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Ordinance 2000-05 IL heggrdJ February 22, 2000 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO..?,0M-S RECAPTURE ORDINANCE PRORATING THE COST OF CONSTRUCTION OF OVERSIZING WATER AND SANITARY SEWER LINES BENEFITTING PROPERTY IN THE UNITED CITY OF YORKVILLE (WALKER CUSTOM HOMES, INC. - ROUTE 47) WHEREAS, The UNITED CITY OF YORKVILLE ("CITY") has duly considered the passage of a Recapture Ordinance for the benefit of WALKER CUSTOM HOMES, INC. - ROUTE 47 ("DEVELOPER") for Storm Sewer Improvements; and WHEREAS, DEVELOPER, as Owner and Developer, has heretofore developed a parcel of real estate consisting of approximately 7.765 acres, gross, (5.718 acres net of roadway), situated on Illinois State Route No. 47 at or about the intersection thereof with Countryside Parkway in the UNITED CITY OF YORKVILLE of Yorkville, Kendall County, Illinois, which said parcel of real estate is legally described and depicted on the Plat of Survey attached hereto and made a part hereof; and WHEREAS, DEVELOPER has developed said real estate as a commercial development pursuant to permits issued by the CITY; and WHEREAS, the CITY determined, upon advise and recommendation of its engineers, that it was in the best interest of the CITY that the WATER MAINS and SANITARY SEWER LINES AND MAINS by designed, constructed, and routed in such manner as to be capable of serving a larger area of land,part of which is presently 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 the then existing law and pursuant to such action as the corporate authorities, in their discretion, may wish to take from time to time; and -1- WHEREAS, the DEVELOPER offered to construct and oversize the WATER MAINS and SANITARY SEWER LINES AND MAINS upon the understanding that the CITY would provide by appropriate Ordinance and on the basis of a written recapture agreement and after public hearing the right of DEVELOPER to recapture an equitable portion of the costs thereof from other lands to benefit therefrom upon connection thereto to the DEVELOPER's extensions, whichever first occur; and WHEREAS, the UNITED CITY OF YORKVILLE has created maps identifying the service areas which are benefitted respectively by the water main improvements and sanitary sewer improvements, each of which are attached hereto and incorporated herein as Exhibit "A"; and NOW, THEREFORE, be it ordained by the Mayor and City Council of the CITY, upon motion dully made, seconded, and approved by a majority of those so voting as follows: 1) The DEVELOPER, at the sole cost and expense of the DEVELOPER, subject to recapture as herein provided, has constructed the improvements as provided in final Engineering Plans which were provided by the DEVELOPER as prepared by the DEVELOPER's Engineer and approved by the CITY's Engineer, in the sizes, specifications, and in the manner set forth in the final Engineering Plans. The CITY has or will accept those improvements upon completion and in conformity with the CITY's Subdivision Ordinance and all other applicable Ordinances and regulations of the CITY. The DEVELOPER, at the sole cost and expense of the DEVELOPER, has obtained all necessary permits and approvals and shall maintain said improvements, at DEVELOPER's costs, until CITY acceptance thereof. 2) The CITY does hereby enact and pass this Ordinance for the recoupment and reimbursement to the DEVELOPER, for the proportionate share which benefits lands other than DEVELOPER for the portion of the costs of such improvements, including interest, constructed and installed by the DEVELOPER, which proportion of the costs of such improvements has been incurred by the DEVELOPER for the benefit of land other than the land of the DEVELOPER. The DEVELOPER and the CITY agree to the amount of recoupment and reimbursement which includes the costs incurred by the DEVELOPER to oversize the WATER MAINS and SANITARY SEWER LINES AND MAINS in order to benefit land other than the land of the DEVELOPER. The cost of the construction of the improvements is identified on Exhibit`B",which includes,without limitation, cost of easements and rights of way, and all legal and engineering fees and expenses, and the costs of all labor and material for the installation of the improvements all as determined by and as agreed upon by and among the DEVELOPER's Engineer and the CITY. The interest rate to be paid is 8%per -2- annum, which shall be computed from July 1, 1996, to the date of payment. All fees, expenses and interest referred to in this paragraph are hereinafter referred to as "RECAPTURE EXPENSES". 