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2008-0396/02/2008 Vill Image# 043537250007 Type: ORD Recorded: 07/03/2008 at 10:28:14 AM Receipt#: 2008 - 00035687 Total Amt: $32.00 Pape 1 of 7 IL Rental Housing Fund: $0.00 Lake County IL Recorder Mary Ellen vanderventer Recorder File6366778 ORDINANCE NO. 2008- 39 AN ORDINANCE PROVIDING FOR THE RECOUPMENT OF ADVANCES FOR CONSTRUCTION OF WATER MAIN AND SANITARY SEWER ALONG MAIN STREET WHEREAS, the Village of Buffalo Grove, Cook and Lake Counties, Illinois, an Illinois municipal corporation (hereinafter sometimes referred to as "Village"), is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the Town of Vernon, an Illinois Township, is hereinafter sometimes referred to as "Township'; and WHEREAS, the Township has caused the construction of certain public improvements, including but not by way of limitation, water main, sanitary sewer and related appurtenances thereto (hereinafter referred to as the "Recapture Improvements ") in order to serve the Township property commonly known as the Prairie View Metra Station; and WHEREAS, the Village and the Township have agreed that inasmuch as the water main and sanitary sewer will benefit neighboring properties not owned by the Township, that the Township should recover a proportionate amount of the cost of construction of the Recapture Improvements from the benefited owners; and, WHEREAS, it was in the best interest of the Village that the Recapture Improvements be constructed as a public improvement in order to provide a method for the orderly development of the service area; and, WHEREAS, it is equitable and fair that the owners of the benefited parcels share the cost and expense for the Recapture Improvements on a proportionate basis; and, WHEREAS, the "Benefited Parcels ", as shown on "Exhibit A" attached hereto and made a part hereof, are legally described as follows: PARCEL 1: LOT 1 IN BLOCK 1 IN A.G. MAETHERS SUBDIVISION, A SUBDIVISION RECORDED JUNE 30, 1925, AS DOCUMENT NO. 260397, IN LAKE COUNTY, ILLINOIS. PIN: 15 -16- 307 -004 PARCEL 2: THAT PART OF LOT 33 OF SCHOOL TRUSTEES SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING ON THE WEST LINE OF THE DEPOT GROUNDS 280.50 FEET SOUTH OF THE NORTHWEST CORNER OF SAID DEPOT GROUNDS; THENCE WEST 102 FEET; THENCE SOUTH 100 FEET; THENCE EAST 141 FEET; THENCE NORTHERLY ALONG SAID DEPOT GROUNDS 108 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. PIN: 15 -16- 300 -017 PARCEL 3: THAT PART OF LOT 33 OF SCHOOL TRUSTEES SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE DEPOT GROUNDS; THENCE WEST 215 FEET; THENCE NORTH 116 FEET; THENCE EAST 217 FEET TO THE WEST LINE OF MAIN STREET; THENCE SOUTHEAST ALONG THE WEST LINE OF MAIN STREET TO THE NORTH LINE OF THE DEPOT GROUNDS; THENCE WEST 45 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. PIN: 15 -16- 300 -008 PARCEL 4: THAT PART OF LOT 33 OF SCHOOL, TRUSTEES SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE DEPOT GROUNDS; THENCE SOUTH 260 FEET; THENCE EAST 102 FEET TO THE WEST LINE OF SAID DEPOT GROUNDS; THENCE NORTHERLY ALONG SAID WEST LINE TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. PIN NOS. 15 -16- 300 -009, 15 -16- 300 -011, 15- 16-300 -013, 15 -16- 300 -014, AND 15 -16- 300 -015 PARCEL 5: LOTS 2 THROUGH 5 INCLUSIVE IN BLOCK 1 IN A.G. MAETHERS SUBDIVISION, A SUBDIVISION RECORDED JUNE 30, 1925, AS DOCUMENT NO. 260397, AND THE EAST 72.50 FEET OF THE FOLLOWING TRACT OF LAND: BEGINNING AT A POINT 205 FEET WEST AND 260 FEET SOUTH OF THE NORTHWEST CORNER OF THE DEPOT GROUNDS; THENCE EAST 145 