HomeMy WebLinkAboutOrd 4599 10/19/1993 ORDINANCE NO. 4599
AN ORDINANCE PRORATING THE COST OF CERTAIN PUBLIC
IMPROVEMENTS IN THE VILLAGE OF MOUNT PROSPECT
BLUE JAY COURT
PASSED AND APPROVED BY
THE PRESIDENT AND BOARD OF TRUSTEES
the 19th day of October , 1993
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
19th day of October , 1993.
/caf
9/30/93
ORDINANCE NO. 4599
AN ORDINANCE PRORATING THE COST OF CERTAIN PUBLIC
IMPROVEMENTS IN THE VILLAGE OF MOUNT PROSPECT
BLUE JAY COURT
WHEREAS, Michael Losacco (hereinafter referred to as Developer) is the owner of the
land legally described as follows (hereinafter referred to as Subject Property):
Parcel One: That part of the North 110 feet of the Southeast Quarter of
the Northeast Quarter of Section 35, Township 42 North, Range 11, East
of the Third Principal Meridian, lying West of the East 400 feet and East
of the canter line of Rand Road, in Cook County, Illinois
Also
Parcel Two: The South 88 feet of the North 198 feet (measured along a line
parallel to the East line of Section 34, Township 42 North, Range 11,
East of the Third Principal Meridian) of that part of the Southeast Quarter
of the Northeast Quarter of Section 34, Township 42 North, Range 11,
East of the Third Principal Meridian, lying 'Northeast of Rand Road
(except the East 400 feet thereof), in Cook County, Illinois
and
WHEREAS, the Developer has constructed certain roadways and public improvements
as part of the development of the Subject Property; and
WHEREAS, the Developer desires and the Village Code provides for the recapture of
certain costs of public improvements from properties which will benefit from the
improvements of others without paying any initial cost; and
WHEREAS, the property benefitting from the public improvements set forth
hereinbelow (hereinafter referred to as Benefitting Property) is legally described as
follows:
That part of the Southeast Quarter of the Northeast Quarter of Section
34, Township 42 North, Range 11, East of the Third Principal Meridian
lying East of Rand Road, described as follows:
Beginning at a point on the east line of Rand Road 242.82 feet
southeasterly of the intersection of the said east line of Rand Road, and
the north line of the Southeast Quarter of the Northeast Quarter of
Section 34, Township 42 North, Range 11, East of the Third Principal
Meridian, ;thence East 525.61 feet to an iron stake, thence South 88 feet
to an iron stake, thence West 469.52 to the Easterly side of Rand Road,
thence Northwesterly along the East line of Rand Road 104.61 feet, in
Cook County, Illinois
Permanent Index Number: 03-34-207-012
and
WHEREAS, it has been determined by the President and Board of Trustees of the
Village of Mount Prospect that the best interests of the Village would be served by
Recapture
Page 2 of 3
authorizing a Recapture between the Developer and Benefitting Property.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the President and Board of Trustees of the Village of Mount
Prospect do hereby establish a Recapture in the amount of Thirty-Two Thousand
Eight Hundred Twenty Two Dollars Nineteen Cents ($32,822.19) against the
Benefitting Property. The Recapture amount is based on the following breakdown:
Sanitary Sewer $1,333.37
Water main along the sOuth property line: 9,893.33
Roadway: 19,844.49
Conceptual engineering for benefitted property: 1,751.00
$32,822.19
The support for the apportionment is contained in Exhibits "A" and "B" which are
attached hereto and hereby made a part hereof. Final lien waivers for the completed
work are contained in Exhibit "C". The apportionment of Exhibit "A" is based on
development with seven (7) units on the Benefitted Property. If development on the
Benefitted Property is of a different number of units, the Recapture cost shall be
recalculated as necessary on a per unit basis.
SECTION TWO: No sanitary or water connections shall be made and no permits
issued for any portion of the Benefitting Property unless the connector shall pay to the
Developer the fees as set forth in SECTION ONE of this Ordinance.
SECTION THREE: The Benefitted Property shall also participate in snow removal
and maintenance of Blue Jay Court through their Homeowner's Association, inasmuch
as this is a common street accessible to both developments.
SECTION FOUR: The fees set forth in SECTION ONE of this Ordinance shall accrue
simple interest at a rate of 5% per hear from the date this Ordinance is adopted to the
date of payment.
