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96-148
Resolution No. 96-148 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS WITH VARIOUS PROPERTY OWNERS TO PROVIDE FOR A LOCAL IMPROVEMENT ON SOUTH COMMONWEALTH AVENUE WHEREAS, it has been determined by the City Council of the City of Elgin that it is necessary and desirable to make certain local improvements along and upon South Commonwealth Avenue between Adams Street and the south dead-end in the City of Elgin, Kane County, Illinois; and WHEREAS, said local improvement will consist of pavement reconstruction, along with curb and gutter installation and sod restoration; and WHEREAS, the City Council of the City of Elgin desires to avoid a special assessment by entering into agreements with the following owners of the real property against which such special assessment would be levied: Name Address John Jozefowicz and Lillian A. Jozefowicz 560 South Commonwealth Avenue Merton Olson and Dorothy F. Olson 561 South Commonwealth Avenue Evelyn Rohrsen 564 South Commonwealth Avenue Emil W. and Ruby E. Arps 567 South Commonwealth Avenue WHEREAS, said owners have agreed to participate in the financing of said local improvement upon the terms and conditions contained in the agreements which are attached hereto and made a part hereof by reference; and WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII of the 1970 Illinois Constitution and is thereby authorized and empowered to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, entering into an agreement in lieu of special assessment with various property owners to provide for certain local improvements pertains to the government and affairs of the City of Elgin; and WHEREAS, both the owners and the City of Elgin will realize substantial economic savings if the local improvements can be constructed by agreement and without the use of a special assessment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized, empowered and directed to execute the attached agreements, which are hereby incorporated by reference. BE IT FURTHER RESOLVED that the City Clerk shall cause these agreements to be recorded in the Office of the Recorder of Deeds of Kane County, Illinois . BE IT FURTHER RESOLVED that these agreements shall constitute a lien upon the real property described therein until the sums indicated in Paragraph 4 of the agreements are paid in full . s/ Kevin Kelly Kevin Kelly, Mayor Presented: May 8, 1996 Adopted: May 8 , 1996 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk FILED FOR RECORD KANE COUNTY, ILL. 96K037297 96 MAY 2 FM LI: I 5 • Ø7 4i) 6' RECORDER AGREEMENT IN LIEU OF SPECIAL ASSESSMENT BETWEEN EVELYN ROHRSEN AND CITY OF ELGIN 3 J \.) After recording return to: Dolonna Mecum Elgin City Clerket? 150 Dexter Court (\141 Elgin, IL 60120 -/ ) 14 .961( 037297 • AGREEMENT IN LIEU OF SPECIAL ASSESSMENT • This agreement, made and entered into on the /0 day of in/9- , 1996 by and between the City of Elgin, hereinafter referred to as"City"; and the undersigned owner of record of property hereinafter described, hereinafter referred to as "Owner"; witnesseth: WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon South Commonwealth Avenue, between Adams Street and the south end, consisting of pavement reconstruction along with curb and gutter and sod restoration; and WHEREAS, said improvements could be paid for by special assessment upon the adjoining properties benefitted thereby; and WHEREAS, Owner is owner of record of certain real estate fronting and/or abutting on the portion proposed to be improved, more specifically described as: LOT 11 IN CLEARVIEW ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. and commonly known as 564 South Commonwealth Avenue which would be subject to special assessment in the event a special assessment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions South Commonwealth Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improvement by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1. For purpose of this agreement "abutting owners" shall be those persons who are owners of record of the real property fronting and/or adjoining South Commonweath Avenue along the area to be improved. 9 6 K 0 3 7 2 9 7 2. That the City shall cause the construction of a local improvement in the public right of ways known as South Commonwealth Avenue in the City of Elgin, County of Kane, Illinois, consisting of pavement reconstruction, along with curb and gutter installation and sod restoration. Said construction shall begin no later than August 30, 1996 provided, however, the City shall have no duty to make or cause said local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than July 22, 1995. 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before July 22, 1996 as provided in paragraph 2 above, City, may reject all agreements previously entered into including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay $1,944.30 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, at Owner's option, pay Owner's share of the cost of improvements by payment in ten installments with interest at a rate of seven (7) percent per annum. Interest on all outstanding balance shall begin accruing on the date 60 days after the execution of this agreement. Should Owner choose to pay by installment, the first installment shall be due on or before January 2, 1996 and shall be a sum equal to $194.43 plus seven (7) percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $194.43 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the 96K037297 . • extent of Owners commitment in paragraph 4 above until same is paid in full. A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. (ve4/77 •4-‘, OWNER STATE OF ILLINOIS ) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersigns Notary Prioc,_Vnd for said County, in the State aforesaid, DO HEREBY CERTIFY that personally known to me to be the same persons whose names rt subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. ?y, under my hand andofficialseal this 3 day of • 96 41-ditiala OTARY Commission Expires 2 , 1979. 