FEET; THENCE NORTH 100 FEET; THENCE WEST 145 FEET; THENCE SOUTH 100 FEET TO THE POINT OF BEGINNING OF THE TRACT BEING DESCRIBED, ALL IN LAKE COUNTY, ILLINOIS. PIN NOS. 15- 16- 307 -001, 15 -16- 307 -002, 15- 16- 307 -003, 15 -16- 307 -005, AND 15- 16 -300- 027. WHEREAS, the cost of the Sanitary Sewer Recapture Improvements is as follows: CONTRACT ITEM QUANTITY U/M UNIT PRICE EXTENSION 8" D.I. Sanitary Sewer 67 LF $42.70 $2,860.90 8" PVC SDR 26 Sanitary Sewer 946 LF $49.20 $46,543.20 4'-0" Diameter Manhole 5 EACH $2,80D.00 $14,000.00 Directional Bore 8" Sanitary Sewer 142 LF $225.00 $31,950.00 Trench Backfill 350 CY $55.00 $19,250.00 Core, Install Boot, and Connect to Existing Manhole 1 EACH $800.00 $800.00 10" CMP Storm Sewer 14 LF $50.00 $700.00 10" FES 2 EACH $600.00 $1,200.00 Remove Ex. Storm Sewer 15 LF $40.00 $600.00 Remove Ex. Bituminous Pavement 415 SY $7.00 $2,905.00 Replace Bit. Pavement 415 SY $49.50 $20,542.50 Remove Ex. Concrete Pavement 15 SY $40.00 $600.00 Replace Concrete Pavement 15 SY $195.00 $2,925.00 Remove Ex. Aggregate Drivewa 15 SY $10.00 $150.00 Replace Aggregate Drivewa 15 SY $20.00 $300.00 Remove Ex. Sidewalk 230 SF $5.00 $1,150.00 Replace Sidewalk 230 SF $15.00 $3,450.00 Remove Ex. Curb and Gutter 50 LF $15.00 $750.00 Replace Curb and Gutter 50 LF 1 $55.00 $21750.00 Silt Fence 405 LF 1 $4.001 $1,620.00 Ground Restoration & Seeding 580 LF $12.00 $6,960.00 Inlet Protection - Filter Fabric 3 EACH $100.00 $300.00 Ditch Check 1 EACH $150.00 $150.00 Tree Removal 1 EACH $4,000.00 $4,000.00 Tree Protection Fence 55 LF $5.00 $275.00 Remove & Reinstall Ex. Mailbox 1 EACH $300.00 $300.00 Remove & Replace Retaining Wall 20 SF $100.001 $2,000.00 Engineering Fees 1 ILS $7,000.00 $7,000.00 Remove Ex. Bituminous Pavement I $7.00 $2,345.00 TOTAL 335 1 $49.50 1 $176,031.60 WHEREAS, the Township's benefit of the Sanitary Sewer Recapture Improvements has been determined to be 16.67% or $29,338.60; and, WHEREAS, it has been agreed that the amount to be recaptured ( "Recapture Amount ") from the Benefited Parcels is as follows: RECAPTURE PARCEL PROPORTIONAL SHARE AMOUNT 1 20% $ 29,338.60 2 20% $ 29,338.60 3 20% $ 29,338.60 4 20% $ 29,338.60 5 20% $ 29,338.60 Total Recapture Amount $146,693.00 WHEREAS, the cost of the Watermain Recapture Improvements is as follows: CONTRACT CONSTRUCTION ITEM QUANTITY U/M UNIT PRICE EXTENSION 6" Ductile Iron Water Main 5 LF $50.00 $250.00 8" Ductile Iron Water Main 675 LF $55.00 $37,125.00 Trench Backfill 250 CY $55.00 $13,750.00 8" Valve and Vault 2 EACH $2,800.00 $5,600.00 Plug and Block 8" Water Main 1 EACH $1,000.00 $1,000.00 Fire Hydrant with Auxiliary Valve 1 EACH $3,200.00 $3,200.00 Dry Connection 1 EACH $1,500.00 $1,500.00 Remove Ex. Bituminous Pavement 335S $7.00 $2,345.00 Replace Bit. Pavement 335 SY $49.50 $16,582.50 Ground Restoration & Seeding 50 SY $12.00 $600.00 Inlet Protection - Filter Fabric 2 EACH $100.00 $200.00 En ineerin Fees 1 LS $7,000.00 $7,000.00 TOTAL 1 $89,152.50 3 WHEREAS, the Township's benefit of the Watermain Recapture Improvements has been determined to be 25% or $22,288.14; and, WHEREAS, it has been agreed that the amount to be recaptured ("Recapture Amount) from the Benefited Parcels is as follows: RECAPTURE PARCEL PROPORTIONAL SHARE AMOUNT 2 33% $ 22,288.12 3 33% $ 22,288.12 4 33% $ 22.28B.12 Total Recapture Amount $ 66,664.36 NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, in furtherance of its home rule authority, as follows: Section 1: The hereinbefore stated whereas clauses are incorporated herein and made a part hereof. Section 2: No