city of menasha packet 4-21-20.pdf · 2020-04-17 · moved by ald. ropella seconded by ald. ted...

It is expected that a Quorum of the Personnel Committee, Board of Public Works, and Common Council will be attending this meeting: (although it is not expected that any official action of any of those bodies will be taken)

"Menasha is committed to its diverse population. Our Non-English speaking population and those with disabilities are invited to contact the Menasha City Clerk at 967-3603 24-hours in advance of the meeting for the City to arrange special accommodations."

CITY OF MENASHA ADMINISTRATION COMMITTEE

Tel-Web Conference To Join the meeting:

https://global.gotowebinar.com/join/8754870538548953356/490074883 or

United States (Toll-free): 1 877 309 2074

United States: +1 (914) 614-3429

Access Code: 400-036-060 #

Audio PIN: When prompted just hit #

Webinar ID: 629-956-779

April 21, 2020

6:30 PM AGENDA

A. CALL TO ORDER

B. ROLL CALL

C. MINUTES TO APPROVE 1. Administration Committee, 3/2/2020 D. DISCUSSION/ACTION ITEMS

1. Election of Chairman 2. Election of Vice-Chairman 3. Development Agreement between the City of Menasha and Woodland Development

LLC for the Third Addition to Woodland Hills

E. ADJOURNMENT

https://global.gotowebinar.com/join/8754870538548953356/490074883

CITY OF MENASHA ADMINISTRATION COMMITTEE

First Floor Conference Room 100 Main Street, Menasha

March 2, 2020 MINUTES

A. CALL TO ORDER

Meeting called to order by Chairman Nichols at 9:44 p.m.

B. ROLL CALL PRESENT: Aldermen Ann Schmidt, Tom Grade, Ted Grade, Randy Ropella,

Rebecca Nichols, James Taylor, Stan Sevenich. ABSENT: Alderman Mark Langdon ALSO PRESENT: Mayor Merkes, CA Captain, CDD Schroder, DPW Alix, Clerk Galeazzi.

C. MINUTES TO APPROVE 1. Administration Committee, 2/17/2020 Moved by Ald. Ropella seconded by Ald. Ted Grade to approve minutes. Motion carried on voice vote. D. DISCUSSION/ACTION ITEMS

1. O-03-20 An Ordinance Amending Title 13, Chapter 1, Article G, of the Code of Ordinances (Fences). Introduced by Alderman Ropella; Recommended by Plan

Commission CDD Schroeder explained staff reviewed the current fence ordinance and discovered numerous issues that needed to be addressed. Staff is recommending completely repealing the current ordinance and replacing it with the recommended changes.

Moved by Ald. Ropella seconded by Ald. Ted Grade to recommend to Common Council approval of O-03-20 An Ordinance Amending Title 13, Chapter 1, Article G, of the Code of Ordinances (Fences). General discussion ensued on height of decorative fences and replacement of existing fences must follow new ordinance. Motion carried on roll call 6-1. Ald. Taylor voted no. 2. O-04-20 – An Ordinance Amending Title 2, Chapter 3 of the Code of Ordinances

(Municipal Officers and Employees). Introduced by Ald. Ted Grade & Mayor Merkes. CA Captain explained the changes reflect the recent approval of Administrative Services Director to Finance Director and adding the role of Human Resources Director to City Attorney. Moved by Ald. Ted Grade seconded by Ald. Schmidt to recommend to Common Council approval of O-04-20 An Ordinance Amending Title 2, Chapter 3 of the Code of Ordinances (Municipal Officers and Employees). Motion carried on roll call 7-0.

Administration Committee Minutes March 2, 2020 Page 2

3. R-06-20 – A Resolution Approving an Affordable Housing Extension Through Tax Increment District No. 6 to Benefit Affordable Housing and Improve Housing Stock Within the City of Menasha. Introduced by Mayor Merkes and Ald. Sevenich. CDD Schroeder gave a brief history of Tax Increment District (TID) No. 6 and the early closing of TID No. 6. Staff is recommending placing the excess increment from TID No. 6 into the Strong Neighborhoods Housing Program. Placing the excess increment in the Strong Neighborhoods Housing Program will allow staff to work to acquire property around the Appleton Water Plant to install a street to allow access to future development in the area. Moved by Ald. Sevenich seconded by Ald. Ted Grade to recommend to Common Council approval of R-06-20 A Resolution Approving an Affordable Housing Extension Through Tax Increment District No. 6 to Benefit Affordable Housing and Improve Housing Stock Within the City of Menasha. General discussion ensued on how increment is distributed to the different tax entities and the use of the Strong Neighborhoods program. Motion carried on roll call 5-2. Ald. Sevenich, Schmidt, Tom Grade, Ted Grade, Ropella voted yes. Ald. Nichols, Taylor voted no. 4. R-07-20 – A Resolution Terminating City of Menasha Tax Increment District (TID) No. 6, Authorizing the City Treasurer to Distribute Excess Increment to Overlying Taxing Districts. Introduced by Mayor Merkes and Ald. Sevenich. Moved by Ald. Sevenich seconded by Ald. Ted Grade to recommend to Common Council approval of R-7-20 A Resolution Terminating City of Menasha Tax Increment District (TID) No. 6, Authorizing the City Treasurer to Distribute Excess Increment to Overlying Taxing Districts. Motion carried on roll call 7-0.

E. ADJOURNMENT

Moved by Ald. Taylor seconded by Ald. Ted Grade to adjourn at 10:29 p.m. Motion carried on voice vote. Deborah A. Galeazzi, WCMC City Clerk

City of Menasha ● Department of Community Development

100 Main Street ● Menasha, Wisconsin 54952 ● Phone (920) 967-3650 ● Fax (920) 967-5272 www.cityofmenasha-wi.gov

MEMORANDUM

To: Administration Committee

From: Community Development Department/SS

Date: April 21, 2020

Re: Development Agreement between the City of Menasha and Woodland Development, LLC for the Third Addition to Woodland Hills

Over the past year, the City has worked with Woodland Development to approve the preliminary and final plat of the Third Addition to Woodland Hills creating 19 new single family residential lots continuing the extension east from Kernan Drive. The preliminary plat was reviewed and approved by the City Plan Commission and the Common Council in the fall of 2019. On March 3, 2020, the City Plan Commission reviewed and recommended approval of the final plat which was forwarded and approved by the Common Council on March 16, 2020.

Similar to past developments, the City has historically come into terms in the form of a development agreement for acknowledgement of street improvements and the organization of the deferred assessment on the initial street construction. Below is a summary of the draft development agreement:

1. On or before 10/1/2020, Woodland shall cause the installation of the initial infrastructure2. Defines infrastructure3. City shall pay Woodland Development up to $745,817.50 for the cost of infrastructure4. City shall allow the usage of the Deferred Assessment Policy for the cost of the initial

infrastructure.5. City shall determine the assessment amount to each lot.6. Woodland Development shall at a minimum pay the special assessment on 3 lots per year

commencing in 2021. Having 4 lots due in the final year, the full deferred assessmentamount shall be due no later than December 31, 2026.

7. City shall cause the final roadway to be constructed which will be assessed to the propertyowners at that time.

8. Confirm Parkland Dedication Fees9. Condition of final approvals10. Note of assigns Language11. Binding Language12. Dispute Language13. On or before 7/1/20, the final plat creating 19 new SF Residential lots shall be recorded.14. Amendment Language

With this, Staff is recommending the Administration Committee recommend approval of the Development Agreement between the City of Menasha and Woodland Development, LLC for the creation of 19 new single family residential lots.

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THIRD DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MENASHA, WISCONSIN AND WOODLAND DEVELOPMENTS, LLC

THIS AGREEMENT is entered into on this day of , 2020 between the City of Menasha (City) and Woodland Developments, LLC (Woodland). WHEREAS, the City has determined that the development of residential property known as the Third Addition to Woodland Hills (Phase I) as depicted in the attached Exhibit A (Development Property) creating 19 new single family residential lots is desirable for the City of Menasha; and,

WHEREAS, the City Plan Commission reviewed and approved the preliminary plat on October 8, 2019 and reviewed and approved the final plat on March 3, 2020; and,

WHEREAS, the City Common Council reviewed and approved the preliminary plat on October

21, 2019 and reviewed and approved the final plat on March 16, 2020; and, NOW THEREFORE, the parties mutually agree as follows:

1. On or before October 1, 2020, Woodland shall cause the installation of all infrastructure except the temporary asphalt mat, curb and gutter and final paving. The temporary asphalt mat shall be installed no later than July 1, 2021. Curb and gutter and final paving shall be installed by City at a future date as it deems necessary. (City has the authority to inspect such infrastructure during construction.)

2. For purposes of this agreement, the term “infrastructure” shall include the following: a. Sanitary sewer mains and laterals, water mains and laterals, storm sewer mains

and laterals, street and trail gravelling and grading; b. Temporary asphalt mat; c. Final street and trail paving; including curb and gutter; d. All engineering costs to design and plat the subdivision, bid and let all

construction work, oversee construction to City specifications, land surveying, etc.; and

e. Installation of electric service to the lots by Menasha Utilities. 3. The City will pay to Woodland the actual cost of the infrastructure within 30 days of the

receipt of any billing for such infrastructure. The cost of infrastructure will not exceed the price which the City would have paid had it installed the infrastructure. Woodland shall advise the City as to the firm cost within 90 days after installation of the infrastructure. This total amount shall not exceed $745.817.50. Estimated cost are attached as Exhibit B.