0 OffiLIAL SEAL ARY PUBLIC STATE OF ITLLINOIS NOT JUANITA AIRHAR MY cru, - • --1- 11'41SSION1 EXP. - FEB. /5,7999 CITY OF ELGIN, • )8re--Lci ATTEST: II• 4 CITY CLERK Prepared by: James Kristiansen Public Works Director City of Elgin 150 Dexter Court Elgin, IL 60120 96K037297 FILED FOR RECORD KANE COUNTY, ILL. 96K037297 96MAY21 Phi 4: I5 RECORDER FILED FOR RECORD 'KANE COUNTY. ILL. 96K037298 9611M 21 4: 15 4) RECORDER AGREEMENT IN LIEU OF SPECIAL ASSESSMENT BETWEEN MERTON OLSON AND DOROTHY F. OLSON AND CITY OF ELGIN 3 After recording return to: Dolonna Mecum Elgin City Clerk 150 Dexter Court ('J '' �Ci Elgin, IL 60120 1. v �/' &K037298 AGREEMENT IN LIEU OF SPECIAL ASSESSMENT This agreement, made and entered into on the /6 day of A771-'1 , 1996 by and between the City of Elgin, hereinafter referred to as"City"; and the undersigned owner of record of property hereinafter described, hereinafter referred to as "Owner"; witnesseth: WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon South Commonwealth Avenue, between Adams Street and the south end, consisting of pavement reconstruction along with curb and gutter and sod restoration; and WHEREAS, said improvements could be paid for by special assessment upon the adjoining properties benefitted thereby; and WHEREAS, Owner is owner of record of certain real estate fronting and/or abutting on the portion proposed to be improved, more specifically described as: THAT PART OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF COMMONWEALTH AVENUE 60 FEET SOUTH OF ITS INTERSECTION WITH THE SOUTH LINE OF ADAMS STREET EXTENDED WESTERLY; THENCE SOUTH ALONG SAID EAST LINE OF COMMONWEALTH AVENUE 60 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF ADAMS STREET EXTENDED 132 FEET; THENCE NORTH PARALLEL WITH THE EAST LINE OF COMMONWEALTH AVENUE 60 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF ADAMS STREET EXTENDED 132 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. 961037298 and commonly known as 561 South Commonwealth Avenue which would be subject to special assessment in the event a special assessment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions South Commonwealth Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improvement by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1. For purpose of this agreement"abutting owners" shall be those persons who are owners of record of the real property fronting and/or adjoining South Commonweath Avenue along the area to be improved. 2. That the City shall cause the construction of a local improvement in the public right of ways known as South Commonwealth Avenue in the City of Elgin, County of Kane, Illinois, consisting of pavement reconstruction, along with curb and gutter installation and sod restoration. Said construction shall begin no later than August 30, 1996 provided, however, the City shall have no duty to make or cause said local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than July 22, 1996. 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before July 22, 1996 as provided in paragraph 2 above, City, may reject all agreements previously entered into including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay $1,876.80 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this 6K03729a agreement by both Owner and City; provided Owner may, at Owner's option, pay Owner's share of the cost of improvements by payment in ten installments with interest at a rate of seven (7) percent per annum. Interest on all outstanding balance shall begin accruing on the date 60 days after the execution of this agreement. Should Owner choose to pay by installment, the first installment shall be due on or before January 2, 1997 and shall be a sum equal to $187.68 plus seven (7) percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $187.68 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 96K037298 " I • "6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the extent of Owners commitment in paragraph 4 above until same is paid in full. A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. r\ C/2.4914/ OWNER "Ai ' ' - i/ Ate-171--- STATE OF ILLINOIS ) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Mee ion)9-7)o¢o`7Giy ©iSo n) personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal this 3 day of 1996. 1/ 0234;NOTARY46"1"k�►��,��►�►.. a -w �- OFFICIAL SEAL. ) Commission Expires 9 _ / 7 , 19cf DIANN K. O'BRIEN ' NOTARY PUBLIC, STATE OF ILLINOIS My Commission Expires Sept. 17, 199'3 • NV\VII NV NIP" NfIr Nor,te CITY OF ELGIN, ATTEST: Prepared by: CITY RK James Kristiansen Public Works Director City of Elgin 0 Dexter Court 96KO372 in, IL 60120 . . FILED FOR RECORD KANE COUNTY, ILL. ,' 96K037298 96 MAY 2 1 PM 4: I 5 c:),..e.,.. RECORDER • FILED FOR RECORD • KANE COUNTY, ILL. 96K037299 96 MAY 21 PM 14: IS RECORDER AGREEMENT IN LIEU OF SPECIAL ASSESSMENT BETWEEN JOHN JOZEFOWICZ AND LILLIAN A. JOZEFOWICZ AND CITY OF ELGIN After recording return to: Dolonna Mecum Elgin City Clerk 400 150 Dexter Court y, Ur Elgin, IL 60120 DIA 961.037299 AGREEMENT IN LIEU OF SPECIAL ASSESSMENT This agreement, made and entered into on the/G day of 4t4 , 1996 by and between the City of Elgin, hereinafter referred to as"City"; and the undersigned owner of record of property hereinafter described, hereinafter referred to as "Owner"; witnesseth: WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon South Commonwealth Avenue, between Adams Street and the south end, consisting of pavement reconstruction along with curb and gutter and sod restoration; and WHEREAS, said improvements could be paid for by special assessment upon the adjoining properties benefitted thereby; and WHEREAS, Owner is owner of record of certain real estate fronting and/or abutting on the portion proposed to be improved, more specifically described as: LOT 9 IN CLEARVIEW ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. and commonly known as 560 South Commonwealth Avenue which would be subject to special assessment in the event a special assessment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions South Commonwealth Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improvement by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1. For purpose of this agreement "abutting owners" shall be those persons who are owners of record of the real property fronting and/or adjoining South Commonweath Avenue . along the area to be improved. 