CCR2003056.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #056-2003
FINAL RESOLUTION AUTHORIZING AREA WIDE WATER CAPACITY
ASSESSMENT FOR WATER SERVICES UNDER WISCONSIN STATUTE 66.0703
AND LEVYING WATER CAPACITY SPECIAL ASSESSMENTS
AGAINST BENEFITED PROPERTY (WCA)
(Eighth Amended WCA District)
WHEREAS, the Common Council of the City of Muskego, Wisconsin, held a
public hearing at the Muskego City Hall at 6: 15 PM on March 25, 2003, for the purpose
of hearing all interested persons concerning the preliminary resolution and report of the
City Engineer on the proposed water capacity special assessments for providing the
availability of water service 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
water capacity, including any amendments and modifications thereto, and including
plans and specifications, is adopted and approved.
2. That the Common Council shall advertise for bids and carry out the
improvements in accordance with the report and any amendments and modifications
thereto of the City Engineer.
3. That payment for said water capacity be made by assessing part of the
cost to the property benefited as indicated in the report and amendments and
modifications thereto.
4. That assessments shown on the report, including any amendments and
modifications thereto, do represent an exercise of the police power as per s66.0703,
Wisconsin Statutes, have been determined on a reasonable basis and are hereby
confirmed. That the number of water capacity assessments units (WCA units) to be
assigned shall be ,determined as stated in the City Engineer's report, including any
amendment and modification thereto, as adopted by the City of Muskego. The water
capacity charge shall be as follows:
CateQorv 1
Properties that are connected to existing public water service prior to November
1, 2003, and those properties being served by public water service only after being
served by a private water system because public water service was not available, will
pay $990.00 per WCA unit. The assessment stated above shall be paid on or before
November 1, 2003, or if public water service is not connected on or before November 1,
2003, the first November 1st after which public water service is connected. The $990.00
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Reso. #056.2003
8th Amended WCA District
Page 2
assessment per WCA unit will be increased by $36.00 per water capacity assessment
unit per year commencing on the 1st day of January, 2004.
That properties which receive water service from a water trust prior to receiving
public water service may receive a reduction in water capacity assessment to be
negotiated between the City and said water trust at the time the water trust becomes a
part of the public water system based on the value of the assets of the water trust to the
public water system.
Cateqorv 2
All properties not specifically included in Category 1 shall be in Category
2, specifically including all properties which were connected to public water service on
or after November 1, 2003, and where there was no previous use of a private water
system. The assessment for said properties shall be $1650.00 per WCA unit. The
amount of said assessment shall be paid on or before the first November 1st after public
water service connection. The $1650.00 assessment per WCA unit will be increased by
$60.00 per water capacity unit per year commencing on the 1st day of January, 2004.
5. That the assessments for those connecting to the City of Muskego water
system on or before November 1, 2003 may be paid in cash in full on or before
November 1, 2003, or in five (5) equal annual installments of principal together with
twelve (12) months interest per installment at the rate of 8% per annum on the unpaid
balance commencing on November 1, 2003, 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.
All assessments for those connecting to the City of Muskego water system after
November 1, 2003, may be paid in cash in full on or before the first November 1 st after
connection or in five (5) equal annual installments of principal together with twelve (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.
6. That all water capacity assessments are deferred as stated in paragraph 4
of this Resolution and on the terms and conditions stated therein.
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Reso. #056-2003
8th Amended WCA District
Page 3
7. 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.
DATED THIS 25th DAY OF March ,2003
This is to certify that this is a true and accurate copy of Resolution #056-2003 which
was adopted by the Common Council of the City of Muskego.
rK Þ1~ CI -Treasurer
Published this 3rd day of April, 2003
3/03mep
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EXHIBIT "A"
October 16, 2002
Eighth Amended Legal Description for the
Water Connection Assessment (WCA) District
All that part of the Northeast y., Southeast y., and the Southwest Y. of Section 2, Town 5
North, Range 20 East, City of Muske go, Waukesha County, Wisconsin, bounded and
described as follows:
Conunencing at the Southwest comer of the Northeast Y. of Section 2, said point also
being the point of beginning; thence Easterly along the South line of said Northeast Y.
