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CCR1991128AMENDED RESOLUTION #128-91 CITY OF MUS-XEGO RESOLUTION TO AMEND THE FINAL RESOLUTION LEVYING SPECIAL ASSESSMENT 826-89 WHEREAS, per Resolution #26-89 the property described on Exhibit "1" attached hereto received a special assessment for sanitary sewer purposes, and WHEREAS, as part of said resolution the parties agreed that if the land were developed in phases the special assessment would be in some manner pro-rated and include a payment of 125% of that portion of the assessment as it relates to the portion of the land being developed, and !i?EP=AS, a Fcrtion of said land is cow being deveioped. NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Muskego, upon the recommendation of the Public Utilities Committee, for valuable consideration achowledged by the City and every owner of the affected property as follows: 1. That as a condition of the rezoning prescribed in Ord. 8713 the owners of said property shall pay 1/4 of the overall outstanding assessment at 125% to the City on or before 60 days after adoption of said ordinance for a total of $10,345.55, and 2. That upon said payment the property described on Exhibit "2" attached hereto and made a part hereof shall be relieved of any further assessment imposed by Resolution f26-89, and 3. If this Resolution is not accepted by all owners of the property referred to in Exhibit "1" within 60 days of the date of this Resolution, it will be null and void and of no affect. DATED THIS 14TH DAY OF MAY ATTEST: 5/91 ACCXPTED BY: n r z\ Resolution #128-91 Page 2 EXHIBIT "1" All that part of the Northeast 1/4 and the Northwest 1/4 and the Southwest 1/4 and the Southeast 1/4 of Section 17, Town 5 North, Range 20 East, in the City of Muskego, County of Waukesha, State of Wisconsin, described as follows: Comencing at the North 1/8th corner of the said Southeast 1/4 distant West 1351.72 feet from the East 1/4 corner of said Section 17; thence West along the East-West 1/4 line of said Section 17, 1105.82 feet; thence North 22' 37' West along an ancient fence line, 302.12 feet to a point on the Southerly line of the Wisconsin Electric Power Company right-of-way; thence South 71" 00' West along said Southerly line 134.10 feet to a point on the North-South 1/4 line of said Section 17; thence South Oo 43' West along said North-South 1/4 right-of-way; thence South 72' 50' West along said Southerly line, 457.02 line 14.95 feet to a point on the Southerly line of the aforementioned feet; thecce South 7O 40' East 518.18 feet; thence North 88O 40' West 586.98 feet to a point distant East 401.20 feet from the 118 line of the Southwest 1/4 of said Section 17; thence South O' 34' West and parallel to the 1/8 line of the said Southwest 1/4, 537.75 feet; thence North 89' 59' East and parallel to the South line of the said Southwest 1/4, 697.04 feet; thence South 1' 01' East 864.34 feet; thence North 89O 59' East and parallel to the South line of the said Southwest 1/4, 236.87 feet to a point on the aforementioned North-South 1/4 line distant North 0' 43' East 833.58 feet and parallel to the South line of the said Southeast 1/4 1351.72 feet to a from the South 1/4 corner of said Section 17; thence South 89O 49' 30" East point on the 1/8th line of the Southeast 1/4 of said Section 17, distant North Oo 43' East 833.58 feet from the South 1/8th corner of the said Southeast 1/4; thence North Oo 43' East along the East line of the said Southeast 1/4, 1820.55 feet to the point of commencement. EXCEPTING THEREFROM that part conveyed in Warranty Deed, dated January 3, 1984 and recorded January 12, 1984, Reel 587. Image 477, as Document No. 1243105. Tax Key NO. 2227.999.001 0 - EXHIBIT "2" All that part of the Southeast 1/4 of Section 17, T5N. R20E, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows, Commencing