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T2-9296 ;074260 State of Illinois) County of Kane ) ss. City of Elgin ) CERTIFICATE OF CITY CLERK FILED FOR RECOrRD COKINTY, ILL. 96 0 C T ( 6 P nif 2: 45 I, Dolonna Mecum, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of 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: ORDINANCE NO. T2 -92 AN ORDINANCE ESTABLISHING FEES FOR THE CONNECTION AND USE OF CERTAIN WATERMAIN IMPROVEMENTS 60 passed by the Elgin City Council at its legally convened meeting held on October 14, 1992. In Witness Whereof, I have hereunto set my hand and .23rA affixed the corporate seal of the City of Elgin at the said rri(JN 3 City in the County and State aforesaid this October 16, 1996. W (� Zvi ZV! , -: 't` City Clerk (SEAL) This instrument prepared by: Return to: Erwin Jentsch Dolonna Mecum Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court (, 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 If, !/1 96K0; 4260 Ordinance No. T2 -92 AN ORDINANCE ESTABLISHING FEES FOR THE CONNECTION AND USE OF CERTAIN WATERMAIN IMPROVEMENTS WHEREAS, the Pulte Home Corporation has caused certain watermain improvements to be made and identified as the Pulte Home Corporation, Bowes /McLean watermain extension improvement; and WHEREAS, the cost of the Pulte Home Corporation, Bowes /McLean watermain extension to be recaptured amounts to $214,531.11; and WHEREAS, $68,850.54 of the recapture amount shall be considered Pulte Home Corporation's fair share of said improvement; and WHEREAS, an additional $43,788.95 of the recapture amount shall be reimbursed by the City of Elgin to Pulte Home Corporation, which amount shall be considered payment for parcel 3 and parcel 5 fair share of said improvement; and WHEREAS, the reimbursed amount of parcel 3 and parcel 5 fair share shall be assessed to benefiting parties at the annexation of said parcels; and WHEREAS, the amount to be recaptured by this ordinance for Pulte Home Corporation shall be $101,891.62; and WHEREAS, said improvements extend across property located within the City of Elgin for a distance of 5631 feet; and WHEREAS, the City of Elgin is a home rule unit empowered to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, it is reasonable to require owners of property adjoining said improvements to bear a proportionate share of the cost of said improvement in the event that said owners desire to connect to and use said watermain. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That any owner of property adjoining the above described Pulte Home Corporation, Bowes /McLean watermain extension and legally described as attached hereto who desires to connect to and use said facilities shall pay to the City Treasurer of the City of Elgin, Illinois, a fee in an amount determined at the rate of $27.54 per front foot of such owner's property adjoining said improvement. Said fee shall 7 be in addition to any and all other fees established by the City of Elgin for water service. Section 2. Section 1 of established to the Pulte Home improvement: Property Owner City of Elgin Fox Bluff Sentry Construc- tion, Inc. Family Builders Anest Group Total That in accordance with the provisions of this ordinance, the following amounts are be paid for connection to property adjoining Corporation, Bowes /McLean watermain extension Front Footage 1290 1480 66 1320 Cost to be Recovered $ 35,526.88 $ 28,194.00 $ 1,817.65 $ 36,353.09 $ 101,891.62 Section 3. That adjoining properties held in common ownership shall be subject to payment of an amount based upon the frontage of all said properties when application for connection for any of said lots is made. Section 4. That any person desiring to hook on to said watermain improvement prior to November 28, 1992, may pay said amount in full without interest. Section 5. That any person desiring to hook on to said watermain improvement after November 28, 1992, shall pay an amount equal to the amount established for the property to be served plus interest at the rate of seven (7%) percent of the total amount due accruing from and after November 28, 1992 to the date of payment. Section 6. That a certified copy of this ordinance shall be recorded with the Recorder of Deeds, Kane County, Illinois. Section 7. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 8. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ George VanDeVoorde George VanDeVoorde, Mayor 3 61S07426O Presented: October 14, 1992 Passed: October 14, 1992 Omnibus Vote: Yeas 7 Nays 0 Recorded: October 15, 1992 Published: Attest: sl Dolonna Mecum Dolonna Mecum, city clerk cGxn7426O q DR COPY Not Peso ns'ble 'Productio; s J N O_ •S Z Q W - J U N z Z Q N W 3 0 m W m D CLd ma O U U W � Z � O Q =mow W W O F J ~f Q IL 3: avow �— '7ld niVVU `� Valley Bank and Trust Co. Trust Number 0431 888 N. LaFox South Elgin, IL 60177 Parcel 1 06 -27- 126 -005 06- 27- 200 -005 06 -27- 326 -001 06 -27- 400 -001 That part of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at: the Northeast corner of the South Half of the Northeast Quarter of said Section 27; thence Southerly along the East line of the Northeast Quarter of Section 27, 1,331.82 feet (1,331.6 feet deed) to the East Quarter corner of Section 27; thence Southerly along East line of the Southeast Quarter of Section 27, 495 feet; thence Westerly parallel with the North line of the Southeast Quarter of said Section 27, 2,628.14 feet (2,628 feet deed) to the North and South centerline of said Section 27; thence Northerly along said North and South centerline of Section 27, 162.22 feet (161.9 feet deed) to a point 332.73 feet (333.1 feet deed) South of the center of said Section 27; thence Westerly parallel with the North line of the Southwest Quarter of Section 27, 954.14 feet (954.5 feet deed) to the centerline of McLean Boulevard (State Aid Route 18); thence Northerly along said centerline, being along a curve to the left, an arc distance of 900.20 feet (899.85 feet deed); thence Northerly along said centerline, being tangent to the last described curve, a distance of 653.89 feet; thence Northerly along said centerline, being along a line that forms an angle of 00 degrees 02 minutes 00 seconds to the right with the prolongation of the last described course, 100 feet to the North line of the Southeast Quarter of the Northwest Quarter of said Section 27; thence Easterly along the North line of the Southeast Quarter of the Northwest Quarter, 837.22 feet (837.5 feet deed) to the Northwest corner of the South Half of the Northeast Quarter of said Section 27; thence Easterly along the North line of the South Half of said Northeast Quarter, 2,636.79 feet (2,637.10 feet deed) to the Point of Beginning, in the City of Elgin, Kane County, Illinois. 