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T2-76 . - 1 4 ' Ordinance No. T2-76 23 5/ AN ORDINANCE U 35.2 ALLOCATING THE COST OF A S1 ORM WATER DETENTION AREA IN LORD'S PARK MANOR WHEREAS, John Stolt and Allan Egner, d/b/a Stolt E Egner, a partnership, are the owners of certain real estate iliown as Lord's Park Manor and legally described as follows: That part of Lot 2 of the Ciurcuit Court Partition of part of Sections 6 and 7, Township 41 North, Range 9 East of the Third Principal Meridian according to the plat thereof recorded in the Recorder's Office of Cook County on February 13, 1918 as Document No. 6272373 in Book 151 of Plats, page 39, described as follows: Beginning at the Northwest corner of a Public Park as platted in Lord's Park Manor, .Unit No. 5, being a subdivision of part of Lots 2, 3 and 5 of said Circuit Court Partition of parts of Section 6 and 7; thence Northerly along the West line extended Northerly of said Lord's Park Manor, Unit No. 5, a distance of 516.2 feet to a point on a line that is 130.0 feet Southerly of (measured along said West line, extended Northerly) and parallel with the South line, extended Easterly, of Cooper Avenue; thence Easterly along said parallel line, a distance of 85.0 feet; thence Northerly, parallel with the West line, extended Northerly, of said Lord's Park Manor, Unit No. 5, a distance of 130.0 feet to a point on the South line, extended Easterly, of Cooper Avenue; thence Easterly along said South line, extended Easterly, a distance of 50.0 feet; thence Southerly, parallel with the West line extended Northerly, of said Lord's Park Manor, Unit No. 5, a distance of 130.0 feet to a point on a line that is 130.0 feet Southerly of (as measured along the West line, extended Northerly, of said Lord's VA Park Manor, Unit No. 5) and parallel with the South line, extended Easterly, of Cooper Avenue as aforesaid; thence Easterly along said parallel line, a distance of 1600 feet; thence Southerly parallel (-10 with the West line, extended Northerly, of said Lord's Park Manor, r.)' Unit No. 5, a distance of 317.0 feet more or less to a point on the Southwesterly line, extended Northwesterly, of Lots 285, 286, and 287 of said Lord's Park Manor, Unit No. 5; thence Southeasterly along said Southwesterly line, extended Northwesterly, a distance of 261.0 feet, more or less, to the most Westerly corner of said Lot 287; thence Westerly along the Northerly line of a Public Park as platted in said Lord's Park Manor, Unit No. 5, a distance of 489.28 feet to the place of beginning; ALSO that part dedicated for park in Lord's Park Manor Unit No. 5, being a subdivision of part of Lots 2, 3 and 5 in Circuit Court Partition of parts of Sections 6 and 7, Township 41 North, Range 9 East of the Third Principal Meridian according to the plat thereof recorded in the Recorder's Office of Cook County on June 13, 1973 in Book 951 of Plats, page 44 as Document No. 22359642 being situated in the City of Elgin, Cook County, Illinois. required by the City of Elgin to provide a storm water detention area which will serve adjoining properties; and WHEREAS, the total cost of the storm water detention area is $18,780.64 and has been advanced and paid for by Stolt & Egner; and ti . - ' . 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 #4111) WHEREAS, adequate provisions for a storm water runoff is a function per- taining to the government and affairs of the City of Elgin; and WHEREAS, it is reasonable to require owners of property which may be benefitted by storm water detention areas to bear a proportionate of the cost of such facilities in the event that such owners desire to connect and use such areas; and WHEREAS, the City Engineer of the City of Elgin has determined the areas that would be benefitted by the aforesaid storm water detention area; and WHEREAS, the above described storm water detention area will serve a total drainage area of 80 acres; and WHEREAS, the City Council hereby feels that the fair proportionate cost to areas benefitted by the above described storm water detention area should be computed at the rate of $234. 758 per acre. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That no territory described and identified in Exhibit 'A' , attached hereto and made a part hereof, shall be permitted to connect or otherwise use the storm water detention area in Lord's Park Manor and con- structed by John Stolt and Allan Egner, d/b/a Stolt $ Egner, until such time 47) as payment is made to the City of Elgin of an amount allocated as the fair proportionate share of the proposed improvement as set forth in Exhibit 'B' , attached hereto and made a part hereof by reference. Section 2. That any property held in common ownership with other 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 hook on to the aforesaid storm water detention area may pay the amount allocated without interest if payment is made prior to July 1, 1976. If full payment is not made by July 1, 1976 then N payment shall be made in full plus interest at the rate of seven (7%) percent per annum accruing from and after July 1, 1976 until the date of payment. Section 4. That any amounts received by the City Treasurer for connection taj and use of the aforesaid storm water detention area pursuant to the terms of this !Cj^t ordinance shall be paid to John Stolt and Allan Egner, d/b/a Stolt ET Egner, or a their successors or assigns, as reimbursement for the cost and expense of con- structing such storm water detention area allocable to other properties as provided in this ordinance. Section 5. That a certified copy of this ordinance shall be recorded with the Recorder of Deeds of Cook County, Illinois. Section 6. That this ordinance shall be in full force and effect from and 47/ after its passage and approval in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor