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HomeMy WebLinkAboutT9-95 v Ordinance No. T9-95 AN ORDINANCE ALLOCATING THE COST OF CERTAIN ROADWAY DEDICATION TO BENEFITTED PROPERTIES (Capital Street) WHEREAS, Sherman Health Systems, an Illinois not-for-profit corporation, dedicated certain land to the City of Elgin for roadway purposes (Capital Street) and it is fair and equitable to require benefitted properties to pay their fair share of the value of such land; and WHEREAS, the dedication of such land for roadway purposes makes access to and from nearby properties and adjacent public roadways available to nearby properties and thereby benefits said properties; and WHEREAS, it is fair and equitable to require reimbursement to Sherman Health Systems for a portion of the value of such dedicated land which benefits such properties; and WHEREAS, the value of such dedicated land in excess of the one-half ( 1/2 ) for which Sherman Health Systems is responsible amounts to $25,289 . 12; and WHEREAS, the City Planning Department has determined that the land dedicated for such roadway purposes heretofore described shall benefit three ( 3) parcels of land with a total of 1, 078 .25 linear feet of frontage on such roadway; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and to perform any function relating to its government and affairs; and WHEREAS, ownership and maintenance of public roadways is a function pertaining to the government and affairs of the City of Elgin; and WHEREAS, the City Council hereby finds that the fair proportionate share of the value of the above described public roadway dedication to properties benefitted by the availability of such facilities should be computed at the rate of $ . 803489439 per square foot, which takes into account that some but not all of the owners of the benefitted parcels shall be required to dedicate portions of their land for Capital Street in the future. emk tow NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That no territory described and identified herein shall be permitted to annex to the City of Elgin or obtain approval for any construction thereon, as the case may be, until such time as payment is made to the City of Elgin of an amount allocated as the fair proportionate share of said improvement as follows : Parcel Index Number Square Recapture Parcel Owner/Legal Description Footage Amount 1 . 03-31-400-013 6, 009 .44 $ 4 ,828 .52 C & L Farms, Inc . 1750 Grandstand Place Elgin, Illinois 60123 Part of the Southeast Quarter of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows : Commencing at the Northeast Corner of the said Southeast Quarter of Section 31; thence North 88 degrees 47 minutes 45 seconds West, along the North line of said Southeast Quarter, a distance of 558 . 23 feet to an existing eik iron stake; thence South 02 degrees 06 minutes 07 seconds West, a distance of 935 . 30 feet to a North line of Document No. 1261098, as monumented; thence North 88 degrees 30 minutes 53 seconds West, along said monumented line, a distance of 8 . 18 feet to an existing iron stake; thence South 02 degrees 03 minutes 59 seconds West, along a West line of said Document No. 1261098, as monumented, a distance of 385 . 82 feet to the South line of said Document No. 1261098, as monumented, for the point of beginning; thence North 88 degrees 53 minutes 04 seconds East, along said South line, a distance of 333 . 65 feet to a point on said line that is 242 . 60 feet (record being 242 . 70 feet) westerly of the East line of the aforesaid Southeast Quarter of Section 31; thence South 00 degrees 46 minutes 39 seconds West, a distance of 150 . 00 feet; thence North 88 degrees 51 minutes 39 seconds East, a distance of 240 .20 feet to a point on the East line of the Southeast Quarter of said Section 31 that is 1447 . 65 feet, as measured along said East line, South of the aforesaid Northeast Corner of the Southeast Quarter; thence South 01 degree 41 minutes 39 seconds West, along said East line, a distance of 70 . 09 feet; thence South 88 degrees 51 minutes 39 seconds West, a distance of 577 . 69 feet to a line that bears South 02 degrees 03 minutes 59 seconds West from the point of beginning; thence North 02 degrees 03 minutes 59 seconds East, along said line, a distance of 220 .40 feet to the point of beginning. Being situated in Elgin Township, Kane County, Illinois and containing 2 . 