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CCR2002035COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #35-2002 PRELIMINARY RESOLUTION DECLARING INTENT TO LEVY FOR SEWER SERVICE UNDER 566.0703, WISCONSIN STATUTES (Amended Sewer Service Area) AREA-WIDE RESERVE CAPACITY ASSESSMENT FOR DEBT SERVICE RESOLVED by the Common Council of the City of Muskego, Waukesha County, Wisconsin, as follows: 1 2. 3. 4. The Common Council hereby declares its intent to exercise its power under 566.0703. WI Statutes, to levy area-wide reserve capacity assessments upon property within the following described territory located within the following described territory located within the City for benefits conferred upon such properties as a result of debt service and retirement for sewer connections to provide sewer service for the entire territory described: See Attached Exhibit "A (Scale Map of Area to be Assessed is Attached) The amount of the reserve capacity assessment being levied has been determined by the City's financial consultant, its consulting engineer, and the Public Utilities Committee, to be the sum of $3,525 for each residential equivalency unit involved in future sewer connections for new buildings and $587.50 for all existing connections and existing buildings connected in the future. The assessment proposed to be levied is to be levied against all lots and parcels of real estate located within the territory above described which are not presently, at the time of the final resolution levying the special assessment, actually connected to the public sewers and receiving the immediate benefit and against all lots and parcels of real estate actually connected and receiving an immediate benefit. The reserve capacity assessment proposed to be levied is based upon the police power of the City of Muskego and is to be levied for the benefit given to all unconnected real estate in the City of Muskego for the benefit conferred upon that unconnected real estate for the availability of a capacity in the sewers and against all connected real estate for the immediate capacity now to be utilized. Resolution #35-2002 Page 2 5. The reserve capacity assessment proposed to be levied herein may be allowed to be paid in installments commencing at the time the benefit occurs to the property by connection. The exact schedule of those properties immediately assessed and installments thereon shall be determined when the final resolution is adopted. 6. The consulting engineers for the City of Muskego, Ruekert 8 Mielke, are hereby directed to prepare a report providing for all estimated costs of the total reserve capacity purchased, a total list of all properties to be assessed and a schedule of proposed assessments against the specific properties to be assessed. Said report, when completed, shall be filed with the City Clerk-Treasurer 7 The City Clerk, after receiving the report, is directed to publish a Class 1 Notice of Public Hearing on this proposed resolution levying special assessments as specified in $66.0703, WI Statutes. The public hearing shall be held at Muskego City Hall, W182 S8200 Racine Avenue, Muskego, Wisconsin, in accordance with 566.0703 (7), WI Statutes, at 7:20 PM on March 26,2002. DATED THIS 12th DAY OF Februaw ,2002 SPONSORED BY: Mayor David L. De Angelis This is to certify that this is a true and accurate copy of Resolution #35-2002 which was adopted by the Common Council of the City of Muskego. 2102mep Exhibit "A" MUSKEG0 AREA WIDE RESERVE CAPACITY ASSESSMENT DISTRICT LEGAL DESCRIPTION AllthatpartofSectionsl,2,3,4,S,7,8,9,lO,ll,12,13,14,1S,16,17,18,and21, Town 5 North, Range 20 East, and all that part of Section 13, Town 5 North, Range 19 East, city of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Range 5, Township 20; thence Easterly along the Northern corporate limits of the City of Commencing at the Northwest comer of the Northeast quarter section of Section 5, Muskego to the Northeast corner of the corporate limits; thence Southerly along the Eastern Cape Road to Schaefer Road; thence westerly along Schaefer Road to the western end of corporate limits of the City of Muskego to North Cape Road; thence Southwesterly along North Schaefer Road; thence Northerly approximately 568 feet to a point; thence Easterly approximately 145 feet to a point, thence Northerly approximately 167 feet to a point intersecting of the Southeast and Southwest quarter sections of Section 13 to a point approximately 390 feet the North line of the Southeast quarter section of Section 13; thence westerly along the North line west of the intersection of Durham Drive and Holz Drive; thence Southerly approximately 1340 feet along the East property line of the properties on the east side of Holz Drive to a point South of Holz Drive: thence West to a point of intersection with the East line of the Southwest quarter section of Section 14; thence South along said section line to the Southeast corner of the Southwest quarter section of Section 14; thence westerly along the South lines of Sections 14, 15, and 16 to Racine Avenue; thence Southerly along