T5-79To J
Ordinance No. TS -79
AN ORDINANCE
APPORTIONING THE COST OF THE CONSTRUCTION OF A SANITARY SEWER KNOWN AS THE
"POPLAR CREEK - LOVELL ROAD SANITARY SEWER EXTENSION" AMONG THOSE WHO MAY
ELECT TO HOOK ON AND UTILIZE SUCH SANITARY SEWER
FACILITIES IN THE FUTURE
WHEREAS, Jerry Biggers Chevrolet, Inc., an Illinois corporation,
developed certain real property generally located at the southwest corner
of Route 19 and Lovell Road in the City of Elgin; and
WHEREAS, said territory was without adequate public sanitary sewer
facilities for the proposed development on said property and it was
necessary to extend a sanitary sewer across Poplar Creek beginning at an
interceptor sewer and east to the southwest corner of Route 19 and Lovell
Road, described as follows:
That part of the Northeast Quarter of Section 19, and the
Northwest Quarter of Section 20, Township 41 North, Range 9
East of the Third Principal Meridian, the center line of which is
described as follows: Commencing at the intersection of the
Southerly right -of -way line of State Route 19 with a line that is
20.0 feet Westerly of (measured at right angles thereto) and
parallel with the East line of the Southeast Quarter of Section 18,
Township and Range aforesaid; thence Southerly, along said parallel
line, and being along a line which is 20.0 feet Westerly of
(measured at right angles thereto) and parallel with the East line
of the Northeast Quarter of Section 19, Township and Range afore-
said, a distance of 557.85 feet to a point on a line that is 70.0
feet Northwesterly of (measured at right angles thereto) and
parallel with the former Southerly line of Memorial Field property;
thence Southwesterly, along said parallel line a distance of 377.40
feet for the place of beginning of the center line of said sanitary
sewer improvement; thence Southeasterly along a. line that forms an
angle of 112 degrees 52 minutes 32 seconds to the left with the
prolongation of the last described course, a distance of 351.50
feet; thence Southeasterly along said center line, which forms an
angle of 15 degrees 53 minutes 26 seconds to the left with the
prolongation of the last described course, a distance of 190.56
feet; thence Easterly along said center line which forms an angle
of 22 degrees 29 minutes 39 seconds to the left with the prolongation
of the last described course, a distance of 869.84 feet; thence
Northeasterly along said center line which forms an angle of 44 degrees
59 minutes 46 seconds to the left with the prolongation of the last
described course a distance of 146.0 feet, more or less, to the
center line of Lehman Drive; thence Northwesterly along the center
line of said sanitary sewer which forms an angle of 61 degrees to the
left with the prolongation of the last described course, a distance
of 122.0 feet; thence Northerly along said center line which forms
an angle of 22 degrees to the right with the prolongation of the
last described course a distance of 350 feet, more or less, to the
end of said sanitary improvement. Being situated in the City of
Elgin, Cook County, Illinois; and
WHEREAS, said sanitary sewer extension now makes public sewer facilities
available to property in the immediate vicinity of said sewer line as shown
on Exhibit 'A'; and
WHEREAS, said sanitary sewer extension benefits said property; and
WHEREAS, the City Engineer has determined that the area which is benefitted
by such sanitary sewer extension consists of 51 parcels described on Exhibit IB`;
and
WHEREAS, the City of Elgin finds and determines that the construction
of such sanitary sewer facilities is of benefit to the said surrounding
property and to the general public health, safety and welfare of the City of
Elgin; and
WHEREAS, said sanitary sewer extension was constructed at a cost of
$54,827.37; and
WHEREAS, the design Daily Maximum Flow (DMF) for the twelve (12) inch
Poplar Creek - Lovell Road sanitary sewer has been calculated to be 937,220
gallons per day (gpd) ; and
WHEREAS, the cost is equal to $58.50 per 1,000 gallons per day (Daily
Maximum Flow) ; and
WHEREAS, it is reasonable to apportion the cost of said sanitary sewer
extension among properties whose owners seek to connect to said extension;
and
WHEREAS, Jerry Biggers Chevrolet, Inc. desires to be protected to the
extent that no other parcel within the sanitary service area may be allowed
to connect onto said sanitary sewer extension in the future without reimburs-
ing Jerry Biggers Chevrolet, Inc. for the fair proportionate cost of the
sanitary sewer facilities as benefitting the respective parcel being hooked
on thereto; and
WHEREAS, the City of Elgin is a home rule unit empowered to exercise
any power or perform any function pertaining to its government and affairs;
and
WHEREAS, the provision of sanitary sewer facilities and the apportion-
ment of the cost thereof is within the powers and functions of the City of
Elgin; and
ITHEREAS, it is reasonable to require owners of property connecting to
the aforesaid improvement to bear a proportionate share of the cost of said
improvement in the event said owners desire to connect to and use said sani-
tary sewer.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS:
Section 1. That the City of Elgin shall not permit any person developing
or improving real estate to connect to the sanitary sewer extension which
was constructed by Jerry Biggers Chevrolet, Inc. until there is paid to the
City of Elgin a sum equal to $58.50 per 1,000 gallons per day (Daily Maximum
Flow) for any proposed sewer, plus interest at the rate of 7% per annum accruing
V
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from and after January 1, 1975 to the date of payment. Said fee shall be
in addition to any and all fees established by the City of Elgin for sewer
service.
