T19-01 FILED FOR RECORD
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2001 K I 1 I974 : 1OCT 2.5 i'li 3: 45
State of Illinois )
County of Kane) ss
City of Elgin )
CERTIFICATE OF CITY CLERK
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. T19-01
AN ORDINANCE
ALLOCATING THE COST OF CERTAIN ROADWAY IMPROVEMENTS
TO BENEFITTED PROPERTIES
(Holmes Road)
c6 passed by the Elgin City Council at its legally convened meeting held on August 22, 2001.
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the
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City of Elgin at the said City y Elgin yin the County and State aforesaid this September 17, 2001.
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A
City Clerk
(SEAL)
This instrument prepared by: Return to:
William A. Cogley Dolonna Mecum
Corporation Counsel Elgin City Clerk
City of Elgin 150 Dexter Court eli
150 Dexter Court Elgin, IL 60120
Elgin, IL 60120 // tk
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200IK 111974
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e Ordinance No. T19-01
AN ORDINANCE
ALLOCATING THE COST OF CERTAIN ROADWAY IMPROVEMENTS
TO BENEFITTED PROPERTIES
(Holmes Road)
WHEREAS, Randall Road Office Building, L.L.C. and the City of
Elgin have cooperatively constructed certain roadway improvements
for Holmes Road, running westerly from Randall Road a distance of
507 . 98 feet, more or less, and it is fair and equitable to require
benefitted properties to pay their fair share of the cost of such
construction; and
WHEREAS, the construction of such roadway improvements makes
access to and from adjoining properties and adjacent public
roadways available to nearby properties and thereby benefits said
properties; and
WHEREAS, it is fair and equitable to require reimbursement to
Randall Road Office Building, L.L.C. for a portion of the value of
such construction costs which benefits such properties; and
WHEREAS, the April 20, 1997 annexation agreement for the
"'" Randall Road Office Building, LLC property include a provision,
Paragraph 13 , Subsection C, copy attached as Exhibit B, to fairly
distribute the cost of construction as follows; 1/3 by City, 1/3 by
owner of subject property and 1/3 by titleholder of the parcel of
real estate lying south of the Holmes Road right-of-way; and
WHEREAS, the cost of constructing Holmes Road amounts to
$283 , 372 . 13 of which Randall Road Office Building, L.L. C. completed
improvements totaling $250, 690 and the City completed improvements
totaling $32 , 682 . 13 resulting in a 1/3 share of $94, 457 . 38 per
entity; and
Whereas, Randall Road Office Building, L.L. C. was responsible
for all initial costs of constructing Holmes Road; and then due
recapture, the City' s contribution to the improvements shall be
credited against the City' s share due to Randall Road Office
Building, LLC resulting in the amount of $61, 775 . 25; and
WHEREAS, the City of Elgin is a home rule unit authorized to
exercise any power and to perform any function relating to its
government and affairs; and
WHEREAS, ownership and maintenance of public roadways is a
function pertaining to the government and affairs of the City of
Elgin;
2OO1KIlI974
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS :
Section 1 . That no territory described and identified herein
shall be permitted to annex to the City of Elgin or obtain approval
for any construction thereon, as the case may be, until such time
as payment is made to the City of Elgin of an amount allocated as
the fair proportionate share of the cost of said improvement
construction as follows :
Parcel 1
Parcel Index Number - 03-31-400-035
Owner/Legal Description - C & L Farms, Inc .
1750 Grandstand Place
Elgin, Illinois 60123
That part of the South East 1/4 of Section 31, Township 42
North, Range 8 East of the Third Principal Meridian, described as
follows : commencing at the North East corner of said South East
1/4 ; thence South along the East line of said quarter section
1300 . 7 feet for the point of beginning; thence South along the East
line of said quarter section 150 feet; thence westerly along a line
that forms an angle of 87 degrees, 10 minutes, 0 seconds to the
right with the prolongation of the last described course, 240 . 2
feet; thence Northerly along a line that forms an angle of 91
degrees, 55 minutes, 0 seconds to the right with the prolongation
of the last described course 150 feet; thence Easterly along a line
that forms and an angle of 88 degrees 08 minutes, 0 seconds to the
right with the prolongation of the last described course 242 . 7 feet
to the point of beginning, in the Township of Dundee, Kane County,
Illinois, except that part conveyed by Warranty Deed dated
March 29, 1995, to the County of Kane for roadway purposes .
Lineal Footage - 182 . 7 linear feet
Recapture Amount - $33 , 404 . 86
Parcel 2
Parcel Index Number - 03-31-400-036
Owner/Legal Description - C & L Farms, Inc .
1750 Grandstand Place
Elgin, Illinois 60123
Part of the Southwest Quarter of Section 31, Township 42
North, Range 8 East of the Third Principal Meridian, described as
follows : Commencing at the Northeast Corner of the said Southeast
2oo1K111974
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 . 23 feet to an existing iron stake; thence South 02
degrees 06 minutes 07 seconds West, a distance of 935 . 30 feet to a
North line of Document No. 1261098 , as monumented; thence North 88
degrees 30 minutes 53 seconds West, along said monumented line, a
distance of 8 . 18 feet of an existing iron stake; thence South 02
degrees 03 minutes 59 seconds West, along a West line of said
Document No. 1261098, as monumented, a distance of 385 . 82 feet to
the South line of said Document No. 1261098 , as monumented, for the
point of beginning; thence North 88 degrees 53 minutes 04 seconds
East, along said South line, a distance of 333 . 65 feet to a point
on said line that is 242 . 60 feet (record being 242 . 70 feet)
westerly of the East line of the aforesaid Southeast Quarter of
Section 31 ; thence South 00 degrees 46 minutes 39 seconds West, a
distance of 150 . 00 feet; thence North 88 degrees 51 minutes 39
seconds East, a distance of 240 . 20 feet to a point on the East
line, of the Southeast Quarter of said Section 31 that is 1447 . 65
feet, as measured along said East line, South of the aforesaid
Northeast Corner of the Southeast Quarter; thence South 01 degree
41 minutes 39 seconds West, along said East line, a distance of
70 . 09 feet; thence South 88 degrees 51 minutes 39 seconds West, a
distance of 577 . 69 feet to a line that bears South 02 degrees 03
minutes 59 seconds West from the point of beginning; thence North
e"` 02 degrees 03 minutes 59 seconds East, along said line, a distance
of 220 .40 feet to the point of beginning. Being situated in Elgin
Township, Kane County, Illinois, except that part conveyed by
Warranty Deed dated March 29, 1995, to the County of Kane for
roadway purposes .
Lineal Footage - 333 . 92 linear feet
Recapture Amount - $61, 053 . 93
Section 2 . That any property held in common ownership with
and contiguous to 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 so annex or obtain
construction approval may pay the amount allocated without interest
if payment is made prior to October 31, 2001 . If full payment is
not made prior to October 31, 2001, then payment shall be made in
full plus interest at the rate of eight (8%) percent per annum
accruing from November 1, 2001, until the date of payment .
Section 4 . That any amounts received by the City Treasurer
pursuant to this ordinance shall be paid to Randall Road Office
2001K 1 1 1 9? 14
Building, L.L.C. or its successors or assigns, as reimbursement for
the cost of the improvements as set forth above .
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 in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: August 22, 2001
Passed: August 22, 2001
Omnibus Vote: Yeas : 7 Nays : 0
Recorded: August 23, 2001
Published:
Attest :
s/ Dolonna Meculm
Dolonna Mecum, City Clerk
2001 K 1 1 1971.1