Loading...
HomeMy WebLinkAboutT38-09 AN ORDINANCE Ordinance No. T38-09 I, ALLOCATING THE COST OF CERTAIN WATER MAIN IMPROVEMENTS TO BENEFITTED PROPERTIES (42-On-Site Water Main Improvements-Capital Corporate Center) WHEREAS; the City of Elgin, a municipal corporation of the counties of Cook and Kane, in the state of Illinois (hereinafter referred to as the "City"), Bartels Farming Corporation, an Illinois corporation (being hereinafter referred to as "Owner"), and ABCP, LLC, an Illinois limited liability company (hereinafter referred to as `'Developer") entered into an Annexation Agreement (being hereinafter referred to as ''Annexation Agreement") dated December 20`h. 2006: and WHEREAS, the City, the Owner, and the Developer agreed in said Annexation Agreement, section 3(F), that upon the completion of water main lines in or along the south boundary of (i) extended Capital Street within Capital Corporate Center Subdivision and (ii) Mason Road from the southeast corner to the northwest corner of the Subject Property, that the City would adopt a recapture ordinance for the benefit of the Developer to collect from the Owner or Owners of the benefited properties to the north of the Subject Property their pro rata share of the cost to complete construction of the Water Main lines (hereinafter referred to as "Subject On-Site Water Main Improvements' WHEREAS, the Developer extended the Subject On-Site Water Main Improvements and it is fair and equitable to require benefitted properties to pay their fair share of the improvement; and WHEREAS, the installation of the Subject On-Site Water Main Improvements makes sewer service available to nearby properties and thereby benefits said properties; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the construction of the Subject On-Site Water Main Improvements and allocation of the costs of the Subject On-Site Water Main improvements to benefited properties pertains to the government and affairs of the City of Elgin; and WHEREAS, the City has determined that the Subject On-Site Water Main Improvements heretofore described shall benefit ten (10) parcels of land with a total acreage of 62.91 acres, as depicted on Exhibit A entitled "Recapture Area'; and WHEREAS, within the Recapture Area, one of the ten parcels is owned by the Developer, 43.5 acres of the total 62.91, making 69.15% of the costs of the Subject On-Site Water Main Improvements attributable to the Developer and the nine remaining parcels will share in the remaining balance of the costs of the Subject On-Site Water Main Improvements; • and � • WHEREAS, the total Project Cost of the Subject On-Site Water Main Improvements was $262,681.17; and WHEREAS, the City Council hereby finds that the fair proportionate share of the cost of the above described Subject On-Site Water Main Improvements to properties benefited by the availability of such facilities should be computed at the rate of$4,175.51 per gross acre. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the owner of any of the Subject Benefited Properties identified in Exhibit B attached hereto and made a part hereof who desires to connect to and use the Subject On-Site Water Main Improvements shall pay to the Developer the amount allocated as the fair proportionate share of the costs of the Subject On-Site Water Main Improvements being the amount of $4,175.51 per gross acre. Said fee shall be in addition to any and all other fees established by the City of Elgin for water main services and in addition to any and all other requirements established by the City of Elgin for connection to water main services including, but not limited to, annexation into the City of Elgin. Section 2. No property listed in Exhibit B that will be connected to the Subject On-Site Water Main Improvements shall be annexed into the City or shall be issued a building permit or otherwise permitted to connect or to otherwise use the Subject On-Site Water Main Improvements until such time as payment is made to the Developer in an amount equal to such • property's proportionate share of said improvements as set forth in this ordinance. The Developer shall issue a certificate of payment in the form approved by the City upon the payment of reimbursement from the owner of a benefited property. Section 3. 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 the ordinance. Section 4. That any person desiring to connect to the Subject On-Site Water Main Improvements may pay the amount allocated without interest if payment is made prior to October 30. 2009. If full payment is not made prior to October 30, 2009, then payment shall be made in full plus interest at the rate of six percent (6%) per annum accruing from August 26, 2009 until the date of payment. Section 5. The provisions of this ordinance are not intended and shall not be construed as to authorize or entitle the Owner of any of the subject benefitted properties, or any other person or entity, the right to annex into the City of Elgin. Section 6. In the event of any conflict between the provisions of this ordinance and the provisions of any other ordinance, the provisions of this ordinance shall supersede and control. • Section 7. Developer shall within thirty (30) days of the adoption of this ordinance • record a certified copy of this ordinance with the Kane County Recorder. Developer shall also within thirty (30) days of the adoption of this ordinance; send out by regular mail notice of the adoption of this ordinance with a copy of the ordinance to the property owners whose names appear on the tax bills for the benefitted properties identified in Exhibit B. Section 8. The provisions of this ordinance shall be non-recourse to the City of Elgin and the City of Elgin shall not be responsible in the event there is no development of any of the subject benefitted properties and/or the recapture payments provided for in this ordinance are otherwise uncollected for any reason Section 9. That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. G Ed Schock, Mayor Presented: August 26, 2009 ° Passed: August 26, 2009 Vote: Yeas: 7 Nays: 0 ;}y, Recorded: August 27, 2009 Published: Attest: Diane Robertson, City Jerk • • EXHIBIT A RECAPTURE AREA MAP • • EMIBfT A i Capital Street Recapture Area Q ToW Site=279.2 Aces A MV$m,- M Qry of Bon 2002D 0 Fee! Heveirbef 2008 .. Ol]04510QB . 