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HomeMy Public PortalAboutOrdinance 2832ORDINANCE NO. 2832 AN ORDINANCE ADOPTING AN AGREEMENT AUTHORIZING REIMBURSEMENT FOR THE CONSTRUCTION OF IMPROVEMENTS BENEFICIAL TO THE PUBLIC FOR THE VILLAGE OF PLAINFIELD WHEREAS, the VILLAGE is authorized by the Illinois Municipal Code (65 ILCS 5/9-5-1 et. seq.) to enter into agreements to provide for the recapture of offsite improvement costs. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, AS FOLLOWS: That the Agreement Authorizing Reimbursement for the Construction of Improvements Beneficial to the Public for the Village of Plainfield which is attached hereto and made a part hereof, is hereby adopted by the President and Board of Trustees of the Village of Plainfield. This Ordinance shall be in full force and effect from and after its passage, approval and filing as required by law. PASSED THIS 2nd DAY OF February, 2009. AYES: Fay, Lamb, Manning, Dement NAYS: None ABSENT: Racich, Vaupel APPROVED THIS 2nd DAY OF February, 2009. VILLAGE OF PLAINFIELD BY: ATTEST: VILLAGE CLERK GE PRESIDENT Updated 5/6/04 11 11 11 i i 11 621e.i ktj 1. '9 DE. e.1d. G I L.L.ET 'b k. HEN1)F LL C UUNTY, IL RECORDED: 3/6/2089 2:59 P11 ASR: 68.88 RHSPS RE: 18.88 PAWS: 15 AN AGREEMENT AUTHORIZING REIMBURSEMENT FOR THE CONSTRUCTION OF IMPROVEMENTS BENEFICIAL TO THE PUBLIC PINS for BENEFITING PROPERTIES: Will County: 07-01-30-100-003 07-01-30-100-007 07-01-30-100-011 07-01-30-100-012 07-01-30-300-004 07-01-30-300-005 07-01-30-300-006 07-01-30-300-007 07-01-30-400-003 07-01-30-400-004 07-01-30-400-007 Kendall County: 03-25-200-004 03-25-200-003 03-25-200-002 THIS AGREEMENT AUTHORIZING REIMBURSEMENT FOR CONSTRUCTION OF IMPROVEMENTS BENEFICIAL TO THE PUBLIC is entered into this 2nd day of February, 2009 (hereafter referred to as the "AGREEMENT") by and between the VILLAGE OF PLAINFIELD, a municipal corporation located in Will and Kendall County, Illinois, (hereafter referred to as VILLAGE) and FIRST NATIONAL BANK, AS TRUSTEE UNDER AGREEMENT #8132, DATED DECEMBER 1, 2004 (hereafter referred to "DEVELOPER"). 128652/2 Page __ of STATE OF ILLINOIS ) ) SS. COUNTY OF WILL ) 11 IIIIIIIIIIIII IIII1I IIIIt!VIMI III 82009029291 Receipt # T20090030031 Karen A. Stukel Will County Recorder 15P JD Date 03/11/2009 Time 14:32:16 Recording Fees: $35.75 IL Rental Hsng. Support Program: $0.00 I, Michelle Gibas, the duly appointed Village Clerk of the Village of Plainfield, Will and Kendall Counties, Illinois, do hereby certify that the above and foregoing is a true and correct copy of an Agreement Authorizing Reimbursement for the Construction of Improvements Beneficial to the Public for off -site sewer improvements in Heggs Road between 119th and 127th Streets. IN WITNESS WHEREOF, this 20th day of Febrrry, 2009. MICHELLE GIBAS, VILLAGE CLERK (SEAL) Updated 5/6/04 AN AGREEMENT AUTHORIZING REIMBURSEMENT FOR THE CONSTRUCTION OF IMPROVEMENTS BENEFICIAL TO THE PUBLIC PINS for BENEFITING PROPERTIES: Will County: 07-01-30-100-003 07-01-30-100-007 07-01-30-100-011 07-01-30-100-012 07-01-30-300-004 07-01-30-300-005 07-01-30-300-006 07-01-30-300-007 