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CCR1994167a COMMON COUNCIL - CITY OF MUSKEG0 AMENDED RESOLUTION #167-94 AUTHORIZING ROAD IMPROVEMENTS AND AMENDMENT TO FINAL RESOLUTION LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITTED PROPERTY (KURTZE LANE ROAD PROJECT - MR-2-85) WHEREAS, the Common Council of the City of Muskego adopted Resolution #209-85 on September 10, 1985, entitled "Final Assessments Against Benefitted Property"; and Resolution Authorizing Road Improvements and Levying Special WHEREAS, as a part of said resolution, assessments were levied against property commonly know as the Ludwig/Strampe property which is the subject matter of an Offer to Purchase approved by the Common Council on April 9, 1985 pursuant to Resolution #65-85 and known as Tax Key Nos. 2218.981 and 2218.984; and WHEREAS, said Final Assessment Resolution #209-85 also affected which are also affected by Resolution #103-85 approved by the certain properties commonly known as the Pellmann properties Tax Kev No. 2218.990: and Common Council on June 11, 1985, said properties being known as WHEREA,, as part of the agreement as to Ludwig/Strampe approved by the Common Council pursuant to Resolution #65-85, the property was subject to certain special assessments including those referred to in Resolution #209-85 and that said agreement indicates in part that said assessments as made would be deferred in accordance with City policy established by Resolution #19-71 (as amended) and adopted on February 9, 1971; and WHEREAS, the amendment to easement agreement approved by the Common Council in Resolution #103-85 as to Pellmann contains similar language: and WHEREAS, Resolution #19-71 (as amended) has been interpreted to not require the payment of interest on said assessments under assessments levied pursuant to Resolution #209-85; and circumstances present in both the Pellmann and Ludwig/Strampe WHEREAS, paragraph 6 of Resolution #209-85 indicates that interest will be charged at the rate of 9 percent per annum: and WHEREAS, the intent of the City in approving and agreeing to the agreements approved by Resolutions #65-85 and #103-85 has been clarified by Former Mayor Wavne Salentine to indicate as * set forth in thik Resolution; NOW, THEREFORE, BE IT RESOLVED that for purposes of clarifying road improvements and levying special assessments against said agreements and resolutions, the final resolution as to benefitted property as to the Ludwig/Strampe property, Assessment Nos.; 1. Tax Key #2218.981 South Line; 2. West Line #2218.981 and #2218.984; and, 3. #2218.981 East Line and Kurtze Ct. (Exhibit "B" Attached), and the Pellmann Property, Assessment Nos. 12. Tax Key #2218.990; 13. #2218.990; and, 14. #2218.990 (Exhibit "1" Attached), is amended to clarify the intent of the agreement of the parties as follows: 1. 2. 3. The Pellmann assessment levied pursuant to Resolution #209-85 was paid in full and with interest pursuant to said agreement, but contrary to the intention of the agreement between the City and Pellmann in the amount of $8,620.37; and said interest in the amount of $8,620.37 shall be \ returned to Pellmanns forthwith; and the special assessments levied against the Pellmann property, Tax Key No. 2218.990 is hereby amended to indicate that the interest, if any, shall be paid only pursuant to the requirements of Resolution #19-71 as amended as was originally agreed. Restrictive endorsement language to be added to check with language provided by City Attorney. The special assessments levied against the Ludwig/Strampe property, Tax Key Nos. 2218.981 and 2218.984 is hereby paid only pursuant to the requirements of Resolution #19-71 amended to indicate that the interest, if any, shall be as amended as was originally agreed. Copies of this Resolution shall be mailed forthwith by the Clerk to the owners of the properties known as the Ludwig/Strampe property, Tax Key Nos. 2218.981 and 2218.990. 2218.984, and the Pellmann property known as Tax Key No. DATED THIS 9TH DAY OF AUGUST , 1994. SPONSORED BY: FINANCE COMMITTEE Ald. Patrick A. Patterson Ald. Edwin P. Dumke Ald. David J. Sanders This is to certify that this is a true and accurate copy of Council of the City of Muskego. Resolution #167-94 which was amended and adopted by the Common e 7/941ah