City of Oak Creek
Common Council Report
Meeting Date: February 14, 2005
Item No.:18
Recommendation: That the Common Council adopt Resolution No. 10462-021405, a resolution accepting dedication of public improvements in the Oakshire, Oakshire Addition No.1 and Oakshire Addition No. 2 Subdivisions from Suburban Development, Inc. (Project Nos. 92080, 92180, 96055, 96056, 97052, 97053) (Tax Key Nos. 861-0037 through 0074 and 861-0085 through 0126) (3rd Aldermanic District).
Background: The Developer has completed, to the satisfaction of the Engineering and Street Departments and the Oak Creek Water and Sewer Utility all required public improvements for the Oakshire, Oakshire Addition No. 1 and Oakshire Addition No. 2 Subdivisions. The Developer, Suburban Development, Inc., has executed the dedication and affidavit papers conveying the public 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.
Since 1992, there has been work done, by the City, homeowners and the Developer to attempt to keep the roadside ditches in a drainable condition. Of particular note was the installation of a concrete ditch bottom liner, in 2003, to help dry out ditch bottoms and reduce and or eliminate standing water.
Since the subdivision was open to different home builders who could have added to the problem with their varied approaches to home building, grading and landscaping, a sticking point developed relating to the question of did the residents or their agents create the problems.
An agreement, endorsed by the Mayor, calls for the Developer to perform pressure cleaning and debris removal from all existing main public roadway culverts (not driveway culverts) and culvert outlets-when weather permits-and to deposit a sum of $10, 000.00 with the City to be used for City ditch maintenance. The Developer has agreed to these conditions and has made the $10,000.00 deposit (letters attached).
Fiscal Impact: Full maintenance of the public improvements 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\Oakshire and Additions Nos. 1 & 2 Dedication.doc
DEDICATION OF PUBLIC IMPROVEMENTS
WHEREAS, THE CITY OF OAK CREEK, a municipal corporation of Milwaukee County, State of Wisconsin, hereinafter called the "CITY," and Suburban Development, Inc., at 5300 S. 108th Street, Hales Corners, WI, 53130-1331, hereinafter called "DEVELOPER," did enter into Development Agreements for the Oakshire, Oakshire Addition No. 1 and Oakshire Addition No. 2 Subdivisions, 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 Oakshire, Oakshire Addition No. 1 and Oakshire Addition No. 2 Subdivisions plats as recorded, all necessary public sanitary sewer, water main, streets and drainage facilities, 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, streets and drainage facilities 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, streets and drainage facilities in the Oakshire, Oakshire Addition No. 1 and Oakshire Addition No. 2 Subdivisions 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 the presence of: Suburban Development, Inc.
_____________________________
Witness Mark J. Wimmer, President
STATE OF WISCONSIN)
(SS.
COUNTY)
Personally came before me this day of , 2005, the above-named Mark J. Wimmer, President of Suburban Development, Inc., to me known to be the person who executed the foregoing instrument and to me known to be such President of said corporation, acknowledged that he executed the foregoing instrument as such authorized representative of the Developer.
Notary Public County, WI
My commission expires: _____________
T:\Shared\WPFILES\CCREPORT\Oakshire and Additions Nos. 1 & 2 Dedication.doc
AFFIDAVIT
STATE OF WISCONSIN
(SS.
COUNTY)
Mark J. Wimmer, President of Suburban Development, Inc., being first duly sworn on oath, deposes and says:
That they are the developer of Oakshire, Oakshire Addition No. 1 and Oakshire Addition No. 2 Subdivisions, 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 the presence of: Suburban Development, Inc.
___________________________
Witness Mark J. Wimmer, President
Personally came before me this day of , 2005, the above-named Mark J. Wimmer, President of Suburban Development, Inc., acknowledging that he executed the foregoing Affidavit as such authorized agent of the developer.
Notary Public, County, WI
My commission expires: ______________
T:\Shared\WPFILES\CCREPORT\Oakshire and Additions Nos. 1 & 2 Dedication.doc
(3rd ALDERMANIC DISTRICT)
WHEREAS, Suburban Development, Inc., hereinafter referred to as the "Developer," the developer of Oakshire, Oakshire Addition No. 1 and Oakshire Addition No. 2 Subdivisions, has constructed and installed all required public improvements in said Subdivisions, 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 14th day of February, 2005.
Passed and adopted this 14th day of February, 2005.
_____________________________
President, Common Council
Approved this 14th day of February, 2005.
______________________________
Mayor
ATTEST:
_______________________________ VOTE: Ayes ______ Noes _______
City Clerk
T:\Shared\WPFILES\CCREPORT\Oakshire and Additions Nos. 1 & 2 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 improvements, installed by the Developer of Oakshire, Oakshire Addition No. 1 and Oakshire Addition No. 2 Subdivisions, 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 14th day of February, 2005.
___________________________________
Wayne St. John, P.E City Engineer
T:\Shared\WPFILES\CCREPORT\Oakshire and Additions Nos. 1 & 2 Dedication.doc