G113-06 2007KO12459
SANDY WEGMAN
RECORDER - KANE COUNTY. IL
RECORDED: 1/29/2007 10:3,5 AM
REC FEE: 30.00
PAGES: 9
Ordinance No. G113-06
AN ORDINANCE
ALLOCATING THE COST OF CERTAIN ROADWAY IMPROVEMENTS
TO BENEFITED PROPERTIES
(Capital Street—Alft Lane North to Westfield Drive)
WHEREAS, City of Elgin, completed certain improvements for roadway purposes
(Capital Street between Alft Lane and Westfield Drive, such roadway improvements are
hereinafter referred to as the "Subject Improvements") and it is fair and equitable to require
benefited properties to pay their fair share of the value of such construction and administration;
and
WHEREAS, the Subject Improvements for roadway purposes makes access to and from
nearby 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 the City of Elgin for a
portion of the value of the Subject Improvements which benefits such properties; and
WHEREAS, the City has determined that the Subject Improvements heretofore described
shall benefit fourteen (14) parcels of land with a total acreage of 229.21 acres and as depicted on
Exhibit A entitled "Capital Street Recapture Area"; and
WHEREAS, the total costs to the City for the construction of the Subject Improvements
was in the total amount of$687,435.46; 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; and
WHEREAS, the City Council hereby finds that the fair proportionate share of the cost of
the above described Subject Improvements to properties benefited by the availability of such
facilities should be computed at the rate of$3,000.00 per gross acre.
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 from the City of Elgin, 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 Subject Improvements as follows:
Parcel Index Number Recapture
Parcel Owner/Legal Description Acreage Amount
1 03-30-451-002 0.46 $1,380.00
Mark and Lisa Krupa
37W370 Mason Road
Elgin, IL 60123
Lot 6 of Wedgewood Acres, Unit No. 1, in the Township of Dundee,
Kane County, Illinois.
Parcel Index Number Recapture
Parcel Owner/Legal Description Acreage Amount
2 03-30-451-003 0.46 $1,380.00
Rosalyn A. Szyjko
37W360 Mason Road
Elgin, Illinois 60123
Lot 5 of Wedgewood Acres, Unit No. 1, in the Township of Dundee,
Kane County, Illinois.
Parcel Index Number Recapture
Parcel Owner/Legal Description Acreage Amount
3 03-30-451-004 0.46 $1,380.00
William Null
37W350 Mason Road
Elgin, Illinois 60123
Lot 4 of Wedgewood Acres, Unit No. 1, in the Township of Dundee,
Kane County, Illinois.
Parcel Index Number Recapture
Parcel Owner/Legal Description Acreage Amount
4 03-30-451-005 0.46 $1,380.00
Philip Wencik
118 Boulder Drive
Lake in the Hills, Illinois 60156
Lot 3 of Wedgewood Acres, Unit No. 1, in the Township of Dundee,
Kane County, Illinois.
Parcel Index Number Recapture
Parcel Owner/Legal Description Acreage Amount
5 03-30-451-006 0.7 $2,100.00
Susan D. Hoyne, Revocable Trust
37W340 Mason Road
Elgin, Illinois 60123
Lot 2 of Wedgewood Acres, Unit No. 1, in the Township of Dundee,
Kane County, Illinois.
Parcel Index Number Recapture
Parcel Owner/Legal Description Acreage Amount
6 03-30-451-007 1.5 $4,500.00
Susan D. Hoyne, Revocable Trust
37W340 Mason Road
Elgin, Illinois 60123
Lot 1 of Wedgewood Acres, Unit No. 1, in the Township of Dundee,
Kane County, Illinois.
