T34-09 1III10111�11�1
State of Illinois) SANDY W E G 1-I A N
County of Kane) ss RECORDER - KANE COUNTY, IL
City of Elgin ) RECORDED: 7/16/20091:16 Ph
REC FEE: 28.00 RHSPS FEE: 18.00
PAGES: 7
Recording Information
i
CERTIFICATE OF CITY CLERK
I, Diane Robertson,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. T34-09
AN ORDINANCE
ALLOCATING THE COSTS OF CERTAIN WATERMAIN IMPROVEMENTS
• (The Traditions at Fitchie Creek-Northern Water Main Extension)
i
passed by the Elgin City Council at its legally convened meeting held on June 24,2009.
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 July 9,2009.
RUIA
s
City Clerk
4
This instrument prepared by: Return to:
William A. Cogley Diane Robertson p
Corporation Counsel Elgin City Clerk
City of Elgin 150 Dexter Court
150 Dexter Court Elgin, IL 60120
Elgin,IL 60120
2009 KO54455 1/7
Ordinance No. T34-09
AN ORDINANCE
ALLOCATING THE COSTS OF CERTAIN WATERMAIN IMPROVEMENTS
(The Traditions at Fitchie Creek-Northern Water Main Extension)
WHEREAS, Toll 11 LP, an Illinois limited partnership (hereinafter referred to as the
"Developer") is the owner or developer of 326 acres commonly known as the Bowes Creek
Country Club ("Subject Property"); and
WHEREAS, Developer has caused certain off-site water main improvements to be
constructed which consist of approximately 6100 linear feet of 16 inch diameter water main
commencing at Bowes Road, extending through the northern portion of the property commonly
known as the Traditions at Fitchie Creek, and continuing north along Nolan Road to Bowes
Road, such property commonly known as the Traditions at Fitchie Creek being legally described
in Exhibit A attached hereto, and such watermain improvements being depicted on Exhibit B
attached hereto (such water main improvements are hereinafter referred to as the "Subject Water
Main Improvements" and such Traditions at Fitchie Creek property is hereinafter referred to as
the "Traditions at Fitchie Creek Property"); and
WHEREAS, the Subject Water Main Improvements have been designed beyond the
requirements of the Developer making the Subject Water Main Improvements on the Traditions
at Fitchie Creek Property available to the Traditions at Fitchie Creek Property and thereby
�® benefits said Traditions at Fitchie Creek Property; and
WHEREAS, it is reasonable to require the owners of the Traditions of Fitchie Creek
Property to bear a portion of the cost of the Subject Water Main Improvements; and
WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and
perform any function pertaining to its government and affairs; and
WHEREAS, the construction of water main improvements and the allocation of the costs
of water main improvements to benefited properties pertains to the government and affairs of the
City of Elgin; and
WHEREAS, the total project costs incurred by the Developer in the construction of the
Subject Water Main Improvements was $742,069, of which $588,711 is the amount allocated to
the Traditions at Fitchie Creek Property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the owner(s) of the Traditions at Fitchie Creek Property shall pay to
the Developer the amount of $588, 711 as their share of the costs of the Subject Water Main
Improvements. Said fee shall be in addition to any and all other fees established by the City of
• Elgin for water services and in addition to any and all other requirements established by the City
of Elgin for connection to water services including, but not limited to, annexation into the City of
• Elgin.
Section 2. The Traditions at Fitchie Creek Property shall not be issued a building
permit or otherwise permitted to connect or otherwise use the Subject Water Main Improvements
until such time as payment is made to the Developer in the amount as set forth in this ordinance.
The Developer shall issue a certificate of payment in the form approved by the City upon the
payment of reimbursement from the owner(s) of the Traditions at Fitchie Creek Property.
Section 3. 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 4. That the owner(s) of the Traditions at Fitchie Creek Property may pay the
amount allocated without interest if payment is made no later than July 31, 2009. If payment is
made after July 31, 2009, then payment shall be made in full plus interest at the rate of six
percent (6%) per annum accruing from August 1, 2009, until the date of payment.
Section 5. Notwithstanding anything else to the contrary in this ordinance, any
property owned by the City of Elgin or any other governmental unit shall not be subject to this
Recapture Ordinance and the City of Elgin and any other governmental unit shall not be required
to pay any recapture pursuant to this ordinance or otherwise.
® Section 6. In the event of any conflict between the provisions of this ordinance and
the provisions of any other ordinance, the provisions of this ordinance shall supersede and
control.
