City of
Common
Council Report
Meeting
Date:
March 4, 2008
Item
No.:
Recommendation: That
the Common Council adopt Resolution No. 10833-030408, a resolution accepting dedication
of the public street improvements in Golden Fields Addition No. 5 Subdivision and
releasing Kaerek Builders, Inc. from the terms and conditions of their
development agreement (Project No. 98054) (Tax Key Nos. 826-0086 to 826-0112) (3rd
Aldermanic District).
BACKGROUND: The Developer had
previously dedicated the public utilities and now has completed, to the
satisfaction of the Engineering and Street Departments, the required public street
improvements for the Golden Fields Addition 5 Subdivision. The Developer, Kaerek Builders, Inc., has
executed the dedication and affidavit papers conveying the public streets 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 street
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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Fiscal review by: Beverly A. Buretta, CMC City Clerk |
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DEDICATION
OF
In and For
WHEREAS, THE CITY OF OAK CREEK, a municipal corporation of
WHEREAS, the DEVELOPER has completed the construction and installation of said public street 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 street 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 street facilities.
The DEVELOPER hereby warrants and will forever defend the title to the dedicated public street improvements, for the Golden Fields Addition No. 5 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 Builders, Inc.
_________________________________
Witness Michael J. Kaerek
President
STATE OF
(SS.
Personally came before me this day of , 2008, the above-named Michael J. Kaerek, President of Kaerek Builders, Inc., to me known to be the person who executed the foregoing instrument and to me known to be such Officer 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
(SS.
Michael J. Kaerek, of Kaerek Builders, Inc., being first duly sworn on oath, deposes and says:
That he is the developer of the Golden Fields Addition No. 5 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 street improvements for said Golden Fields Addition No. 5 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: Kaerek Builders, Inc.
__________________________________
Witness Michael J. Kaerek
President
Personally came before me this day of , 2008, the above-named Michael J. Kaerek, President of Kaerek Builders, Inc., acknowledged that he executed the foregoing Affidavit as such authorized agent of the developer.
Notary Public, County, WI
My commission expires: ______________
RELEASING THE DEVELOPER FROM THE
DEVELOPMENT AGREEMENT
(PROJECT NO. 98054)
(3rd ALDERMANIC DISTRICT)
WHEREAS, Kaerek Builders, Inc., hereinafter referred to as the "Developer," the developer of the Golden Fields Addition No. 5 Subdivision, has constructed and installed all required public street improvements for said Golden Fields Addition No. 5 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 4th day of March, 2008.
____________________________
President, Common Council
Approved this 4th day of March, 2008.
______________________________
Mayor
ATTEST:_____________________________ VOTE: Ayes ______ Noes
City Clerk
I,
That the construction and installation of public street improvements, installed by the Developer of the Golden Fields Addition No. 5 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 street 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 February, 2008.
___________________________________