T21-02 2002K 1 662 ' C" !3 AM
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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. T21-02
AN ORDINANCE
ALLOCATING THE COST OF CERTAIN SANITARY SEWER AND
WATER MAIN IMPROVEMENTS TO BENEFITTED PROPERTIES
passed by the Elgin City Council at its legally convened meeting held on December 4, 2002
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 December 12, 2002.
City Cler
(SEAL)
This instrument prepared by: Return to:
William A. Cogley Dolonna Mecum
Corporation Counsel Elgin City Clerk
City of Elgin 150 Dexter Court � �
150 Dexter Court Elgin, IL 60120
(PG6 Ix
Elgin, IL 60120
Ordinance No. T21-02
AN ORDINANCE
ALLOCATING THE COST OF CERTAIN SANITARY SEWER AND
WATER MAIN IMPROVEMENTS TO BENEFITTED PROPERTIES
WHEREAS, Randall Road Office Building, L.L. C. , an Illinois
limited liability company, constructed certain sanitary sewer and
water main improvements within the Holmes Road right-of-way, running
westerly from Randall Road to Capital Street and then northerly
within Capital Street right-of-way, and it is fair and equitable to
require benefitted parcels to pay their fair share of the cost of
such construction; and
WHEREAS, the construction of such sanitary sewer and water main
improvements provides sewer and water service to three parcels
abutting Holmes Road between Randall Road and Capital Street and
thereby benefits said parcels; and
WHEREAS, the City Engineer requested Randall Road Office
Building, LLC to construct additional sanitary sewer and water main
improvements within the Capital Street right-of-way and beyond the
limits typically required by ordinance; and
eft 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 parcels and the City;
and
WHEREAS, the cost of constructing the sanitary sewer, as
depicted in Exhibit A, amounts to $54, 572 . 94 of which $11, 636 . 05 is
attributable to the additional sanitary sewer requested by the City
Engineer and the remainder of $42, 936 . 89 is attributable to the
three parcels fronting the sewer including the parcel developed by
Randall Road Office Building, L.L. C. ; and
WHEREAS, the cost of construction of the water main, as
depicted in Exhibit B, amounts to $49 , 363 . 48 of which $2 , 960 . 00 is
attributable to the City as oversizing and $18 , 497 . 68 is
attributable to the additional water main requested by the City
Engineer and the remainder of $27 , 905 . 80 is attributable to the
three parcels fronting the water main including the parcel developed
by Randall Road Office Building, L.L. C. ; and
WHEREAS, the City Engineer has determined that the frontage of
the three parcel ' s along Holmes Road equals 1033 . 24 feet and
therefore each parcels proportionate share for both the water main
and sanitary sewer is $59 . 46 per front foot ; 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, sanitary sewer service and water service are functions
pertaining to the government and affairs of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS :
Section 1 . That the owner of the properties described and
identified herein who desire to connect to and use the subject
sanitary sewer improvements and/or the subject water main
improvements shall pay to Randall Road Office Building, L.L. C. , an
Illinois limited liability company, the amount allocated as the fair
proportionate share of the costs of the subject sanitary sewer
improvements and water main improvements 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 - $10, 863 . 34
9
t'' 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 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
e385 . 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 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 .
tow Lineal Footage - 333 . 92 linear feet
Recapture Amount - $19, 854 . 88
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"' 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 January 31, 2003 . If full payment is
not made prior to February 1 , 2003 , then payment shall be made in
full plus interest at the rate of eight (8%) percent per annum
accruing from January 31 , 2003 , until the date of payment .
Section 4 . No property identified in this ordinance that will
be connected to the subject sanitary sewer improvements or water
main improvements shall be annexed into the city or shall be issued
a building permit or otherwise permitted to connect to or otherwise
use the subject sanitary sewer improvements or water main
improvements until such time as payment is made to Randall Road
Office Building, L.L. C. , an Illinois limited liability company, in
an amount equal to such property' s proportionate share of said
improvements as set forth in this ordinance . Randall Road Office
Building, L.L. C. shall issue a certificate of payment in the form
approved by the city upon payment of the reimbursement from the
owner of a benefitted property. Said fees shall be in addition to
any and all other fees established by the City of Elgin for
sanitary sewer services and water services .
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: December 4 , 2002
Passed: December 4 , 2002
Omnibus Vote : Yeas : 7 Nays : 0
Recorded: December 5, 2002
Published:
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
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