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CCR1986115RESOLUTION #115-86 RESOLUTION AS TO ASSESSMENT OF THE KLENZ/OSBURN PROPERTY WHEREAS, the City of Muskego adopted Resolution #219-84 amended by Resolution #28-85, Resolution #112-86 and Resolution establishing a Deferred Assessment Policy, said policy being #114-86 as to the effect of said resolution on the property described below: Pt NE 1/4 Sec 11 T5N R20E Com at SE Cor Th N 20.48 C to Ctr Th E to Bgn Ex CS 15/34 49.147 Ac Rem R284/1298 Ex R293/1015 of Hy, Th S 71 W to Intersec of Hys, Th SE to S Li of NE 114 and, WHEREAS, the City of Muskego wishes to negotiate, pursuant to said policy, a payment of less than the entire assessment levied by Resolution #152-71 upon improvement of only a portion of said property. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Muskego that special assessments for sanitary sewer improvements levied by Resolution #152-71 upon the 17 lots contemplated in the preliminary plat dated 3110186 and entitled, and payable as follows: "Durhamswood", and other lands described above, shall become due 0 1. That upon sale of any of the 17 lots that percentage of the total assessment against all of the properties being sold bears to the total number of front feet in described above that the number of front feet in the lot the 17 lots (front feet calculations to be made in accordance with the Assessment Policy of the City), including interest, is due and payable, and if not paid shall be extended on the tax roll and collected as a delinquent real estate tax; however, in any event, pursuant to Resolution #112-86, all such assessments are making the levy as finally amended or confirmed by the due five (5) years from the date of the final resolution Common Council unless further extended by the Common Council. 2. All provisions of Resolution #112-86 shall apply to property described in a preliminary plat and this of passage of this resolution all of the following agreement shall be null and void unless within 150 days events occur: A. Robert W. Klenz, Henry K. Osburn, Irene Masch and Wilburt Mahn, as owners and/or mortgage holders of the land in question execute this resolution as their agreement; and ., 1 ~ Resolution # Page Two 3. 4. 5. B. C. D. E. 11 5-86 Robert W. Klenz, Henry K. Osburn, Irene Masch and Wilbert Mahn execute any additional agreements necessary to record this document; and Robert W. Klenz, Henry K. Osburn, Irene Masch and Wilbert Mahn obtain all necessary approvals of the final plat which includes the same divisions as set forth in the preliminary plat referred to above; and Robert W. Klenz, Henry K. Osburn, Irene Masch and Wilbert Mahn give the City evidence satisfactory to property in question at the time of acceptance of the City that they are the sole owners of all of the this resolution and have the right to enter this agreement. Wilbert Mahn hereby waive all legal notices required Robert W. Klenz, Henry K. Osburn, Irene Masch and to amend or change special assessments and agree to this special assessment without further action by the City. That upon satisfaction of all of the conditions stated above, the City will remove the assessments stated above from all of the lands referred to above except the 17 stated in No. 1 above. lots in question and the assessment will be divided as That the deferred assessment policy established in Resolution #112-86 shall apply even if the conditions of this agreement are met in so far as they are not amended by this resolution. Interest shall be charged at the rate of 9% per annum on the unpaid balance including accrued interest from the paid in full. date of this resolution until the entire assessment is DATED THIS al DAY OF PUBLIC SEWE Ayd. Haroli4 X. /Sanders 5/86 jm Resolution #115-86 Page Three Resolution #115-86 Accepted By: Robert W. Klenz Henry K. Osburn Irene Masch Wilbert Mahn