2. That the City shall cause the construction of a local improvement in the public 6O37299 • right of ways known as South Commonwealth Avenue in the City of Elgin, County of Kane, Illinois, consisting of pavement reconstruction, along with curb and gutter installation and sod restoration. Said construction shall begin no later than August 30, 1996 provided, however, the City shall have no duty to make or cause said local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than July 22, 1996. 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before July 22, 1996 as provided in paragraph 2 above, City, may reject all agreements previously entered into including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay $1,876.80 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, at Owner's option, pay Owner's share of the cost of improvements by payment in ten installments with interest at a rate of seven (7) percent per annum. Interest on all outstanding balance shall begin accruing on the date 60 days after the execution of this agreement. Should Owner choose to pay by installment, the first installment shall be due on or before January 2, 1997 and shall be a sum equal to $187.68 plus seven (7) percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $187.68 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the extent of Owners commitment in paragraph 4 above until same is paid in full. A legal description 9 6 K 0 3 7 2 9 pf property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. / (P, rJ..41 _sL IP L.L OWN' - • STATE OF ILLINOIS ) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY thattTohnicf.JczeFok,icz, Tr.'r /accun A. Jozek wtzpersonally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given un r my hand and official se- his/d of /1i )' . 1996. / • RlcOFF/ /� NorinHgROl M/L SF NOTAR My COHki s/ rqr- roN� c,.. .,cs C(Mj„ Commission Expires , 19_ ,,.�/0..z /s CITY OF ELGIN, . ATTEST: (21-9tery /1/Ve_ CITY CL RK Prepared by: James Kristiansen Public Works Director City of Elgin 150 Dexter Court Elgin, IL 60120 96K037299 ...•••• :._, J.,' . • .ca ‘..o• 0- 7:..75 --- IS 00 c4 cm+-1 la .4e-O• ru-..a6 CTI CP C4 1--- cf) a tr) CI% . , . . FILED FOR RECORD 'KANE COUNTY. ILL. 96K037296 96 MAY 21 f' 1 to 15 eg:44.1) RECORDER AGREEMENT IN LIEU OF SPECIAL ASSESSMENT BETWEEN EMIL W. AND RUBY E. ARPS AND CITY OF ELGIN 7 2, After recording return to: Dolonna Mecum Elgin City Clerk op 150 Dexter Court 11) . Elgin, IL 60120 96037296 AGREEMENT IN LIEU OF SPECIAL ASSESSMENT This agreement, made and entered into on the/6 day of /i1 , 1996 by and between the City of Elgin, hereinafter referred to as"City"; and the undersigned owner of record of property hereinafter described, hereinafter referred to as "Owner"; witnesseth: WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon South Commonwealth Avenue, between Adams Street and the south end, consisting of pavement reconstruction along with curb and gutter and sod restoration; and WHEREAS, said improvements could be paid for by special assessment upon the adjoining properties benefitted thereby; and WHEREAS, Owner is owner of record of certain real estate fronting and/or abutting on the portion proposed to be improved, more specifically described as: THAT PART OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 41 NORTH RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN;DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID NORTHWEST QUARTER WITH THE EAST LINE OF COMMONWEALTH AVENUE; THENCE NORTHERLY ALONG THE EAST LINE OF COMMONWEALTH AVENUE 181.35 FEET TO THE NORTH LINE OF U.S. ROUTE 20 BYPASS RIGHT OF WAY AND THE POINT OF BEGINNING; THENCE NORTHERLY ALONG THE EAST LINE OF COMMONWEALTH AVENUE 63.92 FEET TO A POINT 120 FEET (MEASURED ALONG THE EAST LINE OF COMMONWEALTH AVENUE) SOUTHERLY FROM THE SOUTH LINE OF ADAMS STREET EXTENDED WESTERLY; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF ADAMS STREET 132.2 FEET THENCE SOUTHERLY PARALLEL WITH THE EAST LINE OF COMMONWEALTH AVENUE 64.18 FEET TO THE NORTH LINE OF BYPASS RIGHT OF WAY; THENCE WESTERLY ALONG THE NORTH LINE OF SAID BYPASS RIGHT OF WAY TO THE POINT OF BEGINNING; IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. 96K037296 and commonly known as 567 South Commonwealth Avenue which would be subject to special assessment in the event a special assessment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions South Commonwealth Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improvement by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1. For purpose of this agreement"abutting owners" shall be those persons who are owners of record of the real property fronting and/or adjoining South Commonweath Avenue along the area to be improved. 2. That the City shall cause the construction of a local improvement in the public right of ways known as South Commonwealth Avenue in the City of Elgin, County of Kane, Illinois, consisting of pavement reconstruction, along with curb and gutter installation and sod restoration. Said construction shall begin no later than August 30, 1996 provided, however, the City shall have no duty to make or cause said local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than July 22, 1996. 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before July 22, 1996 as provided in paragraph 2 above, City, may reject all agreements previously entered into including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay $2,259.97 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, at Owner's option, pay Owner's share 9 6 K 0 3 7 2 9 • of the cost of improvements by payment in ten installments with interest at a rate of seven (7) percent per annum. Interest on all outstanding balance shall begin accruing on the date 60 days after the execution of this agreement. Should Owner choose to pay by installment, the first installment shall be due on or before January 2, 1997 and shall be a sum equal to $226.06 plus seven (7) percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $225.99 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 4 9 6 K 0 3 7 2 9 6 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the extent of Owners commitment in paragraph 4 above until same is paid in full. A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. J: )6. 