3) In accordance with the understanding of the parties and in order to effect a fair and equitable allocation of the entire costs incurred by the DEVELOPER in the engineering and installation of the WATER MAINS and SANITARY SEWER LINES AND MAINS it is hereby determined that the DEVELOPER shall be entitled to recover the sums as provided in this Agreement, from the person or persons from time to time owning the benefitted areas identified in the maps and the schedule entitled `BENEFITTED PROPERTY" attached hereto as Exhibit "A", but said recovery by the DEVELOPER shall be only from the proceeds of recapture fees actually collected from time to time from the BENEFITTED PROPERTY as herein provided. 4) A) Before the areas benefitted by the utility extensions herein described, or any part thereof, shall be connected directly or indirectly to the Utility Extensions, the applicant for connection shall pay to the City Treasurer the prescribed Recapture Expenses for each acre, as determined pursuant to this Agreement, and specified on Exhibit"A", to be annexed and/or connected for the use, benefit and purposes herein specified, together with the prescribed interest. The City Treasurer shall pay over to the DEVELOPER, within fourteen(14)business days of receipt thereof, all Recapture Expenses and Interest Charges received by the City Treasurer on account of this Agreement. It is understood and agreed that the CITY's obligation to reimburse the DEVELOPER shall be limited to funds collected from such Recapture Expenses from land located within the benefitted area. B) For purposes of determining when the payment of Recapture by a property owner or developer in the benefitted area or outside the benefitted area when hook-up is made to the improvements completed by developer hereunder, the following determination and agreement shall be enforced by the UNITED CITY OF YORKVILLE: i) That upon a Final Plat of Subdivision being recorded for acreage within the benefitted area, the Recapture is triggered for all acreage developed within that Final Plat of Subdivision and shall be deemed to be a"connection" for purposes of being required to pay the amount set forth in this Ordinance; or -3- In the event an owner of acreage within the benefitted area, or outside the benefitted area, takes out a building permit the same shall be treated as a"connection"under the terms of this Ordinance, and shall trigger payment of the Recapture cost for the building lot for which the building permit has been applied for regardless of whether a Plat of Subdivision has been approved. The amount of payment in the case of a building permit on an area of land for which no Subdivision Plat has been approved and recorded shall be the acreage totally contained in said building lot. 5) Upon the installation and construction of the aforesaid improvements by the DEVELOPER and subsequent final approval by the CITY of such installation, the DEVELOPER shall dedicate such improvements to the CITY and shall convey the same to the CITY by appropriate Bill of Sale and shall grant all necessary easements to the CITY for the improvements so constructed and approved, which easements, if any, shall allow the CITY access to, expansion of, reconstruction of, maintenance of, and extension of the improvements herein described. 6) In the event real property that is developed within the jurisdiction of the UNITED CITY OF YORKVILLE,but outside of either map areas benefits from either water or sewer connections to the subject utilities installed at the expense of DEVELOPER, the amounts per acre being charged for water improvements or sanitary sewer improvements shall be assessed against said acreages even though they are outside of the estimated map areas benefitting from such improvements. 