Section 7. Developer shall within thirty (30) days of the adoption of this ordinance
record a certified copy of this ordinance with the Kane County Recorder. Developer shall also
within thirty (30) days of the adoption of this ordinance, send out by regular mail notice of the
adoption of this ordinance with a copy of the ordinance to the property owner(s) whose names
appear on the tax bills for the permanent index numbers for the Traditions at Fitchie Creek
Property.
Section 8. The provisions of this ordinance shall be nonrecourse to the City of Elgin
and the City of Elgin shall not be responsible in the event there is no development of any of the
Traditions at Fitchie Creek Property and/or the recapture payments provided for in this ordinance
are otherwise uncollected for any reason.
Section 9. That this ordinance shall be in full force and effect from and after its
• passage and publication in the manner provided by law.
Schock, ayor
Presented: June 24, 2009
Passed: June 24, 2009
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: June 25 2009 -
Published:
Attest:
Diane Robertson, City Cle k
•
•
• EXHIBIT A
Legal Description of the Traditions at Fitchie Creek Property
Parcel 1: That part of the southeast quarter of section 30, Township 41 North, Range 8 East of
the Third Principal Meridian described as follows: Commencing at the point of intersection of
the south line of Bowes Road as established by Document Number 563250 with the west line of
said quarter, 832.22 feet; thence easterly along a line forming an angle of 105 degrees, 09
minutes, 59 seconds with the last described course (measured clockwise therefrom), 50.82 feet to
the east line of Nolan Road as established by Document Number 1232476 from the point of
beginning: thence continuing easterly along the extension of the last described course, 1738.30
feet: thence easterly along a line forming an angle of 165 degrees, 22 minutes, 54 seconds with
the last described course (measured clockwise therefrom) 687.73 feet to the west line extended
of a tract conveyed to Franz and Helga Stockman by Document Number 1574591: thence
northerly along a line forming an angle 90 degrees, 00 minutes, 37 seconds with the last
described course (measured clockwise therefrom) being said west line extended and parallel with
the east line of said quarter. 34 feet to the north bank of Fitchie Creek: thence easterly northerly
and southeasterly along the north bank of Fitchie Creek. 183 feet, more or less, to the west line
of the easterly 127.28 feet of said quarter (measured along the north line of said quarter): thence
southerly parallel with the east line of said quarter, 53 feet to a point that is 1369.00 feet
southerly of the north line of said quarter: thence easterly parallel with the north line forming an
angle of 89 degrees, 48 minutes, 21 seconds with the last described course (measured clockwise
• therefrom) 127.28 feet to the said east line; thence southerly along said east line, 1243.70 feet to
the northerly line of a tract of land conveyed to the Commonwealth Edison Company by
Document Number 1320007: thence northwesterly along said northerly line forming an angle of
63 degrees, 47 minutes,l 9 seconds with the last described course (measured conterclockwise
therefrom). 2902.55 to the east line of Nolan Road; thence northerly along said east line Nolan
Road forming an angle of 116 degrees, 37 minutes, 37 seconds with the last described course
(measured counterclockwise therefrom), 399.44 feet to the point of beginning in Kane County,
Illinois; also the entire right-of-way of Nolan Road which lies between the extensions of the
northerly and southerly boundaries of the above described parcel. In Kane County, Illinois:
Parcel 2: That part of the Southwest Quarter of Section 29, Township 41 North, Range 8 East of
the Third Principal Meridian, described as follows: Beginning at the Southwest corner of said
Southwest Quarter; thence North 00 degrees 21 minutes 57 seconds West along the West line of
said Southwest Quarter 1291.49 feet to a line that is 1369.0 feet, as measured perpendicular,
South of and parallel with the North line of said Southwest Quarter; thence North 88 degrees 35
minutes 09 seconds East parallel with the North line of said Southwest Quarter, a distance of
931.50 feet to a line that is 931.34 feet, as measured perpendicular, East of and parallel with the
West line of said Southwest Quarter; thence South 33 degrees 28 minutes 22 seconds West
555.76 feet; thence South 56 degrees 34 minutes 00 seconds East 706.28 feet; thence South 01
degree 33 minutes 47 seconds East 428.66 feet to the South line of said Southwest Quarter;
thence South 88 degrees 26 minutes 13 seconds West along said South line 1218.00 feet to the
Place of Beginning: said parcel of land herein described contains 28.60 acres, more or less, all in
• Elgin Township, Kane County, Illinois.
• EXHIBIT B
Watermain Improvements
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