CCR1989163COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #163-89
RESOLUTION AS TO ASSESSMENT OF DOROTHY VESBACH PROPERTY
(Woods Road/Lannon Drive West Water Project)
(Asmt. District WG - Project "8-89)
WHEREAS, the City of Muskego adopted Resolution 11175-86, as
amended, establishing a Deferred Assessment Policy as to water,
said policy being amended by Resolution 11266-86 and #68-89, and
WHEREAS, the City of Muskego wishes to negotiate, pursuant to
said policy, a payment of less than the entire assessment upon
improvement, which was levied by Resolution i1162-89 only a
portion of said property, and
WHEREAS, Dorothy Vesbach 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:
Portion of Tax Key No.2224.999.002 - Assmt. 88
Being a Drt of the SE 114 of the NE 114 and NE 114 of the SE
1 /4 Gf S'ection 16, T 5 N, R 20 E, in the City of' Muskego and
referred to as Lots 1, 2, 3 and 4 of the Certified Survey Map
approved by the Common Council of the City of Muskego on June
27, 1989, and
.~ ~~~- ~
Portion of Tax Key No.2224.999.002 - Assmt. i18
Being a Part of the NE 114 and SE 114 of the SE 114 of
Section 76, T 5 N, R 20 E in the City of Muskego and referred
to as Lots 5, 6 and 7 of the Certified Survey Map approved by
the Common Council of the City of Muskego on June 27, 1989.
WHEREAS, the Public Utilities Committee has recommended approval
of a proration of the water assessments as follows: The
assessable frontage, plus any water main extension costs, will be
prorated against the lots abutting the improvements. Assessments
will be paid at 125% of their proration. The laterals will 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
be due and payable at the end of the five years, if not paid
due under the two year plan. The prorated lot assessments will
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 seven (7) lots abutting the
$4,262.61, plus interest at 8% per annum on the unpaid balance
improvement on Woods Road, a front foot assessment of
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 0
Resolution #163-89
Page 2
front foot assessments are due five (5) years from the date of
the final resolution making the levy which is Resolution #162-
due on each parcel is 125% of the total front foot assessment,
89 dated June 27, 1989. It shall be noted that the assessment
been paid, there will be no front foot assessment due on any
and once the total assessment of $23,870.60 plus interest, has
of the 7 lots remaining unsold at that time.
2. That upon sale of any of the 7 lots above, a lateral
assessment of $1,540.08 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 #175-86, as amended, //266-86,
#68-89 and #162-89 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. Dorothy Vesbach, as the owner of the land in question,
executes this resolution as her agreement, and
B. Dorothy Vesbach execute any additional agreement
necessary to record this document, and
C. Dorothy Vesbach gives the City evidence satisfactory to
the City that she is sole owner of all the property in
question at the time of acceptance of this resolution and
has the right to enter into this agreement, and
D. Dorothy Vesbach hereby waives all legal notices required
to amend or change special assessments and agree to this
special assessment without further action by the City.
E. Dorothy Vesbach or her successors, obtains all necessary
approvals of the certified survey map which includes the
seven divisions as set forth above, and
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Page 3
Resolution #163-89
9 4. That the deferred assessment policy established in Resolutions
#175-86, as amended, #266-86 and #68-89 shall apply even if
not amended by this resolution, as shall provisions of
the conditions of this agreement are met insofar as they are
Resolution #162-89 which are not amended by this resolution.
DATED THIS 27th DAY OF June , 1989.
CITY OF MUSKEG0
WAYNE G. SALENTINE, MAYOR
ATTEST:
JEAN K. MARENDA, CITY CLERK
6/89
jz
Dorothy Vesbach, owner