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CCR2005168. . . COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #168-2005 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) (Fifteenth Amended 'WCA District) WHEREAS, the Common Council of the City of Muskego, VVisconsin held a public hearing at the Muskego City Hall at 7:20 PM on the 13th day of September, 2005 for the purpose of hearing all interested persons concerning the preliminary resolution and report of the City Engineer on the proposed water capacity specia~1 assessments for providing the availability of water service in the area described in dOGuments attached hereto, made a part hereof and marked Exhibit "A" and Exhibit "13", 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 approvE~d. 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 assE~ssing 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 assessment units (VVCA 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 Muslkego. The water capacity charge shall be as follows: Reso. #168-2005 15th Amended WCA District Page 2 . CateQorv 1 Properties that are connected to existing public water service prior to November 1, 2005, 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 $1062.00 per WCA unit. The assessment stated above shall be paid on or before November 1, 2005, or if pUblic water service is not connected on or bE~fore November 1, 2005, the first November 1st after which public water service is connected. The $1062.00 assessment per WCA unit will be increased by $36.00 per water capacity assessment unit per year commencing on the 1 st day of January, 2006. 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, 2005, and where there was no previous use of a private water system. The assessment for said properties shall be $1770.00 per WCA unit. The amount of said assessment shall be paid on or before the first November 1 st after public water service connection. The $1770.00 assessment per WCA unit will be increased by $60.00 per water capacity unit per year commencing on the 1 st day of "January, 2006. 5. That the assessments for those connecting to the City of Muskego water system on or before November 1, 2005 may be paid in cash in full on or before November 1, 2005, or in five (5) equal annuall 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, 2005, 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, 2005, 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 n3al estate taxes are due and annually . . . Reso. #168-2005 15th Amended WCA District Page 3 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 otheirwise 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. 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 13th This is to certify that this is a true and accurate copy of Resolution #168-2005 which was adopted by the Common Council of the City of Muskego. !J Published this 22nd day of September, 2005 CityHali :Assessments/15thAmendedWCAlFinaIResolution . . . EXHIBIT "A" November 12, 2003 15th Amended Legal Description for the Water Connection Assessment (WeA) District Being part of the Northeast 1/4, Southeast 1/4, Southwest 1/4, and the NOJ1hwest 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 point 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 prop4my; 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 Vl ester1y along said right-of-way line 142 feet more or less to the: Northeast corner of Par Gel 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 fì~et; 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 Ea.st 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 Hillen dale 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 . o Scale: I 237.5 950 Feet I 475 I Prepared by City of Muskego Planning Department 11/11/03 . Exhibit B 15th Amended WCA District Map LEGEND EJ D Proposed WCA Amendment 15 Property N + N Right-of-Way