4. The City shall, pursuant to its deferred assessment policy under sec. 3‐2‐16 levy an area special assessment for the costs of the infrastructure identified in #2 above against the benefited properties consisting of the lots in the Development Property owned by Woodland.

5. The City shall determine what portion of the area assessment is assigned to each lot as a special assessment, which shall be due and payable at the time of the transfer of that lot.

6. Woodland shall pay the special assessments owed on not less than three (3) lots per year commencing in 2021 and four (4) the remaining year. Such payment shall be made on or before December 31 each year and continue until special assessment on all lots are paid. The full deferred assessment amount shall be due no later than December 31, 2026.

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7. At the time the Development Property reaches 80‐90% completion or 5 years, whichever comes first, the City of Menasha shall have right to cause the final roadway to be constructed including, but not limited to milling existing pavement, curb and gutter, 4” asphalt pavement of the street and trail, and site restoration. This final street construction will be additionally assessed to each individual property owner. The Developer shall notify each prospective buyer of the future assessment, in writing, prior to acquisition of property and file a copy of said notice with the City. Failure to provide copies of all such notices to the Community Development Department shall constitute a serious and material breach of this contract by Woodland.

8. Parkland dedication fees in the amount of $550 for each lot shall be collected from the applicant upon issuance of a building permit.

9. The various specific undertakings of the City described in this Agreement require approvals from the City’s Common Council and/or Planning Commission as well as from governmental bodies external to the City, some of which approvals may require public hearings and other legal proceedings. The City’s obligations are conditioned upon obtaining all such approvals in the manner required by law. The City cannot assure that all such approvals will be obtained, but will use good faith efforts to obtain such approvals on a timely basis.

10. The rights, duties and obligations of the parties hereunder shall not be assigned without the prior written consent of both parties to the assignment.

11. This agreement shall be binding upon all successors, heirs, and assigns of the parties and shall run with the land.

12. The State of Wisconsin and Calumet County are designated as jurisdiction and venue in the event of any legal dispute concerning this agreement.

13. On or before July 1, 2020, the final plat, creating 19 new single family residential lots shall be recorded in the office of the Calumet County Register of Deeds. Said plat must include all improvements as required by the City of Menasha subdivision regulations. This agreement shall terminate if a final subdivision plat of the subject property has not been recorded in the office of the Calumet County Register of Deeds by such date.

14. The parties agree to this constitutes the complete agreement of the parties. Any amendments shall not become effective until agreed to in writing and signed by all parties.

CITY OF MENASHA WOODLAND DEVELOPMENTS, LLC Donald Merkes, Mayor Michael H. Hagens, Member Deborah A. Galeazzi, City Clerk Carl A. Bowers, Member

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Exhibit A ‐ Third Addition to Woodland Hills (Development Property)

[INSERT SUBDIVISION PLAT]

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There are no objections to this plat with respect to Secs. 236.15, 236.16, 236.20 and 236.21(1) and (2),Wis. Stats. as provided by s. 236.12, Wis. Stats.

Certified __________________, 20_____

Department of Administration

1445 McMAHON DRIVE NEENAH, WI 54956

Mailing: P.O.BOX 1025 NEENAH, WI 54957-1025

Tel: (920) 751-4200 Fax: (920) 751-4284

www.mcmgrp.com

McMAHON

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30'

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LOT 1 C.S.M. NO. 2823

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UNPLATTED LANDS OWNED BY WOODLAND DEVELOPMENT, LLC THE DEVELOPER

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UNPLATTED LANDS

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GOSLING

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WAY

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COURT

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NORTH 1/4 CORNER SECTION 17-20-18 STONE MONUMENT FOUND

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NORTHWEST CORNER SECTION 17-20-18 2"X30" IRON PIPE/CALUMET COUNTY ALUMINUM CAP FOUND

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CANVASBACK DRIVE

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SNOW GOOSE LANE

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CYGNET COURT

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DEDICATED TO THE PUBLIC

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EAST LINE OF THE NW1/4 OF THE NW1/4 SEC 17-20-18

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VACATED GOSLING WAY

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APPROXIMATE CENTER INTERMITTENT STREAM

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NORTH LINE NW1/4 SETION 17

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POINT OF BEGINNING

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ELEVATION OHWM 760.2 USGS WATER ELEVATION 759.6 USGS OCTOBER, 2015

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APPROXIMATE 50' SETBACK FROM ORDINARY HIGH WATER LINE

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APPROXIMATE CENTER INTERMITTENT STREAM

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APPROXIMATE CENTER NON-NAVIGABLE DITCH

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APPROXIMATE CENTER NON-NAVIGABLE DITCH

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ELEVATION OHWM 756.3 USGS WATER ELEVATION 754.3 USGS OCTOBER, 2015

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SECOND ADDITION TO WOODLAND HILLS

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SECOND ADDITION

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WOODLAND HILLS

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SECOND ADDITION

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WOODLAND HILLS

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(N08°56'46"E)

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(N12°24'33"E)

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(S71°32'25"E)

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APPROVAL AGENCIES CITY OF MENASHA AGENCIES HAVING AUTHORITY TO OBJECT DEPARTMENT OF ADMINISTRATION CALUMET COUNTY PLANNING AND ZONING COMMITTEE WISCONSIN DEPARTMENT OF TRANSPORTATION

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STORM WATER DETENTION AND DRAINAGE EASEMENT RESTRICTIONS 1. Maintenance of all drainageways and associated drainage structures within the subdivision is the Maintenance of all drainageways and associated drainage structures within the subdivision is the sole responsibility of the property owners of the subdivision, unless otherwise noted on the drainage plan which has been prepared for this subdivision and which has been approved by and is on file with the City of Menasha. 2. Upon failure of the property owners to perform maintenance of the drainage ways and Upon failure of the property owners to perform maintenance of the drainage ways and associated drainage structures, the City of Menasha retains the right to perform maintenance. Maintenance includes, but not limited to, the removal of silt and decomposed vegetation that gradually accumulates in the bottom of the pond and/or ditch. While the City of Menasha shall maintain the structural integrity of this pond including the erosion control and the long term maintenance, the payment of said maintenance may be assessed to the individual lot owner(s) or equally assessed among the property owners of this Subdivision. 3. Upon final grading, the developer and/or lot owner(s) shall comply with the surface water Upon final grading, the developer and/or lot owner(s) shall comply with the surface water drainage plan as approved by the City of Menasha. 4. The Storm Water Detention & Drainageway areas shall be constructed according to the approved The Storm Water Detention & Drainageway areas shall be constructed according to the approved drainage plan. The easement area may not be filled or altered in any way without the consent of the City of Menasha. 5. Any land below the ordinary high water mark of a lake or a navigable stream is subject to the Any land below the ordinary high water mark of a lake or a navigable stream is subject to the public trust in navigable waters that is established under Article IX, Section 1, of the State Constitution.

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PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 AND THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 20 NORTH, RANGE 18 EAST, CITY OF MENASHA, CALUMET COUNTY, WISCONSIN.

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mabing, W:\PROJECTS\W0942\91700510\CADD\Civil3D\Survey Documents\SUBDIVISION PLATS\Final Plat-Third Addition to Woodland Hills.dwg, sheet 1, Plot Date: 3/18/2020 12:59 PM, xrefs: (m&e cncept conv to mcm layers phase i, x-m&e wetlands) , W:\PROJECTS\W0942\91700510\CADD\Civil3D\Survey Documents\SUBDIVISION PLATS\Final Plat-Third Addition to Woodland Hills.dwg, sheet 1, Plot Date: 3/18/2020 12:59 PM, xrefs: (m&e cncept conv to mcm layers phase i, x-m&e wetlands) W:\PROJECTS\W0942\91700510\CADD\Civil3D\Survey Documents\SUBDIVISION PLATS\Final Plat-Third Addition to Woodland Hills.dwg, sheet 1, Plot Date: 3/18/2020 12:59 PM, xrefs: (m&e cncept conv to mcm layers phase i, x-m&e wetlands) , sheet 1, Plot Date: 3/18/2020 12:59 PM, xrefs: (m&e cncept conv to mcm layers phase i, x-m&e wetlands) sheet 1, Plot Date: 3/18/2020 12:59 PM, xrefs: (m&e cncept conv to mcm layers phase i, x-m&e wetlands) , Plot Date: 3/18/2020 12:59 PM, xrefs: (m&e cncept conv to mcm layers phase i, x-m&e wetlands) 3/18/2020 12:59 PM, xrefs: (m&e cncept conv to mcm layers phase i, x-m&e wetlands) , xrefs: (m&e cncept conv to mcm layers phase i, x-m&e wetlands) (m&e cncept conv to mcm layers phase i, x-m&e wetlands)

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THIRD ADDITION TO WOODLAND HILLS

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NOTE: FRONTYARD BUILDING SETBACKS TO BE 25 FEET UNLESS NOTED OTHERWISE.

