City of Oak Creek

Common Council Report

Meeting Date: May 6, 2008

Item No.:

Recommendation: That the Common Council adopt Resolution No. 10864-050608, a resolution accepting dedication of public improvements for the Pioneer Estates Addition No. 3 Subdivision from Schoenleber Development, Inc., and releasing them from the terms and conditions of their development agreement (Project No. 93116) (Tax Key Nos. 814-0259 to 814-0285) (3^rd 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 Pioneer Estates Addition No. 3 Subdivision. The Developer, Schoenleber Development, Inc., 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

Approved by:

Michael J. Sullivan, P.E.

Utility Engineer

Fiscal review by:

Beverly A. Buretta, CMC

City Clerk

DEDICATION OF PUBLIC IMPROVEMENTS

In and For

Pioneer Estates Addition No. 3 Subdivision

WHEREAS, THE CITY OF OAK CREEK, a municipal corporation of Milwaukee County, State of Wisconsin, hereinafter called the "CITY," and Schoenleber Development, Inc., at 7154 S. 76^th Street, Franklin, WI 53132, hereinafter called "DEVELOPER," did enter into a Development Agreement for the Pioneer Estates Addition No. 3 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 Pioneer Estates Addition No. 3 Subdivision, as recorded, all necessary public sanitary sewer, water main, storm sewer, streets, sidewalks, street lights, street 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 Pioneer Estates Addition No. 3 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: Schoenleber Development, Inc.

_________________________________

Witness Brian Schoenleber, Managing Partner

STATE OF WISCONSIN)

(SS.

________________ COUNTY)

Personally came before me this day of , 2008, the above-named Brian Schoenleber, Managing Partner for Schoenleber Development, 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 WISCONSIN

(SS.

________________ COUNTY)

Brian Schoenleber, of Schoenleber Development, Inc., being first duly sworn on oath, deposes and says:

That he is the developer of the Pioneer Estates Addition No. 3 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 Pioneer Estates Addition No. 3 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: Schoenleber Development, Inc.

__________________________________

Witness Brian Schoenleber, Managing Partner

Personally came before me this day of , 2008, the above-named Brian Schoenleber, Managing Partner of Schoenleber Development, Inc., acknowledging that he executed the foregoing Affidavit as such authorized agent of the developer.

Notary Public, County, WI

My commission expires: ______________

RESOLUTION NO. 10864-050608

BY: ___________________________________

RESOLUTION ACCEPTING DEDICATION OF PUBLIC IMPROVEMENTS

AND

RELEASING THE DEVELOPER FROM THE DEVELOPMENT AGREEMENT

PIONEER ESTATES NO. 3 SUBDIVISION

(PROJECT NO. 93116)

(3^RD ALDERMANIC DISTRICT)

WHEREAS, Schoenleber Development, Inc., hereinafter referred to as the "Developer," the developer of the Pioneer Estates Addition No. 3 Subdivision, has constructed and installed all required public improvements for said Pioneer Estates Addition No. 3 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 6^th day of May, 2008.

Passed and adopted this 5^th day of May, 2008.

____________________________

President, Common Council

Approved this 5^th day of May, 2008.

______________________________

Mayor

ATTEST:_____________________________ VOTE: Ayes ______ Noes

City Clerk

CERTIFICATE OF THE CITY ENGINEER

I, Wayne St. John, the duly qualified City Engineer of the City of Oak Creek, do hereby certify:

That the construction and installation of public improvements, installed by the Developer of the Pioneer Estates Addition No. 3 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 25^th day of April, 2008.

___________________________________

Wayne St. John, P.E City Engineer