person, firm, corporation, or other entity as owner of, or party interested in, or any contractor, agent, or other representatives of such owners or party interested in the property set forth above, shall connect to, or tap onto, the Recapture Improvements described without having first obtained a nermit from the Village. No permit shall be issued by the Village unless the applicant shall pay the Recapture Amount assigned to the Benefited Parcel plus interest at the rate of 6% per annum computed from the date of final acceptance of the Recapture Improvements by the Village. The first applicant for a permit from the Village for any Benefited Parcel shall pay the total Recapture Amount for that Parcel in one lump sump. The Recapture Amount paid to the Village shall be in addition to any other charges or fees due the Village or any other governmental entity for water and sewer services including, but no by way of limitation, tap -on fees, meter and sewer and water service charges. Section 3: Funds received by the Village of Buffalo Grove as and for the Recapture Amounts shall be remitted to Vernon Township less a five percent (5 %) collection charge which shall be retained by the Village as the cost of collection. It is understood that any payments to the Township shall be limited to the funds collected from the Benefited Parcels and payment made hereunder shall be solely out of said funds. This Ordinance shall not be construed as creating any obligation upon the Village to make payments from its general funds or revenue. Section 4: The Village shall endeavor in good faith to enforce the provisions hereof and to collect the Recapture Amount as established herein. It is understood that the Village shall not be liable in any way in the event that it shall fail, for any reason whatsoever, to collect or enforce the payment of the Recapture Amount. The Village's obligation is limited to the amount or amounts actually collected pursuant to the provisions of this Ordinance. Section 5: The Township shall indemnify, defend and save harmless the Village, its officers, agents and employees, from any and all actions, claims or demands arising out of the existenge, terms, administration, enforcement or attempted enforcement of any provision of this Ordinance. The Township will hold the Village, its officers, agents and employees, free and harmless from any costs, fees (including attorney's fees and expenses) or judgments which the r•u,:;;,�i,.ium�. ::,.`. s+.:.�.�....._+a�s:.:;.W.ta.i. .,.e �:a:.+_�. �t..:.v—'.s.:.tis._.: rte; ._ r.,.... _....._ �_ .._..__�. . _ ... _... __ _. _. Village, its officers, agents or employees may incur or become liable for pursuant to any such action, claim or cause of action. Section 6. In the event any part or portion of this Ordinance is held invalid or unenforceable by a court of competent jurisdiction, the remaining portions hereof shall continue in full force and effect Section 7: Any person, firm, corporation or other entity being the owners of any parties interested in any property herein above described or any contractor, agent or representative of such person, firm or corporation making any connection with the Recapture Improvements without first making application and paying the amounts required shall be subject to EMne of not less than $50.00, no more than $500.00. The Village shall have the right to enter on the property without notice or permission and remove all such connections so made in addition to all other remedies in law or equity. Section 8: The Recapture Improvements herein described are public