HomeMy WebLinkAboutOrdinances - ORD-03-1193 - 10/06/2003 - AUTHORIZE RECAPTURE AGRMT SAN SEWER AND WATER BOONORDINANCE NO. ORD-03-1193
AN ORDINANCE AUTHORIZING THE EXECUTION OF A RECAPTURE AGREEMENT WITH
BOONE CREEK VENTURE FOR THE SANITARY SEWER AND WATER IMPROVEMENTS
ASSOCIATED WITH THE DEVELOPMENT OF AN APPROXIMATELY 180 ACRE PROPERTY
LOCATED ON THE EAST SIDE OF CURRAN ROAD AND NORTH AND SOUTH OF
DARTMOOR DRIVE IN THE CITY OF MCHENRY, ILLINOIS
WHEREAS, Boone Creek Venture, American Heritage Development Corporation and
Gerstad Builders, Inc., a joint venture authorized to do business in the State of Illinois, ("BOONE
CREEK VENTURE") is the developer of approximately one hundred eighty (180) acres, generally
located on the east side of Curran Road and north and south of Dartmoor Drive and commonly
known as Boone Creek Subdivision, in the City of McHenry, Illinois; and
WHEREAS, BOONE CREEK VENTURE constructed sanitary sewer and water
improvements upon the understanding that the CITY would provide by appropriate agreement to
recapture an equitable portion of the cost thereof from other lands which will benefit therefrom; and
WHEREAS, the terms and conditions relating thereto were incorporated in the Annexation
Agreement dated June 11, 1992 between the CITY and MCHENRY STATE BANK, as Trustee
under the provisions of a Trust Agreement dated July 4, 1990, and known as Trust No. 12302, and
DAVID L. BACKHAUS and KATHERINE M. BACKHAS; MCHENRY STATE BANK, as Trustee
under the provisions of a Trust Agreement dated July 4, 1990, and known as Trust No. 12303, and
DONALD E. BACKHAUS and JOANNE C. BACKHAUS; and MCHENRY STATE BANK, as Trustee
under the provisions of a Trust Agreement dated July 4, 1990, and known as Trust No. 4991, and
FREMONT BACKHAUS and IRENE BRACKMANN ("OWNERS").
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1: The Recapture Agreement, bearing the date of October 6, 2003 between the
CITY and BOONE CREEK VENTURE, be and the same is hereby approved. A complete and
accurate copy of said Recapture Agreement, labeled Boone Creek Sanitary Sewer and Water
Recapture Agreement', is attached to this Ordinance and incorporated herein by reference.
SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as
Mayor and City Clerk to said recapture agreement for the uses and purposes therein set forth.
SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof
are hereby repealed to the extent of such conflict.
SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority
of the corporate authorities of the City of McHenry, McHenry County, Illinois.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
PASSED THIS 6TH DAY OF OCTOBER , 2003
AYES: BOLGER, GLAB, W1MMER, PETERSON, CONDON
NAYS: LOW, MURGATROYD
ABSTAINED:
NONE
ABSENT: NONE
NOT VOTING: NONE
APPROVED THIS 6TH DAY OF OCTOBER , 2003
ATTEST:
C
CIT-f CLERK
2
Y4 "� e, , Z�t
""'MAYOR
BOONE CREEK SANITARY SEWER AND WATER RECAPTURE AGREEMENT
This Agreement is made at McHenry, Illinois, as of this 6 nday of October, 2003, between the
CITY OF MCHENRY, ILLINOIS, an Illinois municipal corporation (the "CITY") and Boone Creek
Venture, American Heritage Development Corporation and Gerstad Builders, Inc., a joint venture
authorized to do business in the State of Illinois ("BOONE CREEK VENTURE").
