CCR2002102COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #102-2002
FINAL RESOLUTION AUTHORIZING
FOR SEWER SERVICE UNDER 966.0703, WI STATUTES,
AND LEVYING RESERVE CAPACITY ASSESSMENTS (RCA)
AGAINST BENEFITED PROPERTY
AREA-WIDE RESERVE CAPACITY ASSESSMENT
WHEREAS, the Common Council of the City of Muskego. Wisconsin, held a
public hearing at City Hall at 7:20 PM on May 14, 2002 for the purpose of hearing
all interested persons concerning the preliminary resolution and report of the City
Engineer on the proposed reserve capacity special assessments for providing
the availability of sewer capacity and other capital expenditures in the area
described in documents attached hereto, made a part hereof and marked Exhibit
"A and Exhibit "B", and heard all persons who desired to speak at the hearing;
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of
Muskego, as follows:
1 That the report of the City Engineer pertaining to the above
described reserve capacity for sewer service, including any
amendments and modifications thereto, and including plans
and specifications, is adopted and approved.
That the Common Council shall advertise for bids and carry
out the improvements in accordance with the report and any
amendments or modifications thereto of the City Engineer
That payment for the said capacity be made by assessing
part of the cost to the property benefited as indicated in the
report and amendments and modifications thereto.
That assessments shown on the report, including any amendments
or modifications thereto, do represent an exercise of the police
powers as per Section 66.0703 WI Stats., have been determined
on a reasonable basis and are hereby confirmed. That the number
of residential equivalency units to be assigned for future
development shall be determined as stated in the City Engineers
report, including any amendment of modifications thereto as
adopted by the City of Muskego. The reserve capacity charge shall
be as follows:
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Resolution #102-2002 Page 2
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Existinq Users
ProDertv owners whose imDroved lot h been conn .. cted to City
sewer prior to January 1,2002 will pay a reserve capacity
assessment of $587.50 per residential equivalency connection.
Properties being sewed prior to public sewer connection by septic
system, mounds and holding tanks will pay this assessment on or
before November 1 in the year the plumbing permit is obtained to
connect to the sewer, except if said permit is obtained after
November 1 in any calendar year, the assessment will be paid on
or before November 1 of the next calendar year This $587.50
assessment shall increase by $22.50 per residential equivalency
connection per year commencing January 1,2003.
Future Users
Properties where public sewer connection takes place or additional
capacity is made available after January 1, 2002, and which are not
being served by a septic system, mounds or holding tank, will pay a
reserve capacity assessment of $3,525 per residential equivalency
connection on or before November 1 of the year of connection or
the year when additional capacity is made available after November
1 in any calendar year, the assessment will be paid on or before
November 1 of the next calendar year This reserve capacity
assessment will increase by $135 each January 1 commencing on
January 1,2003.
That the assessments for those connecting to the City of Muskego
sewer system on or before the dates of passage of this resolution
may be paid in cash in full on or before November 1, 2002, or in
five (5) equal annual installments of principal together with 12
months interest per installments 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 thereafter 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 delinquency real
estate taxes shall apply to such special assessment, except as
otherwise provided by statute. Existing users as defined above
who are not connected will be given the five installment method
provided, however, the first installment shall be due and payable on
or before November 1 in the year the plumbing permit is issued
except if said permit is obtained after November 1 in any calendar
year, the assessment will be paid on or before November 1 of the
next calendar year.
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Resolution #102-2002 Page 3
Future users may pay their assessment in five (5) equal annual
installments of principal together with 12 months interest per
installment at the rate of 8% per annum commencing on November
1 in the year of connection or in the year additional capacity is
made available except if said connection or additional capacity is
made available after November 1 in any calendar year, then
commencing on November 1 of the next calendar year and said
first installment being due on the date when real estate taxes are
due and annually thereafter 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 delinquency
real estate taxes shall apply to such special assessment, except as
otherwise provided by statute.
That all reserve capacity assessments are deferred as stated in
Paragraph 4 of this resolution and on the terms and conditions
stated therein except those sewer connections made prior to
January 1,2002.
