CCR19891387"
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COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION $138-89
AGAINST BENEFITED PROPERTY AND WAIVER OF SPECIAL
FINAL RESOLUTION LEVYING SPECIAL ASSESSHENTS
ASSESSMENT NOTICES AND HEARINGS UNDER $66.60(18)
(Uater/Valley Drive/Phelps, Cherti & Trzybyla)
'dHEREAS, the undersigned are a11 oE the owners oE property
described below, and,
XSKC 2195.944 (Phelps) 'PT SW 114 S'E7: 9 T5N R20E Parcel 1 of CSH 5407 V43/277 1/8/88
MSKC 2195.946 (Cherti)
S'd 114 SEC 9 T5H R20E COM S1/4 COR W 213.18 ET N9 37' E
370.69 FT W310.12 FT N4 0' E 348 FT THE BGN N4 0' E~22.74 FT
N30 40' W 106.25 ET S67 27' W-163.38-FT S30 40"E 59I78-FT-E
173 ET TO BGN 0.353AC R310/69
MSKC 2195.947 (Przybyla)
SW114 SEC 9 T5N R20E Con 5114 COR W 213.18 ET N9 37'E
370.69.FT W 260 ET N4 E382.85 kT N30 40'W 72.80 ET THE BGN
N30 40'W 85 ET N67 27'E 261.90 ET S3 08'E 89.22 ET S67 27'W
220.24 ET TO BGN 0.515 AC R178/481
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benefited by the water main installation to be installed in the
WEREAS, tne undersig3ed acceptors of this resolution are
near future in Valley Drive as part of 2roject Wd-7-89, and
WHEREAS, the property owners listed below have requested water
service at this time.
NOW, TdEREFORE, for valuable consideration acknowledged by all
parties and resolved and agreed as follows:
1. That by executing the acceptance of this Xesolution as
stated below, the owners of said property also hereby waive
special assessment notices and hearings under $66.60(18) and
property for the benefit of the water improvement referred to
consent to the levying of special assessments against their
above.
2. That a special assessment is hereby levied against the
property benefited as indicated below:
HSKC 2195.944 (Phel s)
100.64 front ft. @ $15.29 = $1 538.79
lateral cost = $477.43
MSKC 2195.946 (Cherti)
128.99 front ft. 9 $15.29 = $1 972.26
lateral cost = 3477.43
LJUL6.L
,449.6
., Resolution 11138-89
Page 2
MSKC 2195.947 (Przybyla)
85.0 front ft. @ $15.29 = $1,299.65
lateral cost = $477.43
$1,7/f.08
3. That Resolution 11175-86, as amended, and Resolution 11266-86
established an assessment policy for construction of water
mains for the City of Muskego, which is hereby made a part of
this resolution. Pursuant to Section 5.5 of said policy,
deferred assessments and installment payments shall be as
follows:
A. The properties which are subject to this assessment shall
be eligible for a deferred assessment on the following terms
and conditions:
(1) Payment of the entire cost of the lateral on or before
the first November 1st after the final assessment
8% per annum on the unpaid balance commencing on the first
resolution or in two annual installments with interest at
November 1st after the final assessment resolution and
said first installment being due on the first date when
real estate taxes are due and annually thereafter except
those properties under Subsection (3)(c) of this
resolution dealing with deferrals, which shall pay the
entire assessment as stated in (3)(c).
(2) The assessment (other than lateral charge or the entire
assessment for [3][c] property) shall be deferred until
the occurrence of the first of the following events:
(a) Election by an owner of the property affected to
writing on or before the first November 1st after water
commence payment of the assessment which must be made in
is available or is deemed waived.
(b) Sale of any interest in the property.
(c) Upon issuance of a building permit for major expansion
of commercial or industrial property which is an
expansion costing a total of $25,000.00 or more.
(d) As to unimproved property, upon issuance of a building
permit as to that portion of the property being
improved.
(e) On connection of the property to the water system on
or before the first November 1st after water is
available to the property.
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' Resolution #138-89
Page 3
(f) On connection of the property to the water system
after the first November 1st after water is available to
the property, but only if connection is voluntarily
made, made for a reason now requiring connection under
the present City ordinance or connection made because of
a future governmental requirement other than a
requirement imposed solely at the discretion of the City
of Muskego.
(3) Upon the occurrance of the first of the above events
referred to in Subsection (2) above, the assessments shall
be paid as follows:
(a) As to occurrence (d), prior to issuance of building
permit.
(b) As to occurrence (b), upon sale.
(c) As to occurrence (a) or (e), on the first November 1st
with interest at 8% per annum on the unpaid balance
after said occurrence or in ten (10) annual installments
commencing on the first November 1st after the final
assessment resolution and said first installment being
annually thereafter.
due on the first date when real estate taxes are due and
(d) As to occurrence (c) or (f), on the first November 1st
with interest at 8% per annum on the unpaid balance
after the occurrence or in ten (10) annual installments
commencing on the first November 1st after connection
when real estate taxes are due and annually thereafter.
and said first installment being due on the first date
(4) That there shall be interest charged on all deferred
balance from the first November 1st after the final
assessments at the rate of 8% per annum on the unpaid
assessment resolution. This shall be the initial rate for
the first five (5) years and shall continue to be the
interest rate until paid except that the City shall review
the interest rate after five years and may make
adjustments in said rate at any time after the initial
five years.
(5) In any event, all assessments or installments which are
upon the tax roll as a delinquent tax against the property
not paid by the date specified above shall be extended
and all proceeds in relation to the connection, return and
sale of property for delinquent real estate taxes shall
apply to such special assessment, except as otherwise
provided by statute.
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.. Resolution #138-89
,_ Page 4
7. If this Resolution is not accepted by the property owners
stated below within thirty (30) days of passage, it is
null and void.
DATED THIS 23rd DAY OF May ,1989.
CITY OF MUSKEG0
WAYNE G. SALENTINE, Mayor
ATTEST :
JEAN K. MARENDA, City Clerk
ACCEPTED BY:
GORDON CUE
MSKC 2195.946
RTI, Owner
MSKC 2195.946
MARY CHERTI, Owner
RICHARD PRZYBYLA, Owner
MSKC 2195.947
BYLA , Owner
MSKC 2195.947