7) Nothing herein shall limit or restrict or in any way affect the rights of the CITY to collect other fees and charges pursuant to CITY ordinances, resolutions, motions or policies, including, but not limited to water connection and sewer connection fees and charges, it being expressly understood and agreed by and between the parties hereto that the recapture fees provided for herein are in addition to any other CITY fees and charges. 8) INTER-RELATIONSHIP OF RECAPTURE AGREEMENT WITH "HOLDIMAN"ANNEXATION AGREEMENT AND "HOLDIMAN-WALKER PURCHASE AGREEMENT": A) The DEVELOPER and the CITY acknowledge that on the 22"d day of July 1993, the CITY entered into an Annexation Agreement with Clarence Holdiman, Sandra Holdiman, Sharon Bazan, Brian Holdiman and Beth Holdiman, for the annexation and zoning of the "Holdiman Real Estate", portions of which real estate are included in the `Benefitted Property" described in this Agreement. Said Agreement at Paragraph 2(b)provides, -4- in pertinent part, that the CITY shall not allow any developer or other party to charge Petitioner-Owner, or their successors, heirs, and assigns, for recapture in order to hook up to a water or sewer main extension. B) The CITY and the DEVELOPER furthermore acknowledge and agree that pursuant to the Real Estate Sales Contract whereby DEVELOPER acquired title to its 7.765 acre parcel of real estate, as to Walker Custom Homes, Inc., the DEVELOPER, said restriction and prohibition applies only to the imposition of any recapture fees for water and sewer as to the Sellers, only, that is as to Clarence Holdiman, Sandra Holdiman, Sharon Bazan, Brian Holdiman and Beth Holdiman, and their heirs, executors, and administrators, and that future owners and/or developers of the real estate owned by the Holdimans shall be subject to the recapture fees imposed pursuant to the terms and provisions of this Agreement. 9) This Agreement shall be effective for a period of 20 years commencing with the approval of said recapture rights on July 1, 1996. EXECUTED by the Mayor and City Clerk of the UNITED CITY OF YORKVILLE pursuant to authority granted by the City Council. BURTON CALLMER U DAVE DOCKSTADER RICHARD STICKA MIKE ANDERSON VALERIE BURD ROSE SPEARS LARRY KOT THOMAS SOWINSKI APPROVED by me, as ayor of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 20_Q. MAYOR -5- PASSED by the City Co 7, A.D. 20_0.the United City of Yorkville, Kendall County, Illinois this ay of Attest: CITY CLERK f Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -6- t-tat or Surveyof • Aart of the Northwest Quarl,-lr of Section 28-37-7 Yorkville Kendall unty Illinois COUn��yside fi shy g6 N e ores goads) 7 7 65 Excluding 5 Acres h la 718 f"= /oo' I O ip I 3 9 e l ni I 303.34' 597.4T may,,• v '^n�`.�' State of Illinois :SS County of Kendall: This is to certify that we,James M.Olson Associates, Illinois Professional Land Surveyors have surveyed that part of the Northwest Quarter of Section 28, Township 37 North,Range 7 East of the Third Principal Meridian described as follows: Beginning at the Northwest Corner of Hatcher Commercial Development, Yorkville,Kendall County,Illinois,being a point in the centerline of Illinois State Route No.47;thence North 06'11'23"East along said center line 543.66 feet;thence easterly at right angles to said centerline,631.93 feet;thence southerly along a line which forms an angle of 88'2636"with the last described course,measured counter-clockwise therefrom,557.68 feet to the North line ofsaid Hatcher Commercial Development extended easterly,•thence westerly along said extended North line and said North line,597.47 feet to the point of beginning in the United City of the Village of Yorkville, Kendall County,Illinois and containing 7.765 ares as shown by the plat hereon drawn which is a correct representation of said survey. Dated at Yorkville, Illinois June 16, 1995. James M. Olson Illinois Professional Land Surveyor No.2253 James M. Olson Associates,Ltd. 107 West Madison Street Yorkville, Illinois 60560 (708)553-0050 Worker No.5719-B Pla picting Area Subject To Sanitary Se l8, Watermain Recapture Fef- (Part of Sections 21&28-37-7 Yorkville Kendall County Illinois) I Line center 1648.63 1529.83' /03.68' N I 'L ti /"= 300' I ti o � V \ ^J A of H m V 9y035. 