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2018-03-18 - Ordinance 2018-015 - FULFILLMENT OF OBLIGATIONS UNDER ORD 79-53, 85-7, 85-16, 85-66, 85-67, 85-77, 88-9, 00-32 (3)03/08/2018 #709193 ORDINANCE NO. 2018 - 015 AN ORDINANCE ACKNOWLEDGING FULFILLMENT OF OBLIGATIONS UNDER ORDINANCE NOS. 79-53 85-7 85-16 85-66 85-67 85-77 88-9 AND 2000-32 BEING ORDINANCES PROVIDING FOR THE RECOUPMENT OF ADVANCES FOR CONSTRUCTION WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village of Buffalo Grove, Cook and Lake Counties, enacted Ordinance No. 79-53 on November 19, 1979 entitled "An Ordinance Providing for the Recoupment of Advances for Construction of a Sanitary Sewer Between Newtown Drive and the Future Fabish Drive", which Ordinance was recorded on December 5, 1979 as Document No. 2037541 in the Office of the Recorder of Deeds, Lake County, Illinois; and all sums of money collectible under Ordinance No. 79-53 have been received; and WHEREAS, the Village of Buffalo Grove, Cook and Lake Counties, enacted Ordinance No. 85-7 on February 4, 1985 entitled "An Ordinance Providing for the Recoupment of Advances for Construction of a Sanitary Sewer on Fabish Drive Between Highland Point Unit 7 and Busch Road, which Ordinance was recorded on February 13, 1985 as Document No. 2338000 and 2337763 in the Office of the Recorder of Deeds, Lake County, Illinois; and all sums of money collectible under Ordinance No. 85-7 have been received; and WHEREAS, the Village of Buffalo Grove, Cook and Lake Counties, enacted Ordinance No. 85-16 on April 1, 1985 entitled "An Ordinance Providing for the Recoupment of Advances for Construction of a Sanitary Sewer on Fabish Drive From Busch Road To A Point 1000 Feet North, which Ordinance was recorded on April 6, 1985 as Document No. 2347846 in the Office of the Recorder of Deeds, Lake County, Illinois; and all sums of money collectible under Ordinance No. 85-16 have been received; and WHEREAS, the Village of Buffalo Grove, Cook and Lake Counties, enacted Ordinance No. 85-66 on October 21, 1985 entitled "An Ordinance Providing for the Recoupment of Advances for Construction of a Sanitary Sewer on Thompson Boulevard From Fabish Drive To The Commonwealth Edison Right -Of -Way, which Ordinance was recorded on October 30, 1985 as Document No. 2395726 in the Office of the Recorder of Deeds, Lake County, Illinois; and all sums of money collectible under Ordinance No. 85-66 have been received; and WHEREAS, the Village of Buffalo Grove, Cook and Lake Counties, enacted Ordinance No. 85-67 on October 21, 1985 entitled "An Ordinance Providing for the Recoupment of Advances for Construction of a Sanitary Sewer on Fabish Drive From a Point 1000 Feet North of Busch Road to Highland Grove Drive And On Highland Grove Drive Between Fabish Drive and Thompson Boulevard, which Ordinance was recorded on October 30, 1985 as Document No. 2395727 in the Office of the Recorder of Deeds, Lake County, Illinois; and all sums of money collectible under Ordinance No. 85-67 have been received; and WHEREAS, the Village of Buffalo Grove, Cook and Lake Counties, enacted Ordinance No. 85-77 on November 18, 1985 entitled "An Ordinance For the Recoupment of Advances for Construction of a Sanitary Sewer on Newtown Drive From Fox Hill Drive To Weiland Road, which Ordinance was recorded on November 25, 1985 as Document No. 2402003 in the Office of the Recorder of Deeds, Lake County, Illinois; and all sums of money collectible under Ordinance No. 85-77 have been received; and WHEREAS, the Village of Buffalo Grove, Cook and Lake Counties, enacted Ordinance No. 88-9 on February 1, 1988 entitled "An Ordinance Providing for the Recoupment of Advances for Construction of a Sanitary Sewer on Thompson Boulevard, Margate Drive And Stanton Drive From The Commonwealth Edison Right -Of -Way To Aptakisic Road, which Ordinance was recorded on