Association,
Inc. a non-stock corporation consisting of the owners of Parcels 11-13 in Fireside Orchard
Subdivision and Parcels 14-17 in Fireside Orchard Subdivision Addition #1 inclusive,
hereinafter referred to as the "Association", which shall become the owner of certain
outlots upon recording of the final plat and Fireside Orchard De!clarations 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
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Amendment No.1 to Fireside Orchard Retention Pond Maintenance Agreemlmt and Stormwater Management Plan
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2. Subsection six of the Retention Pond Maintenance A~lreement after "NOW
THEREFORE, in consideration of the mutual covenants and agrelements. IT IS AGREED,
as follows" is deleted and replaced with the following language:
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 Elxpenses shall be entered on the tax roll as a
special charge or special assessment against Parcels 1-1:3 in Fireside Orchard
Subdivision and Parcels 14-17 in Fireside Orchard Subdivision Addition #1 inclusive on an
equal pro-rata basis and collected with any other taxes levied thereon for the year in
which the work is completed.
3. Subsection 5 of the Section 3 of the Stormwater Management Plan attached to the
Retention Pond Maintenance Agreement is deleted and replaced with the following
language:
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The City of Muskego is authorized to perform the corrective actions identified in the
inspection report if the Association does not make the required corrections in the
specified time period. The costs and expenses shall be billed to the Association, and if
unpaid, shall be entered on the tax roll as a special assessment or special charge on an
equal basis against the residential ParcElls in Fireside Orchard Subdivision and Fireside
Orchard Addition #1 Subdivision, collected with any other taxes levied thereon for the
year in which the work is completed.
Effect of Amendment No.1
Except as hereinabove specifically amended or modified, the November 3, 2004 Fireside
Orchard Retention Pond Maintenance Agreement and the Stormwater Management Plan shall remain in
full force and effect exactly as agreed to by the parties.
Parties to the Agreement
IN WITNESS HEREOF, Subdivider has caused this Amendment NO.1 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. Location 3 Corp
By:
Shan Mason, Member
STATE OF WISCONSIN
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WAUKESHA COUNTY
SS
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Amendment No.1 to Fireside Orchard Retention Pond Maintenance Agreement and Storm water Management 1::>Ian
. PERSONALLY came before me this 16th day of November, 2005 Shan Mason, Member of
Location 3 Corp, to me known to be the person who executed the fon3going 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:
BY:
Charles Damaske, Mayor
.
BY:
Janice Moyer
City Clerk-Treasurer
STATE OF WISCONSIN)
)
W AUKESHA COUNTY)
PERSONALLY came before me this 16th day of November, 2004, the above named Charles
Damaske, 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 b~ its authority and pursuant to the
authorization by the Common Council from their meeting on the 26t day of October, 2005.
SS
Notary Public-State of Wisconsin
My Commission Expires
CERTIFICATION
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This is to certify that the foregoing is a true and correct copy of Amendment No.1 to the
November 3, 2004 Retention Pond Maintenance Agreement and the Stormwateir Management Plan for
Fireside Orchard Subdivision, Muskego, Wisconsin, as Emtered into on the 16th day of November, 2005,
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Amendment No.1 to Fireside Orchard Retention Pond Maintenance Agreement and Stormwater Management Plan
. by and between Location 3 Corp and the City Of Muskego, pursuant to the authorization by the Common
Council from their meeting on the 26th day of October, 2005.
BY THE COMMON COUNCIL
Janice Moyer, City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
This 16th day of November, 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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