CCR2002072COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #72-2002
FINAL RESOLUTION AUTHORIZING SPECIAL ASSESSMENT
POLICE POWERS UNDER 566.0703, WI STATUTES FOR
(Project MR-3-02, Assessment District “RD”)
MOORLAND ROAD - JANESVILLE TO WOODS RD. ROAD PROJECT
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 levying special assessments upon property within the following
described area for special benefits conferred upon such property by construction
of a roadway in the MR-3-02 Assessment area described as follows:
Moorland Road - Janesville to Woods Rd. Road Project
MR-3-02, Assessment District TG‘ “RD
See Attached Legal Description and Map
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Muskego as follows:
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2.
3.
4.
5.
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.
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
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.
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.
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 #47-2002 and amended in Resolution #65-2002 to the
Resolution #72-2002 Page 2
extent not modified by this Resolution. Pursuant to said Policy, the City
has determined the method of assessment to be a Front Foot
Assessment, 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 M7-2002 and amended in Resolution #65-2002 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.
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Resolution #72-2002 Page 3
DATEDTHIS gth DAY OF APRIL , 2002.
SPONSORED BY:
Mayor David L. De Angelis
a
a
This is to certify that this is a true and accurate copy of Resolution #72-2002
which was adopted by the Common Council of the City of Muskego.
Published: April 18, 2002
4/02mep
Moorland Road Assessment District
Being part of the Southwest % of the Southwest !4 of Section 2, and the Noah- %,
Northwest %, Southwest %, and Southeast %, oftheNorthwest %, and the Northwest %,
Southwest %, of the Northeast %, of Section 11, all in Town 5 North, Range 20 East, City
of Muskego, Waukesha County, Wisconsin bouaded and described BS follows:
Commencing at the Southwest corner of the Southwest % of Section 2, Town 5 North,
Range 20 East said point also being the point of beginning of lands described her&;
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. “V); thence
N65”56’04”E 635.63 feet along said right-of-way lie; thence N64O25’29”E 837.29 feet
along said right-of-way line; thence SOOo46’01”E 1427.12 feet, along the West lineof
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 mmer of Rosewood Estates, a recorded Subdivision Plat thence
SOl”10’13”E 883.40 feet along the West line of said 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 lie of
Durham Drive; thence S14’57’36”E 234.36 feet along said right-of-way; thence
Southerly 92.27 feet along the arc of a curve, having a center lying to the West, having a
mdius of 1303.44 feet, and a chord of 92.25 feet which bean 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 S69”31’14‘W 385.30 feet along said right-of-way; thence
S7O0O1’09’W 729.59 fee! 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 11; 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 NOl”14’09’W 2652.33
feet to the point of beginning. Containing 7,561,818.56 q.ft (173.60 acres) more or less
Daniel R. Flamini R.L.S. 2486
2-25-2002
COMMUNIW NAME CITY OF MUSKEGO
PROJECT LOCATION. ASSESSMENT DISTRICT “RD‘
PROJECT DESCRIPTION:
DATABASE I.D. NUMBER: MR 03-02
THE FOLLOWING PROPERTIES ARE BENEFITED BY THE PROWSED IMPROVEMEm:
Moorland Road Woods Road lo Janesvllle Road
TOTAL COST TOTAL ASSESSMENT NO. OWNEPS NAME AND ADDRESS TAXKEY NUMBER CODE DESCRlPnON QUANTITY UNIT COST
~ ~~~~
1 CllY OF MUSKEGD no2-sOPDo1
Wl82 S8200 RACINE AVE.
MUSKEGO WI 53150 6% DEFERRED FROKIAGE. 1321.10 LF. I 88.12 f ll3.773.13
I 113.7K3.13
2 MACIOLEK LIMITED PARTNERSHIP 2187-995005 I E 1002 PLAT ROAD
HUBERTVS. WI 53tW 85 DEFERRED FRONTAGE.
m MOCKEDIT.
100 Deved~(1r AddiUOnal
233&70 LF. I 80.12 S 201,23660
0 ACRE -14.500.00 0
5 87.SoO.OO $ 87.500.00 1.00 UNIT
I 288.738.60
3 MACIOLEK UMITEDPLRTNERMIP 2187-99wop
1002 PUT ROAD
NUBERTUS. WI 53003
5 88.281.81 95 DEFERRED FRONTAGE. 1025,lO L.F. f 88.12
2.50 ACRE S -30.000.00 $ (75.wO.00) I 13,281.61 48 LAND CREDIT.
4 CANDLEWOOD CREEK LLC 2201.994
710 N. PUNKINTON AVE SWTE 1200
MILWAUKEE, WI 53203
94 NON ASSESSABLE FRONTAGE.
n5 DEFERRED FRONTAGE.
1252.92 L.F. f 0.00 I 0.00
88.12 I 08.m7.io 1,148A8 L.F. 5
4.W ACRE S -14.500.00 5 171.050.001
I 27.857.10
COMMUNITY NAME: CITY OF MUSKEG0
PROJECT LOCATION ASSESSMENT DISTRICT "RD"
PROJECT DESCRIPTION: Moorland Road Woods Road to
DATABASE 1.0. NUMBER: MR 0362
inr dlle Roz
THE FOLLOWING PROPERTIES ARE BENEFITED BY THE PROPOSED IMPROVEMENTS:
PAGE2
NO, OWNERS NAME AND ADDRESS TAX KEY NUMBER CODE DESCRIPTION OWNTIN UNIT COST TOTAL COST TOTAL ASSESSMEKI
ASSESSMENT REPORT TOTALS S4 NON ASSESSABLE FRONTAGE. 1.232.82 L.F. t 0.W s 0.00
85 DEFERRED FRONTAGE. 4.510.28 L.F. f 88.12 S 388.425.31
88 DEFERRED FRONTAGE. 1,321.10 LF. I 86.12 I 113.773.13
98 UNDCREDIT. 2.9 ACRE I -3O.OOO.W I -~,000.00
S -14.5W.OO $ (71.050.00) 99 LANDCREDIT. 4.9 4CRE
100 Lmeloper MdlUom 1.00 UNIT 87,500.00 87.500.00
I 443,84845