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CCR1994090COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #90-94 RESOLUTION AS TO SEWER AND WATER ASSESSMENTS MADE BY RESOLUTIONS #52-91 and #53-91 and OF WASTE MANAGEMENT PROPERTY AMENDED BY RESOLUTIONS #198-91 AND #199-91 WHEREAS, Waste Management of WI, Inc. is the owner of the following described real estate: Tax Key No. 2229.997 PT NW 1/4 NE 1/4 SEC 18 T5N R20E VOL 781 OF DEEDS, PAGE 586 18.0182 AC R937/168 WD 9/87 WHEREAS, said real estate is subject to the lien of the Resolutions #52-91 and #53-91 as of the 26th day of March, 1991 following described special assessments assessed by Final and Amended Final Resolutions #198-91 and #199-91 as of the 13th day of August, 1991, plus interest: as of 4/21/94 Bal. Due SEWER Assessment (150' @ 38.96) Less Previous Payments on Tax Roll - Deferred Frontage Assessment 327' @ 38.96, incl. 8% interest WATER Assessment (150' @ 16.78) Less Previous Payments on Tax Roll - Deferred Frontage Assessment 327' @ 16.78, incl. 8% interest (1,753.20) 5,844.00 ( 755.10) 2,517.00 4,090.80 15,258.25 1,761.90 6,571.69 e above WHEREAS, the City is in the process of acquiring a portion of th described property from the owner as shown on the attached map, and WHEREAS, the City wishes to accept responsibility for payment of a portion of the front foot Sewer and Water Assessments attributable to that portion of the property being purchased by year payment plan on the owner's tax bill, and the remaining the City, with the 150' assessment remaining on the ten (10) deferred assessments on the unsold portion remaining deferred, and WHEREAS, the Public Utilities Committee has recommended approval of payment of the assessment as follows: Upon sale of frontage Deferred Water Assessment, plus interest, and $11,620.07 of the of 249.03 L.F. to the City, the payment of $5,004.73 of the responsibility of the City and attributable to that portion of Deferred Sewer Assessment, plus interest, shall be the Resolution #90-94 Page 2 the property being sold to the City; the owner shall remain responsible for payment of the 150' of the remaining unsold parcel on the ten (10) year payment plan and the deferred assessment remaining on the unsold portion shall remain deferred. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Muskego as follows: 1. 2. 3. 4. 5. 6. The owner 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 frontage of 249.03 to the City, the City shall Assessment and $11,620.07 of the Deferred Sewer Assessment, be responsible for payment of $5,004.73 of the Deferred Water attributable to that portion of the property being sold to the City; the owner shall remain responsible for payment of payment plan and the deferred assessment remaining on the the 150' of the remaining unsold parcel on the ten (10) year unsold portion shall remain deferred. Waste Management of WI, Inc. hereby waives all legal notices required to amend or change special assessments and agree to this special assessment without further action by the City, and The owners of the property described in this Resolution at the time of its acceptance shall be Waste Management of WI, Inc. and if the Resolution is not accepted on or before the the closing date of the City's purchase of the aforementioned property from Waste Management of WI, Inc., it is null and void, and That the RCA (Reserve Capacity Assessment) and WCA (Water Capacity Assessment) remains on all of the property described in this Resolution and all shall be due and payable pursuant to prior resolutions and are unaffected by this resolution and all properties remain responsible for appropriate sewer and water usage fees. BE IT FURTHER RESOLVED this Resolution shall be in full force and effect only upon compliance with the conditions outlined above, and the closing of the transaction referred to in Resolution #91-94. BE IT FURTHER RESOLVED in any event this Resolution is null and place on or before October 1, 1994. void and of no affect unless the closing referred to herein takes Resolution #90-94 DATED THIS 26TH D IAY OF Page 3 .IL , 1994 SPONSORED BY: PUBLIC UTILITIES COMMITTEE Ald. David J. Sanders Ald. Donna Woodard ACCEPTED BY: WASTE MANAGEMENT OF WI, INC. Officer Date Officer Date This is to certify that this is a true and accurate copy of Resolution #90-94 which was adopted by the Common Council of the City of Muskego. 6/93jm L CERTIFIED SURVEY MAP NO - ALL TFlAT PART OF TIIE NW 1/4 OF TIIE NE 1/4 OF SECTION 18, TOWN 5 NORTII. RANGE 20 EAST, CITY OF MUSKEGO. WAUKESHA COUNTY. WSCONSIN OYMER: lownnnBLE mnoN LINE - Norm UNE OF UIE WASTE MANACEMEN7 OF MSCON5lN INC. W24 N8925 BOUNOARY RO. MWOMOHEE FAUS. M. 53051 NE 1/1 SEC. 10. 75H. R2OE.. ASSUME0 BEARINC S8717'45'W (MSC SlAE PLANE COOROlNAlE SYSiW, CnlD NOnlll. SOUlll ZONE) PREPME0 BY: 0 - MOICAIES IRON PIPE I- x 24'. 1.13 LBS./LIN.F7. SE RUEKERl B MIELKE. WC. W39 N1812 ROCUWW DR. WAUKESHA. IW. 53188 R - RECORDED AS N S I 111 2 GRAPH!C SCALE I' - 100' LOCATION MAP NE 1/4SECIlON 18. ISH. RZOE r= Honnl llNE OF ltlE NE I/* N'1/4 CO; SEC. 16-5-20 4 CONC MONU. W/8RASS CAP N 333.782.43 E 2.487.822.04 mL 18-5-21 &"I' z5! W/BRAS :zz CONC MI I( LOT 1 2.0000 AC. 87.120.00 S.F.. NI $1 I" I !