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 comer of Parcel 2 Certified Survey Map No. 2962; thence Northerly along the
West line of said parcel 2, 150.50 feet to the Northwest comer of said parcel 2; thence
Northeasterly along the North line of said parcel 2, 313.36 feet to the West right-of-way
line of Tess Comers Drive; thence Northwesterly along said right-of-way line 316 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 comer of Parcel 2, Certified Survey Map
No. 3480; thence along the South line of said Parce1576.38 feet, to the West line of Lot
1, Certified Survey Map No.1 077; 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 Y. of said Section 2, said North line also being the centerline
of College Avenue and the North line of Muske go City Limits; thence Easterly along said
North line 990.66 feet to the Northeast comer of said Y. Section; thence Southerly along
the East line of said Y. Section 714 feet more or less; thence Easterly 270.79 feet; thence
Northeasterly 248.86 feet; thence Northerly 597 feet more or less to the North line of the
Northwest Y. of Section 1, said line also being the centerline of College Avenue; thence
Easterly along said North line and centerline 1653 feet more or less; thence Southerly 214
feet more or less to the South right of way line of Janesville Road (C.T.H. "L"); thence
Southwesterly along said right of way line 688 feet more or less, to the Northwest comer
of Lot 14, Block 17, Fountainwood Addition No.3; thence Southerly along the West line
of Lots 14, 15, 16, 17, and 18, Block 17 of said Subdivision 558.05 feet to the North line
of Lot 19, Block 17 of said Subdivision; thence Southwesterly along said North line
120.00 feet, to the East line of Lot 20, Block 17, of said Subdivision; thence Northerly
along the East line of said lots 20, 21, 22, 23, Block 17 of said Subdivision 558.05 feet, to
the said South Right of way line; thence Southwesterly along said South line 1525 feet
more or less, to the West line of said Northeast Y. Section, said line also being the West
line of said Fountainwood Addition No.3 Subdivision; thence Southerly along said West
line 905 feet more or less, to the Southwest comer of said Northeast Y. Section; thence
Southerly along the West line of the Southwest Y. of said Section 1, 431.70 feet, to the
Southeast comer 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 Y. Section
2; thence Westerly along said Y. Section line 357 feet more or less to the East right-of-
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Exhibit "A"
Eighth Amended Legal Description for the WCA District
October 16, 2002
Page 2
way line of Tess Comers Drive; thence Southeasterly along said right-of-way 192 feet
more or less; thence Northwesterly 313 feet more or less to the East line of Parcel 2,
Certified Survey Map No. 6642, said point also being the Southwest comer oflands
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
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 Soùtheast 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 oflands designated by Tax key No. 2167-998-001; 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 331.55 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 comer 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 Cornell 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
S29055'26"W with a chord length of259.72 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 comer 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
331.00 feet to the Southwest comer of Lot 1, in said Subdivision; thence Northerly along
the West line oflots 1 and 2, of said Subdivision, 207.61 feet to an angle point; thence
Northerly along the West line of Lots 2,3, and 4 of said Subdivision, 337.38 feet to the
South line of the Northwest Y. , Section 2, said point also being the Northeast comer of
Lot 4 in said Subdivision; thence 242.01 feet along said South line to the Southwest
comer of said Northeast y., said point also being the point of beginning (See Attached
Map)
Daniel Flamini, RLS #2486
CC/ResolutionsJR204-2002wca8th-legal.doc
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Scale: I
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Prepared by City of Muskego
Planning Department
10/17/2002
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EXHIBIT "B"
8th Amended WCA District
Map
LEGEND
D WCA 8th Amended District
D Property N
N Right-of-way +
-.rv-- Hydrography