HomeMy WebLinkAboutOrdinances - ORD-10-1509 - 07/19/2010 - AUTHORIZE RECAPTURE AGMT ECKSTEIN 1910 N ORCHARD DORDINANCE NO. ORD-10-1509
AN ORDINANCE AUTHORIZING THE EXECUTION OF A. RECAPTURE
AGREEMENT BETWEEN MICHAEL AND ANN ECKSTEIN AND THE CITY
OF MCHENRY FOR INSTALLATION OF SANITARY SEWER MAIN TO THE
PROPERTY LOCATED AT 1910 NORTH ORCHARD DRIVE
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule
municipality as contemplated under Article VII, Section 6, of the Constitution of the
State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's
home rule powers and functions as granted in the Constitution of the State of Illinois.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF MCHENRY, as follows:
SECTION 1: The Mayor and City Council of the City of McHenry find that a
Recapture Agreement drafted pursuant to the terms of Ordinance No. ORD-10-1498, the
First Amendment to the Pre -Annexation Agreement between the City of McHenry and
Michael and Ann Eckstein for their property located at 1910 North Orchard Beach Drive
is in the best interest of the City.
SECTION 2: The Mayor and City Clerk are hereby authorized to execute a
Recapture Agreement (attached hereto as Exhibit A, and made a part hereof), and that the
City Clerk is hereby directed to record said executed Agreement. with the McHenry
County Recorder of Deeds as required by State Statute.
SECTION 3: All ordinances, or parts thereof, in conflict with the terms and
provisions hereof, be and the same are hereby repealed to the extent of such conflict.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, Illinois.
SECTION 5: This ordinance shall be in full force and effect from and after its
passage, approval and publication, as provided by law.
PASSED and APPROVED this 19`h day of July, 2010
Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: Glab.
Not Voting: None.
Abstained: None.
Absent: None.
Mayor
ATTEST:
City Clk \ �1
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Eckstein Reimbursement Agreement
This Agreement authorizing reimbursement for construction of improvements beneficial to the
public is entered into this 191h day of July, 2010 ("Agreement") by and between the City of McHenry, a
Municipal Corporation, in the County of McHenry, State of Illinois (hereafter referred to as "City") and
Michael and Ann Eckstein (hereafter referred to "Property Owners").
Recitals
Whereas the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
execution of this agreement constitutes an exercise of the City's home rule powers and functions
as granted in the Constitution of the State of Illinois; and
Whereas, Property Owners are the owners of record of real estate legally described as follows:
Lots 57 and 58 in Orchard Beach being a L Howe S Subdivision of part of the south half of
Section 24 and the Northwest quarter of Section 25, all in Township 45 North, Range 8 East of
the third principal meridian, according to the plat thereof recorded April 14, 1894 as Document
No 12452 in Book 1 of Plats, page 50, in McHenry County, Illinois.
PINS: 09-25-102-018 and 09-25-102-019 ("Eckstein Parcel"); and
Whereas, Property Owners previously constructed and installed the following public utility
improvements: 3211 linear feet of 8" sanitary sewer main north along Orchard Beach Road along with two
manholes to service up to five residences ("Improvements");
Whereas, the Improvements constitute valuable and substantial improvements benefiting not only
the Eckstein Parcel, but also adjacent properties legally described as follows:
Lots 52, 53, 54, 55, and 56 in Orchard Beach being a L Howe S Subdivision of part of the south
half of Section 24 and the Northwest quarter of Section 25, all in Township 45 North, Range 8
East of the third principal meridian, according to the plat thereof recorded April 14, 1894 as
Document No 12452 in Book 1 of Plats, page 50, in McHenry County, Illinois.
("Benefitted Properties").
Now, therefore, in consideration of the mutual promises and agreements set forth herein, the
parties hereto agree as follows:
1. The costs paid by the Property Owners of the Improvements and approved by the City
total $29,010.8 ("Certified Costs").