WHEREAS, BOONE CREEK VENTURE is the developer and successor in interest of
one hundred eighty (180) acres of land, more or less, situated east of Curran Road and north and
south of Dartmoor Drive, in the City of McHenry, Illinois; and
WHEREAS, on June 11, 1992, the CITY entered into an Annexation Agreement with
MCHENRY STATE BANK, as Trustee under the provisions of a Trust Agreement dated
July 4, 1990, and known as Trust No. 12302, and DAVID L. BACKHAUS and
KATHERINE M. BACKHAS; MCHENRY STATE BANK, as Trustee under the provisions
of a Trust Agreement dated July 4, 1990, and known as Trust No. 12303, and DONALD
E. BACKHAUS and JOANNE C. BACKHAUS; and MCHENRY STATE BANK, as
Trustee under the provisions of a Trust Agreement dated July 4, 1990, and known as
Trust No. 4991, and FREMONT BACKHAUS and IRENE BRACKMANN ("OWNERS").
WHEREAS, BOONE CREEK VENTURE is developing the one hundred eighty (180)
acres of land as a subdivision under the designation of "Boone Creek Subdivision"; and
WHEREAS, BOONE CREEK VENTURE'S land was not served by a municipal sanitary
sewer and water system prior to annexation to the CITY and the CITY requested BOONE CREEK
VENTURE to provide a municipal sanitary sewer and water system; and
WHEREAS, the CITY determined, upon advice and recommendation of its City
Engineers, that it was in the best interests of the CITY that any municipal sanitary sewer and
water system to serve the Boone Creek Subdivision be designed, constructed and routed in such
a manner as to be capable of serving a larger area of land, part of which presently lies within the
CITY limits and the remainder of which lies in such relation to the CITY limits that it may be
annexed to the CITY in the future, pursuant to then existing law and pursuant to such action as
the Corporate Authorities of the CITY, in their discretion, may wish to take from time to time; and
WHEREAS, the CITY was unable to provide a municipal sanitary sewer and water
system because of lack of funds for this purpose; and
WHEREAS, the construction of the sanitary sewer and water systems were completed by
BOONE CREEK VENTURE at their own expense.
NOW, THEREFORE, IT IS HEREBY ORDAINED by the Mayor and City Council of the
City of McHenry, County of McHenry, Illinois as follows:
SECTION 1: In accordance with Paragraph 15, PUBLIC IMPROVEMENT
REIMBURSEMENT SECTION, of the Annexation Agreement and in order to effect a fair and
equitable allocation of the entire cost of the Boone Creek Extension between BOONE CREEK
VENTURE and others who might be benefited in the future, it is hereby determined that BOONE
CREEK VENTURE installed sewer improvements and water improvements for a total
construction cost of $659,830 ($430,938 for sewer improvements and $228,892 for water
improvements) and shall be entitled to recover the sum of $106,158 ($71,125 for sanitary sewer
improvements and $35,033 for water improvements) as set forth in Exhibit "A", attached hereto
and incorporated herein by reference, together with simple interest (not compounded) on the
unpaid balance thereof at a rate of 5% per annum, from November 12, 2001, not to exceed ten
(10) years following said date (November 12, 2011), from the Sanitary Sewer Benefited Areas
and Water Benefited Areas.
SECTION 2: Said Sanitary Sewer and Water Benefited Areas are divided among eleven
(I I) Areas, marked Tract 1-11 and are described on Exhibit "B" attached hereto and incorporated
herein by reference. Each tract number details the tract area, eligible recapture, total recapture
amount and the recapture amount per acre. Said Sanitary Sewer Benefited Areas and Water
Benefited Areas are depicted on a map attached hereto as Group Exhibit C and incorporated
herein by reference. The total sewer recapture area consists of 649.73 acres and the total water
recapture area consists of 1,033.03 acres. The sum collected from each area shall be paid to
BOONE CREEK VENTURE after deduction of two percent (2%) for administrative charges due to
the City.
SECTION 3: The CITY shall not issue any connection permits until the Benefited
Property owner either pays the reimbursement costs set forth herein or adequately assures the
CITY that the payment will be made.
