City of Oak Creek
Common Council Report
Meeting Date: April 18, 2006
Item No.:
Recommendation: That the Common Council adopt Resolution No. 10626-041806, a resolution accepting dedication of public improvements in the Patriot Arms Subdivision from Benjamin M. Real Estate, L.L.C., and releasing them from the terms and conditions of their development agreement (Project Nos. 03061, 03062) (Tax Key Nos. 826-0028 to 826-0037) (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 Patriot Arms Subdivision. The Developer, Benjamin M. Real Estate, L.L.C., 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.
FISCAL IMPACT: Full maintenance of the public improvements becomes the City’s responsibility.
|
Prepared by:
Henry W. Jackson, P.E. Development Engineer |
Respectfully submitted:
Patrick DeGrave City Administrator |
|
Approved by:
Wayne St. John, P.E. City Engineer |
|
|
Fiscal review by:
Beverly A. Buretta, CMC City Clerk |
|
T:\Shared\WPFILES\CCREPORT\2006\03061, 03062 Patriot Arms Dedication and Release.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 Benjamin M. Real Estate, L.L.C., at 4381 S. Pennsylvania Avenue, St. Francis, WI, 53235, hereinafter called "DEVELOPER," did enter into a Development Agreement for the Patriot Arms 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 River View Estates Subdivision plat as recorded, all necessary public sanitary sewer, water main, storm sewer, streets, lights 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, storm sewer, streets, lights 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, storm sewer, streets, lights and drainage facilities in the Patriot Arms 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: Benjamin M. Real Estate, L.L.C.
_________________________________
Witness Michael L. Wood, Managing Partner
STATE OF WISCONSIN)
(SS.
___ COUNTY)
Personally came before me this day of , 2005, the above-named Michael L. Wood, Managing Partner of Benjamin M. Real Estate, L.L.C., to me known to be the person who executed the foregoing instrument and to me known to be such Managing Partner of said corporation, acknowledged that he executed the foregoing instrument as such authorized representative of the Developer.
Notary Public County, WI
My commission expires: _____________
AFFIDAVIT
STATE OF WISCONSIN
(SS.
________________ COUNTY)
Michael L. Wood, Managing Partner of Benjamin M. Real Estate, L.L.C., being first duly sworn on oath, deposes and says:
That he is the developer of Patriot Arms 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 improvements in 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: Benjamin M. Real Estate, L.L.C.
__________________________________
Witness Michael L. Wood, Managing Partner
Personally came before me this day of , 2005, the above-named Michael L. Wood, Managing Partner of Benjamin M. Real Estate, L.L.C., acknowledging that he executed the foregoing Affidavit as such authorized agent of the developer.
Notary Public, County, WI
My commission expires: ______________
AND
RELEASING THE DEVELOPER FROM THE DEVELOPMENT AGREEMENT
(PROJECT NOS. 03061 AND 03062)
(3rd ALDERMANIC DISTRICT)
WHEREAS, Benjamin M. Real Estate, L.L.C,, hereinafter referred to as the "Developer," the developer of Patriot Arms Subdivision, has constructed and installed all required public 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 hereby is accepted and
BE IT FURTHER RESOLVED, by the Common Council of the City of Oak Creek that the Developer is hereby released from the terms and conditions of their development agreement.
Introduced at a regular meeting of the Common Council of the City of Oak Creek held this 18th day of April, 2006.
Passed and adopted this 18th day of April, 2006.
____________________________
President, Common Council
Approved this 18th day of April, 2006.
______________________________
Mayor
ATTEST:
_______________________________ VOTE: Ayes ______ Noes _______
City Clerk
T:\Shared\WPFILES\CCREPORT\2006\03061, 03062 Patriot Arms Dedication and Release.doc
I, Wayne St. John, the duly qualified Development Engineer of the City of Oak Creek, do hereby certify:
That the construction and installation of public improvements, installed by the Developer of Patriot Arms 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 18th day of April, 2006.
___________________________________
Wayne St. John, P.E City Engineer
T:\Shared\WPFILES\CCREPORT\2006\03061, 03062 Patriot Arms Dedication and Release.doc