SECTION FIVE: All fees set forth in this Ordinance shall be in addition to any other
connection, tap-on or inspection fees required by the Village.
SECTION SIX: The Village of Mount Prospect shall have no obligation to collect the
sums due under this Ordinance. The Village will not be required to initiate legal
proceedings for their collection and the Developer will not make the Village p arty to
any proceeding brought for that purpose. The Developer ;agrees to indemnify and
hold harmless the Village, its officers, agents, employees, successors and assigns
from any and all claims or damages to real or personal property and from injuries or
deaths suffered to any person or persons by reason of said improvement, its
construction or installation and for claims made because of any attempt on the part of
the Village to enforce the payment of the Recapture fees. By virtue of this Ordinance,
the Developer shall have the dght to bring an action against any connector who has
not paid the fees set forth in this Ordinance.
SECTION SEVEN: If it is determined that the Developer has not complied in any
ecapture
Page 3 of 3
respect with Mount Prospect Village Codes the Village shall have no obligations of any
kind or nature pursuant to this Ordinance. Further, the Village shall have no
obligations whatsoever with respect to this Ordinance unless the Village has received,
within 30 days following the adoption of this Ordinance, a certification from the
Developer that if the Village erroneously issues permits prior to the payment of any
Recapture fees as required herein, that the Developer will not bring action actions
against the Village for the error.
SECTION EIGHT: This Ordinance shall benefit and be binding upon any successors,
heirs or assigns of the Developer.
SECTION NINE: The Village may issue permits upon the receipt of sworn statements
from the owners of Benefitting Properties that the fees set forth in this Ordinance have
been paid.
SECTION TEN: The term of this Ordinance shall be for twenty (20) years from the
date of adoption or such time as all fees are paid, whichever comes first.
SECTION ELEVEN: That, pursuant to the Section 16.609 of the Village Code, the
Developer shall record a copy of this Ordinance with the Cook County Recorded of
Deeds.
SECTION TWELVE: This Ordinance shall be in full force and effect from and after its
passage, approval and publication, in the manner provided by law.
AYES: Clowes, Corcoran, Hendricks, Hoefert, Wilks, Skowron
NAYS: None
ABSENT: None
PASSED and APPROVED this 19th day of October ,1993.
Gerald L. Farley
Village President
ATTEST:
Carol A. Fields'~
Village Clerk
o
ATTACHMENTS
Exhibit "A" Apportionment Costs
Exhibit "B" Apportionment Costs
Exhibit "C" Final Lien Waiver - JAS Associates
Exhibit "D" Final Lien Waiver - Site Utility' Work
Exhibit "E" Final Lien Waiver - Roadway Improvements
Exhibit "F" Reduced copy of Site Plan indicating Sanitary Sewer
and Water Main locations
EXHIBIT "A'
Construction Eligible
Cost Recapture Cost
Sanitary Sewer $ 5,524.00 $ 1,333.37~
Water Main - South 21,200.00 9,893.332
Road Improvements 82,219.90 19,844.49~
Engineering for Benefitted
Property 1.751.00
Total Recapture ~
1. Recapture is proportisnate share based on 22 units of Orchard Field townhomes, and
7 units on benefitted property.
2. Recapture is proportionate share of 8 units of Orchard Field Townhomes abutting the
watermain, and 7 units on benefitted property.
3. Recapture is proportionate share based on 22 units of Orchard Field townhomes, and
7 units on benefitted property.
4. This total recapture cost is based on seven (7) units on the benefitted property. If
development is of a different number of units, the recapture cost shall be recalculated
as necessary on a per unit basis.
EXHIBIT 'B'
RR~m PLUMBIN(3 COMI~ANY August 13, 1993
Blue Jay Building Corporation
145-A S. Lively Boulevard
Elk Grove Village, IL 60007
Attention: Mr. Mike Losacco RE: Orchard Field Townhomes
Project No. 89-1100
400 E. Rand Road
Mount Prospect, Illinois
Dear Mr. Losacco:
The following is a cost breakdown for items you requested:
1. The watermain on the east side only ...................... $ 19,000.002.
2. The sanitary sewer on Rand Road right-of-way ............. 5,524.00!'
3. Two (2) watemain hydrant tees .......................... 700.002.
4. Two (2) auxiliary valves ................................ 1,500.00~-.
Total Contract Price for the above referenced project: $136,175.00
We have been fully paid for the Total Contract Price for this project.