SECTION 4: The CITY will use its best efforts to collect the costs provided herein from
the Benefited Property owners but shall not be liable to BOONE CREEK VENTURE if the CITY is,
for any reason, unable to collect said costs. The CITY'S liability to reimburse BOONE CREEK
VENTURE shall be limited to payment from funds actually collected from the Benefited Property
owners. BOONE CREEK VENTURE shall reimburse and indemnify the CITY for all costs,
engineering and attorney's fees and liability incurred by the City with to regard the drafting and
implementation of this Agreement or defense thereof.
SECTION 5: This Agreement between BOONE CREEK VENTURE and the CITY may
be amended by the parties from time to time without the consent of any other person or
corporation owning land in the area to be served or paying connection fees after the effective
date hereof.
SECTION 6: If any provisions of this Agreement, or the application of a provision to
any person or circumstances, shall be held invalid, the remainder of this Agreement, or the
application of a provision to persons or circumstances other than those as to which is held invalid,
shall not affected.
SECTION 7: This Agreement terminates upon the earlier of June 11, 2012 or upon
reimbursement having been fully paid by the benefited property owners referenced herein.
WHEREFORE, the parties hereto have set their hands this _day of 2003.
CITY OF MC ENRY
BY:
Su n E. Low, Mayor
ATTEST:
-c,a,
Janis . nes, City CI
BOONE REEK VENTURE, LLC.
BY:
Roger Gerstad, Gerstad
Builders,lnc. (Title)
Dav�L. Backhaus, American
Heritage Builders, Inc.
ATTEST:
Exhibit "A"
(Cost Calculations for Sanitary Sewer and Water Improvements and supporting
documentation -copy is on file with the City Clerk's Office)
V.
O N C
C=
-
O•" �
0 �
d d
CD
��
D
r-
@ 3
:3"
@ 3
.0"
cD 3
-,
CD CD (n
0
00
m
r
r
CD
� c�
n
D
m
a
m
CD
-i
cn(n
o
Cp CD
C
O
"
O
CD
0
Ocn
W
r
m
-�
c�
d
O
cn
� W
CA cn
Cn U1
-I v
CA 0)
-' �' cn
CD
CD W
O O
(h G7
OD 00
CA O
C11 C11 0o co CD CT W CD
4 CO
-+
N N
O p
N N
O CD O O O CD iA 00
W W
W W
N N
W (D
co co
00 W O O O V O V
CA
C/A
Cn
C/)CC
2. <
2,
CCCCCCCCCC¢CC
CD
CD
CD
CD
CD CD CD CD CD CD 0 CD
t
ICE
CO
Cn3
Cn3
cn3
3 3 3 3 3 3 3 3
CD
CD M
CD LU
CD LD
tv 2? tv T. CD Cy T. d
CD
CD
CD
0
m
.69 H9
69
<A 69
s
A to
69 690
C�11 N
69
cD
O N
69 69 69 69 69 '.0 w
O
_CWJ1
..a j p
--►
j
O CD
•P
Cl co
W W W W W -4
H
CA N W
U1
co -4
Am
CD (0)
co N
-C -C C O C O V -I CD W
co CT w
00
co CA
U7 N
U1 O
-C CD
CO CO CD CD CD CO CD CA
`r-
' ' : 1.
.` . -
J:
- -, •; ti'.
� N
OfA
O
69
69
0
:,i, ) V ,.
'm`,
O.
N_` -
fA;ffi EH' (J9 69 6A W W
O
C
. i tom" ;': ,"•.
CO• '', •;
..
�, rd' �•
' •
CD' '
..:
W W —a':—► �-W . W W �I
' OO CO: V -1 CD O0,
.A
CD
_.
W �..- _•
�':
CO . •,
c
N • .'
0.....•
-1 V ,
OD, coCD co CD CO -CD •C>
.