1: 2 OWNER STATE OF ILLINOIS ) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersicLned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that 1C(4.1 Arps din.I W. arpS personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal thisday of . 1996. NOTARY Commission Expires /0 —/ 0 , 19 97. LILLIIAN A JozEFOWICZ NOTARY PUBLIC, STATE OF ILLINOIS rr COMMISSION EXPIRES 10-10-97 CITY OF ELGIN, ATTEST: 4)%cx-124,- Prepared by: CITY CLEK James Kristiansen Public Works Director City of Elgin 150 Dexter Court Elgin, IL 60120 9 6 K 0 3 7 2 9 6 FILED FOR RECORD KANE COUNTY, ILL. 96K037296 96 MAY 21 PM 14: 15 Yfrlict6E4if4) "4 rill in Agenda Item No. 61 ii-s(g4,r , A,f‘ .,_,,,,,..... )..� � April 17, 1996 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Agreements in Lieu of Special Assessment for the Reconstruction of South Commonwealth Avenue between Adams Street and the South Dead-end PURPOSE The purpose of the memorandum is to provide the Mayor and ft memberu of the City Council with information to consider approving the subject agreements with four property owners on Commonwealth Avenue for street improvements. BACKGROUND The Commonwealth/Marguerite Rehabilitation Project was awarded to B. Scavelli Construction, of Franklin Park on February 28, 1996 . Included as Attachment 1 is a copy of the Council memorandum relative to the contract award for this project. As noted in the memorandum, this project included the reconstruction of South Commonwealth Avenue between Adams Street and the south dead-end. A copy of the location map is included as part of Attachment 1. There are four property owners affected by these agreements . Since the construction contract was awarded, all four property owners have responded affirmatively and have signed Agreements in Lieu of Special Assessment. Copies of the four signed agreements are included as Attachment 2 . The agreements are based upon the Policy for the Improvement of Unimproved Public Rights-of-Way adopted by the City Council in 1993, a copy of which is included as Attachment 3. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED 001` The four property owners on South Commonwealth Avenue. Agreements in Lieu of Special Assessment April 17, 1996 rek Page 2 FINANCIAL IMPACT The cost of improvements to this block of South Commonwealth Avenue is $27,927 .44 , which will be included as Change Order No. 1 with B. Scavelli Construction. The four property owners will contribute $7 ,957 .87 to the improvement costs via the four agreements. Moneys received will be deposited to the River Boat Fund, the original funding source for the improvements . LEGAL IMPACT None. ALTERNATIVES The following alternatives are available for City Council 's consideration in lieu of the agreements. No Build: The agreements may be rejected and the roadway improvements not accomplished under the existing construction contract with B. Scavelli Construction. eft a. Advantages: By not proceeding with the agreements and the improvements, the City will not spend $19, 969 . 57 . (The cost of improvements less the agreement amounts. ) b. Disadvantages : 1) The one block of Commonwealth will remain unimproved; 2) the credibility of the Public Works Department will be hurt as the Department initiated the agreement process . Alternate Improvement Options: The following alternatives exist for accomplishing the improvements for the one block of South Commonwealth. 1 . Improvements may be accomplished entirely at City expense. a. Advantages: 1) The four property owners will be pleased; 2) staff time in administering the agreements will be saved. b. Disadvantages: The City has about 30.2 miles of unimproved streets. It might be difficult to proceed with Special Assessments or Agreements in Lieu of Special Assessments, if exceptions are made and selected streets only are improved at City expense. OW - 2 . Improvements may be accomplished by Special Assessment. a. Advantages: None. Agreements in Lieu of Special Assessment April 17, 1996 "'' Page 3 b. Disadvantages: 1 ) The "overhead" associated with the Special Assessment process will result in a higher project cost and higher assessment against the property owners; 2) improvements would be delayed by two years in order to comply with the Special • Assessment process . RECOMMENDATION It is recommended that the City Council approve the following agreements and request the City Manager and City Clerk to execute the agreements on behalf of the City with: 1 . John and Lillian A. Jozefowicz, 560 South Commonwealth 2 . Merton and Dorothy F. Olson, 561 South Commonwealth 3 . Evelyn Rohrsen, 564 South Commonwealth 4 . Emil W. and Ruby E. Arps, 56 South Commonwealth R spectfull s mi ted, James L. Kristiansen Public Works Director Richard B. Helwig City Manager DL/do Attachments ATTACHMENT 1 Commonwealth/Marguerite Project Award Memorandum ti" . • �-S- avL Lb...5 Ta_N • ral 7(41-* Agenda Item No . 1 :); . ..47., b , i-..,,,., � 11h1 February 22, 1996 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: 1996 Neighborhood Streets Rehabilitation Award of Contract Commonwealth/Marguerite PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an r► award for the subject Neighborhood Street Rehabilitation Project. BACKGROUND The Commonwealth/Marguerite Rehabilitation Project is included in the 1996 Neighborhood Street Improvement Program. A sketch showing the limits of the project is attached for your information as shown on Exhibit A. The project will include the removal and replacement of curb and gutter, sidewalk where necessary, pavement base repair and pavement reinforcement. The existing pavement will be ground out at the pavement edges and the entire surface paved with 4i inches of new bituminous concrete. The project will improve approximately 1 .46 miles of roadway. Also included with this project is the construction of approximately 3,500 L.F. of 8 inch water main to replace existing deficient water main and