CCR2003057.
.
.
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #057-2003
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)
(Tenth Amended WCA District)
WHEREAS, the Common Council of the City of Muskego, Wisconsin, held a
public hearing at the Muskego City Hall at 7:20 P.M. on the 11th day of March 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 966.0703,
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 1 sl after which public water service is connected. The $990.00
.
.
.
Reso. #057-2003
10th 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 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 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 1st 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.
.
.
.
Resa. #057-2003
10th 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 #057-2003 which
was adopted by the Common Council of the City of Muskego.
~K P1~ CI -Treasurer
Published this 3rd day of April, 2003
3/03mep
.
.
.
EXHIBIT "A"
January 10, 2003
Tenth Amended Legal Description for the
Water Connection Assessment (WCA) District
All that part of Section 11, and Section 12, and the Northwest %, Southwest %,
and Southeast % of Section 13, and the Northeast %, Southeast % of Section 14,
and the Northeast % of Section 24, all in Town 5 North, Range 20 East, in the
City of Muskego, Waukesha County, Wisconsin, bounded and described as
follows:
Commencing at the Northeast corner of the Southeast % of Section 12, said
point also being the Northeast corner of Lake Brittany Estates, and also being the
point of beginning; thence Southerly along the East line of the Southeast % of
said Section 12, a distance of 2659.1 0 feet to the Southeast corner of said
Southeast %; thence Southerly along the east line of the Northeast %, of Section
13, a distance of 25.00 feet to the South right-of-way line of the Wisconsin
Electric and Power Company; thence Westerly along said right-of-way line, 2662
feet more or less to the West line of said Northeast %; thence Continuing
Westerly along said right-of-way, 1,330 feet more or less to the West line of the
East % of the Northwest % of said Section 13; thence Southerly along said West
line 993 feet more or less to the Northwest corner of Parcel 1 Certified Survey
Map No. 8915; thence continuing Southerly along said West line 802.11 feet;
thence Easterly, 270.00 feet; thence Southerly 357.99 feet, to the North right-of-
way line of Hi View Drive; thence continuing Southerly 60 feet more or less to
the South right-of-way line of said Drive; thence Easterly along said right-of-way
line 155 feet more or less to the Northwest corner of lands identified by Tax-key
No. 2110-998; thence Southeasterly along the West line of said lands 490.67
feet to the South line of the Northwest % of said Section 13; thence Easterly
along said South line 631.17 feet to the Northwest corner of the Southeast % of
said Section 13; thence Easterly along the North line of said Southeast %, said
line also being the South line of Highview Acres, an Unrecorded Plat, 1676.53
feet; thence Southerly 167.00 feet, to the North line of Parcel 2, Certified Survey
Map No. 159; thence Westerly along said North line 143.89 feet, to the West line
of said Parcel 2; thence Southerly along said West line 628.00 feet to the South
right-of-way line of Schaefer Road; thence Southeasterly 122.27 feet along said
South line and along the arc of a curve whose center is to the Southwest, with a
radius of 190.00 feet, with a chord length of 120.17 feet; thence Southeasterly
199.49 feet along said South line and along the arc of a curve whose center is to
the Northeast, with a radius of 310.00 feet, with a chord length of 196.06 feet;
thence Easterly along said South line 133.36 feet to the Southwesterly right-of-
way line of Northcape Road (C.T.H. "00"); thence Southeasterly along said
Southwest line 171.44 feet, to the Westerly right-of-way line of said Northcape
Road; thence Southerly along said West line 497.88 feet; thence Westerly
Page 1 of4
.
.