improvements, title to which shall be vested in the Village of Buffalo Grove and nothing herein contained shall vest any proprietary rights in said improvements in any other person, firm, corporation or other entity. Section 9: This Ordinance shall only be enforceable and in effect until June 16, 2023. Section 10: This Ordinance shall be in full force and effect from and after its passage, approval, and publication. AYES: 5 - Braiman, Glover, Berma, Trilling, Rubin NAYES: 0 - None ABSENT: 1 - Kahn PASSED: June 16 2008 APPROVED: June 16 2008 PUBLISHED: June 17 2008 ATTEST: M. .de, Villag�` APPROVED: Village President 5 THIS DOCUMENT PREPARED BY: William Raysa, Esq. Raysa & Zimmermann, LLC. 22 South Washington Avenue Park Ridge, IL 60068 G:IENGINEER1Ord & Res10rd06 -6 6_02_08.doc RECORDER MAIL TO: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 -2198 U 1 TAX CO 106.6 109 TAX C4 7 oos 6670 W v 108.5 I 302 16.138 122 � 6� ooT 1 16638 W 1 100.5 2 16619 3 r *% 5006 ... 16622 W v IROCKMAN AVENUE 80 I 6a I nvz 73 WI 16649 W 1 16637 W 1 16621 W 1:1 2 1:g 3 1:3 4 2 J 1' °02 1 T r O 80 1 60 7920 2 7 1 6 1 5 006 1, 007 I 006 - .0 WI 1SS48 W I 166.6 W I 166-2 W 60 so 79.20 W667I "91 6371 1¢6291 I WM 6 5 4 3 2 1 2 1 003 1 004 I 014 00 1 �l 015 1 2 1 306 1 `rr 50 1 50 1 fio 1 60 ( _ 1 _50 — 8 009 c 10 176.4 N..... 9 p O 011 m 012 cl 216 \ — 10 VACATED ALLEY 00T �N 91 AC Z O 3 006 1.26 AC PROPOSED STREET i 166 ... 72.6... -10 1 024 025 .17AC .17AC 16606 W 16592 16690 W v EASTON 1 1 I �W rA � 010 9 31' t.6 Q 2 / 2800 oz7 /�4 1 026 67." % _ _140 207.44_ , 6jee��M OUTLOT A \,C 029 43 314 1 , 1 , ` P .07 - 46%'x.,\ 18.1 go t 017 N .y .27 AC to JAJ 0 1 i'.14 AVENUE ✓ l w °Y I °Y i CC 165951 i )&7)1 5 g, 001 S _ 1 I 04 6 008 1 7 307 Q 162 — — LL _ a1 8 60 ; X60 9 36. z T 004 �WC�1 ` A 2 005 .23 AC 020 ^pr •\ 199 •23 AC 021 300 a 21 9 Q1 ow, .26 AC 022 "EXHIBIT All BENEFITED PARCELS " ,\9.6 S Sw T 6/02/2008 ORDINANCE NO. 2008- 39 AN ORDINANCE PROVIDING FOR THE RECOUPMENT OF ADVANCES FOR CONSTRUCTION OF WATER MAIN AND SANITARY SEWER ALONG MAIN STREET WHEREAS, the Village of Buffalo Grove, Cook and Lake Counties, Illinois, an Illinois municipal corporation (hereinafter sometimes referred to as "Village"), is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the Town of Vernon, an Illinois Township, is hereinafter sometimes referred to as "Township "; and WHEREAS, the Township has caused the construction of certain public improvements, including but not by way of limitation, water main, sanitary sewer and related appurtenances thereto (hereinafter referred to as the "Recapture Improvements ") in order to serve the Township property commonly known as the Prairie View Metra Station; and WHEREAS, the Village and the Township have agreed that inasmuch as the water main and sanitary sewer will benefit neighboring properties not owned by the Township, that the Township should recover a proportionate amount of the cost of construction of the Recapture Improvements from the benefited owners; and, WHEREAS, it was in the best interest of the Village that the Recapture Improvements be constructed as a public improvement in order to provide a method for the orderly development of the service area; and, WHEREAS, it is equitable and fair that the owners of the benefited parcels share the cost and expense for the Recapture Improvements on a proportionate basis; and, WHEREAS, the "Benefited Parcels ", as shown on "Exhibit A" attached hereto and made a part hereof, are legally described as follows: PARCEL 1: LOT 1 IN BLOCK 1 IN A.G. MAETHERS SUBDIVISION, A