7 N I562.63' pd�t''tcn �� co h 564./0' T "'Pr'O v� I /630.55' Prepared By: James M.Olson Associates,Ltd. 107 West Madison Street Yorkville,Illinois 60560 (630)553-0050 January 15, 1997 WO/Rep Nn onto a • Exhibit"A" BENEFITTED PROPERTY Legal Descriptions for Club 47 Tract subject to Storm Sewer recapture That part of the South Half of Section 21 and part of the North Half of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Beginning at the intersection of the present center line of Illinois State Route No. 47 with the center line extended westerly of Kennedy Road; thence easterly along said extended center line and said center line of Kennedy Road 1648.63 feet; thence southerly along a line which forms an angle of 70°08'41" with the last described course, measured counter-clockwise therefrom, 2128.69 feet; thence easterly along a line which forms an angle of 89°47'28" with the last described course, measured clockwise therefrom, 990.35 feet; thence southerly along a line which forms an angle of 89°38'34" with the last described course, measured counter-clockwise therefrom, 1515.36 feet; thence southerly along a line which forms and angle of 180°01'49" with the last described course, measured clockwise therefrom, 592.0 feet; thence southerly along a line which forms an angle of 184°09'33" with the last described course, measured counter- clockwise therefrom, 18.28 feet to the northerly right of way line of U.S. Route No. 34; thence westerly along said northerly right-of-way line 719.84 feet; thence northerly at right angles to the last described course 20.0 feet; thence westerly along said northerly right-of-way line, 400.0 feet to an angle point in said northerly line; thence westerly along said northerly line 200.24 feet to an angle point in said northerly line; thence westerly along said northerly line 168.36 feet to a line drawn North 05'07'52" East from a point on the center line of said Route No. 34 which is 538.21 feet easterly of the East right-of-way line of said Route 47; thence North 05'07'52" East 584.78 feet to the Northeast corner of Countryside Center,Unit no. Five, Yorkville, Kendall County, Illinois; thence westerly along the North line of said Unit No. Five, a distance of 77.92 feet to the southeast Corner of Hatcher Commercial Development; thence northerly along the East Line of said Subdivision 458.96 feet to the Northeast corner thereof; thence westerly along the North line of said tract 5 84.10 feet to said Route 47 center line; thence northerly along said Route 47 center line 2819.91 feet to the point of beginning (excepting therefrom that part thereof conveyed to the State of Illinois by a Warranty Deed recorded February 25, 1991 as Document No. 911035 and excepting that part thereof lying within Parkway Addition, Yorkville, Kendall County, Illinois and excepting that part thereof lying within Kennedy Road) in the City of Yorkville and Bristol Township, Kendall County, Illinois and containing 149.957 acres. Exhibit"B" WATER MAIN AND SANITARY SEWER LINES AND MAINS RECAPTURE EXPENSES TOTAL COSTS OF WATER MAIN OVERSIZING TO BENEFIT ADJACENT PROPERTIES: A. Water Main Engineering (Total): $ 2,200.00 B. Water Main Oversizing and Extension(Total): $ 49,133.00 C. Less: Developer's Share for 5.718 acres: $(27,000.00) TOTAL COST OF WATER MAIN OVERSIZING: $ 24,333.00 Total area benefitted, exclusive of Developer's real estate,per Exhibit"A": 129.047 acres Per acre recapture for Water Mains: $ 188.00 TOTAL COSTS OF SANITARY SEWER MAINS AND LINES OVERSIZING TO BENEFIT ADJACENT PROPERTIES: A. Engineering (Oversizing only): $ 2,000.00 B. Construction and related costs (Over-sizing only): $ 13,263.00 TOTAL COST OF SEWER OVERSIZING: $ 15,263.00 Total area benefitted, exclusive of Developer's real estate, V per Exhibit "A": 129.047 acres Per acre recapture for Sanitary Sewer Mains and Lines: $ 118.00 Y Vs OUq F UNITED CITY of YORKVILLE \�9 County Seat of Kendall County K - _ 800 Game Farm Rd. Yorkville, IL 60560 E 630-553-4350 May 8, 2000 Sandy Marker United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 Re: Walker Custom Homes Dear Sandy: Enclosed please find the originally executed and recorded documents: 1) Ordinance No. 2000-5 -Recapture Ordinance Prorating the Cost of Construction of Oversizing Water and Sanitary Sewer Lines Benefitting Property in the United City of Yorkville (Walker Custom Homes, Inc. - Route 47) 2) United City of Yorkville Recapture Agreement Water and Sanitary Sewer (Walker Custom Homes, Inc. - Route 