07-01-30-400-003 07-01-30-400-004 07-01-30-400-007 Kendall County: 03-25-200-004 03-25-200-003 03-25-200-002 THIS AGREEMENT AUTHORIZING REIMBURSEMENT FOR CONSTRUCTION OF IMPROVEMENTS BENEFICIAL TO THE PUBLIC is entered into this 2nd day of February, 2009 (hereafter referred to as the "AGREEMENT") by and between the VILLAGE OF PLAINFIELD, a municipal corporation located in Will and Kendall County, Illinois, (hereafter referred to as "VILLAGE") and FIRST NATIONAL BANK, AS TRUSTEE UNDER AGREEMENT #8132, DATED DECEMBER 1, 2004 (hereafter referred to "DEVELOPER"). 128652/2 Page of Updated 5/6/04 WHEREAS, DEVELOPER is the owner of record of real estate described in Exhibit "A" (hereinafter referred to as the STEWART RIDGE PARCEL"); and WHEREAS, DEVELOPER has made certain offsite sewer utility improvements across the frontage of STEWART RIDGE PARCEL a distance of 1138.83 feet and extending south of the STEWART RIDGE PARCEL a distance of 1,650 feet (hereinafter referred to as "SEWER UTILITY IMPROVEMENTS"); and WHEREAS, the SEWER UTILITY IMPROVEMENTS are valuable and substantial improvements benefiting property described in Exhibit "B" and shown in Exhibit "C" which are attached hereto and made a part hereof and which are further described as the "BENEFITING PROPERTY"; and WHEREAS, it is the opinion of the corporate authorities of the VILLAGE that such SEWER UTILITY IMPROVEMENTS benefit the property described in Exhibit "B"; and WHEREAS, the VILLAGE is authorized by the Illinois Municipal Code (65 ILCS 5/9-5-1 et. seq.) to enter into agreements to provide for the recapture of offsite improvement costs. NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, the parties hereto agree as follows: SECTION 1 The foregoing recitals are hereby incorporated by reference into the body of this AGREEMENT as if fully set forth and repeated. SECTION 2 The cost of the SEWER UTILITY IMPROVEMENTS, as described in Exhibit "B", attached hereto and made a part hereof, have been estimated in the sum of one hundred thirty-five thousand, two hundred twenty-one and 27/100 (135,221.27) dollars. The DEVELOPER shall be entitled to recapture eighty-three and 47/100 percent (83.47%) of those costs constituting the SEWER UTILITY IMPROVEMENTS in the amount of one hundred twelve thousand, eight hundred seventy-four and 77/100 (112,874.77) dollars from the BENEFITING PROPERTY as described in Exhibit "B." At the time the VILLAGE accepts the improvements for which recapture is sought, the DEVELOPER will have 60 days to file said certified costs with the Village. Should the DEVELOPER fail to file said certified costs within 60 days, this AGREEMENT will become null and void. VILLAGE acceptance, for the purposes of recapture, will occur at the time of the Village Board reduces the 128652/2 Page of Updated 5/6/04 DEVELOPER'S performance guarantee (letter of credit or bond) for recapturable improvements. The VILLAGE recognizes certain improvements may occur in stages, therefore the following certification process is permitted: A) Roadways: Certification may occur in two phases. Phase one may include: excavation, sub -base, base