O-62-98 07/27/98P71.41...)
1998 —O9 -04 09:21 e 39
Lounty ,:50
ORDINANCE NO. /' tia �(
ORDINANCE APPROVING A RECAPTURE AGREEMENT
(Oaktree and Steeples Extension on Archer Avenue in Lemont, Illinois)
WHEREAS, the President and Board of Trustees have deemed it in the community's best
interest to enter into a Recapture Agreement , attached hereto as Exhibit "A" and made a part hereof,
and
WHEREAS, the Agreement would assure that Ranquist Home Builders and McArcher
Devlopment would recover $163,258.74 plus interest for the Oak Tree /Steeples Extension of water
& sewer mains in the vicinity of Mc.Carthy Road and Archer Avenue.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the
Village of Lemont, counties of Cook, Will and DuPage, Illinois, that the Village Board of Trustees
authorizes the President and Clerk to execute the attached Agreement.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on this 27th day of July
_ 1998.
Barbara Buschman
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Mary Studebaker
Attest
AYES NAYS PASSED ABSENT
V
ENE SMOL E Village Clerk
Approved by me this 27th day of Jul, 1998.
/114141i ,� C • 4, A. WASNESKI Village President
CHARLENE SMOLLEN, Village Clerk
Prepared by:
Planning Department
Village of Lemont
418 Main Street
Lemont, Il 60439
ORDINANCE NO. D -‘z' 9 f
OAKTREE /STEEPLES
RECAPTURE AGREEMENT
WHEREAS, RANQUIST
HOME BUILDERS, INC. , (herein-
after referred to as "RANQUIST "), developed a certain single family subdivision along Archer
Avenue, known as "OAK TREE", located in the VILLAGE OF LEMONT, and MCARCHER
DEVELOPMENT, its successors and/or assigns, (hereinafter referred to as "MCARCHER "),
developed a certain townhouse development along Archer Avenue, known as "THE STEEPLES ",
located in the VILLAGE OF LEMONT, (hereinafter referred to as the "VILLAGE); and
WHEREAS, RANQUIST and MCARCHER have extended a sanitary sewer line that was
requested by the VILLAGE to provide a municipal sanitary sewer to serve additional property
that was not owned by RANQUIST and MCARCHER; and
WHEREAS, the VILLAGE determined, upon advice and recommendations of its Village
Engineers, (hereinafter sometimes referred to as "VILLAGE ENGINEERS") that it is in the best
interest of the community that any sanitary sewer mains and lift station be designed, constructed
and routed in such manner as to be capable of serving a larger area of land, which presently lies
within and outside the VILLAGE limits; and
WHEREAS, RANQUIST and MCARCHER has constructed such a sanitary sewer system
including a lift station, (hereinafter sometimes referred to as the "OAK TREE /STEEPLES
EXTENSION ") upon the understanding that the VILLAGE would provide by appropriate
1
ordinance and related procedures for RANQUIST and MCARCHER to recapture an equitable
portion of the cost thereof from other lands to benefit therefrom; and
WHEREAS, the OAK TREE /STEEPLES EXTENSION has been fully completed by
RANQUIST and MCARCHER at its own expense.
WHEREAS, RANQUIST and MCARCHER have submitted Bills of Sale for the water
and sewer utilities in exchange for the Village's Recapture Ordinance herein.
NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the President and
Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, that:
Section 1. The OAK TREE /STEEPLES EXTENSION plans, specifications and cost
estimates are hereby approved.
Section 2. The entire cost of construction of the OAK TREE /STEEPLES EXTENSION
(including, without limitation, all legal and engineering fees and expenses), has been determined
by the VILLAGE.