,
251.33 feet; thence Southerly 250.00 feet; thence Westerly 383 feet more or
less to the East line of the West % of the Southeast y., of said Section 13, said
line also being the East line of Parcel 1 Certified Survey Map No. 7155; thence
Southerly along said East line 895.44 feet to the South line of the Southeast y.,
of said Section 13; thence Continuing Southerly 127 feet more or less to the
Southerly right-of-way line of Durham Drive; thence Southeasterly along said
right-of-way line 343 feet more or less to the Westerly right-of way line of said
Northcape Road; thence Southeasterly along said right-of way line 77 feet more
or less; thence Southwesterly along said right-of-way line 2,298 feet more or
less, to the North right-of-way line of Boxhorn Drive; thence Westerly along said
North line to the West line of the Northeast y., of said Section 24; thence
Northerly along said West line 2,218 feet more or less to the South property line
of Parcel 1
, Certified Survey Map No. 3641; thence Easterly along said South
line 175.00 feet to the East line of said Parcel 1 ; thence Northerly along said
East line 373.77 feet to the South right-of-way line of Priegel Drive; thence
Easterly along said South line 459 feet more or less to the East extended
property line of Parcel 2, Certified Survey Map No. 1222; thence Northerly along
said East line 360 feet more or less to the North property line of said Parcel 2;
thence Westerly 400 feet along the North line of Parcel 2 and Parcel 1
, of said
Certified Survey Map No. 1222, to the West line of said Parcel 1 ; thence
Southerly along said West line 45.35 feet to the North line of Certified Survey
Map No. 708; thence Westerly along said North line 235.72 feet to the East line
of the Southwest y., of said Section 13; thence Westerly along the North line of
properties identified by Tax-key Numbers 2211-997-001, and 221-997, said line
also being the South line of a property identified by Tax-key No. 2211-998 a
distance of 2662 feet more or less, to the West line of said Southwest y., section;
thence Westerly along the North line of Parcel "A" Certified Survey Map No. 268,
a distance of 631 feet more or less to the shore line of Big Muskego Lake;
thence Northerly, and Westerly along the shore line of Big Muskego Lake, to the
Southerly line of a property identified by Tax-key No. 2213-980, said point being
West, 135 feet more or less from the Southeast corner of said property; thence
Easterly along the South line of said property, and also along property identified
by Tax-key No. 2213-986, a distance of 268 feet more or less to the East
property line of said Tax-key No.2213-986; thence Northerly along said East
line 1163 feet more or less, to the South line of lands identified by Tax-key No.
2213-987; thence continuing Northerly along the East line of said parcel 2213-
987, a distance of 483.50 feet to the South line of a property identified by Tax-
key No. 2213-988; thence Westerly along said line 100 feet more or less, to the
Easterly right-of-way line of Schultz Lane; thence Northerly along said East line,
222 feet more or less to the Southwesterly right-of-way line of Durham Drive;
thence Northwesterly along said Southwesterly right-of-way line, 96 feet more or
less, to the South line of a property identified by Tax-key No. 2213-985; thence
422.93 feet to the West line of said Parcel; thence Northerly 119.68 feet to the
South right-of-way line of the Wisconsin Electric and Power Company; thence
Westerly along said right-of-way line 931 feet more or less to the West line ofthe
Northeast y., of said Section 14; thence Northerly along said West line 25 feet
Page 2 of 4
.
.
'.
