O-41-99 04/26/1999w.
994 9283
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1999 -05 -06 10:56:31
Cook .•it`t } Recorder 37.5:0
ORDINANCE NO. ,
ORDINANCE APPROVING A RECAPTURE AGREEMENT
(Mallard Development, Harper's Grove Subdivision)
1 Illi 1
99439283
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 Mallard would recover $21,100.00 plus 8%
interest to cover the cost of over sizing water mains that will service other nearby properties; and
WHEREAS the proposed recapture delineates 17 parcels which may directly benefit from
the extension of the water mains; and
WHEREAS all properties, including the Harper's Grove Subdivision, will proportionately
share in the excess utility extension costs.
NOW, 'THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the
Village of Lemont, counties of Cook, Will and DuPave, Illinois, that the Village Board of Trustees
authorizes the President and Clerk to execute the attached Agreement.
99439283
PASSED AND APPROVED BY 1'HE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on this a 6 day of
1999.
Barbara Buschman
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Mary Studebaker
Attest:
AYES NAYS PASSED ABSENT
bY
l.�
v
ENE SMOLLEN, Village Clerk
Approved by me this d day o
HARLENE SMOLLEN, Village Clerk
Prepared by:
Planning Department
Village of Lemont
418 Main Street
Lemont, I160439
HARD. KWASNESKI, Village President
APPROVED AS TO FORM:
DATE
VILLAGE ATTORNEY
ORDINANCE NO.
MALLARD DEVELOPMENT
HARPER'S GROVE
WATER MAIN RECAPTURE
AGREEMENT
994:3928
WHEREAS, MALLARD
DEVELOPMENT CO. (hereinafter
sometimes referred to as
"MALLARD "), owns certain
residential property on the West side of State Street known as "Harper's Grove Subdivision ",
located in the VILLAGE OF LEMONT, (hereinafter sometimes referred to as "VILLAGE "); and
WHEREAS, MALLARD'S land is served by sanitary sewer and MALLARD was
requested by the VILLAGE to provide a water main to service additional property not owned by
MALLARD; and
WHEREAS. the VILLAGE determined, upon advice and recommendation of its Village
Engineers, (hereinafter sometimes referred to as "VILLAGE ENGINEERS ") that it is in the best
interest of the community that any water mains 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, MALLARD has offered to construct such a water main. (hereinafter
sometimes referred to as "MALLARD EXTENSION ") upon the understanding that the
VILLAGE would provide by appropriate ordinance and related procedures for MALLARD to
recapture an equitable portion of the cost thereof from other lands to benefit therefrom; and
99439283
WHEREAS, the MALLARD EXTENSION has been fully completed by MALLARD at
its own expense.
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 MALLARD EXTENSION plans, specifications and cost estimates are
hereby approved by the Village Engineer.
Section 2. The entire cost of construction of the MALLARD 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
MLALLARD EXTENSION between MALLARD and others who might be benefitted in the
future, it is hereby determined that MALLARD shall be entitled to recover the sum of TWENTY
ONE THOIJSAND ONE HUNDRED AND 00/100 DOLLARS ($21,100.00) plus applicable
interest as described herein allocated among person or persons from time to time owning property
within the water main 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:
Property Footage Pro -Rated
22 -32- 200 -018 120 ft. $1,074.25
22 -32- 200 -004 82.50 ft. $ 738.54
22 -32- 200 -005 82.50 ft. 3 738.54
22 -32 -200 -006 165 ft. $1,477.09
22 -32- 200 -028 65 ft. 3 581.88
22 -32- 200 -029 100 ft. 3 895.21
22 -32 -200 -008 160 ft. 31,432.33
22-32 -200 -009 150 ft. 31.342.81
22 -32- 200 -013 185 ft. 31,656.13
22 -32 -202 -001 180 ft. 51,611.37
22 -32 -202 -020 270 ft. 32.41 7.06
22 -32 -202 -011 82.5 ft. $ 738.54
22- 32- _02 -0_3 155.5 ft. 31.392.05
22-3_'-20531,566.51
-003 1 %3 Ft.
22- 32- 206 -001 100 ft. $ 895.21
22 -32- 206 -002 109 ft. $ 975.77
22 -32 -202 -018 175 ft. $1.566.61
TOTAL 2,357ft. $21,100.00
994 :392h
Section 4. Before the recapture area, or any part thereof, shall be connected directly or
indirectly to the MALLARD EXTENSION, the applicant for such connection shall pay to the
Village Building Department the prescribed recapture fee for each lot or parcel to be connected
for the use, benefit, and purpose hereinafter specified.
The Village Treasurer shall pay over to MALLARD all recapture fee charges upon receipt
thereof until MALLARD has recovered the aggregate sum of TWENTY ONE THOUSAND
ONE HUNDRED AND 00 /100 DOLLARS ($21,100.00) plus applicable interest as described
herein in water main recapture fees. All recapture fees shall be subject to interest at a rate of 8%
per annum for a maximum of 10 years. Interest will accrue upon passage of thus Ordinance and
shall cease to accrue at date of payment, or for a period of 10 years whichever is less.
Section 5. The proper officers of the VILLAGE shall make all reasonable efforts to make
the aforesaid collections of the Water Main Recapture Fee, but shall not be obligated to bring any
suite to enforce the collection of same, nor shall the VILLAGE or any of its officials be liable in
any manner for failure to make such collections.
Section 6. Nothing herein shall limit or in any way affect the rights of the VILLAGE to
collect other fees and charges pursuant to VILLAGE ordinances, resolution, motions or policies
including, but not limited to, sewer connection charges, as the recapture fees provided for herein
are in addition to such other VILLAGE fees and charges.
99439283
Section 7. MALLARD has approved this Ordinance as being in conformity with the
undertaking between itself and the VILLAGE relating to the construction of said water system
and releases the VILLAGE of any right to reimbursement in connection thereto.
Section 8. This Ordinance constitutes a contract between MALLARD and the VILLAGE
and may not be amended by such parties from time to time without the consent 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 ten 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.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUN 1"11✓S OF COOK. WILL AND DUPAGE, ILLINOIS, on
this 4 day of nri -t- - , 199 9' .
•
r r
r
Barbara Buschman
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Mary Studebaker
AXES NAYS PASSED AIMEE
v
Approved by me this d da
ATTEST:
ENE M. S OLLEN, Village Clerk
,1999.
CHARLENE A. SMOLLEN, Village Clerk
APPROVED AS/TO FORM:
4alis A ark 166.
e -Th A. K ` ASNESKI, Village President
ACCEPTED BY:
MALLARD DEVELOPME I CO.
John P. Antonopaoulos, Village Attorney
3: VII. L.IGE` HARPER. REC
V2 N. W. 1/4 Sec. 32-37-11
LEMONT
99439283
W½ N.E. Vs Sec. 32-37-11
LEMONT
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