at the East 1/4 corner of said Section 17, thence S 88' 19' 54" W along the North line of said SE 1/4 Section, 1351.16 feet to the point of beginning of the lands to be described; thence continuing S 88O 19' 54" W, 479.77 feet, thence S 0" 58' 30" E, 908.00 feet, thence N 88O 19' 54" E, 479.77 feet, thence N 0' 58' 30" W. 908.00 feet to the point of beginning, said land containing 10.00 acres. I) \ RESOLUTION #128-91 \ CITY OF MUSKEG0 RESOLUTION TO AMEND THE FINAL LEVYING SPECIAL ASSESSMENT WHEREAS, per Resolut ibit "1" attached hereto received a spe WHEREAS, as part of S developed in phases the s assessment w be in some manner pro-rated and include a payment of f that portio the assessment as it relates to the portion of the land b WHEREAS, a portion 0 Common Council of the City of Muskego, upon the recommendat consideration acknowledged by the Ci every owner of the affected property as follows: 1. That as a condition of of said property shall 0 2. That upon said pa referred to Resolution, DATED THIS I I Ald. Daniel J. Hilt 2 Ald. William T. Simmoks Ald. David J. Sanders ACCEPTED BY: ATTEST: i) City Clerk 5/91 jm (date) Resolution #128-91 Page 2 EXHIBIT "1" All that part of the Northeast 1/4 and the Northwest 1/4 and the southwest 1/4 and the Southeast 1/4 of Section 17, Town 5 North, Range 20 East, in the City Commencing at the North 1/8th corner of the said Southeast 1/4 distant West of Muskego, County of Waukesha, State of Wisconsin, described as follows: East-West 1/4 line of said Section 17, 1105.82 feet; thence North 22' 37' 1351.72 feet from the East 1/4 corner of said Section 17; thence West along the West along an ancient fence line, 302.12 feet to a point on the Southerly line of the Wisconsin Electric Power Company right-of-way; thence South 71' 00' West along said Southerly line 134.10 feet to a point on the North-South 1/4 line of said Section 17; thence South Oo 43' West along said North-South 1/4 right-of-way; thence South 72' 50' West along said Southerly line, 457.02 line 14.95 feet to a point on the Southerly line of the aforementioned feet; thence South 7- 40' East 518.18 feet; thence North 88' 40' West 586.98 feet to a point distant East 401.20 feet from the 1/8 line of the the 11'8 line of the said Southwest 1/4, 537.75 feet; thence North 89O 59' Southwest 1/4 of said Section 17; thence South Oo 34' West and parallel to East and parallel to the South line of the said Southwest 1/4, 697.04 feet; thence South lo 01' East 864.34 feet; thence North 89O 59' East and parallel to the South line of the said Southwest 1/4, 236.87 feet to a point on the aforementioned North-South 1/4 line distant North Oo 43' East 833.58 feet from the South 1/4 corner of said Section 17; thence South 89O 49' 30" East and parallel to the South line of the said Southeast 1/4 1351.72 feet to a point on the 1/8th line of the Southeast 1/4 of said Section 17, distant North 0" 43' East 833.58 feet from the South 1/8th corner of the said Southeast 1820.55 feet to the point of commencement. EXCEPTING THEREFROM that part 1/4; thence North On 43' East along the East line of the said Southeast 1/4, conveyed in Warranty Deed, dated January 3, 1984 and recorded January 12, 1984, Reel 587, Image 477, as Document NO. 1243105. Tax Key NO. 2227.999.001 0 EXHIBIT "2" All that part of the Southeast 1/4 of Section 17, T5N, RZOE, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows, Commencing at the East 1/4 corner of said Section 17, thence S 88O 19' 54" W beginning of the lands to be described; thence continuing S 88O 19' 54" W. along the North line of said SE 1/4 Section, 1351.16 feet to the point of 479.77 feet, thence N 0' 58' 30" W. 308.00 feet to the point of beginning, 479.77 feet, thence S 0' 58' 30" E, 908.00 feet, thence N 88O 19' 54" E, said land containing 10.00 acres.