47) 3) Ordinance No. 2000-6 - Recapture Ordinance Prorating the Cost of Construction of Oversizing Storm Sewer Lines Benefitting Property in the United City of Yorkville (Walker Custom Homes, Inc. - Route 47) 4) United City of Yorkville Recapture Agreement Storm Sewer(Walker Custom Homes, Inc. - Route 47) Please file these documents in the City's files. Should you have any questions, please feel free to call my office. Very t y yours, Daniel J. Kramer Attorney at Law DJK/lgc Encl. cc Attorney Tom Grant i /' rJ HVXnderson;��en9aij �ounry, IL Recorder February 22, 2000 STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) UNITED CITY OF YORKVILLE RECAPTURE AGREEMENT WATER AND SANITARY SEWER ,(WALKER CUSTOM HOMES, INC. - ROUTE 47) THIS AGREEMENT is made and entered into this day of A Vjjt , 2000, by and between WALKER CUSTOM HOMES, INC., (hereinafter referred to as "DEVELOPER") and the UNITED CITY OF YORKVILLE, a municipal corporation of the State of Illinois, County of Kendall (hereinafter referred to as "CITY"). WITNESSETH WHEREAS, DEVELOPER, as Owner and Developer, has heretofore developed a parcel of real estate consisting of approximately 7.765 acres, gross, (5.718 acres net of roadway), situated on Illinois State Route No. 47 at or about the intersection thereof with Countryside Parkway in the UNITED CITY OF YORKVILLE of Yorkville, Kendall County, Illinois, which said parcel of real estate is legally described and depicted on the Plat of Survey attached hereto and made a part hereof; and WHEREAS, DEVELOPER has developed said real estate as a commercial development pursuant to permits issued by the CITY; and -1- WHEREAS, the CITY determined, upon advise and recommendation of its engineers, that it was in the best interest of the CITY that the WATER MAINS and SANITARY SEWER LINES AND MAINS by designed, constructed, and routed in such manner as to be capable of serving a larger area of land, part of which is presently 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 the then existing law and pursuant to such action as the corporate authorities, in their discretion, may wish to take from time to time; and WHEREAS, the DEVELOPER offered to construct and oversize the WATER MAINS and SANITARY SEWER LINES AND MAINS upon the understanding that the CITY would provide by appropriate Ordinance and on the basis of a written recapture agreement and after public hearing the right of DEVELOPER to recapture an equitable portion of the costs thereof from other lands to benefit therefrom upon connection thereto to the DEVELOPER's extensions, whichever first occur; and WHEREAS, the UNITED CITY OF YORKVILLE has created maps identifying the service areas which are benefitted respectively by the water main improvements and sanitary sewer improvements, each of which are attached hereto and incorporated herein as Exhibit `B"; and NOW, THEREFORE, in consideration of the mutual covenants herein set forth and other valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: -2- e 1) The DEVELOPER, at the sole cost and expense of the DEVELOPER, subject to recapture as herein provided, has constructed the improvements as provided in final Engineering Plans which were provided by the DEVELOPER as prepared by the DEVELOPER's Engineer and approved by the CITY's Engineer, in the sizes, specifications, and in the manner set forth in the final Engineering Plans. The CITY has or will accept those improvements upon completion and in conformity with the CITY's Subdivision Ordinance and all other applicable Ordinances and regulations of the CITY. The DEVELOPER, at the sole cost and expense of the DEVELOPER,has obtained all necessary permits and approvals and shall maintain said improvements, at DEVELOPER's costs, until CITY acceptance thereof. 