Ordinance 1998-07 ` 9362 04/13/1998 01 :38F 1 of 2
Paul Anderson, Kendall County, IL Recorder
AMENDED
ORDINANCE NO. 199gm— qg-"�
AN ORDINANCE IN REGARD TO THE CONSTRUCTION OF STORM SEWER
EXTENSION BY KURT MINNECI IN THE CITY OF YORKVILLE
WHEREAS, Kurt Minneci is the Owner of the real property located in the United City
of the Village of Yorkville (described in the attached Exhibit "A"); and
WHEREAS, as part of developing this parcel of land, Minneci has constructed a storm
sewer extension located under Woli'Street in the Fox industrial Park in Yorkville, Illinois; and
WHEREAS, The City of Yorkville, upon advise and reconunendation of the City's
Engineers, required that the storm sewer extension be designed, constructed, and routed in such
a manner as to be capable of serving other parcels; and
WHEREAS, Minneci constructed said sewer extension upon the understanding that the
City of Yorkville would provide the appropriate Ordinance and procedures for hint to recapture
an equitable portion of the cost from other lands benefitting from the construction of the
extension;
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED
CITY OF THE VILLAGE OF YORKVILLE;
I_ Minneci, his successors, heirs, and assigns, shall be entitled to recapture a sum
equal to two thirds (2/3) of the entire amount expended by him of$9,560.00, to construct said
sewer extension together with interest at the rate of 8% per annum From the date of completion
of the storm sewer, August 10, 1994, tiom the Owners of the bcnefitted parcels.
2. The properties potentially developable which may benefit from this sewer extension
are described as follows:
Parcel #1 -- Currently owned by MI-RO MOLD, INC. (described in the
attached legal description Exhibit "B").
Parcel #2 -- Currently owned by WASTE MANAGEMENT OF
ILLINOIS, INC. (described in the attached legal description Exhibit "C").
3. The Owner of Parcel #1 shall pay an amount equal to 1/8 of the total cost of
construction of the storm sewer, or $3,186.00, as set out above. Said payment shall be made
upon the earlier of the following events: hooking-up the storni sewer, obriining a building permit
or seeking a final plat. Said monies shall be paid to the City Clerk, or alternatively, shall be paid
directly to Minneci.
1
4. The Owner of Parcel #2 shall pay an amount equal to Vs of the total cost of
construction of the storm sewer, or x3,1.86.00, as set out above. Said payment shall be made
upon the earliest of the following events: hooking-up the storm sewer, obtaining a btulding
permit or seeking a final plat. Said monies shall be paid to the City Clerk, or alternatively, shall
be paid directly to Minneci.
5. These recapture amounts are in addition to any other fees or costs which may be
owed to the City of Yorkville or any other entity with respect to any form of construction or
development with respect to the parcels described above.
6. The city or its employees are iii no way responsible for enforcing collection of the
recapture amounts herein, but shall make all reasonable efforts to make the collection of the
recapture amounts.
7. Thus Recapture Ordinance is being passed and approved pursuant to 65 1LCS 5/9-
5-1 which permits and authorizes a municipality to pen-nit said Recapture.
8. This recapture Ordinance shall remain in effect for a period of 20 years 17om the
date of approval by the Ci Council.
Passed this day of 1998.
ATTEST:
r
CITY CLERK MAYOR
Law Offices of Daniel J. Kramer
1107A South Bridge Street
Yorkville, Illinois 60560
630/553-9500
EXHIBIT "A"
LEGAL DESCRIPTION
1
THAT PART OF LOT 3 IN BLOCK 2 OF FOX INDDSTRIAL PARK DRIT 94 Bxxva DBSCRSBED BY
COMMENCING AT THE SOUTHEAST CORNER 017 SAID LOT 1; '15i8NC8 NORTH 81 DECiREBS 52
MINUTES 08 SECONDS NEST ALOM THE SOUTH LZNB OF SAID LOT 1, 292.00 FEET FOR THE
POINT OF BROWNING; THENCE NORTH 09 08GRRES 09 M MMTRS 49 SECONDS RUT PARALLEL
WITH TUN RUT LINE OF SAID LOT 1. 384.29 FRRT TO THE NORTH Lnm OF SAID LOT 1;
THENCE NOATM 81 Da4AERR s2 =acs O8 88C'ONDB NBBT A&*= am NORTH LINE, 3.4.6.00
FZBT TkUMC8 SOUTH 09 DRGASBS 09 MnwM 49 SECOMS NSST PARALMM WITH M URT
LINE, 140.00 FBBTj THENCE SOUTH 54 DRGRSRB 09 MZMUTRB 49 SNaMES WEST, 28.84
FBBTI THBNCB NORTH 81 DBORSEB 52 MIl9UTE8 08 SECONDS NEST PARALLEL WITH $AID NOM
-LINE, 113.96 FEET TO TOR NESTSRLY LINR OF 9=0 LOT; THE= SOUTH 01 DEGREES 44
MINUTES 07 SECONDS BAST ALOW BALD NSSTERLY IMM, 227.62 FRET TO THE SOUTHWEST
CORNER OF SAID LOT; TABNCE SOUTH 81 DBORRES 52 MIl=U 08 88CMM8 EAST ALONG SlaD
SOUTH LING, 236.95 FRET TO THE POINT OF BROXHOING IN THE CITY OF YORKVILLB,
KENDALL COUNTY, ILLINOIS
Lot 1-In Block 2 of Fox Industrial ftrk. Kendsli Comnty, Illinois. Unit
4, In the United City of the Vgbp of Yorkville. Kendeu county, Illinois.
