Loading...
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