96K074260 Sentry Construction, Inc. P.O. Box 7005 Elgin, IL 60120 Parcel 2 06 -27- 176 -020 That part of the Southwest Quarter & the Northwest Quarter of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the intersection of the center line of McLean Boulevard with the Easterly extension of the South line of Lots 1, 2, 3 and 4 of Elgin Estates Unit 1, being a subdivision of part of said Southwest Quarter and Northwest Quarter; thence North 89 degrees 39 minutes 51 seconds west along said Easterly extension 315.01 feet to a jog in said Elgin Estates Unit 1; thence South 33 degrees 45 minutes 07 seconds west along a South easterly line of said Unit 1 a distance of 310.05 feet (310.0 feet record) to a jog in said Unit 1; thence South 38 degrees 00 minutes 39 seconds West along a Southeasterly line of said Unit 1, a distance of 352.01 feet (353.0 feet record) to a jog in said Unit 1; thence South 0 degrees 02 minutes 41 seconds West along a Easterly line of said Unit 1, a distance of 409.61 feet (409.0 feet record) to the center line of Bowes Road; thence North 90 degrees 00 minutes 00 seconds East along said center line 626.40 feet to the intersection of said center line with the center line of McLean Boulevard; thence North 04 degrees 59 minutes 43 seconds East along the center line of McLean Boulevard 504.09 feet to a jog in said center line; thence North 04 degrees 25 minutes 09 seconds East along said center line 442.04 feet to the point of beginning, in the City and Township of elgin, Kane County, Illinois. 7 6KO74260 Elgin Estates Subdivision Parcel 3 That part of the Northwest quarter and part of the Southwest quarter of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Commencing at a point in the East line of the Southwest quarter of the Northeast quarter of Section 28, Township and Range aforesaid; thence Easterly along a line that if extended would intersect the center line of McLean Boulevard at a point 165.66 feet Southerly of (measured along said center line) the Norht line of the South half of the Northwest quarter of said Section 27, a distance of 1623.21 feet for the place of beginning; thence continuing Easterly along the prolongation of the last described course a distance of 1501.57 feet to a point in the center line of McLean Boulevard that is 165.66 feet Southerly of (measured along said center line) the North line.of the South half of the Northwest quarter of siad Section 27; thence Southerly along the center line of McLean Boulevard a distance of 386.94 feet;.thence Westerly along a line that forms an angle of 85 degrees 55 minutes to the right with the prolongation of the last described course a distance of 315.13 feet; thence Southwesterly along a line that forms an angle of 56 degrees 30 minutes to the left with the prolongation of the last described course a distance of 310.0 feet; thence Southwesterly along a line that forms an angle of 4 degrees 09 minutes to the right with the prolongation i� of the last described course a distance of 353.0 feet; thence Southerly along a line that forms an angle of 37 degrees 58 minutes to the left with the prolongation of the last described course a distance of 409.0 feet to the center line of bowes Road; thence Westerly along the center line of Bowes Road a distance of 843.0 feet; thence Northerly along a line'. perpendicular to the center line of Bowes Road a distance of 339.78 feet; thence Northeasterly along a line that forms an angle of 29 degrees 45 minutes to the right with the prolongation of the lat described course a distance of 75.65 feet; thence Northerly along a line that forms an angle of 29 degrees 26 minutes to the left with the prolongation of the last described course a distance of 160.0 feet; thence Easterly at right angles to the last described course a distance of 33.0 feet; thence Northerly at right angles to the last described course a distance of 160.0 feet; thence Northwesterly along a line that forms an angle of 17 degrees 38 minutes to the left with the prolongation of the last described course a distance of 69.25 feet; thence Northerly along a line that forms an angle of 17 degrees 38 minutes the right with the prolongation of the last described course a distance of 320.0 feet; thence Northeasterly along a line that forms an angle of 17 degrees 38 minutes to the right with the prolongation of the last described course a distance of 69.25 feet; thence Northerly along a line that forms an angle of 17 degrees 38 minutes to the left with the prolongation of the last described course a distance of 160.0 feet to the place of beginning. Being situated in Elgin Township, Kane County, Illinois. fy 96K074260 Family Builders 4N405 Foxfield Drive P.O. Box 524 St. Charles, IL 60174 Parcel 4 06 -27- 151 -023 06 -28- 200 -014 That part of Sections 27 and 28, Township 41, North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of 89 in Elgin Estates Unit No. 1, being a subdivision of part of said Section 27; thence Southerly along the West line of said Lot 89, 9.18 feet for the point of beginning; thence continuing southerly along said West line, 150.82 feet to the Southwest corner of said Lot 89; thence Southwesterly 69.25 feet to the Northwest corner of Lot 69 in: said Elgin Estates