T21-02 (2) Ordinance No. T21-02
AN ORDINANCE
ALLOCATING THE COST OF CERTAIN 5AIITARY SEWER AND
WATER MAIN IMPROVEMENTS TO BENEFI TED PROPERTIES
WHEREAS, Randall Road Office Buildi g, L.L. C. , an Illinois
limited liability company, constructed ce tain 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 f.; ir share of the cost of
such construction; and
WHEREAS, the construction of such sanitary sewer and water main
improvements provides sewer and water smrvice to three parcels
abutting Holmes Road between Randall Roa• and Capital Street and
thereby benefits said parcels; and
WHEREAS, the City Engineer requested Randall Road Office
Building, LLC to construct additional sani ary sewer and water main
improvements within the Capital Street ri•ht-of-way and beyond the
limits typically required by ordinance; a d
WHEREAS, it is fair and equitable to require reimbursement to
Randall Road Office Building, L.L. C . for . portion of the value of
such construction costs which benefits su h 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 se er requested by the City
Engineer and the remainder of $42 , 936 . 89 is attributable to the
three parcels fronting the sewer includin•; 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 ma ' n requested by the City
Engineer and the remainder of $27 , 905 . 8. is attributable to the
three parcels fronting the water main incl ding the parcel developed
by Randall Road Office Building, L. L. C . ; .;nd
WHEREAS, the City Engineer has deter fined 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 f nction relating to its
government and affairs; and
WHEREAS, sanitary sewer service and wa er 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 t e subject water main
improvements shall pay to Randall Road Office Building, L.L. C. , an
Illinois limited liability company, the amo nt allocated as the fair
proportionate share of the costs of the subject sanitary sewer
improvements and water main improvements -s follows :
Parcel 1
Parcel Index Number - 03-31-401 -035
Owner/Legal Description - S & 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 : com encing at the North
East corner of said South East 1/4 ; thence South along
the East line of said quarter sectio 1300 . 7 feet for the
point of beginning; thence South al•ng the East line of
said quarter section 150 feet; then e westerly along a
line that forms an angle of 87 deg ees, 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 degees, 55 minutes, 0
seconds to the right with the prol•ngation of the last
described course 150 feet ; thence Easterly along a line
that forms and an angle of 88 de•rees 08 minutes, 0
seconds to the right with the prol•ngation of the last
described course 242 . 7 feet to the paint of beginning, in
the Township of Dundee, Kane Count , Illinois, except
that part conveyed by Warranty Deed •ated March 29, 1995 ,
to the County of Kane for roadway p rposes .
Lineal Footage - 182 . 7 linear leet
Recapture Amount - $10 , 863 . 34
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 he Third Principal
Meridian, described as follows : Commencing at the
Northeast Corner of the said So theast Quarter of
Section 31 ; thence North 88 degrees 4 minutes 45 seconds
West, along the North line of said outheast Quarter, a
distance of 558 . 23 feet to an existin: iron stake; thence
South 02 degrees 06 minutes 07 seco ds West, a distance
of 935 . 30 feet to a North line of Document No. 1261098 ,
as monumented; thence North 88 de.rees 30 minutes 53
seconds West, along said monumented line, a distance of
8 . 18 feet of an existing iron stale; thence South 02
degrees 03 minutes 59 seconds West, .:long a West line of
said Document No. 1261098, as monum:nted, a distance of
385 . 82 feet to the South line of said Document No .
1261098 , as monumented, for the •oint of beginning;
thence North 88 degrees 53 minutes 04 seconds East, along
said South line, a distance of 333 . 6. feet to a point on
said line that is 242 . 60 feet (recor. being 242 . 70 feet)
westerly of the East line of the -foresaid Southeast
Quarter of Section 31 ; thence South 00 degrees 46 minutes
39 seconds West, a distance of 150 . 01 feet; thence North
88 degrees 51 minutes 39 seconds :ast, a distance of
240 . 20 feet to a point on the East li e, of the 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 Southeast Q 'arter; thence South
01 degree 41 minutes 39 seconds We-t, along said East
line, a distance of 70 . 09 feet ; thence South 88 degrees
51 minutes 39 seconds West, a distan e of 577 . 69 feet to
a line that bears South 02 degrees 0 : 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 begin ing. 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 - $19, 854 . 88
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 o dinance 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 desiri g to so annex or obtain
construction approval may pay the amount a located without interest
if payment is made prior to January 31, : 003 . If full payment is
not made prior to February 1, 2003 , then payment shall be made in
full plus interest at the rate of eigh■ (8%) percent per annum
accruing from January 31 , 2003 , until the date of payment .
Section 4 . No property identified ir this ordinance that will
be connected to the subject sanitary se er improvements or water
main improvements shall be annexed into tie city or shall be issued
a building permit or otherwise permitted .o 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 limi ed liability company, in
an amount equal to such property' s proportionate share of said
improvements as set forth in this ordina ce . Randall Road Office
Building, L.L. C. shall issue a certificaue of payment in the form
approved by the city upon payment of th- reimbursement from the
owner of a benefitted property. Said fee- shall be in addition to
any and all other fees established by the City of Elgin for
sanitary sewer services and water servic:s .