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THIS INSTRUMENT DRAFTED BY: %%UMarty Abing

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SHEET 1 OF 2

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- FOUND MARTENSON & EISELE MONUMENT WITH CAP

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- CERTIFIED LAND CORNER

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CALUMET COUNTY

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%%U LEGEND %%U

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- RECORDED BEARING AND/OR DISTANCE

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- SQUARE FEET

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( )

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S.F.

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- 1 1/4" STEEL REBAR FOUND

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- 12' UTILITY EASEMENT

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- 25' BUILDING SETBACK LINE PER CITY CODE 30' BY PRIVATE COVENANTS

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- 1 1/4" x 30" ROUND STEEL REBAR WEIGHING 4.30 lbs./lineal ft. SET

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ALL OTHER LOT CORNERS STAKED WITH 3/4" X 24" ROUND STEEL REBAR, WEIGHING 1.50 LBS./LIN. FT.

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- EXISTING WETLANDS DELINEATED BY McMAHON ASSOC. 2014

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- 5'/10' UTILITY EASEMENT

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BEARINGS ARE REFERENCED TO THE NORTH LINE OF THE NORTHWEST 1/4, SECTION 17, TOWNSHIP 20 NORTH, RANGE 18 EAST, CALUMET COUNTY, WISCONSIN WHICH IS ASSUMED TO BEAR S89°36'26"W

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SCALE - FEET

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1" = 60'

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LOCATION MAP SHOWING SECTION 17, T20N, R18E, CITY OF MENASHA, CALUMET COUNTY, WISCONSIN.

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NW 1/4

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SW 1/4

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SE 1/4

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NE 1/4

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HWY 10 & 114

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C.T.H. LP

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VILLAGE OF HARRISON

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VILLAGE OF HARRISON

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CITY OF MENASHA

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CITY OF MENASHA

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OWNERS & DEVELOPERS: -WOODLAND DEVELOPMENT, LLC -C/O MIKE HAGENS -N319 BREEZEWOOD DRIVE -APPLETON, WISCONSIN 54915 -PHONE #(920) 788.5879

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NON-NAVIGABLE DITCH PER SEPT., 16, 2019 DETERMINATION BY CRYSTAL VAN HOLDT, WDNR PHONE: (920) 410-3181 EMAIL: CRYSTAL.VANHOLDT.WI.GOV

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EXISTING DRIVEWAY TO S.T.H. 10/114 FROM SNOW GOOSE LANE TO BE DESIGNATED A TEMPORARY ACCESS FOR EMERGENCY PERSONAL, MEETING THE SPECIFICATIONS SET OUT BY THE FIRE DEPARTMENT

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DESIGNATED TEMPORARY ACCESS. SEE LOCATION MAP.

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Revised this 17th day of March, 2020

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There are no objections to this plat with respect to Secs. 236.15, 236.16, 236.20 and 236.21(1) and (2),Wis. Stats. as provided by s. 236.12, Wis. Stats.

Certified __________________, 20_____

Department of Administration

1445 McMAHON DRIVE NEENAH, WI 54956

Mailing: P.O.BOX 1025 NEENAH, WI 54957-1025

Tel: (920) 751-4200 Fax: (920) 751-4284

www.mcmgrp.com

McMAHON

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mabing, W:\PROJECTS\W0942\91700510\CADD\Civil3D\Survey Documents\SUBDIVISION PLATS\Final Plat-Third Addition to Woodland Hills.dwg, sheet 2, Plot Date: 3/18/2020 12:59 PM, xrefs: (m&e cncept conv to mcm layers phase i, x-m&e wetlands) , W:\PROJECTS\W0942\91700510\CADD\Civil3D\Survey Documents\SUBDIVISION PLATS\Final Plat-Third Addition to Woodland Hills.dwg, sheet 2, Plot Date: 3/18/2020 12:59 PM, xrefs: (m&e cncept conv to mcm layers phase i, x-m&e wetlands) W:\PROJECTS\W0942\91700510\CADD\Civil3D\Survey Documents\SUBDIVISION PLATS\Final Plat-Third Addition to Woodland Hills.dwg, sheet 2, Plot Date: 3/18/2020 12:59 PM, xrefs: (m&e cncept conv to mcm layers phase i, x-m&e wetlands) , sheet 2, Plot Date: 3/18/2020 12:59 PM, xrefs: (m&e cncept conv to mcm layers phase i, x-m&e wetlands) sheet 2, Plot Date: 3/18/2020 12:59 PM, xrefs: (m&e cncept conv to mcm layers phase i, x-m&e wetlands) , Plot Date: 3/18/2020 12:59 PM, xrefs: (m&e cncept conv to mcm layers phase i, x-m&e wetlands) 3/18/2020 12:59 PM, xrefs: (m&e cncept conv to mcm layers phase i, x-m&e wetlands) , xrefs: (m&e cncept conv to mcm layers phase i, x-m&e wetlands) (m&e cncept conv to mcm layers phase i, x-m&e wetlands)

