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CCR2012111-TIF 8 Amendment COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #111-2012 A RESOLUTION AMENDING, DESCRIBING AND MAKING CERTAIN FINDINGS FOR APPROVING A PROJECT PLAN AMENDMENT AND AMENDED BOUNDARIES FOR TAX INCREMENTAL DISTRICT NO. 8, CITY OF MUSKEGO, WISCONSIN WHEREAS, The overall development of the City of Muskego is recognized as a major need of the City; and WHEREAS, Tax Incremental District No. 8 (the “District”) was created by the City of Muskego (the “City”) in 2000 and amended in 2005. The District consists various properties located on the north and south sides of Janesville Road between Lannon Drive and Bellview Drive; and WHEREAS, In order to further the goals contained in the original Project Plan for the District, the City now finds it desirable to amend the District’s boundaries to add additional property and to amend the Project Plan to provide for the undertaking of additional expenditures; and WHEREAS, the Community Development Authority, after completing preliminary planning work, scheduled, gave public notice of, and on November 20, 2012 held a public hearing wherein interested parties were afforded a reasonable opportunity to express their views on the proposed amendment of the District, and the proposed boundaries and the proposed amendment to the Project Plan thereof in accordance with the procedures specified in the Tax Increment Law; and WHEREAS, prior to its publication, a copy of the notice of said hearing was sent to the chief executive officer of Waukesha County, the Muskego-Norway School District, and the Waukesha County Technical College District, and the other entities having the power to levy taxes on property located within the District, in accordance with the procedures specified in the Tax Increment Law; and WHEREAS, the Community Development Authority, after due consideration following the said public hearing, determined that the amendment of the District to the area described by the boundary description attached to this resolution as Exhibit A will provide the City with a viable method of financing the cost of needed public improvements and other project costs within the area, thereby providing incentives and opportunities for appropriate private development, including new development and improvement of existing development, which will contribute to the overall development of the City, and WHEREAS, the Community Development Authority has prepared a Boundary and Project Plan Amendment to the District attached as Exhibit B (the “amendment”), which includes, if applicable: a. Statement listing of the kind, number and location of all proposed public works or improvements within the District, or to the extent provided in Section 66.185(2)(f)1., Wisconsin Statutes, outside of the District; b. An economic feasibility study; c. A detailed list of estimated new and amended project costs; d. A description of the methods of financing all estimated project costs and the time when such costs or monetary obligations related thereto are to be incurred; e. A map showing existing uses and conditions; f. A map showing proposed improvements and uses; g. Proposed changes of zoning ordinances, master plan, map, building codes and City ordinances; h. A list of estimated non-project costs; i. A statement of the proposed method for the relocation of any persons to be displaced; j. A statement indicating how amendment of the District promotes orderly development of the City; k. Estimate of Additional Territory to be devoted to retail business; l. Equalized value test; m. Additional Territory – annexed property; and WHEREAS, the Community Development Authority has submitted such Amendment to the City Council and recommended approval thereof; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Muskego as follows: 1. Pursuant to the Tax Increment Law, there are hereby amended the boundaries of, in the City of Muskego, as of January 1, 2012, a District known as "Tax Incremental District No. 8, City of Muskego", the boundaries of which shall be those recommended to the City Council by the Community Development Authority, as specified in the attached Exhibit A, and; 2. The City Council hereby finds and declares that: (a) The improvement of such area is likely to enhance significantly the value of substantially all of the other real property in the District; and (b) The equalized value of taxable property of the as District, as amended, plus the value increment of all other existing tax incremental districts within the City, does not exceed 12% of the total equalized value of taxable property within the City; and (c) The City estimates that approximately 75% of the territory within the District, as amended, will be devoted to retail business at the end of the District’s maximum expenditure period, pursuant to Section 66.185(6)(am)1 of the Wisconsin Statutes; and BE IT FURTHER RESOLVED THAT the City Council of the City of Muskego approves the Amendment to the Project Plan adopted by the Community Development Authority, attached as Exhibit B, and finds that: 1. Such Amendment for the District in the City is feasible, and; 2. Such Amendment is in conformity with the master plan of the City. The City Clerk - Treasurer is hereby authorized and directed to apply to the Wisconsin Department of Revenue, in such form as may be prescribed, for a "Determination of Tax Incremental Base", as of January 1, 2012, pursuant to the provisions of Section 66.185(5)(b) of the Wisconsin Statutes. The City Assessor is hereby authorized and directed to identify upon the assessment roll returned and examined under Section 70.45 of the Wisconsin Statutes, those parcels of property which are within the District, specifying thereon the name of the said District, and the City Clerk - Treasurer - Treasurer is hereby authorized and directed to make similar notations on the tax roll made under Section 70.65 of the Wisconsin Statutes, pursuant to Section 66.185(5)(f) of the Wisconsin Statutes. TH DATED THIS ___27 ____ DAY OF ___NOVEMBER_________, 2012. SPONSORED BY: Mayor Kathy Chiaverotti Ald. Rob Wolfe Ald. Rob Glazier This is to certify that this is a true and accurate copy of