_
O
69
69
EA
13
CD
b9
(A
" 69
fA 69 69 69 EA 69 69 4A
D
O A
CO W
O
CD -I
O 69
CD O
O CA
CO N
N N N N N N N N
W W W W W W W W
O
A l�
A N
A O
A W
m O m O m m 0 O
CD
4 N
V A
-I O
-I N
W OD 00 0D co 00 OD W
f:969d9696969:69Efi-
CD
0
01
N
N
O_
O
cD
-I
NN NNNN NNO
W W W W W W.W W
O
o
�I •,
.4,CD
N
c
—'
00 OD 000 OD W CO 00 CO
C
0 3
O >
O n
m>
< O
mDOOV
m
m n
zm—�°i
--I C
��rn
n
0
I
Ch
COST TO OVERSIZE SANITARY SEWER SYSTEM
TO SERVE
TRACTS #9,10 & 11— SHAMROCK FARMS
Item
Quan.
Unit
Description
Unit Price
Total Cost
1.
632
LF
15" Sanitary Sewer
$ 30.00
$18,260
Phl
Instead of 8" (Same Depth)(60-30)
2.
1,225
LF
12" Sanitary Sewer (13' deep)
$ 13.25
Ph 1
496
Instead of 8" (10' deep)(30-30)
0.00
Ph 2
587
(38-28)
10.00
$ 5,870
Ph 5
366
(32-21)
11.00
$ 4,026
3.
221
12" Sanitary Sewer (15' deep)
$ 49.00
4.
1
EA
Sanitary Sewer Manhole
$ 1,550
5.
1
LS
10' Dia. X 31' Deep Wet Wall
Lump Sum
$ 3,000
Instead of 9' dia. X 30' Deep
Including Dewatering and
Excavation
6.
1
LS
Difference in Cost of the Pumps,
$34,000
piping and Generator that was
installed, and what was required
for Boone Creek
Sub -Total $65,856
Engineering at 8% $ 5,265
TOTAL $71,125
*From Blackmore pay request for Unit I Area = 649.73
**From SJN Subsurface pay request for Unit 2 Recapture = $109.47/acre
***From SJN Subsurface pay request for Unit 5
****No backup info, but looks high, allow. $3,000
*****See Blackmore pay request — no breakdown of costs, just a lump sum
of $290,000. Estimated cost of change in generator alone (from Precision Systems)
is $24,000 — allow $24,000 + $10,000 = $34,000
Cost/Acre =
1 of 6
Sanitary Sewer total cost for sewer in recapture area
lineal ft
$/ ft
unit 1
632 15" Sanitary Sewer
60
37,920 ✓
unit 1
496 12" Sanitary Sewer
30
14,880 ✓
unit 2
587 12" Sanitary Sewer
38
22,30.6 ',/
unit 5
366 12" Sanitary Sewer
32
11,712'--"
1 10' dia x 31 deep wet well
287000 287,000
✓
unit 1
4200 8" force main -
13.6
57,120-✓
Total cost before recapture
430,938
Amount In recapture
t $7 /� 1 Z 5
Water main oversize
unit 1
915 Dartmoor Drive Off -site 10"
pipe 16 ✓
13,725
7 10" 45 bend
feo-
47+2e-
1995'
1 10" x 8" cross
2 a 5--m
230
Z85,
Dartmoor Drive On -Site
0
unit 1
1 10" G.V.
2800'r
2,800
1 10" x 8" cross
330 Q-30
239�
3 3 n
7��4�
5a3 lo''p; pe.
is
Whitmore Trail
unit 1
344 10" pipe
15 -V
5,160
738 10" pipe
15 v
11,070
456 10" pipe
15 ✓
6,840
1 10" G.V.
2800 ✓
2,800
1 10" cross
33 C>M
-239
-3 0
1 10" x 8" tee
330250
23a
33 0
1 10" x 10" tee
33 Ce"
239
330
Newport trail
unit 1
335 10" pipe
15
5,025
340 10" pipe
15
5,100
145 10" pipe
15 v
2,175
1 10" G.V.
ZS OO `230)
339
Z 000
1 10" x 8" tee
33 o -M
-2501-
J3Q
1 10" x 10" tee
-330 H
sm-
3 a
Eaglewood Trail
unit 1
180 10" pipe
15
2,700
1 10" G.V.
