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HomeMy WebLinkAboutOrd 3995 10/18/1988ORDINANCE NO. 3995 AN ORDINANCE AUTHORIZING EXECUTION OF A RECAPTURE AGREEMENT BETWEEN KAZIMIERZ AND WIESLAWA STACHURA AND THE VILLAGE OF MOUNT PROSPECT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the 18th day of October , 1988 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 20th day of October , 1988. RDINANCE NO. _3995 AN ORDINANCE AUTHORIZING EXECUTION OF A RECAPTURE AGREEMENT BETWEEN KAZIMIERZ AND WIESLAWA STACHURA AND THE VILLAGE OF MOUNT PROSPECT WHEREAS, Kazimierz and Wleslawa Stachura were the first owners to develop property commonly known as the Stachura Subdivision, requiring them to install a sanitary sewer main; and WHEREAS, the installation of the storm sewer main will benefit future development within the general area and inasmuch as Mr. & Mrs. Stachura paid for this improvement and in accordance with Section 22.701 of the V~llage Code of Mount Prospect it has been determined that it would be in the best ~nterests of the village to enter into a Recapture Agreement in order for Mr. & Mrs. Stachura to recapture a portion of the cost in this improvement. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT ~LND 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 have determined that the best ~nterests of the Village would be served by entering into a Recapture Agreement with Mr. & Mrs. stachura for property commonly known as the stachura subdlvis~on, sald Recapture Agreement is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: That a certified copy of this ordinance and Recapture Agreement shall be recorded in the Office of the Recorder of Deeds or Registrar of Titles, whichever is applicable. SECTION THREE: That this Ordinance shall be in full force and effect from and after its passage, approval and publication ~n pamphlet form in the manner provided by law. AYES: NAYS: NONE ABSENT: WA~'EN~WRG PASSED and APPROVED this 2~tn day of October , 1988. "~ATTEST: Carol A. Fields Village Clerk Caroq~n H. Kr-ause V~llage President RECAPTURE AGREEMENT ThlS Agreement, made and entered into this 20th day of 0ct0ber 1988, by and between the Village o~Mount Prospect, a municipal corporation of the State of Illinois, hereinafter referred to as "Village" and Kazimierz and Wleslawa Stachura hereinafter referred to as "Owners", upon the mutual covenants and conditions expressed hereto: W I TNE S SETH: WHEREAS, the Village has adopted a municipal Ordinance requiring the installation of sanitary sewer main and appurtenant facilities, hereinafter referred to as "Facilities", for property owned by Owners, which land and territory is hereinafter referred to as the subject Property and legally described as follows: Lot 7 mn Walter A. Johnson's subdivision of Lot 12 in C.A.Goelz' Prospect Gardens, a subdivision in the Northeast 1/4 of the Southwest 1/4 of Section 35, Township 42 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded January 3, 1946 in Book 356 of Plats, on page 24 as Document Number 13688886 in Cook County, Illinois; and WHEREAS, the Facilities are to be dedicated to the Village for the use by the Village for the purpose of sanitary sewer; and WHEREAS, the Village and the Owners agree that the contract herein is for and in the best interests of all concerned would be served by entering into a Recapture Agreement with Owners, in accordance with Section 22.702.C of Chapter 22 of the Village Code of MOunt Prospect. NOW, THEREFORE, in consideration of the mutual covenants hereinafter setforth, it is hereby agreed by the parties hereto: 1. owners do warrant that all labor and material costs and all other charges relating to said sanitary sewer main and the installation thereof have been paid and that all necessary consents, maintenance, repair and replacement of sa~d sanitary sewer main have been granted. 2. Upon the Owners delivering an executed deed sanitary sewer main to the Village, the Village shall a Recapture Agreement with the owners. for said enter into 3. That the property owners of Lot 6 of Walter A. Johnson's Subdivision, or a part of said subdivision, shall have the right to tap into or otherwise connect into said sanitary sewer main, provided that Owners be entitled to collect the sum of $1,842.56. 4. Whenever the owners of adjacent property being the subject of this Agreement make application to the village for connection to said sanitary sewer main the Village shall use its best efforts to inform said applicant that the appropriate aforestated fee is due and owing Owners. Thereafter, prior to issuance of any such permit to such applicant, the Village shall ascertain whether such applicant has paid Owner accordingly by sending notice of such application to Owners. he Village shall not be obligated to deny any such permit to any such applicant merely because sa~d tap-on fee has not been paid to Owners. 5. The r~ght of Owners to recovery and collection (by any legal means including civil suit against such applicant) of any tap-on fees for connection to the sa~d sanitary sewer main shall inure to it from the date hereof through December 31, 1998, and thereafter Owners and/or their successors or assigns in interest shall have no further right to collect the aforesaid fees and any obligation herein of the Village to aid Owners to collect said fees shall cease. 6. Owners do hereby agree 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 in3uries or death suffered to any persons by reason of the said sanitary sewer ma~n, its construction or installation. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals this ~ day of 0ctober , 1988. OWNERS: VILLAGE OF MOUNT PROSPECT: Vlll~o PreSident ATTE ST: