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Home My WebLink About35031 / 88-263 September I , 1988 # 263 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE DEVELOPER AGREEMENT - SHERIDAN ESTATES INITIATED BY: DEPARTMENT OF PUBLIC WORKS 8E IT RESOLVED by the Common Council of the City of Oshkosh that the attached Developer AGreement for Sheridan Estates Plat is approved and the proper City officials are authorized and directed to execute the agreement. SJbMi:TED BY ��_ AYFROVED '----� - 26 - RES. N263 DEVELOPEA ' S AGFEEMENT FOA CIPIANCING IMPflOVEMEt7T5 THIS AGAEEMEtlT is aade pursuont to Section 66.60( 18) of the Wisconsin Statutes and Section 30-70(A)(2) of the OshXOSh Municipal Code providing for levying and aasessin�� the cost of vzricus improvements to the property herein described . . IvHEAEAS , the Common Council cf the City of OstiS;osh will be asked to aFDrove initial znd 1'inai resolui ':cns pursuact to °ection 66.60 of the h'i�consin Statutes upur, execution and approval ot a waiver , executed by the undersigr.ed , owr.er of property herein de�- cribed , of special assessment notices and hearin�3 ; and WHEAEAS , the underci�5ned owr.er by this i:�trur.,enC is agreein6 , in conslderation of instzllztion of various inprover,enCS , to Day the Cu11 Cost of such improvene.^.ts ind r_ !atcd costs throu�h private financin� , or through special zs,essment finencing purscant to Sectlon 25-83 and 25-89 of the Oshkosh Nuricipal Code upon certification by the City En;;ineer for the City of Oshkosh that said improvee:ents have been completed ; and WHER6A5 , the undersigr.ed ow!ier has executed and filed a duly signed waiver of soeciai assessment notices and hering underSectior. 66 .60 of the Wisconsin Statutes regardir,g the improvements; and WHEREAS , the Common Council of the City ot Oshkosh by resolu- Lion adoptetl _Segtember__ 1 , 1988 , authorized and dlrecteC the proper City officials to enter into an appropriate avreement wiCh the untler- sioned oi+ner to pruvide for Pc11 p�,yr.:ent Uy tY�e undersigr,ed o�incr of said improvecients and related costs ; NOW, THEACFORE , IT IS HEPEBY AGAEGD to Gy and between the City of Oshkosh , a .unicip_ ' corG��'atior. located in Winne- ba;;c Couaty , 4lisoonsin ("CITY") �nd Garry Fl. and Cheryl G. Decker ("OWtIER") , in reli�nce on the relresente.tion �r.d uovenants made herein , as follows : 1 . Ouner eovanants antl warrants ihac it is inc o �n: er of all property described as foliows : SHEAID,1t] FSTATES PLAT 2. Owr.er has requ_sted instzilatien 7y City of vzricus improvements te �aid property descr!bed as follows : Conerete Pavine Concrete Sidewalk 1 - 26a - Res. N263 3• City , or its designee , shall cause such improvements to be installe� according to the plans and specifications of the City Enoineer . 4. Special assessments , iP utilized � may be paid by Owner in cash , or in installments pursua.°.i to Sectio.^. 25 -83 and 25-89 of the Oshkosh Municipal Code ir, which case such deferred payments are :o bear interest at the rate of ten pe:cc��t ( 10%) Gcr annuni on the unpaid balance. Owner is installing pursuant to authorizzticn of the City , sanitary sewer , water m_in and laterals , storm seaer and grading and gravelino, and has complied with Section 30-70(A) (2) of the Osnkosh Muniuipal Code. 5 . The attached exhibits , acknowledged by City ar,d Owner as being true and correct , are incorporated by reference as iF fully stated herein . E%HISIT "A" - 4!aiver of Special Assessment 0otices arid Hearir,g Under Section 56.60 , Wisco^sir. St>totes 6. Owner , immediately upon voluntary divestiture of title to any of the property heretofore described , shall fully pay any outstanding assesscent� against the par: icu :ar paroe ! eubject to divestiture. Divestiture sha11 r�c�n th? trar,sfer of : egal title providino o�iner does not retair, ariy 1 _c❑ or �cortgaoe ir.terest Sn such parcel . In the event ouner retzins z lien or mortgage interest in such parcel � the assessments shall be paid in full wlthin one ( 1) year froa the date of sale. Ir. the event owner sells by land contract , the assessmer.ts shs11 be Faid !n full sithin or,c ( 1) year from the �d=_t= of tne land cor.trzct. 