CCR20020710 COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #71-2002
FINAL RESOLUTION AUTHORIZING INSTALLATION
OF WATER MAIN IMPROVEMENTS AND LEVYING
OF SPECIAL ASSESSMENTS FOR MOORLAND ROAD
SOUTH TO CANDLEWOOD WATER PROJECT
(Project MW-31-02, Assessment District “WU”)
WHEREAS, the Common Council of the City of Muskego, Wisconsin, held a public
hearing at the City Hall on April 9, 2002 for the purpose of hearing all interested persons
concerning the Preliminary Resolution and Report of the City Engineer on the proposed
water main improvement within the area described below and shown on the attached
map and heard all persons to speak at the hearing:
Water Improvement Assessment Area
MOORLAND ROAD SOUTH TO CANDLEWOOD WATER PROJECT
Project MW-31-02
Assessment District ”W “WU”
See Attached Legal Description and Map
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Muskego as follows:
1 That the report of the City Engineer and any amendments or modifications
thereto pertaining to the construction of the above-described public
improvements, including plans and specifications therefore is adopted and
approved.
2. That the City of Muskego has or shall advertise for bids and shall carry out the
improvements in accordance with the report and any amendments or
modifications thereto of the City Engineer
3. That payment for the improvements be made by assessing the cost to the
property benefited as indicated in the report and any amendments or
modifications thereto.
4. That assessments shown on the report and any amendments or modifications
thereto, representing an exercise of the police power, have been determined on
a reasonable basis and are hereby confirmed.
0 5. The assessments shown on the report and the modifications thereto conform
with the policies of the City of Muskego now in existence as set forth in
Resolution #284-97 and amended in Resolution #236-98 and Resolution #121-
2000, to the extent not modified by this Resolution. Pursuant to said Policy, the
City has determined the method of assessment to be a Front Foot Assessment,
Resolution #71-2002 Page 2
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plus the cost of water service, as set forth in the Engineer's Report referred to
herein and any amendments or modifications to the same.
That the remainder of said assessments are deferred as stated in assessment
policies of the City.
That the assessments due pursuant to Paragraph 5 of this Resolution may be
paid in cash in full on or before November 1, 2002 or in ten (10) annual
installments of principal together with twelve (12) months interest per installment
to the Clerk-Treasurer, installment payments to bear interest at the rate of 8%
per annum on the unpaid balance commencing on November 1,2002 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.
That all deferred assessments shall bear interest at the rate of 8% per annum on
the unpaid balance from November 1, 2002 and until payment in full. When the
deferral of an assessment ends, said assessment shall be paid in cash in full
pursuant to the policy of the City set forth in Resolution #284-97 and amended in
Resolution #236-98 and Resolution #121-2000, to the extent not modified by this
Resolution, unless the City, at is sole option, negotiates with a property owner
having an assessment come due an agreement by which the assessment or a
portion thereof may be further deferred when the Common Council determines
that additional deferrals would be just and equitable under the particular
circumstances. 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.
Interest rates on deferred assessments may be reviewed every five (5) years,
That the Clerk-Treasurer shall publish this Resolution as a Class 1 Notice in the
assessment district and mail a copy of this Resolution and a statement of the
final assessment against the benefited property to every property owner whose
name appears on the assessment roll whose post office address is known or can
with reasonable diligence be ascertained.
Property owners may be qualified for hardship status which will allow for different
payments of the assessment. Property owners must apply on or before
September 1, 2002 and must be determined to qualify for said hardship status in
accordance with the assessment policy set forth in Resolution #284-97 and
amended in Resolution #236-98 and Resolution #121-2000 by October 1, 2002.
DATEDTHIS gth DAY OF APRIL ,2002.
Resolution #71-2002
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SPONSORED BY:
Mayor David L. De Angelis
This is to certify that this is a true and accurate copy of Resolution #71-2002 which was
adopted by the Common Council of the City of Muskego.
Published: April 18, 2002
Moorland Road Assessment District ,e
Being part of the Southwest % of the Southwest % of Section 2, and the Northeast %,
Northwest %, Southwest %, and Southeast %, of the Northwest %, and the Northwest !4,
Southwest %, of the Northeast %, of Section 11, all in Town 5 North, Range 20 Easf City
of Muskego, Waukesha County, Wisconsin bounded and described as follows:
Comnpmcing at the Southwest comer of the Southwest % of Sedion 2, Town 5 North,
Range 2O.W said point also being the point of beginning of lands described hereiq
thence N O"34'55'W 855.80 feet, along the West line of said Southwest % Section, said
line also being the East line of Quietwood Creek a recorded Subdivision Plat, to the
South proposed ultimate right-of-way line of Janesville Road (C.T.H. 'X"); thence
N65'56'04"E 635.63 feet along said right-of-way lie; thence N64'25'2YE 837.29 feet
along said right-of-way line; thence SOO"46'01"E 1427.12 feet, along the West line of
Certified Survey Maps No. 5841 and 5882, recorded in the Register of Deeds, Waukesha
County, to the Southwest comer of said Certified Survey Map No. 5882, said point also
being the Northwest mrner of Rosewood Estates, a recorded Subdivision Plat; thence
S01"10'13"E 883.40 feet along the West lineofsaid Subdivision, to the Southwest
corner of said Subdivision; thence N87'52'01"E 1345.95 feet along the South line of
said Subdivision; thence N87"32'00"E 241.12 feet to the West right-of-way line of
Durham Drive; thence S14"57'36"E 234.36 feet along said right-of-way; thence
Southerly 92.27 fset along the arc of a curve, having a center lying to the West, having a
radius of 1303.44 feet, and a chord of 92.25 feet which beafi S12°55'55"E; thence
S10°54'.14"E 764.16 feet along said right-of-way to theNorth right-of-way line of
Woods Road; thence S69O31'14'W 385.30 feet along said right-of-way; thence
S7O0O1'09'W 729.59 feet along said right-of-way; thence S36'20'21'W 444.99 feet
along said right-of-way, to the South line of the Northwest % of Section 1 1; thence
S87"48'3TW 1809.50 feet to the Southwest corner of said Northwest % Section, also
being the East line of said Quietwood Creek Subdivision; thence NOI"14'09'W 2652.33
feet to the point of beginning. Containing 7,561,818.56 sq.ft (173.60 acres) more or less
Daniel R. Flamini R.L.S. 2486
2-25-2002
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