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CCR1988063RESOLUTION 1\63-88 INSTALLATION OF WATER IMPROVEMENTS AND LEVYING SPECIAL AMENDMENT TO FINAL RESOLUTION 1\61-88 AUTHORIZING ASSESSMENTS AGAINST BENEFITTED PROPERTY AS TO THE GLENN AND RUTH PELLMANN PROPERTY AND WAIVER OF SPECIAL ASSESS~ENT NOTICES AND HEARINGS ~~~ ~~~ ~~ ~ ~~ ~~ UNDER §66.60(18) (Bay Lane Water Project - Assessment District "WE") of the City of Muskego adopted Resolution 1\61-88; and WHEREAS, on the 22nd day of March, 1988, the Common Council properties of Glenn & Ruth Pellmann: WHEREAS, three of the properties assessed were the Assmt. No. 2 - Tax Key No. 2200.998 Assmt. No. 3 - Tax Key No. 2200.998 Assmt. No. 4 - Tax Key No. 2199.995, and WHEREAS, the owners of said property have asked the City as part of the assessment to include the cost of installation of one 6" water service at $649.20, two 8" water services for $3,408.00, and 19 water laterals at $765.29 ea. for a total of $18,597.71; and WHEREAS, the property subject to this resolution is described on Exhibit 1 which is attached hereto and made a part hereof, and WHEREAS, the Public Water Committee has recommended approval of a proration of the water assessments as follows: The will be prorated against the lots abutting the improvements, thus assessable road frontage, plus any water main extension costs, with the property. Assessments will be paid at 125% of their removing the assessment from the balance of the lots involved proration. The laterals will continue to be paid on a two year payment plan and the unpaid balance, per lot, will be paid upon sale, if the sale is prior to when it would be due under the two year plan. The prorated lot assessments will be due and payable at the end'of five years, if not paid prior to that time. acknowledged by both parties as follows: NOW, THEREFORE, BE IT RESOLVED for valuable consideration 1. That the charges described on Exhibit 2, which is attached hereto and made a part hereof, shall be assessed against said property and the assessment roll shall be amended accordingly. 2. 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 Resolution #63-88 Page Two 0 said improvement under Wisconsin Statute $66.60 and property in question from the construction of said further agree and admit that the benefit to the improvement is just and reasonable. 3. All provisions of Resolution 1/61-88 and all documents referred to therein, unless specifically amended by this resolution, remain in full force and effect, and contract by all owners of the property in question by if this resolution is not accepted as a binding April, 1988, time being of the essence, this resolution executing this document on or before the 15th day of shall be null and void; that by executing this agreement, Glenn and Ruth Pellmann warrant and represent that they are sole owners of the lands in question, will execute any additional documents necessary to record this document and will submit to the City on execution of this document evidence satisfactory to the City that they are the sole owners of the property in question. BE IT FURTHER RESOLVED that Assessment No. 2 stated on Exhibit 2 (Amended Assessments in Accordance with Resolution 1/63-88) shall remain deferred in accordance with Resolution 1/61-88, except that in any event, pursuant to Resolution 11175-86 As Amended and 1/266- 86, this assessment is due five (5) years from the date of the Final Resolution making the levy which is Resolution 1/61-88 dated March 22, 1988. BE IT FURTHER RESOLVED that special assessments for water improvements levied by Resolution 61-88 and added to by this resolution upon all lands described on Exhibit 1 and 2, except that described in Exhibit 2 as Assessment No. 2 (Amended Assessments in Accordance with Resolution 1/63-88) shall become a due and 1. payable as follows: That upon sale of any of the 19 lots contemplated in the preliminary plat with revision date of January 22, 1988 and entitled "Squire Glenn Estates", $2,455.53, plus 8% interest from the date of this resolution, is due and payable, and if not paid shall be extended on the tax roll and collected as a delinquent real estate tax; Amended and 11266-86, all such assessments are due five however, in any event, pursuant to Resolution #175-86 As the levy which is Resolution 1/61-88 dated March 22, (5) years