That the City Clerk 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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DATED THIS DAY OF ,2002
SPONSORED BY:
Mayor Mark A. Slocomb
This is to certify that this is a true and accurate copy of Resolution #102-2002
which was adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
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Exhibit "A
MUSKEG0 AREA WIDE RESERVE CAPACITY
ASSESSMENT DISTRICT
LEGAL DESCRIPTION
All that part of Sections 1,2, 3,4,5,7,8,9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 21,
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:
Commencing at the Northwest corner of the Northeast quarter section of Section 5,
Range 5, Township 20; thence Easterly along the Northern corporate limits of the City of
Muskego to the Northeast corner of the corporate limits; thence Southerly along the Eastern
corporate limits of the City of Muskego to North Cape Road; thence Southwesterly along North
Cape Road to Schaefer Road; thence westerly along Schaefer Road to the western end of
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
the North line of the Southeast quarter section of Section 13; thence westerly along the North line
of the Southeast and Southwest quarter sections of Section 13 to a point approximately 390 feet
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
Road; thence continuing Northerly along Woods Road to the Wisconsin Electric Power Company
right-of-way just South of Janesville Road; thence Southwesterly along the Wisconsin Electric
Power Company right-of-way to the intersection with Janesville Road; thence continuing
Southwesterly along Janesville Road to the intersection with the west line of the Southwest
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
1165 feet to a point; thence westerly approximately 110 feet to a point; thence Northerly
approximately 1330 feet to the intersection with the South line of Section 5; thence westerly
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
Easterly and Northerly along the corporate limits to the point of beginning, said point being the
Northwest corner of the Northeast quarter section of Section 5. The exact location of 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.
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CITY OF MUSKEG0 RESEVE CAPACITY ASSESSMENT DISTRICT SOUTEAST
AREA FACILITIES AREA
All 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 dong 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 of Northwest Quarter (NW !4) of Section 26;
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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
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.
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2002 Additions
Being part of the Southeast %, and Southwest % of Section 13, Town 5 North, Range 20
East, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as
follows:
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 of Durham 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 East line of
said parcel, said East line also being the West line of parcel I of Certified Survey Map
No. 7155; thence Northerly along said West line178.21 feet to the Northeast comer of
said Parcel 1, said point also being the Southeast comer of parcel identified by Tax-key
No. 221 1.999; thence Northerly 1794 feet more or less to the North line of the South
East % of said Section 13; thence Westerly along said North line 827.64 feet to the
Northwest comer of said % Section; thence Westerly along the North line of the said
Southwest !4 1356 feet more or less to the point of beginning. Containing 72.6 acres
more less.
Being part of the Northeast !4, Southeast %, and Southwest % of Section 25 and the
Northeast % and Southeast !4 of Section 36, Town 5 North, Range 20 East, in the City of
Muskego, Waukesha County, Wisconsin, bounded and described as follows:
Commencing at the intersection of the North line of the Northwest % of Section 36 and a
point 400 feet Southeasterly and perpendicular 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
comer of said % Section; thence Southerly along the West line of the Southeast !4 of said
Section, 1343 feet more or less to the south 1/16 line of said I/s Section; thence Easterly
along said 1/16 line,1312 feet more or less to the center of said Yt Section; thence
Southerly along the West 1/16 line of said % Section 308 feet more or less; thence
Easterly 13 12 feet more or less to the East line of said % Section; thence Northerly along
the East line of said % Section, said line also being the East boundary of the City of
Muskego, 1668 feet more or less to the Northeast % of said % Section; thence Northerly
along the East line of said % Section, and said East boundary of the City of Muskego,
2709 feet to the Northeast comer 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 !4 Section; thence Continuing Northerly along said
East City boundary line, said line also being the East line of the Northeast % of said
Section, 7 16 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 0
400 feet South of and perpendicular to Loomis Drive; thence Southwesterly along said
line to the point of beginning. Containing 479.7 more or less.
Being part of the Northwest !4 of Section 21, Town 5 North, Range 20 East, in the City of
Muskego, Waukesha County, Wisconsin, bounded and described as follows:
Commencing at the Northeast comer of the Northwest !4 of Section 21, said point also
being the point of beginning of lands described herein; thence Southerly along the East
line of said !4 Section 1325 feet more or less; thence Westerly 1192 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 !4 Section; thence Easterly along said North line 933 feet more or less
to the said Northeast comer and the point of beginning. Containing 32.8 acres more or
less.
Being part ofthe Southwest % of Section 5, Town 5 North, Range 20 East, in the City of
Muskego, Waukesha County, Wisconsin, bounded and described as follows:
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 !4 Section; thence
Westerly along said North line 461 feet more or less to point of beginning. Containing
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14.2 acres more or less.
Being part of the Northeast %, and Northwest !4 of Section 20 and Northwest !4 of 0
Section 21, Town 5 North, Range 20 East, in the City of Muskego, Waukesha County,
Wisconsin, bounded and described as follows:
Commencing at the intersection of the centerline of C.T.H. Y (Racine Avenue) and the
South line of the Northwest !4 of Section 21, said point also being the point of beginning
of lands described herein; thence Westerly along South line the to Southwest Comer of
said !4 Section; thence continuing Westerly along the South line of the Northeast % of
Section 20,2,672 feet more or less to the Southwest comer of said !4 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
!4 Section; thence Easterly along said North line 1342 feet more or less to the Northwest
Comer of said Northeast !4 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 !A of said Section 21, thence Southerly along the West line of said !4 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. Containing
292.8 acres more or less. a