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CCR1989113COMMON COUNCIL - ClTY OF MUSKEG0 RESOLUTLON #113-89 RESOLUTION AS TO ASSESSMENT OF CARL GRATZEK PROPERTY (Valley/Ann Drive Water Project) (Assessment District "7-89) WHEREAS, the City of Muskego adopted Resolution 8175-86. as amended, establishing a Deferred Assessment Policy as to water, said policy being amended by Resolution f1266-86. and WHEREAS, the City of Muskego wishes to negotiate, pursuant to said policy, a payment of less than the entire assessment upon portion of said property, and improvement, which was levied by Resolution 869-89 of only a WHEREAS, Roth Realty Inc. is the sole owner and mortgage holder of said property and wishes to negotiate concerning said assessment which affects the property legally described as follows: 2 Tax Key No. 2195.952, dssmt. No.8 Pt :d04~%~E%!48~Ft the Beg No4 26' E 517.32 Ft N22 14' W 143 I ec 9 T5N K20E Com SE Cor X89 22' W1054.95 Ft Ft X68 04' E 169.28 Ft S35 23' E205.64 Ft N68 04' E 232.11 Ft . S30 02' E 50.51 Ft S68 04' W163.38 Ft. S30 02'E 153.78 Ft 04 37' W348 Ft S89 22' E 173 Ft So 37' W50 Ft N89 22' W 572.52 Ft to agn 5.50 AC R7221448 QCD 12/85 / 'VHEREAS, the Public Utilities Committee has recommended approval of a proration of the water assessments as follows: The assessable road frontage, plus any water lnain extension costs, will be prorated against the lots abutting the improvements. thus 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 the five years, if not paid prior to that time. NOW. THEREFORE, BE IT RESOLVED for valuable consideration acknowledged by both parties as follows: 1. That upon sale of any of the 6 lots abutting the improvement of Ann Drive, a front foot assessment of $1,770.23, plus interest at 8% per annum on the unpaid balance 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; however,in any event, all such front foot assessments are due five (5) years from the date of the final March 28, 1989. :t shall be noted that the assessment due on making the levy which is Resolution #69-89 dated Resolution 1ll 13-89 e Page 2 each parcel is 125% of the total front foot assessment, and once the total assessment of $8,497.11, plus interest, has been paid, there will be no front foot assessment due on any of the 6 lots remaining unsold at that time. 2. That upon sale of any of the 6 lots above, a lateral assessment of $1,322.40 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 November 1, 1989 shall be extended on the tax roll and event, the first half of the total lateral costs not paid by half of the total lateral costs not paid by November 1, 1990 collected as if a delinquent real estate tax; and, the second shall be extended on the tax roll and collected as if a delinquent real estate tax. 3. All provisions of Resolutions fll75-86, as amended, 11266-86 and #69-89 shall apply to the property described above and this agreement shall be null and void unless by August 1, 1989 all of the following events have occurred: A. Roth Realty Inc, as the owner of the land in question, execute this resolution as their agreement, and B. Roth Realty Inc. execute any additional agreement necessary to record this document, and C. Koth Realty Inc. gives the City evidence satisfactory to the City that they are sole owners of all the property in question at the time of acceptance of this resolution and have the right to enter this agreement, and D. Roth Realty Inc. hereby waives all legal notices required special assessment without further action by the City. to amend or change special assessments and agree to this E. Roth Realty Inc. or their successors, obtain all necessary approvals of the certified survey map which includes the six divisions as set forth above, and 4. That the deferred assessment policy established in Resolution 11175-86, as amended, and fl266-86 shall apply even if the conditions of this agreement are met insofar as they are not amended by this resolution, as shall provisions of Resolution A69-89 which are not amended by this resolution. Resolution 81 13-89 Page 3 DATED THIS 25th DAY OF April , 1989. CITY OF MUSKEG0 WAYNE G. SALENTINE. MAYOR ATTEST : rn 4/89 52 ACEEPTED BY on this day of , 1989. ROTH REALTY, INC. Carl Gratzek, owner _.