Section 3. In order to effect a fair and equitable allocation of the entire cost of the OAK
TREE /STEEPLES EXTENSION between RANQUIST and MCARCHER and others who might
be benefitted in the future, it is hereby determined that the total recapture cost entitled to
recovery shall be FOUR HUNDRED EIGHTY FIVE THOUSAND DOLLARS AND 00 /100
DOLLARS ($485,000.00) plus interest as described herein allocated among person or persons
from time to time owning property within the sewer benefit area identified on the shaded areas
on the map attached hereto and made a part hereof and identified as Exhibit "A ", based upon the
following allocation:
2
FROM :
.315'1
•
• gee tti9 s elm FOromoP01%.OS
!x_tttso
erzoltx
Oak TT'S 0247-200-008)
2 Swim v2.214O3427)
3 mow Home 0.3-274W003)
4 , e& le& O (2247401 -011)
5 1 -14x Vadra ten (22.27. 201 412)
b • .Tab% dti Swop•
(2247- 201-0OS ,007.008 & 013)
7 Na►oea (2247.303.001)
g Los 1 *WSW
) Ow
PHONE NO. : 630 243 0958
46808 S
19.27 32.49% 5157,599.24
20.01 33.84% $164,142.02
9 Mkno4/Wbita H$e (2-21- 3O1-004
10 Parcel 2247401 -016
11 lasted 22.27401.020
12 Parcel 22-27- 501-028
13 Pesoe! 22 -27.401435
14 H0Home 0247-202.001)
TOTAL
Jun. 15 1998 03:16PM P3
• P. 2/3
o
)611//'
A11ogaon Mooted .Ae.
.
0.763 1.29% $ 6.240.18
1.044 1.76% s 8,53833
0.883 1A9% S 7,221.59
3.806 6.42% 8 31,127.28
0.559 1.30% s 7,270.67.
0.911 1.54% 5 7,450.59
0.887 1.50% $ 7,254.31
2.218 $.14% $ 18339.56
1.109 1,87% 5 9,069.93
0.876 1.48% S 7,16495
1.576 3.66% S t2,889.2.$
ALJO.
NIA
WA
100% 56,240.18
50/50 $4.269.16 $4.769.16
5o/S0 53.610.80 33,410.60
62138 519.29911 .911,37 -
50/50 33.635.33 • $3.636.33
50/50 83,225.30 53.725.30
50/80 53,621.15 53.627.15
50130 $9,069.93 39.069.93
50150 84.534.97 84.534.91
50/50 $3381.17 8302.17
50150 86,444.64 :56.444.64
94 520- 39.
WAWA CA'
Section 4. Before the recapture arca, or any part thereof, shall be connected directly or
int lrectly to the OAK TIME/STEEPLES EXThNS ON, the applicant for such•conneetiam shall
y to the Village Bulldlng Dint the prescribed recapture gee plus interest for each lot or
pt reel to be connected for the use, benefit, and purpose hereinafter specified. No building
• xmkts are to be Issued for the recapture area unfit; the recapture amounts are•paid.
3
..cl
"q
CAI
PROM
PHONE NO. : 630 243 0958
1,16 /414i36 • a •' ...
. 3U'i 05 99 09$ 1, AM ANTONOPOIJLOS
Jun. 15 1998 03:16PM P2
P.3/3
The 'Milne Treasurer shall pay over t4 Lk NQUIST and MCARCI1D jointly all
• %Capu
re fee charges upon receipt thereof until RANQUIST andlifCA.RCIIMt have recoVSred
sum of ONi? HUNDRED SIXTY TAI TRiOUSAND UU FCC
the a! �/y.
74/100 DOLLARS (Sl63,258.74) ty pplicable Inteicst as described herein in PW
BIM TY AND
r recspture fees. All recapture fees shall be subject to tnccrest aE a rate of 8% per annum
for 8 maximum of 15 ram Interest shall accrue on the 1st day of January, 1991. .and shall cease
• to w otie at date of payment, or for a pedid4 of 15 ran whichever is less.
$cello 5. The pry office's of the V 11.,LAOE shall make 611 reasonable efforts to she
the d eopecdons of the Sewer Recapture Fee, but shall 'tsar be obligated to bring any suit
to c do= the Gaon of same, nor shall the VILLAGE or any of its officials be liable in wry
=emu for failure to make such collecdoos.
can 6. Nothing herein shall li nit or hi any Nay affect the rights of the'VIf.1AGG to
S
to VILLA Drip es, resolutions, modona or policies
aQi iCGt other f� � � P�
.% ttlding,
but not limited to, sewer comedian chaxge.s, as the rec, pwrc fees provided for herein
aro bit Addition to such Otter VILLAOE fees and charges:
' Sootion 7. RANQ11lST and MCAROCER have approved this Cranencc as being in
cofounIty with the udd g been itself and the VILLAGE relating to the coostruedon of
SO id sewer ayStem and releases the vn JAW of any tight to reimbursement in connection
".0
ct ereta.