Unit No. 1; thence southerly along the West line of said lot 69 and along the West line of Lot 63 in said Elgin Estates Unit No.1,.320.0 feet to the Southwest corner of said Lot 63, thence Southeasterly 69.25 feet to the Northwest corner of Lot 62 in said Elgin Estates Unit No. 1; thence Southerly along the west line of said Lot 62, 160.0 feet to the Southwest corner of said Lot 62; thence Westerly along the North line of Lot 33 in said Elgin Estates Unit No. 1, 33.0 feet to the Northwest corner of said Lot 33; thence Southerly along the West line of said Lot 33, 160.0 feet to the Southwest corner of said Lot 33; thence Southwesterly 75.65 feet to the Northwest corner of Lot 32 in said Elgin Estates Unit No. 1; thence Westerly along the North line extended Westerly of said Lot 32, 88.10 feet; thence Northwesterly along a curve to the right having a radius of 189.78 feet and being tangent to the last described course, 119.67 feet; thence Northwesterly along a curve to the left having a radius of 1819.78 feet and being tangent to the last described curve, 119.83 feet; thence Westerly tangent to the last described curve, 44.58 feet; thence Southerly along a line that forms an angle of 90 degrees 17 minutes 43 seconds to the left with the prolongation of the last described course, 367.68 feet to the Northerly right of way line of Bowes Road; thence Westerly along said Northerly right of way line being along a curve to the right having a radius of 3743.28 feet. The cord of said curve forms an angle of 93 degrees 49 minutes 39 seconds to the right with the prolongation of the last described course, 66.01 feet; thence Northerly along a line that forms an angle of 86 degrees 10 minutes 21 seconds to the right with the prolongation of the chord of the last described curve 367.42 feet; thence Northeasterly along a curve to the right having a radius of 378.69 feet and being tangent to the last described course, 547.46 feet; thence Northerly along a line that forms an angle of 48 degrees 35 minutes 06 seconds to the left with the prolongation of the chord of the last described curve, 163.93 feet; thence Northwesterly along a line that forms an angle of 31 degrees 05 minutes 55 seconds to the left with the prolongation of the last described course, 152.00 �6�074260 -2- feet, thence Northerly along a line that forms an angle of 38 degrees 00 minutes to the right with the prolongation of the last described course, 97.63 feet; thence Northeasterly along a line that forms an angle of 19 degrees 50 minutes to the right with the prolongation of the last described course, 169.65 feet to a line drawn Westerly parallel with the north line extended Westerly of said Elgin Estates Unit No. 1 from the point of beginning, thence Easterly along said parallel line 215 feet to the point of beginning, in the City of Elgin, Kane County, Illinois. 16 90074260 Grace Evangelical Church 35W984 Bowes Rd. Elgin, IL 60123 Parcel 5 06 -27- 301 -001 06 -27- 154 -001 All that part of the West 1/2 of Section 27, and the East 1/2 of Section 28, all in Township 41 North, Range 8 East of the 3rd Principal Meridian, described as follows: Beginning on the West line of Elgin Estates, Unit No.l, at the north line of Bowes Road as dedicated October 10, 1952 as Document No. 708594, said North line being a line 33 feet North of the center line of said road; thence North along the West line of Lots 29, 30,.31 and 32 of said Elgin Estates, Unit No. 1, a distance of 306.78 feet to the Northwest corner of said Lot 32; thence Westerly along the extension of the Northerly line of said Lot 32, 88.10 feet to a point of curve; thence West and Northwest on a curved line, said curve being convex to the Southwest having a radius of 189.78 feet, a distance of 119.67 feet to a point of reverse curve; thence Northwesterly on a curved line, said curve being convex to the Northeast and having a radius of 189.78 feet, a distance of 56.56 feet; thence South Parallel with the West line of said Lots 29, 30, 31 and 32 of said Elgin Estates, Unit No. 1, and said line extended, a distance of 368.70 feet to the North line of Bowes Road, aforesaid, thence Easterly along the North line of said road a distance of 249.63 feet to the place of beginning, in the Township of Elgin, Kane County, Illinois. 56K074260 Anest, Bill and Peter 400 S. Curran Rd. #150 Grayslake, IL 60030 Parcel #6 06 -28- 400 -006 06 -28- 400 -008 06 -28- 300 -005 06 -28- 300 -007 That part of the South Half of Section 28, Township 41 North,. Range 8 East of the Third Principal Meridian, described as follows, to wit: Beginning at the Northeast corner of the West Half of the Southeast Quarter of said Section 28; thence South 00 degrees 24 minutes 30 seconds West, along the East line of said West Half of the Southeast Quarter, 1200.00 feet; thence North 89 degrees 35 minutes 30 seconds West, 190.00 feet; thence South 00 degrees 24 minutes 30 seconds West, 110.00 feet; thence North 89 degrees 35 minutes 30 seconds West, 688.00 feet; thence South 89 degrees 34 minutes 33 seconds West, 65.63 feet; thence South 75 degrees 56 minutes 56 seconds West, 47.51 feet; thence South 62 degrees 00 minutes 00 seconds West, 86.95 feet; thence North 28 degrees 00 minutes 00 seconds West, 110.10 feet; thence South 62 degrees 00 minutes 00 seconds West, 60.00 feet; thence North 28 degrees 00 minutes 00 seconds West, 483.88 feet to a point of curve; thence Northerly along the arc of a curve convex Westerly, having a radius of 770.00 feet, for an arc distance of 376.29 feet (chord bearing North 14 degrees 00 minutes 00 seconds West, 372.56 feet) to a point of tangent; thence, tangent from said curve, North, a distance of 509.76 feet to a point on.the North line of the South Half of said Section 28; thence, East, along the North line of said South Half of Section 28, a distance of 1515.00 feet to the place of beginning. Also that part of Bowes Road lying North of and adjacent to the North line of the aforedescribed property, in