Section 2. That the total Daily Maximum Flow for any proposed sanitary
sewer in gallons per day shall be calculated by the developer to service the
proposed improvement as determined by the City Engineer in accordance with
applicable statutes and ordinances. The total Daily Maximum Flow of the
proposed sanitary sewer(s) to be connected to said sanitary sewer shall be
as approved by the City Engineer.
Section 3. That the City of Elgin shall upon receipt thereof pay the
sum of $58.50 per 1,000 gallons per day (Daily Maximum Flow) plus the pro
rate share of interest collected to Jerry Biggers Chevrolet, Inc. to reim-
burse said developer for a portion of the cost advanced to construct such
sewer facilities.
Section 4. That a certified copy of this ordinance shall be recorded
in the office of the Recorder of Deeds of Cook County, Illinois.
Section 5. That this ordinance shall be in full force and effect from
and after its passage, as provided by law, and shall be published in pamphlet
form by authority of the City Council.
Presented: February 14, 1979
Passed: February 14, 1979
Vote: Yeas 7 Nays 0
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City
s/ Richard L. Verbic
Richard er ic, Mayor
02A 15 -7
ADDRESS
254 Waverly Dr.
Elgin, IL 60120
6 Foutain Square Plaza
Elgin, IL 60120
72 West Adams St.
Chicago, IL 60603
3025 Tower Ave.
Superior, WI 54880
24 E. Chicago St.
Elgin, IL 60120
1495 E. Chicago St.
Elgin, IL 60120
1501 E. Chicago St.
Elgin, IL 60120
1525 E. Chicago St.
Elgin, IL 60120
1525 E. Chicago St.
Elgin, IL 60120
1400 Sheldon Drive
Elgin, IL 60120
750 N. York Road
Elmhurst, IL 60126
120 S. LaSalle St.
Chicago, IL 60603
POPLAR CREEK - LOVELL ROAD
SANITARY SEWER EXTENSION
EXHIBIT A
F
PARCEL NO.
OWNER
1
U.S. Shelter
2
First National Bank
Tr. No. 2380
3
First National Bank
Tr. No. 2380
4
Commonwealth Edison Co.
5
Lakehead Pipeline Co.
6
Elgin National Bank
Tr. No. 310
7
Kathryn Ostdick
8
Kathryn Ostdick
Leroy C. Anderson
9
10
Donald Nesler
11
Frank Nesler
12
Sheldon Mfg. Co.
13
Elgin Midland Corp.
14
Central Nat'l. Bank
Tr. No. 18193
15
Central Nat'l. Bank
Tr. No. 18193
16
Central Nat'l. Bank
Tr. No. 18193
17
Central Nat'l. Bank
Tr. No. 18193
02A 15 -7
ADDRESS
254 Waverly Dr.
Elgin, IL 60120
6 Foutain Square Plaza
Elgin, IL 60120
72 West Adams St.
Chicago, IL 60603
3025 Tower Ave.
Superior, WI 54880
24 E. Chicago St.
Elgin, IL 60120
1495 E. Chicago St.
Elgin, IL 60120
1501 E. Chicago St.
Elgin, IL 60120
1525 E. Chicago St.
Elgin, IL 60120
1525 E. Chicago St.
Elgin, IL 60120
1400 Sheldon Drive
Elgin, IL 60120
750 N. York Road
Elmhurst, IL 60126
120 S. LaSalle St.
Chicago, IL 60603
-2-
PARCEL N0.
