CCR2007076.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #076-2007
APPROVAL OF CERTIFIED SURVEY MAPS,
SUBDIVIDER'S AGREEMENT AND LETTER OF CREDIT
Timothy Baseler
WHEREAS, A certified survey map was submitted on January 18, 2007 to finalize a
four-lot land division of the Timothy Baseler property located on Crowbar Drive in the
NW 1/4 of Section 7 (Tax Key No. 2186.998); and
WHEREAS, Another certified survey map was submitted on January 18, 2007 to finalize
a two-lot land division, which is a redivision of Lot 4 of the first certified survey map; and
WHEREAS, The Plan Commission adopted Resolutions #P.C. 015-2007 and #P.C.
016-2007 recommending approval; and
WHEREAS, A Subdivider's Agreement and Letter of Credit have been received in
conjunction with the two certified survey maps; and
WHEREAS, The Finance Committee has reviewed the Subdivider's Agreement and
Letter of Credit and 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 maps to finalize a four-lot land division and two-lot land division of the
Timothy Baseler property located on Crowbar Drive in the NW 1/4 of Section 7 subject
to the conditions outlined in Resolution #P.C. 015-2007 and #P.C. 016-2007.
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, payment of any unpaid taxes, approval of the City Engineer.
BE IT FURTHER RESOLVED That a digital file of this certified survey maps shall be
submitted to the City in accordance with Common Council Ordinance #1118 and
Resolution #196-2002.
BE IT FURTHER RESOLVED That the Subdivider's Agreement and Letter of Credit for
the Baseler property, 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 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.
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Reso. #076-2007
DATED THIS 10th DAY OF April ,2007.
SPONSORED BY:
Ald. Chris Buckmaster
FINANCE COMMITTEE
Ald. Nancy Salentine
Ald. Eileen Madden
Ald. Neil Borgman
This is to certify that this is a true and accurate copy of Resolution #076-2007 which
was adopted by the Common Council of the City of Muskego.
4/2007jmb
Am~5
. CERTIFIED SURVEY MAP NO.
BEING APART OF THE NW 74 OF THE NW 74 OF SECTION 7, TSN, R20E, IN
THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN
.
UNPLATIE!2-L61::!D2.
CROWBAR DRIVE
- WË5TÜÑENW1/4SEC.7:S:-20- -
NOoo48'07"W 596.45'
-
-
SONOMA PARK
\- 21- -- I
J NOO.48~~:W Ji:.
2076.12'
SW CORNER OF
NW X SEe 7, T5N, R20E
6"x6" CONe MON.
W /BRASS CAP V1
N 336,300.93
E 2,485,154.20
~NW CORNER OF
NW X SEe 7, TSN, R20E
6"x6" CONe MON
W/BRASSCAP 12 N 338,973.02
\;;! E 2,485,116.BO
GROUNDWATER RECHARGE
EASEMENT (SEE SHEET 2 OF 4)
z
l BulliJiÑG SETBACK:
r STREET = 50'
~ SIDE & REAR = 40'
~ NOTE:
>-" EXISTING GARAGE TO
";;;: REMOVED WITHIN 6 MONTHS
~OF RECORDING OF THIS MAP.
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Groundwater Recharge Easement Restrictions :t.
Those areas or land identified as groundwater recharge easement
areas on this Certified Survey Map shall be subject to the following
restrictions
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~ I. Grading and filling are prohibited unless approved by the City
of Muskego
2. Construction or buildings within the easement area is
prohibited.
3. Ponds may be permitted subject to approval of theOry of
Muskego.
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It shall be the responsibility of the landowner upon whose property
a groundwater recharge easement lies to maintain the easement
area in an unobstructed condition so as to maintain its intended
purpose. The landowner grants to the City the right (but not the
responsibility) to enter the easement area for the purposes o(
inspection. repair or restoration of said area to maintain its
intended purpose. Expenses incurred by the City (or inspection.
repair or restoration of said easements may be placed against the
tax roll for the affected properties and collected as a special charge
by theOty.
106.35
125'WlDEWE
ENERGIES EASEMENT
363.78
VICINITY SKETCH
NW Y. SEe 7.5.20
S00045'49"E
JdNP...1AJ1EQ.LA~~
EAST LINE NW 1/4 OF THE NW 1/4 SEe. 7.5.20
NOTES:
1) o. DENOTES 1.05"xIB" IRON PIPE 1.13 LBS. PER LINEAL FOOT SET AT ALL
LOT CORNERS UNLESS NOTED OTHERWISE.
