HomeMy WebLinkAbout33871 / 86-22April 17, 1986
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RESOLUTION
WITHDRAWN )
PURPOSE: APPROVE DEVELOPER'5 AGREEMENT - ORCHARD LANE ESTATES
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
BE IT RESOLVED by the Common Council of the City of Oshkosh
that the proper City officials are hereby authorized and directed to
enter into the attached Developer's Agreement for the second portion
of Orchard Lane Estates for installation of various utilities and
grading, graveling and paving of Lots 6-27.
�
SUBNITTED BY
APPROVED
Resolution # 22
DEVELOPER'S AGREEMENT
FOR FINANCING IMPROVEMENTS
THIS AGREEMENT is made pursuant to Section 66.60(18) of the
Wisconsin Statutes pzoviding 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 S`atutes 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
resolution adopted 17th day of April, 1986 authorized and directed
the proper City officials to enter into an appropriate agreement
with the undersigned 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 Garry H. Decker,Cheryl Decker and Geraldine
Dodge ("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:
ORCHARD LANE ESTATES (Lots 6-27)
2. Owner has requested installation by City of various
improvements to said prope*ty dsscrib�d as fc2lows:
Sanitary
Laterals
Concrete
Sewer
Paving
Water Main
Grading & Graveling
Storm Sewer
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
- 38a -
Resolution # 22
interest at the rate of ten percent (108) per annum on the unpaid
balance.
5. The attached exhibits, acknowledged by City and Owner as
being true and correct, are incorporated by reference as if fully
stated herein.
EXHIBIT "A" - Waiver of Special Assessment Notices and
Hearing under Section 66.60, Wisconsin Statutes
EXHIBIT "B" - Memorandum to City Attorney Relative to
Improvement Costs
(NOTE: In the event Owner desires to install a portion of the
various improvements on its own, as outlined in the above exhibits,
Owner and City, having specific Common Council authority to do so,
hereby affirm and mutually agree to such terms as contained in said
exhibits providing for developer-installed improvements.)
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 attachm�nts, 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 pezsons of each party and
their corporate seals, if any, to be hereunto affixed.
Dated:
In the Presence of:
1986.
(Witness) Garry H. Decker
(Witness) Cheryl Decker
2
�ela:s
Geraldine Dodge
STATE OF WISCONSIN
WINNEBAGO COUNTY
(Witness)
(Witness)
)
) SS.
)
Resolution # 22
CITY OF OSHKOSH, a municipal
corporation
By:
william D. Frueh, City Manager
And:
Donna C. Serwas, City Clerk
Personally came before me this day of , 1986,
the above-named Garry H. Decker and Cheryl Decker to me known to be
the persons who executed the foregoing instrument and acknowledged that
they executed the foregoing instrument.
STATE OF WISCONSIN
WINNEBAGO COUNTY
)
) SS.
)
Notary Public, Winnebago Co., Wis.
My Commission:
Personally came before me this day of , 1986,
the above-naned Geraldine Dodge to me known to be the person who
executed the foregoing instrument and acknowledged that she executed
the foregoing instrument.
STATE OF WISCONSIN
SS.
WINNEBAGO COUNTY
Notary Public, Winnebago Co., WI
My Commission•
Personally came before me this day of , 19g6
the above-named William D. Frueh, City Manager and Donna 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 acknowledged that they executed
the foregoing instrument as such officers as the deed of said
Corporation, by its authority.
3
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Notary Public, Winnebago Co., Wis.
