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CCR1993195COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #195-93 AND FINAL SPECIAL ASSESSMENT RESOLUTION AUTHORIZING WAIVER OF SPECIAL ASSESSMENT NOTICE AND HEARING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTIES INSTALLATION OF SEWER IMPROVEMENTS AND LEVYING (Ludwig/Strampe - Mystic and Woods Road) WHEREAS, David C. Ludwig and Judith M. Strampe are the owners of the property described as follows: Parcel 2 of Certified Survey Map, approved by Resolution #194-93 being a part of Tax Key No. 2202.998, being a part of the NW 1/4 of the SW 1/4 of Section 11, T 5 N, R20 E, in the City of Muskego, Waukesha County, Wisconsin. WHEREAS, said property is adjacent to the Woods Road, Mystic to Durham Sewer Project on Mystic Drive; and WHEREAS, said property can be served by sewer lines installed in Mystic Drive by means of a lateral to an existing manhole; and WHEREAS, it is likely that it will be some period of time before Mystic Drive, Muskego, Wisconsin, for which they would be a sewer line will be constructed in front of said property on assessed under present policy; and at this time and wishes to be assessed on the same basis as the WHEREAS, the property owner described above wants sewer service City's most recent sewer project as follows: Sanitary Sewer Assessment: 120 L.F. x $43.16 = $5,179.20 NOW, THEREFORE, for valuable consideration acknowledged by all parties, it is agreed as follows: 1. In consideration of the construction of the above described public improvement and allowing the undersigned to connect to the same, and the City agreeing not to assess 120' of the above described property for a sewer main if it is installed in Mystic Drive at a later date, we the undersigned, hereby admit that this improvement will benefit our above described property in the City of Muskego and consent to the levying of Wisconsin Statutes, for the estimated cost of such an special assessments against our premises under §66.60, improvement as shown above. waive all special assessment notices and hearings required by In accordance with §66.60(18), Wisconsin Statutes, we hereby 566.60 Wisconsin Statutes, and we further agree and admit that the benefit to our properties from the construction of this improvement as shown above. 0 2. That payment for the improvements be made by assessing the cost to the property benefited as indicated above. Resolution #195-93 Page 2 3. That assessments represent an exercise of the police power, have been determined on a reasonable basis and are hereby confirmed and have been agreed to by the parties receiving said assessments who have signed a waiver of notice and hearing as to said special assessments. 4. That the assessments due pursuant to this Resolution may be paid in cash in full on or before November 1, 1993 or in ten (10) annual installments of principal together with twelve installment payments to bear interest at the rate of 8% per (12) months interest per installment to the City Treasurer, annum on the unpaid balance commencing on November 1, 1993 and taxes are due and annually thereof. All assessments or said first installment being due on the date when real estate extended upon the tax roll as a delinquent tax against the installments which are not paid by the date specified shall be property and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes provided by statute. shall apply to such special assessment, except as otherwise 5. That if a sewer main is extended in the future along the frontage of this property, this property will not be assessed for the 120' of frontage already assessed. Any remaining along the frontage of this property. frontage may be assessed at the time a sewer main is installed 6. This resolution is null and void unless accepted by the owner on or before August 31, 1993. DATED THIS DAY OF , 1993. SPONSORED BY: Mayor David L. De Angelis This is to certify that this is a true and accurate copy of Resolution #195-93 which was adopted by the Common Council of the City of Muskego. City Clerk ACCEPTED BY ALL OWNERS OF PROPERTY DESCRIBED ABOVE: ( Owner ) (Date ( Owner ) (Date 8/93jmb