2. The Certified Costs of the Improvements shall be allocated on a pro-rata lineal foot basis
between the Eckstein Parcel and the Benefitted Properties as follows:
Lots
Owner
PIN
Lineal Feet
Cost Per
Reimbursement
Lineal Foot
Fee
52 &
Larry & Su -Ann Guerzon
09-25-102-013
56 Lineal Feet
$90.6588
$5,076.89
53
1920 N. Orchard Beach
(Combined PIN for lots 52
Rd.
and 53)
54
Michael & Nancy
09-25-102-015
66 Lineal Feet
$90.6588
$5,983.48
Connor
1918 N. Orchard Beach
Rd.
55
Will Higgins
09-25-102-016
66 Lineal Feet
$90.6588
$5,983.48
1916 N. Orchard Beach
Rd.
56
Sean & Colleen Battles
09-25-102-017
66 Lineal Feet
$90.6588
$5,983.48
1914 N. Orchard Beach
Rd.
57 &
Michael & Ann Eckstein
09-25-102-018 &
66 Lineal Feet
$90.6588
$5,983.48
58
1910 N. Orchard Beach
09-25-102-019
Rd.
The Property Owners shall have the right to be reimbursed for a portion of the Certified Costs incurred, as
allocated above., ($23,027.32) through the collection of the Reimbursement Fee referenced above from the
owners of the Benefitted Property upon connection of improvements located on their land to the
Improvements. The owners of the Benefitted Property seeking to connect to the Improvements shall be
required to pay the Reimbursement Fee, plus simple interest calculated at a rate of five percent (5%) per
annum computed from the date that the Improvements were accepted by the! City, June 7, 2010, until the
earlier of the date of payment of the Reimbursement Fee or ten (10) years after the date of this
Agreement; plus a collection charge payable to the City of three percent (3°,o) of the Reimbursement Fee.
The Reimbursement Fee shall be paid by the owner of the Benefitted Property seeking to connect to the
Improvements upon the connection of that Benefiting Property to the Improvements.
3. The right to receive the Reimbursement Fee, plus any interest thereon or other amounts
authorized under this Agreement, as well as all other rights, responsibilities, and remedies under this
Agreement are the personal rights, responsibilities, and remedies of the Property Owners and shall not run
with the ownership of the Eckstein Parcel.
4. If such Benefitted Property Owners fail or refuse to pay the; Reimbursement Fee when
due, the Property Owners shall have the right to enforce all rights allowed under Illinois law to secure
payment.
5. The term of this Agreement shall be twenty (20) years fronn the date of this Agreement.
6. The City shall use its best efforts to collect the Reimbursement Fee from the Benefitted
Property Owners, however, shall not be obligated to bring any suit to enforce the collection of same, nor
shall the City or any of its officials be liable to the Property Owners or their successors or assigns in any
manner for failure to make such collections. Property Owners hereby agree to defend, indemnify and
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hold harmless the City, its elected officials and employees for any and all lawsuits, damages, attorney fees
incurred relating in any way to this Agreement.
Any amendment to this Agreement shall be in writing.
8. Any notice to be given or served hereunder or under any document or instrument
executed pursuant hereto shall be in writing and shall be: delivered by United States first class pre -paid
postage. All notices shall be addressed to the parties at their respective addresses:
To the City: City of McHenry
City Clerk's Office
333 South Green Street
McHenry, IL 60050
To Property Owners: Michael and Ann Eckstein
1910 Orchard Beach Road
McHenry, IL 60050
9. In the event a court of competent jurisdiction determines by final order that the amount of
the fees or interest payable hereunder exceeds the amount that may be reimbursed by the Property
Owners under applicable law, then such amount shall be automatically reduced to such amount as the
court then determines would conform to such requirements of the law so that the provision establishing
the fees and interest payable may be given force and effect. The parties agree all actions instituted to
enforce this Agreement shall be commenced and heard in the 22od Judicial Circuit Court of McHenry
County, Illinois.
Approved this 19th day of July_, 2010
Property Owners
By:
ieh l Eckstei
By:
Ann Eckstein
City of McHenry
By: L�
Mayor
Attest:
City C1 rk
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