08 acres more or less . Parcel Index Number Square Recapture Parcel Owner/Legal Description Footage Amount 2 . 03-31-400-014 10, 391 . 83 $ 8, 349 . 73 George and Irene Arsoniadis 39W159 Adobe Ridge Drive Elgin, Illinois 60123 That part of the Southeast 1/4 of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows : Commencing at the Northeast Corner of said Southeast 1/4 ; thence southerly along the East line of said Southeast 1/4, 912 . 23 feet for the place of beginning; thence westerly, along a line that forms an angle of 89 degrees 46 minutes 0 seconds to the right with the prolongation of the last described course, 124 .58 feet; thence southerly, at right angles to the last described course, 28 . 08 feet; thence westerly, along a line that forms an angle of 89 degrees 54 minutes 20 seconds to the right with the prolongation of the last described course, 449 . 09 feet; thence southerly along a line that forms an angle of 89 degrees 18 minutes 45 seconds to the left with the prolongation of the last described course, 385 . 32 feet; thence easterly along a line that forms an angle of 93 degrees 08 minutes 45 seconds to the left with the prolongation of the last described course, 576 . 67 feet to the East line of said Southeast 1/4; thence northerly along said East line, a distance of 388 .47 feet to the place of beginning; in the Township of Dundee, Kane County, Illinois . Parcel Index Number Square Recapture Parcel Owner/Legal Description Footage Amount 3 . 03-31-400-027 16,521 . 05 $13,274 .49 John and Stella Paul 500 Randall Road Elgin, Illinois 60123 That part of the Southeast Quarter of Section 31, Township 42 North, Range 8 described as follows : Commencing at the Northeast Corner of said Southeast Quarter; thence South 89 degrees 59 minutes 41 seconds West along the North line of said Southeast Quarter; 558 . 11 feet; thence South 0 degrees 54 minutes 10 seconds West, 250 . 01 feet for the point of beginning; thence continuing South 0 degrees 54 minutes 10 seconds West, 685 . 32 feet; thence South 89 degrees 42 minutes 41 seconds East, 440 .20 feet; thence North 0 degrees 30 minutes 56 seconds East, 28 . 40 feet; thence South 89 degrees 43 minutes 05 seconds East, 124 . 58 feet to the East line of said Southeast Quarter; thence North 0 degrees 28 minutes 53 seconds East along said East line, 659 . 69 feet; thence North 90 degrees 00 minutes 00 seconds West, 559 . 94 feet to the point of beginning (except the East 62 . 0 feet taken for highway purposes) , in Dundee Township, Kane County, Illinois . Section 2 . That any property held in common ownership with and contiguous to property subject to the provisions of this ordinance on the effective date of this ordinance shall be subject to payment based on the entire amount established for the entire parcel as provided in this ordinance. Section 3 . That any person desiring to so annex or obtain construction approval may pay the amount allocated without interest if payment is made prior to January 1, 1996 . If full payment is not made prior to January 1, 1996, then payment shall be made in full plus interest at the rate of six ( 6%) percent per annum accruing from January 1, 1996 until the date of payment. Section 4 . That any amounts received by the City Treasurer pursuant to this ordinance shall be paid to Sherman Health Systems or its successors or assigns, as reimbursement for the cost of the dedicated land as set forth above. Section 5 . That a certified copy of this ordinance shall be recorded with the Recorder of Deeds of Kane County, Illinois . Section 6 . That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. A/// Kevin Kelly, Mayr Y� Y Presented: May 10, 1995 Passed: May 10, 1995 Omnibus Vote: Yeas 7 Nays 0 Recorded: May 11, 1995 Published: Attest: Recorded by the Kane County tow Recorder on June 27 , 1995, as Document No. 95K034792 Dolonna Mecum, City Clerk L Jr) f7 ill? Pr CO1W ; #.. v !IL. 951( 034792 95 JU 27 P;1 00 UUUf2' RECORL`[R State of Illinois ) County of Kane ) ss . City of Elgin ) CERTIFICATE OF CITY CLERK I, Dolonna Mecum, DO HEREBY CERTIFY that I am the City Clerk of the City of Elgin, in the Counties of Kane and Cook in the state of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof . I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of Ordinance No. T9-95 entitled "An Ordinance "Allocating