CCR1989113COMMON COUNCIL - ClTY OF MUSKEG0
RESOLUTLON #113-89
RESOLUTION AS TO ASSESSMENT OF CARL GRATZEK PROPERTY
(Valley/Ann Drive Water Project)
(Assessment District "7-89)
WHEREAS, the City of Muskego adopted Resolution 8175-86. as
amended, establishing a Deferred Assessment Policy as to water,
said policy being amended by Resolution f1266-86. and
WHEREAS, the City of Muskego wishes to negotiate, pursuant to
said policy, a payment of less than the entire assessment upon
portion of said property, and
improvement, which was levied by Resolution 869-89 of only a
WHEREAS, Roth Realty Inc. is the sole owner and mortgage holder
of said property and wishes to negotiate concerning said
assessment which affects the property legally described as
follows:
2
Tax Key No. 2195.952, dssmt. No.8
Pt
:d04~%~E%!48~Ft the Beg No4 26' E 517.32 Ft N22 14' W 143
I ec 9 T5N K20E Com SE Cor X89 22' W1054.95 Ft
Ft X68 04' E 169.28 Ft S35 23' E205.64 Ft N68 04' E 232.11 Ft
. S30 02' E 50.51 Ft S68 04' W163.38 Ft. S30 02'E 153.78 Ft 04
37' W348 Ft S89 22' E 173 Ft So 37' W50 Ft N89 22' W 572.52 Ft
to agn 5.50 AC R7221448 QCD 12/85 /
'VHEREAS, the Public Utilities Committee has recommended approval
of a proration of the water assessments as follows: The
assessable road frontage, plus any water lnain extension costs,
will be prorated against the lots abutting the improvements. thus
with the property. Assessments will be paid at 125% of their removing the assessment from the balance of the Lots involved
proration. The laterals will continue to be paid on a two year
payment plan and the unpaid balance, per lot, will be paid upon
sale, if the sale is prior to when it would be due under the two
year plan. The prorated lot assessments will be due and payable
at the end of the five years, if not paid prior to that time.
NOW. THEREFORE, BE IT RESOLVED for valuable consideration
acknowledged by both parties as follows:
1. That upon sale of any of the 6 lots abutting the improvement
of Ann Drive, a front foot assessment of $1,770.23, plus
interest at 8% per annum on the unpaid balance from the date
of this resolution, is due and payable, and if not paid shall
be extended on the tax roll and collected as a delinquent real
estate tax; however,in any event, all such front foot
assessments are due five (5) years from the date of the final
March 28, 1989. :t shall be noted that the assessment due on
making the levy which is Resolution #69-89 dated
Resolution 1ll 13-89 e Page 2
each parcel is 125% of the total front foot assessment, and
once the total assessment of $8,497.11, plus interest, has
been paid, there will be no front foot assessment due on any
of the 6 lots remaining unsold at that time.
2. That upon sale of any of the 6 lots above, a lateral
assessment of $1,322.40 plus interest at 8% per annum is due
and payable, and if not paid shall be extended on the tax roll
and collected as a delinquent real estate tax; however, in any
November 1, 1989 shall be extended on the tax roll and
event, the first half of the total lateral costs not paid by
half of the total lateral costs not paid by November 1, 1990
collected as if a delinquent real estate tax; and, the second
shall be extended on the tax roll and collected as if a
delinquent real estate tax.
3. All provisions of Resolutions fll75-86, as amended, 11266-86 and
#69-89 shall apply to the property described above and this
agreement shall be null and void unless by August 1, 1989 all
of the following events have occurred:
A. Roth Realty Inc, as the owner of the land in question,
execute this resolution as their agreement, and
B. Roth Realty Inc. execute any additional agreement
necessary to record this document, and
C. Koth Realty Inc. gives the City evidence satisfactory to
the City that they are sole owners of all the property in
question at the time of acceptance of this resolution and
have the right to enter this agreement, and
D. Roth Realty Inc. hereby waives all legal notices required
special assessment without further action by the City.
to amend or change special assessments and agree to this
E. Roth Realty Inc. or their successors, obtain all necessary
approvals of the certified survey map which includes the six
divisions as set forth above, and
4. That the deferred assessment policy established in Resolution
11175-86, as amended, and fl266-86 shall apply even if the
conditions of this agreement are met insofar as they are not
amended by this resolution, as shall provisions of Resolution
A69-89 which are not amended by this resolution.
Resolution 81 13-89
Page 3
DATED THIS 25th DAY OF April , 1989.
CITY OF MUSKEG0
WAYNE G. SALENTINE. MAYOR
ATTEST :
rn
4/89
52
ACEEPTED BY on this day of , 1989.
ROTH REALTY, INC.
Carl Gratzek, owner
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