HomeMy WebLinkAboutOrdinances - ORD-04-1210 - 06/14/2004 - AUTHORIZE RECAPTURE AGMT SCHOOL DIST 15 SAN SEWERORDINANCE NO. ORD-04-1210
AN ORDINANCE AUTHORIZING THE EXECUTION OF A RECAPTURE
AGREEMENT WITH MCHENRY ELEMENTARY SCHOOL DISTRICT #15 FOR THE
SANITARY SEWER AND WATER IMPROVEMENTS ASSOCIATED WITH THE
DEVELOPMENT OF AN APPROXIMATELY 39 ACRE PROPERTY LOCATED AT
THE NORTHWEST CORENR OF LINCOLN AND CHAPEL HILL ROADS
IN THE CITY OF MCHENRY, ILLINOIS
WHEREAS, McHenry Elementary School District #15 ("OWNER") is the developer of the
approximately thirty-nine (39) acres, which are located at the northwest corner of Chapel Hill and
Lincoln Roads and commonly known as McHenry Middle School, in the City ofMcHenry, Illinois;
and
WHEREAS, the OWNER constructed sanitary sewer and water improvements upon the
understanding that the City of McHenry, an Illinois Municipal Corporation ("CITY") would provide
by appropriate agreement to recapture an equitable portion of the cost thereof from other lands which
will benefit therefrom; and
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 June 14, 2004 between the
CITY and the OWNER, be and the same is hereby approved. A complete and accurate copy of said
Recapture Agreement, labeled "McHenry Elementary School District #15 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are hereby repealed to the extent of such conflict.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.
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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
AYES:
14TH DAY OF JUNE , 2004
BOLGER, GLAB, LOW, WIMMER, PETERSON, CONDON.
NAYS: NONE
ABSTAINED: NONE
ABSENT: MURGATROYD
NOT VOTING: NONE
APPROVED THIS 14TH DAY OF JUNE , 2004
ATTEST:
C 7ETRK () k-11
jt" e � c,r
YOR
3
MCHENRY ELEMENTARY SCHOOL DISTRICT #15
SANITARY SEWER AND WATER RECAPTURE AGREEMENT
This Agreement is made at McHenry, Illinois, as of this 14t' day of June, 2004, between the
CITY OF MCHENRY, ILLINOIS, an Illinois municipal corporation (the "CITY") and MCHENRY
ELEMENTARY SCHOOL DISTRICT #15, an Illinois corporation (the "OWNER").
WHEREAS, the OWNER is the developer of an approximately thirty-nine (39) acre
property at the northwest corner of Chapel Hill Road and Lincoln Road (the "SUBJECT
PROPERTY"); and
WHEREAS, the SUBJECT PROPERTY was not served by a municipal sanitary sewer
or water system prior to annexation to the CITY and the CITY requested the OWNER to
provide oversized municipal water and sanitary sewer system improvements; 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 or
water system to serve the SUBJECT PROPERTY 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 OWNER has constructed oversized municipal sanitary sewer and
water improvements (the "MUNICIPAL IMPROVEMENTS") that will benefit not only the
SUBJECT PROPERTY but also other properties being or to be developed in the relevant
service areas for such utilities; and
WHEREAS, the OWNER and the CITY previously entered into a written Annexation
Agreement dated 1/16/.2001 ' whereby the CITY agreed, upon completion of said
MUNICIPAL IMPROVEMENTS to enter into a recapture agreement with the OWNER for the
oversizing of said MUNICIPAL IMPROVEMENTS.
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 order to effect a fair and equitable allocation of the entire cost of the
OWNER'S water and sewer extensions between the OWNER and others who might be
benefited in the future, it is hereby determined that the OWNER installed sanitary sewer and
water improvements and shall be entitled to recover the aggregate principal sum of
$22,103.80 ($358.13/acre) from the Said Sanitary Sewer and Water Benefited Areas, as
described on Exhibit "A" attached hereto and incorporated herein by reference. Said
aggregate prind-' arum includes: $3,572.80 as for sanitary sewer improvements, $15,531
as for water improvements, $1,500 for legal fees for water and sewer and water main
recapture and $1,500 for engineering plan modification/coordination for oversizing. Interest
on the unpaid balance shall be applied thereof at a rate of nine (9%) per annum,
compounded from the execution of this Agreement (June 14, 2004) not to exceed ten (10)
years from the date of this Agreement (June 14, 2014) from the Sanitary Sewer and Water
Benefited Areas. The sum collected shall be paid to the OWNER after deduction of two
percent (2%) for administrative charges due to the CITY.
SECTION 2: Said Sanitary Sewer and Water Benefited Areas are depicted on Exhibit
"which is a map of said Areas attached hereto and incorporated herein by reference.
SECTION 3: The CITY shall not issue any sewer or water connection permits to the
developers of said benefited areas until the Benefited Property owners 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 the OWNER if the CITY is, for
any reason, unable to collect said costs. The CITY'S liability to reimburse the OWNER shall
be limited to payment from funds actually collected from the Benefited Property owners. The
OWNER shall reimburse and indemnify the CITY for all costs, engineering and attorney's
fees and. liability incurred by the City with regard to the drafting and implementation of this
Agreement or defense thereof.
SECTION 5: This Agreement between the OWNER 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: This Agreement terminates upon the earlier of the expiration of this
Agreement (June 14, 2014) or upon reimbursement having been fully paid by the benefited
property owners referenced herein.
SECTION 7: 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 8: This Agreement shall be valid and binding for twenty (10) years from
the date of its execution.
WHEREFORE, the parties hereto have set their hands this 16th day of June ,
2004.
