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CCR2003217. . .~ COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #217-2003 PRELIMINARY RESOLUTION DECLARING INTENT TO LEVY AREA-WIDE WATER CAPACITY ASSESSMENT FOR DEBT SERVICE FOR WATER SERVICE UNDER 966.0703, WISCONSIN STATUTES (13th Amended WCA District) RESOLVED by the Common Council of the City of Muskego, Waukesha County, Wisconsin, as follows: 1. The Common Council hereby declares its intent to exercise its power under 966.0703, Wisconsin Statutes to levy area-wide water capacity assessments upon property within the following described territory located within the City for benefits conferred upon such properties as a result of debt service and retirement for water connections to provide water service to the entire territory described: See attached legal description marked "Exhibit A" and attached map marked "Exhibit Boo 2. The amount of the water capacity assessment (WCA) proposed to be levied shall be determined by the city's financial consultant, its consulting engineer and the Public Utilities Committee, and it is anticipated that said assessment shall be determined on a residential equivalency unit basis. 3. The assessment proposed to be levied is to be levied against all lots and parcels of real estate located within the territory above described which are not presently, at the time of the final resolution levying the special assessment, actually connected to the public water and receiving the immediate benefit, and against all lots and parcels of real estate actually connected and receiving an immediate benefit. 4. The water capacity assessment (WCA) proposed to be levied is based upon the police power of the City of Muskego and is to be levied for the benefit given to all unconnected real estate in the City of Muskego for the benefit conferred upon that unconnected real estate for the availability of a capacity in the water system and against all connected real estate for the immediate capacity now to be utilized. 5. The water capacity assessment (WCA) proposed to be levied herein may be allowed to be paid in installments. The exact schedule of those properties immediately assessed and installments thereon shall be determined when the final resolution is adopted. Resolution #217-2003 Page 2 . 6. The consulting engineers for the City of Muskego, Ruekert & Mielke, are hereby directed to prepare a report providing for all estimated costs of the total water capacity purchased, a total list of all properties to be assessed and a schedule of proposed assessments against the specific properties to be assessed. Said report, when completed, shall be filed with the City Clerk. 7. The City Clerk, after receiving the report, is directed to publish a Class 1 notice of a public hearing on this proposed resolution levying special assessments, the hearing to be held at City Hall at a time set by the Clerk as specified in ~66.0703(7)(a), Wisconsin Statutes. DATED THIS 14th DAY OF October ,2003 CITY OF MUSKEGO I~ Mark A. Slocomb, Mayor . ATTEST: ~ J n K. Marenda, Clerk-Treasurer 9/2003jmb . . EXHIBIT "A" September 5, 2003 Thirteenth Amended Legal Description for the Water Connection Assessment (WCA) District Parcell All that part of Southeast Y-í of Section 13, and the Northeast Y-í, Southeast Y-í, and Southwest Y-í of Section 24, and the Northeast Y-í, Southwest Y-í, and Northwest Y-í of Section 25, and the Northeast Y-í, and Southeast Y-í of Section 26, all in Town 5 North, Range 20 East, in the City of Muske go, Waukesha County, Wisconsin, bounded and described as follows: . Commencing at the Southeast comer of Outlot 1, in North Cape Farms, a subdivision in the City of Muske go, said point located on the East line of the Southeast Y-í of said Section 13, said point also being the point of beginning; thence Southerly along said East line 741.72 feet, to the Southeast comer of the Southeast Y-í, of said Section 13; thence Southerly along the East line of the Northeast Y-í, and Southeast Y-í of said Section 24, a distance of5,314.38 feet, to the Northeast comer of the Northeast Y-í of said Section 25; thence Southerly along the East line of said Northeast Y-í, a distance of 1,007 feet more or less to the Northwest line of a 100 feet wide Wisconsin Electric right-of-way; thence Southwesterly along said Northwest right-of-way line 6,925 feet more or less to the North line of Parcel 2, Certified Survey Map No. 8412; thence Westerly along the North lines of Parcel 2, Parcell, and Outlot 1, of said Certified Survey Map No. 8412, a distance of 1904.64 feet, to the West line of the Southeast Y-í of said Section 26; thence Northerly along said West line 1331.69 feet, to the Northwest comer of said Southeast Y-í Section; thence Northerly along the West line of the Northeast Y-í of said Section 26, a distance of 1336 feet more or less to the South line of a property identified by Tax-key No. 2261- 980; thence Easterly along said South line and along the South line of a property identified by Tax-key No. 2261-991, a distance of 1332 feet more or less, to the West line ofthe Northeast Y-í, of the Northeast Y-í of said Section 26; thence Northerly along said West line 1,164 feet more or less to the South line of Parcel 