Sincerely yours,
~ PLIMBING COMPANY
Robert A. Avino
Vice President
220 SEEGER$ AVENUE · ELK GROVE VILLAGE, ILUNOI$ ~7 ,. TELEPHONE 70~/437 ~,.~ · FAX
:Associates
1345 WILEY ROAD, SUITE 110, SCHAUMBURG ~JNOI$ 60173
;' FAX 70~-310-0087
708-310-9400 ~
EXHIBIT "C"
Febru~,ry3,1993 O-1100
Mr. Michael Loenceo
BLUE 3AY BUILDEI~
14S S. Lively Blvd.
Elk C~ov~ Villa~, IL 6000?
Re: Easinaering Costa
Dear Mike,
As you requested. I h~ve looked through our file~ to determine recapture fees. I could find one
record in our old contract files to separate out recapture fees.
The time spent on the recapture letter was 1/2 hour on 12/12/90 md 4 hour~ on 12/14/90. 4
1/2 hour~ x $47.00/hr. -- $211.50. In looking through the correspondence files, I can see many
references to Hearings, and revisious due to wstermaln loops, sanitary sewer exteusious and
size changes, access to site end attempfm8 to work with Village end adjacent site.
My estimate for Mr. Angelotti to review all this dat~ is 3 day~ x $60.00/hr. -- $1,440.00 plus 1
hour of my time today, orS100.00 to review files. Total estimated recapture for engineering
fees ie $1,75 t.50. I believe this to be ~fair amount.
Very truly yotre,
P.o~er L. Loisti¢o
Proj.¢t ~an~er
Rub/jr
IliAL WAIVER OF LI'EN --
STATE OF ILLINOIS t Si Gty #_
couNv~T~ COOK) EXHIBIT "O"
Loan #.
TO WHOM IT MAY CONCERN:
WHEREAS the undersigned has been employed by B1 ue Jay Buil ding Corporati on
torurnish Site Utility Work
forthepremisesknownas Orchard Field Townhomes, 400 E. Rand Road~ Mt. Prospect, Illinois
of which is the owneK
The undersigned, forandinconsiderationof FOURTEEN THOUSAND FOUR HUNDRED and 00/100 .......
($ 14 ~ 400 · 00 ) Dollars, and other good and valuable consideration, the receipt whereof is hereby acknowledged, do(es)
hereby waive and release any and all lien or claim of, or right to, lien. under the statutes of the State of Illinois, relating to mechanics' liens, with respect to
and on said above-described premises, and the improvements thereon, and on the material, fixtures, apparatus or machinery furnished, and on the
moneys, funds or other considerations due or to become due from the owner, on account of labor, services, material, fixtures, apparatus or machinery.
heretofore furnished, or which may be fiirnisbed at any time hereafter, by the undersigned for the above-described premises,
Given under our hand and seal. this
18th dayof September .19 92 .RAMM PLUMBING COMPANY
Signature and Seal: ~/~(ff'~ Robert C. Avino, President
NOTE: All waivers must be for the full amount paid. If waiver is for a corporation, corporate name should be used, corporate seal affixed arid title of
officer signing waiver should be set forth; if waiver is for a partnership, the partnership name should be used. partner should sign and designate himself
as partner.
