CCR1994167a COMMON COUNCIL - CITY OF MUSKEG0
AMENDED
RESOLUTION #167-94
AUTHORIZING ROAD IMPROVEMENTS AND
AMENDMENT TO FINAL RESOLUTION
LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITTED PROPERTY
(KURTZE LANE ROAD PROJECT - MR-2-85)
WHEREAS, the Common Council of the City of Muskego adopted
Resolution #209-85 on September 10, 1985, entitled "Final
Assessments Against Benefitted Property"; and
Resolution Authorizing Road Improvements and Levying Special
WHEREAS, as a part of said resolution, assessments were levied
against property commonly know as the Ludwig/Strampe property
which is the subject matter of an Offer to Purchase approved by
the Common Council on April 9, 1985 pursuant to Resolution
#65-85 and known as Tax Key Nos. 2218.981 and 2218.984; and
WHEREAS, said Final Assessment Resolution #209-85 also affected
which are also affected by Resolution #103-85 approved by the
certain properties commonly known as the Pellmann properties
Tax Kev No. 2218.990: and
Common Council on June 11, 1985, said properties being known as
WHEREA,, as part of the agreement as to Ludwig/Strampe approved
by the Common Council pursuant to Resolution #65-85, the
property was subject to certain special assessments including
those referred to in Resolution #209-85 and that said agreement
indicates in part that said assessments as made would be
deferred in accordance with City policy established by
Resolution #19-71 (as amended) and adopted on February 9, 1971;
and
WHEREAS, the amendment to easement agreement approved by the
Common Council in Resolution #103-85 as to Pellmann contains
similar language: and
WHEREAS, Resolution #19-71 (as amended) has been interpreted to
not require the payment of interest on said assessments under
assessments levied pursuant to Resolution #209-85; and
circumstances present in both the Pellmann and Ludwig/Strampe
WHEREAS, paragraph 6 of Resolution #209-85 indicates that
interest will be charged at the rate of 9 percent per annum: and
WHEREAS, the intent of the City in approving and agreeing to
the agreements approved by Resolutions #65-85 and #103-85 has
been clarified by Former Mayor Wavne Salentine to indicate as * set forth in thik Resolution;
NOW, THEREFORE, BE IT RESOLVED that for purposes of clarifying
road improvements and levying special assessments against
said agreements and resolutions, the final resolution as to
benefitted property as to the Ludwig/Strampe property,
Assessment Nos.; 1. Tax Key #2218.981 South Line; 2. West Line
#2218.981 and #2218.984; and, 3. #2218.981 East Line and Kurtze
Ct. (Exhibit "B" Attached), and the Pellmann Property,
Assessment Nos. 12. Tax Key #2218.990; 13. #2218.990; and, 14.
#2218.990 (Exhibit "1" Attached), is amended to clarify the
intent of the agreement of the parties as follows:
1.
2.
3.
The Pellmann assessment levied pursuant to Resolution
#209-85 was paid in full and with interest pursuant to said
agreement, but contrary to the intention of the agreement
between the City and Pellmann in the amount of $8,620.37;
and said interest in the amount of $8,620.37 shall be \
returned to Pellmanns forthwith; and the special assessments
levied against the Pellmann property, Tax Key No. 2218.990
is hereby amended to indicate that the interest, if any,
shall be paid only pursuant to the requirements of
Resolution #19-71 as amended as was originally agreed.
Restrictive endorsement language to be added to check
with language provided by City Attorney.
The special assessments levied against the Ludwig/Strampe
property, Tax Key Nos. 2218.981 and 2218.984 is hereby
paid only pursuant to the requirements of Resolution #19-71
amended to indicate that the interest, if any, shall be
as amended as was originally agreed.
Copies of this Resolution shall be mailed forthwith by the
Clerk to the owners of the properties known as the
Ludwig/Strampe property, Tax Key Nos. 2218.981 and
2218.990.
2218.984, and the Pellmann property known as Tax Key No.
DATED THIS 9TH DAY OF AUGUST , 1994.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Patrick A. Patterson
Ald. Edwin P. Dumke
Ald. David J. Sanders
This is to certify that this is a true and accurate copy of
Council of the City of Muskego.
Resolution #167-94 which was amended and adopted by the Common
e 7/941ah