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CCR2003244- COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #244-2003 PRELIMINARY RESOLUTION DECLARING INTENT TO LEVY AREA-WIDE WATER CAPACITY ASSESSMENT FOR DEBT SERVICE FOR WATER SERVICE UNDER 966.0703, WISCONSIN STATUTES (15th Amended WCA District-Lakewood Subdivision Area) 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 police 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 B" - 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 #244-2003 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 25th DAY OF November ,2003 CITY OF MUSKEGO I~~~ Mark A. Slocomb, Mayor - ATTEST: 11/2003jmb - , - EXHIBIT "A" November 12,2003 15th Amended Legal Description for the Water Connection Assessment (WCA) District - Being part of the Northeast 1/4, Southeast 1/4, Southwest 1/4, and the Northwest 1/4 of the Southeast 1/4, 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 Northwest corner of said Southeast 1/4, of Section 5; thence Easterly along the North line of said Southeast 1/4 a distance of 1178.95 feet, to the pdint of beginning; thence continuing Easterly along said North line 953.05 feet to the Northeast corner of Lot 57, in Lakewood Meadows Addition No.2; thence Southerly along a Easterly line of said Subdivision 424.00 feet to the Northwest corner of Lot 50, in said Subdivision; thence Easterly along the a North line of said Subdivision 321.86 feet to the West line of Lot 1 Certified Survey Map No. 4540; thence Southerly along said West line 110.00 feet to the North line of Lot 2 of said Certified Survey Map No. 4540; thence Easterly along said North line 191.82 feet to the East line of said Southeast 1/4 Section; thence Southerly along said East line 794.16 feet to the center line of Lembezeder Drive; thence Westerly along said center line 198 feet more or less to the Easterly extended property line of a property identified by tax-key no. 2180-980; thence Southerly along said East property line 457 feet more or less to the South line of said property; thence Westerly along said South line 106.63 feet to the Northeast corner of Parcel 2 of Certified Survey Map No. 9579; thence Southerly along the East line of said Parcel 2, a distance of 288.00 feet to the old Northerly right-of-way line of Gold Drive; thence Westerly along said right-of-way line 142 feet more or less to the Northeast corner of Parcel B, of Certified survey Map No. 2289; thence Southerly along the East line of said Parcel B, and Parcel A of said Certified Survey Map 2289, a distance of 187.91 feet; thence Southeasterly along the Easterly line of said Parcel A, a distance of 56.41 feet, to the Southeast corner of said Parcel A; thence Westerly along the South line of said Parcel A, 276.00 feet to the center line of Wetland Drive; thence Northerly along said center line 50 feet more or less to the Southeast corner of a property identified by tax-key no. MSKC 2180-979-002; thence Westerly along a South line of said property 315.05 feet to the West line of a property identified by tax-key no. MSKC 2180-966; thence Southerly along said West line 103.67 feet to a Southerly line of said property identified by tax-key no. MSKC 2180-979-002; thence Westerly along said South line 200.00 feet; thence continuing Westerly, along said South line 208.70 feet; thence continuing Westerly, along said South line 552.00 feet to the East line of a property identified by tax-key no. MSKC 2180-972; thence Northerly along said East line 179.2 feet, to the North line of said property; thence Westerly along said North line 188 feet more or less to the center line of Hillendale Drive; thence Northerly along said center line 970 feet more or less to the Southerly extended property line of Parcel 2 Certified Survey Map No. 3791; thence Easterly along said Southerly line 354.71 feet to the Easterly line of said Parcel 2; thence Northerly along the Easterly line of said Parcel 2, and Parcel10f said Certified Survey - Page 1 of2 - Map 3791, said Easterly line also being the Westerly subdivision line of Lake Meadows Add'n. No.1, a distance of253.71 feet; thence Westerly along said Subdivision line 41.39 feet; thence Northerly along said Subdivision line 239.47 feet; thence Northerly along said Subdivision line 440.31 feet; thence Westerly along said Subdivision line 10.21 feet; thence Northerly along said Subdivision line 222.05 feet to the point of beginning. (See Attached Map) Daniel Flamini, RLS #2486 - - Page 2 of2 ) ) " Prepared by City of Muskego Planning Department 11 /11/03 0 Scale: I 950 Feet I 237.5 475 I J Exhibit B 15th Amended WCA District Map LEGEND E:J Proposed WCA Amendment 15 D Property N + N Right-of-Way