2) BEARINGS REFER TO THE WISCONSIN STATE PLANE CO-ORDINATES
SYSTEM SOUTH ZONE
NOTE:
THE RESIDENTS OF JAMES COURT ARE FULLY
RESPONSIBLE FOR THE MAINTENANCE OF THE DITCHES
AWNG SAID STREET.
GRAPHIC SCALE
(SCALE: l' = 200~
THERE SHALL BE NO DIRECT VEHICULAR TO CROWBAR
DRIVE FROM ANY LOTS ON THIS CERTIFIED SURVEY MAP.
.
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0' 100' 200'
PREPARED FOR:
TIMOTHY. J. BASELER
S74 Wl7396 LAKE DRIVE
MUSKEGO, WI. 53150
PREPARED BY:
CHRISTOPHER J. KUNKEL 5-1755
EDGEWOOD ENGINEERING GROUP, INe.
571 W23325 NATIONAL AVE. SUITE 5
BIG BEND, WISCONSIN 53103
I
800'
LOT 4 MAY CONTINUE TO USE THE EXISTING GRAVEL
DRIVE TO CROWBAR DRIVE UNTIL SUCH TIME THA T A
NEW HOME 15 BUILT ON SAID PARCEL
400'
NOTE:
THE ONLY TREES THAT SHOULD BE
REMOVED FROM THE PROPERTIES ARE
THOSE THAT ARE MINIMALLY
NECESSARY FOR CONSTRUcrION.
BASEMENT RESTRICTION-GROUNDWATER
ALTHOUGH ALL LOTS IN THE PLAT HAVE BEEN Rt.VIEWED AND
APPROVED fOR DEVELOPMENT WITH S INGLE-FAMIt.Y RES I Df.NT I Ar,
USE IN ACCORDANCE: WITH SECTION 236 WISCONSIN STATUTES.
SOME LOTS MAY CONTAIN SOIL CONDITIONS WHICH MAY REQUIRE
A.DDITIONAL SOIL E:NGINEE:RING AND FOUNDATION DESIGN WlTH
REGARD TO BASE:MENT CONSTRUCTION. IT IS RECOMMF:NDEO
THAT EITHER A LICENSED PROfESSIONA1. ENGINEER OR OTHrR
SOILS EXPERT DESIGN A BASEMENT AND FOUNDATION WH1CH wr I,]
BE SUITABLE TO WITHSTAND THE', VARIOUS PROBLEMS ASSQcrATFn
WITH SATURATED SOIL CONDITIONS ON BASr.MENT wAL.LS OR fLOORS
OR THAT SPECIAL MEASURES BE TARt,N. SOIL CONDITIONS SH(\1J],n
BE SUBJECT TO EACH OWNERS SPECIAL INVESTIGATiON PPIOR Tll
CONSTRUCTION AND NO SPECIfIC REPRESENTATION IS MADl I1rR~:rN EDGEWOOD ENCINEERINC
CROUP INC. SHEET 1 OF 4
THIS INSTRUMENT DRAFTED BY CHRISTOPHER J. KUNKEL S-1755
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APR-5
. CERTIFIED SURVEY MAP NO.
SCALE:
1" = 200'
BEING A REDlVISION OF LOT 4 OF CERTIFIED SURVEY MAP NO.
BEING A PART OF THE NW Y. OF THE NW Y. OF SECTION 7, T5N, R20E, IN
THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN
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_______________ _______L___J S 0045'49 E ;S Groundwater Recha~e Easement Restrictions
106.35' .YM!-~rr~~ ~12~ Those "... of land ;dentified.. groundwate, ,,,,h"ge ea~men'
EASf LINE NW 1/4 OF THE NW 1/4 SEe. 7-5-20 ~::~c~:~:s Certified Survey Map shall be subject to the following
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VICINITY SKETCH
NW y.. SEe. 7 -S-20
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EXIST. C/\ RACE-
(FLR. :.c. 9~S.H)
(1.106 S,F.)
BUILDING SETBACK:
STREET = 50'
SIDE & REAR = 40'
VISION CORNER EASEMENT
The height of all plantings, berms, fences, signs or other
structures within the vision comer easement is Ii to
24 inches above the elevation of the center 0
No access to any roadway shall be permitt
vision corner easement.
125'WIDEWE
ENERGIES EASEMENT
NOTES:
1)0- DENOTES 1.05"xI8" IRON PIPE 1.13 LBS, PER LINEAL FOOT SET AT ALL
LOT CORNERS UNLESS NOTED OTHERWISE.
2) BEARINGS REFER TO THE WISCONSIN STATE PLANE CO-ORDINATES
SYSTEM SOUTH ZONE
3) THERE SHALL BE NO DIRECf VEHICULAR TO CROWBAR DRIVE FROM ANY
LOTS ON THIS CERTIFIED SURVEY MAP,
GRAPHIC SCALE
(SCALE: l' = 200')
1. Grading and filling are prohibited unless approved by the City
of Muskego.
2. Construction of buildings within the easement area is
prohibited.
3. Ponds may be permitted subject to approval of the City of
Muskego.
.
PREPARED FOR:
TIMOTHY. J. BASELER
S74 Wl73% LAKE DRIVE
MUSKEGO, WI. 53150
PREPARED BY:
CHRISTOPHER). KUNKEL 5-1755
EDGEWOOD ENGINEERING GROUP, INC.
S71 W23325 NATIONAL AVE. SUITE 5
BIG BEND, WISCONSIN 531æ
NOTE:
THE RESIDENTS OF JAMES COURT
ARE FULLY RESPONSIBLE FOR
THE MAINTENANCE OF THE
DITCHES ALONG SAID STREET.
It shall be the responsibility of the landowner upon whose property
a groundwater recharge easement lies to maintain the easement
area in an unobstructed condition so as to maintðin its intended
purpose. The landowner grants to the City the right (but not the
responsibility) to enter the easement area for the purposes of
inspection, repair or restoration of said area to maintain its
intended purpose. Expenses incurred by the City for inspection,
repair or restoration of said easements may be placed against the
tax roll for the affected properties and collected as a special charge
by the Oty.
BASF.HENT RESTRICTION-GROtJNOWATER
ALTHOUGH ALL LOTS IN THE PLAT HAVE BEEN REVIEWED AND
APPROVED FOR DEVELOPMENT WITH SINGLE-FAMILY RE:SIDENTlAL
USE IN ACCORDANCE WITH SECTION 236 WISCONSIN STATUTES,
SOME LOTS MAY CONTAIN SOIL CONDITIONS WHICH MAY REQUIRE
ADDITIONAL SOlL ENGINEERING AND FOUNDATION DESIGN WITH
REGARD TO BASEMENT CONSTfHJCTION. IT IS RECOMMENDED
THAT EITHER A LICENSED PROfESSIONAL ENGINEER OR OTHER
SOILS EXPERT DESIGN A BASEMENT AND fOUNDATION WHICH WT"I
BE SUITABLE TO WITHSTAND THE VARIOUS PROBLEMS ASSOCTATF.D
WITH SATURATED SOIL CONDITIONS ON BASEMENT WALLS OR F"LOORS
OR THAT SPECIAL MEASURES BE TAKEN. SOIl. CONDITIONS SHOUI.I)
BE SUBJECT TO EACH OWNERS SPECIAl, INVESTIGATION PR10R Tn
CONSTRUCTION AND NO SPECIF"IC REPRESENTATION IS MADE Hf.fH:IN
SHEET 1 OF 4
THIS INSTRUMENT DRAFTED BY CHRISTOPHER J. KUNKEL S.1755
IJ,'IJAl,.l((1Ho' COJNT"',IJAU-'~l CSfI CII'OV~ ,n - Il'IJ ll(1I(. TY\""Q'IJI'l)-5~1 $(CCJo<O CPO CI!(lV'-""l qo.o.Ð .. QIJ Ilt.... r<'''''1l .rV<!ð(l} ,..'J.,,~..... 0'
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800' 0'
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100' 200'
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400'
EDGEWOOD ENGINEERING
GROUP INC.
