HomeMy WebLinkAboutSecond Addition to Flora Kuhn Krueger Plat 1989 e617 e/e
AMENDMENT TO DEVELOPER'S AGREEMENT FOR FINANCING IMPROVEMENTS
THIS AMENDMENT is made pursuant to Sec. 66. 60 (18) , Wis.
Stats. , to a certain developer's agreement between the City of
Oshkosh and Elva Ida Hintz and Shirley Mae Juedes, recorded at
8 : 22 a.m. on May 18 , 1989, in the Winnebago County Register of
Deeds on Vol. 154-C of Lis Pendens at page "0" as document
number 722458 .
WHEREAS, the legal description, contained in the foregoing
agreement erroneously excluded ten lots within the subdivision; and
WHEREAS, the parties to the above agreement intended to
include those lots, thereby requiring this amendment be executed;
NOW, THEREFORE, IT IS HEREBY AGREED that the foregoing
developer's agreement is amended, in all respects and including
exhibits attached thereto, to affect the following
described property:
SECOND ADDITION TO FLORA KUHN KRUEGER PLAT (Lots 39-60)
and that the balance of said agreement shall remain in full force
and effect, and is fully incorporated hereing by reference.
IN WITNESS WHEREOF, the parties have caused this Amendment
to be signed by the proper persons of each party and their
corporate seals, if any, to be hereunto affixed.
Dated: June X67 , 1989
OWNERS CITY OF;%OSHKOSH
Elva I•a Hintz William D. Frueh, city manager
iI / d (I1Tii) if2)
irley M- - Juedes Donna C. Serwas, city clerk
ci
(Places for notary public on next page)
1
STATE OF WISCONSIN )
SS .
WINNEBAGO COUNTY )
Personally came before me this -(0-4 day of June, 1989, the
above-named Elva Ida Hintz, to me known to be the person who executed
the foregoing instrument and acknowledged th same.
b.
Notary P blic, Winn ago ,Co. , WI
My Commission: QvPire5 .D1Q3/ 9z_
STATE OF WISCONSIN )
SS.
WINNEBAGO COUNTY )
Personally came before me this a `-i: day of ltkn Q , 1989 , the above-
named Shirley Mae Juedes, to me known to be the person who executed
the foregoing instrument and ackno ledged the sa e.
Notary Pub`1ic, Winneba o Co. WI
My Commission: ,expires __,V,D 9�
STATE OF WISCONSIN )
SS.
WINNEBAGO COUNTY )
r
Personally came before me this e k ` day of ( ' „ ,
1989 , the above-named William D. Frueh, City Manager a f Don C.
Serwas, City Clerk of the City of Oshkosh, a muni pal
corporation, to me known to be the persons who executed the
foregoing instrument, and to me known to be such officers of said
corporation, and acknowledged that they executed the foregoing
instrument as such officers 'as .\the deed of said Corporation, by
its authority. (- 11-)U1 ._ . ida:\..tr,,,,,
Notary Public, Winnebago , WI
My Commission: ' -`-i- tg1t)
Appr. ed as o Farm nd Execution
Nt
1.
Wa ren P. Kraft, • ss . City Attorney
This document drafted by: Attorney John W. Pence, City Attorney
Oshkosh, WI 54901
2
/A f'.
DEVELOPER ' S AGREEMENT -5—_ >-C J
FOR FINANCING IMPROVEMENTS
THIS AGREEMENT is made pursuant to Section 66.60( 18) of the
Wisconsin Statutes providing for levying and assessing the cost of
various improvements to the property herein described .
WHEREAS, the Common Council of the City of Oshkosh approved
initial and final resolutions pursuant to Section 66.60 of the
Wisconsin Statutes upon execution and approval of a waiver,
executed by the undersigned , owner of property herein described , of
special assessment notices and hearing ; and
WHEREAS, the undersigned owner has heretofore agreed , in
consideration of installation of various improvements , to pay the
full cost of such improvements and related costs through special
assessment financing pursuant to Section 25-83 and 25-89 of the
Oshkosh Municipal Code upon certification by the City Engineer for
the City of Oshkosh that said improvements have been completed ; and
WHEREAS, the Common Council of the City of Oshkosh by resolu-
tion adopted May 4 , 1989 , authorized and directed the proper City
officials to enter into an appropriate agreement with the under-
signed owner to provide for full payment by the undersigned owner of
said improvements and related costs;
NOW, THEREFORE, IT IS HEREBY AGREED to by and between the City
of Oshkosh , a municipal corporation located in Winnebago County,
Wisconsin ("CITY") and ELVA IDA HINTZ AND SHIRLEY MAE JUEDES,
("OWNER") , in reliance on the representation and covenants made
herein, as follows:
1 . Owner covenants and warrants that it is the owner of all
property described as follows :
SECOND ADDITION TO FLORA KUHN KRUEGER PLAT ( Lots 49-60)
2. Owner has requested installation by City of various
improvements to said property described as follows :
Sanitary Sewer Grading & Graveling
Sanitary & Water Laterals Concrete paving
Water Main Concrete Sidewalk
Storm Sewer Engineering Services
3. City , or its designee , shall cause such improvements to be
installed according to the plans and specifications of the City
Engineer .
4. Special assessments may be paid by Owner in cash , or in
installments pursuant to Section 25-83 and 25-89 of the Oshkosh
Municipal Code in which case such deferred payments are to bear
interest at the rate of ten percent ( 10%) per annum on the unpaid
balance .