CITY OF MCHENRY
BY: Le
usan E. Low, Mayor
ATTEST:
Jani a C. ones, Ci erk
SCHOOL OWNER #15
ATTEST:
.. •
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CITY OF MCHENRY, ILLINOIS
SCHOOL DISTRICT 15
RECAPTURE AREA
Parc I Number Area
South of Lincoln Rd.
(acres)
Parcel Numbe
North of Lincoln Rd.
Area (acresl
09-25-200-003
0.94
as 0 0
09-25-326-011 '�
7.59
09-25-200-004
2.17
0 tog
09-25-401-008
6.01
09-25-200-005
0.49
d W
09-25-200-006
0.49
09-25-401-002
0.25
09-25-200-007
0.62
09-25.401-003
0.24
09-25-200-018
18.90
09-25-401-004
0.30
09-25-200-012
5.06
09-25-402-001
0.30
09-25-200-015
2.00
09-25-402-002
0.24
09.25-200-016
3.06
09-25-402-003
0.24
09.25-200-017
5.06
09-25-402-004
0.24
09-26-402-005
0.24
Subtotal
38.79
$
09-25-402-006
0.24
cca
09-25.402-007
0.24
09-25-402-008
0.24
09-25-402-009
0.24
09-25-402-010
0.24
w
09-25-402.011
0.24
09-25-402-012
0.24
09-25-402-013
0.24
09-25-402-014
0.24
09.25-402-015
0.24
09-25-402-016
0.24
09-25.402-017
0.27
oo
09-25-428-001
0.28
Me
a
09,25-428.005
4.09
w
Subtotal
22.93
Total Recapture Area (acres)
61.72
B A X T E R
Wca MAN
Cnue6i iq £nrnnrt
Exhibit A - 1
PIN
SIZE
LEGAL
09-25-326-011
7.59 AC
SEC 25-45-8; E121.08 NU5/6NE'/a SW'/a &
DR643P67&612 P315 & 650P235
09-25-401-008
6.01 AC
SEC 25-45-8; W238.92N1095.6 NW'/a SE'/a
DR643P 67&612P315&650P235
09-25-401-002
.25 AC
EASTWOOD MANOR U#4 Ll B4
09-25-401-003
.24 AC
EASTWOOD MANOR U#4 L2 B4
09-25-401-004
.30 AC
EASTWOOD MANOR U#4 L3 B4
09-25-402-001
.30 AC
EASTWOOD MANOR U#4 Ll B3
09-25-402-002
.24 AC
EASTWOOD MANOR U#4 L2 B3
09-25-402-003
.24 AC
EASTWOOD MANOR U#4 L3 B3
09-25-402-004
.24 AC
EASTWOOD MANOR U#4 L4 B3
09-25-402-005
.24 AC
EASTWOOD MANOR U#4 L5 B3
09-25-402-006
.24 AC
EASTWOOD MANOR U#4 L6 B3
09-25-402-007
.24 AC
EASTWOOD MANOR U#4 L7 B3
09-25-402-008
.24AC
EASTWOOD MANOR U#4 L8 B3
09-25-402-009
24 AC
EASTWOOD MANOR U#4 L9 B3
09-25-402-010
.24 AC
EASTWOOD MANOR U#4 L10 B3
09-25-402-011
.24 AC
EASTWOOD MANOR U#4 L11 B3
09-25-402-012
.24 AC
EASTWOOD MANOR U#4 L12 B3
09-25-402-013
.24 AC
EASTWOOD MANOR U#4 L13 B3
09-25-402-014
.24 AC
EASTWOOD MANOR U#4 L14 B3
09-25-402-015
.24 AC
EASTWOOD MANOR U#4 L15 B3
09-25-402-016
.24 AC
EASTWOOD MANOR U#4 L16 B3
09-25-402-017 .27 AC
EASTWOOD MANOR U#4 L17 B3
09-25-428-001 .28 AC
EASTWOOD MANOR U#3 L1 Bl
09-25-428-005 4.09 AC
EASTWOOD MANOR U#3 L5 B I
09-25-200-003 .94 AC
SEC 25-45-8/EE SLY 250FT/;SLY40RDS S'/2 NE
t/4
09-25-200-004 2.17 AC
SEC 25-45-8;PT S '/z W '/2 W '/2 SW '/4 NE '/4
09-25-200-005 .49 AC
SEC 25-45-8;PT SW '/4 SW '/4 NE'/4
09-25-200-006 .49 AC
SEC 25-45-8; 774515
09-25-200-007 .62 AC
SEC 25-45-8;EX S40'FOR;
RD/E 130' W330' S250'NE '/4
09-25-200-012 5.06 AC
SEC 25-45-8;E 172FT W976FT;S '/z NE 1/4
09-25-200-015 2.00 AC
SEC 25-45-8;N506.51' E172';W1148' S'/z NE'/4
09-25-200-016 3.06 AC
SEC 25-45-8; E660' W 132'; S '/z NE 1/4
09-25-200-017 5.06 AC
SEC 25-45-8; PARI E 172'; 1320'S'/z NE'/4
09-25-200-017 18.90 AC
WEST 8-4.0 FEET OF THE SOUTH HALF OF
THE NORTHEAST QUARTER OF SECTION 25,
TOWNSHIP 45 NORTH, RANGE 8, EAST OF
THE THIRD PRINCIPAL MERIDIAN, EXCEPT
THE SOUTH 660.0 FEET OF THE WEST 330.0
FEET THEREOF, AND EXCEPT THAT PART
CONVEYED TO THE TOWNSHIP OF
MCHENRY, BY DEED RECORDED
SEPTEMBER 23, 1963 AS DOCUMENT NO
420086 IN MCHENRY COUNTY ILLINOIS