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CCR2007219. . . COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #219-2007 A RESOLUTION CREATING TAX INCREMENTAL DISTRICT NUMBER 10 WHEREAS, the portion of the City of Muskego, Waukesha County, Wisconsin (the "City") described on Exhibit A hereto is suitable for mixed-use development as defined in Section 66.1105(2)(cm) of the Wisconsin Statutes, consisting of a combination of industrial and commercial uses; and WHEREAS, the creation and implementation of a tax incremental district pursuant to Section 66.1105 of the Wisconsin Statutes is necessary in order for such development to occur; and WHEREAS, the City has determined that the promotion of mixed-use development in this area of the City is in the best interest of the City and will benefit the City by promoting public welfare and by increasing the City's tax base and the number of jobs available in the City; and WHEREAS, under the provisions of Section 66.1105 of the Wisconsin Statutes the City has the power to create tax incremental districts in order to promote mixed-use development in the City; and WHEREAS, the City desires to exercise its power under Section 66.1105 of the Wisconsin Statutes and create a tax incremental district for the purpose of promoting mixed-use development in the City; and WHEREAS, on November 6, 2007, the Plan Commission held a public hearing at which all interested parties were afforded a reasonable opportunity to express their views on the proposed creation of the tax incremental district and the proposed boùndaries of the district and the project plan for the district; and WHEREAS, the Plan Cor:nmission has designated the boundaries of the tax incremental district recommended by it, which are described on Exhibit A hereto, and has submitted its . recommendation to the Common Council; and WHEREAS, the Common Council has, on this date, approved a project plan for a tax incremental district in the City (the "Project Plan"); and WHEREAS, the creation of the tax incremental district a.nd implementation of the Project Plan .will promote mixed-use development in the City; NOW, THEREFORE, be it resolved by the Common Council of the City of Muskego, Waukesha County, Wisconsin, that: Section 1. Creation of Tax Incremental District For the purpose of promoting mixed-use development in the City, a tax incremental district (the "District") is created in the City as of January 1,2008, pursuant to Section 66.1105 of the Wisconsin Statutes. Section 2. Boundaries of the District. The boundaries of the District shall be as described on Exhibit A hereto which is incorporated herein by this reference. . . . Reso; #219-2007 Page 2 Section 3. Name of the District. The District shall be known as "Tax Incremental District Number 10, City of Muskego, Wisconsin." Section 4. FindinQs with Respect to the District. The Common Council makes the following findings with respect to the District: (a) Not less than 50%, by area, of the real property within the District is suitable for mixed-use development within the meaning of Section 66.1105(2)(cm) of the Wisconsin Statutes. (b) The improvement of the area in the District to be undertaken pursuant to the Project Plan is likely to enhance significantly the value of substantially all of the other real property in the District. (c) The project costs described in the Project Plan for the District directly serve to promote mixed-use development in the District. (d) The aggregate equalized value of taxable property of the District, plus the value increment of all existing tax incremental districts within the City, does not exceed 12% of the total equalized value of taxable property within the City. (e) No newly-platted residential development is included within the District, and no costs related to newly-platted residential development are part of the Project Plan. Section 5. Tvpe of District. The District is declared to be a mixed-use district based on the identification and classification of the property included in the District. Section 6. No Recentlv Annexed Property. There is no property within the District, which has not been annexed to the City for at least 3 years. . Section 7. Retail Business Estimate. It is estimated that 29% of the territory within the District will be devoted to active retail busifless use at the end of the maximum expenditure period of the District. DATED THIS 27TH DAY OF NOVEMBER ,2007. SPONSORED BY: Ald. Noah Fiedler Deferred: 11/13/07 This is to certify that this is a true and accurate copy of Resolution #219-2007 which was adopted by the Common Council of the City of Muskego. . . . Reso. #219-2007 Page 3 Exhibit A All that part of the Northeast 1/4, and Southeast 1/4 of Section 3, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the Southwest corner of the Northeast 1/4 of said Section 3, thence N 00019'58" W along the West line of said Northeast 1/4 a distance of 302.09 feet to the point of beginning of lands to be described; thence continuing N 00019'58" W along said West line 1,433.69 feet to the Northwest corner of Outlot 1 Certified Survey Map NO.1 0174; thence N 88045'40" E along the North line of said Outlot 1 a distance of 742.44 feet, to the West line of a property identified by tax-key no. 2169-993; thence Northerly along said West line 610 feet more or less to College Avenue Southerly right-of-way line; thence along said South line 308 feet more or less to the West line of a property identified by tax-key no. 2169-986; thence Northerly along said West line 17 feet more or less to said Southerly College Avenue right-of-way line; thence Easterly along said South right-of-way line 150 feet to Moorland Road Westerly right-of- way line; thence Northerly along said West line 287 feet to said Southerly College Avenue Right-of-way line; thence Easterly 330 feet more or less to the Northerly corner of a property identified by tax-key no. 2169-994-001; thence Easterly along said College Avenue South line 295 feet more or less to the Westerly line of a property identified by tax-key no. 2169-995-001; thence Southerly along said West line 240 feet more or less to the South line of said property; thence Easterly along said South line 150 feet to the South line of a property identified by tax- key no. 2169-995; thence Northeasterly along said South line extended 220.2 feet, to the East line of a property identified by tax-key no. 2169-996; thence Northerly along said East line 190 feet more or less to the South line of said College Avenue; thence Easterly along said South line 228 feet more or less to a point on a curve; thence Southwesterly along the arc of a curve, center lying to the Southeast, a distance of 119.47 feet to the West line of a property identified by tax-key no. 2169-997; thence 100 feet to the South line of said property; thence Easterly along said South line, and also along the South line of a property identified by tax-key no. 2169- 998, a distance of 317.40, to the East line of. said Northeast 1/4; thence Southerly along said East line 2165.10 feet, to the Southeast corner of said Northeast 1/4 section; thence Westerly along the South line of said Northeast 1/4 section 515 feet more or less to the Easterly Moorland Road right- of-way line; thence Southeasterly along said East line 538 feet; thence Southwesterly 211 feet more or les to the Westerly Moorland Road right-of-way; thence Northwesterly along said West line 643 feet to the South line of said Northeast 1/4 section; thence S 800 17'32" W along said South line 1173 feet more or less to the Southeast corner of Lot 23, Oakridge Glen Subdivision; thence N 00026'48" W feet along the East line of said Lot 23 a distance of 302.07 feet, to the' North line of said Oakridge Glenn Subdivision; thence S 88017'32" W along said North line 745.40 feet, to the point of beginning. Containing 5,492,291 sq.ft.(126.09 acres) more or less.