OWNER
ADDRESS
18
Crystal Brook Rm. 2027
33 N. LaSalle St.
Chicago, IL 60602
19
Marshal Savings & Loan
Tr. X6101147
20
Commonwealth Edison Co.
72 W. Adams St.
Chicago, IL 60603
21
Harry C.•Boehning
1410 E. Chicago St.
Elgin, IL 60120
22
School Lot
23
James 0. Frick
550 Rex Blvd.
Elmhurst, IL 60126
24
Elgin Bible Church
1580 E. Chicago Street
Elgin, IL 60120
25
Elgin Bible Church
26
Dr. John T. Nelson
Rt. 1, Box 313
Elgin, IL 60120
27
William Ostdick Est.
8 Glen Echo Street
Elgin, IL 60120
28
Chicago Title & Trust Co.
Land Trust Department
Trust No. 1073749
111 West Washington St.
Chicago, IL 60602
29
Thomas A. Calendo
20 Glen Echo St.
Elgin, IL 60120
30
Laurence Ostdick
26 Glen Echo St.
Elgin, IL 60120
31
Ralph Hattendorf
30 Glen Echo St.
Elgin, IL 60120
32
Robert Mueller
158 Henry St.
Elgin, IL 60120
33
William G. Schumacher
40 Glen Echo St.
Elgin, IL 60120
34
Walter C. Lange
44 Glan Echo St.
Elgin, IL 60120
35
Larry R. Illa
39 Glen Echo St.
Elgin, IL 60120
36
Harold Bruskewitz
108 Shagbark Ln. Rt. 1
Elgin, IL 60120
G
W
ii
-3-
PARCEL NO.
OWNER
ADDRESS
37
Harold Bruskewitz
108 Shagbark Ln., Rt. 1
Elgin, IL 60120
38
Tom W. Collins
1508 Circle Drive
Elgin, IL 60120
39
Rowland L. Pierce
1548 Chestnut St.
Elgin, IL 60120
40
Grant Thomas
1 S. Grove Avenue
Elgin, IL 60120
41
James A. Hobbs
1547 Chestnut St.
Elgin, IL 60120
42
Alfred T. Parr
1533 Chestnut St.
Elgin, IL 60120
43
Alfred T. Parr
1533 Chestnut St.
Elgin, IL 60120
44
Carl K. Rippberger
1505 Chestnut St.
Elgin, IL 60120
45
James Entwistle
1491 Chestnut St.
Elgin, IL 60120
46
Lawrence H. Kawa
19 Glen Echo St.
Elgin, IL 60120
47
Lawrence & B. Kawa
19 Glen Echo St.
Elgin, IL 60120
48
Meyer & B. Margolin
11820 Mayfield Ave.
Los Angeles, CA 90049
49
Walter H. Horn
25 Glen Echo St.
Elgin, IL 60120
50
William R. Grozis
23 Glen Echo St.
Elgin, IL 60120
51
Raymond W. Hagel
1500 Chestnut St.
Elgin, IL 60120
POPLAR CREEK -- LOVELL ROAD
SANITARY SEWER EXTENSION
SEINER LINE
--- EXISTING
- --E--�
EXTENSION
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---- GENERAL SANITARY SEWER SERVICE AREA
*FOR PARCEL NOS, 27 TO 51 SEE ATTACHED
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to
150 DEXTER COURT
February 27, 1979
Stanley T. Kusper, Jr.
Cook County Clerk
Room 402, County Building
Chicago, Illinois 60602
Dear S i r:
TELEPHONE 3121695-6500
ELGIN, ILLINOIS 60120
Re: Ordinance No. T5 -79 - apportioning the
cost of the construction of a sanitary
sewer known as the Poplar Creek - Lovell
Road Sanitary Sewer Extension.
Enclosed please find certified copy of the
above mentioned ordinance for filing in your office.
G
enc.
W
Very truly yours,
Marie Yearman
City Clerk
-Fit
1 ft tit 150 DEXTER COURT
August 7, 1979
Cook County Recorder's Office
118 North Clark Street
Chicago, Illinois 60602
Gentlemen:
TELEPHONE 312/695.6500
ELGIN, ILLINOIS 60120
Enclosed please find certified copy of Ordinance
T5-79, which was passed by the Elgin City Council on February
14, 1979, together with our check in the amount of $11.00
to cover your recording fees.
Please return the recorded document to the
undersigned.
enc.
Thank you for your attention to this matter.
Very truly yours,
Marie Yearman
City Clerk