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CITY OF MENASHA APPROVAL: We hereby certify that the Third Addition to Woodland Hills in the City of Menasha, Calumet County was approved and accepted by the City of Menasha on this ____________ day of _________________________, 20___. _________________________________ _____________ Mayor - Donald Merkes Date STATE OF WISCONSIN )ss COUNTY OF WINNEBAGO I, Deborah A. Galeazzi , being the duly elected, qualified and acting clerk of the City of Menasha, Winnebago and Calumet Counties do hereby certify that the Common Council of the City of Menasha passed by voice vote on this ________ day of ______________________, 20___ authorizing me to issue a certificate of approval of the plat of the Third Addition to Woodland Hills, _____________________________. upon satisfaction of certain conditions, and I do also hereby certify that all conditions were satisfied and the APPROVAL WAS GRANTED AND EFFECTIVE ON THE ___________ day of __________________, 20___. Dated _______________ _____________________ Clerk - Deborah A. Galeazzi

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CERTIFICATE OF CITY TREASURER I, John Jacobs being the duly elected qualified and acting City Treasurer of the City of Menasha do hereby certify that in accordance with the records in my office there are no unpaid taxes or unpaid special assessments as of __________________ affecting the lands included in the Third Addition to Woodland Hills. __________________ _______________________ Date City Treasurer John Jacobs COUNTY TREASURER'S CERTIFICATE State of Wisconsin) )SS Calumet County) I, Mike Schlaak, being the duly elected qualified and acting County Treasurer of the County of Calumet do hereby certify that in accordance with the records in my office there are no unredeemed tax sales, unpaid taxes or unpaid special assessments as of ______________________ affecting the lands included in the Third Addition to Woodland Hills. _____________ ____________________ Date County Treasurer Mike Schlaak

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OWNER'S CERTIFICATE OF DEDICATION Woodland Development, LLC, As owners We hereby certify that We caused the land described on this , As owners We hereby certify that We caused the land described on this plat to be surveyed, divided, mapped and dedicated as represented on the plat. I also certify that this plat is required by s. 236.10 or s. 236.12 to be submitted to the following for approval or objection: Agencies Having Authority to Object Approving Authority Department of Administration City of Menasha Calumet County Planning & Zoning Committee Wisconsin Department of Transportation WITNESS the hand and seal of said owners this ________ day of ______________, 20___. Woodland Development, LLC In the Presence of: ______________________________ __________________________ Michael H. Hagens Managing Member Title Woodland Development, LLC State of Wisconsin) )SS __________County) Personally came before me this __________ day of _________________________, 20___, the above named owners to me known to be the persons who executed the foregoing instrument and acknowledged the same. _______________________ Notary Public, _______________County, Wisconsin My Commission Expires: ___________________

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UTILITY EASEMENT PROVISIONS An easement for electric, natural gas, and communications service is hereby granted by Woodland Development, LLC, Grantor, to Menasha Utilities , Grantor, to Menasha Utilities WISCONSIN GAS, LLC, a Wisconsin corporation, doing business as We-Energies, Grantee, AT&T Wisconsin, a Wisconsin corporation, Grantee, and SPECTRUM MID-AMERICA, LLC by: Charter Communications, Inc., its Manager, Grantee their respective successors and assigns, to construct, install, operate, repair, maintain and replace from time to time, facilities used in connection with overhead and underground transmission and distribution of electricity and electric energy, natural gas, telephone and cable TV facilities for such purposes as the same is now or may hereafter be used, all in, over, under, across, along and upon the property shown within those areas on the plat designated as ”Utility Easement” and the property designated on the plat for streets and Utility Easement” and the property designated on the plat for streets and and the property designated on the plat for streets and alleys, whether public or private, together with the right to install service connections upon, across, within and beneath the surface of each lot to serve improvements, thereon, or on adjacent lots; also the right to trim or cut down trees, brush and roots as may be reasonably required incidental to the rights herein given, and the right to enter upon the subdivided property for all such purposes. The Grantees agree to restore or cause to have restored, the property, as nearly as is reasonably possible, to the condition existing prior to such entry by the Grantees or their agents. This restoration, however, does not apply to the initial installation of said underground and/or above ground electric facilities, natural gas facilities, or telephone and cable TV facilities or to any trees, brush or roots which may be removed at any time pursuant to the rights herein granted. Structures shall not be placed over Grantees' facilities or in, upon or over the property within the lines marked “Utility Utility Easement” without the prior written consent of Grantees. After installation of any such without the prior written consent of Grantees. After installation of any such facilities, the grade of the subdivided property shall not be altered by more than six inches without written consent of grantees. This Utility Easement Provision does not prevent or prohibit others from utilizing or crossing the Utility Easement as the Utility easement(s) are non-exclusive. The grant of easement shall be binding upon and inure to the benefit of the heirs, successors and assigns of all parties hereto. NO UTILITY TRANSFORMERS OR PEDESTALS ARE TO BE SET WITHIN 2 FEET OF A LOT CORNER MONUMENT. NO CONDUCTORS ARE TO BE BURIED WITHIN 1 FOOT OF A LOT CORNER MONUMENT.