to provide reinforcement to the distribution system. The bid package included the above base bid and an alternate. The alternate includes quantities to reconstruct S . Commonwealth Avenue between Adams Street and the South End. The alternate will not be awarded with the base bid, but may / ,, be included by change order at a later date if and when the adjacent property owners agree to enter into Special Agreements in lieu of a Special Assessment. /" At its February 14 , 1996 City Council meeting, the City Council rejected all bids associated with the subject project. The following bid results are a result of rebidding the project. The bids for the subject project were opened publicly on February 21, 1996 . There were four bidders for • 1996 Neighborhood Streets Rehabilitation Commonwealth/Marguerite (� February 22, 1996 Page 2 the project, with B. Scavelli Construction of Franklin Park, i Illinois submitting the low bid. B. Scavelli has previously worked for the City and has provided satisfactory service. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Property owners on South Commonwealth from Adams Street, South, submitted a petition requesting street improvements . In order to add the street improvements for South Commonwealth by Change Order, all property owners affected must sign Special Agreements in Lieu of Special Assessment. Special Agreements will be sent to each property owner by March 1, 1996 . FINANCIAL IMPACT The bids received ranged from a high of $948,042 .40 to the low bid of $903, 687 .28 submitted by B. Scavelli Construction. The engineer's estimate for the project is $940,816 .25. The instructions to bidders stated that the award would be based on the total of the base bid and all alternates . Because the alternate is not being awarded at this time, the low base bid being considered for award is $875,759 .84 . This project will be funded as follows : • Roadway Improvements C. Moneys were budgeted in the 1996 Riverboat Fund in the amount of $3,200,000 to fund several individual 1996 neighborhood street repair projects . This project, totalling $546,665.60, will be charged to Account Number 275-0000-791.93-80, project 39606A. Adequate moneys remain in this account as shown on Exhibit B. Water Main Improvements For improvements to the water system, moneys were budgeted in 1996 from the Water Operating Fund in the amount of $650, 000 in Account Number 401-4005-771 .93-41, to fund two projects . This project, number 39606A, will be charged to the above account number in the amount of $301, 166 . 80. Adequate moneys remain in this account as shown on Exhibit B. Total Contract Award /"` .In summary, the total contract award for the Commonwealth- Marguerite project will be: 1996 Neighborhood Streets Rehabilitation r' Commonwealth/Marguerite February 22, 1996 Page 3 . Street Improvements : $ 574,593 .04 . Water Improvements : $ 301, 166 .80 Total Contract Award : $ 875,759 . 84 The alternate cost, if added at a later date, will increase the contract costs an additional $27, 927 .44 for roadway improvements . If Special Agreements are entered into for the repayment of funds, all repayment information will be provided when the agreements are placed on the City Council agenda for execution. A copy of the bid tabulation sheet is attached for your information as Exhibit C. LEGAL IMPACT None. • RECOMMENDATION It is recommended that the City Council award the subject project to B. Scavelli Construction in the amount of $875,759 . 84 and direct staff to execute the necesI;ary contracts . R spectfullyted, aditi • 77(46aai James L. Kristiansen , / Public Works Director /17 Richard B. Helwig City Manager DL/do Attachments elk r EXHIBIT A 1996 Neighborhood Street Repair Project G46a/W35a Commonwealth - Marguerite SITE SKETCH took 11E:.sem te' 1996 Resurfacing -- Commonwealth/Marguerite • i. Ca,<�ti WALNUT AVENUE r.•1 .• KATE • STREET - WI �- - w = - w z w < . (4 a STREET a - WASHBURN 7. ! ATTACHMENT 2 Special Agreements r AGREEMENT IN LIEU OF SPECIAL ASSESSMENT . ice This agreement, made and entered into on the day of , 1996 by and between the City of Elgin, hereinafter referred to as"City"; and the undersigned owner of record of property hereinafter described, hereinafter referred to as "Owner"; witnesseth: WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon South Commonwealth Avenue, between Adams Street and the south end, consisting of pavement reconstruction along with curb and gutter and sod restoration; and WHEREAS, said improvements could be paid for by special assessment upon the adjoining properties benefitted thereby; and WHEREAS, Owner is owner of record of certain real estate fronting and/or abutting on the portion proposed to be improved, more specifically described as: LOT 9 IN CLEARVIEW ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. and commonly known as 560 South Commonwealth Avenue which would be subject to special assessment in the event a special assessment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions South Commonwealth Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improvement by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1. For purpose of this agreement"abutting owners" shall be those persons who are owners of record of the real property fronting and/or adjoining South Commonweath Avenue along the area to be improved. 2. That the City shall cause the construction of a local improvement in the public right of ways known as South Commonwealth Avenue in the City of Elgin, County of Kane, • Illinois, consisting of pavement reconstruction, along with curb and gutter installation and sod restoration. Said construction shall begin no later than August 30, 1996 provided, however, the City shall have no duty to make or cause said local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than July 22, 1996. 