SCd[on R. This Cnfmanes constitutes a condact berm RANQU1ST, MCARCi ER and
11 Et VILLAGE and may not be amended by such parties from time to time without the consent
4
of any other person owning land in the area to be served or paying connection fees after the date
of the enactment hereof.
Section 9. If any provisions of this Ordinance, or the application of such provision to any
person or circumstances shall be held invalid, the remainder of this Ordinance or the application
of such provision to persons or circumstances, other than those as to which is held invalid, shall
not be affected.
Section 10. That the foregoing provisions of this Ordinance shall terminate fifteen years
from the date of adoption or upon payment of said charges contemplated by this Ordinance. In
the event this Ordinance is challenged and Owner requests the Village to defend against said
challenge, Owner agrees to defend said action on behalf of the Village and pay all costs, expenses
and attorneys' fees incurred by the Village. If any section, paragraph, sentence or clause of this
Ordinance is held invalid, the remainder of this Ordinance shall continue in full force and effect.
Section 11. This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form. A copy of this Ordinance will be recorded in the
Cook County Recorder's Office.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, on
Barbara Buschman
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Mary Studebaker
, 1998.
AYES NAYS PASSED ABSENT
5
Approved by me this day of
ATTEST:
9R°7"5'2373 of 1.0
ENE M. SMOLLE
, 1998.
, illage Clerk
AI, JI, 11 di/A,
. SMOLLEN, 11 age Clerk
B:WILLAGENOAKTREE.STE
re...-••••••'
ACCEPTED BY:
, Village President
RANQUIST HOME BUILDERS, INC.
MCARCHER DEVELOPMENT
6
84/28/98 15:26 gt 638 257 1598
Approved by me thi
A' rTEST:
day of
UIL OF LEMONT P.88
v°41 0 '7 cl .71 777 _
ARLENE M. SMOLL
1998.
Ilagc Clerk
]-IARLENE M. S OL ENT,' i age Clerk
BA"ll.LAQUIPAKTREE.ST6
A. KWASNESKI, Village President
ACCEPTED BY:
RANQUIST Fl
UILDERS, INC.
MCARCHER DEVELOPMENT
6
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EXCEPTION
GLIINCAOLIS,1
^11 r
9R79073
9745/0019 35 001 Pagel of 10
1990- -09 -04 09z21:39
Cook County Recorder 39.50
ORDINANCE NO. a - &c !8
ORDINANCE APPROVING A RECAPTURE AGREEMENT
(Oaktree and Steeples Extension on Archer Avenue in Lemont, Illinois)
WHEREAS, the President and Board of Trustees have deemed it in the community's best
interest to enter into a Recapture Agreement , attached hereto as Exhibit "A" and made a part hereof;
and
WHEREAS, the Agreement would assure that Ranquist Home Builders and McArcher
Devlopment would recover $163,258.74 plus interest for the Oak Tree /Steeples Extension of water
& sewer mains in the vicinity of Mc.Carthy Road and Archer Avenue.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the
Village of Lemont, counties of Cook, Will and DuPage, Illinois, that the Village Board of Trustees
authorizes the President and Clerk to execute the attached Agreement.
98792373 page 20f 10
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on this 27th day of July
1998.
Barbara Buschman
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Mary Studebaker
Attest-
AYES NAYS PASSED ABSENT
V
V
01.
ENE SMOL E4 Village Clerk
Approved by me this 27th day of - I , 1998.