the Eastern property line of Muskego high School; thence westerly along Muskego High Schools Southern property line; thence Northerly along Muskego High School's western property line to Woods Road; thence westerly along Woods Road to the Southeast corner of the Southwest quarter section of Section 17; thence Westerly approximately 1310 feet to a point; thence Northerly approximately 430 feet to Woods right-of-way just South of Janesville Road; thence Southwesterly along the Wisconsin Electric Road; thence continuing Northerly along Woods Road to the Wisconsin Electric Power Company Southwesterly along Janesville Road to the intersection with the west line of the Southwest Power Company right-of-way to the intersection with Janesville Road; thence continuing quarter section of Section 18; thence along the Southern, Western and Northern boundaries of the property in the southeast and northeast quarter sections of Section 13 in Town 5, Range 19, which was annexed by the City of Muskego, to the Northwest corner of Section 18, Town 5. Range 20; thence along the Northern line of Section 18 to the intersection with the Hillendale Drive; thence Northerly and Northeasterly along Hillendale Drive to a point approximately 250 feet northeast of the intersection of Hillendale Drive and Field Drive: thence Northerly approximately approximately 1330 feet to the intersection with the South line of Section 5: thence westerly 1165 feet to a point; thence westerly approximately 110 feet to a point; thence Northerly approximately 890 feet to a point; thence Northeasterly approximately 700 feet to a point; thence northeasterly approximately 700 feet to a point; thence Easterly approximately 400 feet to a point; thence Northerly approximately 1330 feet to a point intersecting the Northern corporate limits Of the City of Muskego; along the North line of the Southwest quarter section of Section 5; thence Northwest corner of the Northeast quarter section of Section 5. The exact location of the Easterly and Northerly along the corporate limits to the point of beginning, said point being the assessment boundary line for areas not along the corporate limits is shown on cadastral maps on file at the City of Muskego City Hall. Also including lands described on following pages CITY OF MUSKEGO RESEVE CAPACITY ASSESSMENT DISTRICT SOUTEAST AREA FACILITIES AREA A11 that part of Section 13,23,24,25,26, and 35, Town 5 North, Range 19 East, City of Muskego, Waukesha County, Wisconsin, bounded and described as follows; Commencing at the intersection of the centerline of North Cape Road and the East Corporate Boundary of the City of Muskego; thence Southerly along said centerline to the intersection of centerlines of North Cape Road and Schaefer Road; thence West to a point 400’ West of and perpendicular to the centerline C.T.H. 00 (North Cape Road); thence South along a line 400’ West of and perpendicular to the centerline of C.T.H. 00 to a point 400 feet North of and perpendicular to the North line of Section 24; thence West along said line to a point 400’ West of and perpendicular to Durham Drive; thence Southeasterly along a line 400’ West of and perpendicular to Durham Drive to a point 400’ West of an perpendicular to C.T.H. 00; thence Southerly along a line 400’ West of and perpendicular to a point 300’ North of the South line of Section 24; thence West along a line 300’ North of the South line of Section 24 to a point 300’ East of the West line of Section 24; thence North along a line 300’ East of the West line of Section 24 to a point 300’ North of the South line of the North half of Section 24; thence West to the East shore of Big Muskego Lake; thence Southwesterly along the shore of Big Muskego Lake to a point 700’ East of the West line and 900’ North of the South line ofNorthwest Quarter (NW %) of Section 26; thence Southeasterly to a point on the North line of the South half of Section 26 and 1000’ East of West line of said section: thence South along a line 1000’ East of the West line of Section 26 to a point 400’ North of the South line of Section 26; thence West along a line 400’ North of the South line of Section 26 to the West line of Section 26: thence South along the West line of Section 26 and 35 to a point 400’ South of the North line of Section 35; * thence East along a line 400’ South of the North line of Section 35 to a ;point 1000’ East of the West line of Section 35; thence South along a line 1000’ East of the West line Section 35 to a point 400’ South of l and perpendicular to Loomis Drive; thence Northeasterly along a line 400’ South of and perpendicular to Loomis Drive to a point 400 South of and perpendicular to S.T.H. 36 (Loomis Road), thence Northeasterly along a line 400’ South of and perpendicular to Loomis Road to the East Corporate Boundary line of the City of Muskego; thence Northerly along the Corporate Boundary of the City of Muskego to the point of beginning. 