the Cost of Certain Roadway Dedication to Benefitted Properties (Capital Street) " passed by the Elgin City Council at its meeting held on May 10, 1995, the original of which is entrusted to my care for safe keeping. In Witness Whereof, I have hereunto set my hand and M affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this May 11 , 1995 cod City Clerk (SEAL) CD co Cn UD N This instrument prepared by: Return to: Erwin Jentsch Dolonna Mecum Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 o Elgin, IL 60120 if �GJ , Ordinance No. T9-95 AN ORDINANCE ALLOCATING THE COST OF CERTAIN ROADWAY DEDICATION TO BENEFITTED PROPERTIES (Capital Street) WHEREAS, Sherman Health Systems, an Illinois not-for-profit corporation, dedicated certain land to the City of Elgin for roadway purposes (Capital Street) and it is fair and equitable to require benefitted properties to pay their fair share of the value of such land; and WHEREAS, the dedication of such land for roadway purposes makes access to and from nearby properties and adjacent public roadways available to nearby properties and thereby benefits said properties; and WHEREAS, it is fair and equitable to require reimbursement to Sherman Health Systems for a portion of the value of such dedicated land which benefits such properties; and WHEREAS, the value of such dedicated land in excess of the one-half ( 1/2 ) for which Sherman Health Systems is responsible amounts to $25,289 . 12; and WHEREAS, the City Planning Department has determined that the land dedicated for such roadway purposes heretofore described shall benefit three ( 3) parcels of land with a total of 1, 078 . 25 linear feet of frontage on such roadway; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and to perform any function relating to its government and affairs; and WHEREAS, ownership and maintenance of public roadways is a function pertaining to the government and affairs of the City of Elgin; and tD WHEREAS, the City Council hereby finds that the fair Ln proportionate share of the value of the above described public roadway dedication to properties benefitted by the © availability of such facilities should be computed at the rate Lk) of $ . 803489439 per square foot, which takes into account that some but not all of the owners of the benefitted parcels shall CID be required to dedicate portions of their land for Capital N Street in the future. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That no territory described and identified herein shall be permitted to annex to the City of Elgin or obtain approval for any construction thereon, as the case may be, until such time as payment is made to the City of Elgin of an amount allocated as the fair proportionate share of said improvement as follows : Parcel Index Number Square Recapture Parcel Owner/Legal Description Footage Amount 1 . 03-31-400-013 6,009 .44 $ 4,828 .52 C & L Farms, Inc . 1750 Grandstand Place Elgin, Illinois 60123 Part of the Southeast Quarter of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows : Commencing at the Northeast Corner of the said Southeast Quarter of Section 31; thence North 88 degrees 47 minutes 45 seconds West, along the North line of said Southeast Quarter, a distance of 558 .23 feet to an existing rm. iron stake; thence South 02 degrees 06 minutes 07 seconds West, a distance of 935 . 30 feet to a North line of Document No. 1261098, as monumented; thence North 88 degrees 30 minutes 53 seconds West, along said monumented line, a distance of 8 . 18 feet to an existing iron stake; thence South 02 degrees 03 minutes 59 seconds West, along a West line of said Document No. 1261098, as monumented, a distance of 385 . 82 feet to the South line of said Document No. 1261098, as monumented, for the point of beginning; thence North 88 degrees 53 minutes 04 seconds East, along said South line, a distance of 333 . 65 feet to a point on said line that is 242 . 60 feet (record being 242 . 70 feet) westerly of the East line of the UD aforesaid Southeast Quarter of Section 31; thence GIi South 00 degrees 46 minutes 39 seconds West, a distance of 150 . 00 feet; thence North 88 degrees 51 CD minutes 39 seconds East, a distance of 240 . 20 feet to co a point on the East line of the Southeast Quarter of -g- said Section 31 that is 1447 . 