Parcel Index Number Recapture
Parcel Owner/Legal Description Acreage Amount
7 03-30-451-010 9.20 $27,600.00
Philip Wencik
118 Boulder Drive
Lake in the Hills, Illinois 60156
That part of the southeast quarter of Section 30, Township 42 North, Range 8 East
of the third principal meridian, described as follows: Beginning at the southwest
corner of said southeast quarter; Thence east along the south line of said southeast
quarter, 732 feet to the southwest corner of Wedgewood Acres, Unit No. 1;
Thence north 233 feet to the northwest corner of said subdivision; Thence east
along the north line of said subdivision, 400 feet to the northeast corner of lot 3 of
said Wedgewood Acres, Unit No. 1; Thence north along an extension of the east
line of said lot 3, a distance of 132.05 feet to the southerly right of way line of the
State of Illinois Northwest Toll Highway; thence northwesterly along said
southerly right of way line to the west line of said southeast quarter; thence south
along said west line to the point of beginning, except the following described
parcels: That part of the west half of the southeast quarter of Section 30,
Township 42 North, Range 8 East of the third principal meridian, described as
follows: Commencing at the southwest corner of the west half of said southeast
quarter; thence east along the south line of said southeast quarter, 732.0 feet to the
southwest corner of Wedgewood Acres Unit No. 1, for the point of beginning;
thence north along the west line of said Wedgewood Acres, 233.0 feet to the
northwest corner thereof; thence west and parallel to the south line of said
southeast quarter, 200.0 feet; thence south and parallel to the west line of said
Wedgewood Acres, 233.0 feet to the south line of said southeast quarter; thence
east along said south line, 200.0 feet to the point of beginning and also the
westerly 250 feet of the southeast quarter of section 30, Township 42 North,
Range 8 East of the third principal meridian, lying southerly of the southerly right
of way line of the State of Illinois northwest Toll Highway, in the Township of
Dundee, Kane County, Illinois.
Parcel Index Number Recapture
Parcel Owner/Legal Description Acreage Amount
8 03-30-451-011 5.25 $15,750.00
Commonwealth Edison
P.O. Box 767
Chicago, IL 60690
The westerly 250 feet of the southeast quarter of Section 30, Township 42 North,
Range 8 East of the third principal meridian, lying southerly of the southerly right
of way line of the State of Illinois Northwest Toll Highway, in the Township of
Dundee, Kane County, Illinois. Property address of 37W478 Mason Road,
Dundee, IL 60118.
Parcel Index Number Recapture
Parcel Owner/Legal Description Acreage Amount
9 03-30-451-009 0.92 $2,760.00
Thaddeus and Theresa Ciochon
37W380 Mason Road
Elgin, Illinois 60123.
That part of the west half of the southeast quarter of Section 30, Township 42
North, Range 8 East of the third principal meridian, described as follows:
Commencing at the southwest corner of the west half of said southeast quarter;
thence east along the south line of said southeast quarter, 732.0 feet to the
southwest corner of Wedgewood Acres Unit No. 1, for the point of beginning;
thence north along the west line of said Wedgewood Acres, Unit No. 1, 233.0 feet
to the northwest corner thereof, thence west and parallel to the south line of said
southeast quarter, 200.0 feet; thence south and parallel to the west line of said
Wedgewood Acres, 233.0 feet to the south line of said southeast quarter; thence
east along said south line, 200.0 feet to the point of beginning, in the Township of
Dundee, Kane County, Illinois.
Parcel Index Number Recapture
Parcel Owner/Legal Description Acreage Amount
10 03-30-300-009 42.0 $126,000.00
Bartels Farming Corp.
13127 Stone Creek Ct.
Huntley, IL 60142
That part of the east half of the southwest quarter of Section 30, Township 42
North, Range 8 East of the third principal meridian, lying south of the southerly
right of way line of the State of Illinois Northwest Toll Highway, in the Township
of Dundee, Kane County, Illinois.
Parcel Index Number Recapture
Parcel Owner/Legal Description Acreage Amount
11 03-31-100-002 58.0 $174,000.00
Bartels Farming Corp.
13127 Stone Creek Ct.
Huntley, IL 60142
The northeast quarter of the northwest quarter and the northwest quarter of the
northwest quarter (except the north 10.50 chains of said northwest quarter of the
northwest quarter) of Section 31, Township 42 North, Range 8 East of the third
principal meridian, in the Township of Dundee, Kane County, Illinois.