Elgin Township, Kane County, Illinois. UMD That part of the South Half of Section 28, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows, to wit: Beginning at a point on the North line of the South Half of said Section 28, from which the Northeast corner of the West Half of the Southeast Quarter of said Section 28, bears East, a distance of 1515.00 feet; thence from said point of beginning, South, a distance of 509.76 feet to a point of curve; thence Southerly along the arc of a curve convex Westerly, having a radius of 770.00 feet for an arc distance of 376.29 feet (chord bearing South 14 degrees 00 minutes 00 /L seconds East, 372.56 feet) to a point of tangent; thence South °6K074260 I Parcel #6 Page 2 28 degrees 00 minutes 00 seconds East, 483.88 feet; thence South 62 degrees 00 minutes 00 seconds West, 32.42 feet to a point of curve; thence Southwesterly along the arc of a curve convex Southerly having a radius of 310.00 feet for an arc distance of 98.39 feet (with a chord bearing South 71 degrees 05 minutes 39 seconds West, 97.98 feet); thence Radially from said curve, South 09 degrees 48 minutes 52 seconds East, 116.24 feet; thence West, a distance of 164.42 feet; thence South 83 degrees 50 minutes 58 seconds West, 57.86 feet; thence South 71 degrees 32 minutes 51 seconds West, 57.86 feet; thence South 59 degrees 14 minutes 47 seconds West, 57.86 feet; thence South 48 degrees 54 minutes 24 seconds West 67.43 feet; thence South 48 degrees 00 minutes 00 seconds West, 228.88 feet; thence South 52 degrees 27 minutes 47 seconds West, 98.97 feet; thence North 89 degrees 46 minutes 30 seconds.West, 326.45 feet; thence South 09 degrees 54 minutes 38 seconds-West, 25.38 feet; thence North 66 degrees 07 minutes 08 seconds West; 100.01 feet; thence North 83 degrees 16 minutes 12 seconds West, 210.87 feet; thence North 89 degrees 46 minutes 30 seconds West, 100.00 feet to a point on the West line of the East Half of the Southwest Quarter of said Section 28; thence along said West line, North 00 degrees 13 minutes 30 seconds East, 1730.00 feet to the North line of the South Half of said Section 28; a distance of 1135.00 feet to the place of beginning. Also that part of Bowes Road and Randall Road lying North and West of and adjacent to the North and West lines of the aforedescribed property, in Elgin Township, Kane County, Illinois. AND That part of the South Half of Section 28, Tonship 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of the West Half of the Southeast Quarter of said Section 28; thence South 0 degrees 24 minutes 30 seconds West along the East line of the West Half of said Southeast Quarter, 1200.00 feet for the place of beginning; thence North 89 degrees 35 minutes 30 seconds West 190.00 feet; thence South 0 degrees 24 minutes 30 seconds West, 110.00 feet; thence North 89 degrees 35 minutes 30 seconds West 688.00 feet; thence South 89 degrees 34 minutes 33 seconds West, 65.63 feet; thence South 73 degrees 56 minutes 56 seconds WEst, 47.51 feet; thence South 62 degrees 00 minutes 00 seconds West, 86.95 feet; thence North 28 degrees 00 minutes 00 seconds West, 110.10 feet; thence South 62 degrees 00 minutes 00 seconds West, 112.42 feet; thence Southwesterly along the arc of a curve convex Southerly having a radius of 310.00 feet for an arc distance of 98.39 feet (with a chord bearing South 71 degrees 05 /3 minutes 39 seconds West, 97.98 feet); thence radially from said 96rt074260 Parcel #6 Page 3 curve, South 9 degrees 48 minutes 52 seconds East, 116.24 feet; thence West, a distance of 164.42 feet; thence South 83 degrees 50 minutes 58 seconds West, 57.86 feet; thence South 71 degrees 32 minutes 51 seconds West, 57.86 feet; thence South 59 degrees 14 minutes 47 seconds West, 57.86 feet; thence South 48 degrees 54 minutes 24 seconds West, 67.43 feet; thence South 48 degrees 00 minutes 00 seconds West, 228.88 feet; thence South 52 degrees 27 minutes 47 seconds West, 98.97 feet; thence North 89 degrees 46 minutes 30 seconds West, 326.45 feet; thence South 9degrees 54 minutes 38 seconds West, 25.38 feet; thence North 66 degrees 07 minutes 08 seconds West, 100.01 feet; thence North 83 degrees 16 minutes 12 seconds West, 210.87 feet; thence North 89 degrees 46 minutes 30 seconds, West, 100.00 feet to the West line of the East Half of the Southwest Quarter of Section 28 as aforesaid; thence Southerly along said West line, a distance of 911.30 feet to the South line of said Southwest Quarter; thence Easterly along said South line, a distance of 1320.85 feet to the Southwest corner of the Southeast Quarter of said Section 28; thence Easterly along the South line of said Southeast Quarter, a distance of 1320.85 feet to the East line of the West Half of i` said Southeast Quarter; thence Northerly along said East line, a distance of 1442.70 feet to the place of beginning. EXCEPTING THEREFROM the South 520.00 feet of the West 500.00 feet of the East Half of the Southwest Quarter of Section 28 as aforesaid.. Also that part of Randall Road lying Westerly of and adjacent to the aforedescribed property. Being situated in Elgin Township, Kane County, Illinois. Q�6E(074260 El 'n Agenda Item No. ►Y September 3, 1992 TO: Mayor and Members of the City Council FROM: Larry L. Rice, City Manager SUBJECT: Proposed Watermain Recapture Ordinance - Pulte Home Corporation for Bowes /McLean Extension PURPOSE: This memorandum will provide the Mayor and Council with information to consider the adoption of a recapture ordinance for watermain installed along South McLean Boulevard and Bowes Road. BACKGROUND: A 12 -inch watermain has been installed along South McLean Blvd. and a 16 -inch watermain has been installed along Bowes Road by Pulte Home Corporation at the request of the City. Please refer to the attached sketch. The 12 -inch extends from the southern property line of College Green Subdivision to Bowes Road. The 16 -inch extends from McLean Blvd to the western property line of the Glens of College Green