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CCR2006203. . . COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #203-2006 FINAL RESOLUTION AUTHORIZING INSTALLATION OF WATER MAIN IMPROVEMENTS AND LEVYING OF SPECIAL ASSESSMENTS FOR LAKE LORE/TUDOR OAKS WELL HOUSE DEMOLITION WHEREAS, the Common Council of the City of Muskego, Wisconsin, held a public hearing at the City Hall on October 24, 2006 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 LAKE LORE/TUDOR OAKS WELL HOUSE DEMOLITION 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. 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 . . . Resolution #203-2006 Page 2 City has determined the method of assessment to be a unit assessment, 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. 6. That the assessments due pursuant to Paragraph 5 of this Resolution may be paid in cash in full on or before November 1, 2007 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 , 2007 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. 7. That all deferred assessments shall bear interest at the rate of 8% per annum on the unpaid balance from November 1, 2007 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. 8. Interest rates on deferred assessments may be reviewed every five (5) years. 9. 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. . . . Resolution #203-2006 Page 3 10. 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, 2007 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 1,2007. DATED THIS 14th DAY OF November , 2006. CITY OF MUSKEGO .~. -. ~ 'ð::Q.~ . \,.\. . (. l) --eL----- , \ Joh), R. Johnson;-Mayor This is to certify that this is a true and accurate copy of Resolution #203-2006 which was adopted by the Common Council of the City of Muskego. Published this 24th day of November, 2006 . . . August 1, 2006 EXHIBIT "A" All that part ofthe Northeast Y<í, Southeast Y<í, and Southwest Y<í of Section 12, Town 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the Northeast comer of the Southeast Y<í of Section 12, said point also being the point of beginning oflands to be described; thence Southerly along the East line of the Southeast Y<í of said Section 12, a distance of 1,254.14 feet to the centerline of McShane Drive; thence Southwesterly along said centerline 1256.47 feet to an angle point; thence Northwesterly along said centerline 93.07 feet, to the West extended property line of a parcel of land identified by Tax-key no. 2208-999-001; thence Southerly along said West line 343.70 feet to the South line of said parcel; thence Easterly along said South line 17.00 feet to the West line of The Nursery, a Subdivision located in the city of Muskego; thence Southerly along said West line 395.52 feet, to a Northerly line of a parcel ofland identified by Tax-key no. 2207-999; thence Easterly along said North line 1,330.80 feet to the East line of said parcel; thence Southerly along said East line 624.28 feet to the Southerly line of said parcel; thence Westerly along said South line 2,662.22 feet to the West line of the Southeast 1/4 of said Section 12; thence Southerly 13 feet more or less to the Southerly line of said parcel identified by Tax-key no. 2207-999; thence Westerly along said South line 1,330 feet more or less to the West line of said parcel; thence Northerly along said West line 1,390 feet more or less to the center line of McShane Drive; thence Westerly along said centerline 250 feet more or less to the extended West line of Certified Survey Map No. 3959; thence Northerly along said West line 370 feet more or less, to the North line of said Certified Survey Map; thence Easterly along said North line 202.38 feet to the Westerly right-of-way line of Fairfield Drive; thence Northerly along said West line 593 feet more or less to the South line of Certified Survey Map No. 5280; thence Westerly along said South line 185.31 feet, to the West line of said Certified Survey Map; thence Northerly along said West line 260.00 feet to the center line of Courtland Lane; thence Easterly along said center line 1,634 feet more or less to the West line of Lake Brittany Estates Addition No.1 a subdivision located in the City of Muskego; thence Northerly along said West line 356.93 feet to the North line of said subdivision; thence Easterly along said North line 1,328.07 feet, to the East line of said subdivision; thence Southerly along said East line 332.27 feet to the North line of Lake Brittany Estates, a subdivision located in the City of Muskego; thence Easterly along said North line 1,327.51 feet to Northeast comer of the Southeast Y<í of Section 12, and the point of beginning. (See Attached Map) Daniel Flamini, RLS #2486 Page 1 of I .- lÐ . . Exhibit "A" bUOØ~"" ~N1IZI'" DIIF o<<<>m.. ... SCAi.tt.\w;..SaIio ....- bA.~.JfI.I,/'ZIClI .