2, Certified Survey Map No. 8229; thence Easterly along the South line of said Parcel 2, and Parcell of said Certified Survey Map No. 8229, a distance of250.00 feet to the East line of said Parcel 1; thence Northerly along said East line, 174.30 feet to the centerline of Ryan Road right-of-way; thence Easterly along said centerline, 1070 feet more or less to the Centerline of Boxhom Drive right-of-way; thence Northerly along said centerline 990.00 feet to the South extended property line of a parcel ofland identified by Tax-key No. 2255-985; thence Easterly along said South line 990.00 feet, to the West line of a parcel identified by Tax-key No. 2255-981; thence Northerly along said West line 331 feet more orless to the North line of said parcel; thence Easterly along said North line and also the North line of a parcel identified by Tax-key No. 2255-980, a distance of 341.48 feet; thence Easterly 125.64 feet, to the Southwest comer of a parcel ofland identified by Tax-key No. 2255- 999; thence Easterly along said South line 1,206.09 feet to the West line of Parcel 1 . 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Certified Survey Map No. 3189, said line also being the West line of the Southeast \4 of said Section 24; thence Northerly along said West line 1335.52 feet to the Northwest comer of said Southeast \4; thence Northerly along the West line of the Northeast \4, a distance of 30 feet more or less to the North right-of-way line ofBoxhom Drive; thence Easterly along said North line 1,415 feet more or less, to the Westerly right-of-way line of North cape Road; thence Northeasterly along said West line 2,298 feet more or less, thence Northwesterly along said West line 77 feet more or less to the Southerly right-of- way line of Durham Drive; thence Northwesterly along said Southerly line 343 feet more or less, to the extended East line of Parcel 1, Certified Survey Map No. 7155; thence Northerly along extended East line 127 feet more or less to the Southeast comer of said Parcell; thence continuing Northerly along the East line of said Parcell a distance of 895.44 feet, to the Northeast comer of said Parcell; thence Easterly along the North line of a property identified by Tax-key No. 2212-999-001, a distance of383 feet more or less, to the Westerly line of a property identified by Tax-key No. 2212-995; thence Northerly along said West line 250.00 feet, to the North line of said Parcel; thence Easterly along said North line, 251.33 feet, to the centerline of North cape Road right-of- way; thence Southwesterly along said centerline 589 feet more or less, to the extended South line of said North Cape Farms; thence Easterly along said South line 509 feet more or less, to the Southeast line of said Subdivision; thence Northeast along said Southeast line, 321.00 feet to the point of beginning. Parcel 2 . All that part of Southeast \4, and Southwest \4 of Section 13, and the Northeast \4, and Northwest \4, of Section 24, all in Town 5 North, Range 20 East, in the City of Muske go, Waukesha County, Wisconsin, bounded and described as follows: - Commencing at the Southwest comer of Parcel 1, of Certified Survey Map No. 3641, said point also being the point of beginning; thence Southerly along the West line of the Northeast \4 of said Section 24 a distance of 1380 feet more or less, to the South line of a property identified by Tax-key No.2254-999-002; thence Westerly along said South line 622.50 feet to the West line of said Parcel; thence Northerly along said West line 865.34 feet; thence Northeasterly 157.08 feet along the arc of curve said center lying to the Northwest, having a radius of 60 feet; thence Northerly along the West line of said Parcel, 809 feet more or less to the North right-of-way line ofPriegel Drive; thence Easterly along said North line 396 feet more or less to the West line of a property identified by Tax-key No.2211-997-001; thence Northerly along said West line, 284 feet more or less to the South line of a property identified by Tax-key No. 2211-998; thence Easterly along said South line 175.00 feet to the Northwest comer of Certified Survey Map No. 708; thence Easterly along the North line of said Certified Survey Map a distance of235.72 feet, to the West line of Parcel 1, Certified Survey Map No. 1222; thence Northerly along said West line 45.34 feet to the North line of said Parcell; thence Easterly along the North line of Parcel 1, and Parce12, of said Certified Survey Map No. 1222, a distance of 400.00 feet, to the East line of said Parcel 2; thence Southerly along said East line 360 feet more or less to the South right-of-way line of said Priegel Drive; thence Westerly along said South line, 459 feet more or less to the East line of Parcel 1, Page 2 of3 . Certified Survey Map No. 3641; thence Southerly along said East line 373.77 feet, to the South line of said Parcell; thence Westerly along said South line 175.00 feet to the point of beginning. (See Attached Map) Daniel Flamini, RLS #2486 . . Page 3 of3 ) ) ..~-~:~) þJB 0 Scale: I 2,250 I Prepared by City of Muskego Planning Department 09/05/03 1,125 I 4.500 Feet I Exhibit B 13th Amended WCA District Map LEGEND 0 Proposed WCA Amendment 13 0 Existing WCA District D Property N Right-of-Way N +