Resolution #111-2012 which was adopted by the Common Council of the City of Muskego. _____________________________ Clerk-Treasurer EXHIBIT A - BOUNDARY DESCRIPTION All that part of the Northwest ¼ and the Southwest ¼ of Section 10, and the Northeast ¼ and the Southeast ¼ of Section 9, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the Northwest corner of a property identified by Tax-key no. 2198-990-003 said point also being the point of beginning; thence Easterly along the North line of said property 106.00 feet, to the Easterly line of said property; thence Southerly along said East line extended 295 feet more or less, to the South right of way line of Janesville Road (C.T.H. “L”); thence Northeasterly along said South line 710 feet more or less to the Northeast corner of Lot 4, Certified Survey Map No. 10029; thence Northerly 120 feet more or less to the Southwest corner of a property identified by Tax-key no. 2198-984-001; thence Northerly along the West line of said property 417.31 feet to the North line of said property; thence Easterly along said North line 222.79 feet, to the West right-of-way line of Parkland Drive; thence Northerly 73 feet more or less to the intersection of the Easterly right of way line of said Parkland Drive and the Southerly line of Outlot 4, Parkland No. 3 Subdivision; thence Easterly along said South line 125.08 feet to an East line of said Outlot 4; thence Northerly along said East line 153.00 feet, to a South line of said Outlot 4; thence Northeasterly along said South line 263.00 feet, to an angle point; thence Northeasterly along said South line 285.00 feet, to a South line of said Outlot 4; thence Easterly along said South line 96.14 feet, to the West line of Parcel B, Certified Survey Map No. 103; thence Northerly along said West line and along the West line of Outlot 1, Certified Survey Map No. 10221 a distance of 648 feet more or less to the North line of said Outlot 1; thence Easterly along said North line 540.70 feet to the East line of said Outlot 1; thence Southerly along said East line and also the East line of the property identified by Tax-key no. 2198-995 a distance of 582 feet more or less to an angle point; thence Southeasterly along the Easterly line of said property extended, 126 feet more or less, to the existing Southerly right of way line of Janesville Road (C.T.H. “L”); thence Northeasterly along said right of way line 422 feet more or less to the West Bay Lane Drive right of way line; thence Southerly along said West line 424 feet more or less to Northeast corner of Lot 3, Certified Survey Map No. 1876; thence Westerly along the a North line of said Certified Survey Map 254.02 feet to an angle point; thence Southwesterly along an extended North line of said Certified Survey Map 276 feet more or less to the South line of a property identified by Tax-key no. 2198-977; thence Westerly along said South line 152.95 feet, to the West line of said property; thence Northerly along said West line 126 feet more or less to the Southerly Janesville Road (C.T.H. “L”) right of way; thence Northerly 169 feet more or less to the Southeast corner of Lot 1, Certified Survey Map No. 10766, said point also lying on the Northerly Janesville Road ultimate right of way line; thence Southwesterly along said Northerly line 1,018 feet more or less to the Westerly Parkland Drive Right of way line; thence Southerly 120 feet more or less to the Northeast corner of Lot 1, Certified Survey Map No. 10029; thence Southerly along the West Parkland Drive right of way 915 feet more or less to the South line of said Certified Survey Map No. 10029; thence Westerly along the South line of said Certified Survey Map No. 10029, and Parcel 1 of Certified Survey Map No. 6635, a distance of 1260.65 feet, to the East right-of-way line of Lannon Drive; thence Northerly along said East line 50.00 feet to the Southerly line of Parcel 1, Certified Survey Map No. 7919; thence Easterly along said South line 228.00 feet to an angle point; thence Easterly on said South line 100.21 feet to the Easterly line of said Parcel 1; thence Northwesterly along said East line 350 feet more or less to the centerline of Janesville Road (C.T.H. “L”); thence Southwesterly along said centerline 263 feet more or less to the intersection of said centerline and the West extended Lannon Drive right of way line; thence Southerly along said right of way line 496 feet more or less to the North line of Lot 3, of Chesterhill Subdivision; thence Westerly along the North line of said Lot 3 and Lot 10, of Westview Subdivision 320.0 feet to the Northwest corner of said Lot 10; thence Westerly 52 feet more or less to the Northeast corner of Certified Survey Map No. 123; thence Southwesterly along the North line of said Certified Survey Map 304.98 feet to the Southeast corner of Certified Survey Map No. 2667; thence Southwesterly along the South line of said Certified Survey Map 135.00 feet to the Southwest corner said Certified Survey Map; thence Northwesterly along the West line of said Certified Survey Map 223.44 feet, to the Northwest corner of said Certified Survey Map, said line also being the Southerly Janesville Road ultimate right of way line; thence Northeasterly along said right of way line 366 feet more or less to the East Michi Drive extended right of way line; thence Northwesterly along said East line 369 feet more or less, to the North line of a property identified by Tax-key no. 2193-088; thence Easterly along said North line extended 223 feet more or less to the East Lake Drive right of way line; thence Northerly along said East line 87 feet more or less to the North line of a property identified by Tax-key no. 2193-059; thence Easterly along said North line 167 feet more or less to the West Center Drive right of way line; thence Northeasterly 67 feet more or less to the Northwest corner of Lot 28, of the First Addition to Krogmanns Subdivision; thence Easterly along said North line extended 291 feet more or less to the East Lannon Drive right of way line; thence Northerly along said East line 98 feet more or less, to the Northwest corner of a property identified by Tax-key no. 2198-990-003 said point also being the point of beginning.