1
5. The attached exhibit , acknowledged by City and Owner as
being true and correct, is incorporated by reference as if fully
stated herein .
EXHIBIT "A" - Waiver of Special Assessment Notices and
Hearing under Section 66 .60 , Wisconsin Statutes
6. Owner, immediately upon voluntary divestiture of title to
any of the property heretofore described , shall fully pay the
outstanding assessments against the particular parcel subject to
divestiture. Divestiture shall mean the transfer of legal title
providing owner does not retain any lien or mortgage interest in
such parcel . In the event owner retains a lien or mortgage
interest in such parcel , the assessments shall be paid in full
within one ( 1) year from the date of sale. In the event owner
sells by land contract , the assessments shall be paid in full
within one ( 1) year from the date of the land contract.
7. Any refund which may be due Owner as a result of any
special assessment being in excess of the actual amount paid by
City for said improvements is assignable by Owner .
8. This Agreement and its attachments , may be recorded at
City's option and if so done , 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 : -- ' 1989 .
In the Presence of:
( Witness) Elva da/Hintz
(Witness ) Shirley -Mae Juedes
CITY OF OS ' OSH , a municipal
corporation
By: / 1 4
(Witness) William D . Frueh , City Manager
42LUZLI)
y
(Witness) Donna C . Serwas , City Clerk
(Places for notary public on ff. page)
2
STATE OF WISCONSIN )
) SS.
WINNEBAGO COUNTY )
Personally came before me this _J day of 7 -- ,
1989 , the above-named ELVA IDA HINTZ to me known to be the person
who executed the foregoing instrument and acknowledged that she
executed the foregoing instrument. }
Notary Public , Wi ne,bago Co . , Wis .
My Commission : /2 1J__,
STATE OF WISCONSIN )
SS.
WINNEBAGO COUNTY )
Personally came before me this / ) day of Me2 , 1989 ,
the above-named Shirley Mae Juedes to me known to be the person who
executed the foregoing instrument and acknowledged that she executed
the foregoing instrument .
Notary Public , Wi ago Co . , WI
My Commission : _..22 Z-)--
STATE OF WISCONSIN )
SS .
WINNEBAGO COUNTY )
Personally came before me this 4 day of nd ,
1989 , the above-named William D. Frueh, City Manager and onna C .
Serwas , City Clerk of the City of Oshkosh, a municipal corporation ,
to me known to be the persons who executed the foregoing instrument,
and to me known to be such officers of said corporation, and acknow-
ledged that they executed the foregoing instrument as such officers
as the deed of said Corporation , by its -uthority.
___ 2_-l `/x-
-- -- L
` 7-''fi� =°
Notary Public , Winnebago Co . , Wis .
My Commission : - l/ -=L `_-_.96) -
App oved as to Fo m and Execution
Warren P . Kraft , Asst .City Attorney
This document drafted by :
Attorney John W. Pence , City Attorney , Oshkosh , WI 54901
3
WAIVER OF SPECIAL ASSESSMENT NOTICES AND
HEARING UNDER SECTION 66 .60 , 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:
SANITARY SEWER, WATER MAIN, SANITARY & WATER LATERAL, STORM SEWER
GRADING & GRAVELING, CONCRETE PAVING AND CONCRETE SIDEWALK
In consideration of the construction of said improvements by the
city of Oshkosh, Wisconsin, I hereby admit that such public improve- -
ment will benefit said property and consent to the levying of special
assessments against the premises under Section 66.60 of the Wisconsin
Statutes for the cost of such improvements. In accordance with
Section 66.60 (18) of the Wisconsin Statutes , I hereby waive all
special assessment notices and hearings required by Section 66.60 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 FLORA KUHN KRUEGER PLAT
(LOTS 49 - 60) (22 LOTS)
BENEFITS DAMAGES
SANITARY SEWER None
Construction Cost = $14 ,010 .00
8% Engineering $ 1 ,120 .72
Total Cost= $15 ,130 .72
Cost/Lot= $15 ,130 .72/22= $687 .76
SANITARY & WATER LATERAL None
Construction Cost = $510 .00
8% Engineering $40 . 80
Cost/Lot = $550 . 80
WATER MAIN
Construction Cost = $15 ,039 . 86
8% Engineering $ 1 ,203 .18
Total Cost = $16 ,243 .04
Cost/Lot = $16 ,243 .04/22= $ 738 .32
„4 ..1
STORM SEWER
Assessment is based on frontage at building line plus cost of
rear yard drains and storm laterals .
Assessment= Frontage Rate + Rear Drains + Storm Laterals
= (883 .82+887 .79) 5 + 6 ,575 .58 + 16 (270)
= $8,858.05 + $6 ,575 .58 + $4,320
= $19,753 .63
Cost/Lot = $19 ,753 .63/22= $897 . 89
GRADING & GRAVELING •
Total Length = 1,004 feet
Estimated Construction Cost = $20 ,080 .00
Cost/Lot= $20 ,080/22= $ 912 .73
CONCRETE PAVING
Estimated Construction Cost = $60 ,240
Cost/Lot = $60 ,240/22= $ 2 ,738.18
CONCRETE SIDEWALK
Estimated Construction Cost= $17 ,006
Cost/Lot = $17 ,006/22= $ 773 .00
Signature of Owners: it
,„', i /74)
EL VA IDS HINTZ S L1 MAEJUEDES
Date: ?J(1,/ / i9T7 Date: r �
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