2) The CITY shall enact all necessary Ordinances for the recoupment and reimbursement to the DEVELOPER, for the proportionate share which benefits lands other than DEVELOPER for the portion of the costs of such improvements, including interest, constructed and installed by the DEVELOPER, which proportion of the costs of such improvements has been incurred by the DEVELOPER for the benefit of land other than the land of the DEVELOPER. The DEVELOPER and the CITY agree to the amount of recoupment and reimbursement which includes the costs incurred by the DEVELOPER to oversize the WATER MAINS and SANITARY SEWER LINES AND MAINS in order to benefit land other than the land of the DEVELOPER. The cost of the construction of the improvements is identified on Exhibit "A", which includes, without -3- limitation, cost of easements and rights of way, and all legal and engineering fees and expenses, and the costs of all labor and material for the installation of the improvements all as determined by and as agreed upon by and among the DEVELOPER's Engineer and the CITY. The interest rate to be paid is 8%per annum, which shall be computed from July 1, 1996, to the date of payment. All fees, expenses and interest referred to in this paragraph are hereinafter referred to as "RECAPTURE EXPENSES". 3) In accordance with the understanding of the parties and in order to effect a fair and equitable allocation of the entire costs incurred by the DEVELOPER in the engineering and installation of the WATER MAINS and SANITARY SEWER LINES AND MAINS it is hereby determined that the DEVELOPER shall be entitled to recover the sums as provided in this Agreement, from',the person or persons from time to time owning the benefitted areas identified in the maps and the schedule entitled`BENEFITTED PROPERTY" attached hereto as Exhibit "B", but said recovery by the DEVELOPER shall be only from the proceeds of recapture fees actually collected from time to time from the BENEFITTED PROPERTY as herein provided. 4) A) Before the areas benefitted by the utility extensions herein described, or any part thereof, shall be connected directly or indirectly to the Utility Extensions, the applicant for connection shall pay to the City Treasurer the prescribed Recapture Expenses for each acre, as determined pursuant to this Agreement, and specified on Exhibit"A", to be annexed and/or -4- connected for the use, benefit and purposes herein specified, together with the prescribed interest. The City Treasurer shall pay over to the DEVELOPER, within fourteen(14)business days of receipt thereof, all Recapture Expenses and Interest Charges received by the City Treasurer on account of this Agreement. It is understood and agreed that the CITY's obligation to reimburse the DEVELOPER shall be limited to funds collected from such Recapture Expenses from land located within the benefitted area. B) For purposes of determining when the payment of Recapture by a property owner or developer in the benefitted area or outside the benefitted area when hook-up is made to the improvements completed by developer hereunder, the following determination and agreement shall be enforced by the UNITED CITY OF YORKVILLE: i) That upon a Final Plat of Subdivision being recorded for acreage within the benefitted area, the Recapture is triggered for all acreage developed within that Final Plat of Subdivision and shall be deemed to be a"connection" for purposes of being required to pay the amount set forth in this Ordinance; or ii) In the event an owner of acreage within the benefitted area, or outside the benefitted area, takes out a building permit the same shall be treated as a"connection" under the terms of this Ordinance, and shall trigger payment of the Recapture cost for the -5- building lot for which the building permit has been applied for regardless of whether a Plat of Subdivision has been approved. The amount of payment in the case of a building permit on an area of land for which no Subdivision Plat has been approved and recorded shall be the acreage totally contained in said building lot. 5) Upon the installation and construction of the aforesaid improvements by the DEVELOPER and subsequent final approval by the CITY of such installation, the DEVELOPER shall dedicate such improvements to the CITY and shall convey the same to the CITY by appropriate Bill of Sale and shall grant all necessary easements to the CITY for the improvements so constructed and approved, which easements, if any, shall allow the CITY access to, expansion of, reconstruction of, maintenance of, and extension of the improvements herein described. 