7 . Any refunJ w'nich oay be due Owner ae a resulc ot any special assessoent bein� in excess ot the actu2l �n:ounc paid by City for said improvenents is assignable by Owner . 8. Ow�er shall coniply with the approGriate provisions oP Art.cle XV , Chapter 30 , Suhdivision Provisions , of the Oshkosh tlunlcipal Code ir, tt�e developmest oP this subtiivisior. . 2 - 26b - REs. #263 9. This Agreement and Sts attachoents , may De recorded at City 's option and if so done , shall serve as Notice of Li.en aEainst such properties . IN WITNE55 HHEAEOF , the parties heretofore have caused this Agreement to be signed by the Droper persons of each party and their corporate seals , if any , to be hereunto affixed . � ^ , Dated : --%----r'----------' 1988 . In �he Presence oP; � � . �; . � P dd / i . � 'i � '�" � \ , . .. �lid�f-._.___�YY,'.ci'L. ' '__ '__.________'_____"`____/'____ ( Witn ss ) �G �ry H . &ecker �--�//�� . '____,°�Cy •4"1l�,2Z^ .l L � l� -� - -;�---� ----�=----=-- ---�-------- ( Wit , J 0heryl G . Decker CITY OF OSHKOSH , a municipal corporation ______'_______`__'____________ By ' ______________________________ ( 4litness ) William D . Frueh , City Manader ______________________________ And : ___________'_________________ ( Witness) Donna C . Serwas , City Clerk STATE OF WISCONSIN ) ) S5 . WINNEBAGO COUNTY ) q Personally came before n�e this �1,C��day of <-U 1988 , the 2bove-named Carry H. Decker and Cheryl G ec to me known to be the persons uho execoted the foregoing instrument and acknowledeecJ that they executed the foregoing Instrument. -��_�� Notery Pubiic � Hinnebf-go C , Wis . t4y Commission : _!�=[-_,P�_______ STATE OF WISCONSIN ) J SS . WINNEBAGO COUNTY ) Personally cane before me this ______ day of _______________, 1988, the above-named William D. Frueh , City Manager and Donna C . Serwas , City Clerk of the City ot Oshkosh , a municipal corporat:on , to me kr.own to be 3 - 26c - Res. H263 the persons who executed the foregoing instrument , and to ee known to be such officers of said corDOration , and acknowledged that they executed the foreEOicg instrument zs scch officers as the deed of said Corporation , by its authority . ______'_______________'______________ Notary Public � WinneDago Co . � Wis . My Cammission : _'___________________ Approved as to Form and Execution ______________________________'__ Warren P . Kraft , Asst .City Attorney This document drafted by ; Attorney John W . Pence City Attorney Oshkosh , WI 54901 4 - 26d - Res. #263 WAIVER OF SPECIAL ASSESSMENT NOTICES AND HEARING UNDER SECTION 66 .60� WISCONSIN STATUTES The undersigned , owner of propecty benefited by the following impzovements to be made by the city of Oshkosh, Winnebago County, state of Wisconsin, to wit: � . 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 impcovement will benefit said propecty and consent to the levying of special assessments against the pcemises under Section 66.60 of the Wisconsin Statutes for the cost of such improvements. In accordance with Section 66 .60 (16) of the wisconsin Statutes , I hereby waive all special assessment notices and hearings required by Section 66.60 of the wisconsin Statutes; and Z further agree and admit that the benefit of my property from the constcuction of such improvements is in proportion to the footage thereof; Descciotion of Premises SHERIDAN ESTATES PLAT � BENEr^ITS DAitAGES CONCRETE PAVING 560 ,432 .50 C1one Cost Per Lot = 560 ,432 .50 = 53 ,021 .63/LOt CONCRETE SIDEWALK Lot 1 = S 597 .50 Lot 2 = S 597 .50 Lot 3 = S 597 .50 Lot 4 = S 597 , 50 Lot 5 = 51 , 843 .25 Lot 6 = 51 , 843 .25 Lot 7 = S 597 .50 Lot 8 = S 597 . 50 Lot 9 = S 597 . 50 Lot 10 = 5 647 .00 Lot 11 = 5 647 , 00 Lot 12 = S 597 .50 Lot 13 = S 597 .50 Lot 14 = 5 597 .50 Lot 15 = 51 ,703 .00 Lot 16 = 51 ,703 .00 Lot 17 = 5 597 .50 Lot 18 = S 597 .50 Lot 19 = S 597 .50 Lot 20 = S 597 , 50 - 26e - � Res. #263 Signatuee of Owne : � 'r � � � � u lA'� ��— � . 'A� Q�'c<1 GARRY H��ECRER CAERYL G. �ECRER Date: �� - � � - 26f - 2 � a cn m a a � ° -�o �+°v v�i A rv+ ay G � • � O lD t+ O p z Q �n tD N .. N T Z O lJ N aa < � o - � mo N � O —i �O O W N V O] Z _. n � z m m � m � �. � � � , m -s n a � '..