City of
Common
Council Report
Meeting
Date:
May 6, 2008
Item
No.:
Recommendation: That
the Common Council adopt Resolution No. 10858-050608, a resolution accepting
dedication of public water main improvements for the McAdams Graphics CSM at 7200
S. 1st Street from McAdams
Graphics, Inc., and releasing them from the terms and conditions of their
development agreement (Project No. 06051) (Tax Key No. 765-9986) (1st
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 water main improvements
for the McAdams Graphics CSM. The
Developer, McAdams Graphics, Inc., has executed the dedication and affidavit
papers conveying the public water main 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 water
main improvements becomes the Oak Creek Water and Sewer Utility’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: Pamela A. Bauer, CMC City Clerk |
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DEDICATION
OF PUBLIC WATER MAIN IMPROVEMENTS
In and For
WHEREAS, THE CITY OF OAK CREEK, a municipal corporation of Milwaukee County, State of Wisconsin, hereinafter called the "CITY," and McAdams Graphics, Inc., at 7200 S. 1st Street, Oak Creek, WI, 53154, hereinafter called "DEVELOPER," did enter into a Development Agreement for the McAdams Graphics CSM, 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 McAdams Graphics CSM, as recorded, all necessary public water main improvements, and
WHEREAS, the DEVELOPER has completed the construction and installation of said public water main 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 water main 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 water main facilities.
The DEVELOPER hereby warrants and will forever defend the title to the dedicated public water main improvements, for the McAdams Graphics CSM 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: McAdams Graphics, Inc.
_________________________________
Witness Peter K. McAdams
Vice
President of Finance
STATE OF
(SS.
Personally came before me this day of , 2008, the above-named Peter K. McAdams, Vice President of Finance for McAdams Graphics, 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.
Peter K. McAdams of McAdams Graphics, Inc., being first duly sworn on oath, deposes and says:
That he is the developer of the McAdams Graphics CSM, 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 water main improvements in said CSM, 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: McAdams Graphics, Inc.
__________________________________
Witness Peter K. McAdams
Vice President of Finance
Personally came before me this day of , 2008, the above-named Peter K. McAdams of McAdams Graphics, Inc., acknowleded 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. 06051)
(1st ALDERMANIC DISTRICT)
WHEREAS, McAdams Graphics, Inc., hereinafter referred to as the "Developer," the developer of the McAdams Graphics CSM, has constructed and installed all required public water main improvements in said CSM, 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 water main improvements, installed by the Developer of the McAdams Graphics CSM, 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 water main 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 14th day of April, 2008.
___________________________________