CCR1994251COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #251-94
FINAL RESOLUTION LEVYING SPECIAL ASSESSMENTS AGAINST
BENEFITTED PROPERTIES AND WAIVING OF SPECIAL ASSESSMENT
NOTICES AND HEARINGS UNDER §66.60(18)
(Sanitary Sewer - Mystic Drive/Foxboro North)
WHEREAS, Kosobucki Brothers Partnership, hereinafter referred to
as "Developer," is installing sanitary sewer in an easement on
the property listed below and identified on Exhibits "1" and "2"
attached and dedicating the same to the City of Muskego; and
WHEREAS, the undersigned acceptors of this Resolution own the
property described in Paragraph 2 below which is benefitted by
said sanitary sewer and which makes sewer service available to
said properties; and
WHEREAS, the City of Muskego wishes for the Developer to
the City of Muskego to reimburse the Developer for the portion
install and pay for the entire sanitary sewer installation with
of the cost relating to the properties listed below in the
amount agreed to in the Developer's Agreement, and dedicate the
same to the City of Muskego.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That by executing the acceptance of this Resolution as
stated below, the owners of said property also hereby
waive special assessment notices and hearings under
$66.60(18) and consent to the levying of special
assessments against their property for the costs of
said improvement under Wisconsin Statute S66.60 and
further agree and admit that the benefit to the
property in question from the construction of said
improvement is just and reasonable; by executing the
acceptance of this Resolution as stated below, the
owners of said property agree that the engineering
engineer has been explained to them and they are
information from the Developer's engineer and the City
satisfied with the same.
2. That a special assessment is hereby levied based on
per front foot costs against the following described
properties in the following amounts:
PROPERTY BEING ASSESSED
Tax Key 2203.994
Tax Key 2203.994.001
John Michur & Sonia Iglinski
Tax Key 2203.993
Tax Key 2203.995.002
Gary and Carole Reich
Tax Key 2203.995.001
Philip and Carolyn Schuenke
Tax Key 2203.989
Edward and Darlene Duklas
AMOUNT OF ASSESSMENT
$9,217.60
$9,217.60
$4,608.80
$4,608.80
Resolution #251-94 Page 2
Tax Key 2203.992
Earl and Florence Mayer
Tax Key 2203.995.004 $4,608.80
Lawrence and Cindy Schweitzer
Tax Key 2203.991
Tax Key 2203.991.001
Jane Ellen Frei
3. That the assessments due pursuant to Paragraph 2 of
this Resolution may be paid in cash in full on or
before November 1, 1995 or in ten (10) annual
installments of principal together with twelve (12)
months interest per installment to the City Treasurer,
installment payments to bear interest at the rate of 8%
per annum on the unpaid balance commencing on November
1, 1995 and said first installment being due on the
date when real estate taxes are due and annually
thereof. All assessments or installments which are not
paid by the date specified shall be extended upon the
tax roll as a delinquent tax against the property and
all proceedings in relation to the collection, return
and sale of property for delinquent real estate taxes
otherwise provided by statute.
shall apply to such special assessment, except as
$4,608.80
$9,217.60
4. If this Resolution is not accepted by the property
owners listed below, which the undersigned as to the
property in which they have an interest warrant and
represent are all of the owners of each of said
properties by December 7, 1994, this resolution is null
and void.
5. The City reserves the right, at its sole option, not to
proceed with the project and if the City does not
proceed, this assessment shall be null and void and of
no effect and the City shall pass a resolution
terminating this assessment.
DATED THIS 22ND DAY OF NOVEMBER , 1994.
SPONSORED BY:
PUBLIC UTILITIES COMMITTEE
Ald. David J. Sanders
Ald. Dornonic D'Acquisto
Ald. Donna M. Woodard
Resolution #251-94 Page 3
ACCEPTED BY:
Tax Keys 2203.994 and 2203.994.001
John Michur and Sonia Iglinski Property
(Owner)
(Owner)
Tax Keys 2203.993 and 2203.995.002
Gary and Carole Reich Property
(Owner)
(Owner)
Tax Key 2203.995.001
Philip and Carolyn Schuenke Property
( Owner )
(Owner)
Tax Key 2203.989
Edward and Darlene Duklas Property
(Owner)
(Owner)
Tax Key 2203.992
Earl Mayer Property
(Owner)
(Owner)
Tax Key 2203.995.004
Lawrence and Cindy Schweitzer Property
(Owner)
( Owner )
Tax Keys 2203.991 and 2203.991.001
Jane Ellen Frei Property
(Owner)
This is to certify that this is a true and accurate copy of
Resolution #251-94, which was adopted by the Common Council of
the City of Muskego
11/94 jmb U
MUSI/EGCI. CITY P 04
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I
MYSTIC RRIVE EASEMENTS
Cl.TY OF MUSKEGO. WAUKESHA COUNTY, WISCONSIN
\
""" FOX RUN
~- I' -1"'
SCALE:
1" 100'
REVISED - OCTOBER 25,1994
REVISED - OCTOBER I/. 1994
OCTOBER IO. 1994
I METROPOLITAN ENGINEERING,.INC.
Crnssmeds Circle
uite 150
METROPOILITAN ENGINEERING, INC.
