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CCR1987130RESOLUTION # 130-87 AND FINAL SPECIAL ASSESSMENT RESOLUTION AUTHORIZING WAIVER OF SPECIAL ASSESSMENT NOTICE AND HEARING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTIES INSTALLATION OF SEWER IMPROVEMENTS AND LEVYING (Graser-Eaton) WHEREAS, William G. Graser and Patrick H. and Carol are all of the owners of the properties described on Exhibit ''1" Eaton which is attached hereto and made a part hereof; and WHEREAS, all of said properties are near the Wentland Drive Sewer Special Assessment District, but not included in said District as described in Resolution #55-87; and on a front foot basis; and WHEREAS, the Wentland Drive Sewer Project will be assessed said sewer line, but can be served by said lines by means of laterals; and WHEREAS, the properties stated above have no frontage on before a sewer line will be constructed in front of the WHEREAS, it is likely that it will be some period of time properties on Hillendale Drive, Muskego, Wisconsin, stated above for which they would be assessed under present policy; and WHEREAS, the property owners described above want sewer service at this time and wish to be assessed on the same basis as those on Wentland Drive, said assessments being more specifically described on Exhibit "1". NOW, THEREFORE, for valuable consideration acknowledged by all parties, it is agreed as follows: 1. That this agreement is null and void and of no effect if Wentland Drive Sewer Project is not completed. 2. In consideration of the construction by the City of we, the undersigned, hereby admit that this improvement will Muskego, Wisconsin, of the above described public improvement, benefit our above described properties in the City of Muskego and consent to the levying of special assessments against our premises under 566.60, Wisconsin Statutes, for the cost of this improvement (see Exhibit "1"). hereby waive all special assessment notices and hearings required that the benefit to our properties from the construction of this by 566.60, Wisconsin Statutes, and we further agree and admit In accordance with §66.60(18), Wisconsin Statutes, we -0 improvement is as stated on Exhibit "1". 3. That the plans and specifications of the City Engineer and any amendments thereto pertaining to the construction of the above described public improvements are adopted and approved. engineers to request the contractor for the Wentland Drive Sewer 4. That the City of Muskego has or shall authorize the Project to carry out the improvements in accordance with the plans and specifications of the City Engineer and any amendments thereto. 5. That payment for the improvements be made by assessing the cost to the property benefited as indicated on the attached document marked Exhibit "1". 6. That assessments represent an exercise of the police power, have been determined on a reasonable basis and are hereby assessments who have signed a waiver of notice and hearing as to confirmed and have been agreed to by the parties receiving said said special assessments. 7. That the assessments may be paid in cash in full on or City Treasurer, installment payments to bear interest at the rate before November 1, 1987 or in ten (10) annual installments to the of eight percent (8%) per annum on the unpaid balance commencing on November I, 1987 and said first installment being due on the date when real estate taxes are due and annually thereafter. All assessments or installments which are not paid by the date against the property and all proceedings in relation to the specified shall be extended upon the tax roll as a delinquent tax collection, return and sale of property for delinquent real estate taxes shall apply to such special assessment, except as otherwise provided by statute. The City Clerk shall publish this resolution as a Class 1 Notice in the assessment district and mail a copy of this resolution and a statement of the final assessment against the benefited property to every property owner whose name appears on the assessment roll whose post o€fice address is known or can with reasonable diligence be ascertained. DATED this A<3 day of -2- 0 Published: ACCEPTED by all owners of property described on Exhibit "1": OWNER OWNER OWNER OWNER OWNER OWNER -3- ATTACHMENT TO RESOLUTION #130-87 EXHIBIT "1" Tax Key No. 2180.983 - W194 S7077 Hillendale Drive TN Pt s SE 1" 49' E 199.37. ft from S 114 Corh Th N lU 49' E 174.92 ft, Th S72" 03' 37" E 472.43 ft, Th S 15 14' W 120 ft, Th N 78O 27' 12'' W 432.14 ft to bgn 1.505 Ac R 32/1144 R70311028 WD 10/85 William G. Graser 15194 S7077 Hillendale Muskego, WI 53150 Front Foot Assessment - 124 L.F. x $40.753043/ft. = $5,053.38 Total Lateral Cost Total Costs Due 840.00 $5,893.38 0 Tax Key No. 2180.984 Pt S 112 SE 114 Sec 5 T5N R20E Corn N & S Li N 1" 49' E 374.29 ft 14' W 150 ft N 72" 03' 37'' W 150 ft N 72' 03' 37" W 478.43 ft to from S 114 Cor N 1" 49' E 123.46 ft S75' 37' 35" E 500.58 ft S15" bgn 1.505 Ac Patrick H. and Carol Eaton Milwaukee, WI 53222 3038 North 92 Street Front Foot Assessment - 147 L.F. x $40.753043/ft. = $5,990.70 Total Lateral Cost 1 536 00 T73k7-6 Total Costs Due