CCR1991313CORRECTED
COVNON COUNCIL - CITY OF MUSKEGO
RESOLUTION #313-91
FINAL AMENDED RESOLUTION LEVYING SPECIAL ASSESSMENTS
AGAINST BENEFITTED PROPERTY AND WAIVER OF
SPECIAL ASSESSMENT NOTICES AND HEARING UNDER $66.60(18)
Terra Development
WHEREAS, the undersigned are all of the owners of property described
below:
See Legal Description Attached Hereto and Marked Exhibit "1"; and
WHEREAS, the undersigned acceptors of this Resolution are benefitted
by the planning including, but not limited to, engineering, legal,
administrative costs and costs of review by the City Engineer of a
sewer installation and by the sewer installation installed in a
sanitary sewer easement to be provided by the undersigned to the City,
at no cost to the City, at a time, and in a form, on terms and
conditions acceptable to the City over a portion of the above legally
described property acceptable to the City; and
WHEREAS, the above property was previously assessed for these
were actually substantially less than anticipated for said
improvements by Resolution #lo-91 and the cost of said improvements
improvements; and
WHEREAS, said assesment should now be reduced and adjusted to reflect
more accurately the actual cost of said improvements.
NOW, THEREFORE, for valuable consideration acknowledged by all parties
and resolved and agreed that said assessment is amended as follows:
1. That by executing the acceptance of this Resolution as stated
below, the owners of said property also hereby waive special
assessment notices and hearings under §66.60(18) and consent to
the levying of special assessments against their property for the
benefit to their property because of the planning of the sewer
improvements referred to above including, but not limited to, the
administrative, legal and engineering costs and costs of review by
the City Engineer and of costs of the sewer improvement referred
to above.
2. That a special assessmefit that was levied against the property
stated above is amended to the amount of $35,300.00 which includes
of review of all aspects of the engineering of the project by the
estimated legal, engineering and administrative costs and the cost
City Engineers and construction costs; a special assessment is
costs of the project over and above said amount; if all of said
further being levied for any additional costs for all of the above
costs of the project are less than the total stated above, the
special assessment will be amended to reflect the lower cost.
3. That the assessment shall bear interest at the rate of 8% per
annum on the unpaid balance commencing on the date of this final
Resolution until paid in full. If no use of the improvement
Resolution 313-91 Page 2
referred to in this Resolution is made prior to November 1, 1993,
then this assessment shall be deferred until November 1, 1993.
4. After the deferral referred to above, the assessment may be paid
in cash in full including all interest on or before November 1,
when real estate taxes are due after November 1. 1993 and annually
1993 or in ten annual installments being due on the first date
1 then
include
thereafter. On November 1, 1993, all accrued interest shal
become part of principal and each annual installment shall
one year's interest to be paid in advance. All assessments
installments which are not paid by the date specified shall
property and all proceedings in relation to the collection,
extended upon the tax roll as a delinquent tax against the
and sale of property for delinquent real estate taxes shall
to such special assessment, except as otherwise provided by
statute.
or
be
return
apply
5. In addition to all payments and conditions of payment referred to
in Paragraphs 3 and 4 above, if a sale of any of the 32 lots
assessment is made during the period of deferral, the sum of
contemplated in the platting of the lands subject to this special
$1,378.90 per lot is then and there due and payable on said
special assessment and if not paid, shall be extended on the tax
roll and collected as a delinquent real estate tax. The
above-noted figure shall represent 125% of the total special
assessments against the property as indicated in Paragraph 2 above
divided by the number of lots contemplated, and in the event that
the total special assessment indicated in Paragraph 2 above is
then the proportionate lot payment in this Paragraph shall be
increased due to additional costs as provided in this Agreement,
Paragraph shall at all times equal a figure which represents 125%
likewise increased so that tne per lot payment provided in this
of the lot's proportionate share of the total special assessment.
In addition to all payments and conditions of payment referred to
contemplated in the platting of the lands subject to this special
in Paragraphs 3 and 4 above, if a sale of any of the 32 lots
assessment is made during the period in which installment payments
are due, the sum of $l,iQ3.13 per lot is then and there due and
payable on said special assessment and if not paid, shall be
extended on the tax roll and collected as a delinquent real estate
tax. The above-noted figure shall represent 100% of the total
special assessments against the property as indicated in Paragraph
event that the total special assessment indicated in Paragraph 2
2 above divided by the number of lots contemplated, and in the
Agreement, then the proportionate lot payment in this Paragraph
above is increased due to additional costs as provided in this
shall be likewise increased so that the per lot payment provided
in this Paragraph shall at all times equal a figure which
represents 100% of the lot's proportionate share of the total
special assessment.