c::ivil ~""'inQ lond lI.....v\")'ÌnQ .."'.. p4.~ HI W233l' MUIQHIot. "vt. STE. 5 8lC. leND VISCQNSIH 'JIOJ
<l(K>66Z-5O!R ro. (~>662-5012
Baseler CSM - DRAFT
Subdivider's Agreement
Document Number Document Title
Legal Descriptions:
Being a part of the Northwest % of the Northwest % of Section 7,
Town 5 North, Range 20 East, in the City of Muskego, Waukesha
County, Wisconsin, bounded and described as follows:
CSM#1
Commencing at the NW corner of said NW 1/4 of said Section 7,
said point being the POINT OF BEGINNING; THENCE N86043'54"E
along the north line of the NW 1/4 of said Section 7, 1,316.16 feet;
THENCE SOoo45'49"E along the east line of said NW 1/4 Section 7,
544.66 feet; THENCE S86043'55'W, 657.44 feet; THENCE
SOoo38'46"E, 37.48 feet; THENCE S85029'14'W, 659.02 feet to the
west line of the NW 1/4 of said Section 7; THENCE NOoo48'07"W
along said west line, 596.45 feet; to the POINT OF BEGINNING.
Said lands containing 745,437 square feet or 17.11 acres, more or
less.
Recording Area
Name and Return Address
City of Muskego
Planning Dept.
P.O. Box 749
Muskego, WI 53150
CSM#2
Tax Key No. 2186.998
Commencing at the NW corner of the NW 1/4 of said Section 7,
THENCE SOoo48'07"E along the west line of the NW 1/4 of said Section
7, 596.45 feet; THENCE N85029'14"E, 74.91 feet; to the POINT OF BEGINNING, THENCE NOoo48'OTW along the
east line of Crowbar Drive, 263.18 feet to the intersection of Crowbar Drive and James Court; THENCE 23.56 feet
along an arc of a circle whose center is to the right whose radius is 15.00 feet whose chord bears N44011'32.5"E,
21.21 feet; THENCE N89011'12"E along the south line of James Court, 302.84 feet; THENCE continuing along said
south line 43.36 feet along an arc of a circle whose center is to the right whose radius is 60.00 feet whose chord
bears S70006'30.5"E, 42.43 feet; to a point of reverse curve to the left having a radius of 60.00 feet and a central
angle of 115038'03"; thence easterly along the arc, a distance of 121.09 feet THENCE S86005'24"E, 96.51 feet;
THENCE S84039"38"E, 696.28 feet; THENCE SOo045'49"E, 106.35 feet; THENCE S86043'55'W, 657.44 feet;
THENCE SOoo38'46"E, 37.48 feet; THENCE S85029'14'W, 584.12 feet; to the POINT OF BEGINNING. Said lands
containing 252,306 square feet or 5.79 acres, more or less.
This information must be completed by the submitter: document title, name & return address, and PIN (if required). Other information 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 document.
Note: Use of this cover page adds one page to your document and $2.00 to the recording fee.. Wisconsin Statutes, 59.517. WRDA 2/96
BASELER - CITY OF MUSKEGO - DRAFT
. BASELER CSM SUBDIVIDER'S AGREEMENT
This Agreement, made this
_
day of 2007 by and between Timothy Baseler (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 Certified Survey Map for Baseler
(the "Subdivision"), a part of the lands described as:
Being a part of the Northwest % of the Northwest % of Section 7, Town 5 North, Range 20 East, in the City of Muskego,
Waukesha County, Wisconsin, bounded and described as follows:
CSM#1
Commencing at the NW corner of said NW 1/4 of said Section 7, said point being the POINT OF BEGINNING; THENCE
N86043'54"E along the north line of the NW 1/4 of said Section 7, 1,316.16 feet; THENCE SOQo45'49"E along the east line
of said NW 1/4 Section 7, 544.66 feet; THENCE S86043'55"W, 657.44 feet; THENCE SOoo38'46"E, 37.48 feet; THENCE
S85029'14"W, 659.02 feet to the west line of the NW 1/4 of said Section 7; THENCE NOoo48'07'W along said west line,
596.45 feet; to the POINT OF BEGINNING. Said lands containing 745,437 square feet or 17.11 acres, more or less.
