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CCR2016033-TIF9Amendment COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #033-2016 A RESOLUTION AMENDING, DESCRIBING AND MAKING CERTAIN FINDINGS FOR APPROVING A PROJECT PLAN AMENDMENT AND AMENDED BOUNDARIES FOR TAX INCREMENTAL DISTRICT NO. 9, 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. 9 (the “District”) was created by the City of Muskego (the “City”) in 2003. The District consists properties on the east and west sides of Janesville Road From Moorland Road to College Avenue; 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 WHEREAS, the Community Development Authority, after completing preliminary planning work, scheduled, gave public notice of, and on April 7, 2016 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, recommended approval of the boundary amendment of the District to the area described by the boundary description attached to this resolution as Exhibit A, and WHEREAS, the Community Development Authority has prepared a Boundary and Project Plan Amendment to the District attached as Exhibit B, 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, as of January 1, 2016 the boundaries ofthe District known as "Tax Incremental District No. 9, City of Muskego", are amended to those recommended to the City Council by the Community Development Authority, as specified in the attached Exhibit A, 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, 2016, pursuant to the provisions of Section 66.1105(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 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 66.1105(5)(f) of the Wisconsin Statutes. th DATED THIS 26DAY OF APRIL, 2016. SPONSORED BY: Ald. Tom Kapusta Ald. Kevin Kubacki This is to certify that this is a true and accurate copy of Resolution #033-2016 which was adopted by the Common Council of the City of Muskego. _____________________________ Clerk-Treasurer EXHIBIT A - BOUNDARY DESCRIPTION All that part of the Northeast ¼, Southeast ¼, and the Southwest ¼ of Section 2, and the Northwest ¼ of Section 1, and the Southeast ¼ of Section 3, all in Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the intersection of the West line of Parcel 1, of Certified Survey Map No. 8051, and the North line of Janesville Road (C.T.H. “L”) said point also being the point of beginning of lands to be described; thence Northerly along said West line 637.30 feet to the North line of said Parcel 1; thence Easterly along said North line and the North line of Certified Survey Map No. 4188, a distance of 292 feet more or less, to the Southwesterly right-of-way line of Moorland Road (C.T.H.”O”); thence Northwesterly along said right-of-way line 288 feet more or less, to the Northerly extended property line of Parcel 4, of Certified Survey Map No.9335; thence Northeasterly along said North line 389 feet more or less to an angle point; thence Northeasterly along the Northerly line of said Parcel 4, a distance of 67.14 feet, to a point on a curve; thence Southeasterly along the Northeast line of said Parcel 4 and along the arc of a curve 28.83 feet to the East line of said Parcel 4; thence Southerly along said East line 157.99 feet, to the Southerly line of said Parcel 4; thence Southwesterly along said South line, 154.20 feet to the Northeasterly right-of-way line of said Moorland Road, said line also being the Southwesterly line of Parcel 3, of said Certified Survey Map 9335; thence Southeasterly along said right-of way line 394.62 feet, to the South line of said Parcel 3; thence Easterly along said South line, 299.11 feet to the West line of Parcel 2, of said Certified Survey Map 9335; thence Southerly along said West line 135.20 feet to the North right-of-way line of said Janesville Road; thence Northeasterly along said right-of way line 519.75 feet to the Westerly line of Parcel 1 of said Certified Survey Map No. 9335; thence Northerly along said West line 338.38 feet, to a point on a curve; thence Northeasterly along the arc of a curve 21.21 feet, to the North line of said parcel 1; thence Easterly along said North line 95.11 feet to a point on a curve; thence Southeasterly along the arc of a curve 64.95 feet to the East line of said Parcel 1; thence Southerly along said East line 69.37 feet, to a point on a curve; thence Southerly along the arc of a curve 105.06 feet, to the North right-of-way line of said Janesville Road; thence Northeasterly along said right-of-way 1175.27 feet to a angle point in said right-of-way; thence Northeasterly along said right-of-way 331.00 feet to the Southwest corner of Lot 1, of Golden Country Estates Subdivision; thence Northerly along the West line of lots 1 and 2, of said Subdivision, 207.61 feet to an angle point; thence Northerly along the West line of Lots 2, 3, and 4 of said Subdivision, 337.38 feet to the South line of the Northwest ¼ , Section 2, said point also being the Northeast corner of Lot 4 in said Subdivision; thence Easterly 182.00 feet along said South line to the Westerly right-of- way line of Woodland Place; thence Northerly along said Right-of-way line 59 feet more or less to the Southerly extended property line of Lot 2, Certified Survey Map No. 4610; thence Easterly along said South line 262 feet more or less to the Southeast line of said Lot 2; thence Northeasterly along said Southeast line 120.14 feet to the Northeasterly line of said Lot 2; thence Northwesterly along said Northeasterly line 121.61 feet to the East line of Lot 1, said Certified Survey Map; thence Northerly along said East line 70.00 feet to the Northerly line of said Lot 1; thence Northwesterly along said Northerly line 230.00 feet to the East line of the Northwest ¼ of said Section 2, said line also being the East line of Glenbrook Subdivision; thence Northerly along said East line 485.00 feet; thence Easterly 120.00 feet; thence Southeasterly 560.00 feet to the East line of Lot 2, Certified Survey Map No. 4785; thence Southerly along the East line of said Lot 2, and the East line of Parcel 1 of Certified Survey Map No. 2962, a distance of 311.91 feet to the North line of Parcel 2, of said Certified Survey Map No. 2962; thence Northeasterly along the North line of said Parcel 2, 374 feet more or less to the East right-of-way line of Tess Corners Drive; thence