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T9-95 Recorded r n 95 4034792 95JL;1 P. : GC c4: .: .._ .. ,_ s) 4. RECORDER` State of Illinois ) County of Kane ) ss . City of Elgin CERTIFICATE OF CITY CLERK I , Dolonna Mecum, DO HEREBY CERTIFY that I am the 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 . T9-95 entitled "An Ordinance "Allocating the Cost of Certain Roadway Dedication to Benefitted Properties (Capital Street ) " passed by the 1) Elgin City Council at its meeting held on May 10, 1995, the original of which is entrusted to my care for safe keeping. 0 In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said M City in the County and State aforesaid this May 11, 1995 v1 City Clerk (SEAL) CD LO co cn 7!c Co co CD N 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 e` Elgin, IL 60120 C � �J Ordinance No. T9-95 AN ORDINANCE ALLOCATING THE COST OF CERTAIN RIADWAY DEDICATION TO BENEFITTED PROPER IES (Capital Street) WHEREAS, Sherman Health Sy-•tems , an Illinois not-for-profit corporation, dedicated c:rtain land to the City of Elgin for roadway purposes (Capital Street) and it is fair and equitable to require benefitted p . operties to pay their fair share of the value of such land; an. WHEREAS, the dedication of such la d for roadway purposes makes access to and from nearby properties and adjacent public roadways available to nearby propertie . and thereby benefits said properties ; and WHEREAS, it is fair and equitable to require reimbursement to Sherman Health System- for a portion of the value of such dedicated land which be efits such properties; and WHEREAS , the value of such dedic- ted land in excess of the one-half ( 1/2 ) for which Sherman Health Systems is responsible amounts to $25,289 . 12 ; and WHEREAS, the City Planning Departm-nt has determined that the land dedicated for such roadwa1 purposes heretofore described shall benefit three ( 3) parcels of land with a total of 1, 078 . 25 linear feet of frontage on such roadway; and WHEREAS, the City of Elgin is a ho e rule unit authorized to exercise any power and to perform a y function relating to its government and affairs; and WHEREAS, ownership and maintenance of public roadways is a function pertaining to the governm-nt and affairs of the City of Elgin; and ` D WHEREAS, the City Council hereb finds that the fair proportionate share of the value of the above described public roadway dedication to properties benefitted by the © availability of such facilities should .e computed at the rate CO of $ . 803489439 per square foot, which akes into account that some but not all of the owners of the •enefitted parcels shall be required to dedicate portions of heir land for Capital tv Street in the future. NOW, THEREFORE, BE IT ORDAINED BY HE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That no territory de- cribed and identified herein shall be permitted to annex to the City of Elgin or obtain approval for any construction t ereon, as the case may be, until such time as payment is made o the City of Elgin of an amount allocated as the fair propo tionate share of said improvement as follows : Parcel Index Number .quare Recapture Parcel Owner/Legal Description F•ota.e Amount 1 . 03-31-400-013 6 , 009 . 44 $ 4 , 828 . 52 C & L Farms, Inc. 1750 Grandstand Place Elgin, Illinois 60123 Part of the Southeast Quarter •f Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, described as follow. : Commencing at the Northeast Corner of the said Southeast Quarter of Section 31; thence North 88 degrees 47 minutes 45 seconds West, along the North line of said Southeast Quarter, a distance of 558 . 2 ; feet to an existing iron stake; thence South 02 degrees 06 minutes 07 seconds West, a distance of ' 35 . 30 feet to a North line of Document No. 1261098, as monumented; thence North 88 degrees 30 minutes - 3 seconds West, along said monumented line, a dista ce of 8 . 18 feet to an existing iron stake; thence South 02 degrees 03 minutes 59 seconds West, along, a West line of said Document No. 1261098, as mon mented, a distance of 385 . 82 feet to the South lin_ of said Document No. 1261098 , as monumented, for t e point of beginning; thence North 88 degrees 53 minutes 04 seconds East, along said South line, a dista ce of 333 . 65 feet to a point on said line that is 24 . . 60 feet (record being 242 . 70 feet) westerly of t e East line of the ►� aforesaid Southeast Quarter •f Section 31; thence (fl South 00 degrees 46 minutes 39 seconds West, a distance of 150 . 00 feet; thence North 88 degrees 51 CD minutes 39 seconds East, a dislance of 240 . 