CONSULTING ENGINEERS - LAND SURVEYORS . Waukesha. WI 53186 . [a141 782-222'1
Fax 782-4426
W'IC DRIVE BASEMENTS
A permanent sanitary sewer easement across the Westerly 20 feet a6
measured normal and para.lle1 to the We6t line of the following
described property;
A temporary construction easement across the East 20 feet of the
Westerly 40 feet as messuced normal and parallel to the West line
of the following describe'j property:
John Michur and Sonia Iglinski, Tax Key No. 2203.994.001,
Warranty Deed, Reel 352, Image 471
Parcel 2 in Certified Survey Map No. 7501 being a part of the
SW 114 of the SW 1/4 of Section 11, T 5 N, R 20 E, in the City
of Muskego, Waukesha County, Wisconsin, recorded on October
11, 1994 at Waukesha County in Volume 64 of Certified Survey
Maps oil Pages 41 thr.3 43 as Document No. 1999687.
Deed, Reel 952, Imag2 471
John Mj.chur and Sonia Iqlinski , Tax Key No. 2203.994, WRrranty
Parcel 1 i;.i certified Survey Map No. 7501 being a part of the
SW 114 of the SW 1/4 of Section 11, T 5 N, R 20 E, in the City
of Muskego, Waukesha County, Wisconsin, recorded on October
Maps on Pages 41 thr.1 43 as Document No. 1999687.
11, 1994 at Waukesha County in Volume 64 of Certified Survey
Gary and Carole Reich, Tax Key No. 2203.993, Warranty Deed,
Reel 426, Image 835
Certified Survey Map No. 129 being a part of the SW 1/4 of
County, Wisconsin, recorded on December 2, 1963 at Waukesha
Section 11, T 5 N, R 20 E, in the City of Muskego, Waukesha
County in Volume 1 oE Certified Survey Maps on Pages 181 and
182 as Document No. 500800.
Gary and Carole Reich, Tax Key No. 2203.995.002, Warranty
Deed, Reel 704, Imag? 201
Parcel 3 of Certified Survey Map No. 536 being a part of the
Waukesha County, Wist:onsin, recorded on February 24, 1967 at
Sw 1/4 of Section 11, T 5 N, R 20 E, in the City of Muskego,
Waukesha County in Volume 3 of Certified Survey Maps on Pages
261 and 262 as Document No. 670857.
CONTINUED - PAGE 2
6)
7)
Philip and Carolyn Schuenke, Tax Key No. 2203.995.001,
Warranty Deed, Reel 1321, Image 622
Parcel 4 in Certifie'j Survey Map No. 536 being a part of the
SW 1/4 of Section 11, T 5 N, R 20 E, in the City of Nuekego, Wsukeshs County, Wis~onsin, recorded on February 24, 1967 at
Waukesha County in Volume 3 of Certified Ssrvey Maps on Taqes
261 and 262 as Documsnt No. 678857.
Edward and Darlene Iluklas, Tax Key No. 2203.989, Reel 323, Image 1582
Parcel 5 in Certifiemi Survey Map NO. 536 being a part of the
SW 1/4 of Section 11, T 5 N, R 20 E, in the City of Muskego,
Piaukesha County, Wisconsin, recorded on February 24, 1967 at
Waukesha County in Volume 3 of Ceztified Survey Maps on Pages
261 and 262 as Document No. 678857.
Earl G. Mayer, Tax Key No. 2203.992, Voluye 814, Page 54
All that part of the SW 1/4 of the SW i/4 of Section 11,
T 5 N, R 20 E, in the City of Muskego, Waukesha County,
Wisconsin, described as follows, to-wit: Comnencing at the
intersection of the North line of the Kilwaukee Electric
width 33 feet distant South 89' 53.5' Eas:, 1324.00 feet and Railway right-of-way with the West line cf a public road of
North 25.00 feet from the Southwest corner of the said
Section, and runninq theme North 0' 24' East on said West
line of road 400.00 feet to the point of beginning of the
lands herein described; thence west 181 -5;
N 0' 24" E, 120.00 feet; thence East 181.5 feet to said West ther,ce
line of road; thence South Oo 25.5' FieEt, 120.00 feet to
beginning. Containing 0.50 acre of land.
Lawrence and Cindy Schweitzer, Tax Key No. 2203.995.004, Reel
196, Image 1262
All that part of the SW 1/4 of the SW 1/4 of Section 11,
T 5 N, R 20 E, in the City of Muskego, Waukesha County,
Wisconsin, described as follows, to-wit: Commencing at the
intersection of the North line of the Milwaukee Electric
Railway right-of-way with the West line of a public road of
width 33 feet distant South 89O 53.5' East, 1324.00 feet and
North 25 .OO feet from the Southwest corner of the said
Section, and running thence North 0' 24' E on said West line
of road, 280.00 feet. to the point of beginning of the lands
described; thence .Nest 181.50 feet;
East, 120.00 feet; thence Eact 181.50 feet to said West line thence North Oo 24'
of road; thence South Oo 24' West 120.00 feet to beginning.
Containinq 0.50 of land.
CONTiNUED
PAGE 3
9) Jane Ellen Frei, Tax Key No. 2203.991, ileel 415, Image 443
Parcel 1 in Certifieti Survey Map No. 7503 being a division of
a part of the SW 114 of the SW 1/4 of Section 11, T 5 N,
R 20 E, in the City of Muskego, Kaukesha County, Wisconsin.
recorded on October 11, 1994 at Waukesha County in Volume 64
of Certified Survey Xaps on Pages 40 thru 50 as Document No.
1999741,
10) Jane Ellen ?rei, Tax Key No. 2203.991.001, Reel 415, image 443
Parcel 2 in Certified Survey Map KO. 7503 being a division of
a part of the SW ?/4 of the SW 1/4 of Section 11, T 5 N,
il 20 E, in the City of Muskego, Waukesha County, Wisconsin.
recorded on October 11, 1994 at Waukesha County in Volume 64
of Certified Survey %ps on Pages 48 thru 50 as Document No.
1999741.
October 10, 1994
Revised October 11, 1994
Revised October 25, 1994