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CCR1987108AMENDED RESOLUTION 11108-87 AMENDMENT TO FINAL RESOLUTION 1/47-87 AUTHORIZING INSTALLATION OF WATER IMPROVEMENTS AND LEVYING SPECIAL PROPERTY KNOWN AS THE HYDRO PARTS PROPERTY AND WAIVER OF ASSESSMENTS AGAINST BENEFITTED PROPERTY AS TO THE SPECIAL ASSESSMENT NOTICES AND HEARINGS UNDER §66.60(18) (Water Main Assessment Area MW-4-87 & MW-5-87) WHEREAS, on the 31st day of March, 1987, the Common Council of the City of Nuskego adopted Resolution 1/47-87; and WHEREAS, one of the properties assessed was the property known as Hydro Parts, Tax Key Number 2199.999; and WHEREAS, the owners of said property have now asked the City as part of the assessment to include the cost of a certain lateral being requested by the undersigned owners so that the property could be developed as a commercial property; and WHEREAS, the property owners then would be subject to the higher rate of assessment for commercial, industrial and institutional property and wishes to be subject to said rate as the property is being developed as a commercial property; and WHEREAS, the property subject to this resolution is 0 described on Exhibit 1 which is attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED for valuable consideration acknowledged by both parties as follows: 1. 2. 3. That the charges described on Exhibit 2, as amended, which is attached hereto and made a part hereof, shall be assessed against said property and the assessment roll shall be amended accordingly. That by executing the acceptance of this resolution as stated below, the owners of said property also hereby waive special assessments and notices and hearings under §66.60(18) and consent to the levying of special assessments against their property for the costs of said improvement under Wisconsin Statute 566.60 and further agree and admit that the benefit to the property in question from the construction of said improvement is just and reasonable. All provisions of Resolution 1lR47-87 and all documents referred to therein, unless specifically amended by if this resolution is not accepted as a binding this resolution, remain in full force and effect, and contract by all owners of the property in question by 0 Resolution #108-87 - Page 2 executing this document on or before the 15th day of June, 1987, time being of the essence, this resolution shall be null and void. DATED THIS 26th DAY OF May 9 1987. CITY OF MUSKEGO ATTEST: n ACCEPTED BY on this day of Y 1987. 0 Owner Owner .. Resolution r1108-87 Attachment EXHIBIT 1 All that part of the NW 1/4 of the SW 1/4 of Section 10, TSN, . R20 E, in the City of Muskego, Waukesha County, Wisconsin, which' is bounded and described as follows: Comzencing at the Northwest corner of said SW l/4 Section; thence S 1 13' 04" E along the West line of said SW 1/4 Section, 366.90 feet to thg place of beginning of the lands to be described; thence N 88 46' 56" E, 380.00 feet; thence N 270 44' 05" W, 399.62 feet to a Faint on the Southeasterly right-of-way line of W. Janesville Road; thence N 62' 03' 27" E along said right-of-way line 547.25 feet; thence S 13' 42' 22'' E, 253.08 feet; thence N 88' 33' 28" E,'327.79 feet; thence N 88' 02' 38'' El 228.27 feet; thence S 1 14' 37" E, 357.13 feet; thence S 88' 46 56" W, 1328.10 fee: to a oint in the Vest line of said SW 1/4 Section; thence N 1 13' Oe" W along said 'Jest line 50.00 feet to the place of beginning. Said lands, exclusive of street right-of-ways, containing 10 acres more or less. AMENDED Resolution #108-87 Attachment EXHIBIT 2 ilydro Parts Tax Key Number 2199.999 Add an 8" Water Main at a cost of $3,925.00 City Engineer will compute increase in assessment for additional $2.00 a foot for Wd4-87 and W5-87 due to change of zoning to property. RESOLUTION 11108-87 AMENDMENT TO FINAL RESOLUTION 1\47-87 AUTHOR121 INSTALLATION OF WATER IMPROVEMENTS AND LEVYING SP ASSESSMENTS AGAINST BENEFITTED PROPERTY AS PROPERTY KNOWN AS THE HYDRO PARTS PROPERTY AND SPECIAL ASSESSMENT NOTICES AND HEARINGS UNDER 5 (Water Main Assessment Ar WHEREAS, on the 31st day of M of the City of Muskego adopted Res WHEREAS, one of the properti the property known as Hydro Parts, Tax Key Numb as part of the assessment to inclu WHEREAS, the owners of said p property could be developed as a lateral being requested by the und WHEREAS, the property owners higher rate of assessment for com the property is being developed a institutional property and wishes hereto and made a part WHEREAS, the resolution is hereof. NOW, consideration 2, which is shall be assessment roll '0 ing the acceptance of this resolution as assessments and notices and hearings the owners of said property also hereby 8) and consent to the levying of special ainst their property for the costs of nt under Wisconsin Statute $66.60 and estion from the construction of said and admit that the benefit to the just and reasonable. of Resolution #R47-87 and all documents erein, unless specifically amended by n, remain in full force and effect, and 1 owners of the property in question by f this resolution is not accepted as a binding e Resolution #108-87 - Page 2 June, 1987, time being of the essence, this resolution executing this document on or before the 15th day of shall be null and void. DATED THIS DAY OF 3 1987. CITY OF MUSKEG0 WAYNE G. SALENTINE, MAYOR ATTEST: CHARLOTTE L. STEWART, CITY CLERK ACCEPTED BY on this day of , 1987. Resolution #108-87 Attachment EXHIBIT 1 All that part of the NW 1/4 of the SW 1/4 of Section 10, T5N, R20 E, in the City of Muskego, Waukesha County, Wisconsin, which corner of said SW 1/4 Section; thence S 1' 13" 04" E along the is bounded and described as follows: Commencing at the Northwest West line of said SW 1/4 Section, 366.90 feet to th: place of beginning of the lands to be described; thence N 88 46' 56~" E, 380.00 feet; thence N 2p 44' 05" W, 399.62 feet to a point on the Southeasterly right-of-way line of W. Janesville Road; thence N 62' 03' 27" E along said right-of-way line 547.25 feet; thence S 13' 42' 22" E, 253.08 feet; thence N 88' 33' 28" E, 327.79 feet; thence N 88' 02' 3;'' El 228.27 feet; thence S 1' 14' 37" E, 357.13 feet; thence S 88 46 56" W, 1328.10 fee: to a point in the West line of said SW 1/4 Section; thence N 1 13' 04" W along exclusive of street right-of-ways, containing 10 acres more or said West line 50.00 feet to the place of beginning. Said lands, less. Resolution #108-87 Attachment EXHIBIT 2 Hydro Parts Tax Key Number 2199.999 Add an 8" Water Main at a cost of $3,925.00 Additional assesment for change of property from Residential to Commercial to be determined by the City Engineer.