33045too: 0.T AC 0 304510 1 6 AC 5.25 AC 9ffUc° C. 0-" 1.5A .82 A Q46 A o tone 033MI oopp.t�A ' 03704li1004 43.5AC NOW AS DIVIDED IN TIIE TABIJ-, BELOW LOTS PIN Lott 03-31-226-004 Lot 2 03-31-226-003 Lot 3A 03-31-202-004 Lot 3B 03-31-202-005 Lot4 03-31-226-002 Lots _ 03-31-226-001 Lot 6 03-31-227-001 — Lot 7 03-31-227-002 Lot h 03-31-227-004 Outlot A 03-31-202-003 Outlot I1 03-31-202-002 • EXHIBIT B RECAPTURE COSTS Parcel Index Number Recapture Parcel Owner/Legal Description Acreage Amount 1 03-30-451-002 0.46 $1,920.73 Mark and Lisa Krupa 37W370 Mason Road Elgin, IL 60123 Lot 6 of Wedgewood Acres, Unit No. 1, in the Township of Dundee, Kane County, Illinois. Parcel Index Number Recapture Parcel Owner/Legal Description Acreage Amount 2 03-30-451-003 0.46 $1,920.73 Rosalyn A. Szyjko 37W360 Mason Road Elgin, Illinois 60123 Lot 5 of Wedgewood Acres, Unit No. 1, in the Township of Dundee, Kane County, Illinois. Parcel Index Number Recapture • Parcel Owner/Legal Description Acreage Amount 3 03-30-451-004 0.46 $1,920.73 William Null 37W350 Mason Road Elgin, Illinois 60123 Lot 4 of Wedgewood Acres, Unit No. 1, in the Township of Dundee, Kane County, Illinois. Parcel Index Number Recapture Parcel Owner/Legal Description Acreage Amount 4 03-30-451-005 0.46 $1.920.73 Philip Wencik 118 Boulder Drive Lake in the Hills, Illinois 60156 Lot 3 of Wedgewood Acres, Unit No. 1, in the Township of Dundee, Kane County, Illinois. Parcel Index Number Recapture Parcel Owner/Legal Description Acreage Amount 5 03-30-451-006 0.7 $2,922.86 Susan D. Hoyne, Revocable Trust 37W340 Mason Road • Elgin, Illinois 60123 I Lot 2 of Wedgewood Acres, Unit No. 1, in the Township of Dundee, • Kane County, Illinois. Parcel Index Number Recapture Parcel Owner/Legal Description Acreage Amount 6 03-30-451-007 1.5 $6,263.26 Susan D. Hoyne, Revocable Trust 37W340 Mason Road Elgin, Illinois 60123 Lot 1 of Wedgewood Acres, Unit No. 1, in the Township of Dundee, Kane County, Illinois. Parcel Index Number Recapture Parcel Owner/Legal Description Acreage Amount 7 03-30-451-010 9.20 $38,414.67 Philip Wencik 118 Boulder Drive Lake in the Hills, Illinois 60156 That part of the southeast quarter of Section 30, Township 42 North, Range 8 East of the third principal meridian, described as follows: Beginning at the southwest corner of said southeast quarter; Thence east along the south line of said southeast quarter, 732 feet to the southwest corner of Wedgewood Acres, Unit No. 1; Thence north 233 feet to the northwest corner of said subdivision; Thence east • along the north line of said subdivision, 400 feet to the northeast corner of lot 3 of said Wedgewood Acres, Unit No. 1; Thence north along an extension of the east line of said lot 3, a distance of 132.05 feet to the southerly right of way line of the State of Illinois Northwest Toll Highway; thence northwesterly along said southerly right of way line to the west line of said southeast quarter, thence south along said west line to the point of beginning, except the following described parcels: That part of the west half of the southeast quarter of Section 30, Township 42 North, Range 8 East of the third principal meridian, described as follows: Commencing at the southwest corner of the west half of said southeast quarter; thence east along the south line of said southeast quarter, 732.0 feet to the southwest corner of Wedgewood Acres Unit No. 1, for the point of beginning; thence north along the west line of said Wedgewood Acres, 233.0 feet to the northwest corner thereof; thence west and parallel to the south line of said southeast quarter, 200.0 feet; thence south and parallel to the west line of said Wedgewood Acres, 233.0 feet to the south line of said southeast quarter; thence east along said south line, 200.0 feet to the point of beginning and also the westerly 250 feet of the southeast quarter of section 30,. Township 42 North, Range 8 East of the third principal meridian, lying southerly of the southerly right of way line of the State of Illinois northwest Toll Highway, in the Township of Dundee, Kane County, Illinois. • i Parcel Index Number Recapture Parcel Owner/Legal Description Acreage Amount 8 03-30-451-011 5.25 $21,921.41 Commonwealth Edison P.O. Box 767 Chicago, IL 60690 The westerly 250 feet of the southeast quarter of Section 30, Township 42 North, Range 8 East of the third principal meridian; lying southerly of the southerly right of way line of the State of Illinois Northwest Toll Highway, in the Township of Dundee, Kane County, Illinois. Property address of 37W478 Mason Road, Dundee, IL 60118. Parcel Index Number Recapture Parcel Owner/Legal Description Acreage Amount 9 03-30-451-009 0.92 $3,841.47 Thaddeus and Theresa Ciochon 37W380 Mason Road Elgin, Illinois 60123. That part of the Nest half of the southeast quarter of Section 30, Township 42 North, Range 8 East of the third principal meridian, described as follows: Commencing at the southwest corner of the west half of said southeast quarter: thence east along the south line of said southeast quarter, 732.0 feet to the • southwest corner of Wedgewood Acres Unit No. 1, for the point of beginning: thence north along the west line of said Wedgewood Acres, Unit No. 1, 233.0 feet to the northwest corner thereof: thence west and parallel to the south line of said southeast quarter, 200.0 feet: thence south and parallel to the west line of said Wedgewood Acres, 233.0 feet to the south line of said southeast quarter: thence east along said south line, 200.0 feet to the point of beginning, in the Township of Dundee, Kane County, Illinois.