Northwesterly along said East right-of-way line 316 feet more or less to the Southerly line of Parcel 2, Certified Survey Map No. 3480; thence along the South line of said Parcel 576.38 feet, to the West line of Lot 1, Certified Survey Map No. 1077; thence Northerly along the West line of said Lot 1 a distance of 356 feet more or less to the South line of Parcel 2, Certified Survey Map No. 2657; thence Easterly along said South line 213.66 feet; thence Northerly 1070 feet more or less to the North line of the Northeast ¼ of said Section 2, said North line also being the centerline of College Avenue and the North line of Muskego City Limits; thence Easterly along said North line 990.66 feet to the Northeast corner of said Northeast ¼; thence Easterly along the North line of the Northwest ¼ of Section 1, and said City limits line, 2666 feet more or less to the Northeast corner of said Northwest ¼; thence Southerly along the East line of the said Northwest ¼, 89 feet more or less to the South right of way line of Janesville Road (C.T.H. “L”); thence Southwesterly along said right of way line 1232 feet more or less, to the Northwest corner of Lot 14, Block 17, Fountainwood Addition No. 3; thence Southerly along the West line of Lots 14, 15, 16, 17, and 18, Block 17 of said Subdivision 558.05 feet to the North line of Lot 19, Block 17 of said Subdivision; thence Southwesterly along said North line 120.00 feet, to the East line of Lot 20, Block 17, of said Subdivision; thence Northerly along the East line of said lots 20, 21, 22, 23, Block 17 of said Subdivision 558.05 feet, to the said South right-of-way line; thence Southwesterly along said South line 1525 feet more or less, to the West line of the Northwest ¼, of said Section 1, said line also being the West line of said Fountainwood Addition No. 3 Subdivision; thence Southerly along said West line 905 feet more or less, to the Southwest corner of said Northwest ¼ Section; thence Southerly along the West line of the Southwest ¼ of said Section 1, 431.70 feet, to the Southeast corner of lands designated by Tax key No. 2168-999; thence Westerly along said lands 906 feet more or less, to the East right-of-way line of Gaulke Drive: thence Northwesterly along said right-of-way 220 feet more or less, to the North right-of-way line of Gaulke Drive; thence Westerly along said right-of-way line 389 feet more or less to the East ultimate right-of-way line of Tess Corners Drive; thence Southeasterly along said right-of-way line 286 feet more or less, to the Northerly property line extended of parcel with Tax-key No. 2168-980; thence Southwesterly along said Northerly line 359 feet more or less to the Easterly line of Sandy Knoll Subdivision; thence Northwesterly along said East line 294 feet more or less to the Northerly line of said Sandy Knoll Subdivision; thence Southwesterly along the North line of said Subdivision 602.98 feet to the Northwest corner of said Subdivision; thence Southeasterly along the West line of said Subdivision 351.54 feet; thence Southerly along the west line of said Subdivision 334.97 feet to North line of Lot 6, in Belmont Greens Subdivision; thence Westerly along said North line 508 feet more or less, to the East right-of-way line of Durham Drive; thence Westerly 101 feet more or less to the West right-of-way line of Durham Drive, said point also being the Southeast corner of Lot 18, Block 1, Durham Meadows Subdivision; thence Northerly along said right-of-way line 125.00 feet, to the Northeast corner of Said Lot 18, thence Westerly 16 feet more or less to the West right-of-way line of said Drive, said point also being the Southeast corner of lands designated by Tax key No. 2167-998-001; thence Northerly along said right-of-way line 120 feet more or less to the Northeast corner of said lands; thence Westerly 164 feet more or less to the Northwest corner of said lands; thence Southerly 120 feet to the North line of Durham Meadows Subdivision; thence Westerly along said North line 331.55 feet, to the Northwest line of said Subdivision; thence Southwesterly along said Northwest line 572.15 feet to the East line of Lot 5, Certified Survey Map No. 5841, said point also being the Northwest corner of Lot 8, Block 1, of said Subdivision; thence Southeast along said East line 158.52 feet, to the North right-of-way line of Cornell Circle; thence Southwesterly 261.33 along the arc of a circle whose center is to the Southeast, whose radius is 681.56 feet, whose chord bears S29°55’26”W with a chord length of 259.72 feet, to the South right-of-way line of a 60.00 feet wide unimproved street; thence Northwesterly along said right-of-way line 303.83 feet; thence continuing Northwesterly 77.82 feet to the Northerly line of Lot 1 Certified Survey Map No. 9462, said line also being the South right-of –way line of a 60.00 foot wide unimproved street, to a point on a curve; thence Southwesterly along said right-of-way line, and along the arc of a curve 183.62 feet, thence Southwesterly along said right of way 729.93 feet to the East right-of-way line of Moorland Road a 120 foot wide street; thence Continuing Southwesterly 120.13 feet to the West right-of-way line of said Moorland Road, said point also being the Northeast corner of Lot 3, of Certified Survey Map No. 9463; thence Continuing Southwesterly 393.12 feet along the North line of said Lot 3, said line also being the South right-of-way line of a 60 foot wide unimproved street, to the West line of the Southwest ¼ of said Section 2; thence Northerly along said West line 65.85 feet to the Northerly Princeton Drive right of way line; thence Northeasterly along said Northerly right of way line 24.21 feet to the Southwest corner of Lot 2 Certified Survey Map No. 11259; thence Northwesterly along the West line of said Lot 2 a distance of 329.51 feet, 850.54 feet to the Southerly right-of-way of said Janesville Road (C.T.H. “L”); thence Southwesterly along said right-of-way 344 454 feet more or less to the West extended property line of Parcel 1, of said Certified Survey Map No. 8051; thence Northerly 141 feet more or less to the intersection the West line of said Parcel 1, and the North right-of–way line of said Janesville Road, said point also being the point of beginning. EXHIBIT B - PROJECT PLAN