SUBDIVISION RECORDED JUNE 30, 1925, AS DOCUMENT NO. 260397, IN LAKE COUNTY, ILLINOIS. PIN: 15- 16-307 -004 PARCEL 2: THAT PART OF LOT 33 OF SCHOOL TRUSTEES SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING ON THE WEST LINE OF THE DEPOT GROUNDS 280.50 FEET SOUTH OF THE NORTHWEST CORNER OF SAID DEPOT GROUNDS; THENCE WEST 102 FEET; THENCE SOUTH 100 FEET; THENCE EAST 141 FEET; THENCE NORTHERLY ALONG SAID DEPOT GROUNDS 108 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. PIN: 15-16-300-017 PARCEL 3: THAT PART OF LOT 33 OF SCHOOL TRUSTEES SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE DEPOT s STATE OF ILLINOIS) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on, June 16, 2008 the Corporate Authorities of the Village passed and approved Ordinance No. 2008 -39, AN ORDINANCE PROVIDING FOR RECOUPMENT OF ADVANCES FOR CONSTRUCTION OF WATER MAIN AND SANITARY SEWER ALONG MAIN STREET provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2008 -39, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing on June 17, 2008 and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 17 day of June, 2008. G"'� y ;/. Z4A41'-t1t4L,,--` V' ge Clerk By h i GROUNDS; THENCE WEST 215 FEET; THENCE NORTH 116 FEET; THENCE EAST 217 FEET TO THE WEST LINE OF MAIN STREET; THENCE SOUTHEAST ALONG THE WEST LINE OF MAIN STREET TO THE NORTH LINE OF THE DEPOT GROUNDS; THENCE WEST 45 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. PIN: 15- 16- 300 -008 PARCEL 4: THAT PART OF LOT 33 OF SCHOOL, TRUSTEES SUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE DEPOT GROUNDS; THENCE SOUTH 260 FEET; THENCE EAST 102 FEET TO THE WEST LINE OF SAID DEPOT GROUNDS; THENCE NORTHERLY ALONG SAID WEST LINE TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. PIN NOS. 15 -16- 300 -009, 15 -16- 300 -011, 15- 16- 300-013, 15 -16- 300-014, AND 15 -16- 300 -015 PARCEL 5: LOTS 2 THROUGH 5 INCLUSIVE IN BLOCK 1 IN A.G. MAETHERS SUBDIVISION, A SUBDIVISION RECORDED JUNE 30, 1925, AS DOCUMENT NO. 260397, AND THE EAST 72.50 FEET OF THE FOLLOWING TRACT OF LAND: BEGINNING AT A POINT 205 FEET WEST AND 260 FEET SOUTH OF THE NORTHWEST CORNER OF THE DEPOT GROUNDS; THENCE EAST 145 FEET; THENCE NORTH 100 FEET; THENCE WEST 145 FEET; THENCE SOUTH 100 FEET TO THE POINT OF BEGINNING OF THE TRACT BEING DESCRIBED, ALL IN LAKE COUNTY, ILLINOIS. PIN NOS. 15- 16- 307 -001, 15 -16- 307 -002, 15 -16- 307 -003, 15 -16- 307 -005, AND 15- 16 -300- 027. WHEREAS, the cost of the Sanitary Sewer Recapture Improvements is as follows: CONTRACT ITEM QUANTITY U!M UNIT PRICE I EXTENSION 8" D.I. Sanitary Sewer 67 LF $42.70 $2,860.96 8" PVC SDR 95 Sanitary Sewer 946 LF $49.20 $46,543.20 -0" Diameter Manhole 5 EACH $2,800.00 $14,000.00 Directional Bore 8" Sanitary Sewer 142 LF $225.00 $31,950.00 Trench Backfill 350 CY $55.00 $19,250.00 Core, Install Boot, and Connect to Existing Manhole 1 EACH $800.00 $800.00 10" CMP Storm Sewer 14 LF $50.00 $700.00 10" FES 2 EACH $600.00 $1,200.00 Remove Ex. Storm Sewer 15 LF $40.00 $600.00 Remove Ex. Bituminous Pavement 415 SY $7.00 $2,905.00 Replace Bit. Pavement 415 SY $49.50 $20,542.50 Remove Ex. Concrete Pavement 15 SY $40.00 $600.00 Replace Concrete Pavement 15 SY $195.00 $2,925.00 Remove Ex. Aggregate Drivewa 15 SY $10.00 $150.00 Replace Aggregate Driveway 15 SY $20.00 $300.00 Remove Ex. Sidewalk 230 SF $5.00 $1,150.00 Replace Sidewalk 230 SF $15.00 $3,450,00 Remove Ex. Curb and Gutter 50 LF $15.00 $750.00 Re lace Curb and Gutter 50 LF $55.001 $2,750.001 Silt Fence 405 LF $4.001 $1,620.00 2 Ground Restoration & Seeding580 PROPORTIONAL SHARE LF $12.00 $6,960.00 ,inlet Protection - Filter Fabric 3;E_' +CH $100.00 $300.00 Ditch Check 1 EACH $150.00 $150.00 Tree Removal 1 EACH $4,000.00 $4,000.00 Tree Protection Fence 55 LF $5.00 $275.00 Remove & Reinstall Ex. Mailbox 1 EACH $300.00 $300.00 Remove & Replace Retaining Wall 20 SF $100.001 $2,000.00 Engineering Fees 1 LS $7,000.00 $7,000.00 Remove Ex. Bituminous Pavement I SY $7.00 $2,345.00 TOTAL I SY 1 $176,031.60 WHEREAS, the Township's benefit of the Sanitary Sewer Recapture Improvements has been determined to be 16.67% or $29,338.60; and, WHEREAS, it has been agreed that the amount to be recaptured ( "Recapture Amount!) from the Benefited Parcels is as follows: RECAPTURE PARCEL PROPORTIONAL SHARE AMOUNT UNIT PRICE 1 20% $ 29,338.60 2 20% $ 29,338.60 3 20% $ 29,338.60 4 20% $ 29,338.60 5 20% $ 29.338.60 $13,750.00 Total Recapture Amount $146,693.00 WHEREAS, the cost of the Watermain Recapture Improvements is as follows: CONTRACT CONSTRUCTION ITEM QUANTITY U/M UNIT PRICE I EXTENSION 6" Ductile Iron Water Main 5 LF $50.00 $250.00 8" Ductile Iron Water Main 675 LF $55.00 $37,125.00 Trench Backfill 250 CY $55.00 $13,750.00 8" Valve and Vault 2 EACH $2,800.00 $5,600.00 Plug and Block 8" Water Main 1 EACH $1,000.00 $1,000.00 Fire Hydrant with Auxiliary Valve 1 EACH $3,200.00 $3,200.00 Dry Connection 1 EACH $11,50-0-0-0 $1,500.00 Remove Ex. Bituminous Pavement 335 SY $7.00 $2,345.00 Replace Bit. Pavement 335 SY $49.50 $16,582.50 Ground Restoration & Seeding 50 SY $12.00 $600.00 Inlet Protection - Filter Fabric 2 EACH $100.00 $200.00 Engineering Fees 1 LS $7,000.00 $7,000.00 TOTAL $89,152.50 3 9 F WHEREAS, the Township's benefit of the Watermain Recapture Improvements has been determined to be 25% or $22,288.14; and, WHEREAS, it has been agreed that the amount to be recaptured ("Recapture Amounr) from the Benefited Parcels is as follows: RECAPTURE PARCEL PROPORTIONAL SHARE AMOUNT 2 33% $ 22,288.12 3 33% $ 22,288.12 4 33% $ 22.288.12 Total Recapture Amount $ 66,864.36 NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, in furtherance of its home rule authority, as follows: Section 1: The hereinbefore stated whereas clauses are incorporated herein and made a part hereof. Section 2: No person, firm, corporation, or other entity as owner of, or party interested in, or any contractor, agent, or other representatives of such owners or party interested in the property set forth above, shall connect to, or tap onto, the Recapture Improvements described without having first obtained a permit from the Village. No permit shalt be issued by the Village unless the applicant shall pay the Recapture Amount assigned to the Benefited Parcel plus interest at the rate of 6% per annum computed from the date of final acceptance of the Recapture Improvements by the Village. The first applicant for a permit from the Village for any Benefited Parcel shall pay the total Recapture Amount for that Parcel in one lump sump. The Recapture Amount paid to the Village shall be in addition to any other charges or fees due the Village or any other governmental entity for water and sewer services including, but no by way of limitation, tap -on fees, meter and sewer and water service charges. Section 3: Funds received by the Village of Buffalo Grove as and for the Recapture Amounts shall be remitted to Vernon Township less a five percent (5 %) collection charge which shall be retained by the Village as the cost of collection. It is understood that any payments to the Township shall be limited to the funds collected from the Benefited Parcels and payment made