City of Oak Creek
Common Council Report
Item No.:26
Recommendation: That the Common Council adopt Resolution No.10537-081605, a resolution accepting the dedication of public sanitary sewer, water main and street lighting improvements for the Carrollville Crossings Subdivision (Project Nos. 03067, 03068) (Tax Key Nos. 865-9977-001 and 865-9999) (4th 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 lighting improvements for the Carrollville Crossings Subdivision. There are no outstanding assessments against the properties and the Developer has paid all required City fees and costs. Therefore, the City should accept the dedication of public sanitary sewer, water main and street lighting improvements constructed according to the subdivision’s approved plans and specifications.
Fiscal Impact: The City now takes over the full maintenance responsibility for the installed public sanitary sewer, water main, and street lighting improvements. The Developer has deposited, in a secured maintenance fund for two years, money equal to ten percent of the improvements construction costs.
Prepared by:
Henry W. Jackson, P.E. .
Development Engineer
Approved by:
Wayne St. John
City Engineer
Fiscal review by:
Beverly A. Buretta, CMC
City Clerk
T:\Shared\WPFILES\CCREPORT\2005\03067,68 Carrollville Sewer, Water and Lights Dedication.doc
CARROLLVILLE CROSSINGS SUBDIVISON
(PROJECT NOS. 03067 AND 03068)
(4th ALDERMANIC DISTRICT)
WHEREAS, Kaerek Homes, Inc., the Developer of Carrollville Crossings Subdivision, has constructed and installed public sanitary sewer, water main and street lighting improvements in said 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 public 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 is hereby accepted.
Introduced at a regular meeting of the Common Council of the City of Oak Creek held this 16th day of August, 2005.
Passed and adopted this 16th day of August, 2005.
___________________________________
President, Common Council
Approved this 16th day of August, 2005.
___________________________________
Mayor
ATTEST:
_____________________________________ VOTE: Ayes _______ Noes ________
City Clerk
T:\Shared\WPFILES\CCREPORT\2005\03067,68 Carrollville Sewer, Water and Lights Dedication.doc
DEDICATION OF PUBLIC SANITARY SEWER,
WATER MAIN AND STREET LIGHTING IMPROVEMENTS
IN AND FOR
WHEREAS, THE CITY OF OAK CREEK, a municipal corporation of Milwaukee County, State of Wisconsin, hereinafter called the "CITY," and Kaerek Homes, Inc., at 11600 W. Linclon Avenue, West Allis, WI, 53227, hereinafter called "DEVELOPER," did enter into a Development Agreement for the Carrollville Crossings 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 Carrollville Crossings Subdivision preliminary plat, all necessary public sanitary sewer, water main and street lighting, and
WHEREAS, the DEVELOPER has completed the construction and installation of said public sanitary sewer, water main and street lighting 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 Carrollville Crossings 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 the presence of: Kaerek Homes, Inc.
_____________________________
Witness Michael J. Kaerek
President
STATE OF WISCONSIN)
(SS.
MILWAUKEE COUNTY)
Personally came before me this day of , 2005, the above-named Michael J. Kaerek, President of Kaerek Homes, 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: _____________
STATE OF WISCONSIN
(SS.
MILWAUKEE COUNTY)
Michael J. Kaerek, President of Kaerek Homes, Inc., being first duly sworn on oath, deposes and says:
That they are the developer of Carrollville Crossings 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 public sanitary sewer, water main and street lighting improvements in the said subdivision 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: Kaerek Homes, Inc.
____________________________________
Witness Michael J. Kaerek, President
Personally came before me this day of , 2005, the above-named Michael J. Kaerek, President of Kaerek Homes, 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\2005\03067,68 Carrollville Sewer, Water and Lights 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 lighting improvements, installed by the Developer of Carrollville Crossings 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 sanitary sewer, water main and street lighting 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 16th day of August, 2005.
___________________________________
Wayne St. John, P.E.
City Engineer
T:\Shared\WPFILES\CCREPORT\2005\03067,68 Carrollville Sewer, Water and Lights Dedication.doc