Parcel Index Number Recapture
Parcel Owner/Legal Description Acreage Amount
12 03-30-300-008 13.5 $40,500.00
Norwood Expo Center(William Nettleton)
2401 Tall Oaks Drive
Elgin, IL 60123
That part of the west half of the southwest quarter of Section 30, Township 42
North, Range 8 East of the third principal meridian, described as follows:
beginning at the southwest corner of said southwest quarter; thence northerly
along the west line of the southwest quarter, 998.59 feet to the centerline of a 49.5
foot wide Badger Pipe Line Company easement, recorded April 20 1954 as
document number 748740; thence southeasterly along said center line, which
forms an angle of 100 degrees 30 minutes 32 seconds to the left with the
prolongation of the last described course, 439.01 feet to angle in said center line;
thence easterly along said centerline which forms an angle of 7 degrees 12
minutes 38 seconds to the left with the prolongation of the last described course,
65.95 to an angle in the said center line; thence southeasterly along said center
line which forms and angle of 7 degrees 33 minutes 34 seconds to the right with
the prolongation of the last described course, 155.23 feet; thence southerly
parallel with the west line of the southwest quarter of said Section 30, 876.63 feet
to a point on the south line of said southwest quarter that is 650.0 feet east of the
point of beginning; thence west along said south line, 650.0 feet to the point of
beginning, in the Township of Dundee, Kane County, Illinois.
Parcel Index Number Recapture
Parcel Owner/Legal Description Acreage Amount
13 03-30-300-007 52.8 $158,400.00
Harris Bank Barrington, Tr. 11 5530
201 S. Grove Ave.
Barrington, IL 60010
THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 30,
TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN (EXCEPT THAT PART OF SAID SECTION 30 LYING
NORTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT
THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE
EAST ALONG THE NORTH LINE OF SAID QUARTER SECTION 506.23
FEET; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE
OF 30 DEGREES 39 MINUTES TO THE RIGHT WITH THE PROLONGATION
OF THE LAST DESCRIBED COURSE 949.91 FEET TO THE EAST LINE OF
THE WEST HALF OF SAID SOUTHWEST QUARTER; THENCE SOUTH
ALONG SAID EAST LINE 347.28 FEET FOR THE POINT OF BEGINNING OF
SAID LINE; THENCE NORTHWESTERLY ALONG A LINE FORMING AN
ENGLE OF 120 DEGREES 115 MINUTES TO THE RIGHT WITH THE
PROLONGATION OF THE LAST DESCRIBED COURSE 1533.98 FEET TO
THE WEST LINE OF SAID QUARTER SECTION, BEING THE
TERMINATION OF SAID LINE AND ALSO EXCEPT THAT PART OF THE
WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 30,
TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE
NORTHERLY ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER,
998.59 FEET TO THE CENTER LINE OF A 49.5 FOOT WIDE BADGER PIPE
LINE COMPANY EASEMENT,RECORDED APRIL 20, 1954 AS DOCUMENT
NUMBER 748740; THENCE SOUTHEASTERLY ALONG SAID CENTER
LINE, WHICH FORMS AN ANGLE OF 100 30 MINUTES 32 SECONDS TO
THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED
COURSE, 439.01 FEET TO ANGLE IN SAID CENTER LINE; THENCE
EASTERLY ALONG SAID CENTER LINE WHICH FORMS AN ANGLE OF 7
DEGREES 12 MINUTES 38 SECONDS TO THE LEFT WITH THE
PROLONGATION OF THE LAST DESCRIBED COURSE, 65.95 FEET TO AN
ANGEL IN SAID CENTER LINE; THENCE SOUTHEASTERLY ALONG
SAID CENTER LINE WHICH FORMS AN ANGEL OF 7 DEGREES 33
MINUTES 34 SECONDS TO THE RIGHT WITH THE PROLONGATION OF
THE LAST DESCRIBED COURSE, 155.23 FEET; THENCE SOUTHERLY
PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 30, 876.63 FEET TO A POINT ON THE SOUTH LINE OF
SAID SOUTHWEST QUARTER THAT IS 650.0 FEET EAST OF THE POINT
OF BEGINNING; THENCE WEST ALONG SAID SOUTH LINE, 650.0 FEET
TO THE POINT OF BEGINNING), IN THE TOWNSHIP OF DUNDEE, AND
PARTLY IN VILLAGE OF GILBERTS,KANE COUNTY, ILLINOIS.