/JiLdA
C • 'ill A. WASNESKI Village President
CHARLENE SMOL EN, Village Clerk
Prepared by:
Planning Department
Village of Lemont
418 Main Street
Lemont, II 60439
4-
9R792373 Page 3 of 10
ORDINANCE NO. D -42- 9r
OAKTREE / STEEPLFS
RECAPTURE AGREEMENT
WHEREAS, RANQUIST
HOME BUILDERS, INC. , (herein-
after referred to as "RANQUIST "), developed a certain single family subdivision along Archer
Avenue, known as "OAK TREE ", located in the VILLAGE OF LEMONT, and MCARCHER
DEVELOPMENT, its successors and/or assigns, (hereinafter referred to as "MCARCHER "),
developed a certain townhouse development along Archer Avenue, known as "THE STEEPLES ",
located in the VILLAGE OF LEMONT, (hereinafter referred to as the "VILLAGE); and
WHEREAS, RANQUIST and `MCARCHER have extended a sanitary sewer line that was
requested by the VILLAGE to provide a municipal .sanitary sewer to serve additional property
that was not owned by RANQUIST and MCARCHER; and
WHEREAS, the VILLAGE determined, upon advice and recommendations of its Village
Engineers, (hereinafter sometimes referred to as "VILLAGE ENGINEERS") that it is in the best
interest of the community that any sanitary sewer mains and lift station be designed, constructed
and routed in such manner as to be capable of serving a larger area of land, which presently lies
within and outside the VILLAGE limits; and
WHEREAS, RANQUIST and MCARCHER has constructed such a sanitary sewer system
including a lift station, (hereinafter sometimes referred to as the "OAK TREE /STEEPLES
EXTENSION ") upon the understanding that the VILLAGE would provide by appropriate
1
9P-79'
— 7 3 Page 4 of 10
ordinance and related procedures for RANQUIST and MCARCHER to recapture an equitable
portion of the cost thereof from other lands to benefit therefrom; and
WHEREAS, the OAK TREE /STEEPLES EXTENSION has been fully completed by
RANQUIST and MCARCHER at its own expense.
WHEREAS, RANQUIST and MCARCHER have submitted Bills of Sale for the water
and sewer utilities in exchange for the Village's Recapture Ordinance herein.
NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the President and
Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, that:
Section 1. The OAK TREE /STEEPLES EXTENSION plans, specifications and cost
estimates are hereby approved.
Section 2. The entire cost of construction of the OAK TREE /STEEPLES EXTENSION
(including, without limitation, all legal and engineering fees and expenses), has been determined
by the VILLAGE.
Section3. In order to effect a fair and equitable allocation of the entire cost of the OAK
TREE /STEEPLES EXTENSION between RANQUIST and MCARCHER and others who might
be benefitted in the future, it is hereby determined that the total recapture cost entitled to
recovery shall be FOUR HUNDRED EIGHTY FIVE THOUSAND DOLLARS AND 00 /100
DOLLARS ($485,000.00) plus interest as described herein allocated among person or persons
from time to time owning property within the sewer benefit area identified on the shaded areas
on the map attached hereto and made a part hereof and identified as Exhibit "A ", based upon the
following allocation:
2
FROM :
4L! • /y..Ml
•i
•
PHONE NO. : 630 243 0958
ql 189 etso 'r ANTOMOP0ULOS
Jun. 15 1998 03:16PM P3
P.2/3
• Z1
pelt Tree 0.247-200-0010
2 (22.2740027)
Atot+sr 3Wme k12-27400-003)
4 • MAL Gams 07.201 -011)
4 ' -IJitx 195484' (2.247-201-01$)
(22-37.20i.04 ,00roos & 013)
7 Moen f,447403401)
2 - 400-009)
9 Mkn001.4114 8er, mai-sot-cog
10 Puce! 7.401416
11 Tama 22.37401420
12 Paled 22-27- 401-024
13 PazeM 2247.4014035
14 . Horne
Q2-27-202.001)
VOTAL
,,��.,��l!�� , Manta Afl6e te410W
t
19.27 $2.49% S151,599.24
20.01 3$.$4% 5164.142.02
0.763 1.29% $ 6,240.18
1.044 t., s 8,$3333
0.883 1.449% s 7,231.59
4.42% 1131,127.28
3.806
NIA
100%
30150
50150
62/33
$6,240.18
$4.269.16
$3.610.$0 '
519,298,91
$4.249.16
*3,610.80
'911,37 -
0.09 1.50% $ 7,21047. 50150 53,635.32 . 33,635,93
1.S4% 3 7,450.59 50150 $3,125.90 83,725.30
1.50% 8 7,234.31 50/80 53.627,1$ $3.627.1$
18,139.56 5050 89.060.93 89,069.93
=.7411► �
1.87% 1 9469.93 50/50 54.534.97 54,534.97
1.48% 8 7.16415 50/50 0.582.17. • 33,182.1,7
2.66% j 12.88918 0/00 56.444.64 36,444.64
2 L% i.42.$234$ Matta. SilMfult
3 ssultA vAlLu3
0.911
' 0.887
2.218
1.109
0.876
1.576
Section 4. Before the recapture arca, or any part thereof, shalt be connoted directly or
Jim h ectly to the OAK Y /STE EPLES EXTENSprt, the applicant for such'canne0tion shall
pp y to tb+e Village Building Depattercoc the pte4crlbod recapture
fee plus interest for each lot or
Weal to be connected for the use, benefit, and gurpose hereinafter specified. No building
1 train are to be Issued for ate recapture area =lithe recapture amounts emp..d.
