T16-18 Recorded 1
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1O SANDY GMAN
RECORDER - KANE COUNTY, IL
State of Illinois ) RECORDED: 11/19/2018 02:45 PM
County of Kane) ss REC FEE: 51.00 RHSPS FEE: 9.00
City of Elgin ) PAGES: 7
CERTIFICATE OF CITY CLERK
I, Kimberly Dewis, 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. T16-18
AN ORDINANCE
ALLOCATING THE COST OF CERTAIN UTILITY IMPROVEMENTS AND
THE EXTENDED SECTION OF ALFT LANE/MASON ROAD
IMPROVEMENTS TO BENEFITTED PROPERTIES
passed by the Elgin City Council at its legally convened meeting held on November 7, 2018.
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 November 8, 2018.
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William A. Cogley Kimberly Dewis
Corporation Counsel Elgin City Clerk
City of Elgin 150 Dexter Court
150 Dexter Court Elgin, IL 60120
Elgin, IL 60120
Ordinance No. T16-18
AN ORDINANCE
ALLOCATING THE COST OF CERTAIN UTILITY IMPROVEMENTS AND
THE EXTENDED SECTION OF ALFT LANE/MASON ROAD
IMPROVEMENTS TO BENEFITTED PROPERTIES
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"), and David Huang(hereinafter referred
to as "Developer") entered into an Annexation Agreement (being hereinafter referred to as
"Annexation Agreement") adopted by Resolution 14-93 and recorded on August 14, 2014 as
document number 2014K040195; and
WHEREAS,the City,the Developer agreed in said Annexation Agreement, in Sections 3F
and 6B,that upon the completion of the design and construction of the Specified Utilities including
a sanitary sewer, storm sewer and water main and the completion of the design and construction
of the Extended Section of Alft Lane/Mason Road,the City would adopt a recapture ordinance for
the benefit of the Developer to collect from the owner or owners of the benefitted properties to the
north of the Subject Property their pro rata share of the cost to complete construction such
Specified Utilities and road section (hereinafter referred to as the "Subject Specified Utilities and
Extended Section of Alft Lane/Mason Road Improvements"); and
WHEREAS, the Developer has provided for the construction of the Subject Specified
Utilities and Extended Section of Alft Lane/Mason Road Improvements and it is fair and equitable
to require benefitted properties to pay their fair share of the improvements; and
WHEREAS the installation of the Subject Specified Utilities and Extended Section of Alft
Lane/Mason Road Improvements makes such improvements 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 Specified Utilities and Extended Section of
Alft Lane/Mason Road Improvements and allocation of the costs of said Subject Specified Utilities
and Extended Section of Alft Lane/Mason Road Improvements to benefitted properties pertains to
the government and affairs of the City of Elgin; and
WHEREAS, the City has determined that the Subject Specified Utilities and Extended
Section of Alft Lane Mason Road Improvements heretofore described shall benefit three (3)
parcels of land with a total gross acreage of 156.5980 acres, as depicted on Exhibit A entitled
"Recapture Area"; and
WHEREAS, within the Recapture Area, one of the parcels is owned by the Developer, is
identified on Exhibit A as "Subject Property", with a gross area, of 60.3340 acres. The percentage
of the costs of the Subject Specified Utilities and Extended Section of Alft Lane/Mason Road
Improvements attributable to the Developer is 38.53%. The percentage of the costs of the Subject
Specified Utilities and Extended Section of Alft Lane/Mason Road Improvements attributable to
Parcel 1 with a gross area of 42.8270 acres, is 27.35%. The percentage of the costs of the Subject
Specified Utilities and Extended Section of Alft Lane/Mason Road Improvements attributable to
Parcel 2 with a gross area of 53.470 acres, is 34.12%; and
WHEREAS, the total Project Cost of the Subject Specified Utilities and Extended Section
of Alft Lane/Mason Road Improvements was $1,932,281.03; and
WHEREAS, the City Council hereby finds that the fair proportionate share of the cost of
the above described Subject Specified Utilities and Extended Section of Alft Lane/Mason Road
Improvements to properties benefited by the availability of such facilities should be computed at
the rate of$12,339.12 per gross acre.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the owner of any of the Subject Benefitted Properties identified in Exhibit
B attached hereto and made a part hereof who desires to annex into the City of Elgin and/or