more or less to the Southwest corner of the Southeast % of Section 11; thence
Northerly along the West line of the Southeast % of Section 11, a distance of
1332 feet more or less to the South line of Baylawn Addition No, 3; thence
Westerly along said South line 1133 feet more or less to the East line of Lot 75,
Block 6, in said Subdivision; thence Northerly along said East line 175.00 feet, to
the North line of said Lot 75; thence Westerly along said North line 25,00 feet to
the East line of Lot 74, Block 6, in said Subdivision; thence Northerly 186.30 feet
to the Northeast corner of said Lot 74; thence Northeasterly 101 feet more or
less to the Southeast corner of Lot 24, Block 4, in Baylawn Addition No.2;
thence Northwesterly along the Westerly line of said Lot 24, a distance of 174,60
feet, to the North line of said Lot 24; thence Northeasterly along said North line
80,00 feet, to the Southwesterly line of Lot 21, Block 4, in said Subdivision;
thence Northwesterly along said Southwest line 158.00 feet to the Southerly
right-of-way line of Woods Road; thence Northerly along said right-of-way line
825.23 feet, to the South line of a property identified by Tax-key No. 2202-997;
thence Southwesterly 32 feet more or less to said Southerly right-of-way line;
thence Northerly along said right-away line 317 feet more or less; thence
Northeasterly along said Woods Road right-of-way line 38 feet more or less;
thence Southeasterly along said right-of-way line, 17 feet; thence Northeasterly
along said right-of-way line 432.36 feet; thence Northwesterly along said right-of
way 17.00 feet; thence Northeasterly along said right-of-way 223 feet more or
less; thence Southeasterly along said right-of -way 17 feet more or less; thence
Northeasterly along said Woods road right-of-way, 563 feet more or less to the
Southwest line of Parcel 1
, Certified Survey Map No.8888; thence Southeasterly
along said Southwest line 210.00 feet to the Southeast line of said Parcel 1 ;
thence Northeasterly along said Southeast line 110.06 feet, to the West line of
Lot 27, Durhamswood Addition No.1; thence Southerly along the West line of
lots 27, 26, and 25 of said Subdivision, 488.07 feet to the North line of Lot 2,
Block "A", Freedom Acres Subdivision; thence Westerly 7.00 feet to the West
line of said Lot 2; Thence Southerly along said West line 179.52 feet to the
Southwest corner of said Lot 2; thence Southeasterly 80 feet more or less, to the
Northwest corner of Lot 9, Block "B", of said Subdivision; thence Southerly along
the West line of said Lot 9, a distance of 150.88 feet, to the Southerly line of said
Lot 9; thence Southeasterly along said South line 120.00 feet to the Northern
most corner of Lot 2, Block "B", of said subdivision; thence Southwesterly 92.00
feet, to the West line of said Lot 2; thence Southerly along said West line 164.77
feet, to the Southwest corner of said Lot 2; thence Southeasterly 96 feet more or
less to the Northwest corner of Lot 1, Block "C" in said Freedom Acres
Subdivision; thence Southerly along the West line of said Lot 1 a distance of
165.01 feet to the South line of said Lot 1; thence Easterly along the South line
ofLots 1,2, and 3 in said Block "C", a distance of 351.70 feet; thence Southerly
along the West line of Lots 4 and 6 in said Block "C", a distance of 259.00 feet to
the North line of Lot 7, in said Block "C"; thence Easterly along said North line,
160.34 feet to the Northeast corner of said Lot 7; thence Northeast 91 feet more
or less to the Southwest corner of Lot 8, Block "E", in said Freedom Acres
Subdivision; thence Southeasterly along the Southwesterly line of said Lot 8, a
Page 3 of 4
.
.