from the date of the final resolution making 1988. It shall be noted that the assessment due on each parcel is 125% of the total assessment, and once the total assessment of $37,323.91, plus interest, has been paid, there will be no assessment due on any of the 19 lots remaining unsold at that time. Resolution 1/63-88 Page Three 2. That upon sale of any of the 19 lots above, a lateral assessment (including the assessment for one 6" and two 8" water services) of $978.83, plus interest at 8% per annum, 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, the first half of the total lateral costs not paid by November 1, 1988 shall be extended on the tax roll and collected as if a delinquent real estate tax; and, the second half of the total lateral costs not paid by November 1, 1989 shall be extended on the tax roll and collected as if a delinquent real estate tax. 3. All provisions of Resolution 1/175-86 As Amended and 11266-86 and 1/61-88 shall apply to property described in Exhibits 1 and 2 and this agreement as to prorations, shall be null and void (and specifically that additional assessments agreed to shall remain against the property within 120 days of passage of this resolution all of the as stated herein and as stated on Exhibit 2) unless following events occur: a. Glenn and Ruth Pellmann, or their successors, obtain all necessary approvals of the final plat which includes the same divisions as set forth in the preliminary plat referred to above; and 4. That the deferred assessment policy established in Resolution 11175-86 As Amended and 11266-86 shall apply even if the conditions of this agreement are met in so far as they are not amended by this resolution, as shal provisions of Resolution 1/61-88 which are amended by this resolution. 5. Interest shall be charged at the rate of 8% per annum on date of this resolution until the entire assessment is the unpaid balance including accrued interest from the paid in full. BE IT FURTHER RESOLVED that the Glenn and Ruth Pellmann agree that Resolution 24-88 pertaining to the proration of the sewer clarified to indicate that the "agreementt1 that could become null assessment as to this property, Page 2, Paragraph 2 is hereby and specifically does not refer to the additional assessments and void pursuant to said paragraph is only as to the proration agreed to which would remain against the property as indicated therein on Exhibit 2. Resolution R63-88 Page Four DATED THIS aqd DAY OF 1988. I CITY OF MUSKEGO & Ak. SALENTINE, MAYOR ATTEST : w A. h/& CHARLOTTE L. STEWART, CI 3/88 jm ACCEPTED BY on this day of 9 1988. Owner Owner e ATTACHMENT TO RESOLUTION 1\63-88 EXHIBIT "2" CURRENT ASSESSMENTS - GLENN & RUTH PELLMANN BAY LANE WATER PROJECT - MW-6-88 No. 2 Tax Key No. 2200.998 - $14,255.31 (Deferred) Tax Key No. 2200.998 - 19,213.60 (Deferred) TK-6 Tax Key No. 2199.995 - 29,412.62 (Deferred) AMENDED ASSESSMENTS IN ACCORDANCE WITH RESOLUTION 1/63-88 No. 2 Tax Key No. 2200.998 - $ 6,959.93 (475.73 feet x $14.63) Pellmann Homestead: All that part of the SE 114 of Section 10, T5N, R20E, in the City of Muskego, Waukesha County, Wisconsin bounded and described as follows: Commencing at the Sguthwest corner of said SE 114 Section; thence N 1 17' 45" W along the West line of said 114 Section 13.47 feet to the place of beginning of thelands to be described; thence continuing N 1 17' 45" W along said West line 526.21 feet; thence N 88' 42' 15" E, 240.00 feet; thence S 78 09' 20" E, 113.68 feet; thence S 32' 09' 43'' E, 250.00 feet tg a Toint in the centerline of Woods Road; thence S 57 50 17" W along said centerline 558.00 feet to the place of beginning. No. 3 Tax Key No. 2200.998 - 1244.49' x $14.63 $18,206.89 10 Lat. x 765.29 7,652.90 6'' Service x 649.20 649.20 26, 08- No. 4 Tax Key No. 2199.995 - 1,306.70' x $14.63 $19,117.02 9 Lat. x 765.29 6,887.60 2-8" Serv.xl704.00 3 408.00 - File 2." CURRENT (CURRENT,BAM<> Function I (I=Inquiry,Ll=Update) 2 COH AT S1/4 POST, .TH U 19-63 County - 7 comm HSKc - - 1 PT sE1/4SU1/4 SEC 10 1% KdOE 3 C, TH N 7.83 C, TH N 73 112 E 4 4.88 C, TH N 76 112 E E.