City of
Common
Council Report
Meeting
Date:
March 31, 2008
Item
No.:
Recommendation: That
the Common Council adopt Resolution No. 10847-033108, a resolution accepting
dedication of public improvements for the Armann Heights Subdivision from Armann
Development, LLC, and releasing them from the terms and conditions of their
development agreement (Project No. 01052) (Tax Key Nos. 926-0063 to 926-0117) (6th
Aldermanic District).
BACKGROUND: The Developer has
completed, to the satisfaction of the Engineering and Street Departments and
the Oak Creek Water and Sewer Utility, the required public improvements for the
Armann Heights Subdivision. The
Developer, Armann Development, LLC, 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.
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Prepared by: Henry W. Jackson, P.E. Development Engineer |
Respectfully submitted: Patrick DeGrave City Administrator |
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Approved by: Wayne St. John, P.E. City Engineer |
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Approved by: Michael J. Sullivan, P.E. Utility Engineer |
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Fiscal review by: Beverly A. Buretta, CMC City Clerk |
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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 Armann Development, LLC, at 631 N. Mayfair Road, Wauwatosa, WI 53226, hereinafter called "DEVELOPER," did enter into a Development Agreement for the Armann Heights 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 Armann Heights Subdivision, as recorded, all necessary public sanitary sewer, water main, storm sewer, streets, sidewalks, lights, trees and drainage facility improvements, 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 public improvements, 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 improvements, for the Armann Heights 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: Armann Development, LLC
_________________________________
Witness Fred Arbanella, Managing Member
________________________________
John Pellmann, Managing Member
STATE OF
(SS.
Personally came before me this day of , 2008, the above-named, Fred Arbanella and John Pellmann, Managing Members for Armann Development, LLC, to me known to be the persons who executed the foregoing instrument and to me known to be such Officers of said corporation, acknowledged that they executed the foregoing instrument as such authorized representatives of the Developer.
Notary Public County, WI
My commission expires: _____________
AFFIDAVIT
STATE OF
(SS.
Fred Arbanella and John Pellmann, of Armann Development, LLC, being first duly sworn on oath, deposes and says:
That they are the developer of the Arman Heights 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 for said Armann Heights 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
In the presence of: Armann Development, LLC
__________________________________
Witness Fred Arbanella, Managing Member
__________________________________
John
Pellmann, Managing Member
Personally came before me this day of , 2008, the above-named Fred Arbanella and John Pellmann, Managing Members of Armann Heights Subdivision, acknowlededed that they executed the foregoing Affidavit as such authorized agents of the developer.
Notary Public, County, WI
My commission expires: ______________
RESOLUTION ACCEPTING
DEDICATION OF PUBLIC IMPROVEMENTS
AND
RELEASING THE DEVELOPER FROM THE
DEVELOPMENT AGREEMENT
WHEREAS, Armann Development, LLC , hereinafter referred to as the "Developer," the developer of the Armann Heights Subdivision, has constructed and installed all required public improvements for said Armann Heights 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
Introduced at a
regular meeting of the Common Council of the City of
Passed and adopted this 31st day of March, 2008.
____________________________
President, Common Council
Approved this 31st day of March, 2008.
______________________________
Mayor
ATTEST:_____________________________ VOTE: Ayes ______ Noes
City Clerk
I,
That the construction and installation of public improvements, installed by the Developer of the Armann Heights 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 24th day of March, 2008.
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