HomeMy WebLinkAbout20. 12-131
MARCH 27, 2012 12-131 RESOLUTION
(CARRIED___6-0___LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: ACCEPT AND APPROVE WAIVER OF SPECIAL ASSESSMENT
NOTICES AND HEARING IN CONNECTION WITH
IMPROVEMENTS / SECOND ADDITION TO CASEY’S MEADOW
SOUTH
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
BE IT RESOLVED BY the Common Council of the City of Oshkosh that the Waiver
of Special Assessment Notices and Hearing under Section 66.0703(7)(b) of the
Wisconsin Statutes, for public improvements and services, for the premises described
below and in the attached Waiver is accepted and approved.
SECOND ADDITION TO CASEY’S MEADOW SOUTH
Lots 33 through 56
WAIVER OF SPECIAL ASSESSMENT NOTICES AND
HEARING UNDER SECTION 66.0703, WISCONSIN STATUTES
The undersigned, owner of property benefited by the following improvements to be made by the
City of Oshkosh, Winnebago County, State of Wisconsin,to wit:
For public construction, surveying and inspection of concrete sidewalk.
For private construction and public inspection and survey for sanitary sewer, storm sewer, water
main, laterals, grading& graveling, and concrete street pavement.
In consideration of the construction of said improvements by the City of Oshkosh, Wisconsin, I
hereby admit that such public improvement will benefit said property and consent to the levying
of special assessments against the premises under Section 66.0703 of the Wisconsin Statutes for
the cost of such improvements. In accordance with Section 66.0703 of the Wisconsin Statutes, I
hereby waive all special assessment notices and hearings required by Section 66.0703 of the
Wisconsin Statutes; and I further agree and admit that the benefit of my property from the
construction of such improvements is in proportion to the footage thereof:
Description of Premises
Second Addition to Casey's Meadow South
Lots 33 - 56
Construction of Mockingbird Way and Casey Trail
1. Sanitary Sewer&Laterals (Private Construction)
Estimated Construction Cost $52,174.50 Private
6% Survey and Inspection $3,130.47 Invoice
2. Water Main with Laterals(Private Construction)
Estimated Construction Cost $106,147.00 Private
6% Survey and Inspection $6,368.82 Invoice
3. Storm Sewer w/Laterals(Private Construction)
Estimated Construction Cost $82,658.00 Private
6% Survey and Inspection $4,959.48 Invoice
4. Grading, Graveling and Restoration(Private Construction)
Estimated Construction Cost $48,500.00 Private
6% Survey and Inspection $2,910.00 Invoice
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Casey's Meadow—Phase 1B
Page 2 of 3
5. Sidewalk (Public Construction)Assess
Assessment Rate=$23.00 per front foot of each lot
Includes 6% for Inspection and Surveying
Second Addition to Casey's Meadow South
Lot# Sidewalk Footage Sidewalk Cost Estimate
33 199.27 $4,583.21
34 70.00 $1,610.00
35 80.15 $1,843.45
36 85.99 $1,977.77
37 61.00 $1,403.00
38 75.14 $1,728.22
39 61.02 $1,403.46
40 61.00 $1,403.00
41 198.27 $4,560.21
42 62.00 $1,426.00
43 61.00 $1,403.00
44 61.00 $1,403.00
45 61.00 $1,403.00
46 61.00 $1,403.00
47 75.02 $1,725.46
48 75.79 $1,743.17
49 77.26 $1,776.98
50 76.79 $1,766.17
51 80.38 $1,848.74
52 80.31 $1,847.13
53 81.77 $1,880.71
54 81.71 $1,879.33
55 76.43 $1,757.89
56 80.00 $1,840.00
6. Concrete Street Paving(Private)—Paving in 2015, complete by July 15.
Center Line Feet of Roadway= 1,0301f
Cost per Center Line Foot= $200/1f
Include four(4)Handicapped Ramps at $600.00 each= $2,400.00
Estimated Construction Cost $208,400.00 Private
6% Survey and Inspection $12,504.00 Invoice
7. Street Lighting(Private)
Estimated Construction Cost $21,781.32 Private
6% Survey, Inspection, Installation $1,306.88 Invoice
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representative of the contractor or Developer and/or sent by mail to the Developer or
contractor. If construction work continues without filing of an appropriate bond, the City shall
be entitled to seek an injunction to prevent further work on the project until such time as an
appropriate bond is filed and to seek such other and further relief as may be deemed
appropriate. In addition to any equitable relief, the City may seek monetary damages and
upon judgment shall be entitled to its costs and fees in pursuit of any action under the terms
of this paragraph.
11. In addition to the remedies for default provided to the City by the financial
guarantees contained within this Agreement, the City shall have the right without notice or
hearing to Developer, or any successor in title, to impose special assessments for any
amount to which the City is entitled by virtue of this Agreement upon each and every lot within
the subdivision. Such assessments shall be imposed on the individual parcels in accordance
with such parcel's share of the amount to which the City is entitled in accordance with this
Agreement and which amount has not been paid by the Developer of such parcel or its
successors or assigns. With respect to defaulting Developer, this provision constitutes
Developer's consent to the installation by the City or designee of all public improvements and
remediations required by this Agreement and constitutes Developer's, and any successors in
title, waiver and consent to all special assessment proceedings as described in Section
66.0703, of the Wisconsin Statutes. This covenant is intended to run with the land and to
survive any subsequent divestiture of title by Developer to, and shall be binding on, any
successor in title. The remedies provided in this Agreement are not exclusive. The City may
use any other remedies available to it.
12. Developer agrees to pay any costs associated with the maintenance or
replacement of water stop boxes damaged during the development of this subdivision. It shall
not be necessary for the City to determine or establish by whom the damage was done.
Developer also agrees to pay any costs associated with maintenance to the gravel street base
which may be necessary during the period prior to pavement construction. Developer shall
pay the actual costs incurred by the City within 30 days upon invoice from the City.
13. This Agreement and its attachments, may be recorded at City's option, and if so
done, this document shall serve as Notice of Lien against such properties.
IN WITNESS WHEREOF, the parties heretofore have caused this Agreement to be
signed by the proper persons of each party and their corporate seals, if any, to be hereunto
affixed.
Dated: March 2C, 2012.
In the Presence of: Casey's Meadow, LLC
IT
By: Chet esenberg By: Timoth Rusch
Owner/member Owner/member
Casey's Meadow LLC Casey's Meadow LLC