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CCR2002053COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #53-2002 PRELIMINARY RESOLUTION DECLARING INTENT TO LEVY FOR WATER SERVICE UNDER 566.0703, WISCONSIN STATUTES (Eighth Amended WCA District) AREA-WIDE WATER CAPACITY ASSESSMENT FOR DEBT SERVICE RESOLVED by the Common Council of the City of Muskego, Waukesha County, Wisconsin, as follows: 1 The Common Council hereby declares its intent to exercise its power under $66.0703, Wisconsin Statutes to levy area-wide water capacity assessments upon property within the following described territory located within the City for benefits conferred upon such properties as a result of debt service and retirement for water connections to provide water setvice to the entire territory described: See attached legal description marked “Exhibit A and attached map marked “Exhibit B” 2. The amount of the water capacity assessment (WCA) proposed to be levied shall be determined by the city’s financial consultant, its consulting engineer and the Public Utilities Committee, and it is anticipated that said assessment shall be determined on a residential equivalency unit basis. 3. 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 water and receiving the immediate benefit, and against all lots and parcels of real estate actually connected and receiving an immediate benefit. 4. The water capacity assessment (WCA) 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 water system and against all connected real estate for the immediate capacity now to be utilized. 5. The water capacity assessment (WCA) proposed to be levied herein may be allowed to be paid in installments. The exact schedule of those properties-immediately assessed and installments thereon shall be determined when the final resolution is adopted. I Resolution #53-2002 Page 2 8@ 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 water 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. I 7 The City Clerk, after receiving the report, is directed to publish a Class 1 notice of a public hearing on this proposed resolution levying special assessments, the hearing to be held at City Hall at a time set by the Clerk as specified in §66.0703(7)(a), Wisconsin Statutes. DATED THIS 12th DAY OF March ,2002 CITY OF MUSKEG0 Davidr~De Angelis, Mayor , ATTEST: LK md K. Marenda, Clerk-Treasurer 3/2002jmb EXHIBIT “A” October 29,2001 Eighth Amended Legal Description for the Water Connection Assessment (WCA) District All that part of the Northeast ‘A, Southeast %, and the Southwest % of Section 2, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the Southwest comer of the Northeast !4 of Section 2, said point also being the point of beginning; thence Easterly along the South line of said Northeast % 496.17 feet to the East line of lands designated by Tax key No. 2168-993; thence Northwesterly along said East line 7.26 feet; thence Northeasterly 216.97 feet to the Southwest corner of Parcel 2 Certified Survey Map No. 2962; thence continuing Northeasterly 177.83 feet; thence Southeasterly 36.30 feet to the South line of said Parcel 2; thence Northeasterly along said South line 1 13.50 feet to the West right-of-way line of Tess Comers Drive; thence Northwesterly along said right-of-way line 454 feet more or less; thence Northeasterly 100 feet more or less to the East right-of-way line of said Drive, said point also being the Southwest corner of Parcel 2, Certified Survey Map No. 3480; thence along the South line of said Parcel 576.38 feet, to the West line of Lot 1, Certified Survey Map No. 1077; thence Southerly along said west line 84 more or less, to the South line of said Lot; thence Easterly along the said South line, 213.24 feet to the East line of said Lot; thence Northerly along said East line, 1519 feet more or less, to the North line of the Northeast !4 of said Section 2, said North line also being the centerline of College Avenue and the North line of Muskego City Limits; thence Easterly along said North line 990.66 feet to the Northeast corner of said !4 Section; thence Southerly along the East line of said % Section 2551.46, to the Southeast comer of said !4 Section; thence Southerly along the East line of the Southeast !4 of said Section 43 1.70 feet, to the Southeast corner of lands designated by Tax key No. 2168-999; thence Westerly along said lands 906 feet more or less, to the East right-of-way line of Gaulke Drive: thence Northwesterly along said right-of-way 220 feet more or less, to the North right-of-way line of Gaulke Drive; thence Westerly along said right-of-way line 26 feet more or less to the Southeast comer of lands designated by Tax key No. 2168-963; thence Northwesterly along the East line of said lands 249.72 feet, to the North line of said Southeast !4 Section; thence Westerly along said % Section line 357 feet more or less to the East right- of-way line of Tess Comers Drive; thence Southeasterly along said right-of-way 192 feet more or less; thence Northwesterly 3 13 feet more or less to the East line of Parcel 2, Certified Survey Map No. 6642, said point also being the Southwest comer of lands designated by Tax key No. 2168-994; thence Southeasterly along said East line 89.10 feet to the South line of said Certified Survey Map; thence Southwesterly along said South 0 a 0 line 100.50 feet to the East line of Parcel 3, Certified Survey Map No. 2167; thence Southeasterly along said East line 112.48 feet to the Southeast comer of said Parcel 3, said point also being the Northeast comer of Lot 10, in Sandy Knoll Subdivision; thence Southwesterly along the North line of said Subdivision 602.98 feet to the Northwest comer of said Subdivision; thence Southeasterly along the West line of said Subdivision 351.54 feet; thence Southerly along the west line of said Subdivision 334.97 feet to North line of Lot 6, in Belmont Greens Subdivision; thence Westerly along said North line 508 feet more or less, to the East right-of-way line of Durham Drive; thence Westerly 101 feet more or less to the West right-of-way line of Durham Drive, said point also being the Southeast comer of Lot 18, Block 1, Durham Meadows Subdivision; thence Northerly along said right-of-way line 125.00 feet, to the Northeast comer of Said Lot 18, thence Westerly 16 feet more or less to the West right-of-way line of said Drive, said point also being the Southeast comer of lands designated by Tax key No. 21 67-998-001; thence Northerly along said right-of-way line 120 feet more or less to the Northeast comer of said lands; thence Westerly 164 feet more or less to the Northwest comer of said lands; thence Southerly 120 feet to the North line of Durham Meadows Subdivision; thence Westerly along said North line 33 1.55 feet, to the Northwest line of said Subdivision; thence Southwesterly along said Northwest line 572.15 feet to the East line of Lot 5, Certified Survey Map No. 5841, said point also being the Northwest corner of Lot 8, Block 1, of said Subdivision; thence Southeast along said East line 159.52 feet, to the North right-of-way line of Cornel1 Circle; thence Southwesterly 261.33 along the arc of a circle whose center is to the Southeast, whose radius is 681.56 feet, whose chord bears S29"55'26"W with a chord length of 259.72 feet, to the South right-of-way line of a 60.00 feet wide unimproved street; thence Northwesterly along said right-of-way line 303.83 feet; thence Northerly 564 feet more or less to the North right-of way line of Janesville Road (C.T.H. L), said point also being the Southwest corner of Lot 47, Golden Country Estates Subdivision; thence Northeasterly along said right-of-way line 987.79 feet to a angle point in said right-of-way; thence Northeasterly along said right-of-way 451.85 feet to the West right-of-way line of Woodland Place, said point also being the Southeast corner of Lot 1, in said Subdivision; thence Northerly along said right-of-way line 478.30 feet to the South line of the Northeast % , Section 2, said point also being the Northeast comer of Lot 4 in said Subdivision; thence 60.01 feet to the Southeast comer of said Northeast %, said point also being the point of beginning (See Attached Map) a Daniel Flamini, RLS #I2486 a N EXHIBIT "B" 8th AMENDED WCA MAP 0 30 600 1200 GRAPHIC SCALE SCALE: 1" = 600'