Subdivision. A 12 -inch main is chargeable accordance with existing Cit y 16 -inch has been paid by the distribution system. to benefitting property owners in policy. The oversizing of the City as a public benefit to the The abutting property owners, excluding the property annexed to South Elgin, and the front footage of each are as follows: PROPERTY OWNERS FOOTAGE 1. City of Elgin, Fox Bluff 1290 feet 2. Sentry Construction, incorporated 1480 feet 3. Elgin Estates Subdivision 1240 feet 4. Family Builders 66 feet 5. Grace Evangelical Church 350 feet 6. Anest Group, Bill and Peter Anest 1320 feet 7. Pulte Home Corporation 2500 feet Total 8246 feet The cost per foot to construct the watermain, not including the oversizing from a 12 -inch to a 16 -inch, is as follows: a. 12 -inch ductile iron pipe $119,658.75 ($21.25/ft x 5631 feet of main) Mayor and Members of the City Council September 3, 1992 Page 2 b. Valve vaults and valves $ 12,670.00 24,574.50 ($1,810.00 /v.v. X 7 valves) 1480 $ c. Fire hydrants Elgin Estates Subdivision $ 28,650.00 23,622.00 ($1,910.00 per f.h. x 15 hydrants) 66 $ d. Trench Backfill and auguring $ 11,961.50 e. Landscaping and Restoration $ 16,362.86 f. Engineering and Main Realignment $ 25,228.00 Total Construction Cost for 12" watermain $214,531.11 The Pulte Homes Corporation should be excluded from the proposed ordinance because they paid for the entire cost of the installation and are seeking reimbursement. They are listed in the tables only for the purpose of accounting for individual costs. FINANCIAL IMPACT: The actual cost of construction of a 12 -inch watermain is $214,531.11 for 5631 lineal feet or $38.10 per foot of main. The cost per property front footage equals $19.05. A recapture ordinance is necessary for the following properties based upon the construction cost of $19.05 per front footage. Parcel Number and Property Owner 1. City of Elgin, Fox Bluff 1290 $ 24,574.50 2. Sentry Construction, Incorporated 1480 $ 28,194.00* 3. Elgin Estates Subdivision 1240 $ 23,622.00 4. Family Builders 66 $ 1,257.30 5. Grace Evangelical Church 350 $ 6,667.50 6. Anest Group 1320 $ 25,146.00 7. Pulte Home Corporation 2500 $ 47,625.00 Total $157,086.30 *Sentry Construction was contacted with an amount of $27,929.86 in October of 1991 which was based on final figures submitted by Pulte at that time. In November of 1991 Pulte provided new figures and this ordinance is based on these new figures. The difference between the actual costs to be recaptured ($157,086.30) and the total construction cost ($214,531.11) of a 12" watermain, $57,444.81, is due to the property south of the right -of -way of Bowes Road having been annexed into the Village of South Elgin. This was not foreseen at the time of the City's approval for Pulte's Glens of College Green Subdivision. Based on current City policy, there can be no cost recapture for this half of the length of the project, consequently, the $57,444.81 should be assumed by all seven properties. Mayor and Members of the City Council September 3, 1992 Page 3 Staff has distributed the balance excluding the property annexed to the Village of South Elgin as Pulte had requested. Due to the fact that Sentry Construction's "Pine Meadows" annexation agreement refers to the developer responsibility for the water main as one -half the cost, their share may not be increased. Therefore, the additional amount per foot would equal ($57,444.81 divided by 8246 lineal feet minus Sentry's 1480 lineal feet of frontage), or an additional $8.49 per foot. The parcels and their increased responsibility are as follows: Parcel Number and Property Owner INCREASE TOTAL 1. City of Elgin, Fox Bluff 1290 $10,952.38 $35,526.88 2. Sentry Construction, Incorp. 1480 $ 0.00 $28,194.00 3. Elgin Estates Subdivision 1240 $10,527.87 $34,149.87 4. Family Builders 66 $ 560.35 $ 1,817.65 5. Grace Evangelical Church 350 $ 2,971.58 $ 9,639.08 6. Anest Group 1320 $11,207.09 $36,353.09 7. Pulte Home Corporation 2500 $21,225.54 $68,850.54 Total $57,444.81 $214,531.11 Elgin Estates Subdivision and Grace Evangelical Church currently have their own water system and would not connect to the new main unless annexed to the City. Obviously the subdivision is not a single entity and cannot be assessed as one Parcel. Therefore, the City would reimburse Pulte Home Corporation for parcels 3 and 5, or $43,788.95, which the City would recapture at the time of annexation. There will be seven percent interest on the unpaid balance and it will take affect after any grace period granted by the City Council. RECOMMENDATION: It is recommended that the City Council adopt an ordinance whereby the developer, Pulte Home Corporation, can recover the construction cost of a 12 -inch watermain from the abutting property owners who have not paid for the watermain along the front of their property. It is also recommended that City Council direct the staff to prepare this ordinance in a manner as to divide the portion that would have been received from the property that is now in the Village of South Elgin between the seven other parcels as far as written agreements with those parcel owners will allow. Further, it is recommended that the City reimburse Pulte Home Corporation $43,788.95 and direct staff to draft an ordinance to recapture this amount when Grace Evangelical Church and Elgin Estates Subdivision annex to the City of Elgin. Mayor and Members of the City Council September 3, 1992 Page 4 It is further recommended that days from the passage of this interest. Legal descriptions hereto. i Lar Rice, CZKY Manager do Attachments the property owners be allowed 45 ordinance to pay in full without of these parcels are also attached --- --- - - - - -- aroa �ivaNVa �- - -- Valley Bank and Trust Co. Trust Number 0431 888 N. LaFox South Elgin, IL 60177 Parcel 1 06 -27- 126 -005 06 -27- 200 -005 06 -27- 326 -001 06 -27- 400 -001 That part of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at: the Northeast corner of the South Half