February 8, 1988 as Document No. 2655451 in the Office of the Recorder of Deeds, Lake County, Illinois; and all sums of money collectible under Ordinance No. 88-9 have been received; and WHEREAS, the Village of Buffalo Grove, Cook and Lake Counties, enacted Ordinance No. 2000-32 on June 19, 2000 entitled "An Ordinance Providing for the Recoupment of Advances for Construction of Watermain Along Prairie Road, which Ordinance was recorded on June 27, 2000 as Document No. 4545633 in the Office of the Recorder of Deeds, Lake County, Illinois; and all sums of money collectible under Ordinance No. 2000-32 have been received. NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. Recitals The foregoing recitals are hereby adopted and incorporated into and made a part of this Ordinance as if fully set forth herein. Section 2. Receipt of Recapture Sums Under Ordinance No. 79-53 That the Village of Buffalo Grove hereby acknowledges receipt of all sums collectable under Ordinance No. 79-53 and releases the following legally described property from the obligations imposed by said Ordinance: 2 That part of Township 43 North, Range 11, East of the Third Principal Meridian, Lake County, Illinois, more fully described as follows: The NE %4; the SE %a; the E %2 of the SW 1/4; the SE 1/4 of the NW 1/a; and E %2 of the NE 1/4 of the NW 1/4 of Section 17, and; The SW %4 of Section 16, and; That part of Section 21 lying West of the Soo Line Railroad, and; That part of Section 28 lying North of Busch Road and West of a line beginning at the intersection of the Soo Line Railroad and Aptakisic Road, extending thence Southeasterly along the centerline of the Soo Line Railroad to its intersection with the Aptakisic Creek, thence Southwesterly along the centerline of the Aptakisic Creek to the centerline of Busch Road, said point on the centerline of Busch Road being the end of the line being described, and; The SW %4 of the SW 1/4; and the West 1/4 of the SE %a of the SW 1/4 of Section 28, and; The E %2 of the NE 1/4 of Section 29, and; The E 3/4 of the SE 1/4; the E 1/2 of the NE %4; and the E 3/4 of the N9/10 of the W 1/2 of the NE 1/4 of Section 20. Section 3. Receipt of Recapture Sums Under Ordinance No. 85-7 That the Village of Buffalo Grove hereby acknowledges receipt of all sums collectable under Ordinance No. 85-7 and releases the following legally described property from the obligations imposed by said Ordinance: That part of Township 43 North, Range 11, East of the Third Principal Meridian, Lake County, Illinois, more fully described as follows: The NE %4; the SE 1/4; the E 1/2 of the SW 1/4; the SE 1/4 of the NW '/4; and E %2 of the NE 1/4 of the NW 1/4 of Section 17, and; The SW %4 of Section 16, and; That part of Section 21 lying West of the Soo Line Railroad, excepting that portion of Commonwealth Edison Right -Of -Way lying therein, and; That part of Section 28 lying North of Busch Road and West of a line beginning at the intersection of the Soo Line Railroad and Aptakisic Road, extending thence Southeasterly along the centerline of the Soo Line Railroad to its intersection with the Aptakisic Creek, thence Southwesterly along the centerline of the Aptakisic Creek to the centerline of Busch Road, said point on the centerline of Busch Road being the end of the line being described, excepting that portion of Commonwealth Edison Right -Of -Way lying therein, and; The E %2 of the NE 1/4 of the NE 1/4 of Section 29, and; The E 3/4 of the SE 1/4; the E %2 of the NE %a; and the E 3/4 of the N 9/10 of the W %2 of the NE %4 of Section 20, excepting that portion of Commonwealth Edison Right -Of -Way lying therein. Section 4. Receipt of Reca ture Sums Under Ordinance No. 85-16 That the Village of Buffalo Grove hereby acknowledges receipt of all sums collectable under Ordinance No. 85-16 and releases the following legally described property