20 feet to co a point on the East line of t e Southeast Quarter of said Section 31 that is 1447 . 65 feet, as measured along said East line, Sou h of the aforesaid Northeast Corner of the Sou heast Quarter; thence N South 01 degree 41 minutes 39 seconds West, along said East line, a distance •f 70 . 09 feet; thence South 88 degrees 51 minutes 39 seconds West, a distance of 577 . 69 feet to a 1 ne that bears South 02 degrees 03 minutes 59 seconds West from the point of beginning; thence North 02 degrees 03 minutes 59 seconds East, along said line a distance of 220 . 40 , feet to the point of beginni g. Being situated in Elgin Township, Kane County, Illinois and containing 2 . 08 acres more or less . Parcel Index Number .quare Recapture Parcel Owner/Legal Description Footage Amount 2 . 03-31-400-014 10 , 391 . 83 $ 8, 349 . 73 George and Irene Arsoniadis 39W159 Adobe Ridge Drive Elgin, Illinois 60123 That part of the Southeast 1/4 of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, described . s follows : Commencing at the Northeast Corner of sai. Southeast 1/4 ; thence southerly along the East line of said Southeast 1/4 , 912 . 23 feet for the place of beginning; thence westerly, along a line that forms an angle of 89 degrees 46 minutes 0 seconds to the right with the prolongation of the last de-cribed course, 124 . 58 feet; thence southerly, at right angles to the last described course, 28 . 08 feet; thence westerly, along a line that forms an angle of 89 degrees 54 minutes 20 seconds to the right with ' he prolongation of the last described course, 449 . 09 feet; thence southerly along a line that forms an at gle of 89 degrees 18 minutes 45 seconds to the lefg with the prolongation of the last described course, 385 . 32 feet; thence easterly along a line that forms an angle of 93 degrees 08 minutes 45 seconds to the left with the prolongation of the last de-cribed course, 576 . 67 feet to the East line of said Southeast 1/4 ; thence northerly along said East lin- , a distance of 388 . 47 feet to the place of beginni g; in the Township of Dundee, Kane County, Illinois . Parcel Index Number Square Recapture Parcel Owner/Legal Description oota.e Amount 3 . 03-31-400-027 16 , 521 . 05 $13 , 274 . 49 UD John and Stella Paul U7 500 Randall Road Elgin, Illinois 60123 CD Lk) That part of the Southeast tuarter of Section 31, Township 42 North, Range 8 described as follows : Commencing at the Northeast Corner of said Southeast CJD Quarter; thence South 89 d-grees 59 minutes 41 tv seconds West along the North line of said Southeast Quarter; 558 . 11 feet; thenc_ South 0 degrees 54 minutes 10 seconds West, 250 . 01 feet for the point of beginning; thence continuing South 0 degrees 54 minutes 10 seconds West, 685 . 3► feet; thence South 89 degrees 42 minutes 41 secon.s East, 440 . 20 feet; thence North 0 degrees 30 mi utes 56 seconds East, 28 . 40 feet; thence South 89 degrees 43 minutes 05 seconds East, 124 . 58 feet to the East line of said Southeast Quarter; thence Nort 0 degrees 28 minutes 53 seconds East along said East line, 659 . 69 feet; thence North 90 degrees 00 mi utes 00 seconds West, 559 . 94 feet to the point of beginning (except the East 62 . 0 feet taken for highway purposes ) , in Dundee Township, Kane County, Illinois . Section 2 . That any property hel. in common ownership with and contiguous to property subjec to the provisions of this ordinance on the effective date of this ordinance shall be subject to payment based on the en•ire amount established for the entire parcel as provided in this ordinance. Section 3 . That any person desiring to so annex or obtain construction approval may pay the amount allocated without interest if payment is made pr ' or to January 1, 1996 . If full payment is not made prior to January 1, 1996 , then payment shall be made in full plus inte est at the rate of six ( 6%) percent per annum accruing from Ja uary 1, 1996 until the date of payment . Section 4 . That any amounts received by the City Treasurer pursuant to this ordinance s all be paid to Sherman Health Systems or its successors or as•. igns , as reimbursement for the cost of the dedicated land as s-t forth above. Section 5 . That a certified copy of this ordinance shall be recorded with the Recorder of seeds of Kane County, Illinois . Section 6 . That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ K:vin Kell uD Kevin Kelly, Mayor CI1 C Presented: May 10 , 1995 Passed: May 10 , 1995 Omnibus Vote : Yeas 7 Nays 0 Recorded: May 11, 1995 CD Published: t13 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk