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Ordinance 1996-08 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) Rev.7-31-96 9608380 08/13/1996 02:44P 1 of 2 Paul Anderson, Kendall County, IL Recorder ORDINANCE NO. 96- S AN ORDINANCE APPROVING THE RECAPTURE AGREEMENT FOR KEITH KUCZKOWSKI AND BONNIE KUCZKOWSKI WHEREAS, The United City of Yorkville ("Yorkville") has duly considered the passage of a Recapture Ordinance for the benefit of Keith Kuczkowski and Bonnie Kuczkowski ("Kuczkowski"); and WHEREAS, the Kuczkowskis have extended the sanitary and water main lines to service property owned by them which is more fully described in the attached Exhibit "A"; and WHEREAS, Kuczkowskis provided the funds necessary to extend said utilities to their property less a sum paid by the City of Yorkville to oversize the water main line; and WHEREAS, the water and sewer lines have been constructed in such a way as to benefit three other parcels of land owned by Sankey and Norma Stanton (Parcel #l, described in Exhibit "B"), Roger and Joyce Olson (Parcel #2 described on the attached Exhibit "C") and David Ligons (Parcel #3 described in the attached Exhibit "D"); and WHEREAS, the cost of said sewer main constructions was $13,791.00 and the cost of the water main construction was $23,504.00, including $1,607.00 the City of Yorkville paid for oversizing of the water line; WHEREAS, each of the utility improvements will benefit all of the above mentioned parcels of real property and will be solely serviced through the efforts of Kuczkowskis; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, that Bonnie Kuczkowski and Keith Kuczkowski their successors, heirs and assignees shall be allowed to recapture one-half of the cost to construct the water main and sewer main extended on East Van Emmon Property from approximately 320 East Van Emmon St. to the unnamed creek. The amounts of said recapture shall be based on a per lot basis, taking into consideration any existing and any current sewer or water m_ ain connections and will be as follows: � 1 Water Recapture of$10,948.50 (deducting $1,607.00 oversize cost) $10,948.50/2 =$5,474.25 per lot Parcel #1 $5474.25 $803.50 (oversize recapture to City) Parcel #2 $5,474.25 $803.50 (oversize recapture to City) Parcel #3 $ 0.00 water service already in existence Sewer Recapture of$6,895.50 $6,895.50/3 = $2,298.50 Parcel #1 $2,298.50 Parcel #2 $2,298.50 Parcel #3 $2.298.50 FURTHERMORE, Kuczkowski shall be further allowed to recapture those amounts as stated above together with 8% interest per annum, from the date of recording of Final Plat (January 5, 1994). The recapture amounts shall be triggered for payment upon the earlier of the first house building permit, sewer connection, water connection or final plat for any of those parcels described herein as parcels #1, #2, #3. Likewise the United City of Yorkville shall be entitled to interest on the amounts owed for oversizing said water line, at the same interest as above based on the same triggering events. The precise amount owed shall be calculated at the triggering event and shall be certified 2 by the City Public Works Department and the Kuczkowskis prior to any hook-up to either sewer or water line. This Recapture Ordinance is being passed and approved pursuant to 65 ILCS 519-5-1 which permits and authorizes a municipality to permit said Recapture. This Recapture Agreement