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PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 AND THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 20 NORTH, RANGE 18 EAST, CITY OF MENASHA, CALUMET COUNTY, WISCONSIN.

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THIRD ADDITION TO WOODLAND HILLS

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SURVEYOR'S CERTIFICATE I, David M. Schmalz, Wisconsin Professional Land Surveyor, PLS-1284, certify that I have surveyed, divided and mapped part of the Northwest 1/4 of the Northwest 1/4 and the Northeast 1/4 of the Northwest 1/4 of Section 17, Township 20 North, Range 18 East, City of Menasha Calumet County, Wisconsin containing 420077 square feet (9.644 acres) of land and described a follows: Commencing at the Northwest corner of said Section 17; Thence N89°36'26"E. 1338.10 feet along the North line of the Northwest 1/4 of said Section 17 to the Point of Beginning; Thence continue N89°36'26"E, 696.30 feet along said North line; Thence S23°18'46"W, 158.35 feet; Thence S08°40'40"W, 60.76 feet; Thence S08°16'59"W, 135.50 feet; Thence N77°36'43"W, 131.27 feet; Thence S72°53'36"W, 70.83 feet; Thence N81°09'59"W, 132.05 feet; Thence S19°13'03"W, 216.18 feet; Thence S02°01'14"E, 85.25 feet; Thence S09°37'01"E, 160.00 feet; Thence N80°19'26"W, 58.95 feet; Thence S40°18'18"W, 133.09 feet; Thence N75°59'00"W, 103.05 feet; Thence S50°58'00"W, 93.44 feet; Thence N26°41'39"W, 231.07 feet to the Southeast corner of Lot 1 of Certified Survey Map No. 2823 recorded in Volume 23 Page 75 as Document No. 394840; Thence N09°58'32"E (recorded as N08°56'46"E), 234.78 feet alongthe East line of said Lot 1; Thence N13°26'35"E (recorded as N12°24'33"E), 58.66 feet along said East line to theNortheast corner thereof and the Southerly line of Lot 109 Second Addition to Woodland Hills; Thence S70°31'07"E(recorded as S70°30'41"W), 10.95 feet along the South line of said Lot 109 to the Southeast corner thereof;Thence N15°44'43"E, 181.85 feet along the East line of said Lot 109 to the Northeast corner thereof to the start of a 220.00 radius curve to the left; Thence 23.12 feet along the arc of said curve with a chord distance of 23.11 which bears S76°52'24"W along the North line of said Lot 109; Thence S73°51'45"W, 9.19 feet along the North line of said Lot 109 to the start of a 280.00 radius curve to the right; Thence 141.61 feet along the arc of said curve with a chord distance of 140.11 which bears S88°21'04"W along the North line of said Lot 109 to the Northwest corner thereof; Thence N13°46'27"E, 46.13 feet along the East right-of-way line of Gosling Way to the start of a 360.94 radius curve to the left; Thence 13.87 feet along the arc of said curve with a chord distance of 13.87 which bears N12°40'22"E along said East right-of-way line to the Southwest corner of Lot 108 of said Second Addition to Woodland Hills and to the start of a 220.00 radius curve to the left; Thence 110.55 feet along the arc of said curve with a chord distance of 109.39 which bears N88°15'31"E along the South line of said Lot 108; Thence N73°51'45"E, 9.19 feet along the South line of said Lot 108 to the start of a 280.00 radius curve to the right; Thence 56.51 feet along the arc of said curve with a chord distance of 56.41 which bears N79°38'38"E along the South line of said Lot 108 to the Southeast corner thereof; Thence N19°22'50"E, 160.19 feet along the East line of Lots 107 and 108 of said Second Addition to Woodland Hills to the Point of Beginning. That I have made such survey, land division, and plat under the directions of the owners of said land. That such plat is a correct representation of all exterior boundaries of the land surveyed and the subdivision thereof made. That I have fully complied with the provisions of chapter 236 of the Wisconsin Statues and the Subdivision regulations of the City of Menasha in surveying, dividing and mapping the same. Dated this __________ day of _______________________, 2020 _____________________________________ David M. Schmalz, PLS-1284 Wisconsin Professional Land Surveyor