Z g d 0 -2-36'
Rao-
21800
$60-,585-00—
14; 8 06, 00
unit 2
Eaglewood Trail
152 10" pipe
16.5 v
2,508
324 10" pipe
16.5
5,346
108 10" pipe
16.5 ✓
1,782
2 10" Q.V.
1800 ✓
3,600
1 10" x 8" tee
150 ✓
150
$13,386.00 �
unit 3
Whitmore Trail
323 10" pipe
19
6,137
648 10" pipe
19-
12,312
2 10" G.V.
1875
3,750
1 10" x 8" tee
175
175
1 10" X 10" Tee
200
200
unit 3 Cobblestone Trail
544 10" pipe
19"
10,336
437 10" pipe
19 ,-
8,303
137 10" pipe
19-,
2,603
3 10" G.V.
1875 ✓
5,625
2 10" x 8" tee
175V
350
unit 4 Cobblestone Trail
720 10" pipe
88 10" pipe
1 10" G.V.
210"X8"tee
unit 4 Whitmore Trail
766 10" pipe
2 10" G.V.
2 10" x 8" tee
unti 5 Wedgewood Trail
938 10" pipe
1 10" G.V.
3 10" 90 Bend
unit 5 Blue Grass Trail
442 10" pipe
283 10" pipe
200. 10" pipe
2 10" G.V.
3 10" 90 Bend
unit 5 Eaglewood Trail ( extended)
370 10" pipe
2 10" G.V.
3 10"45 Bend
Total cost of water main improvements
$49,791.00 ✓
22 " 15,840
22 1,936
1150-, 1,150
0 2@p• 400- 4- 4-0
22 ✓
16,852
1150
2,300
Z = O $60
4W
38�9Sd.00
1875✓
1,875
13 0 -42&-
-V.&
3,90
t 28.
441e&
1 9213�
6T5�
51 3 7 7
1-51 23
4480
3) BD0
1875 "'
3,750
9
13 0 QS-
-
19 n, -8T&te
1875 V 3,750
125 ✓ 375
Sl-�s� oa
In the recapture area $2-24;4�99�9'
Amount appling for recapture $2-7—M—.50
22 g, �.s
3 s� 033
2
CITY OF MCHENRY, ILLINOIS
COSTS FOR OVERSIZING WATER MAINS
FOR AREAS NORTH, WEST AND SOUTH OF
BOONE CREEK SUBDIVISION
Main Feed
$1,990
$2,093
$4,083
1,2,3,4,5,6,7,8,9
$6,337
$2,789
$1,385
$2,352
$1,310
$14,173
9,10
$3,075
$3,136
$2,271
$2,417
$10,899
9,10,11
$2,531
$3,350
$5,881
Unit Cost
Tract #
1
$23.68
Tract #
2
$23.68
Tract #
3
$23.68
Tract #
4
$23.68
Tract #
5
$23.68
Tract #
6
$23.68
Tract #
7
$23.68
Tract #
8
$23.68
Tract #
9
$62.32
Tract #
10
$43.42
Tract #
11
$17.24
Area
159.87
143.50
15.97
16.00
8.00
8.00
15.98
15.98
366.29
50.13
55.22
854.94
749.59
854.94
749.59
416.42
471.64
Water Recapture Fee
$3,786
$3,399
$378
$379
$189
$189
$378
$378
$22,829
$2,176
$952
$35,033
Unit Cost
per Acre
$4.775774
$18.90767
$26.17309
$12.46820
$3,786.27
$3,398.57
$378.22
$378.94
$189.47
$189.47
$378.46
$378.46
$22,828.93
$2,176.50
$952.21
60F6
Exhibit "B"
(Description of Sanitary Sewer and Water Benefited Areas -copy is on file with the City
Clerk's Office)
EXHIBIT "B"
TRACTS INVOLVED IN BOONE CREEK SUBDIVISION
WATER RECAPTURE AGREEMENT
Tract #1
P.I.N.