otherwise connect to and use the Subject Specified Utilities and Extended Section of Alft
Lane/Mason Road Improvements shall pay to the Developer the amount allocated as the fair
proportionate share of the costs of the Subject Specified Utilities and Extended Section of Alft
Lane/Mason Road Improvements being the amount of$12,339.12 per gross acre. Said fee shall be
in addition to any and all other fees established by the City of Elgin for the Subject Specified
Utilities and Extended Section of Alft Lane/Mason Road Improvements and in addition to any and
all other fees and requirements established by the City of Elgin for connection to or use of the
Subject Specified Utilities and Extended Section of Alft Lane/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 Specified Utilities and Extended Section of Alft Lane/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 Specified Utilities and Extended Section
of Alft Lane/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 benefitted 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
December 31, 2018. If full payment is not made prior to December 31, 2018, then payment shall
be made in full plus interest at the rate of Five and Three-Quarters percent (5.75%) per annum
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accruing from the date of the adoption of this ordinance until the date of payment.Notwithstanding
the foregoing, interest will stop accruing twenty (20) years after the date of the adoption of this
ordinance.
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 Subject 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.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: November 7, 2018
Passed: November 7, 2018
Vote: Yeas: 8 Nays: 0
Recorded: November 7, 2018
Published: November 8, 2018
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
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EXHIBIT A
RECAPTURE AREA
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RECAPTURE AREA
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EXHIBIT B
RECAPTURE ALLOCATION
Parcel Owner Parcel Index Number Gross Recapture Amount
Acreage
1 Bartels Farming Corp. 03-30-300-009 42.8270 $528,447.36
13127 Stone Creek Ct.
Huntley, IL 60142
Legal Description:
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, lllinois.
2 CTLTC 03-30-300-007 53.43708 $659,365.39
Tr.#008002350424
Hoffman Estates, IL 60195
Legal Description:
THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 42
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDLAN; 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 QUUARTER 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
SOUTHWESTERLY QUARTER; THENCE SOUTH ALONG SAID EAST LINE 347.28 FEET
FOR THE POINT OF BEGINNING OF SAID LINE; THENCE NORTHWESTELY ALONG A
LINE FORMING AN ANGLE OF 120 DEGREES 15 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 DEGREES 30 MINUTES 32 SECONDS TO THE
RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 439.01 FEET
TO THE ANGLE IN SAID CENTER LINE; THENCE EASTERLY ALONG SAID CENTER
LINE WHICH FORMS AN ANGLE OF 7 DEGREES 12 MINUTES 38 SECONDS TO THE
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LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 65.95 FEET TO
AN ANGLE 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 THE VILLAGE OF
GILBERTS, KANE COUNTY, ILLINOIS.
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V 06n Memorandum
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City of Elgin
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VIA INTEROFFICE
Date: December 3, 2018
To: Kimberly A. Dewis, City Clerk
From: William A. Cogley, Corporation Counsel
Subject: Recorded Copy of Ordinance No. T16-18 Providing for a Recapture of Certain
Utility Improvements and Roadway Improvements Along Alft Lane and Mason
Road
Attached for the city clerk's files is a recorded copy of the above-referenced Ordinance No. T16-
18 recorded on November 19, 2018 as Document No. 2018K056184. The ordinance allows for
the recapture of certain utility and roadway improvements along Alft Lane and Mason Road and
was adopted in connection with the David Huang annexation agreement, such annexation
agreement have previously been approved by the city council pursuant to Resolution No. 14-93.
WIIN
ksb s/WAC
Attachment
cc: Marc Mylott (via email w/attachment)
Damir Latinovic (via email w/attachment)
Ron Rudd (via email w/attachment)