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Resolution 1998-04 STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) RESOLUTION 1998-04 RESOLUTION DECLARING DETERMINATION AND INTENTION TO CREATE RECAPTURE CALCULATIONS FOR PUBLIC ROAD CONSTRUCTION FOR THE SOUTHWEST SIDE OF THE FOX RIVER WITHIN THE UNITED CITY OF YORKVILLE AND ALLOCATION OF THE COST THEREOF NOW COMES the City Council of the UNITED CITY OF YORKVILLE, a body politic of the County of Kendall, State of Illinois which does hereby upon Motion duly made, seconded and approved by majority vote resolve as follows: DETERMINATION OF PUBLIC INTEREST WHEREAS the City Council of THE UNITED CITY OF YORKVILLE and its Mayor have hereby made a preliminary determination that it was in the public interest, convenience, and necessity to extend a major collector street to be known as GREENBRIAR ROAD,which runs perpendicular to Illinois State Route 47, to be developed within the existing boundaries of the City, as well as to serve areas adjoining to and contiguous with the southerly and westerly City boundaries that are being annexed, and which will be annexed in the future; and that it intends to require as a condition of annexation and development of lands within the City and Southwest of the Fox River,that are sought to be annexed, recapture payments by those properties to be served by said City Collector Street. 7/09/97 Revised 7/10/97 1 Revised 4/08/98 SECTION 1: PLANS AND SPECIFICATIONS All of the work encompassed by this Recapture Resolution has been done and improvements constructed in the particular locations within the service area as set out in the service area shown in the drawing attached as Exhibit "A", which is incorporated herein and made a part hereof by reference. The initial proposed cost of the construction and associated improvements of Greenbriar Road, which will benefit the property to the South, and North of the subject development which gain access to Greenbriar Road was $292,000.00. Based on new requirements and engineering by the City of Yorkville,the cost of the Greenbriar Road improvement including its intersection with Illinois Route 47 is now $512,471.00. That the actual cost of the roadway for Greenbriar Road,which benefitted the property to the South, and North, which gain access to Greenbriar Road and which does not include any property which is already subject to a recapture agreement in the amount of$512,471.00. In order to provide for the recapture of those sums expended by or on behalf of THE UNITED CITY OF YORKVILLE for installation of the total public Greenbriar Road improvements, is the approximate sum of$512,471.00 which is being advanced entirely by the Developer of Greenbriar Subdivision, THE UNITED CITY OF YORKVILLE has passed this recapture Resolution. SECTION 2: RECAPTURE AMOUNT Any owner, developer,petitioner, or person entering into the annexation, zoning, or building permit application process with THE UNITED CITY OF YORKVILLE shall be required to pay and exhibit to the City Administrator a paid receipt for the recapture amount set out hereinafter in Section 1 of this Resolution prior to execution of any final Plat of Subdivision or building permit as the case 2 may be, in any of the areas described in Exhibit"A"; recapture ordinance as follows: A. Recapture for Greenbriar Road shall be allocated as follows: i. The owner of the parcel described in the attached Exhibit B-1 shall be responsible for 12.5%of the original cost estimate of$292,000.00 prior to City required changes and modifications to the roadway improvements. Said owner having already committed to this figure and granted easements based on this figure. (Inland Parcel) ii. The owner of the parcel described in the attached Exhibit B-2 likewise shall be responsible for 12.5%of the original cost estimate of$292,000.00 prior to City required changes and modifications to the roadway improvement, that sum being limited to$36,500.00. Said owner having already committed to this figure and granting easements based on this figure. (Morrissey Parcel) iii. The owner of the parcel described in Exhibit B-3 shall be required to reimburse developer for the sum of$36,500.00 which represents 25%of one- half of the cost of that portion of construction of Greenbriar Roadway from its intersection with Route 47 including Route 47 improvements to the West edge of the real property of A&R Trucking, the cost thereof having been certified by the City Administrator or City Engineer based upon actual costs incurred by the Developer in the construction of the same. (A & R Trucking Parcel). Said recapture may be imposed if any subdivision of the subject parcel is sought; of if any new driveways are connected to Greenbriar Road from said parcel. iv. Parcels to the West hooking up to Greenbriar Road shall be assessed the sum 3 of$1,000.00 per acre until said recapture is paid in full, based on the cost figure of$512,471.00[as described in the Service Area set out in Exhibit"C"]. B. For Greenbriar roadway re-capture the sum of$1,000.00 per acre of benefitted land, [as set out in the attached Exhibit"A"incorporated herein by reference] shall be paid to the Developer of Greenbriar Subdivision until the amount of recapture is paid in full; or until the expiration of this agreement, whichever occurs first. The amount of Recapture being assessed to the real property to the West shall be calculated on the actual cost of$512,471.00. SECTION 3: DURATION The duration of this shall expire twenty(20)years from the date of this Resolution. SECTION 4: DISCLAIMER A. In the event a parcel of real property located within the recapture area set out in Exhibit"A"is not able to be served by the Greenbriar Road or the extension, or future expansions thereof, then and in that event THE UNITED CITY OF YORKVILLE shall not charge recapture. B. In the event real property outside the service area as set out in Exhibit"A" is in fact serviced by the extension of Greenbriar Road, the recapture amounts set out herein shall be imposed in accordance with this Ordinance. C. Developer hereby agrees to hold the United City of Yorkville harmless and to indemnify it from any liability as a result of the imposition of said recapture 4 PASSED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE THIS DAY OF April , 1998. Dated: ATTEST: O'ALk� CITY CLERK Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 5