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Ordinance 1996-07 Revised 5/23/96 ORDINANCE NO. AN ORDINANCE IN REGARD TO THE CONSTRUCTION OF STORM SEWER EXTENSION BY KURT MINICI IN THE CITY OF YORKVILLE WHEREAS, Kurt Minici is the Owner of 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, Minici has constructed a storm sewer extension located under Wolf Street in the Fox Industrial Park in Yorkville, Illinois; and WHEREAS, The City of Yorkville, upon advise and recommendation 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, Minici constructed said sewer extension upon the understanding that the City of Yorkville would provide the appropriate Ordinance and procedures for him to recapture an equitable portion of the cost from other lands benefiting from the construction of the extension; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE; 1. Minici, 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, from the Owners of the benefitted 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"). I 3. The Owner of Parcel #1 shall pay at the time of hook-up to the storm sewer, or at the time of obtaining a building permit or at time of final plat, an amount equal to 1/3 or $3,186.00, of the total cost of construction of the storm sewer as set out above. 4. The Owner of Parcel #2 shall pay at the time of hook-up to the storm sewer or at the time of obtaining a building permit or at the time of final plat an amount equal to 1/3 or $3,186.00, of the total cost of construction of the storm sewer as set out above. 5. The Owners of those parcels shall pay those sums owed prior to hook-up to the storm sewer. 6. That 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. 7. The city or its employee are in 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. 8. This Recapture Ordinance is being passed and approved pursuant to 65 ILCS 5/9- 5-1 which permits and authorizes a municipality to permit said Recapture. 9. This recapture Ordinance shall remain in effect for a period of 20 years from the date of approval by the City ouncil. Passed this day of 1996. ATTEST: Y CLERK MAYOR Law Offices of Daniel J. Kramer 1107A South Bridge St. Yorkville, Illinois 60560 708.553.9500 EXHIBIT "A" LEGAL DESCRIPTION THAT PART OF LOT 1 IN BLOCIC 1 OF FOOL IlaDQSTRM PARR DRZT 84 BEING DESCRIBED BY COl+RmCING AT THE SOOTHSAST CORNER OF SAID LOT 1j TH8b1CS NORTH 81 DEGREES 52 MINUTES 08 9ECONDB NEST ALONG THS SOUTH LINE OF SAID LOT 1, 291.00 FEET FOR THE POINT OF 88GIANINGj THENCE NORTH 09 DSGRSES 09 MINUIBB 49 SECONDS BAST PARALLEL WITH TUB EAST LINE OF SAID LOT 1, 384.29 FEET TO TIM NORTR LIbIS OF SAID LOT 1; THU= NORTH 81 DXQRi88 82 =1109114 08 98=MDS VZOT AWW SAID NORTH LINE, 146.00 •SST1 THWCS SOUTH 09 DEGREES 09 MMUTE8 49 SECONDS NEST PAR *-*M WITH RAID EAST LINE, 140.00 FEET; THEN SOUTH 54 DSORSSS 09 W3MTEB 49 SECONDS NEST, 18.84 FBETj THENCE NORTH 81 DEGREES 52 MINOTS8 08 SSCONDB NEST PARALLEL WITH SAID NORTH •LINE, 133.98 FEET TO THE NESTSRLY LINE OF SAID LOT; TIN<NC9 SOUTH 01 DEGREES 44 MINUTES 07 SECONDS PAST ALONG SAID NRBTSRLY LINE, 227.61 FEET TO THE SOUTHWEST CORNER OF SAID LOT; THENCE SOUTH 81 DEGREES 52 MINUTES 08 SECONDS EAST ALONG SAID SOUTH LINE, 236.95 FEET TO THIS POINT OF BSGI>1IUM IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS CpW 1 In Block 2 of Fox Industrial Park, Kendall County, Illinois, Unit 4, in the United City of the Vlllpe Of Yorkville, Kendall County, Illinois. EXCEPTING THEREFROM THAT PART OF LOT 2 IN BLOCK 2 OF F= IpDaSTRM PARK UNIT 94 BEIPO DESCRIBED BY COI�NCING AT THE SOUTHEAST CURLIER OF BALD