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O-597-88 09/12/880 0 ORDINANCE NO. 597 WHEREAS, a Petition was filed by Bell Oak Development Corporation requesting that a 16 foot wide alley lying South of and adjoining Lot 9 in Lemont Gardens Subdivision be vacated; and WHEREAS, the Village Trustees of the Village of Lemont, conducted a public hearing pursuant to notice in connection with the said vacation; and WHEREAS, no evidence was presented in objection to said vacation and it is in the best interest of the Village of Lemont to vacate said alley. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont that the following described property be vacated: Of a 16 foot wide alley lying South of and adjoining Lot 9 in Lemont Gardens Subdivison of Lots 13 and 14 in County Clerk's Division of Section 29, Township 37 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. and that a Plat of Vacation be prepared and approved by the Gn GO President and Clerk in accordance with the above - described legal ci c description. C This Ordinance shall be in full force and effect from and aNd after its passage, approval and publication in the manner provided' by law. All ordinances or parts of ordinances in conflict herewith shall be and the same are hereby repealed. • 3o The Village Clerk of the Village of Lemont shall certify to the adoption of this Ordinance and cause the same to be published in pamphlet form. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTY OF COOK, ILLINOIS, on this /c?Z day of J 4J . -�t� , 1988. AYES NAYS PASSED TohhsC-“N KW CiSS ri es k i r\ C�(>� 61 7/7 CHARLENE M. SMOLLEN, Village Clerk Approved by me this !a (day of 1 j'/ " �/U , 1988. NELSON, Vill ge P e id Attest: t' CHARLENE M. SMOLLEN, , ' Asti Village Clerk -2- ORDINANCE NO. 66 6 BELL OAK DEVELOPMENT RECAPTURE WHEREAS, BELL OAK DEVELOPMENT CORPORATION, (hereinafter sometimes referred to as "DEVELOPER "), own certain residential property fronting on Short Street and East Street located in the VILLAGE OF LEMONT (hereinafter sometimes referred to as "VILLAGE "); and WHEREAS, DEVELOPER'S land was not served by sanitary sewer or water and the DEVELOPER was requested by the VILLAGE to provide a municipal sanitary sewer and water; and WHEREAS, the VILLAGE determined, upon advice and recommendation of its Village Engineers (hereinafter sometimes referred to as "VILLAGE ENGINEERS ") that it was in the best interest of the community that any sanitary sewer and 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 the VILLAGE limits; and WHEREAS, the DEVELOPER offered to construct such a sanitary sewer system and water mains (hereinafter sometimes referred to as "BELL OAK EXTENSION") upon the understanding that the VILLAGE would provide by appropriate ordinance and related procedures for the DEVELOPER to recapture an equitable portion of the cost thereof from other lands to benefit therefrom; and WHEREAS, the construction of the BELL OAK EXTENSION has been fully completed by the DEVELOPER at his own expense. NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the President and Board of Trustees of the Village of Lemont, County of Cook, Illinois, that: Section 1. The BELL OAK EXTENSION heretofore completed by the DEVELOPER is hereby approved and accepted, being substantially in accordance with the plans and specifications heretofore approved by the Village Engineer. Section 2. The entire cost of construction of the BELL OAK EXTENSION (including, without limitation, all legal and engineering fees and expenses), has been determined by VILLAGE. Section 3. In order to effect a fair and equitable allocation of the entire cost of the BELL OAK EXTENSION between the DEVELOPER and others who might be benefitted in the future, it is hereby determined that the DEVELOPER shall be entitled to recover sum of FIFTY TWO THOUSAND FOUR HUNDRED EIGHTY AND 00 /100 DOLLARS ($52,480.00) allocated among person or persons from time to time owning property within the sewer