course, binder course, curb and gutter, sidewalk, and storm sewer. Phase two encompasses all remaining improvements which may include final surface course, striping, and lighting. B) Water and sanitary sewer: Certification will occur in one phase: at completion. SECTION 3 The VILLAGE agrees to assist the DEVELOPER in collecting said sum of one hundred twelve thousand, eight hundred seventy-four and 77/100 (112,874.77) dollars from the BENEFITING PROPERTY for SEWER UTILITY IMPROVEMENTS, including requiring said payment as a condition of any final plat of subdivision or before any building permits are issued, whichever occurs first, as to the BENEFITING PROPERTY. SECTION 4 The payment set forth in the preceding paragraph, plus any applicable interest, when collected by the VILLAGE, shall be promptly paid to the DEVELOPER as soon as practical after the first (1st) day of the month following the month of the receipt of such payments but, in any event, no later than the thirtieth (30th) day of the month following the month of this receipt. SECTION 5 The term of this AGREEMENT shall remain in full force and effect until the earlier of which occurs (i) such time as the DEVELOPER has been fully reimbursed for that portion of the reimbursement attributable to the BENEFITING PROPERTY as herein provided; or (ii) ten (10) years from the date of this AGREEMENT. SECTION 6 Interest at the rate of four percent (4%) per annum will be charged on any unpaid amounts beginning two years after the completion and acceptance of the VILLAGE of said improvements or execution of this AGREEMENT, whichever occurs sooner. An administrative fee shall be charged at the rate of two percent (2%) of the total recapturable amount payable to the VILLAGE to cover administrative costs of the recapture agreement. SECTION 7 Furthermore, the VILLAGE shall not be obligated to make any payments to the DEVELOPER unless said recapture funds are actually received from the 128652/2 Page ___ of Updated 5/6/04 BENEFITING PROPERTY owners. Also, the DEVELOPER shall bear all costs of enforcing or defending the implementation of this AGREEMENT and shall hold the VILLAGE harmless and pay on behalf of the VILLAGE and its officers any damages assessed them as a result of the entry into or enforcement of this AGREEMENT. SECTION 8 The VILLAGE shall make efforts to forward any recapture payment amounts as set forth herein, 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 to the DEVELOPER or his successors or assigns in any manner for failure to make such collections. SECTION 9 Any modifications to the VILLAGE'S standard recapture agreement provisions are set forth in Exhibit D. The DEVELOPER and VILLAGE agree that should any conflicts between Exhibit D and the text of this AGREEMENT exist, the provisions of Exhibit D shall supersede those of the text. SECTION 10 Any notice to be given or served hereunder or under any document or instrument executed pursuant hereto shall be in writing and shall be: (i) delivered personally, with receipt requested therefore; or (ii) sent by telecopy facsimile; or (iii) sent by a recognized overnight courier service; or (iv) delivered by United States registered or certified mail, return receipt requested, postage prepaid. All notices shall be addressed to the parties at their respective addresses set forth below, and the same shall be effective: a) upon receipt or refusal if delivered personally or by telecopy facsimile; b) one (1) business day after depositing such with an overnight courier service; or c) two (2) business days after the deposit in the mail, if mailed. A party may change its address for receipt notices by service of a notice of such change in accordance herewith. All notices by telecopy facsimile shall be subsequently confirmed by U.S. certified or registered mail. If to the VILLAGE: Village Clerk Village of Plainfield 24401 W. Lockport Street Plainfield, IL 60544 If to DEVELOPER: 128652/2 Fry Properties, Inc. 2244 W. 95th Street Naperville, Illinois 60564 Page of Updated 5/6/04 SECTION 11 If any provision, clause, word or designation of this AGREEMENT is held to be invalid by any court or competent jurisdiction, such provision, clause, word or designation shall be deemed to be excised from this AGREEMENT and the invalidity thereof shall not affect any other provision, clause, word or designation contained herein. Notwithstanding the foregoing, if a court of competent jurisdiction determines by final order that the amount of the fees or interest payable hereunder exceeds the amount that may be recaptured by the DEVELOPER under currently existing or subsequently enacted by law, then such amount shall be automatically reduced to such amount as the court then determines would conform to such requirements of law so that the provision establishing the fees and interest payable maybe given force and effect. The parties agree all actions instituted to enforce this AGREEMENT shall be commenced and heard in the Circuit Court of Will County, Illinois, and hereby waive venue in any other court of competent jurisdiction. APPROVED THIS 2nd DAY OF FEBRUARY, 2009. /ATTEST: 1 VILLAGE CLERK VILLAGE OF PLAINFI BY: PREPARED BY AND RETURN TO: VILLAGE OF PLAINFIELD 24401 W. LOCKPORT STREET PLAINFIELD, IL 60544 ATTN: VILLAGE CLERK 128652/2 ILLAGE PRESIDENT this ,(_day of J Q. OTARY PUBLIC Subscribed and s orn to before me 2009. ?-4840 OFFICIAL SEAL DARLENE A ENGLE NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES:05/02/11 Page _ of Updated 5/6/04 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY BEING DEVELOPED WITH OFFSITE IMPROVEMENTS PARCEL ONE (INCLUDES ANCILLARY PARCEL A) THAT PART OF THE FRACTIONAL NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID NORTHWEST QUARTER 2103.35 FEET TO A POINT HEREINAFTER REFERRED TO AS "POINT A"; THENCE SOUTHERLY ALONG SAID EAST LINE 168.0 FEET; THENCE WESTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 89 DEGREES 14 MINUTES 14 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 445.93 FEET; THENCE NORTHERLY, PARALLEL WITH SAID EAST LINE 171.93 FEET FOR THE POINT OF BEGINNING; THENCE EASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 88 DEGREES 43 MINUTES 58 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 446.0 FEET TO "POINT A"; THENCE