of the Northeast Quarter of said Section 27; thence Southerly along the East line of the Northeast Quarter of Section 27, 1,331.82 feet (1,331.6 feet deed) to the East Quarter corner of Section 27; thence Southerly along East line of the Southeast Quarter of Section 27, 495 feet; thence Westerly parallel with the North line of the Southeast Quarter of said Section 27, 2,628.14 feet (2,628 feet deed) to the North and South centerline of said Section 27; thence Northerly along said North and South centerline of Section 27, 162.22 feet (161.9 feet deed) to a point 332.73 feet (333.1 feet deed) South of the center of said Section 27; thence Westerly parallel with the North line of the Southwest Quarter of Section 27, 954.14 feet (954.5 feet deed) to the centerline of McLean Boulevard (State Aid Route 18); thence Northerly along said centerline, being along a curve to the left, an arc distance of 900.20 feet (899.85 feet deed); thence Northerly along said centerline, being tangent to the last described curve, a distance of 653.89 feet; thence Northerly along said centerline, being along a line that forms an angle of 00 degrees 02 minutes 00 seconds to the right with the prolongation of the last described course, 100 feet to the North line of the Southeast Quarter of the Northwest Quarter of said Section 27; thence Easterly along the North line of the Southeast Quarter of the Northwest Quarter, 837.22 feet (837.5 feet deed) to the Northwest corner of the South Half of the Northeast Quarter of said Section 27; thence Easterly along the North line of the South Half of said Northeast Quarter, 2,636.79 feet (2,637.10 feet deed) to the Point of Beginning, in the City of Elgin, Kane County, Illinois, Sentry Construction, Inc. P.O. Box 7005 Elgin, IL 60120 Parcel 2 06 -27- 176 -020 That part of the Southwest Quarter & the Northwest Quarter of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the intersection of the center line of McLean Boulevard with the Easterly extension of the South line of Lots 1, 2, 3 and 4 of Elgin Estates Unit 1, being a subdivision of part of said Southwest Quarter and Northwest Quarter; thence North 89 degrees 39 minutes 51.seconds west along said Easterly extension 315.01 feet to a jog in said Elgin Estates Unit 1; thence South 33 degrees 45 minutes 07 seconds west along a South easterly line of said Unit 1 a distance of 310.05 feet (310.0 feet record) to a jog in said Unit 1; thence South 38 degrees 00 minutes 39 seconds West along a Southeasterly line of said Unit 1, a distance of 352.01 feet (353.0 feet record) to a jog in said Unit 1; thence South 0 degrees 02 minutes 41 seconds West along a Easterly line of said Unit 1, a distance of 409.61 feet (409.0 feet record) to the center line of Bowes Road; thence North 90 degrees 00 minutes 00 seconds East along said center line 626.40 feet to the intersection of said center line with the center line of McLean Boulevard; thence North 04 degrees 59 minutes 43 seconds East along the center line of McLean Boulevard 504.09 feet to a jog in said center line; thence North 04 degrees 25 minutes 09 seconds East along said center line 442.04 feet to the point of beginning, in the City and Township of elgin, Kane County, Illinois. Elgin Estates Subdivision Parcel 3 That part of the Northwest quarter and part of the Southwest quarter of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Commencing at a point in the East line of the Southwest quarter of the Northeast quarter of Section 28, Township and Range aforesaid; thence Easterly along a line that if extended would intersect the center line of McLean Boulevard at a point 165.66 feet Southerly of (measured along said center line) the Norht line of the South half of the Northwest quarter of said Section 27, a distance of 1623.21 feet for the place of beginning; thence continuing Easterly along the prolongation of the last described course a distance of 1501.57 feet to a point in the center line of McLean Boulevard that is 165.66 feet Southerly of (measured along said center line) the North line of the South half of the Northwest quarter of siad Section 27; thence Southerly along the center line of McLean Boulevard a distance of 386.94 feet; thence Westerly along a line that forms an angle of 85 degrees 55 minutes to the right with the prolongation of the last described course a distance of 315.13 feet; thence Southwesterly along a line that forms an angle of 56 degrees 30 minutes to the left with the prolongation of the last described course a distance of 310.0 feet; thence Southwesterly along a line that forms an angle of 4 degrees 09 minutes to the right with the prolongation of the last described course a distance of 353.0 feet; thence Southerly along a line that forms an angle of 37 degrees 58 minutes to the left with the prolongation of the last described course a distance of 409.0 feet to the center line of bowes Road; thence Westerly along the center line of Bowes Road a distance of 843.0 feet; thence Northerly along a line perpendicular to the center line of Bowes Road a distance of 339.78 feet; thence Northeasterly along a line that forms an angle of 29 degrees 45 minutes to the right with the prolongation of the lat described course a distance of 75.65 feet; thence Northerly along a line that forms an angle of 29 degrees 26 minutes to the left with the prolongation of the last described course a distance of 160.0 feet; thence Easterly at right angles to the last described course a distance of 33.0 feet; thence Northerly at right angles to the last described course a distance of 160.0 feet; thence Northwesterly along a line that forms an angle of 17 degrees 38 minutes to the left with the prolongation of the last described course a distance of 69.25 feet; thence Northerly along a line that forms an angle of 17 degrees 38 minutes the right with the prolongation of the last described course a distance of 320.0 feet; thence Northeasterly along a line that forms an angle of 17 degrees 38 