Acreage
1
14-04-100-001
159.87
2
14-05-200-003
143.50
3
14-05-200-007
25.97
4
14-05-200-008
16.00
5
14-05-200-006
8.00
6
09-32-400-009
8.00
7
09-32-400-006
15.98
8
09-32-400-006
15.98
Shamrock Farms 9
14-05-100-005
90.00
" "
09-32-300-009
95.55
"4C09-32-400-004
79.92
" 4609-32-400-002
40.00
"4409-32-100-003
Partial 19.72
(99.98)
" "
09-32-100-007 Partial 41.00
(119.68)
" "
09-32-100-010
n/a
(19.25)
10
09-33-100-003
50.13
11
09-33-100-002
55.22
.4-m:
TRACTS INVOLVED IN BOONE CREEK SUBDIVISION
SANITARY SERER RECAPTURE AGREEMENT
TRACT 9
14-05-100-005
90.00
" "
09-32-300-009
95.55
" "
09-32-400-004
79.92
" "
09-32400-002
40.00
is'"
09-32-100-003
99.98
" is
09-32-100-007
119.68
TRACT 10
09-32-100-010
19.25
09-33-100-003
50.13
TRACT 11
09-33-100-002
55.22
2 of 2
' �.4/.ef L74� _._.
EXHIBIT " C"
v✓e-11 A P
71.1oa go.iq
IM I.. I O O D EEK�' 14•t,
k sv WN q � E�
10
c, ,• ?+,i .;� -.. aa;�.a J EST TES E
vuj
' h
A9 = SD.Z 17CM 7/
�,%US 14 %. ' -�L 6,9� _ d �'f, CLS Cfoc
�• p . j--- - q9� a� tstafean
II a.
4r•• , I mockOf
G /� 4 aic k :Q...:�rao I R. rusfNa ,t.�
. r
-CGr M IJ: Mb. f•? • /V•S7447 Z- L
r �r� , ,•:. ::,.,..r ooT v - oo9,b8 J,.�a Pr-o of /c.:
I4.t a O l 001
Bank 7t�vs°t• �vo �•' -010 �� McM-nr Shz
Na, 71 c l,� /e • ti y Mc n y
C h fjar,k, Trus k No. 044
•tc hb ''^ ti / k w-s, ,(F.,y, oil i= i
f3 %% q d O o02 �FOa I r BQCk/7at/S S aO A r.nx
eat',/ C ., p r c areG�!/nGil7 7
7v 3c.,
W 6w -00+} .. a-0079.92a7 at4
.Mass 9g5.55 •
QO `�
,00� � 6' : '.c,���/.�s•web' .' . �
A.
�OOcJ 904. I H. Jr •�,gi 00
E o ; �iQ;i /�Q1�r775 3-Z7cs'� Slie
up t 9D O /s9 7r'U
0 71 99101
t3 76,34e R /59.67
�° •
(34,67
rr
a iG,yB san
y�' 4 S ODL.E v (Q J"ti v p / Gordon' .'fRmcr.
' K
R __o '�0 go Trus)
. Ifa 6 s�`Qc '! l4tz�'%Bankaf'
` 009
• •04 �^ 001 OVC OV1
600ne Creel' LiW7 _7.3.9
' - � Col{' cl •94.73 :r CL
'• •r
•-o I3Cc.Co(v �, I dna 4.P r iV •1Ja�
c H
Helen
d - .k
Fl c•� C3anK Ti�/s�•
ov l l'p. +<n oo 001 VOL
f0n7e- • Dore shy Fri �`s ch
tonal � Y �
h�2� C7. s J• •Ga1sy`a irvs�; (F/rs>` American I
� s s � r_ 7"1U,5 cK `Trr1s s 3a/7 7-/ �s f No zs ¢off
�ra'� i . .? t'a I Fek«;• t I Kl CVo4 , �ondCU /OQ '�• I
�o R INTR E Trust c7crome W, r I
WA .1 � � V �I swear IQG�,S - ,,. •.. _ •_ n