NORTHERLY ALONG SAID EAST LINE 591.27 FEET TO THE SOUTH LINE OF THE NORTHERLY 70.000863 ACRES OF SAID FRACTIONAL NORTHWEST QUARTER; THENCE WESTERLY ALONG SAID SOUTH LINE 2022.14 FEET TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE SOUTHERLY, ALONG SAID WEST LINE, 1130.90 FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, 680.75 FEET TO A POINT ON SAID SOUTH LINE WHICH IS 1349.72 FEET (MEASURED ALONG SAID SOUTH LINE) WESTERLY OF THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE NORTHERLY PARALLEL WITH SAID EAST LINE, 565.92 FEET; THENCE EASTERLY 904.0 FEET TO THE POINT OF BEGINNING IN WHEATLAND TOWNSHIP, WILL COUNTY, ILLINOIS. PARCEL TWO THAT PART OF THE FRACTIONAL NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, 2271.35 FEET; THENCE WESTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 89 DEGREES 14 MINUTES 14 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 445.93 FEET; THENCE NORTHERLY, PARALLEL WITH SAID EAST LINE 171.93 FEET FOR THE POINT OF BEGINNING; THENCE SOUTHERLY PARALLEL WITH SAID EAST LINE, 343.86 FEET; THENCE EASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF 90 DEGREES 15 MINUTES 30 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 445.90 FEET TO SAID EAST LINE; THENCE SOUTHERLY ALONG SAID EAST LINE 211.21 FEET TO THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE WESTERLY, ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER, 1349.72 FEET; THENCE NORTHERLY, PARALLEL WITH SAID EAST LINE 565.92 FEET; THENCE EASTERLY 904.0 FEET TO THE POINT OF BEGINNING IN WHEATLAND TOWNSHIP, WILL COUNTY, ILLINOIS. 128652/2 Page _ of Updated 5/6/04 EXHIBIT B DESCRIPTION OF BENEFIT AREA & ACTUAL COSTS FOR UTILITY IMPROVEMENTS OFFSITE LOT 1 DRINKALL/BECKER PARCEL DEED IN TRUST R89-006320 07-01-30-300-006 LEGAL DESCRIPTION: THE SOUTH 450 FEET OF THE NORTH 1650 FEET OF THE EAST 1394 FEET OF THE SOUTHWEST QUARTER OF SECTION 30 TOWNSHIP 37 NORTH RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, TOWNSHIP OF WHEATLAND, COUNTY OF WILL, STATE OF ILLINOIS OFFSITE LOT 2 PRANGA TRUST PARCEL WARRANTY DEED R93-067366 07-01-30-300-007 LEGAL DESCRIPTION: THE SOUTH 213 FEET OF THE NORTH 1200 FEET OF THE EAST 1394 FEET OF THE SOUTHWEST QUARTER OF SECTION 30 TOWNSHIP 37 NORTH RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, TOWNSHIP OF WHEATLAND, COUNTY OF WILL, STATE OF ILLINOIS OFFSITE LOT 3 PRANGA TRUST PARCEL DEED IN TRUST R89-006321 07-01-30-300-005 LEGAL DESCRIPTION: THE SOUTH 213 FEET OF THE NORTH 987 FEET OF THE EAST 1394 FEET OF THE SOUTHWEST QUARTER OF SECTION 30 TOWNSHIP 37 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, TOWNSHIP OF WHEATLAND, COUNTY OF WILL, STATE OF ILLINOIS OFFSITE LOT 4 BECKER/MILEHAM PARCEL DEED IN TRUST R2004-025789 07-01-30-300-004 LEGAL DESCRIPTION: THE NORTH 774 FEET OF THE EAST 1394 FEET OF THE SOUTHWEST QUARTER OF SECTION 30 TOWNSHIP 37 NORTH, RANGE 9, EAST OF THE 128652/2 Page of Updated 5/6/04 THIRD PRINCIPAL MERIDIAN, TOWNSHIP OF WHEATLAND, COUNTY OF WILL, STATE OF ILLINOIS OFFSITE LOT 5 PRANGA TRUST PARCEL 07-01-30-400-003 LEGAL DESCRIPTION: THE WEST '/2 OF THE SOUTHEAST '/4 OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN IN WILL COUNTY, ILLINOIS, EXCEPT THAT PART THEREOF LYING SOUTH OF A LINE, WHICH LINE RUNS FROM A POINT OF THE WEST LINE OF SAID WEST '/2, TO A POINT ON THE EAST LINE OF SAID WEST 1/2, WHICH POINT IS 593.87 FEET SOUTH FROM THE NORTHEAST CORNER OF SAID WEST '/2. OFFSITE LOT 6 JANA SCRIVNER PARCEL 07-01-30-400-007 LEGAL DESCRIPTION: THE NORTH 341 FEET OF THE SOUTH 1455.19 FEET OF THE WEST '/2 OF THE SOUTHEAST 'A OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPLE MERIDIAN, IN WILL COUNTY, ILLINOIS. OFFSITE LOT 7 L. MUEHLING PARCEL 07-01-30-400-004 LEGAL DESCRIPTION: THAT PART OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 9 EAST, LYING SOUTH OF A LINE WHICH RUNS FROM A POINT ON THE WEST LINE OF SAID WEST 1/2, WHICH POINT IS 590.81 FEET SOUTH FROM THE NORTHWEST CORNER OF SAID WEST 1/2 TO A POINT ON THE EAST LINE OF SAID WEST 1/2, WHICH POINT IS 593.87 FEET SOUTH FROM THE NORTHEAST CORNER OF SAID WEST 1/2 (EXCEPT FROM SAID PART OF THE SOUTH 44.19 ACRES OF THE SAID WEST 1/2 OF THE SOUTHEAST 1/2). KUHN PROPERTIES P.I.N. 07-01-30-100-012 THE EAST 1008.30 FEET, AS MEASURED ALONG THE NORTH LINE OF THE NORTH 70.000863 ACRES OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN IN WHEATLAND TOWNSHIP, WILL COUNTY, ILLINOIS AND CONTAINING 35.000 ACRES. 128652/2 Page of Updated 5/6/04 P.I.N. 07-01-30-100-011 THE NORTH 70.000863 ACRES OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THE EAST 1008.30 FEET, AS MEASURED ALONG THE NORTH LINE THEREOF, IN WHEATLAND TOWNSHIP, WILL COUNTY, ILLINOIS AND CONTAINING 35.000 ACRES. BROSSMAN PROPERTIES 03-25-200-003 THAT PART OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, 1328.70 FEET; THENCE WESTERLY FORMING AN ANGLE OF 90 DEGREES, 24 MINUTES, 45 SECONDS, TO THE RIGHT WITH THE LAST DESCRIBED COURSE EXTENDED, 2622.67 FEET TO A POINT ON THE WEST LINE OF SAID QUARTER SECTION 1323.80 FEET SOUTH OF THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH ALONG SAID WEST LINE 1323.80 FEET TO THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, 2618.27 FEET TO THE POINT OF BEGINNING. EXCEPT THE FOLLOWING: PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE NORTH 89 DEGREES, 02 MINUTES 39 SECONDS EAST ALONG THE NORTH LINE OF SAID SECTION 25, 835.50 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89 DEGREES, 02 MINUTES, 39 SECONDS EAST, 317.50 FEET; THENCE SOUTH 00 DEGREES, 57 MINUTES, 21 SECONDS EAST ALONG A LINE WHICH IS PERPENDICULAR TO THE PREVIOUSLY DESCRIBED COURSE, 411.59 FEET; THENCE ALONG A LINE WHICH IS PARALLEL TO THE NORTH LINE OF SAID SECTION 25, SOUTH 89 DEGREES, 02 MINUTES, 39 SECONDS WEST, SAID LINE ALSO BEING PERPENDICULAR TO THE PREVIOUSLY DESCRIBED COURSE, 317.50 FEET; THENCE NORTH 00 DEGREES, 57 MINUTES, 21 SECONDS WEST ALONG A LINE WHICH IS PERPENDICULAR TO THE PREVIOUSLY DESCRIBED COURSE, 411.59 FEET TO THE POINT OF BEGINNING, ALL IN OSWEGO TOWNSHIP, KENDALL COUNTY, ILLINOIS. 