City of Oak Creek
Common Council Report
Meeting Date: December 21, 2004
Item No.:17
Recommendation: That the Common Council adopt Resolution No. 10442-122104, a resolution accepting dedication of public sanitary sewer, water main and street lights in the Glen Crossing Subdivisions from Pilgrim Group, LLC. (Project Nos. 97068, 97069) (Tax Key Nos. 829-0021 to 0061) (2nd Aldermanic District).
BACKGROUND: The Developer has completed, to the satisfaction of the Engineering Department and the Oak Creek Water and Sewer Utility, all required public sanitary sewer, water main and street lights improvements for the Glen Crossing Subdivision. The Developer, Pilgrim Development Group, LLC, has executed the dedication and affidavit papers conveying the public sanitary sewer, water main and street light improvements free and clear of all encumbrances. There are no current outstanding assessments against the properties and the Developer has paid all required City fees and costs.
FISCAL IMPACT: Full maintenance of the public sanitary sewer, water main and street lights becomes the City’s responsibility.
Prepared by: Respectfully submitted,
Henry W. Jackson, P.E. Barbara S. Blumenfield, Ph.D.
Development Engineer City Administrator
Approved by:
Wayne St. John, P.E.
City Engineer
Fiscal review by:
Beverly A. Buretta, CMC
City Clerk
T:\Shared\WPFILES\CCREPORT\97068, 97069 Glen Crossing Dedication.doc
DEDICATION OF PUBLIC IMPROVEMENTS
IN AND FOR
WHEREAS, THE CITY OF OAK CREEK, a municipal corporation of Milwaukee County, State of Wisconsin, hereinafter called the "CITY," and Pilgrim Development Group, LLC., at 12765 W. Janesville Road, Muskego, WI 53150 hereinafter called "DEVELOPER," did enter into a Development Agreement for the Glen Crossing Subdivision, and the DEVELOPER has complied with the provisions of Chapter 236 of the Wisconsin Statutes, and Chapter 14 of the Municipal Code of the City, wherein, among other things, the DEVELOPER was required to construct, install, furnish and provide entirely at its expense, in and for the Glen Crossing Subdivision plat as recorded, all necessary public sanitary sewer, water main and street lights, and
WHEREAS, the DEVELOPER has completed the construction and installation of said public improvements in accordance with the provisions of Chapter 236 of the Wisconsin Statutes and Chapter 14 of the Municipal Code of the City, and the City Engineer has certified the systems' acceptability;
NOW, THEREFORE, in consideration of $1.00 and other good and valuable consideration, to it in hand paid, receipt of which is herein acknowledged and confessed, DEVELOPER hereby gives, grants, conveys and fully dedicates the said sanitary sewer, water main and street lights to the City of Oak Creek forever, free and clear of all encumbrances whatever, together with and including any and all land, structures, mains, conduits, pipes, equipment, plant appurtenances and hereditaments, which in any way be a part of or pertain to such public facilities.
The DEVELOPER hereby warrants and will forever defend the title to the dedicated public sanitary sewer, water main and street lights in the Glen Crossing Subdivision against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, THE DEVELOPER has caused these presents to be executed by their authorized corporate officer and their corporate seals to be hereunto affixed on the day and year first-above written.
In presence of: Pilgrim Development Group, L.L.C.
______________________________
Robert W. Stack, Managing Member
STATE OF WISCONSIN)
(SS.
MILWAUKEE COUNTY)
Personally came before me this _____ day of ________________, 2004, the above-named Robert W. Stack, Pilgrim Development Group, L.L.C. to me known to be the person who executed the foregoing instrument and to me known to be such managing member of said corporation, acknowledged that he executed the foregoing instrument as such officer.
____________________________________
Notary Public
___________________ County, Wisconsin
My commission expires _______________
STATE OF WISCONSIN
(SS.
MILWAUKEE COUNTY)
Robert W. Stack, of Pilgrim Development Group, LLC, being first duly sworn on oath, deposes and says:
That they are the developer of Glen Crossing Subdivision, in the City of Oak Creek, Wisconsin; and
That all contractors, subcontractors, material suppliers and laborers have been fully paid for their work and materials in the installation of the improvements in the said subdivision, and additions and that waivers in full have been obtained from same; and
That this Affidavit is made in accordance with the provisions of Chapter 236 of the Wisconsin Statutes and Chapter 14 of the Municipal Code of the City of Oak Creek, and to obtain the approval of the City Engineer for said improvements, and their acceptance by the City.
In presence of: Pilgrim Development Group, L.L.C.
___________________________________
Robert W. Stack
Managing Member
STATE OF WISCONSIN)
(SS.
MILWAUKEE COUNTY)
Personally came before me this _____ day of ________________, 2004, the above-named Robert W. Stack, Pilgrim Development Group, L.L.C. to me known to be the person who executed the foregoing instrument and to me known to be such managing member of said corporation, acknowledged that he executed the foregoing instrument as such officer.
____________________________________
Notary Public
___________________ County, Wisconsin
My commission expires _______________
(PROJECT NOS. 97063, 97064)
(TAX KEY NOS. 829-0021 TO 0061)
(4th ALDERMANIC DISTRICT)
WHEREAS, Pilgrim Development Group, LLC., hereinafter referred to as the "Developer," the developer of Glen Crossing Subdivision, has constructed and installed the required public sanitary sewer, water main and street light improvements in the Glen Crossing Subdivision, at the expense of the Developer and in accordance with the plans and specifications conforming to applicable City Ordinances and approved by the City; and
WHEREAS, the Development Agreement provided that the developer shall dedicate and convey the said improvements to the City, free and clear of all encumbrances; and
WHEREAS, the Developer has offered a dedication instrument attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oak Creek, that the said dedication be and the same hereby is accepted.
Introduced at a regular meeting of the Common Council of the City of Oak Creek held this 21st day of December, 2004.
Passed and adopted this 21st day of December, 2004.
____________________________________
President, Common Council
Approved this 21st day of December, 2004.
____________________________________
Mayor
ATTEST:
_______________________________ VOTE: Ayes ______ Noes _______
City Clerk
T:\Shared\WPFILES\CCREPORT\97068, 97069 Glen Crossing Dedication.doc
I, Wayne St. John, the duly qualified City Engineer of the City of Oak Creek, do hereby certify:
That the construction and installation of public sanitary sewer, water main and street light improvements, installed by the Developer of Glen Crossing Subdivision, in the City of Oak Creek, have been completed in accordance with the approved designs, plans and specifications therefore, or in accordance with approved changes, variations, alterations and modifications; and
That the public improvements are in satisfactory operating condition; and
That I further certify that the Developer has submitted satisfactory written evidence that they have paid all of the costs incurred in the construction and installation of said systems and improvements.
Dated this 21st day of December, 2004.
___________________________________
Wayne St. John, P.E.
City Engineer
T:\Shared\WPFILES\CCREPORT\97068, 97069 Glen Crossing Dedication.doc