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before July 22, 1996 as provided in paragraph 2 above, City, may reject all agreements previously entered into including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay$1,876.80 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, at Owner's option, pay Owner's share of the cost of improvements by payment in ten installments with interest at a rate of seven (7) percent per annum. Interest on all outstanding balance shall begin accruing on the date 60 days after the execution of this agreement. Should Owner choose to pay by installment, the first installment shall be due on or before January 2, 1997 and shall be a sum equal to $187.68 plus seven (7) percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $187.68 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the extent of Owners commitment in paragraph 4 above until same is paid in full. A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This •1 agreement shall be binding on Owners, successors, heirs and assigns. \ss(s1.0„1/4 gni 444.41.77,/ OW STATE OF ILLINOIS ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that John M.So2.11wicz Law,'A.JcrciCw,az. personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposesVdpy therein set forth. Given�gnder my hand and offii iiali se-. •is of /� 1996./J • ' �� / • glCHARD ICTAL SEAL MARELECTONE NOTARY PUBLIC, 57ATE O� ILLINOIS tIOTARY MY COMMISSION EXp p_� Commission Expires , 19 CITY OF ELGIN, ATTEST: CITY CLERK AGREEMENT IN LIEU OF SPECIAL ASSESSMENT . This agreement, made and entered into on the day of , 1996 by and between the City of Elgin, hereinafter referred to as"City"; and the undersigned owner of record of property hereinafter described, hereinafter referred tO as "Owner; witnesseth: WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon South Commonwealth Avenue, between Adams Street and the south end, consisting of pavement reconstruction along with curb and gutter and sod restoration; and WHEREAS, said improvements could be paid for by special assessment upon the adjoining properties benefitted thereby; and WHEREAS, Owner is owner of ncord of certain real estate fronting and/or abutting on the portion proposed to be improved, more specifically described as: THAT PART OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 41 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF COMMONWEALTH AVENUE 60 FEET SOUTH OF ITS INTERSECTION WITH THE SOUTH LINE OF ADAMS STREET EXTENDED WESTERLY;THENCE SOUTH ALONG SAID EAST LINE OF COMMONWEALTH AVENUE 60 FEET;THENCE EAST PARALLEL WITH THE SOUTH LINE OF ADAMS STREET EXTENDED 132 FEET;THENCE NORTH PARALLEL WITH THE EAST LINE OF COMMONWEALTH AVENUE 60 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF ADAMS STREET EXTENDED 132 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. • and commonly known as 561 South Commonwealth Avenue which would be subject to special assessment in the event a special assessment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions South Commonwealth Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improvement by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1. For purpose of this agreement"abutting owner$" shall be those persons who are owners of record of the real property fronting and/or adjoining South Commonweath Avenue along the area to be improved. 2. That the City shall cause the construction .7f a local improvement in the public right of ways known as South Commonwealth Avenue in the City of Elgin, County of Kane, Illinois, consisting of pavement reconstruction, along with curb and gutter installation and sod restoration. Said construction shah begin no later than August 30, 1996 provided, however, the City shall have no duty to make or cause said local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than July 22, 1996. 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before July 22, 1996 as provided in paragraph 2 above, City, may reject all agreements previously entered into including this agreement'for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay$1,576.80 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this . s V ee" agreement by both Owner and City; provided Owner may, at Owners option, pay Owners share of the cost of improvements by payment in ten installments with interest at a rate of seven (7) percent per annum. Interest on all outstanding balance shall begin accruing on the date 60 days after the execution of this agreement. Should Owner choose to pay by installment, the first installment shall be due on or before January 2, 1997 and shall be a sum equal to $187.68 plus seven (7) percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $187.68 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owners payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 6 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane • County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the extent of Owners commitment in paragraph 4 above until same is paid in full. A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. -e,f `". OWNER 9, 4,erk—e STATE OF ILLINOIS ) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that /►'le'o►z)9- '1e 57i' el/So n) personally known to me to he the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given�my hand and official seal this 3 day of . 1996. ll gtay,`,/„.) NOTARY Commission Expires g"/7 , 19 cP7. 1 OFFICIAL SEAL 1 DIANN K. O'BRIEN / 1 NOTARY PUBLIC, STATE OF ILLINOIS / 4My Commission Expires Sept. 17, 19991 CITY OF ELGIN, ATTEST: CITY CLERK AGREEMENT IN LIEU OF SPECIAL ASSESSMENT This agreement, made and entered into on the _day of , 1996 by and between the City of Elgin, hereinafter referred to as"City"; and the undersigned owner of record of property hereinafter described, hereinafter referred to as "Owner"; witnesseth: WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon South Commonwealth Avenue, between Adams Street and the south end, consisting of pavement reconstruction along with curb and gutter and sod restoration; and WHEREAS, said improvements could be paid for by special assessment upon the adjoining properties benefitted thereby; and WHEREAS, Owner is owner of record of certain real estate fronting and/or abutting on the portion proposed to be improved, more specifically described as: LOT 11 IN CLEARVIEW ADDITION TO ELGIN, IN THE CITY OF ELGIN,KANE COUNTY,ILLINOIS. and commonly known as 564 South Commonwealth Avenue which would be subject to special assessment in the event a special assessment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions South Commonwealth Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improvement by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that fiaik 1. For purpose of this agreement"abutting owners" shall be those persons who are owners of record of the real property fronting and/or adjoining South Commonweath Avenue along the area to be improved. 