hereunder shall be solely out of said funds. This Ordinance shall not be construed as creating any obligation upon the Village to make payments from its general funds or revenue. Section 4: The Village shall endeavor in good faith to enforce the provisions hereof and to collect the Recapture Amount as established herein. It is understood that the Village shall not be liable in any way in the event that it shall fail, for any reason whatsoever, to collect or enforce the payment of the Recapture Amount. The Village's obligation Is limited to the amount or amounts actually collected pursuant to the provisions of this Ordinance. Section 5: The Township shall indemnify, defend and save harmless the Village, its officers, agents and employees, from any and all actions, claims or demands arising out of the existence, terms, administration, enforcement or attempted enforcement of any provision of this Ordinance. The Township will hold the Village, its officers, agents and employees, free and harmless from any costs, fees (including attorney's fees and expenses) or judgments which the 4 Village, its officers, agents or employees may incur or become liable for pursuant to any such action, claim or cause of action. Section 6. In the event any part or portion of this Ordinance is held invalid or unenforceable ay a court of competent jurisdiction, the remaining portions hereof shall continue in full force and effect. Section 7: Any person, firm, corporation or other entity being the owners of any parties interested in any property herein above described or any contractor, agent or representative of such person, firm or corporation making any connection with the Recapture Improvements without first making application and paying the amounts required shall be subject to d`fine of not less than $50.00, no more than $500.00. The Village shall have the right to enter on the property without notice or permission and remove all such connections so made in addition to all other remedies in law or equity. Section 8: The Recapture Improvements herein described are public improvements, title to which shall be vested in the Village of Buffalo Grove and nothing herein contained shall vest any proprietary rights in said improvements in any other person, firm, corporation or other entity. Section : This Ordinance shall only be enforceable and in effect until June 16, 2023. Section 10: This Ordinance shall be in full force and effect from and after its passage, approval, and publication. AYES: 5 - Braiman, Glover, Berma, Trilling, Rubin NAYES: 0 - None ABSENT: 1 - Kahn PASSED: June 16 2008 APPROVED: June 16 .2008 PUBLISHED: June 17 , 2008 APPROVED: Village President ATTEST: Village�Mrk r THIS DOCUMENT PREPARED BY: RECORDER MAIL TO: William Raysa, Esq. Village Clerk Raysa & Zimmermann, LLC. Village of Buffalo Grove 22 South Washington Avenue 50 Raupp Boulevard Park Ridge, IL 60068 Buffalo Grove, IL 60089 -2198 G:\ENGINEER1Ord & Res\Ord06 -6 6 02 08.doc 0 \.�✓ r 2 1 3132' f66T9 006 TAX Co E,16.138 106.5 .. 106.6 : 1062 TAX CQDE 16-12 i ..... 72.6... I 1 024 o r 79.2 i 6007 1 16649 W 1 oos A 16621 W I� 6670 W i 166-38 W i 166= W 002 I 003 F 106.5 I 106.5 I 106.2 IROCKMAN AVENUE ..... 72.6... —10 1 024 o 3o 79.2 1 73 WI 1 16649 W 1 I 16637 W 1 A 16621 W I� 2 :g3 1:3 ^ 4 2 3 004 J 002 I 003 F 303 I I 3,\ 1 I --� d . 8o I 80 79.2 _ N 80 I so I 79.20 N:A 2' i l I 7 . !a 008 I'� 6 1g OD7 I� 5 �8 '0 W I 166-8 W 1 16636 W I 166-2 W I eD I 3o i 79.20 I I I II I1 1 51 I52k JP6671 &P49iaa�il P6371 1 291 1 W62. 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