6) PERIODIC REVIEW: A) At the time of the execution of this Recapture Agreement, it is contemplated between the DEVELOPER and the CITY that the BENEFITTED PROPERTY identified on Exhibit`B"will be developed in such a manner that it shall use as a part of the development the storm sewer facilities installed by the DEVELOPER. B) In the event real property that is developed within the jurisdiction of the UNITED CITY OF YORKVILLE,but outside of either map areas benefits from either water or sewer connections to the subject utilities installed at the expense of DEVELOPER, the amounts per acre being charged for -6- water improvements or sanitary sewer improvements shall be assessed against said acreages even though they are outside of the estimated map areas benefitting from such improvements. 7) Nothing herein shall limit or restrict or in any way affect the rights of the CITY to collect other fees and charges pursuant to CITY ordinances, resolutions, motions or policies, including,but not limited to water connection and sewer connection fees and charges, it being expressly understood and agreed by and between the parties hereto that the recapture fees provided for herein are in addition to any other CITY fees and charges. 8) INTER-RELATIONSHIP OF RECAPTURE AGREEMENT WITH "HOLDIMAN"ANNEXATION AGREEMENT AND "HOLDIMAN-WALKER PURCHASE AGREEMENT": A) The DEVELOPER and the CITY acknowledge that on the 22nd day of July 1993, the CITY entered into an Annexation Agreement with Clarence Holdiman, Sandra Holdiman, Sharon Bazan, Brian Holdiman and Beth Holdiman, for the annexation and zoning of the"Holdiman Real Estate", portions of which real estate are included in the`Benefitted Property" described in this Agreement. Said Agreement at Paragraph 2(b)provides, in pertinent part, that the CITY shall not allow any developer or other party to charge Petitioner-Owner, or their successors, heirs, and assigns, for recapture in order to hook up to a water or sewer main extension. -7- B) The CITY and the DEVELOPER furthermore acknowledge and agree that pursuant to the Real Estate Sales Contract whereby DEVELOPER acquired title to its 7.765 acre parcel of real estate, as to Walker Custom Homes, Inc., the DEVELOPER, said restriction and prohibition applies only to the imposition of any recapture fees for water and sewer as to the Sellers, only, that is as to Clarence Holdiman, Sandra Holdiman, Sharon Bazan, Brian Holdiman and Beth Holdiman, and their heirs, executors, and administrators, and that future owners and/or developers of the real estate owned by the Holdimans shall be subject to the recapture fees imposed pursuant to the terms and provisions of this Agreement. 9) This Agreement shall be effective for a period of 20 years commencing with the approval of said recapture rights on July 1, 1996. EXECUTED by the Mayor and City Clerk of the UNITED CITY OF YORKVILLE pursuant to authority granted by the City Council. UNITED CITY OF YORKVILLE By: 6�O'el Mayor Attest: City Clerk Date of Execution: -8- DEVELOPER: WALKER CUSTOM HOMES, INC. Its President Date of Execution: 06 Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -9- Exhibit"A" WATER MAIN AND SANITARY SEWER LINES AND MAINS RECAPTURE EXPENSES TOTAL COSTS OF WATER MAIN OVERSIZING TO BENEFIT ADJACENT PROPERTIES: A. Water Main Engineering (Total): $ 2,200.00 B. Water Main Oversizing and Extension(Total): $ 49,133.00 C. Less: Developer's Share for 5.718 acres: $(27,000.00) TOTAL COST OF WATER MAIN OVERSIZING: $ 24,333.00 Total area benefitted, exclusive of Developer's real estate,per Exhibit`B": 129.047 acres Per acre recapture for Water Mains: $ 188.00 TOTAL COSTS OF SANITARY SEWER MAINS AND LINES OVERSIZING TO BENEFIT ADJACENT PROPERTIES: A. Engineering (Oversizing only): $ 2,000.00 B. Construction and related costs (Over-sizing only): $ 13,263.00 TOTAL COST OF SEWER OVERSIZING: $ 15,263.00 Total area benefitted, exclusive of Developer's real estate, per Exhibit`B": 129.047 acres Per acre recapture for Sanitary Sewer Mains and Lines: $ 118.00 -10- Plat of Sury f art of the Northwest Quart�f Section 28-37-7 Yorkville Kendall County Illinois Counfrys/o'e T 63/93' Parkway Nom. 0 Acle v Roods) EXCludln9 h I Acres la 5.718 l"= loo' i C I 93 �No I 503 34' 597.47 . ✓p`el orpr- . State of Illinois :SS County of Kendall: This is to certify that we,James M. Olson Associates,Illinois Professional Land Surveyors have surveyed that part of the Northwest Quarter of Section 28, Township 37 