128652/2 Page of Updated 5/6/04 03-25-200-002 THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, 1328.70 FEET; THENCE WESTERLY FORMING AN ANGLE OF 90 DEGREES, 24 MINUTES, 45 SECONDS, TO THE RIGHT WITH THE LAST DESCRIBED COURSE EXTENDED, 2622.67 FEET TO A POINT ON THE WEST LINE OF SAID QUARTER SECTION 1323.80 FEET SOUTH OF THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH ALONG SAID WEST LINE 1323.80 FEET TO THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, 2618.27 FEET TO THE POINT OF BEGINNING), IN THE TOWNSHIP OF OSWEGO, KENDALL COUNTY, ILLINOIS. 03-25-200-004 PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE NORTH 89 DEGREES, 02 MINUTES 39 SECONDS EAST ALONG THE NORTH LINE OF SAID SECTION 25, 835.50 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE NORTH 89 DEGREES, 02 MINUTES, 39 SECONDS EAST, 317.50 FEET; THENCE SOUTH 00 DEGREES, 57 MINUTES, 21 SECONDS EAST ALONG A LINE WHICH IS PERPENDICULAR TO THE PREVIOUSLY DESCRIBED COURSE, 411.59 FEET; THENCE ALONG A LINE WHICH IS PARALLEL TO THE NORTH LINE OF SAID SECTION 25, SOUTH 89 DEGREES, 02 MINUTES, 39 SECONDS WEST, SAID LINE ALSO BEING PERPENDICULAR TO THE PREVIOUSLY DESCRIBED COURSE, 317.50 FEET; THENCE NORTH 00 DEGREES, 57 MINUTES, 21 SECONDS WEST ALONG A LINE WHICH IS PERPENDICULAR TO THE PREVIOUSLY DESCRIBED COURSE, 411.59 FEET TO THE POINT OF BEGINNING, ALL IN OSWEGO TOWNSHIP, KENDALL COUNTY, ILLINOIS. EXCLUDED LOT 1 (BLOGG) P.I.N. 07-01-30-100-007 LEGAL DESCRIPTION: THE EASTERLY 50 FEET OF THAT PART OF THE FRACTIONAL NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER, THENCE SOUTH ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, 2,103.35 FEET FOR A POINT OF BEGINNING: THENCE SOUTH ALONG SAID EAST LINE 168.0 128652/2 Page of Updated 5/6/04 FEET; THENCE WESTERLY ALONG THE NORTH LINE OF THE PROPERTY CONVEYED BY DOCUMENT NO. R78-38449, 445.93 FEET; THENCE NORTH PARALLEL WITH SAID EAST LINE 171.93 FEET; THENCE EASTERLY ALONG A LINE FORMING AN ANGLE OF 88 DEGREES 43 MINUTES 58 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER -CLOCKWISE THEREFROM) 446.0 FEET TO THE POINT OF BEGINNING, IN WHEATLAND TOWNSHIP, IN WILL COUNTY, ILLINOIS. COMMONLY KNOWN AS: 12226 S. HEGGS ROAD, PLAINFIELD, ILLINOIS 60585 EXCLUDED LOT 2 (STEWART) P.I.N. 07-01-30-100-003 LEGAL DESCRIPTION: THE EASTERLY 50 FEET OF THAT PART OF THE FRACTIONAL NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE SOUTH ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, 2,271.35 FEET FOR A POINT OF BEGINNING; THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 90 DEGREES 45 MINUTES 46 SECONDS WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 445.93 FEET; THENCE SOUTH PARALLEL WITH SAID EAST LINE 171.93 FEET; THENCE EASTERLY ALONG A LINE FORMING AN ANGLE OF 90 DEGREES 15 MINUTES 30 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 445.90 FEET TO SAID EAST LINE; THENCE NORTH ALONG SAID EAST LINE 168.0 FEET TO THE POINT OF BEGINNING, IN WILL COUNTY, ILLINOIS. COMMONLY KNOWN AS: 12230 S. HEGGS ROAD, PLAINFIELD, ILLINOIS 60585 128652/2 Page of 40/9/9 palePdfl VILLAGE OF PLAI NFIELD - STEWART RIDG E H EGGS RO AD OFFSITE SEWER IMP ROV EM ENTS REC APTUR E Recapt ure by Proposed Service Acreage PIN OWNER PARCEL PERCENTAGE SHARE OF SHARE OF SH ARE OF SHARE OF TOT AL COST STEWART AREA C ONST RUCTION ENGINEERIN G E ASE MENT LEGAL