2. That the City shall cause the construction of a local improvement in the public right of ways known as South Commonwealth Avenue in the City of Elgin, County of Kane, Illinois, consisting of pavement reconstruction, along with curb and gutter installation and sod restoration. Said construction shall begin no later than August 30, 1996 provided, however, the City shall have no duty to make or cause said local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than July 22, 1995. 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before July 22, 1996 as provided in paragraph 2 above, City, may reject all agreements previously entered into including this agreement fbr said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay$1,944.30 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, atOwner's option, pay Owne"s share of the cost of improvements by payment in ten installments with interest at a rate of seven (7) percent per annum. Interest on all outstanding balance shall begin accruing on the date 60 days after the execution of this agreement. Should Owner choose to pay by installment, the first installment shall be due on or before January 2, 1996 and shall be a sum equal to $194.43 plus seven (7) percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $194.43 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's Share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the l . extent of Owners commitment in paragraph 4 above until same is paid in full. A legal description 1 of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. (14 pg_42.e.p..... OWNER STATE OF ILLINOIS ) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersign, , a No Pup inand for said County, in the State aforesaid, DO HEREBY CERTIFY that ,h/a ,,7J elp ,« - personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given der my hand and official seal this3 day of . 1996. Ll•4(,a/ii, ‘1401 'NOTARY Commission Expires 2—15.- — , 19f... OFFIUAL SEAL 0 JUANITA AIRHART NOTARY PUBLIC STATE OF ILLINOIS MY COMMISSION EXP.FEB.15,1999 CITY OF ELGIN, ATTEST: CITY CLERK AGREEMENT IN LIEU OF SPECIAL ASSESSMENT This agreement, made and entered into on theday of , 1996 by and between the City of Elgin, hereinafter referred to as"City"; and the undersigned owner of record of property hereinafter described, hereinafter referred to as "Owner"; witnesseth: WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon South Commonwealth Avenue, between Adams Street and the south end, consisting of pavement reconstruction along with curb and gutter and sod restoration; and WHEREAS, said improvements could be paid for by special assessment upon the adjoining properties benefitted thereby; and WHEREAS, Owner is owner of record of certain real estate fronting and/or abutting on the portion proposed to be improved, more specifically described as: THAT PART OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 41 NORTH RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN;DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID NORTHWEST QUARTER WITH THE EAST LINE OF COMMONWEALTH AVENUE; THENCE NORTHERLY ALONG THE EAST LINE OF COMMONWEALTH AVENUE 181.35 FEET TO THE NORTH LINE OF U.S. ROUTE 20 BYPASS RIGHT OF WAY AND THE POINT OF BEGINNING; THENCE NORTHERLY ALONG THE EAST LINE OF COMMONWEALTH AVENUE 63.92 FEET TO A POINT 120 FEET(MEASURED ALONG THE EAST LINE OF COMMONWEALTH AVENUE) SOUTHERLY FROM THE SOUTH LINE OF ADAMS STREET EXTENDED WESTERLY; THENCE EASTERLY PARALI.FT, WITH THE SOUTH LINE OF ADAMS STREET 132.2 FEET THENCE SOUTHERLY PARALLEL WITH THE EAST LINE OF COMMONWEALTH AVENUE 64.18 FEET TO osk THE NORTH LINE OF BYPASS RIGHT OF WAY;THENCE WESTERLY ALONG THE NORTH LINE OF SAID BYPASS RIGHT OF WAY TO THE POINT OF BEGINNING;IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. • ek and commonly known as 567 South Commonwealth Avenue which would be subject to special assessment in the event a special assessment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions South Commonwealth Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improvement by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1. For purpose of this agreement"abutting owners" shall be those persons who are owners of record of the real property fronting and/or adjoining,'South Commonweath Avenue along the area to be improved. 2. That the City shall cause the construction of a local improvement in the public right of ways known as South Commonwealth Avenue in the City of Elgin, County of Kane, Illinois, consisting of pavement reconstruction, along with cuth and gutter installation and sod restoration. Said construction shall begin no later than August 30, 1996 provided, however, the City shall have no duty to make or cause said local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than July 22, 1996. 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before July 22, 1996 as provided in paragraph 2 above, City, may reject all agreements previously entered into including this agreement for said local improvements in which case abutting owners and Owner shall be released frpm the terms and conditions of this agreement 4. Owner agrees to pay and shall pay $2,259.97 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City, provided Owner may, at Owner's option, pay Owner's share eiL of the cost of improvements by payment in ten installments with interest at a rate of seven (7) percent per annum. Interest on all outstanding balance shall begin accruing on the date 60 days after the execution of this agreement. Should Owner choose to pay by installment, the first installment shall be due on or before January 2, 1997 and shall be a sum equal to $226.06 plus seven (7) percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $225.99 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. F 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the extent of Owners commitment in paragraph 4 above until same is paid in full. A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. 