HomeMy WebLinkAboutOrd 5332 05/06/2003ORDINANCE NO. 5332
AN ORDINANCE PRORATING THE COST OF CERTAIN PUBLIC
IMPROVEMENTS IN THE VILLAGE OF MOUNT PROSPECT
Passed and approved by
the President and Board of Trustees
the 6th day of May, 2003
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
7TM day of May, 2003
ORDINANCE NO. 5 3 3 2
AN ORDINANCE PRORATING THE COST OF CERTAIN PUBLIC
IMPROVEMENTS IN THE VILLAGE OF MOUNT PROSPECT
WHEREAS, Donald Craig, Sr. (hereinafter referred to as "Developer") as the owner and
developer of the land commonly known as 303-305 South Douglas, legally described on Exhibit
A, attached hereto and made a part hereof (hereinafter referred to as "Subject Property"); and
WHEREAS, the Developer has constructed a certain water main extension ("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 costs; and
WHEREAS, the properties benefitting from the Public Improvements (hereinafter
referred to as "Benefitting Properties") are legally described on Exhibit B, attached hereto and
made a part hereof; 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 authorizing the
Developer to recapture certain expenses associated with the Public Improvements from the
owners of the Benefitting Properties.
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 total recapture in the amount of $40,333.04 ("Recapture Fee")
against the Benefitting Properties. The Recapture Fee is based on the following breakdown:
1,270 lineal feet of water main extension
commencing at the NWC of Lincoln Avenue and
Douglas Avenue, north along the east side of
Douglas, then east along the south side of White
Oak Street, then south along the west side of Helena
Street
Total Cost: $88,158.30
Cost per Lineal Foot: $ 69.42
Total Benefitting Properties Cost: $40,333.04
The support for the apportionment is delineated on the Schematic, attached as Exhibit B
and made a part hereof and the Apportionment, attached as Exhibit C and made a part hereof.
Final lien waivers for the completed work are attached as Exhibit D and made a part hereof.
SECTION TWO: No water connections or permits for water connection shall be made
nor issued for any portion of the Benefitting Property, unless the connector shall pay to the
Developer the Recapture Fee as set forth in Section One of this Ordinance.
SECTION THREE: The fees set forth in Section One of this Ordinance shall accrue
simple interest at a rate of six percent (6%) the date this Ordinance is adopted to the date of
payment.
SECTION FOUR: Ail fees set forth in this Ordinance shall be in addition to any other
connection, tap-on or inspection fees required by the Village.
SECTION FIVE: The Village of Mount Prospect shall have no obligation to collect the
Recapture Fee 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 party 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 mason of said improvement, its construction or installment and for claims made
because of any attempt on the part of the Village to enforce the payment of the Recapture Fee.
By virtue of this Ordinance, the Developer shall have the right to bring an action against any
connector who has not paid the Recapture Fee set forth in this Ordinance.
SECTION SIX: If it is determined that the Developer has not complied in any 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 thirty (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 Fee as required herein, that the Developer
will not bring action or actions against the Village for the error.
SECTION SEVEN: This Ordinance shall benefit and be binding upon any successors
heirs or assigns of the Developer.
SECTION EIGHT: The Village may issue permits upon the receipt of sworn statement
from the owners of Benefitting Properties that the Recapture Fee set forth in this Ordinance have
been paid.
SECTION NINE: The term of this Ordinance shall be ten (10) years from the date of
doption or such time as all fees are paid, whichever comes first.
SECTION TEN: That, pursuant to the Section 16.609 of the Village Code, the Developer
shall record a copy of this Ordinance with the Cook County Recorder of Deeds.
SECTION ELEVEN: This Ordinance shall be in full force and effect from and after its
passage, approval and publication, in the manner provide by law.
AYES:
Hoefert, LohrstOrfer, Skowron, Zadel
NAYS: None
ABSENT: Farley, Wilks
PASSED and APPROVED this 6th
ATTEST:
Kimberly rAJ. Dewis,
day of May ,2003.