SH ARE OF RIDGE AC COST COST COST COS T IMPRO VEMENT RECAPTURE 01-30-300-006 Dri nk al1Becker 14.400 3.62% $ 4,064.75 $ 271 .47 $ 522.66 $ 33.77 $ 4,892.65 $ 4,892.65 01-30-300-007 Pranga Tr ust 6 .816 1.71% $ 1,923.98 $ 128.50 $ 247.39 $ 15.99 $ 2,315 .85 $ 2 ,315.85 01-30-300-005 Prangs Tr ust 6.816 1.71% $ 1,923.98 5 128 .50 $ 247.39 $ 15.99 $ 2,315 .85 $ 2,315.85 01-30-300-004 Becker/Mileham 24.770 622% $ 6,991 .93 $ 466 .97 $ 899.04 $ 58 .09 $ 8,416.04 $ 8,416 .04 01-30-400-003 Pr anga Trust 17.795 4 .47% $ 5 ,023.07 $ 335.48 $ 645.88 $ 41.73 $ 6,046.16 $ 6,046.16 01-30-400-007 Jana SWvn er 10 .350 2 .50% $ 2,921.54 $ 195 .12 $ 375.66 $ 24 27 $ 3 ,516.59 $ 3,516.59 01-30-400-002 L Muehling 17.795 4 .47% $ 5,023 .07 $ 335.48 $ 645.88 $ 41 .73 $ 6,046 .16 5 6,046.16 01-30-100-007 Blogg 1.730 0.43% $ 488.33 $ 32.61 $ 62.79 $ 4.06 $ 587.80 $ 587 .80 01-30-100-003 Stew art 1.740 0.44% $ 491.16 $ 32 .80 $ 63.15 $ 4.08 $ 591.20 $ 591.20 Multiple Pin s Stewart Ridge 65 .770 16.53% 5 18,565.17 $ 1,239 .92 $ 2,387 .16 $ 154.25 $ 22,346.49 $ - 01-30-100-012 Richard Kuhn 35 .00 8.79% $ 9,879.59 $ 659.83 $ 1,270 .35 $ 82.09 5 11,891.86 $ 11,891.86 01-30-100-011 Ric hard Kuhn 35.00 8.79% $ 9,879.59 $ 659.83 $ 1,270 .35 $ 82.09 $ 11,891.86 5 11,891.86 03-25-200-004 Ro y Grossman 3 .00 0 .75% $ 846 .82 $ 56.56 $ 108.89 $ 7.04 $ 1,019.30 $ 1,019.30 03-25-200-003 R oy Brossman 77 .00 19.35 % $ 21,735.10 $ 1,451.63 $ 2,794.76 $ 180 .59 $ 26,162.08 $ 26,162.08 03-25-200-002 Roy Brossman 80.00 20.10% $ 22,581 .93 $ 1,508.18 $ 2,903.65 $ 187.62 $ 27,181.38 $ 27 ,181.38 397 .982 100 .00% $ 112,340 .00 $ 7,502.88 $ 1 4,445 .00 $ 933.39 $ 135,221.27 $ 112,874.77 NOTE 1 STEWART R ID GE RECA PTURE EQUAL TO AM OUNT OF STEWART RIDG E CONTIBUTION FOR CER TIFIED CONSTRUCTION OF O FFSITE SEWER IM PRO VEMENTS ALONG HEGGS R OAD COSTS DMDED BY THE TOTAL AREA OF BENEFIT . $ 135,22117 1397.982= $ 339.77 PER AC RE Share = the a mo unt a property will contribute towa rds the improvements. Rec apture = the amount to be colle cted from benefited properties. T OTAL STEW ART RIDGE RECAPTURE $ 112,874.77 TOTAL STEWART RIDGE C OSTS $ 22 ,346 .49 Updated 5/6/04 EXHIBIT C MAP OF BENEFIT AREA 1 128652/2 2 7. 1 ti ulned •ryd 9S:1£16 600Z/2Z/1 'NVS 3115dd0'O^^P'11B1HX3 3Nf11dtl03N3iif11dY03iA6tOl£ZM:O Page of Updated 5/6/04 EXHIBIT D AMENDMENTS TO AGREEMENT 1. Term of Recapture Agreement Due to the cost of the UTILITY IMPROVEMENTS, the term of this AGREEMENT shall remain in full force and effect until the earlier of the following: (i) such time as the DEVELOPER has been fully reimbursed for that portion of the reimbursement attributable to the BENEFITING PROPERTY as herein provided; or (ii) the latter of ten (10) years from the date of completion of the UTILITY IMPROVEMENTS and acceptance by the VILLAGE or ten (10) years from the date of this Agreement. 2. Payment of Recapture The entire amount due for the entire BENEFITING PROPERTY (not just the portion of the BENEFITING PROPERTY which is being developed or subdivided) shall be paid upon annexation, subdivision or development of any portion of the BENEFITING PROPERTY. 128652/2 Page of