166. OWNER STATE OF ILLINOIS ) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that IZLAT34 E RP5`F EN►L. L..`. fiZPS personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal this 3 day of Glyn^i J . 1996 ' i; ' /' OFFICIAL SEAL NOTARY / / LILLIAN A.JOZEFOWICZ NOTARY PUBLIC. STATE OF ILLINOIS MY COMMISSION EXPIRES 10.10.87 Commission Expires /0 --/D , 19f2 CITY OF ELGIN, ATTEST: CITY CLERK ATTACHMENT 3 Special Agreements in Lieu of Special Assessment Policy , EI in Agenda Item Non yM Y�4v �rt`n icsi, October 6, 1993 MEMORANDUM TO: Mayor and Members of the City Council FROM: Acting City Manager SUBJECT: . Consideration of a Street Improvement Policy in Lieu of Special Assessment PURPOSE: To provide information for consideration of adopting ea' an Agreement format instead of initiating a Special Assessment for small scale street improvements. BACKGROUND: The City of Elgin has considerable milage of unimproved streets. These are streets that have never been constructed to City standards and are structurally substandard and are often functionally -substandard. Although receiving routine maintenance by the City, these . unimproved streets -- usually with seal coated surfaces, no curbs, gutters, sidewalks and substandard drainage -- do not qualify for 'City of Elgin street improvements. The practice of the City has been to initiate Special Assessments for the construction of these unimproved streets. Special Assessment #2 is currently under construction in the south-west area of the City, a substantial contiguous area of unimproved streets. t. From time-to-time, during the implementation of our annual Street Repair Program, we encounter isolated blocks of unim- proved streets. For example, in our proposed 1994 Street Repair Program Oakley Avenue from Wing Park Boulevard to McClure Avenue is programmed for repairs. However, the one block of •Oakley - from Wing Park Boulevard to Hubbard Avenue is 4111114 unimproved and would need to be excluded from the repair project under current policy. To initiate a Special Assessment for the improvement of this one block would not be as cost effective as developing a mechanism by which this block can be improved as part of the annual Street Repair Program next year. • • Attachment A provides a draught of a Street Improvement Policy, while Attachment B provides a draught of an Agreement in Lieu of Special Assessment. Both documents will require review before finalization by .... Corporation Counsel. FINANCIAL IMPACT: None at this time. RECOMMENDATION: Consideration of the draught Street Improve- ment Policy and Agreement in Lieu of Special Assessment. ft, Robe 0.0. alm, Acting City Manager ROM:JLK:mg Attachments • MDM0149/TEXT071/MEMOTOCN.0 • • • • • • • 4.0* Policy for the Improvement of Unimproved Public Rights-of-Way November 18, 1093 Whereas it is the desire of the City Council of Elgin to facilitate the improvement, to City of Elgin standards, of existing unimproved streets and alleys (ways) within the City. Existing unimproved ways not only require routine maintenance efforts substantially greater than that required for improved ways, but also unimproved ways are frequently functionally deficient and present hazards to vehicular and pedestrian traffic. Whereas it is the current policy of the City Council of Elgin to accomplish the construction of unimproved ways by means of Special Assessments. However, it may not always be cost effective or expedient to utilize the Special Assessment process to accomplish the improvements to unimproved ways . Therefore, the City Council of the City of Elgin has adopted an Agreement in Lieu of Special Assessment by which unimproved ways may be constructed to City of E .gin standards at a cost anticipated to be less ti-an the cost of improvements by Special Assessment. In order to initiate an Agreement in Lieu of Special Assessment, a petition or writing hall be received by the City Engineer from all abutting owners of record fronting and/or adjoining the way to be improved. The salient terms of the Agreement will be as follows : 1. The City shall provide an estimate of cost for the improvement which will result, in the improvement meeting City standards . 2 . The City shall assume 50 percent of the final project cost there of, subject to the following: a. the City will assume 100 percent of that portion of the street construction in excess of 28 feet in width; and b. the City will assume 100 percent of that portion of related storm drainage costs that exceeds 27 inches in diameter. 3. The City shall assume 100 percent of all upgrading and repairs to existing water mains and sanitary sewers . 4 . Any rights-of-way or easements required for the street improvement will be dedicated to the City at no charge to the City. • -2- 5 . In the event all abutting owners fail or refuse to enter into an Agreement, the City may reject all Agreements and abandon the improvement. 6 . Abutting owners shall pay their share ..of the costs for the improvement, either: • a. in full within 60 days of the execution of the Agreement, or; b. in ten annual installments at an interest rate established by City Council. 7 . At the completion of the improvement, the abutting owner's cost may be adjusted based upon the actual cost of the improvement as certified by the City Engineer. The following streets or rights-of-way will not be eligible for City participation under this policy: 1 . Rights-of-way dedicated after the date of adoption of this Policy. 2 . Unconstructed "paper street" rights-of-way. 3. Private streets not dedicated to the public. After a street improvement which reSulted in the street meeting City standards, . the street will be maintained and repaired by the City at the sole expense of the City. Upon execution of the Agreement it *will be recorded with the Kane/Cook County Recorder of Deeds as a lien agreement as security for payment of the abutting owners share of the improvement. • Asw •