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CCR1993040COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #40-93 RESOLUTION AS TO SEWER AND WATER ASSESSMENTS OF WILKINSON PROPERTY MADE BY RESOLUTIONS #198-91 AND #199-91 WHEREAS, Louis A. Wilkinson and Patricia M. Wilkinson are owners of the following described real estate: Tax Key NO. 2229.999.001 A division of Parcel "A" of Certified Survey Map No. 1462, being a part of the NE 1/4 of the NE 1/4 of Section 18, T 5 N, R 20 E, in the City of Muskego, Waukesha County, Wisconsin bounded and described as follows: Commencing at the Northeast corner of said NE 1/4 Section; thence S 87O 17' 45" W along the North line of said NE 1/4 Section, 535.54 feet; thence S 1" 02' 15" E, 340.00 feet; thence s 87O 17' 45" W, 345.35 thence continuing S 87O 17' 45" W, 414.63 feet to a point on feet to the place of beginning of the lands to be described; the East line of Hillendale Road; thence S lo 02' 15" E along said East line 708.12 feet; thence N 88' 57' 45" E, 318.52 circle whose center is to the North, whose radius is 582.16 and feet; thence Northeasterly 246.46 feet along the arc of a whose chord bears N 76O 50' 04" E, 244.62 feet; thence Northwesterly 386.16 feet along the arc of a circle whose center is to the East, whose radius is 1448.93 feet and whose chord bears N 16O 28' 16" W, 385.00 feet; thence N 50' 10" W, 300.46 feet to the place of beginning WHEREAS, said real estate is subject to the lien of the following described special assessments assessed by Resolutions #198-91 and #199-91 as of the 15th day of February, 1993 plus interest: as of 2/15/93 Bal. Due Sewer Assessment (150' @ 38.96) $5,844.00 Less Previous Payments on Tax Roll (1,168.80) 4,675.20 Lateral Assessment (6 @ 909.36) 5,456.16 Less Payments on Tax Roll (1,091.22) 4,364.94 Deferred Frontage Assessment 558.12' @ 38.96 incl. 8% interest 23,993.51 Water Assessment (150' @ 16.78) 2,517.00 Less Previous Payments on Tax Roll (503.40) 2,013.60 Lateral Assessment (6 @ 874.49) 5,246.94 Less Payments on Tax Roll (1,049.39) 4,197.56 Deferred Frontage Assessment 558.12' @ 16.78 incl. 8% interest 10,333.95 Resolution #40-93 Page 2 WHEREAS, the above-named owners are in the process of dividing said lands which affects the deferred portion of the assessment as indicated on the attached map; and WHEREAS, the owners wish to pay a portion of the front foot sewer and water assessments and laterals as parcels are sold, in ten (10) year payment plan on the owners' tax bill, and the full, with 150' and laterals of unsold parcels remaining on the deferred assessment on the unsold portion remaining deferred; and WHEREAS, the Public Utilities Committee has recommended approval payment is due and payable in full for the front foot assessment of payment of the assessment as follows: Upon sale of one lot, of said lot plus balance due on one lateral; upon sale of second lot, same provision as first; upon sale of third lot, payment in full due on all remaining deferred assessments and balances due year payment plan of the owners. on laterals, with 150' and one lateral remaining on the ten (10) NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of 1. 2. 3. 4. 5. 6. 7. Muskego as follows: The owners shall give the City satisfactory evidence of Sole ownership of all the lands in question and the right to divide such assessments as proposed, and The lands shall be divided in accordance with the map attached and all appropriate documents making such division shall be filed and recorded, and Upon sale of one lot, the owners shall pay the front foot assessment on said lot and balance due on one lateral in after the sale, shall be extended on the tax roll as a full, and if not paid on or before the first November 1st delinquent tax against the property, and Upon sale of a second lot, the same provisions apply as to the first lot sold in accordance with 3. above, and Upon sale of third lot, the owners shall pay the entire remaining deferred assessments and balances due on laterals except as stated in No. 6. below, and if not paid on or before the first November 1st after the sale, shall be extended on the tax roll as a delinquent tax against the property, and The 150' front foot sewer and water assessments and one lateral will remain on the ten (10) year payment plan of the owners, and Louis A. Wilkinson and Patricia M. Wilkinson hereby waive all legal notices required to amend or change special assessments and agree to this special assessment without further action by the City, and Resolution #40-93 Page 3 8. 9. All of the owners of the property described in this Wilkinson and Patricia M. Wilkinson and if the Resolution is Resolution at the time of its acceptance shall be Louis A. not accepted on or before the 1st of May, 1993, it is null and void, and That the RCA (Reserve Capacity Assessment) and WCA (Water Capacity Assessment) remains on all of the property payable pursuant to prior resolutions and are unaffected by described in this Resolution and all shall be due and this resolution and all properties remain responsible for appropriate sewer and water usage fees. DATED THIS 23RD DAY OF FEBRUARY , 1993. SPONSORED BY: PUBLIC UTILITIES COMMITTEE Ald. David J. Sanders Ald. William H. Schneider Ald. Brian R. Misko ACCEPTED BY: owner Date Owner Date This is to certify that this is a true and accurate copy of Resolution #40-93 which was adopted by the Common Council of the City of Muskego. 0 2/93jmb