Parcel Index Number Recapture
Parcel Owner/Legal Description Acreage Amount
14 03-31-200-009 43.5 $130,500.00
Bartels Farming Corp.
13127 Stone Creek Ct.
Huntley, IL 60142
THAT PART OF THE NORTHEAST QUARTER OF SECTION 31,
TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOW: COMMENCING AT THE
NORTHEAST CORNER OF SAID SECTION 31; THENCE SOUTH ALONG
THE EAST LINE OF SAID SECTION 957 FEET; THENCE WEST ALONG A
LINE FORMING AN ANGLE OF 90 DEGREES TO THE RIGHT WITH THE
PROLONGATION OF THE LAST DESCRIBED COURSE 62.7 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING ALONG THE
EXTENSION OF THE LAST DESCRIBED COURSE (THIS COURSE
HEREIN AFTER REFERRED TO AS LINE "A") 2577.3 FEET TO THE WEST
LINE OF SAID NORTHEAST QUARTER; THENCE NORTH ALONG SAID
WEST LINE 957 FEET TO THE NORTHWEST CORNER OF SAID
QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID
NORTHEAST QUARTER 1636.19 FEET TO A POINT 1003.81 FEET WEST
OF SAID NORTHEAST CORNER; THENCE SOUTH AT RIGHT ANGLES
TO SAID NORTH LINE 23 FEET; THENCE SOUTHEASTERLY ALONG A
LINE FORMING AN ANGLE OF 67 DEGREES 31 MINUTES TO THE LEFT
WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE 116.6
FEET; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE
OF 19 DEGREES 25 MINUTES TO THE RIGHT WITH THE
PROLONGATION OF HE LAST DESCRIBED COURSE 830.6 FEET;
THENCE SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 11
DEGREES 39 MINUTES TO THE LEFT WITH THE PROLONGATION OF
THE LAST DESCRIBED COURSE 230.1 FEET TO A LINE DRAWN
NORTHERLY FROM THE POINT OF BEGINNING, SAID LINE FORMING
AN ANGLE OF 85 DEGREES 45 MINUTES MEASURED CLOCKWISE
FROM LINE "A" AFORESAID; THENCE SOUTHERLY ALONG SAID LINE
218.4 FEET TO THE POINT OF BEGINNING, EXCEPT THAT EASTERLY
PORTION TAKEN FOR ROADWAY RIGHT OF WAY, IN THE TOWNSHIP
OF DUNDEE, KANE COUNTY, ILLINOIS.
Section 2. That any property held in common ownership with and contiguous to other
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 June 1, 2007. If full payment is
not made prior to June 1, 2007, then payment shall be made in full plus interest at the rate of
seven (7%) percent per annum accruing from June 1, 2007 until the date of payment.
Section 4. That a certified copy of this ordinance shall be recorded with the Recorder of
Deeds of Kane County, Illinois.
Section 5. 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 20, 2006
Passed: December 20, 2006
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: December 21, 2006
Published:
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
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. G113-06
AN ORDINANCE
ALLOCATING THE COST OF CERTAIN ROADWAY IMPROVEMENTS
TO BENEFITED PROPERTIES
(Capital Street—Alft Lane North to Westfield Drive)
passed by the Elgin City Council at its legally convened meeting held on December 20, 2006.
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 January 26, 2007.
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
150 Dexter Court Elgin, IL 60120
Elgin, IL 60120
EXHIBIT A
Capital Street
p
Recapture Area
Q Total Site=229.2 Acres
Map prepared by City of Elgin 200 0 200 Fed
November 2006
00330300007 A
528 AC
0330300009 0330451006
42 AC 330451002 OJAC
0.'3045101 46 AC
5.25
0330300008 C AC 0 9 25iC a °0.46
033 7
1.5A
.92 A Q.46 A
30451009 =0450 48 A
0330451004
0331200009
0331100002. 43.5 AC
56 AC
lb