3
C.�
0
hh
PHONE NO. : 630 243 0959 Jun. 15 1998 03:16PM P2
P.3/a
.,,' , 3'U1:1 05 90 0,40LAM ANTONOPOULOS
f'
r....Yi
The 'Village TroMmter !hall pay over to Iv' +N . AST end MCAR41 ii+*R jointly all
• }i7
Maputo fee charges upon receipt thereof until RANQU1s'1' and IVICA.RCIta have recoisred
• ilusicsake wet of ONi? NUMMI S XiY TURftlm THOUSAND TWO #UNIMMID F 'TY
� tntcicsc as de�cribcd herein in
E O rC1� AND 74/100 DOLLARS ($163,258.74) F applicable
. War n?erapiwxe
fees. All recapture foes shall be s tb$ c;t to tueetc.st at. a rate Of 8% per ammo
for $ maximum of 15 yam. Intone shall some on the 1st day of Joreary, i99?, and shall cease
• tq aMtle at date of payment, or for a period-of 15 wars whichever is 1eM.
r pfjoets of the V1 LAAOFr s!�) wake r 11 a +ble efforts to make
Rio®► �.. P
Recapture Fee, but 513211: .not be ob1ig ICci to bring *2 f suit
�.: �esa►iQ col�d4ns of the Sewer Rac�p
to
c doltC Ott collection of same, nor shall the VILLACil or any of its officials be i blc.in any
ma finer for White e to 111A110 such coliecdo•
won 6. Nothing here n shell'loan }t.or !a‘ ai.ay way affect the rigs, 'of 'the :VILLAGE to
• co l left other fees and chaps pursuant to 'gx,dic noes, resolutions, motions or policies
c tudin but m ilmlta'to, sewer connection Ones, as the recaps fees provided for herein
art: in addition to such Oibtr VILLAGE fees and cues.
5ac
. � don 7. IiANQ � 11IST and MCARc have approved tbls Ordumnee as being in
n f nug With the ut�� tit Itself and rite VILLAGE relating to .the canatrucdarc of
CG �
s* 4 scwcr system and releases the \TILLAGE of any tir,ht *0 rdv nirsGrnet3t in connection NO
' tt
Onto. NO
Section R. This Ordinance constitutes a contiact between RANQUTZI , MCARCHER end I %)
U c V LLAQE and may not be amended by such p arties from dine to time without the consent ;; �
I II
4
9 -�-�r
987 3 �� �
Page 7 of 10
of any other person owning land in the area to be served or paying connection fees after the date
of the enactment hereof.
Section 9. If any provisions of this Ordinance, or the application of such provision to any
person or circumstances shall be held invalid, the remainder of this Ordinance or the application
of such provision to persons or circumstances, other than those as to which is held invalid, shall
not be affected.
Section 10. That the foregoing provisions of this Ordinance shall terminate fifteen years
from the date of adoption or upon payment of said charges contemplated by this Ordinance. In
the event this Ordinance is challenged and Owner requests the Village to defend against said
challenge, Owner agrees to defend said action on behalf of the Village and pay all costs, expenses .
and attorneys' fees incurred by the Village. If any section, paragraph, sentence or clause of this
Ordinance is held invalid, the remainder of this Ordinance shall continue in full force and effect.
Section 11. This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet 'form. A copy. of this Ordinance will be recorded in the
Cook County Recorder's Office:
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, on
this day of
Barbara Buschman
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Mary Studebaker
, 1998.
AYES NAYS PASS P ASSENT
v
V
5
Approved by me this ,,Z1-40,- day of
9879'2373 •
Page of 10
B : \V1LLAOE\OAKTREE. STE
ACCEPTED: BY:
RANQUIST HOME BUILDERS, INC.
MCARCHER DEVELOPMENT
6
r . .
04128/98 13826 a 630 237 1398
Approved by me thi
day of
VIL OF LEMONT P.08
98`"r77 7 Page 9 of 10
, 1998.
RD A. KWASNESKI, Village President
8:WILLAQIIWAKTRrsF. STI
ACCEPTED) BY:
RANQUIST H r I : UILDERS, INC.
MCARCHER DEVELOPMENT
6