65 feet, as measured along said East line, South of the aforesaid CID Northeast Corner of the Southeast N Quarter; thence South 01 degree 41 minutes 39 seconds West, along said East line, a distance of 70 . 09 feet; thence South 88 degrees 51 minutes 39 seconds West, a distance of 577 . 69 feet to a line that bears South 02 few degrees 03 minutes 59 seconds West from the point of beginning; thence North 02 degrees 03 minutes 59 seconds East, along said line, a distance of 220 .40 3 feet to the point of beginning. Being situated in Elgin Township, Kane County, Illinois and containing 2 . 08 acres more or less . Parcel Index Number Square Recapture Parcel Owner/Legal Description Footage Amount 2 . 03-31-400-014 10, 391 . 83 $ 8, 349 . 73 George and Irene Arsoniadis 39W159 Adobe Ridge Drive Elgin, Illinois 60123 That part of the Southeast 1/4 of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows : Commencing at the Northeast Corner of said Southeast 1/4; thence southerly along the East line of said Southeast 1/4, 912 .23 feet for the place of beginning; thence westerly, along a line that forms an angle of 89 degrees 46 minutes 0 seconds to the right with the prolongation of the last described course, 124 . 58 feet; thence southerly, at right angles to the last described course, 28 . 08 feet; thence westerly, along a line that forms an angle of 89 degrees 54 minutes 20 seconds to the right with the prolongation of the eft last described course, 449 . 09 feet; thence southerly along a line that forms an angle of 89 degrees 18 minutes 45 seconds to the left with the prolongation of the last described course, 385 . 32 feet; thence easterly along a line that forms an angle of 93 degrees 08 minutes 45 seconds to the left with the prolongation of the last described course, 576 . 67 feet to the East line of said Southeast 1/4; thence northerly along said East line, a distance of 388 .47 feet to the place of beginning; in the Township of Dundee, Kane County, Illinois . Parcel Index Number Square Recapture Parcel Owner/Legal Description Footage Amount 3 . 03-31-400-027 16,521 . 05 $13,274 . 49 UD John and Stella Paul 500 Randall Road Elgin, Illinois 60123 CD CO That part of the Southeast Quarter of Section 31, -P' Township 42 North, Range 8 described as follows : Commencing at the Northeast Corner of said Southeast CD Quarter; thence South 89 degrees 59 minutes 41 N seconds West along the North line of said Southeast Quarter; 558 . 11 feet; thence South 0 degrees 54 minutes 10 seconds West, 250 . 01 feet for the point of beginning; thence continuing South 0 degrees 54 minutes 10 seconds West, 685 . 32 feet; thence South 89 U degrees 42 minutes 41 seconds East, 440 .20 feet; thence North 0 degrees 30 minutes 56 seconds East, 28 . 40 feet; thence South 89 degrees 43 minutes 05 seconds East, 124 . 58 feet to the East line of said Southeast Quarter; thence North 0 degrees 28 minutes 53 seconds East along said East line, 659 . 69 feet; thence North 90 degrees 00 minutes 00 seconds West, 559 . 94 feet to the point of beginning (except the East 62 . 0 feet taken for highway purposes) , in Dundee Township, Kane County, Illinois . Section 2 . That any property held in common ownership with and contiguous to property subject to the provisions of this ordinance on the effective date of this ordinance shall be subject to payment based on the entire amount established for the entire parcel as provided in this ordinance. Section 3 . That any person desiring to so annex or obtain construction approval may pay the amount allocated without interest if payment is made prior to January 1, 1996 . If full payment is not made prior to January 1, 1996, then payment shall be made in full plus interest at the rate of six (6%) percent per annum accruing from January 1, 1996 until the date of payment. eft Section 4 . That any amounts received by the City Treasurer pursuant to this ordinance shall be paid to Sherman Health Systems or its successors or assigns, as reimbursement for the cost of the dedicated land as set forth above. Section 5 . That a certified copy of this ordinance shall be recorded with the Recorder of Deeds of Kane County, Illinois . Section 6 . That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Kevin Kelly tD Kevin Kelly, Mayor Q Presented: May 10, 1995 Passed: May 10, 1995 -F' Omnibus Vote: Yeas 7 Nays 0 - .1 Recorded: May 11, 1995 CD Published: N Attest: eft. s/ Dolonna Mecum Dolonna Mecum, City Clerk