T42-09 Ordinance No. T42-09
• AN ORDINANCE
ALLOCATING THE COST OF CERTAIN SECOND EXTENDED
SECTION OF CAPITAL STREET IMPROVEMENTS
TO BENEFITTED PROPERTIES
(# 6- Second Extended Section of Capital Street Improvements-
Capital Corporate Center)
WHEREAS, the City of Elgin, a municipal corporation of the counties of Cook and
Kane, in the state of Illinois (hereinafter referred to as the "City"), Bartels Farming Corporation,
an Illinois corporation (being hereinafter referred to as "Owner"), and ABCP, LLC, an Illinois
limited liability company (hereinafter referred to as "Developer") entered into an Annexation
Agreement (being hereinafter referred to as "Annexation Agreement") dated December 20`h.
2006: and
WHEREAS, the City, the Owner, and the Developer agreed in said Annexation
Agreement, section 6(D), that upon the completion of the design and construction of the Second
Extended Section of Capital Street / Mason Road from (i) the north line of Essex Lane to (ii) the
northwest corner of the Subject Property, that the City would adopt a recapture ordinance for the
benefit of the Developer to collect from the Owner or Owners of the benefited properties to the
north of the Subject Property their pro rata share of the cost to complete construction such road
section (hereinafter referred to as "Subject Second Extended Section of Capital Street/Mason
Road Improvements");
WHEREAS, the Developer extended the Subject Second Extended Section of Capital
Street/Mason Road Improvements and it is fair and equitable to require benefitted properties to
pay their fair share of the improvement; and
WHEREAS, the installation of the Subject Second Extended Section of Capital
Street/Mason Road Improvements makes sewer service available to nearby properties and
thereby benefits said properties; 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 the Subject Second Extended Section of Capital
Street/Mason Road Improvements and allocation of the costs of said Second Extended Section of
Capital Street/Mason Road Improvements to benefited properties pertains to the government and
affairs of the City of Elgin; and
WHEREAS, the City has determined that the Subject Second Extended Section of
Capital Street/Mason Road Improvements heretofore described shall benefit ten (10) parcels of
land with a total acreage of 62.91 acres, as depicted on Exhibit A entitled "Recapture Area"; and
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WHEREAS, within the Recapture Area, one of the ten parcels is owned by the
• Developer, 43.5 acres of the total 62.91, making 69.15% of the costs of the Subject Second
Extended Section of Capital Street/Mason Road Improvements attributable to the Developer and
the nine remaining parcels will share in the remaining balance of the costs of the Subject Second
Extended Section of Capital Street/Mason Road Improvements; and
WHEREAS, the total Project Cost of the Subject Second Extended Section of Capital
Street/ Mason Road Improvements was $1,149,461.24; and
WHEREAS, the City Council hereby finds that the fair proportionate share of the cost of
the above described Subject Second Extended Section of Capital Street / Mason Road
Improvements to properties benefited by the availability of such facilities should be computed at
the rate of$18,271.52 per gross acre.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
i identified in
Section 1. That the owner of any of the Subject Benefited Propert es
B attached hereto and made a art hereof who desires to annex into the City of Elgin
Exhibit p y
and/or otherwise connect to and use the Subject Second Extended Section of Capital
Street/Mason Road Improvements shall pay to the Developer the amount allocated as the fair
proportionate share of the costs of the Subject Second Extended Section of Capital Street/Mason
Road Improvements being the amount of$18,271.52 per gross acre. Said fee shall be in addition
• to any and all other fees established by the City of Elgin for the Second Extended Section of
Capital Street/Mason Road Improvements and in addition to any and all other requirements
established by the City of Elgin for connection to or use of the Second Extended Section of
Capital Street/Mason Road Improvements including, but not limited to, annexation into the City
of Elgin.
Section 2. No property listed in Exhibit B that will be adjacent to and/or otherwise
use the Subject Second Extended Section of Capital Street/Mason Road Improvements shall be
annexed into the City or shall be issued a building permit or otherwise be issued a permit by the
City of Elgin to connect or to otherwise use the Subject Second Extended Section of Capital
Street/Mason Road Improvements until such time as payment is made to the Developer in an
amount equal to such property's proportionate share of said improvements 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 of a benefited 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
the ordinance.
Section 4. That the owner of any of the Subject Benefitted Properties identified in
Exhibit B attached hereto may pay the amount allocated without interest if payment is made
• prior to October 30, 2009. If full payment is not made prior to October 30, 2009, then payment
• shall be made in full plus interest at the rate of six percent (6%) per annum accruing from
August 26, 2009 until the date of payment.
Section 5. The provisions of this ordinance are not intended and shall not be
construed as to authorize or entitle the Owner of any of the subject benefitted properties, or any
other person or entity, the right to annex into the City of Elgin.
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 owners whose names
appear on the tax bills for the benefitted properties identified in Exhibit B.
Section 8. The provisions of this ordinance shall be non-recourse 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
subject benefitted properties 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.
Ed Schoc ayor
Presented: August 26, 2009
Passed: August 26, 2009
Vote: Yeas: 7 Nays: 0
Recorded: August 27, 2009
Published: _-
Attest:
CA
Diane Robertson, Cit Clerk
•
• EXHIBIT A
RECAPTURE AREA MAP
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AD
EXHIBff A
Capital Street
Recapture Area
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033045!004
43.' AC Now AS DIVIDED
IN THE TAt31 .
138L01%,
1,0 Ts PIN
Lott 03-31-226-004
Lot 2 03-31-226.003
Lot 3A 03-31-202-004
Lot 313 03-31-202-005
Lot 03-31-226-002
_Lot 5 03-31-226_-001
1:016 —- 03-31-227-001 —
Lot7 03-31-227-002
Lot 03-31-227-004
Outlot A 03-31-202-003
0 utlot 13 U3 31-202-UU2
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• EXHIBIT B
RECAPTURE COSTS
Parcel Index Number Recapture
Parcel Owner/Legal Description Acreage Amount
1 03-30-451-002 0.46 $8,404.90
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 $8,404.90
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 $8,404.90
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 $8.404.90
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 $12.790.06
Susan D. Hoyne, Revocable Trust
37W340 Mason Road
Elgin, Illinois 60123
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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 $27,407.28
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 $168.097.97
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, 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.
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• Parcel Index Number Recapture
Parcel Owner/Legal Description Acreage Amount
8 03-30-451-011 5.25 $95,925.47
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 Acrea e Amount
9 03-30-451-009 0.92 $16,809.80
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.
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