from the obligations imposed by said Ordinance: 3 That part of Township 43 North, Range 11, East of the Third Principal Meridian, Lake County, Illinois, more fully described as follows: The NE 1/4; the SE 1/4; the E 1/2 of the SW %a; the SE 1/4 of the NW '/4; and E %2 of the NE 1/4 of the NW 1/4 of Section 17, and; The SW 1/4 of Section 16, and; That part of Section 21 lying West of the Soo Line Railroad, excepting that portion of Commonwealth Edison Right -Of -Way lying therein, and; That part of Section 28 lying North of Busch Road and West of a line beginning at the intersection of the Soo Line Railroad and Aptakisic Road, extending thence Southeasterly along the centerline of the Soo Line Railroad to its intersection with the Aptakisic Creek, thence Southwesterly along the centerline of the Aptakisic Creek to the centerline of Busch Road, said point on the centerline of Busch Road being the end of the line being described, excepting that portion of Commonwealth Edison Right -Of -Way lying therein, and, excepting the Brunswick south parcel as described in Exhibit "A" of the Annexation Agreement, recorded as Document No. 2303709, in Lake County, Illinois, and excepting that portion of the southeast %4 lying east of Weiland Road, and, excepting the northwest %4 of the southwest 1/4, and; The E 1/2 of the NE %4 of the NE %a of Section 29, lying north of the Aptakisic Creek, and; The E 3/4 of the SE 1/4; the E 3/4 of the NE %4; and the E %2 of the N 9/10 of the W '/4 of the NE '/4 of Section 20, excepting that portion of Commonwealth Edison Right -Of -Way lying therein. Section 5. Receipt of Recapture Sums Under Ordinance No. 85-66 That the Village of Buffalo Grove hereby acknowledges receipt of all sums collectable under Ordinance No. 85-66 and releases the following legally described property from the obligations imposed by said Ordinance: That part of Township 43 North, Range 11, East of the Third Principal Meridian, Lake County, Illinois, more fully described as follows: That part of the East % of the Southwest 1/4 and the South east %4 of Section 21 lying West of the Soo Line Railroad, and; That part of Section 28 lying Northeasterly of the Commonwealth Edison Right -Of -Way and West of a line beginning at the intersection of the Soo Line Railroad and Aptakisic Road, extending thence Southeasterly along the centerline of the Soo Line Railroad to its intersection with the Aptakisic Creek, thence Southwesterly along the centerline of the Aptakisic Creek to the centerline of Busch Road, said point on the centerline of Busch Road being the end of the line being described, excepting that portion of Commonwealth Edison Right -Of -Way lying therein, and, excepting the Brunswick south parcel as described in Exhibit "A" of the Annexation Agreement, recorded as Document No. 2303709, in Lake County, Illinois, and excepting that portion of the southeast 1/4 lying east of Weiland Road, and, excepting the northwest %4 of the southwest %4. 4 Section 6. Receipt of Recapture Sums Under Ordinance No. 85-67 That the Village of Buffalo Grove hereby acknowledges receipt of all sums collectable under Ordinance No. 85-67 and releases the following legally described property from the obligations imposed by said Ordinance: That part of Township 43 North, Range 11, East of the Third Principal Meridian, Lake County, Illinois, more fully described as follows: The NE 1/4; the SE %4; the E %2 of the SW %4; the SE'/4 of the NW %4; and E %2 of the NE %4 of the NW %4 of Section 17, and; The SW %4 of Section 16, and; That part of Section 21 lying West of the Soo Line Railroad, excepting that portion of Commonwealth Edison Right -Of -Way lying therein, and; That part of Section 28 lying North of Busch Road and West of a line beginning at the intersection of the Soo Line Railroad and Aptakisic Road, extending thence Southeasterly along the centerline