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CCR20020710 COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #71-2002 FINAL RESOLUTION AUTHORIZING INSTALLATION OF WATER MAIN IMPROVEMENTS AND LEVYING OF SPECIAL ASSESSMENTS FOR MOORLAND ROAD SOUTH TO CANDLEWOOD WATER PROJECT (Project MW-31-02, Assessment District “WU”) WHEREAS, the Common Council of the City of Muskego, Wisconsin, held a public hearing at the City Hall on April 9, 2002 for the purpose of hearing all interested persons concerning the Preliminary Resolution and Report of the City Engineer on the proposed water main improvement within the area described below and shown on the attached map and heard all persons to speak at the hearing: Water Improvement Assessment Area MOORLAND ROAD SOUTH TO CANDLEWOOD WATER PROJECT Project MW-31-02 Assessment District ”W “WU” See Attached Legal Description and Map NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Muskego as follows: 1 That the report of the City Engineer and any amendments or modifications thereto pertaining to the construction of the above-described public improvements, including plans and specifications therefore is adopted and approved. 2. That the City of Muskego has or shall advertise for bids and shall carry out the improvements in accordance with the report and any amendments or modifications thereto of the City Engineer 3. That payment for the improvements be made by assessing the cost to the property benefited as indicated in the report and any amendments or modifications thereto. 4. That assessments shown on the report and any amendments or modifications thereto, representing an exercise of the police power, have been determined on a reasonable basis and are hereby confirmed. 0 5. The assessments shown on the report and the modifications thereto conform with the policies of the City of Muskego now in existence as set forth in Resolution #284-97 and amended in Resolution #236-98 and Resolution #121- 2000, to the extent not modified by this Resolution. Pursuant to said Policy, the City has determined the method of assessment to be a Front Foot Assessment, Resolution #71-2002 Page 2 6. 7 8. 9. 10. plus the cost of water service, as set forth in the Engineer's Report referred to herein and any amendments or modifications to the same. That the remainder of said assessments are deferred as stated in assessment policies of the City. That the assessments due pursuant to Paragraph 5 of this Resolution may be paid in cash in full on or before November 1, 2002 or in ten (10) 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 1,2002 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 shall apply to such special assessment, except as otherwise provided by statute. That all deferred assessments shall bear interest at the rate of 8% per annum on the unpaid balance from November 1, 2002 and until payment in full. When the deferral of an assessment ends, said assessment shall be paid in cash in full pursuant to the policy of the City set forth in Resolution #284-97 and amended in Resolution #236-98 and Resolution #121-2000, to the extent not modified by this Resolution, unless the City, at is sole option, negotiates with a property owner having an assessment come due an agreement by which the assessment or a portion thereof may be further deferred when the Common Council determines that additional deferrals would be just and equitable under the particular circumstances. 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. Interest rates on deferred assessments may be reviewed every five (5) years, That the Clerk-Treasurer shall publish this Resolution as a Class 1 Notice in the assessment district and mail a copy of this Resolution and a statement of the final assessment against the benefited property to every property owner whose name appears on the assessment roll whose post office address is known or can with reasonable diligence be ascertained. Property owners may be qualified for hardship status which will allow for different payments of the assessment. Property owners must apply on or before September 1, 2002 and must be determined to qualify for said hardship status in accordance with the assessment policy set forth in Resolution #284-97 and amended in Resolution #236-98 and Resolution #121-2000 by October 1, 2002. DATEDTHIS gth DAY OF APRIL ,2002. Resolution #71-2002 I 0 Page 3 SPONSORED BY: Mayor David L. De Angelis This is to certify that this is a true and accurate copy of Resolution #71-2002 which was adopted by the Common Council of the City of Muskego. Published: April 18, 2002 Moorland Road Assessment District ,e Being part of the Southwest % of the Southwest % of Section 2, and the Northeast %, Northwest %, Southwest %, and Southeast %, of the Northwest %, and the Northwest !4, Southwest %, of the Northeast %, of Section 11, all in Town 5 North, Range 20 Easf City of Muskego, Waukesha County, Wisconsin bounded and described as follows: Comnpmcing at the Southwest comer of the Southwest % of Sedion 2, Town 5 North, Range 2O.W said point also being the point of beginning of lands described hereiq thence N O"34'55'W 855.80 feet, along the West line of said Southwest % Section, said line also being the East line of Quietwood Creek a recorded Subdivision Plat, to the South proposed ultimate right-of-way line of Janesville Road (C.T.H. 'X"); thence N65'56'04"E 635.63 feet along said right-of-way lie; thence N64'25'2YE 837.29 feet along said right-of-way line; thence SOO"46'01"E 1427.12 feet, along the West line of Certified Survey Maps No. 5841 and 5882, recorded in the Register of Deeds, Waukesha County, to the Southwest comer of said Certified Survey Map No. 5882, said point also being the Northwest mrner of Rosewood Estates, a recorded Subdivision Plat; thence S01"10'13"E 883.40 feet along the West lineofsaid Subdivision, to the Southwest corner of said Subdivision; thence N87'52'01"E 1345.95 feet along the South line of said Subdivision; thence N87"32'00"E 241.12 feet to the West right-of-way line of Durham Drive; thence S14"57'36"E 234.36 feet along said right-of-way; thence Southerly 92.27 fset along the arc of a curve, having a center lying to the West, having a radius of 1303.44 feet, and a chord of 92.25 feet which beafi S12°55'55"E; thence S10°54'.14"E 764.16 feet along said right-of-way to theNorth right-of-way line of Woods Road; thence S69O31'14'W 385.30 feet along said right-of-way; thence S7O0O1'09'W 729.59 feet along said right-of-way; thence S36'20'21'W 444.99 feet along said right-of-way, to the South line of the Northwest % of Section 1 1; thence S87"48'3TW 1809.50 feet to the Southwest corner of said Northwest % Section, also being the East line of said Quietwood Creek Subdivision; thence NOI"14'09'W 2652.33 feet to the point of beginning. Containing 7,561,818.56 sq.ft (173.60 acres) more or less Daniel R. Flamini R.L.S. 2486 2-25-2002 N \ 0 w F 0. a N w 0 a a