North,Range 7 East of the Third Principal Meridian described as follows: Beginning at the Northwest Corner of Hatcher Commercial Development, Yorkville,Kendall County,Illinois,being a point in the center line of Illinois State Route No.47;thence North 06'11'23"East along said center line 543.66 feet;thence easterly at right angles to said center line,631.93 feet;thence southerly along a line which forms an angle of 88'2636"with the last described course,measured counter-clockwise therefrom,557.68 feet to the North line of said Hatcher Commercial Development extended easterly,thence westerly along said extended North line and said North line,597.47 feet to the point of beginning in the United City of the Village of Yorkville, Kendall County,Illinois and containing 7.765 ares as shown by the plat hereon drawn which is a correct representation of said survey. Dated at Yorkville,Illinois June 16, 1995. James M. Olson Illinois Professional Land Surveyor No.2253 James M. Olson Associates,Ltd. 107 West Madison Street Yorkville,Illinois 60560 1 (708)553-0050 Walker No.5719-B Plat, jicting Area Subject To Sanitary Sewer & Watermain Recapture Fees (Part of Sections 21&28-37-7 Yorkville Kendall County Illinois) I Line Center 1648.63 1529.83 /03.68' IN I ti ti / 300' r N�9 O � O o Q J of N c 1 v V 99p 35. tl� O I562.63' Ilk V11 A�d''i co h IS, h 584./0' t,her iJ CcT�' r~er' Prepared By: I 7630.55' James M.Olson Associates,Ltd. 107 West Madison Street Yorkville,Illinois 60560 (630)553-0050 January 15, 1997 Wn/kPr At, Exhibit"A" BENEFITTED PROPERTY Legal Descriptions for Club 47 Tract subject to Storm Sewer recapture That part of the South Half of Section 21 and part of the North Half of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Beginning at the intersection of the present center line of Illinois State Route No. 47 with the center line extended westerly of Kennedy Road; thence easterly along said extended center line and said center line of Kennedy Road 1648.63 feet; thence southerly along a line which forms an angle of 70°08'41" with the last described course, measured counter-clockwise therefrom, 2128.69 feet; thence easterly along a line which forms an angle of 89°47'28" with the last described course, measured clockwise therefrom, 990.35 feet; thence southerly along a line which forms an angle of 89°38'34" with the last described course, measured counter-clockwise therefrom, 1515.36 feet; thence southerly along a line which forms and angle of 180°01'49" with the last described course, measured clockwise therefrom, 592.0 feet; thence southerly along a line which forms an angle of 184°09'33" with the last described course, measured counter- clockwise therefrom, 18.28 feet to the northerly right of way line of U.S. Route No. 34; thence westerly along said northerly right-of-way line 719.84 feet; thence northerly at right angles to the last described course 20.0 feet; thence westerly along said northerly right-of-way line, 400.0 feet to an angle point in said northerly line; thence westerly along said northerly line 200.24 feet to an angle point in said northerly line; thence westerly along said northerly line 168.36 feet to a line drawn North 05'07'52" East from a point on the center line of said Route No. 34 which is 538.21 feet easterly of the East right-of-way line of said Route 47; thence North 05'07'52" East 584.78 feet to the Northeast corner of Countryside Center, Unit no. Five, Yorkville, Kendall County, Illinois; thence westerly along the North line of said Unit No. Five, a distance of 77.92 feet to the southeast Corner of Hatcher Commercial Development; thence northerly along the East Line of said Subdivision 458.96 feet to the Northeast corner thereof, thence westerly along the North line of said tract 5 84.10 feet to said Route 47 center line; thence northerly along said Route 47 center line 2819.91 feet to the point of beginning (excepting therefrom that part thereof conveyed to the State of Illinois by a Warranty Deed recorded February 25, 1991 as Document No. 911035 and excepting that part thereof lying within Parkway Addition, Yorkville,Kendall County, Illinois and excepting that part thereof lying within Kennedy Road) in the City of Yorkville and Bristol Township, Kendall County, Illinois and containing 149.957 acres.