CCR1994180COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #180-94
RESOLUTION AS TO SEWER AND WATER ASSESSMENTS
OF WASTE MANAGEMENT PROPERTY
MADE BY RESOLUTIONS #52-91 and #53-91 and
AMENDED BY RESOLUTIONS #198-91 AND #199-91
WHEREAS, Waste Management of WI, Inc. is the owner of the
following described real estate:
Tax Key No. 2229.997
PT NW 1/4 NE 1/4 SEC 18 T5N RZOE
VOL 781 OF DEEDS, PAGE 586
18.0182 AC
R937/168 WD 9/87
WHEREAS, said real estate is subject to the lien of the following
described special assessments assessed by Final Resolutions
Final Resolutions #198-91 and #199-91 as of the 13th day of
#52-91 and #53-91 as of the 26th day of March, 1991 and Amended
August, 1991, plus interest:
Bal. Due
SEWER Assessment (150' @ 38.96) 5,844.00
Less Previous Payments on Tax Roll (1.753.20) 4,090.80
as of 8/11/94
Deferred Frontage Assessment
327' @ 38.96, incl. 8% interest 15,570.77
WATER Aesessment (150' e 16.78) 2,517.00
Less Previous Payments on Tax Roll ( 755.10) 1,761.90
Deferred Frontage Aaaesement
327' @ 16.78, incl. 8% interest 6,706.29
WHEREAS, the above-named owners are in the process of dividing
said lands which affects the deferred portion of the assessment
as indicated on the attached map; and
WHEREAS, the City is in the process of acquiring a portion of the
above-described property from the owner; and
WHEREAS, the City wishes to accept responsibility for payment of
attributable to that portion of the property being purchased by
a portion of the front foot sewer and water assessments
payment plan on the owner's tax bill and the remaining deferred
the City with the 150' assessment remaining on the 10-year
assessments on the unsold portion remaining deferred; and
WHEREAS, the Public Utilities Committee has recommended approval
of 249.03 L.F. to the City, the payment of $5,107.24 of the
of payment of the assessment as follows: Upon sale of frontage
deferred water assessment, plus interest from August 11, 1994 and
$11,858.07 for the deferred sewer assessment, plus interest from
attributable to that portion of the property being sold to the
0 August 11, 1994, shall be the responsibility of the City and
Page 2 Resolution X180-94
City; the owner sha .11 remain responsible for payment of 150 feet
of the remaining unsold parcel on the 10-year payment plan and
the deferred assessment remaining on the unsold portion shall
remain deferred.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
of Muskego as follows:
1.
2.
3.
4.
5.
6.
The owner shall give the City satisfactory evidence Of Sole
ownership of all the lands in question and the right to
divide such assessments as proposed, and
The lands shall be divided in accordance with the map
attached and all appropriate documents making such division
shall be filed and recorded, and
The City shall be responsible for $5,107.24 of the deferred
water assessment, plus interest from August 11, 1994 and
$11,858.07 for the deferred sewer assessment, plus interest
from August 11, 1994, and
Waste Management of WI, Inc. hereby waives all legal notices
required to amend or change special assessments and agree to
this special assessment without further action by the City,
and
The owners of the property described in this Resolution at
the time of its acceptance shall be Waste Management of WI,
Inc. and if the Resolution is not accepted on or before the
closing date of the City's purchase of the aforementioned
property from Waste Management, it is null and void, and
That the RCA (Reserve Capacity Assessment) and WCA (Water
Capacity Assessment) remains on all of the property described
in this Resolution and all shall be due and payable pursuant
to prior resolutions and are unaffected by this resolution
and all properties remain responsible for appropriate sewer
and water usage fees.
BE IT FURTHER RESOLVED that this Resolution shall be in full
force and effect only upon compliance with the conditions
outlined above, and the closing of the transaction referred to in
Resolution #155-94.
BE IT FURTHER RESOLVED in any event this Resolution is null and
void and of no effect unless the closing referred to herein takes
place on or before November 1, 1994.
Resolution #180-94 Page 3
0
DATED THIS 23RD DAY OF AUGUST , 1994.
SPONSORED BY:
PUBLIC UTILITIES COMMITTEE
Ald. David J. Sanders
Ald. Domonic D'Acquisto
Ald. Donna M. Woodard
ACCEPTED BY:
WASTE MANAGEMENT OF WI, INC.
Officer Date
Officer Date
This is to certify that this is a true and accurate copy of
Resolution #180-94 which was adopted by the Common Council of the
City of Muskego.
6/93jm
20-
ILE
CERTIFIED SURVEY MAP NO - -?33----
ALL THAT PART OF THE NW 1/4 OF THE NE 1/4 OF SECTION 18. TOWN 5 NORTI-I,
RANGE 20 EAST. CITY OF MUSKEGO. WAUKESHA COUNTY. WSCONSIN
OYMER:
WASTE MANAGEMENT OF IIISCONSIN INC.
w124 NE925 BOUNDARY RD.
MENOMONEE FAUS. III. 53051
IDENllnABLE SECTION LINE - NORTH LINE OF THE
NE 1/4 SEC. 10, EN. R20E.. ASSUMED BEARING
S8717'45.W (WISC STATE PLANE COORDlNAlE
SYSTEM. GRID NORTH, soum ZONE)
LOT 1
2.0000 AC.
87.120.00 S.F. I
a 40' DEDICATED FOR PUBLIC
h) 1 ROAD PURPOSES (9.962 S.F.! P N
N .b
0 ?
u. 349.'38'
8 S87'1 9'OO"W 390.00'
UNPLATTED LANDS - - - - - - - -
l 1613 THIS INSTRUMENT WAS DRAFTED BY