and water benefit area identified on the shaded areas on the map attached hereto as Exhibit "A" and made a part hereof, based upon the following formula: LOT FRONTAGE x TOTAL COST SERVICE LENGTH EXAMPLE: 181 X $52,480 = $12,853.69 739 Section 4. Before the recapture area, or any part thereof, shall be connected directly or indirectly to the BELL OAK EXTENSION, the applicant for such connection shall pay to the Village Treasurer the prescribed recapture fee for each lot to be connected for the use, benefit, and purpose hereinafter specified. The Village Treasurer shall pay over to the DEVELOPER all recapture fee charges upon receipt thereof until the DEVELOPER has recovered the aggregate sum of FIFTY TWO THOUSAND FOUR HUNDRED EIGHTY AND 00 /100 DOLLARS ($52,480.00) in sewer and water recapture fees. Section 5. The proper officers of the VILLAGE shall make all reasonable efforts to make the aforesaid collections of Sewer Recapture Fee, but shall not be obligated to bring any suit 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, resolutions, motions or policies including, but not limited to, sewer and water connection charges, as the recapture fees provided for herein are in addition to such other VILLAGE fees and charges. Section 7. The DEVELOPER has approved this Ordinance as being in conformity with the undertaking between itself and the VILLAGE relating to the construction of said sewer and water system and releases the VILLAGE of any right to reimbursement in connection thereto. Section 8. This Ordinance constitutes a contract between the DEVELOPER 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. All ordinances or parts of ordinances in conflict with this Ordinance is hereby repealed. Section 11. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form. Passed this Ayes: .J Nays: .? . day of , 1990. Absent: Gam--' Approved this 4% day of /'/6c'�� , 1990. - Attested and filed in my office this day of 1, �a — 1 . b:. ...� • Jt_cAk4_.t f. ! ! ( 0 Accepted By: BELL OAK DEVELOPMENT CORPORATION By: President B: \ORDINANC \BELLOAK:PAP Village Clerk, Village of Lemont, County of Cook 39 - f1p, h" f\� •4Z J L -ill ' y -/23 , a h • ' n , 1 n. ,•.." •, 1, b c 1) t� o 0 16 VI I 1 I I 1 . /1/ -./2 2 VI -003 SHORT /• / 2 f - 001 e \.S0 2 2 / 5 b 0 4 /12 72 9 - 0 /J 7,7 - o /-! 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[ 41 4 0/2. 11 {a K L /NTZ sr N. /4 014 1 -0.1C f2 70 /3 r -01! 7• /2 -021 9 r i e 1 y 70 a , •021 4, • M n '13 -014 , ` •' icor t: t.lZu 5T. y -0/7 r- 8 -o/e u/4. /0 •010 ow -011 i _n _; _ . TT[ i D fi \Ny THIS DOCUMENT 8 88530007 3 m1 AJ 3 r1? 6 c; rr ka =mon1 i 1L 6013?' C E R T I F I C A T I 0 N I, CHARLENE M. SMOLLEN, certify that I am the duly elected and acting municipal clerk of the VILLAGE OF LEMONT, Cook County, Illinois. I further certify that on the 12th day of September , 19 88 3 the corporate Authorities of such municipality passed and approved Ordinance No. 597 , entitled: Vacation of a 16 foot alley lying south of lot 9 in Lemont Gardens Subdivision requested by Bell Oak Development. which provided by its terms that it should• be published in pamphlet form. THE pamphlet form of Ordinance No. 597 , including the Ordinance an a cover sheet thereof was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on the 12th day of September , 1988 , and continuing for at least 10 Ct GO days thereafter. Copies of such Ordinance were also available CI for public inspection upon request in the office of the municipal 0 clerk. DATED at Lemont, Illinois, this 12th day of september , 19 88 —88-5300T: d (SEAL) Muni' 44 r k ' 1 PLAT OF VACATION ) rb 49, 4A176x.711. Vr9k i 71/ 4=-4 i .67■10A, r: 8ud./.041K. -40)40,07-- 426 //t4iv AIO I/ 7: /-1-.4 33 Lomc of Ulineic:0 C,c,ii-Ity of' C'unk 29 ":"*.,JrT"-TOyiTIr, 00 hm-e-ey tho drawn, Ail in e a o'L the it of r-Hu".•. more , 12 ot ea-"1.9 ' V` 1 2 2 2 - aAe NOS DOES NOT MOW THE COMO CLERK'S ENDORSEMENT mono 110 MIMS Si. COM 4211 WANK LAW OF WON& /6 2