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
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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
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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").
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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
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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
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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:
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Fry Properties, Inc.
2244 W. 95th Street
Naperville, Illinois 60564
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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
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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.
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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
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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.
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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.
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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
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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
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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
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2
7.
1
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ulned •ryd 9S:1£16 600Z/2Z/1 'NVS 3115dd0'O^^P'11B1HX3 3Nf11dtl03N3iif11dY03iA6tOl£ZM:O
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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.
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