of the Soo Line Railroad to its intersection with the Aptakisic Creek, thence Southwesterly along the centerline of the Aptakisic Creek to the centerline of Busch Road, said point on the centerline of Busch Road being the end of the line being described, excepting that portion of Commonwealth Edison Right -Of -Way lying therein, and, excepting the Brunswick south parcel as described in Exhibit "A" of the Annexation Agreement, recorded as Document No. 2303709, in Lake County, Illinois, and excepting that portion of the southeast %4 lying east of Weiland Road, and, excepting the northwest 1/4 of the southwest'/4, and; The E %2 of the NE '/a of the NE %a of Section 29, lying north of the Aptakisic Creek, and; The E 3/4 of the SE %4; the E 3/4 of the NE 1/4; and the E 1/2 of the N 9/10 of the W '/4 of the NE %4 of Section 20, excepting that portion of Commonwealth Edison Right -Of -Way lying therein. Section 7. Receipt of Recapture Sums Under Ordinance No. 85-77 That the Village of Buffalo Grove hereby acknowledges receipt of all sums collectable under Ordinance No. 85-77 and releases the following legally described property from the obligations imposed by said Ordinance: That part of Township 43 North, Range 11, East of the Third Principal Meridian, Lake County, Illinois, more fully described as follows: The NE 1/4; the SE %4; the E %2 of the SW %a; the SE %a of the NW %a; and E %2 of the NE '/4 of the NW %4 of Section 17, and; The SW %4 of Section 16, and; That part of Section 21 lying West of the Soo Line Railroad, excepting that portion of Commonwealth Edison Right -of -Way lying therein, and; That part of Section 28 lying North of Busch Road and West of a line beginning at the intersection of the Soo Line Railroad and Aptakisic Road, extending thence Southeasterly along the centerline of the Soo Line Railroad to its intersection with the Aptakisic Creek, thence Southwesterly along the centerline of the Aptakisic Creek to the centerline of Busch Road, said point on the centerline of Busch Road being the end of the line being described, excepting that portion of Commonwealth Edison Right -Of -Way lying therein, in Lake County, Illinois, 5 The E %2 of the NE'/4 of the NE'/4 of Section 29, and; The E 3/4 of the SE %4; the E 1/z of the NE %a; and the E % of the N 9/10 of the W 1/2 of Section 20, excepting that portion of Commonwealth Edison Right -Of -Way lying therein. Section 8. Receipt of Recapture Sums Under Ordinance No. 88-9 That the Village of Buffalo Grove hereby acknowledges that pursuant to Section 5 of Ordinance No. 88-9 said Ordinance was only effective and enforceable until February 1, 1995 and therefore the requirements and obligations of said Ordinance have expired and are released for the following legally described property: That part of the East 1/2 of the Southwest'/4 and the Southeast 1/4 of Section 21 lying West of the Soo Line Railroad. Section 9. Receipt of Recapture Sums Under Ordinance No. 2000-32 That the Village of Buffalo Grove hereby acknowledges that pursuant to Section 6 of Ordinance No. 2000-32 said Ordinance was only effective and enforceable until June 19, 2010 and therefore the requirements and obligations of said Ordinance have expired and are released for the following legally described property: PROPERTY 1: THE SOUTH 660.00 FEET OF THE NORTH 3/4 OF THE EAST %2 OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LAKE COUNTY, ILLINOIS. Section 10. Enactment That this ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 5 — Stein Ottenheimer, Weidenfeld Johnson Smith NAPES: 0 - None ABSENT: 1 - Berman PASSED: March 19, 2018. APPROVED: March 19, 2018. PUBLISHED: March 20 2018. APPROVED: Beverly Sus an, Village President 0 ATTEST: Janef M. Sirabian, Village Clerk This document prepared by: William G. Raysa, Village Attorney Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 #709193 7