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Revised this 17th day of March, 2020

S:\ComDev\Economic Development\Development Agreements\Woodland Development - Hagens\Woodland - 3rd Addition - East\Summary of total project costs Jan 22 2020

EXHIBIT B

THIRD ADDITION TO WOODLAND HILLSSUMMARY OF TOTAL PROJECT COSTSWoodland Development, LLC

Revised January 23, 2020McM. No. W00942-9-17-00510.18

SANITARY SEWERItem Description Quantity Unit Unit Price Total

1 8 Inch Sanitary Sewer, SDR 26 313 L.F. $65.00 $20,345.002 8 Inch Sanitary Sewer, SDR 35 1,250 L.F. $34.00 $42,500.003 48 Inch Sanitary Manhole 98.81 V.F. $300.00 $29,643.004 48 Inch Sanitary Drop Manhole 15.28 V.F. $725.00 $11,078.005 4 Inch Sanitary Risers 22 V.F. $50.00 $1,100.006 4 Inch Sanitary Laterals 850 L.F. $25.00 $21,250.00

Sub-Total = $125,916.00

WATER MAIN7 8 Inch Water Main 1,448 L.F. $33.00 $47,784.008 6 Inch Water Main or Hydrant Lead 34 L.F. $40.00 $1,360.009 8 Inch Gate Valve 4 EA $1,800.00 $7,200.00

10 6 Inch Gate Valve 3 EA $1,400.00 $4,200.0011 Hydrant 4 EA $4,000.00 $16,000.0012 1-1/4 Inch Cororation Curb Stop Set 19 EA $400.00 $7,600.0013 1-1/4 Inch Water Lateral 776 L.F. $18.00 $13,968.00

Sub-Total = $98,112.00

STORM SEWER14 Clearing and Grubbing 1 L.S. $3,000.00 $3,000.0015 2' x 3' Inlet on Culvert 2 EA $1,900.00 $3,800.0016 2' x 3' Inlet 5 EA $1,900.00 $9,500.0017 48 Inch Storm Manhole 29.91 V.F. $400.00 $11,964.0018 60 Inch Storm Inlet Manhole 7.07 V.F. $600.00 $4,242.0019 4 Inch Storm Lateral 863 L.F. $24.00 $20,712.0020 12 Inch Storm Sewer 974 L.F. $32.00 $31,168.0021 18 Inch Storm Sewer 335 L.F. $40.00 $13,400.0022 24 Inch Storm Sewer 301 L.F. $46.00 $13,846.0023 24 Inch Apron Endwall 1 EA $900.00 $900.0024 30 Inch RCP Culvert 88 L.F. $68.00 $5,984.0025 30 Inch RC Apron Ends 2 EA $1,250.00 $2,500.0026 48 Inch RCP Culvert 160 L.F. $120.00 $19,200.0027 48 Inch RC Apron End 4 EA $1,900.00 $7,600.0028 Rip Rap at Culvert End 165 S.Y. $30.00 $4,950.0029 36 X 72 Pond Outlet Structure ( M&E Plan ) 1 EA $9,500.00 $9,500.00

Sub-Total = $162,266.00

ROADWAY30 Erosion Control Plan and Maintenance 1 L.S. $5,000.00 $5,000.0031 Unclassified Excavation (Minus Topsoil Stripping Yardage) 6,165 C.Y. $10.50 $64,732.5032 Topsoil Stripping 14,800 S.Y. $0.75 $11,100.0033 3 Inch Breaker Run 2,800 TON $11.80 $33,040.0034 1-1/4 Inch Base Aggregate Dense (Roadway) 1,400 TON $11.80 $16,520.0035 1-1/4 Inch Base Aggregate Dense (Trail 9' Width) 450 TON $15.00 $6,750.0036 Construct 12'x300'L driveway for emergency vehicle access 1 L.S. $10,000.00 $10,000.0037 Topsoil Respread 11,050 S.Y. $0.80 $8,840.0038 Seeding Restoration 11,050 S.Y. $0.55 $6,077.5039 2 Inch Temporary Asphalt Pavement (Installed Year 2) 575 TON $84.00 $48,300.00

Sub-Total = $210,360.00

Utility and Roadway Construction Costs = $596,654.00

Engineering and Contingency (25%): $149,163.503rd Addition to Woodland Hills Total: $745,817.50