minutes to the right with the prolongation of the last described course a distance of 69.25 feet; thence Northerly along a line that forms an angle of 17 degrees 38 minutes to the left with the prolongation of the last described course a distance of 160.0 feet to the place of beginning. Being situated in Elgin Township, Kane County, Illinois. Family Builders 4N405 Foxfield Drive P.O. Box 524 St. Charles, IL 60174 Parcel 4 06 -27 -151 -023 06 -28- 200 -014 That part of Sections 27 and 28, Township 41, North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of 89 in Elgin Estates Unit No. 1, being a subdivision of part of said Section 27; thence Southerly along the West line of said Lot 89, 9.18 feet for the point of beginning; thence continuing southerly along said West line, 150.82 feet to the Southwest corner of said Lot 89; thence Southwesterly 69.25 feet to the Northwest corner of Lot 69 in: said Elgin Estates Unit No. 1; thence southerly along the West line of said lot 69 and along the West line of Lot 63 in said Elgin Estates Unit No.l, 320.0 feet to the Southwest corner of said Lot 63, thence Southeasterly 69.25 feet to the Northwest corner of Lot 62 in said Elgin Estates Unit No. 1; thence Southerly along the west line of said Lot 62, 160.0 feet to the Southwest corner of said Lot 62; thence Westerly along the North line of Lot 33 in said Elgin Estates Unit No. 1, 33.0 feet to the Northwest corner of said Lot 33; thence Southerly along the West line of said Lot 33, 160.0 feet to the Southwest corner of said Lot 33; thence Southwesterly 75.65 feet to the Northwest corner of Lot 32 in said Elgin Estates Unit No. 1; thence Westerly along the North line extended Westerly of said Lot 32, 88.10 feet; thence Northwesterly along a curve to the right having a radius of 189.78 feet and being tangent to the last described course, 119.67 feet; thence Northwesterly along a curve to the left having a radius of 1819.78 feet and being tangent to the last described curve, 119.83 feet; thence Westerly tangent to the last described curve, 44.58 feet; thence Southerly along a line that forms an angle of 90 degrees 17 minutes 43 seconds to the left with the prolongation of the last described course, 367.68 feet to the Northerly right of way line of Bowes Road; thence Westerly along said Northerly right of way line being along a curve to the right having a radius of 3743.28 feet. The cord of said curve forms an angle of 93 degrees 49 minutes 39 seconds to the right with the prolongation of the last described course, 66.01 feet; thence Northerly along a line that forms an angle of 86 degrees 10 minutes 21 seconds to the right with the prolongation of the chord of the last described curve 367.42 feet; thence Northeasterly along a curve to the right having a radius of 378.69 feet and being tangent to the last described course, 547.46 feet; thence Northerly along a line that forms an angle of 48 degrees 35 minutes 06 seconds to the left with the prolongation of the chord of the last described curve, 163.93 feet; thence Northwesterly along a line that forms an angle of 31 degrees 05 minutes 55 seconds to the left with the prolongation of the last described course, 152.00 -2- feet, thence Northerly along a line that forms an angle of 36 degrees 00 minutes to the right with the prolongation of the last described course, 97.63 feet; thence Northeasterly along a line that forms an angle of 19 degrees 50 minutes to the right with the prolongation of the last described course, 169.65 feet to a line drawn Westerly parallel with the north line extended Westerly of said Elgin Estates Unit No. 1 from the point of beginning, thence Easterly along said parallel line 215 feet to the point of beginning, in the City of Elgin, Kane County, Illinois. Grace Evangelical Church 35W984 Bowes Rd. Elgin, IL 60123 Parcel 5 06 -27- 301 -001 06 -27- 154 -001 All that part of the West 1/2 of Section 27, and the East 1/2 of Section 28, all in Township 41 North, Range 8 East of the 3rd Principal Meridian, described as follows: Beginning on the West line of Elgin Estates, Unit No.1, at the north line of Bowes Road as dedicated October 10, 1952 as Document No. 708594, said North line being a line 33 feet North of the center line of said road; thence North along the West line of Lots 29, 30,31 and 32 of said Elgin Estates, Unit No. 1, a distance of 306.78 feet to the Northwest corner of said Lot 32; thence Westerly along the extension of the Northerly line of said Lot 32, 88.10 feet to a point of curve; thence West and Northwest on a curved line, said curve being convex to the Southwest having a radius of 189.78 feet, a distance of 119.67 feet to a point of reverse curve; thence Northwesterly on a curved line, said curve being convex to the Northeast and having a radius of 189.78 feet, a distance of 56.56 feet; thence South Parallel with the West line of said Lots 29, 30, 31 and 32 of said Elgin Estates, Unit No. 1, and said line extended, a distance of 368.70 feet to the North line of Bowes Road, aforesaid, thence Easterly along the North line of said road a distance of 249.63 feet to the place of beginning, in the Township of Elgin, Kane County, Illinois. Anest, Bill and Peter 400 S. Curran Rd. #150 Grayslake, IL 60030 Parcel #6 06 -28- 400 -006 06 -28- 400 -008 06 -28- 300 -005 06 -28- 300 -007 That part of the South Half of Section 28, Township 41 North,. Range 8 East of the Third Principal Meridian, described as follows, to wit: Beginning at the Northeast corner of the West Half of the Southeast Quarter of said Section 28; thence South 00 degrees 24 minutes 30 seconds West, along the East line of said West Half of the Southeast Quarter, 1200.00 feet; thence North 89 degrees 35 minutes 30 seconds West, 190.00 feet; thence South 00 degrees 24 minutes 30 seconds West, 110.00 feet; thence North 89 degrees 35 minutes 30 seconds West, 688.00 feet; thence South 89 degrees 34 minutes 33 seconds West, 65.63 feet; thence South 75 degrees 56 minutes 56 