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CCR1999162COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #162-99 WAIVER OF SPECIAL ASSESSMENT NOTICE AND HEARING AND FINAL SPECIAL ASSESSMENT RESOLUTION AUTHORIZING INSTALLATION OF WATER IMPROVEMENTS AND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTIES (Lannon Drive) WHEREAS, the owner of the property described as follows has requested to be served by municipal water; Tax Key No. MSKC2198.987 - W171 S7354 Lannon Drive PT NW1/4 SEC 10 T5N R20E COM 974 FT N OF W1/4 COR TH E 150 FT, TH S 50 FT, TH W 150 FT. N 50 FT TO BGN R4361676 R 1907/1180 WD 4/94 WHEREAS, said property can be served by water lines installed in Lannon Drive by means of a lateral; and WHEREAS, it is likely that it will be some period of time before a water line will be constructed in front of said property on Lannon Drive, for which they would be assessed under present policy; and 0 WHEREAS, the property owner described above wants water service at this time and wishes to be assessed on the same basis as the City's most recent water project as follows: Water Assessment: 50 L.F X $35.55 = $1,777.50 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 50' of the above described property for a water main if it is installed in Lannon 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 special assessments against our premises under $66.60, Wisconsin Statutes, for the estimated cost of such an improvement as shown above. In accordance with §66.60(18), Wisconsin Statutes, we hereby waive all special assessment notices and hearings required by $66.60, 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 #162-99 Page 2 0 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, 1999 or in ten (IO) annual installments of principal together with twelve (12) months interest per installment to the Clerk-Treasurer, installment payments to bear interest at the rate of 8% per annum on the unpaid balance commencing on November 1, 1999 and 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 shall apply to such special assessment, except as otherwise provided by statute. 5. That if a water main is extended in the future along the frontage of this property, this property will not be assessed for the 50' of frontage already assessed. Any remaining frontage may be assessed at the time a water main is installed along the frontage of this property. 6. This resolution is null and void unless accepted by the owner on or before November 1, 1999. DATED THIS 28th DAY OF September ,1999. SPONSORED BY: PUBLIC UTILITIES COMMITTEE Ald. David J. Sanders Ald. Mark A. Slocomb Ald. William Le Doux This is to certify that this is a true and accurate copy of Resolution #162-99 which was adopted by the Common Council of the City of Muskego. ACCEPTED BY ALL OWNERS OF PROPERTY DESCRIBED ABOVE: (Owner) (Owner) - 9/99 jep