EXCEPTING THEREFROM
THAT PART OF LOT 2 2 OF FOOL St I M STRM W= @1IT •4 RZIM D28CRI88D By
CO3ENCINO AT TH2 BOOTRI:ABT COMM OF == LOT l; 1111W MR 1W= 81 DSORSRS 52
Wflu B 08 gnm , I DB WZBT ALOIIt'1 THS sam lam OF BALD LOT 1. 292.00 FM FOR TH8
POtt4T OF 820=21"'I i 31 'PlA1CM No= 09 D==8 09 MI10T28 49 8X1 " 1D8 WWT PARALLBY.
WITR THS BAST L=1Qli OF SASD LOr 1. 384.29 9 TO TH2 RWRm Lm OF W= LOT 1;
THX= 110R'!R 81 DW=3118 82 1RXWM 08 BR W W8 1128T AWW BA=D 1011!11 L=318, 106.00 `
FXXT t THWM BUM 09 Dat1A228 09 MUM= 49 820031x8 WSBT VAVJ== 112211 SAID RANT
LIMB, 140.00 11631 ; I m C2 BOOTH 84 0=011E26 09 DR110T28 49 8R1CMWB WBSTs, 28.34
YYAZT; T=C2 1WR'R,'g 81 0E03828 52 933MM 0. BSO MS INST R APJLT. M >f SAID imm
.LVIZ, 113.98 WIM TO T82 W28TW= L=MR1 OF SA=D LOT; TASMQ SOOT!; 01 DROWIMS 44 �
H1140728 07 S$COMDS PST ALM SA=D 1 XVMLY L=118, 227.65 IRST TO TR E 300=11 ST
CORMM OF SAID LOT; TIUMM BO OTR 81 D201R22S 52 11331MM8 08 SRC=B BAST ALOSO BIND
SCUM LUIS, 236.95 723IT TO =2 V0=T OF R1111O2UR M XX TJM T= OF TCRKVX=t
QRD=& COCY, XLLI0IB
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{ TRACT Is
Lot 3 in Block 1 of Fox Industrial Park, Randall County, Illinois
Unit 4, in the United City of Village of Yorkville, Kendall
County, Illinois.
TRACT Its
That part of the Northeast Quarter of Section S, Township 36
North, Range 7 East of the Third Principal Meridian, described as
follows: Beginning at the Southwest corner of Lot 10 Block 2,
C'
*Fox Industrial Park, Rendall County, Illinois, Unit N; then ca
North 1044'07• Hest along the West line of said lot 390.0 feet to
the Northwest corner thereat, thence-North 81082.08' West along ;
the South line of Wolf Street, the South line of Lot S, Block 2,
.. •Pox Industrial Park, Kendall County, Illinois, Unit S•, and said
South line extended 988.25 feet to the West roht-ofway line of
Illinois State Route No. 47, thence South 1 44.07' Rant along
said West right-cf-way line 390.0 feet to the South line of slid
CFi Lot 1 extended westerly, thence South 81052108' East along said
�;';• extended South line 988.25 feet to the point of beginning in
Kendall TowSship, Kendall County, Illinois, ZXCFi K-G THEREFROM
M•. THE FOLLOWING PARCELS That part of the North East 1/4 of Section
S, Township 36 North, Range 7 East of the Third Principal
Meridian, described as follows Commencing at the South West
corner of Lot 1, Block 2, Fox Industrial Park, Kendall County,
Illinois. Unit 4s thence North 1 degrees, 44 minutes, 07 seconds
West along the West line of said Lot. 390.0 feet to the North
West corner thereof= thence North 81 .degrees, 52 minutes, 08
seconds West along the South line of Wolf Street and the South
line of Lot S, Block 2, Fox Industrial Park, Randall County,
Illinois, Unit S, a distance of 470.59 feet to the South West
corner of said Lot S for a point of beginning= thence North 81
degrees, S2 minutes. 08 seconds West along the South line of said
Lot S extended, 477.07 feet to the center line of Illinois State
Route No. 471 thence South 1 degrees, 44 minutes, 07 seconds East
along said center line. 390.0 feet to the South line of said Lot
+° 1 extended Westerly; thence South 81 degrees, 52 minutes. 08
seconds East along said extended South line 477.07 feet to the
West line of said Unit S extended Southerly; thence North 1
degrees. 44 minutes. 07 seconds West along said extended West
'• line. 390.0 feet to the point of beginning, in the United City of
the Village of Yorkville, Randall County, Illinois.
PINS Tract Is 05-04-152-008
Tract Iis 05-04-151-008; 05-05-276-001 (affects this
property and other property)
Commonly known ant 5215 e..� err..._ •.,.an.+»._ n_
SUBJECT TO real estate taxes for the year 1990 and subsequent
years, and to rights, restrictions and easements of record.
ALSO SUBJECT TO Mortgage dated October 24. 1986 and recorded
November 28, 1986 an Document Me. 86-5589 (affects Tract II).
ALSO SUBJECT TO Mortgage dated December 8. 1976 and recorded
December 11, 1978 as Document No. 78-8033, and Trust Deed dated
July 29. 1986 and recorded August 18. 1986 as Document No.
�. 86-3987 (affects Tract I).
}
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