Section 5 . That a certified copy ol this ordinance shall be
recorded with the Recorder of Deeds of Kane County, Illinois .
Section 6 . That this ordinance sh,:l1 be in full force and
effect from and after its passage in the manner provided by law.
s Ed Schock
Ed Schou , 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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§ Agenda Item No.
City of Elgin
01
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November 15, 2002 0
ISI
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TO: Mayor and Members of the City Council FINANCIALLYSTABLECITYGOVERNMENT
EF FICIENT SER1tK E5,
AND QUALITY INFRASTRUCTURE
FROM: Olufemi Folarin, Interim City Manager
SUBJECT: Proposed Sanitary Sewer and Water Main Recapture
Ordinance for the Holmes Road and Capital Street
Extension - Dr. Zahid
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider the
adoption of a recapture ordinance and the approval of
reimbursements for the construction of sanitary sewer and water
main extensions along Holmes Road and Capital Street .
BACKGROUND
The developer of the office complex located at the corner of
Randall Road and Holmes Road, Doctor Zahid of Randall Road
Office Building, L.L.C. , constructed sanitary sewer and water
main from the intersection of Randall Road along Holmes Road to
Capital Street and then north along Capital Street . The doctor
completed these improvements at his cost and is requesting the
City consider reimbursing him for the portion of the cost to
install the utilities along Capital Street . He is also seeking
the adoption of the recapture ordinance, agreed to in his
annexation agreement with the City, to recover a portion of the
costs for the utilities along Holmes Road from future
developers . A map of the improvements is attached as Exhibit A
for your consideration.
The development of the subject property posed unique issues
because of the "frontage" road nature of Capital Street . The
parcels served by Capital Street actually front on Randall Road,
which has utilities within the right-of-way. However, the
property owners were not permitted by the County to access them
by extending private utilities across Randall Road. Therefore,
few Holmes Road Recapture Ordinance
November 15, 2002
Page 2
it became necessary to extend the utilities up Holmes Road (in
conjunction with the construction of th- street) and to create
parallel and duplicate utility systems in Capital Street . The
City Engineer determined that it would be an unfair burden for
the doctor to construct the extension o l Holmes Road as well as
the duplicate utility systems on Capital Street .
To serve his property, the doctor was re.uired, by ordinance, to
extend the sanitary sewer from Randal Road to his furthest
property line (along Holmes Road to Capi al Street) . The doctor
was not required, by ordinance or by previous agreement, to
extend sanitary sewer along Capital Str-et . The City Engineer
requested that extension to accommodale serving the parcels
north of the doctor' s property and to have the utilities in
place prior to the construction of Capital Street (which was
constructed by the City) .
The cost to construct the sanitary sewer and water main is based
upon the actual length of infrastructure completed and the lower
of either the doctor' s construction cost% or the actual costs of
similar work completed by the City on Capital Street . The total
cost of the sanitary sewer and water mai has been determined to
be $103, 936 .42 ; of which staff is recommending $70, 842 . 69 be
allocated to the recapture portion of the costs . Of that amount,
the doctor is responsible for one h.lf or $35, 421 . 35 . The
balance will be the responsibility of the owners of the two
parcels south of Holmes Road when they d:velop. The remainder of
the total project cost, $33 , 093 . 73 , staff is recommending be
reimbursed by the City to the docto (Randall Road Office
Building, L.L.C. ) .
COMMUNITY GROUPS/INTERESTED PERSONS CONTAITED
Randall Road Office Building, L.L. C. care of Diana Larson.
)1b,A_ FINANCIAL IMPACT
The City' s proposed share of the sanitar, sewer construction is
$11, 636 . 05 . There is adequate funding available ($13 , 500) in
the Sewer 2001 Bond Fund, Account Nu .er 381-4200-795 . 92-41,
Project Number 339643 (Sewer Repairs 2001) and it is recommended
Holmes Road Recapture Ordinance
November 15, 2002
Page 3
that a budget transfer of $11, 650 be allocated to the Capital
Drive project number 339577 to fund this reimbursement .
The City' s share of the construction of the water main is
$21, 457 . 68 . There is adequate monies available in the Watermain
Reimbursement Account Number 382-4000-795 . 93-41, Project Number
409034 to fund this initiative .
EGAL IMPACT
\N\WI
None .
ALTERNATIVES
1) Because there is no agreement between the Doctor and the
City, the City is under no obligation to reimburse for the
improvements .
2) Agree to pay the aforementioned amount .
RECOMMENDATION
It is recommended that the City Council adopt the recapture
ordinance and authorize staff to reimburse Doctor Zahid in
accordance with this ordinance for the sanitary sewer and water
main by issuing a check in the amount of $33 , 093 . 73 to Randall
Road Office Building, L.L.C.
Respectfully submitted,
'011. �` `.�.:....
Olufemi F. grin
Inte im Ci
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