CCR1994002COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #2-94
FINAL RESOLUTION AUTHORIZING INSTALLATION
OF SANITARY SEWER IMPROVEMENTS AND LEVYING
OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY
College Avenue Sewer Project MSS-2-93
Assessment District "SG"
0
WHEREAS, the owners of property identified by Tax Key Numbers
2174.994, 2174.996, 2174.997, and 2174.998 have requested sewer
service to said properties from the City; and
WHEREAS, part of the consideration for the City extending sewer
service to the property stated above is that the owners of said
property convey the necessary property free and clear of all
encumbrances to Waukesha County in which to place the sewer main;
and
WHEREAS, the undersigned acceptors of this Resolution own the
property described in Paragraph 2 below which is benefited by
said sewer main installation and which makes sewer service
available to said properties.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That by executing the acceptance of this Resolution as
0
stated below, the owners of said property also hereby
waive special assessment notices and hearings under
566.60(18) and consent to the levying of special
assessments against their property for the costs of
said improvement under Wisconsin Statute 566.60 and
further agree and admit that the benefit to the
property in question from the construction of said
acceptance of this Resolution as stated below, the improvement is just and reasonable; by executing the
owners of said property agree that the engineering
information from the City engineer has been explained
to them and they are satisfied with the same.
2. That a special assessment is hereby levied based on per
front foot costs against the following described
properties in the following amounts:
PROPERTY BEING ASSESSED AMOUNT OF ASSESSMENT
Tax Key 2174.994 $ 9,337.90
Smith, Daniel and Lynn
Tax Key 2174.996 9,337.90
Kowalkowski, Paul J.
Tax Key 2174.997 9,337.90
Kowalkowski, Paul J.
Tax Key 2174.998 6,502.00
Hooper, Thomas and Linda
Resolution #2-94 Page 2
0 3. That the assessments due pursuant to Paragraph 2 of
his Resolution may be paid in cash in full on or before
November 1, 1994 or in ten (10) annual installments of
principal together with twelve (12) months interest per
installment to the City Treasurer, installment payments
to bear interest at the rate of 8% per annum on the
unpaid balance commencing on November 1, 1994 and said
first installment being due on the date when real
estate taxes are due and annually thereof. All
assessments or installments which are not paid by the
date specified shall be extended upon the tax roll as a
delinquent tax against the property and all proceedings
in relation to the collection, return and sale of
property for delinquent real estate taxes shall apply
to such special assessment, except as otherwise
provided by statute.
4. The undersigned agrees, for valuable consideration,
that a conveyance along the frontage of each property
must be provided to Waukesha County free and clear of
all encumbrances and the County must provide an
easement and/or permit and/or other agreement
satisfactory to the City for placement of said sewer
main and if said conveyance by any property owners to
the County or from the County to the City does not
occur for any reason, the City is under no obligation
to continue with the project and the City shall pass a
description of the lands to be conveyed by each
resolution terminating this assessment. That a
property owner to the County is attached hereto, made a
part hereof and marked Exhibit “1. ‘I
5. The undersigned understands that at this time the final
agreements for installation of the above improvements
have not been entered. The City of Muskego has no
obligation to enter the same, but if it does not and if
the improvements are not made, the City shall pass a
resolution terminating this assessment.
6. If this Resolution is not accepted by all the property
owners listed below, which the undersigned as to the
property in which they have an interest warrant and
represent are all of the owners of each of said
properties by January 11, 1994, this resolution is null
and void.
Resolution #2-94 Page 3
DATED THIS //r~ DAY OF 1994.
SPONSORED BY:
PUBLIC UTILITIES COMMITTEE
Ald. David J. Sanders
Ald. William H. Schneider
Ald. Donna M. Woodard
ACCEPTED BY:
Tax Key Number 2174.994
niel and Lynn Smith Property
N tlc (Owner)
(Owner)
Tax Key Number 2174.996
Paul Kowalkowski Property
&J9AdY-.+&
0 A$ /Ld&h (Owner)
(Owner)
I/
Tax Key Number 2174.997
Paul Kowalkowski Property
dkf (Owner)
,k ,A?,’, (owner)
Tax Key Number 2 174.990
Thoma? and Linda Hooper
( Owner )
(Owner)
Date /.-&“Y
Date I-L-77
Date 1-6-97
I- L- PY
Date /- -7- rq
1-8-YLl
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #2-94 which was adopted by the Common Council of the
,km?dK wd-
Ci y Clerk
12/93 jmb
Resolution #2-94
7
Page 4
EXHIBIT "1"
ATTACHMENT TO RESOLUTION #2-94
Legal Description of Lands to be Conveyed:
Tax Key 2174.994 (Smith)
All that part of the NE 1/4 of the NW 1/4 of Section 4, Town 5
North, Range 20 East, City of Muskego, Waukesha County, Wisconsin
more fully described as follows: The Northerly 50 feet of that
property known as Tax Key Number 2174.994, lying adjacent, South
of and parallel to the North line of said Northwest 1/4 of
Section 4. Containing 0.166 acres more or less including
existing right-of-way.
Tax Key 2174.996 (Kowalkowski)
All that part of the NE 1/4 of the NW 1/4 of Section 4, Town 5
North, Range 20 East, City of Muskego, Waukesha County, Wisconsin
more fully described as follows: The Northerly 50 feet of that
property known as Tax Key Number 2174.996, lying adjacent, South
of and parallel to the North line of said Northwest 1/4 of
Section 4. Containing 0.166 acres more or less including
existing right-of-way.
Tax Key 2174.997 (Kowalkowski)
All that part of the NE 1/4 of the NW 1/4 of Section 4, Town 5
North, Range 20 East, City of Muskego, Waukesha County, Wisconsin
more fully described as follows: The Northerly 50 feet of that
property known as Tax Key Number 2174.997, lying adjacent, South
of and parallel to the North line of said Northwest 1/4 of
Section 4. Containing 0.166 acres more or less including
existing right-of-way.
Tax Key 2174.998 (Kooper)
All that part of the NE 1/4 of the NW 1/4 of Section 4, Town 5
North, Range 20 East, City of Muskego, Waukesha County, Wisconsin
more fully described as follows: The Northerly 50 feet of that
property known as Tax Key Number 2174.998, lying adjacent, South
of and parallel to the North line of said Northwest 1/4 of
Section 4. Containing 0.115 acres more or less including
existing right-of-way.