,/
Timot Mayor Pro Tem
Deputy Village Clerk
NSP/sw 3/2003 (craig mount prospect) a:documentsl l/ordinances
EXHIBIT A
Commonly known as 303 S. Douglas Street, Mount Prospect, Illinois 60056;
LOT 1 1N CRAIG'S PLAT OF CONSOLIDATION, BEING A RESUBDIVISION OF LOTS 1
AND 2 IN CRAIG'S SUBDIVISION PHASE II, A SUBDIVISION OF PART OF THE WEST
½ OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
Commonly known as 305 S. Douglas Street, Mount Prospect, Illinois 60056;
LOT 2 IN CRAIG'S SUBDIVISION PHASE 3, BEING A SUBDIVISION OF THAT PART
OF THE WEST ½ OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE
NORTHWEST .1{4 OF SECTION 10, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
EXHIBIT B
See Attached Schematic
FEB-t?-~80~
TOTAL P.02
312 S. Helena
Arlington Heights, IL
314 S. Helena
Arlington Heights, IL
316 S. Helena
Arlington Heights, IL
2215 W. White Oak
Arlington Heights, IL
600 E. Lincoln
Arlington Heights, IL
TOTAL
EXHIBIT C
Apportionment
76 LF
76 LF
76 LF
208LF
145 LF
5,275.92
$ 5,275.92
$ 5,275.92
$14,439.38
$10,065.90
$40,333.04
EXHIBIT D
See Lien Waivers Attached
7
~ING - AUGUSF29,2000
DIPAOLO
DESCRIPTION
AMOUNT
~.~ DIA CATCH BASIN
378.00
4.00
$0.00
53.00
SANiTARy CLEA~-~iJT
ZOO
0" BANll'ARY WYE CLEAN-OU'~'-
mod' --
SUS TOTAL ?,S~0.~.0
$1B50.00 2.00
$1,740.00
8' PC WITH ~ VALVE
1*BUILDING BERVICI=
H BACKFILL
ITH ~ VALVE VAULT
$12.500.00
$1,246.00
WATER MAIN
MOVAL
ASPHALT DRIVEWAY
SUB TOTAL
-- 3" GRANULAP, BASE COUR-~E
BlT CONCRETE
TO
DATE
0,00
0 O0
0.00
0.00
0,OO
0,00
0.00
0.00
0.00
000
0,00
0 O0
O.00
DATE
5.640,00
0.00
O.OO
0.00
O.O0
0.60
O,O0
0.00
0.00
0,00
0.00
0.50
0.00
G76.12M [DATE 08i29i00 PAGE 2
~ ~ DESCriPTION ~ CO~R, UNi; UNiT .... ~TRACT QU~TITY
..... ~"' ~TIMATE
11 ~P~TL REMOVAL ~,560,00 ~ CY $10.~ $~.656.00 2~0 00 ~.0~ 2]~0,00 0,0~ ~ 28.987.00
--' 1~ 2 If2'CONDUtT '- 600.00 LF ,.~1~0 ~.20000 --
.... SUB TOT~ 140,~18.70
~omo~S~o CONT~ ......
3 SEEDIJ~ ~;ooo.~g SY " $~:.~ .~.oo q~oo.o0 "o.o0 't~oo.oo '- o,oo! 2so.g0
........ ...... ----==~=== ~===.E====: :~
Dt PaeCo Job No. 6?&
· Pay Es~mat~ No.. 3 and Rnal
DSC LICENSED R.E. BROKERS % 84? ~4~ i4~ ~.~/~
· DIPAOLO COMPANY
FI.NAL WAIVER OF LIEN
[C&nt[ngent upon receipt of payment.)
To Whom It May Concern:
WHEREAS the undersigned, DIPAOLO COMPANY, has been employed by DONALD S. CRAIG to furnish MATERIAL, LABOR AND
EQUIPMENT for the proiect known as CRAIG'S SUBDIVISION, PHASE II,'MT. PROSPECT. ILLINOIS of which DONALD S. CRAIG
;s the owner·
Now, therefore, the undersigned, for and in consideration of' the sum of FORTY SIX THOUSAND SEVEN HUNDRED 'tHIRTY EIGHT DOLLARS
AND TWENTY CENTS IS 46°738.20) and other good and valuable considerations, the receipt whereof Js hereby acknowledged by the
undersigned, does hereby waive and release [he lien or right to or claim of Ilea under the s~a[utss of the State cf lIllnols relating to mechanics'
liens, with resl3ect tb and on the above-described premises, and the improvements thereon, and on the material, fixtures, apparatus, or
machinery furnished, and on the moneys or other considerations due or to become due from the owner, on account of labor, services, material,
fixtures, apparB'tus or machinery, furnished by the undersigned, to or on account of the sam contractor or tile sam owner, for tho above-
described premises.
TO wHoM iT MAY CONCERN: The undersigned, [Name} ANGELO O1 PAOLO being dui,/sworn, deposes and aays that l~e or she is
(Position) PRESIDENT of (Company Name) Dt PAOLO COMPANY who is the contractor furnishing MATERIAL. LABOR AND
EQUIPMENT fBr CRAIG'S SUBDIVISION, PHASE II, MT, PROSPECT, ILLINO1S project located in MT. PROSPECT, ILLINOIS
owned by DONALD S. CRAIG.
That the total amount of the contract, including extras' is $ 298,423.20 on which he or she has received payment of $ 194o365.40 prior
to this payment, That all waivers are true, correct and genuine and dellvered uncodditiona]l¥ and that there is no claim either Jegal or equitable
to deeeat the validity of said waivers. That the foUow)ng are the names and addmesses of all parties who have furnished material or labor, or
beth, for said work and all parties having contracts or subcontracts 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
complete said work according to plans and specifications:
NA~ES AND ADDRESSES WHAT FOR CONTRACT PRICE AMOUNT THIS BALANCE
INCLDG EXTRAS' PAID PAYMENT DUE
TOTAL LABOR AND MATERIAL INCLUDING EXTRAS~ TO COMPLETE.
That ~here are no other contracts for said work outstanding, and that there is nothing due or to become due to any person iOr material, labor or
other work of any kind done upon or in connection wfth said wnrk other than above s~atsd.
~,ng~ Io Of Pa ,
SUBSCRIBED AND SWORN TO ~EFORE ME THIS 29* DAY OF Augus~ 2000. , t,..,~ ' (
' ,,'~,-.... ~-* .... ;,., ..;'-., ~,',,-c~,4,~ ~ '~-~,~ ~
~ "OFFICIAL SEA~ 7~~
'Extras include but are n~t limited to change orders, both ~ra[ an~ wri:~,~g~ ~Nie~6~te 0f Utbois ~ //'
~My ~mmissbn Expires 3-2~-03 ~ ~
TOTRL P. 95