'~
distance of 168.20 feet, to the Northwesterly line of Lot 6; thence Northeasterly
along said Northwesterly line, 157.67 feet to the North line of said Block"E";
thence Easterly along the North line of Block "E", in said Freedom Acres
Subdivision 716.10 feet, to the Westerly right-of -way of Freedom Avenue;
thence Southeasterly 138 feet more or less to the Southerly most corner of Lot 1,
Block "F", Freedom Acres Addition No.1; thence Easterly 60 feet more or less to
the East line of Bluhm Drive, said line also being the West line of Lot 2, Certified
Survey Map No. 5709; thence Northerly along said right-of-way line, 372 feet
more or less to the South line of West Lake Estates; thence Easterly along said
South line 1,176.63 feet more or less to the West right-of-way line of Fairfield
Drive; thence Northerly along said West line 481.75 feet to the South line of Lot
2, Certified Survey Map No. 5280; thence Westerly along said South line 185.31
feet to the West line of said Lot 2; thence Northerly along the West line of Lot 2,
and 1 of said Certified Survey Map No. 5280, a distance of 230.00 feet, to the
North line of said West Lake Estates; thence Westerly along said North line
603.30; thence Northerly 60 feet more or less to the Southwest corner of Parcel
1, Certified Survey Map No. 5545; thence Northerly along the West line of said
Parcel 1, a distance of 370.00 feet; thence Northeasterly 134.52 feet to the
North line of said Parcel 1 ; thence Easterly along said North line 770.33 feet to
the Northwest corner of Certified Survey Map No. 9057; thence continuing
Easterly along the North line of said Certified Survey Map No. 9057, a distance of
398.32 feet to the Northwest corner of Parcel 1, Certified Survey Map No. 8847;
thence continuing Easterly along the north line of said Parcel, a distance of
206.35 feet to the East line of said Parcel 1 ; thence Southerly along said East
line 420.00 feet to the North right-of-way line of Courtland Lane; thence Easterly
along said North line 681 feet more or less, to the West line of Outlot 5, Lake
Brittany Estates Addition No.1; thence Northerly along said West line 331.93
feet to the North line of said Outlot 5; thence Easterly along the North line of
Lake Brittany Estates Addition No.1 and No.2, a distance of 1328.07 feet to the
East line of said Lake Brittany Estates Addition No.1; thence Southerly along
said East line 332.27 feet to the North line of the Southeast Y. of said Section 12;
thence Easterly along said North line 1327.51 feet to the Northeast corner of the
Southeast Y. of said Section 12, said point also being the point of beginning.
(See Attached Map)
Daniel Flamini, RLS #2486
Page 4 of 4
) )
\ ~ iÌ ) JT~ ~
.-u1..w.ø~~ ~ wooo"'~~ ~ ~~# r ~~~"'t.B ~ I ~"
::1
tfð t:
~"<~J;;.~FOX
~ _Y....< ~~~ ~ ~
~'H
~-n-rr- ~ J~~tli
~ "'..... ... l~ Lg aMYSTK:q
~If m- ~i1<<.l r~ COURT lJ[~ I /:.~omo IUCO f
?/f'.,{.,\1I1 I
/
...... BAY
1
1- """'~ -I::::
(~ J
"-J
-.......,J-J
~~I T~ ~
1
~ ! '----- SET11E~ J J.J.o ~~ ~
~$f
~wJ JJ;~~.g ~ C1 ~
~ ~~o ~ ~ :~ ~"'C :v ~
" =~T E~ ",~'41! 2 a"'" "-' g -~~?"",... ~ ~ E>S! COO<CORO ~~ "
-" -' \ '..-c:c.'.ft9: "~9A<o- CN<w-á m ~\~ ---",~iI ~ j6líFAU<f1ELI1CT. U "'-E.!!'<>Ge:'.
" --.- MCS- L . -- ~TIID
g ~
\ ~
,-1
~I~ ~
~. I
1\-1\-;- ~
, N, \ 'c::l\- 1 I ~EW ~ PJ=j
90~ ... ~~f"-:; "IT' I i
- / \-- HI --~~ .rr c
-.j \~Ii1Ií... "- I r I r
--~ ~", ~~~
~I À
r
~
~ " ~
I !-\. I ~ _oeeJ ,~~ ~
~
Z ~
~~ ~!pJ
.!Y-
- l~!:: r I:) ~
1=\\.. 2
~
~/ ~[r
~lM..
"""" ! D
a
It \
-.-c ~V ,7:J'
.~ ~'IY-~ ~
l
Big
Muskego
Lake
~ I I
(
u
t4[ f 1F II 11
m
I J
........ 00-
0
Scale: I
1,450 2,900
I
Prepared by City of Muskego
Planning Department
01/16/2003
)
Exhibit B
Tenth Amended WCA District
LEGEND
0 WCA 10th Amended Boundary
D Property
N Right-of-way
-rv-- Hydrography
N
+
5,800 Feet
I