CSM#2
Commencing at the NW corner of the NW 1/4 of said Section 7, THENCE SOoo48'07"E along the west line of the NW 1/4
of said Section 7, 596.45 feet; THENCE N85029'14"E, 74.91 feet; to the POINT OF BEGINNING, THENCE NOoo48'07'W
.ng the east line of Crowbar Drive, 263.18 feet to the intersection of Crowbar Drive and James Court; THENCE 23.56
t along an arc of a circle whose center is to the right whose radius is 15.00 feet whose chord bears N44011'32.5"E,
1.21 feet; THENCE N89011'12"E along the south line of James Court, 302.84 feet; THENCE continuing along said south
line 43.36 feet along an arc of a circle whose center is to the right whose radius is 60.00 feet whose chord bears
S70006'30.5''E, 42.43 feet; to a point of reverse curve to the left having a radius of 60.00 feet and a central angle of
115038'03"; thence easterly along the are, a distance of 121.09 feet THENCE S86005'24"E, 96.51 feet; THENCE
S84039"38"E, 696.28 feet; THENCE SOoo45'49"E, 106.35 feet; THENCE S86043'55"W, 657.44 feet; THENCE
SOoo38'46"E, 37.48 feet; THENCE S85029'14"W, 584.12 feet; to the POINT OF BEGINNING. Said lands containing
252,306 square feet or 5.79 acres, more or less.
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, The Wisconsin Statutes and Muskego Ordinances provide 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 certified survey maps of the James property contingent in part upon the execution and
performance of this Agreement by the Subdivider.
ttow, 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 a total of 5 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 RCE Country Estate District unsewered zoning.
.
a) Single family parcels in this CSM shall conform to the zoning requirements of an unsewered RCE
Country Estate District, being a minimum of 120,000 square feet in area per unit, having street yard
setbacks of 50 feet, side and rear yard offsets of 40 feet.
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 cash 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 cash 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:
.,. ROADS AND STREETS:
1. Grade and improve all roads and streets in accordance with the plans and specifications approved by the
Public Works Committee on March 19, 2007, 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, traffic signs and posts, including the cost of their
installation.
SECTION IV: DEVELOPMENT REQUIREMENTS
The residents of James Court are fully responsible for the maintenance of the ditches along said street. The
City will not be maintaining these ditches. If issues arise or if the ditches are failing, the homeowners along
James Court will be responsible for the immediate correction of any problems at their own expense. If said
ditches are not maintained to the City's standards, the City reserves the right to repair the ditches, and if the
City chooses, to specially charge or specially assess the homeowners along James Court for said expenses.
SECTION V: TIME OF COMPLETION OF IMPROVEMENTS
.-he 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 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 VI : AS-BUILT CONSTRUCTION PLANS
ebdivider 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 VII: 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 III, unconditionally give, grant, convey and fully
dedicate the improvements 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
.ancial hardship by the Subdivider shall not be considered a reason for the City to accept substandard
.aterials 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 VIII: INSPECTION AND ADMINISTRATIONS FEES
Subdivider shall pay and reimburse the City in advance of the signing of the Agreement, in accordance with
Section 18.14 of the Land Division Ordinance and Ordinance No. 909, and at times specified herein, but in any
event, no later than thirty (30) days after billing, all fees, expenses and disbursements which shall be incurred
by the City prior to and following the date hereof in connection with or relative to the construction, installation,
dedication and acceptance of the improvements covered by Section lit, 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 IX: 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 X: GUARANTEES
.e Subdivider shall guarantee all improvements described in Section III, against defects due to faulty
laterials 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 XI : 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 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.
.
c) 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.
. 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 XII: 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 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 XIII: 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 its nominee, successors or assigns, permits for the construction of
single family residences on the 5 parcels platted for single family residential use subject to the provisions of
Section XV and this Agreement.
SECTION XIV: BUILDING AND OCCUPANCY PERMITS:
A. 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. That said lot has a grading plan approved by the Director of Engineering and Building.
2. Negative balance in Developer's Deposit is satisfied unless otherwise authorized by the Planning Director.
3. That all improvements as per this agreement have been completed.
fl' Building Permits may be issued for the vacant lots that have frontage on Crowbar Drive as long as a
compacted gravel drive is established to the construction site. Occupancy permits for these lots may not
be issued until James Court is fully functional and approved as per the Engineering Department. Further
occupancy may not be issued until the temporary gravel drive to Crowbar Drive for construction purposes
is removed and returned to a vegetative state matching the grades of the approved grading plan.
SECTION XV: FINANCIAL GUARANTEES:
1. LETTER OF CREDIT: Concurrent with the execution of this Agreement by the City, the Subdivider shall file
. with the City a Letter of Credit setting forth terms and conditions approved by the City Attorney and Finance
Committee on , 2007 in the amount of $139,515.00 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 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 $300.00 balance in the Developer's Deposit.