CONTRACTOR'S AFFIDAVIT
STATE OF ILLINOIS ~
SS
COUNTYOF COOK )
TO WHOM IT MAY CONCERN:
THE undersigned, being duly sworn, deposes and says that he is Robert C. Avl no
President of the RAMM PLUMBING COMPANY
who is the contractor for tbe Site Utility work on tbe
buiiding located at Orchard Field Townhomes, 400 E. Rand Roads Mt. Prospect, Illinois
owned by
That the total amount of the contract including extras is $ 136 ) 975 · 00 on which he has received payment of
$ 122,575.00 prior to this payment. That all'waivers are true, correct and genuine and delivered unconditionally and that
there is no claim either legal or equitable to defeat the validity of said waivers. That the following are the names of all parties who have furnished material
or labor, or both for said work and all parties having contracts or sub contracts for specific portions of said work or for material entering into the
construction thereof and the amount due or to become due to each, and that the items mentioned include all labor and material required to comp[ere said
work according to plans and specifications:
CONTRACT AMOUNT THIS BAI.ANC}
NAMK$ ,[ WltAT ItOH PHICI.~ lAID IAYM£NT OUE
Sterling Supply Company[Plb.q. Material 54700.00 48800.00 5900.00 -0-
Ramm Plumbinq Company Plumbinq Labor 82275.00 73775.00 8500.00 -0-
VO~ALt~SO~ANH,A~Zm~WOCO~PL~r~ 136975.00 L22575.00 14400.00 -0-
That there are no other contracts for said work outstanding, and that there is nothing due or to become due to any person for material, labor or other work
of any kind done or to be done upon or in connection with said work other than above stated.
Sign~this 18th dayof September ,1992 .
{ MA~ d. OIESJEM~ ~ Robert b. Avino, President RAMM PLUMBING COMPANY
+bsc~~i...~. ~.~th) 18th dayof September, .19 92.
STATE OF ILLINOIS tSi Gty #.
COUNTY OF Cook ' EXHIBIT "E" ' L~. S
TO WHOM IT MAY CONCERN:
WHEREAS the undersigned has heen employed by Blue day Building Corporation
to furnish Roadway Imorovements
forthepremisesknownas 400 Rand Road - Mt, Prospect, Illinois
of which is the owner.
ll~eunder~igned, forandinconsidemtionof Eighty-Two thousand Two Hundred Twelve and 90/100 ........
($ R2.21 ~. gO ) Dollars, and other good and valuable consideration, the receipt whereof is hereby acknowledged, do(es)
hen.'by waive and release any and all lien or claim of, or fight to, lien, under the slatules of the State of lllia)is, relating to mechanics' liens, with respect to
and on said above.desctil~l premises, and the impmvementa thereon, and on the material, fixtures, apparatus or machine~' furnished, and on the
moneys, funds or olher ~ouaidetations due or to become due from the owner, on account of labor, services, material, fixtures, apparatus or machinery
hem~e~ fumishnd, o~r which may he fun~hed al any tinie hereafter, by the undersigned for the above-dnscrihed premises.
Oi~ m~det I~11,t r I~d and seal this
~~R'S ~A~
STA~ OF ~NOI$ SS
COUNTY OF Cook
~ WHOM ~ MAY CON~:
THEunde~ign~ingd~ysworn, dc~s~ys~theis 00h~ ~. ~O~S0~,
' President of~e d.A. Johnson Paving Company
~ who is the ~nt~ctor fur Ihe Roadway Improvements wo~ ~
~ building l~ated at 400 Rand Road - Mt. Prospect~ IL
ow~ by
" ~at t~ t~l a~nt of t~ ~lm~ i~l~ing ext~ is $ 8~, 21 ~. ~0 on which he h~ m~iv~ ~y~m of
$ NONE p~or to ~b ~y~nl. ~t all waivem a~ tree, co~ct ~d genui~ a~ delive~ u~onditi~ally and ~hat
t~ is ~ claim either le~l or ~ui=ble lo~f~t t~ v~idi~ of ~id waivem. ~t the following a~ the ~s of all ~nies who have furnish~ male~al
or la~ or ~ for ~id wo~ a~ ~1 ~i~ ~ving ~tmc~ or sub controls for s~ific ~io~ of ~id wo~ or for ~te~al eme~ng into
wo~ acco~ing lo pla~ a~ ~iff~tions:
N~~ _ W~AT ~_ .... ~ICE ~lO ~YME~ aCE
ALL MRI~KIAL~ D~LIV~K~U IU IH: d)U ~ll: BY UUN
OWN INUURb.
ALL LABOR PAIU FUK IN tULL.
ALLI~U A~FMAL I ASF~ALT
T~t them am ~ other contmc~ for ~id wo~ ~ing, and ~t ~e~ is nothing due or to ~o~ due ~o any ~mon for ~te~al, ~t or ~her wo~
of any ki~ d~e or to ~ do~ ~n or in ~n~ion wi~ ~id wo~ ot~r ~n a~ve s~ated.
S~_~ ...... 24th ~yof ~~ ,1~g3