My Commission:
Approved as to Form and Execution
Warren P. Rraft, Asst.City Attorney
This document drafted by:
Attorney John W. Pence
City Attorney
Oshkosh, WI 54901
i�I�
Resolution # 22
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EXHIBIT A
Resolution # 22
WAIVER OF SPECIAL ASSESSMENT NOTICES AND
HEARING UNDE� SECTION 66.60, WISCONSiN STATUTES
The undersigned� awners 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, LATERALS� 6RADING & GRAVELING�
STORM SEWER� CONCRETE PAVIFdG
In consideration of the construction of said improvements by
the city of Oshk:osn, Wisconsin, I hereby admit that such public
improvement will henefit said property and consent to the levying
o? special assessments against the premises under Section 66.60
of the Wisconsin Statutes fer the cost of such improvements. In
accordance with Section bb.bU(18> of the Wisconsin Statutes, I
hereby waive all special assessment notices and hearings required
hy Section �6.60 of the Wisconsin Statutes; and i further agree
e.nd a.:�mit that the ber.efit of ��y property from the construction
cr' such improvements is in proportion t❑ tha -Footage thereof:
De=criEtien af F'r�mises
Second partion o{ GRCHARD LFF1� ESTATES PLAT�
SANITe=�n`{ SF(ilER
(Lots 6-13; IB-27)(18
4JATER MAIN
(Lats eS-13; 16-27)(18
LATERALS
(Lots 6-13g24-273(12
6RADIN6 & 6RAVELINC
------- - -------
<Lots 6-1�g24-27)(12
CONCFETE PAVIhG
-------- -----
(Lots b-1:;;�4-27) (12
STOFiM SELJEri
(Lots 6-27)(22 lats)
Signature of Owner
Street Address
City
Signatu�e of pwner
Street Address
City
lots)
lots)
lots)'
lots)
lots7
BENEFITS
�21�926.00
�26�877.06
� 6�35�.40
� 9,144.��0
�30�48p.v0
� 9,U29.46
� ��� ,
GAFFY H� �ECF::Efi� OWNER
L�flf1AGE5
None
None
None
None
None
None
--�// � ------ ° L'=�Q-`'�----=r T -
--- �--
--- n .T�l� _D.si�----�
----------------
--- "�-ta�--- �icl�;_----------------
CHEFYL DECk:ER, OWNER
�
--= �- �--1`'!1 �-------------------
= 38e -
Resolution # 22
J
Signature of Owner __��/��1/)i�[�,(��y2(/ _d/� U
GE{;RLDINE DODGE� Q cF
----------
Street Address _L��Q �/� �*�J __ �_p=Z__
c� �Y _�'�e��/'_�_ r�%4,'----��-�y� L---
Date:
- 38f -
�
EXHIBIT A
ExxzazT s
Resolution # 22
To: John Fence, City Attorney
From: Ed potempa� Engineering Division
Date: March 26� 1986
Subject: OFCHARD LANE E5TATES F'LAT IMF'ROVEMENT COSTS
Following ia an estimated cost of improvements 4or the second
pertion of the Orcnard Lane Estates Flat:
(based on contract 86-08 hid prices)
Sanitary Sewer
�20,302 (constructian cpst)
$ 1�b24 <8'l. engineering)
�21,926 Total
(Serves lots 6-13y 18-27) 18 lots
CostJLot= �21,926/18= �1�218.11
Water Main
-----
�24,?86 (canstruction cost)
� 1�991 (S% engineerin�)
�26,877 Total
(Serves Iots 6-13;18-27} 18 lats
Cost/Lot= ��6,$77/1H=
Laterals
�1,49�.17
� 49� (construction cost per lot)
� 34.2� (8% engineeri�g)
$ 5�4.2U (Total Cost Fer Lot1
(Serves Lots b-13� 24-27) (12 lots)
Grading ?< Grav_eling � 9�144.U0
<Serves lots b-13� 24-27)(12 lpts)
Cost/Lot= �9,144/12= �762/lot
Concrete F'av_ing c�?�iS48C�
(Serves lots 6-13� 24-27><12 lots)
Cost/Lot= �30,4B0/12= � 2�540
Storm Sewer _t 9�c'i?9.4!i
<Serves Lots 6-27)(22 Lots)
CostlLot= �9�029.40/22 = �410.43
�t�lNERS OF TFi� FLF1T AFiE �ERRY H
GERRLDINE BClD6E.
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DECk:ER ro CHrRl`L DECf�'EF:, AND
LOTS b-13 (EACH LOT)
SANITAkY
WATEk
LATERAL
GRADE b GaAVEL
CONCRETE PAVIN6
STOftM SEWER
LOTS 14-17 (EACH LOT)
SANITARY
WATER
LATcRAL
6RADE � 6RAVEL
Cn�ICRE?E PAVItd6
STGRM SE;rsER
I.QTS 18-23 (EACH LOT)
SAftiITf�RY
WATEF:
LATEF_AL
GRADE & 6RAVEL
COIVCRETE FAVIiVG
STORM SEWER
LQTS 24—�7 tEACH LOT)
SANITAF:Y
WATER
LATERAL
GRADE ?� GRAVEL
CONCRETE FAVING
STORM SEWER
COST/LOT EREAKDOWN
$1,218.11
�1,493.17
� 529.2�
� 762.n0
�2�540.04
# 41�.43
Future installation
Future installation
Future installation
Future installation
Future installation
E 41U.43
�1,218.11
$1,493.17
Future installaticn
Future installatio�
Future installation
� 410.43
�1,218.11
41�493,17
� 529.20
3 762.Q0
$�,540.U0
� 410.43
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EXHIBIT B
Resolution # 22
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