The payments made under Paragrapll 5 of this Agreement shall be
applied towards reducing principal during the deferral period and
applied during the period of installments towards principal for
Resolution 313-91 Page 3
0
6.
7.
the next annual installment under Paragraph 4 above. Any excess
paid towards princi2al during the installment period shall reduce
the entire remzining principal, but the annual principal
installment shall remain the same.
For purposes of this Agreement, any use of an improvement shall
constitute a sale of the lot and will necessitate-a proportionate
payment pursuant to this Parsgraph.
The undersigned shall provide to the City prior to acceptance by
the owners of preliminary title commitment satisfactory to the
City indicating that the undersigned are all of the owners of the
property being assessed at the time of this assessment.
If this Resolution is not acceptad by all the property owners
within 10 days of passage, it is null and void and Resolution
#lo-91 continues in full force and effect.
ATTEST:
1991.
CITY OF MUSKEG0 .
CCEPTED BY:
This is to certify that this is a trle 2nd accurate copy of Resolution
P313-91 which was adopted by the C?mmon Council of the City of Muskego.
11/9 lcac
&I;. h
%ut3 City Clerk
.. .. .
EXHIBIT "1"
e LEGAL OF BENEFITTING WYDS - PHASE III:
Being a part of Outlot 4 of "Lake Forest" being a subdivision of mord of that part of the
Southwest U4 and the Southeast U4 of the Southwest U4 of Section S, the Southwest U4
and Southeast U4 of the Southeast UJ of Section S and the Northwest U4 and Northeast
U4 of the Northeast 114 of Section 17, Town 5 North, Range 20 East, in the City of
Muskego, Waukesha Counp, Wisconsin, including thereto Outlot 1 of Certified Snmq
Map No. 2540, beiig more particularly bounded and described as follows:
Commencing at the Southwest corner of Outlot 4 of said Take Forest" said point Wig
the place of beginning of lands hereinafter described:
Running thence North 01' 26' 35" West along the West line of said Outlot 4, 764.53 feet
to a point; Thence North 84' 38' 07" Eass 177.63 feet to a point in a cune; Thence
Southeasterly, 15.44 feet along the arc of said cune, whose center lies to the Xortheast,
whose radius is 345.00 feet, whose chord bears South 11' 20' 55.5" East, 15.4 feet to a
point of reverse curvatur, Thence Southeasterly, 104.61 feet along the arc of said cuurve,
whose center lies to the Southwest, whose radius is 2470.00 feet, whose chord bears Sonth
11" 25' 03" East, 104.60 feet to a point; Thence North SO" 34' 54" East, 60.01 feet to a
point in a curve; Thence Southasterly, 39.11 feet along the arc of said cnrfe, whose center
lies to the Southwest, whose radius is 2530.00 feet and whose chord bears South 09' 44'
34" &st, 39.11 feet to a point; Thence North SO' 42' 00" East, 143.00 feet to a point
Thence South OS' 07' 00" East, 110.49 feet to a point; Thence South 05" 45' 00" East,
110.49 feet to a pins Thence South 09' 02' 21" East, St.68 feet to a poinq Thence North
SS' 36' 43" East, 325.25 feet to P point; Thence Nonh S1' 30' 00" East, 1S.05 feet to a
point: Thence North 59' 00' 00" East, 71.07 feet to 3 point: Thence Yonh Do 05' 00" East,
70.76 feet to 3 point: Thence Xorth 07' -13' 15' West, 9530 feet to a point; Thence North
06" 15' 00" Wesb E024 feet to a point; Thence 3onh 03" 04' 00" West, 27.96 feet to a
point; Thence Xorth 02' 31' 05" West, 114.46 feet to a point; Thence Nonh OS' 41' 52"
East, 111.11 feet to a point: Thence Xorth U' 05' 00" East, 3.40 feet to a point; Thence
South 82' 40' 00" East, U7.12. feet to a point; Thence North 57' 56 57" Est, 79.06 feet
to a point; Thence South SO' 08' 00" &st? 140.00 feet to a point; Thence South 06" 54'
36" West, 95.61 feet to a point; Thence South 03' 37' 17" West, 60.04 feet to a point;
Thence South 01' 34' 00" West, 10S.91 feet to a point; Thence South 07' 18' 11" East,
105.02 feet to a point: Thence South 17' 32' 55" East, 57.25 feet to a point; Thence South
26' 01' 00" East, 90.53 feet to a point; Thence Xorth &to 30' 00' West, 55.45 feet to a
point; Thence South 17" 26' 2s" West, 177.60 feet to a point; Thence South 50' OB 29"
West, 84.01 feet to a point: Thence South IS" 09' 11" West, 114.79 feet to a point; Thence
South 58' 35' 03" West, 966.60 feet to the point of beginning.