No reduction of the Cash Deposit 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 XVI: 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 XVII: 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 XVIII: 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:
.anning Department
Ity of Muskego
POB 749
W182 S8200 Racine Avenue
Muskego, WI 53150-0749
(262) 679-4136
(262) 679-5614 facsimile
To Subdivider:
Timothy Baseler
W188 S7830 Racine Avenue
Muskego, WI 53150
(414) 659-1245
(262) 971-1001 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.
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 XIX: 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. DEVELOPER
.BY:
Timothy Baseler, Owner/Developer
STATE OF WISCONSIN )
) SS
WAUKESHA COUNTY )
PERSONALLY came before me this day of l 2007 Timothy Baseler,
Owners/Developer, to me known to be the persons 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:
BY:
John Johnson, Mayor
ey:
Janice Moyer, City Clerk-Treasurer
STATE OF WISCONSIN )
) SS
WAUKESHA COUNTY )
PERSONALLY came before me this
_
day of , 2007, the above named John Johnson,
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 by its authority and pursuant to the authorization by the Common Council
from their meeting on the day of ,2007.
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 James
CSM, Muskego, Wisconsin, as entered into on the
_
day of , 2007, by and between
Aimothy Baseler and the City Of Muskego, pursuant to the authorization by the Common Council from their
~eeting on the
_
day of , 2007.
BY THE COMMON COUNCIL
Janice Moyer, City Clerk-Treasurer
SUBSCRIBED AND SWORN TO BEFORE ME
This
_
day of , 2007.
My commission expires
This instrument drafted by Jeff Muenkel, Director of Planning
City of Muskego PO Box 749 Muskego, WI 53150
.
_~(:.II(~l'I:l'.jjI;t~
04/05/2007
.
.
.
1~n."".i'lIr_IK~. i jjl;t:...~iF.l.ltl'___:.;.~.:læ1I...,
14:24 MIDAMERICA BANK ~ 912629711001 NO.101 [;1002
Gì ~~lli__@_~~~_JJ2_.rn_ íni
! ,;'
' : i i(:
DRAFT APR - 5 2007
Leiter of Credit No.1 00703022
Amount: $139,515
Applicant: Timothy J. Baseler
S74 W17398 Lake Drive
Muskego, WI 53150
Beneficiary: Name of Contact
City of Muskego
Post Office Box 749
W182 58200 Racine Ave.
~uskego, VVI 53150-0749
Dear Sirs:
We hereby iss~e this irrevocable documentary credit C'lettcr of Credit") in your favor which is available by beneficiary's draft(s) at sight drawn on MidAmerica Bank. Each Draft accompanying documents must state "Drawn tinder MidAmerlca Bank Documentary Credit No. 100703022.
This Letter of ~redit is to provide a guarantee to the City of Muske~o for the peñonnance of Applícant obligations unlier that certain agreement dated between the City of ~uskego and Applicant. I
I
DRAFTS AREITO BE ACCOMPANIED BY:
ì
A statement signed by the Mayor of the City of Muskego stating that Applicant has failed to complete the construction o~subdivision improvements in accordance with said Agreement or otherwise comply with the obligations of the Agreement. Said statement shall set forth [he estimated amOunt necessary for the City of Muskego to co~plete such improvements or otherwise comply with the obligations of the Agreement.
SPECIAL coJDITIONS:
!
This Letter ofqredit will terminate on the
_
day of provided, however, MidAmerica Bank, shall sive wrinþn notice to the beneficiary of its intention to tenninate this letter of credit ninety (90) days prior to the -1 day of . After said date, this Letter of Credit can only tenninate upon ninety (90) days written notice to the beneficiary.
It is hereby agr~ed by aU parties hereto that the refl!Tence to "Agreement" is fOT identification purposes only à.nà such refere ce shaH not be construed in any manner to require MidAmerica Bank to inquire into its terms and oblig tions. I
!
We agree with !you that drafts drawn under and in compliance with the tenns of this credit will be duly honored is presþnted on or before the expiration date. This original Letter of Credit must be submitted to us together with any drawings hereunder for our endorsement of any payments effeeted by us and/or for cancellation.
Sincerely.
,
MidAmerica Btink
I
,
By; Margaret Ai Snyder, Vice President