2002 Additions Commencing at a point on the North line of the Southwest % of Section 13 said point being 390 feet more or less West of the intersection of Durham Drive and Holz Drive, said point also being the point of beginning of lands described herein; thence southerly along the East property lines of the properties East of Holz Drive 1340 feet more or less; thence Easterly 123 1 feet more or less to the East line of said % Section; thence Southerly along said East line 426 feet more or less to the North line of the property identified as Tax-key No. 221 1.998; thence Northeasterly along said North line 444 feet more or less to the Centerline ofDurham Road; thence Southeasterly along said center line 246 feet more or less to South extended property line of parcel identified by Tax-key No. 2212.993; thence Easterly along said South line 146 feet more or less, to the West line of said parcel, said West line also being the East line of parcel identified by Tax-key No. 221 1.998; thence Northerly along said East line1 975 feet more or less to the North line of the South East % of said Section 13; thence Westerly along said North line 838 feet more or less to the Northwest corner of said % Section; thence Westerly along the North line of the said Southwest % 1356 feet more or less to the point of beginning. Commencing at the intersection of the North line of the Northwest % of Section 36 and a point 400 feet Southeasterly of Loomis Drive, said point also being the point of beginning of lands described herein; thence Easterly along said North line 2264 feet more or less to the Northeast comer of said % Section; thence Southerly along the West line of the Northeast % of said Section 2685 feet more or less to the Southwest corner of said % Section; thence Easterly along the South line of said % Section 2770 feet more or less to the Southeast comer of said % Section; thence Northerly along the East line of said % Section, said line also being the East boundary of the City of Muskego 2709 feet to the Northeast corner of said % Section; thence continuing Northerly along East City boundary line and the East line of the Southeast % of Section 25,2693 feet more or less to the North line of said % Section; thence Continuing Northerly along said East City boundary line, said line also being the East line of the Northeast % of said Section, 716 feet more or less to a point of intersection with a line 400 feet South of and perpendicular to S.T.H. 36 Loomis Road; thence Southwesterly along said line to a point 400 feet South of and perpendicular to Loomis Drive; thence Southwesterly along said line to the point of beginning Commencing at the Northeast corner of the Northwest % of Section 21, said point also being the point of beginning of lands described herein; thence Southerly along the East line of said % Section 1325 feet more or less; thence Westerly 11 92 feet more or less to the centerline of C.T.H. Y (Racine Avenue); thence Northerly along said centerline to the North line of said % Section; thence Easterly along said North line 933 feet more or less to the said Northeast corner and the point of beginning. Commencing at the intersection of the centerline of C.T.H. Y (Racine Avenue) and the South line of the Northwest % of Section 2 I, said point also being the point of beginning of lands described herein; thence Westerly along South line the to Southwest Comer of said % Section; thence continuing Westerly along the South line of the Northeast % of Section 20,2,672 feet more or less to the Southwest corner of said % Section; thence Continuing Westerly along the South line of the Southwest % of said Section 1,630 feet more or less to the West line of the property identified by Tax-key No. 2238.992; thence Northerly along said West line 1336 feet more or less to the South line of the property identified by Tax-key No. 2238.995; thence Easterly along said South line 237 feet more or less to the West line of the property identified by Tax-key No. 2238.999; thence Northerly along said West line 1337 feet more or less to the north line of said Northwest % Section; thence Easterly along said North line 1342 feet more or less to the Northwest Comer of said Northeast % Section; Thence continuing Easterly along the north line of the Northeast % of said Section 20, 2,703 feet more or less to the Northwest comer of the Northwest % of said Section 21, thence Southerly along the West line of said % Section, 1332 feet more or less the o the South line of lands Owned By Muskego High School; thence Easterly along said South line 1471 feet to the centerline of C.T.H. Y (Racine Avenue); thence Southerly along said centerline to the point of beginning. Commencing at the Intersection of the North line of Southwest % of Section 5 and the extended West line of Lakeview Highlands North, said point also being the point of beginning of lands described herein; thence Southerly along said West line 1354 feet more or less, to the South right-of-way line of Adrian Drive, said line also being the South Line of said Subdivision; thence Easterly along said South line 457 feet more or less; thence Northerly 1353 feet more or less to the North line of Said % Section; thence Westerly along said North line 461 feet more or less to point of beginning