= Cs 5 TH N 18 U 1-69 C, TH F 7.33 C, Owner 6L-N PW 6 TH S 1Z-m C TO E6N. &SO Con Prop 7 AT E 1/16 POST OF Sui/'+, TH S 8 5-97 C, TH S. 78 1/2 U 7-40 C. 9 TH N 19 U 7.80 C, TH F 9.87 C Key 219999s 10 TO EGN EX ELEC RR 26.77 CIC. <Pal> Next Key <PM> Prw K9 <PF2> Name/Flddress <PF9> History <PF4> Valuf3 <PFlO> Search <PF6> RP/PP <?Fa> CAM <PF13> Next 20 Lines <PF14> Prev 20 Lines <CLR> Return to Henu sa3 nnE Real Property PF Key - - File ... CURRENT (CURRENT,BCINK> 1 Ul/2SE1/4 EX THE FOlLOUING Function I (I-Inquiry,U=Update) 2 Pcuxs 177/1w, 210/204 & County - 7 coram nmc 1988 Property Tax Legal Description 1Sr40r30 02/04/88 6 CIM OF HJfKEW Key 2200998 3 101/290 OF D€EDS SEC 10 T5N 5 €X M 1-7/37 DFUK 4 EO€ EX ML 4351288 60.371 CIC Prop 578 Ul6312 UOODS RD Owner SUNN PELUWW 6 ALSO 5-30 AC VOL 1217/SJ5 <PIX> Next Key <PF2> Narne/Clddress <PF9> History <PM> Prw Key <PF6> RP/PP <PF4> Values <PFlO> Search .13> Next 20 LIm <PFB> CAuA < 'E PRELIMINARY REPORT OF THE ENGINEER ON THE WATERMAIN IMPROVEMENTS IN THE CITY OF RUSKEGO 0 .:a In accordance with the Resolution of the City of Muskego, we herewith submit our report on the assessments for the watermain improvements made in the City of Muskego. All of the data shovn is based on project cost. This report consists of the following schedules: Schedule "A" - Summary of assessments and estimate of entire cost of the improvements. Schedule "8" - Estimate of assessment of each parcel of property affected. - Schedule "C" - Final Plans and Specifications The properties against which assessment are proposed are benefitted and the improvements constitutes an exercise of Police Powers. RUEKERT L MIELKE, INC. Consulting Engineers W239 Nl812 Rockwood Drive Waukesha, WI 53188-1113 February 9, 1988 Revised February 25, 1988 -1- TOTAL ESTIMATED PROJECT COSTS Cost of Project as Bid: Bay Lane Watermain Extension MW-6-88 203 Admin., Engr., 6 Contingencies Total Estimated Project Costs TOTAL ASSESSABLE PROJECT COSTS Frontage Assessment Costs Total Assessable Residential Frontage, MW-6-88 Residential Front Foot Assessment Rate, 1988- Residential Assessable Costs, $14:63 x 5,013.40 MW-6-88 Water Lateral Cost Computation 1" Water Service Total costs of 1' water services are shown below: 1" curb box and corp. stop, 27 each Q $65.00 each 1" tap and corporation stop, 27 each @ $90.00 each 1" water service, 931 L.F. @ $14.00/L.F. Subtotal 20% Admin., Engr., 6 Contingencies Total $126,109.00 25,221.80 $151,330.80 5.018.40 $14.63 $73,419.20 $ 2,430.00 1,755.00 13,034-.OO $17,219.00 3,443.80 $20,662.80 Total number of 1" water service connections - 27 1" Service Connection Cost Computation - 20,662.80/27 - $765.28889 Use $765.29 for each 1" water service 6" Water Service Total costs of 6" water services are shown below: 6" butterfly valve, 2 each @ $320.00/Each 6" watermain in spoil backfill, 26 L.F. Q $17.00/Ft. $ 442.00 640.00 $1,082.00 216.40 $1,298.40 -2- 6" Water Service Continued Total number of 6" water services - 2 6" water service cos,t computation $1298.40/2 - $649.20 Use $649.20 for each 6" water service 8" Water Service Total costs of 8" water services are shown below: 8" watermain in gravel backfill, 70 L.F. @ $28.00/Ft. $1,960.00 8" butterfly valve, 2 each @ $440.00/Each 880.00 subtotal $2,840.00 - 20% Admin., Engr., 6 Contingencies 568.00 Total $3,408.00 Total number of 8" water services - 2 8" Water Service Cost Computation $3,408.00/2 - $1.704.00 Use $1,704.00 for each 8" Water Service Total Project Assessable Costs Total frontage assessable costs S 73,419.20 Total 1" water service assessable costs 20,662.80 Total 6" water service assessab1e.costs 1,298.40 Total 8" water service assessable costs 3,408.00 Total assessable costs Total project costs Total non-assessable (Water Utility) costs $ 98,788.40 $151,330.80 $ 52,542.40 -3-. : L ! 4 .. , ."p ?r! -2 .n " .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. " rN n n 3 F i n . nw :2 -2 ". rn " ** :e E f " a i ?5 .n -2 II. rn " e n Y 2 January 20, 1988 ASSESSMENT DISTRICT TZ City of Yuskego, Waukesha County, Wisconsin hounded and All that part of Section 10, Town 5 North, Range 20 East, described as follows: All that property that abuts the right-of-way of the following of Woods Road and Bay Lane; thence Northerly along the center- described line; commencing at the intersection of centerlines line of Bay Lane to the point of intersection of said center- line and the South line of the Northeast one quarter line of Section 10 said point being the point of termination. Kenneth R. Ward 1 WPP NIW2 ROCKEUJD DRIVE VAUKE5HA. WISCONSIN UIHK1113 I 84141 542-SX3 !