seconds West, 47.51 feet; thence South 62 degrees 00 minutes 00 seconds West, 86.95 feet; thence North 28 degrees 00 minutes 00 seconds West, 110.10 feet; thence South 62 degrees 00 minutes 00 seconds West, 80.00 feet; thence North 28 degrees 00 minutes 00 seconds West, 483.88 feet to a point of curve; thence Northerly along the arc of a curve convex Westerly, having a radius of 770.00 feet, for an arc distance of 376.29 feet (chord bearing North 14 degrees 00 minutes 00 seconds West, 372.56 feet) to a point of tangent; thence, tangent from said curve, North, a distance of 509.76 feet to a point on the North line of the South Half of said Section 28; thence, East, along the North line of said South Half of Section 28, a distance of 1515.00 feet to the place of beginning. Also that part of Bowes Road lying North of and adjacent to the North line of the aforedescribed property, in Elgin Township, Kane County, Illinois. O That part of the.South Half of Section 28, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows, to wit: Beginning at a point on the North line of the South Half of said Section 28, from which the Northeast corner of the West Half of the Southeast Quarter of said Section 28, bears East, a distance of 1515.00 feet; thence from said point of beginning, South, a distance of 509.76 feet to a point of curve; thence Southerly along the arc of a curve convex Westerly, having a radius of 770.00 feet for an arc distance of 376.29 feet (chord bearing South 14 degrees 00 minutes 00 seconds East, 372.56 feet) to a point of tangent; thence South Parcel #6 Page 2 28 degrees 00 minutes 00 seconds East, 483.88 feet; thence South 62 degrees 00 minutes 00 seconds West, 32.42 feet to a point of curve; thence Southwesterly along the arc of a curve convex Southerly having a radius of 310.00 feet for an arc distance of 98.39 feet (with a chord bearing South 71 degrees 05 minutes 39 seconds West, 97.98 feet); thence Radially from said curve, South 09 degrees 48 minutes 52 seconds East, 116.24 feet; thence West, a distance of 164.42 feet; thence South 83 degrees 50 minutes 58 seconds West, 57.86 feet; thence South 71 degrees 32 minutes 51 seconds West, 57.86 feet; thence South 59 degrees 14 minutes 47 seconds West, 57.86 feet; thence South 48 degrees 54 minutes 24 seconds West 67.43 feet; thence South 48 degrees 00 minutes 00 seconds West, 228.88 feet; thence South 52 degrees 27 minutes 47 seconds West, 98.97 feet; thence North 89 degrees 46 minutes 30 seconds.West, 326.45 feet; thence South 09 degrees 54 minutes 38 seconds•West, 25.38 feet; thence North 66 degrees 07 minutes 08 seconds West; 100.01 feet; thence North 83 degrees 16 minutes 12 seconds West, 210.87 feet; thence North 89 degrees 46 minutes 30 seconds West, 100.00 feet to a point on the West line of the East Half of the Southwest Quarter of said Section 28; thence along said West line, North 00 degrees 13 minutes 30 seconds East, 1730.00 feet to the North line of the South Half of said Section 28; a distance of 1135.00 feet to the place of beginning. Also that part of Bowes Road and Randall Road lying North and West of and adjacent to the North and West lines of the aforedescribed property, in Elgin Township, Kane County, Illinois. AND That part of the South Half of Section 28, Tonship 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of the West Half of the Southeast Quarter of said Section 28; thence South 0 degrees 24 minutes 30 seconds West along the East line of the West Half of said Southeast Quarter, 1200.00 feet for the place of beginning; thence North 89 degrees 35 minutes 30 seconds West 190.00 feet; thence South 0 degrees 24 minutes 30 seconds West, 110.00 feet; thence North 89 degrees 35 minutes 30 seconds West 688.00 feet; thence South 89 degrees 34 minutes 33 seconds West, 65.63 feet; thence South 73 degrees 56 minutes 56 seconds WEst, 47.51 feet; thence South 62 degrees 00 minutes 00 seconds West, 86.95 feet; thence North 28 degrees 00 minutes 00 seconds West, 110.10 feet; thence South 62 degrees 00 minutes 00 seconds West, 112.42 feet; thence Southwesterly along the arc of a curve convex Southerly having a radius of 310.00 feet for an arc distance of 98.39 feet (with a chord bearing South 71 degrees 05 minutes 39 seconds West, 97.98 feet); thence radially from said Parcel #6 Page 3 curve, South 9 degrees 48 minutes 52 seconds East, 116.24 feet; thence West, a distance of 164.42 feet; thence South 83 degrees 50 minutes 58 seconds West, 57.86 feet; thence South 71 degrees 32 minutes 51 seconds West, 57.86 feet; thence South 59 degrees 14 minutes 47 seconds West, 57.86 feet; thence South 48 degrees 54 minutes 24 seconds West, 67.43 feet; thence South 48 degrees 00 minutes 00 seconds West, 228.88 feet; thence South 52 degrees 27 minutes 47 seconds West, 98.97 feet; thence North 89 degrees 46 minutes 30 seconds West, 326.45 feet; thence South 9degrees 54 minutes 38 seconds West, 25.38 feet; thence North 66 degrees 07 minutes 08 seconds West, 100.01 feet; thence North 83 degrees 16 minutes 12 seconds West, 210.87 feet; thence North 89 degrees 46 minutes 30 seconds, West, 100.00 feet to the West line of the East Half of the Southwest Quarter of Section 28 as aforesaid; thence Southerly along said West line, a distance of 911.30 feet to the South line of said Southwest Quarter; thence Easterly along said South line, a distance of 1320.85 feet to the Southwest corner of the Southeast Quarter of said Section 28; thence Easterly along the South line of said Southeast Quarter, a distance of 1320.85 feet to the East line of the West Half of said Southeast Quarter; thence Northerly along said East line, a distance of 1442.70 feet to the place of beginning. EXCEPTING THEREFROM the South 520.00 feet of the West 500.00 feet of the East Half of the Southwest Quarter of Section 28 as aforesaid. Also that part of Randall Road lying Westerly of and adjacent to the aforedescribed property. Being situated in Elgin Township, Kane County, Illinois.