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T4-77 •1 4 I 4834 i TJU # � RECORDER a DEM • • . Ordinance No. T4-77 AN ORDINANCE ALLOCATING THE COST OF A STORM WATER DETENTION AREA IN ELGIN OAKS INDUSTRIAL PARK WHEREAS, Arthur Rubloff and Company is the owner of certain real estate known as Elgin Oaks Industrial Park and legally described as follows: That part of the Southeast quarter of Section 33 and part of the Southwest quarter of Section 34, all in Township 42 Range 8 East of the Third Principal Meridian described _ to 0„.., as follows: Commencing at the Northwest corner of the South- east quarter of Section 33, Township 42 North, Range 8 East (isr of the Third Principal Meridian,thence, Southerly along the C--'° 'r 'P West line thereof, a distance of 1155.00 feet to a point; �`^^� �'�- thence Easterly on a line forming an angle of 90 degrees 00 �-v►. minutes to the left with the last described West line, a e„01-,-,- distance of 628.73 feet for the point of beginning; thence continuing Easterly along the last described line extended, a distance of 751. 27 feet to a point in the West line of the Northeast quarter of the Southeast quarter of Section 33; thence North 0 degrees 29 minutes East along said West line, a distance of 1153.50 feet to the North line of the Southeast quarter of said Section 33; thence 589 degrees 01 minutes East along said North line a distance of 1321.40 feet; thence South 89 degrees 52 minutes East along the North line of the Southwest quarter of Section 34, Township and Range aforesaid, a distance of 1270. 50 feet to the West line of lot 2 of Millersville Sub- division; thence South 0 degrees 38 minutes West, a distance of 63.05 feet; thence South 88 degrees 34 minutes East, a distance of 328.85 feet to the West right of way line of Illinois State Toll Highway Commission parcel number N-4D-63.2; thence North- easterly along said West line, a distance of 47.15 feet; thence Easterly on a line forming an angle of 88 degrees 31 minutes to the right with the last described line extended a distance of 73.0 feet to a point in the Westerly right of way line of State Route No. 31 (SBI 22) said West line also being the East right of way line of Illinois State Toll Highway Commission parcel number N-4D-63. 2; thence Southwesterly along said right of way line, a distance of 1359.83 feet more or less to the Northerly right of way line, as monumented of the State of Illinois Northwest Toll Highway; thence Southwesterly, along said Northerly right of way line, as monumented, which forms an angle of 28 degrees 05 minutes 18 seconds to the right with the prolongation of the last described course, 196.61 feet to an angle in said Northerly right of way line; thence Southwesterly, along said Northerly right of way line, as monumented, which forms an angle of 21 degrees 43 minutes 06 seconds to the right with the prolonga- tion of the last described course, 848. 08 feet to an angle in said Northerly right of way line; thence Southwesterly, along said Northerly right of way line, as monumented, which forms an angle • r` j Northerly right of way line; thence Northwesterly, along said Northerly right of way line, as monumented, which forms an angle of 30 degrees 19 minutes to the right with the prolonga- tion of the last described course, 1197.74 feet to an angle in said Northerly right of way line; thence Northwesterly, along said Northerly right of way line, as monumented, which forms an angle of 0 degrees 19 minutes 56 seconds to the left with the prolongation of the last described course, 900.07 feet to an angle in said Northerly right of way line, thence Northwesterly, along said Northerly right of way line, as monumented, which forms an angle of 5 degrees 53 minutes 26 seconds to the right with the prolongation of the last described course, 603.09 feet to an angle in said Northerly right of way line; thence North- westerly, along said Northerly right of way line, as monumented, which forms an angle of 5 degrees 34 minutes 35 seconds to the left with the prolongation of the last described course, 99.76 feet to a jog in said Northerly right of way line, as monumented; thence Northeasterly, along said jog, which forms an angle of 89 degrees 44 minutes 18 seconds to the right with the prolonga- tion of the last described course, a distance of 151.41 feet; thence Westerly, along a line, which forms an angle of 90 degrees 00 minutes to the left with the prolongation of the last described course, a distance of 254. 20 feet to the West line of the South- east quarter of Section 33 Township and Range aforesaid; thence North along said West line 68.4 feet; thence in a Southeasterly direction along a straight line, a distance of 604.98 feet to the Place of Beginning. Being situated in Dundee Township, Kane 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 $74,358.61 and has been advanced and paid for by Arthur Rubloff and Company; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function pertaining to its goveiinaent and affairs; and WHEREAS, adequate provisions for a storm water runoff is a function per- taining to the goveinmient 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 are of 160 acres; and WMFPFAC *h. (-44- L____i___ r - • • • 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 Elgin Oaks Industrial Park and constructed by Arthur Rubloff and Company, until such time 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 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, 1977. If full payment is not made by July 1, 1977 then payment shall be made in full plus interest at the rate of seven (7%) percent per annum accruing from and after July 1, 1977 until the date of payment. Section 4. That any amounts received by the City Treasurer for connection and use of the aforesaid storm water detention areas pursuant to the terms of this ordinance shall be paid to Arthur Rubloff and Company, or their successors or assigns, as reimbursement for the cost and expense of constructing 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 Kane County, Illinois. Section 6. That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. s/ Richard L . Verbic Richard L. Verbic, Mayor Presented: February 9, 1977 Passed: February 23 , 1977 Vote: Yeas 7 Nays 0 Recorded: Published: This instrument prepared bg Attest: Address �v C s/ Marie Yearman Marie Yearman, City Clerk r 414634 T937 L� 140665E 3 . 44 State of Illinois County of Kane is Certificate of City Clerk City of Elgin 41115 I, Marie Yearman, DO HEREBY CERTIFY that I am the City Clerk of the City of Elgin, 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 Fi OR,CittVx4f0C6 S4-cDp_,Vvt De•tel,34-1 •ck) .... On iLs ciL s 44 I the original of which is entrusted to my care for safe keeping. In Witness Whereof,I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this.... ts.A day of , 19.72. 41) (SEAL) th 1C4'31\ Ffg? - m cw, t; • 4 1 4 8 3 Li. 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