,s:. . P
.-
'0
I 4
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #313-91
FINAL AMENDED RESOLUTION LEVYING SPECIAL ASSESSMENTS
SPECIAL ASSESSMENT NOTICES AND HEARING UNDER §66.60(18)
AGAINST BENEFITTED PROPERTY AND WAIVER OF
Terra Development
WHEREAS, the undersigned are all of the owners of property
describk:
See Lega Description Attached Hereto and Marked Exhibit "1"
and \\
WHEREAS, the un ptors of this Resolution are
benefitted by t cluding, but not limited to,
engineering, le ative costs and costs of review by
the City Engineer o sewer installation and by the sewer
installation instal in a sanitary sewer easement to be
provided by the o the City, at no cost to the City,
at a time, and in a f terms and conditions acceptable to
the City over a portion e above legally described property
acceptable to the City.
1.
2.
3.
NOW, THEREFORE, for acknowledged by all
parties and resolved
That by executing the acc
stated below, the owners
special assessment notice
and consent to the levying o
their property for the benef
a1 assessments against
the planning of the sewer
including, but not limited to,
engineering costs and costs of
and of costs of the sewer ferred to above.
That a special assessmen
property stated above in
includes estimated legal, engineering administrative
costs and the cost of re
engineering of the projec
construction costs; a special assessment
levied for any additional
of the project over and a
costs of the project are less than the tota ated above,
the special assessment will be amended to r ct the lower
cost.
That the assessment shal
per annum on the unpaid
this final Resolution until paid in full. If no
improvement referred to
November 1, 1993, then this assessment shall be de
until November 1, 1993.
Resolution 313-91 Page 2
\
4. Aft\
paid
Noven
the
1, 15
accrl
each
be pt
are I
the 1
all 1
sale
aPP11 provj
: the deferral referred to above, the assessment may be
or in ten annual installments being due on
full including all interest on or before
are due after November
November 1, 1993, all
then become part of principal and
shall include one year’s interest to
or installments which
be extended upon
tax against the property and
to the collection, return and
except as otherwise
estate taxes shall
5. In addition to all payments and conditions of payment /
referred to in Parag2aphs 3 and 4 above, if a sale of any of
the 32 lots conternplat\ the lands
subject to this during the period
of deferral, the per lot is then and there
due and payable and if not paid,
payment provided in this all times equal a figure which represents 125% of proportionate
In addition to all payments and of payment
referred to in Paragraphs a sale of any of
the 32 lots contemplated
subject to this special
in which installment
per lot is then and
share of the total special assessmen
roll and
assessments against the property as
Paragraph 2 above is
provided in this
payment in this
that the per lot
all times equal
proportionate
The payments made under Paragraph 5 of this Agreement shall
be applied towards reducing principal during the deferral
Resolution 313-91 Page 3
and applied during the period of installments towards
cipal for the next annual installment under Paragraph 4
Any excess paid towards principal during the
princibql, but the annual principal installment shall remain
the same.
For purpose? of this Agreement, any use of an improvement
proportionat
shall constl\tute a sale of the lot and will necessitate a
yment pursuant to this Paragraph.
lment period shall reduce the entire remaining
\
6. The undersig hall provide to the City prior to
acceptance b owners of preliminary title commitment
satisfactory f City indicating that the undersigned are
all of the owners o e property being assessed at the time
of this assessment.
7. If this Resolution t accepted by the property owners
stated below within ays of passage, it is null and void. \
DATED THIS DAY OF \ , 1991. .
ATTEST:
Jean K. Marenda, City Clerk
\ CITY OF MUSKEG0
Wayne G. Salentine, Mayor / \
ACCEPTED BY:
/
Owner \ a
‘9
Owner
This is to certify that this is a true and accurate
Resolution #313-91 which was adopted by the Common
the City of Muskego.
11/9lcac
,
City Clerk
\