LOT 1f SHOP r I OMM 41 DEGREES 92 MINUTE9 08 9ECONDB WENT AL000 THE SOUTH LII OF SAID LOT It 292.00 FEET FOR THE POINT OF 8EaX10119 3; 'PHng ma 11 ORTU 09 OEOAORB 09 HINUTEB 49 BECOPDS BAST PARALLEL WITH TIM EAST LriIE 01 SA=D IOT It 304.29 PEST TO THE IWDRT'H LIioE OF SAID LOT 11 TIDAICII !WORTH 82 0' " 1 IN 52 IRVVM 08 88CON08 WENT At*= BALD 1 0309 1 LnM, 146.00 ` FEET f THV= NOMM 09 0E13111SE8 OR IQIiOTEB 49 SZCC=$ WEBT VAR *�M 111'17)[ SA= EAST LINE, 240.00 FORT; -28211 80OT8 54 DEOA8E8 09 KWOTEB 49 831=1=8 WEST, 28.94 FEETt THENCE NORTJt 81 DEGREES 32 OVUM 0. BECOIW S !WEST PARALLEL Va BALD NORTH 1 .LINE, 113.98 FEET TO THE WISBTIRLY L=NS OF BALD LOTJ THEM SOUTH 01 DEGREES 44 MINUTES 07 SECONDS PST ALONG SAID WESTERLY LIVE, 227.62 FEET TO THE SOUTHIE9T CORNER OF BALD WTI THENCE SOUTH 81 DEI3RSES 52 ILINUTBB 08 NECONDS EAST AIOW SAID SOUTH LING, 236.95 FEET TO THE POINT OF WOMbRUM IN THE CITY OF TORKVILLE, J KENDALL COUNTY, ILLINOIS (1�1 • W r / .,, �• ` 8K 318 1'�� rr' TRACT Is Lot 3 in Block 1 of Fox Industrial Park, Kendall County, Illinois Unit 4, in the United City of Village of Yorkville, Kendall County, Illinois. TRACT IZx 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 1s Block 2, rr *Fox Industrial Park, Kendall County, Illinois, Unit 4.1 thence �L North 1044107• West along the West line of said lot 390.0 feet to the Northwest corner thereof, thence North 81052.08' West along 1 the South line of Wolf Street, the South line of Lot S, Block 2, "Fox Industrial Park, Kendall County, Illinois, Unit 50, and said South line extended 988.25 feet to the West r pht-cf-way line of Illinois State Route No. 47, thence South 1 44.076 East along said West right-of-ray line 390.0 feet to the South line of said I:F Lot 1 extended westerly, thence South 81052108• East along said �; . extended South line 988.25 feet to the point of beginning in ti. Kendall Township, Kendall County, Illinois, EXCEPTING THEREFROM M• THE FOLLOWING PARCELS That part of the North East 1/4 of Section <i S, Township 36 North, Range 7 East of the Third Principal Meridian, described as follows: Coanencing at the South West corner of Lot 1, Block 2, Fox Industrial Park, Kendall County, Illinois, Unit 41 thence North 1 degrees, 44 minutes, 07 seconds . West along the West line of said Lot. 390.0 feet to the North West corner thereofs thence North 81 .degrees. 52 minutes, 08 seconds West along the South line of Wolf Street and the South line of Lot 5, Block 2, Fox Industrial Park, Kendall County, Illinois. Unit S, a distance of 470.59 feet to the South West corner of said Lot 5 for a point of beginnings thence North 81 degrees. 52 minutes. 08 seconds West along the South line of said �+ Lot 5 extended, 477.07 feet to the center line of Illinois State Route No. 471 thence South I degrees, 44 minutes, 07 seconds East along said center line, 390.0 feet to the South line of said Lot 1 extended Westerly= tbence South 81 degrees. 52 minutes, 08 n; seconds East along said extended South line 477.07 feet to the 4 West line of said Unit 5 extended Southerlyi 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. Kendall County, Illinois. PIN: Tract I: 05-04-152-008 Tract NT: 05-04-151-0081 05-OS-276-001 (affects this property and other property) Commonly known as: ills nom. s�r�•_ r...w.». 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 as Document No. 86-5559 (affects Tract II). 1 ALSO SUBJECT TO Mortgage dated December 8. 1978 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. i. 86-3987 (affects Tract I). � C W • O o 0 m ) o ua 4 ow NNC 7 O J 3 � e