City of
Common
Council Report
Meeting
Date:
May 6, 2008
Item
No.:
Recommendation: That
the Common Council adopt Resolution No. 10862-050608, a resolution accepting
dedication of public improvements for the Fieldpointe Drive cul-ce-sac extension
from the developer, Michael G. and Susan S. Wenzen, and releasing them from the
terms and conditions of their development agreement (Project No. 03055) (Tax
Key Nos. 865-9995) (4th Aldermanic District).
BACKGROUND: The Developer has
completed, to the satisfaction of the Engineering and Street Departments, the
required public temporary cul-de-sac improvements for
FISCAL IMPACT: Full maintenance of
the public temporary cul-de-sac improvements become 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: Pamela S. Bauer, CMC City Clerk |
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DEDICATION
OF PUBLIC TEMPORARY CUL-DE-SAC IMPROVEMENTS
In and For
WHEREAS, THE CITY OF OAK CREEK, a municipal corporation of Milwaukee
County, State of Wisconsin, hereinafter called the "CITY," and Michael
G. and Susan S.
Wenzen, at 8770 S. Fieldpointe Drive, Oak Creek, WI 53154, hereinafter called
"DEVELOPER," did enter into a Development Agreement for the Fieldpointe
Drive cul-de-sac extension, 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 Fieldpointe
Drive, as recorded, all necessary public temporary cul-de-sac improvements, and
WHEREAS, the DEVELOPER has completed the construction and installation of said public temporary cul-de-sac 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 temporary cul-de-sac 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 temporary cul-de-sac improvements, for
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:
_________________________________
Witness Michael G. Wenzen
________________________________
Susan S. Wenzen
STATE OF
(SS.
Personally came before me this day of , 2008, the above-named Michael G. and Susan S. Wenzen, to me known to be the persons who executed the foregoing instrument and to me known to be such Owners of said property, acknowledging that they executed the foregoing instrument as such authorized representatives of the Developer.
Notary Public County, WI
My commission expires: _____________
AFFIDAVIT
STATE OF
(SS.
Michael G. and Susan S. Wenzen, being first duly sworn on oath, deposes and says:
That they are the developer of the
That all contractors, subcontractors, material suppliers and laborers have been fully paid for their work and materials in the installation of the public temporary cul-de-sac improvements for said Fieldpointe Drive, 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:
__________________________________
Witness Michael G. Wenzen
__________________________________
Susan S. Wenzen
Personally came before me this day of , 2008, the above-named Michael G. and Susan S. Wenzen, acknowledged that they executed the foregoing Affidavit as such authorized agents of the developer.
Notary Public, County, WI
My commission expires: ______________
RELEASING THE DEVELOPER FROM THE
DEVELOPMENT AGREEMENT
(PROJECT NO. 03055)
(4th ALDERMANIC DISTRICT)
WHEREAS, Michael G. and Susan S. Wenzen., hereinafter referred to as the "Developer," the developer of the Fieldpointe Drive temporary cul-de-sac , has constructed and installed all required public temporary cul-de-sac improvements for said Fieldpointe Drive, 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 6th day of May, 2008.
____________________________
President, Common Council
Approved this 6th day of May, 2008.
______________________________
Mayor
ATTEST:_____________________________ VOTE: Ayes ______ Noes
City Clerk
I,
That the construction and installation of public temporary cul-de-sac improvements, installed by the Developer of the Fieldpointe Drive temporary cul-de-sac extension, 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 temporary cul-de-sac 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 17th day of April, 2008.
___________________________________