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CCR1992204AMENDED CITY OF MUSKEGO RESOLUTION #204-92 RESOLUTION TO AMEND THE FINAL RESOLUTION LEVYING SPECIAL ASSESSMENT #26-89 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 WHEREAS, a portion of said land is now being developed. NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, for valuable consideration acknowledged by the City and every owner of the affected property as follows: 1. That as a condition of the rezoning prescribed in Ordinance #765, the owners of said property shall pay or before 90 days after adoption of said ordinance for a 1/4 of the original assessment at 125% to the City on 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 #26-89; and 3. If this Resolution is not accepted by all owners of the property referred to in Exhibit "1" within 90 days of the date of this Resolution, it will be null and void and of no affect. BE IT FURTHER RESOLVED that the approval of this Resolution is conditioned upon approval of Ordinance #765 and compliance of the conditions stated in said Ordinance. DATED THIS 11th DAY OF Auqust I 1992. SPONSORED BY: FINANCE COMMITTEE Ald. Patrick A. Patterson Ald. Edwin P. Dumke Ald. David D. Sanders Resolution #204-92 ’ Date Page 2 ACCEPTED BY: This is to certify that this is a true and accurate copy of Resolution #204-92 which was adopted by the Common Council of the City of Muskego on August 11, 1992. A 0/92cac Resolution #204-92 Page 3 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: Commencing 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 line 14.95 feet to a point on the Southerly line of the aforementioned right-of-way; thence South 72O 50' West along said Southerly line, 457.02 feet; thence South 7' 40' East 518.18 feet; thence North 88O 40' West 586.98 feet to a point distant East 401.20 feet from the 1/8 line of the Southwest 1/4 of said Section 17; thence South On 34' West and parallel to the 1/8 line of the said Southwest 1/4. 537.75 feet; thence North 89O 59' 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 0' 43' East 833.58 feet from the South 1/4 corner of said Section 17; thence South 89" 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 1/4; thence North 0' 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 EXHIBIT "2" A part of the NW 1/4 and SW 1/4 of the SE 1/4 of Section 17, T5N. R20E. in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the NE corner of said SE 1/4 Section; thence S 88' 19' 54" W along the North line of said SE 1/4 Section, 1351.16 feet; thence S 0 O described; thence continuing S Oo 58' 30" E, 772.00 feet to a point in the 58' 30" E, 872.00 feet to the place of beginning of the lands to be centerline of a drainage ditch; thence N 77O 24' 18" W along said centerline 273.67 feet; thence N 82O 39' 22" W along said centerline 239.03 feet; thence N 0" 58' 30" W, 667.12 feet; thence N 88O 19' 54" E, 502.58 feet to the place of beginning. a RESOLUTION TO AMEND THE FINAL RESOLUTI LEVYING SPECIAL ASSESSMENT #26-8 WHEREAS, per Resolution #26-89 the property d "1" attached hereto received a special assess for sanitary sewer purposes; and WHEREAS, as part of said resolution, the ies agreed that if the land we payment of 125% of WHEREAS, a portion of said land is being developed. NOW, THEREFORE, BE IT RESOLVED, t the Common Council of the Committee, 1. That as a condition ent, the property described on 3. If this Re tion is not accepted by all owners of the red to in Exhibit "1" within 60 days of is Resolution, it will be null and void DATED THIS , 1992. SPONSORED BY: FINANCE COMMITTEE Ald. Patrick A. Patterson Ald. Edwin P. Dumke Ald. David D. Sanders Resolution #204-92 ACCEPTED BY: Page 2 Date This is to certify that this is a true and accurate copy of Resolution #204-92 which was adopted by the Common Council of the City of Muskego. 8/92cac City Clerk Resolution #204-92 Page 3 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: Commencing at the North 1/8th corner of the said Southeaet 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 22O 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 0' 43' West along said North-South 1/4 line 14.95 feet to a point on the Southerly line of the aforementioned right-of-way; thence South 72O 50' West along said Southerly line, 457.02 feet; thence South 7O 40' East 518.18 feet; thence North 88O 40' West 586.98 feet to a point distant East thence South Oo 34' West and parallel to the l/8 line of the said 401.20 feet from the 1/8 line of the Southwest 1/4 of said Section 17; 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 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 to the South line of the said Southeast 1/4 1351.72 feet to a point on the 1/4 corner of said Section 17; thence South 89O 49' 30" East and parallel 1/8th line of the Southeast 1/4 of said Section 17, distant North On 43' East 833.58 feet from the south 1/8th corner of the said southeast 1/4; thence North 0' 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 EXHIBIT "2" A part of the NW 1/4 and SW 1/4 of the SE 1/4 of Section 17, T5N, WOE, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as f 01 lows : Commencing at the NE corner of said SE 1/4 Section; thence S 88' 19' 54" W along the North line of said SE 1/4 Section, 1351.16 feet; thence S 0 O described; thence continuing S Oo 58' 30" E, 772.00 feet to a point in the 58' 30" E, 872.00 feet to the place of beginning of the lands to be centerline of a drainage ditch; thence N 17O 24' 18" W along said centerline 273.67 feet; thence N 82' 39' 22'' W along said centerline 239.03 feet; thence N Oo 58' 30" W, 667.12 feet; thence N 88O 19' 54" E, 502.58 feet to the place of beginning.