HomeMy WebLinkAboutOrdinances - O-97-824 - 05/07/1997 - RECAPTURE AGREEMENT PASTERNOCKORDINANCE NO. 0-97-824
An Ordinance Regarding
.fames X . and Susan X . Pas tazmoak Reimbursement
WHEREAS, prior to the date of this Agreement, JAMES M. and
SUSAN M. PASTERNOCK, sole beneficiaries of McHenry State Bank Trust
No. 12336 ("Developer's) extended the municipal sanitary sewer
system to service its property at 209 North Front Street, McHenry,
Illinois ("Subject Property"); and
WHEREAS, the extension of said sewer mains will benefit: the
following described property:
The North 128.71 feet of the South 256.86 feet as
measured on the East line thereof of that part of the
Southwest Quarter of the Southwest Quarter of Section 35,
Township 45 North, Range 8 East of the 3rd Principal
Meridian, bounded and described as follows to wit:
Commencing at the Northwest Corner of the Southwest
Quarter of the Southwest Quarter of said section 35;
thence Easterly along the Quarter Quarter Section line,
a distance of 666.18 feet to the Westerly line of
Illinois State Highway, running in a Northerly and
Southerly direction through said Southwest Quarter of the
Southwest Quarter of said section 35; thence Southerly
along Westerly line of Illinois State Highway a distance
of 646.51 feet; thence Westerly and parallel to said
Quarter Quarter Section line, a distance 681.4 feet to
the Westerly line of said Section 35; thence Northerly
along said Section line, a distance of 646.6 feet to the
place of beginning in McHenry County, Illinois.
("Benefitted Property"); and
WHEREAS, Developer has paid all of the costs of construction
of the sanitary sewer improvements in connection with the Subject
Property, totalling $9,638.00.
WHEREAS, it is the desire of Developer to be reimbursed by the
owners of the Benefitted Property on an equitable basis for the
cost of the sanitary sewer improvements thereof which is in excess
of that required for the Subject Property.
BE IT ORDAINED by the City Council of the CITY OF MCHENRY,
McHenry County, Illinois, as follows:
4
SECTION 1. Developer shall be entitled to receive $4,819.00
from the owner of the Benef itted Property ( "Reimbursement Amount") .
SECTION 2. The City will endeavor to collect the
Reimbursement Amount from the owners of Benef itted Property, within
the meaning of 625 ILCS 5/9-5-1, prior to the time that said
benefitted property connects to said sanitary sever improvements.
SECTION 3. The City will attempt to collect the costs
provided herein from Benefitted Property but shall not be liable to
Developer if the City is, for any reason, unable to collect said
costs. The City's responsibility to reimburse Developer shall be
limited to payments from funds actually collected from Benefited
Property owners.
SECTION 4. The City reserves the right to, at any time during
the term of this ordinance, file this Ordinance with the McHenry
County Recorder of Deeds and notify the owners of the Benefitted
Property of the terms of this Ordinance.
SECTION 5. Developer shall reimburse and indemnify City for
all costs, engineering and attorney's fees and liability incurred
by the City in attempting to collect the Reimbursement Amount
subject to this Ordinance.
SECTION 6. If any section, paragraph, subdivision, clause,
sentence or provision of this Ordinance shall be adjudged by any
Court of competent jurisdiction to be invalid, such judgment shall
not affect, impair, invalidate or nullify the remainder thereof,
which remainder shall remain and continue in full force and effect.
SECTION 7. All ordinances br parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 8. This Ordinance shall be in full force and effect
upon its passage, approval and publication in pamphlet farm (which
publication is hereby authorized) as provided by law.
Voting Aye: Bolger, Glab, McClatchey, Murgatroyd.
Voting Nay: Baird.
Absent: None.
Abstain: None.
RROV :
r Steven J. Cuda
(SF.kL)
ATTEST:
city Clerk Pa la J. kA#Off
Passed: May 7' 1997
Approved: Mar 7 , 1997
2