shall remain in effect for a period of 20 years from the date of approval by the City of Yorkville; with interest calculated from January 5, 1994 the date of completion of improvements. A certified copy of this Ordinance shall be duly recorded with the Kendall County Recorder of Deeds. Passed this day of 1996. ATTEST: Y dLERK MAYOR Law Offices of Daniel J. Kramer 1107A South Bridge St. Yorkville, Illinois 60560 708.553.9500 3 EX EBIT "A" LOTS 1,2,3 OF VAN EMMON STREET ADDITION TO THE CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS. HAT PART OF THE NORTH HEST 1.*4 OF SECTION 33. TOWNSHIP Om, RANGE EAST OF THE THIRD PRINCIPAL MERIDIAN. DESCRIBED AS FQ....jSt OOIAI,ENCINO AT THE INTERSECTION OF THE EAST LINE OF SAID NORTH HEST 114 WITH THE SOUTH LINE OF THE BURL INGTON-NORTFEFIN. INC. RAILROAD RIQIT OF ' WAY: THENCE WESTERLY ALONG SAID SOUTH LINE 460.0 FEET: THENCE SOUTHERLY ALONG THE WEST LINE OF A TRACT OF LAND CONVEYED TO .U= ARMBRUSTER BY DEED RECORDED IN GEED RECORD 70. PAGE 32. 233.01 FEET`TO THE NORTH LINE c OF VAN EMMON STREET; THENCE WESTERLY ALONG SAID NORTH LINE 80.0 FEET; {w THENCE NORTHERLY PARALLEL WITH SAID NEST LINE WHICH FORMS AN ANGLE: OF 88 OEGREES. 29 MINUTES. 24 SECONDS WITH SAID NORTH CINE. MEASURED FROM WEST TO NORTH, 120.0 FEET FOR THE POINT OF BEGINNING; THENCE NORTHERLY ALONG A LINE WHICH FORMS AN ANGLE OF in DEGREES. 33 MINUTES. 0 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOMISE TFEREF'RO I 119.57 FEET TO SAID SOUTH RIGHT OF NAY LINE: THENCE WESTERLY ALONG SAID :. WIITTHHTHE LASTIDESCRIBED COURSEEI D CLOCKWISE MINUTES. FEET: THENCE WEST ALONG SAID SOUTH RIGHT OF WAY LINE BEING ALONG A '3 TANGENTIAL CURVE TO THE LEFT HAYING A RADIUS OF 5.679.65 FEET. 319.74 FEET TO THE EASTERLY LINE OF THE ABANDONED FOX AND ILLINOIS UNION RAILWAY COMPANY RIGHT OF WAY: THENCE SOUTHEASTERLY ALONG SAID EASTERLY LINE. BEING ALONG A CURVE TO THE RIGHT HAYING A RADIUS OF 624.08 FEET. 417.Z9 FEET TO SAID NORTH LINE OF VAN EMMON STREET: THENCE EASTERLY ALONG SAID NORTH LINE 36.84 FEET: THENCE NORTHERLY PARALLEL WITH SAID' WEST LINE WHICH FORMS AN ANGLE OF 88 OEt3REES. 29 MINUTES. 24 SECONDS WITH THE LAST OESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 120.6 1 FEET: THENCE EASTERLY PARALLEL WITH SAID NORTH LINE 100.04 FEET TO fME POINT OF BEGINNING: IN THE UNITED CITY OF THE VILLAGE OF YORKVILLE. KENDALL COUNTY, ILLINOIS. \� OS -- 3 ci — 1 77 - po7 T ...r .a. _L "c l • 1. — THAT PART OF TAE I PIN 8311 QW MTEM OF SNLL'rZONN 33, 'gyp 37 NORTH, RANGE Z Elm or THE =MD P==%L Nt =DN, MCMBED � AS FOLLOW: UGIMM = = in I In I 1 EC?IO. ar = mm2cw MMT OT WAY LINE Of THE !OE AM =mlNOZS UU M RAIMT COMM AND ?HE WEST LINE 07 LOT It M SAID SS== 33 ACRD= W !HZ pL= RECORDED IN PLAT HOOK 31 PAGE 96, = TAE amames amcz OF KENDALL COUNTY, ZLM NOZSi TBZNCZ S ALONG SAID WESTERLY Rz=r OT WAY LINE HE= ALONG A CURVE TO mM RZGST AND NAVZNG A RADIUS OF 574.49 FEET, 463.27 YZET TO Us CN71TE P LINE or VAN ZKHON STREETS '1'MCE WLST== ALONG SR= CEHTZ 1 LINE 376.23 PEST TO THE WZST LINE OF SM X T U; TEEM ALONG SAID WEST LINE WMCK rOM95 AN ANGLE O! 85 a== SS NZNUTES 46 SECONDS WZ= MR LAST DESCRZB= C=MSZ (!lEI== COUNTER-CLOCXWZSE TZERZFROlq 276.95 FM 20 UZ pOINT or SEGZNNZNG IN THE = v IlD CZTIf OZ 23M VILLAGE a �OMS4ZLi.E, XEMM= 0=12, ZLLZNM. i CMWOH= =MM AS& 325 Z. US ONMONt ROAD, TOMi VXJ; =Mmn. � �' . _ . 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