Ordinance 2000-06 0004974 05/02/2000 09:54A 1 of 4
Paul Anderson, Kendall County, IL Recorder
February 22, 2000
STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE NO.2=4v
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)
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 STORM SEWER be 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 STORM SEWER
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; and
WHEREAS, the UNITED CITY OF YORKVILLE has created a map identifying the
service areas which are benefitted respectively by the storm sewer extension,which is attached
hereto and incorporated herein as Exhibit"A":
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 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 STORM SEWER 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 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".
-2-
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 STORM SEWER 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 storm sewer extension herein described,
or any part thereof, shall be connected directly or]"indirectly to the storm
sewer extension, 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 clays 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
building lot for which the building permit has been applied for
regardless of whether a Plat os Subdivision has been approved.
The amount of payment in the case of a building permit on an area
-3-
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 the storm sewer mar) area benefits for
connection to the storm sewer line installed at the expense;of DEVELOPER, the
amounts per acre being charged for storm sewer improvement shall be assessed
against said acreages even though they are outside of the estimated map areas
benefitting from such improvement.
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,
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 storm sewer 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 storm sewer extension as
-4-
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 DAVE DOCKSTADER
RICHARD STICKA MIKE ANDERSON
VALERIE BURD ROSE SPEARS
LARRY KOT THOMAS SOWIN SKI
APPROVED by me, as ayor of the United City of Yorkville, Kendall County, Illinois,
this day of V\\A , A.D. 20 LY:4.
MA'Y6R
P SSED by the ity Coun it of the United City of Yorkville, Kendall County, Illinois
this day of , D. 20i&.
Attest: h'bA(. i �• �
CITY CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
-5-
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Dart of the Northwest Quar`!4,r of Section 28-37-7
Yorkville Kendall ( anty Illinois
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State of Illinois
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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: Be,inning 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
543.56 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 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
Ygrkville, Illinois 60560
(708)553-0050
Worker vo.5719-B
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 584.10 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.
Rood
Kennedy csn,,, 63
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I Plat Depicting Area
Subject to Storm Sewer
Recapture Fees
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Prepared BY. �O•/4
/69.36' 400.0
James M.Olson Associates.Ltd. 0' B�
107 West Madison Street Os
YorkVIle,Illinois 60560 ' hOLIIO
(670)553.0050
January 15,1997
Wo/kei No 6069'a
EXHIBIT �R° - BENEFITTED PROPERTY' - PAGE:
Exhibit `B"
STORM SEWER RECAPTURE EXPENSES
TOTAL COSTS OF STORM SEWER OVERSIZING TO BENEFIT ADJACENT
PROPERTIES:
A. Engineering (Total): $ 5,800.00
B. Construction and related costs (Total): $102,000.00
C. Less: Developer's Share for 5.718 acres: $(5,832.00)
TOTAL COST OF STORM SEWER OVERSIZING: $101,968.00
Total area benefitted, exclusive of Developer's real
estate,per Exhibit"A": 149.957 acres
Per acre recapture: $ 680.00
00049'/5 05/02/2000 09:54A 2 of 4
February 22, 2000 Paul Anderson, Kendall County, IL Recorder
STATE OF ILLINOIS )
)ss.
COUNTY OF KENDALL )
UNITED CITY OF YORKVILLE
RECAPTURE AGREEMENT
STORM SEWER
WALKER CUSTOM HOMES INC. - ROUTE 47
THIS AGREEMENT is made and entered into this �4y of
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 STORM SEWER 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 STORM SEWER
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 a map identifying the
service areas which are benefitted respectively by the storm sewer extension, which is 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:
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,
-2-
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 STORM SEWER 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 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,
-3-
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 STORM SEWER 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 storm sewer extension herein described,
or any part thereof, shall be connected directly or indirectly to the storm
sewer extension, 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
-4-
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 are
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
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-
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 the storm sewer area
benefits from for connection to the storm sewer line installed at the
expense of DEVELOPER, the amounts per acre being charged for storm
sewer improvement shall be assessed against said acreages even though
they are outside of the estimated map areas benefitting from such
improvement.
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
-6-
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 storm sewer 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 storm sewer extension as
to the Sellers, only, that is as to Clarence Holdiman, Sandra Holdiman,
-7-
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:
Mayor
Attest:
Qv'&� K. .
City Clerk
Date of Execution: V
DEVELOPER:
WALKER CUSTOM HOMES, INC.
Prepared by and Return to:
Law Offices of Daniel J. Kramer Its President
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500 Date of Execution: 9 -0c)
-8-
Exhibit"A"
STORM SEWER RECAPTURE EXPENSES
TOTAL COSTS OF STORM SEWER OVERSIZING TO BENEFIT ADJACENT
PROPERTIES:
A. Engineering (Total): $ 5,800.00
B. Construction and related costs (Total): $102,000.00
C. Less: Developer's Share for 5.718 acres: $ (5,832.00)
TOTAL COST OF STORM SEWER OVERSIZING: $101,968.00
Total area benefitted, exclusive of Developer's real
estate,per Exhibit`B": 149.957 acres
Per acre recapture: $ 680.00
-9-
Exhibit`B"
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 584.10 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.
-10-
Plat of Survev of
art of the Northwest Quart of Section 28-37-7
Yorkville Kendall County Illinois
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State of Illinois
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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.
1107 West Madison Street
Ygrkville, Illinois 60560
(708)553-0050
Walker
No.5719-B
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Kennedy Center 1648.63'
1529.83'
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Recapture Fees
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107 West Madison Street (/S
Yorkville,Illinois 60560 Rou/e
(630)553.0050 /VO. 34
January 15,1997
WalAer No 6066-A
EXHIBIT "B" - BENEFITTED PROPERTY - PAGE '