R97-40 AUTHORIZING AGREEMENT - Laserfiche WebLink

Home Browse Search

February 11 , 1997, and recorded on Apr i 1 7 , 19 9 7 in Book 2�1� at Page 6 3-6 9 in the records of the Recorder's Office of Macon County, Illinois (hereinafter referred to as"City Easement"); WHEREAS, the Sanitary Sewer Main that is to be constructed by Casey's is larger than necessary to meet the needs of Casey's convenience store. Said Sanitary Sewer Main will be of benefit to the adjoining properry owners located adjacent to the Casey's Property and to the Trust Property located across North Taylor Avenue from the Casey's Property; WHEREAS, because the new Sanitary Sewer Main will reasonably be expected to benefit the neighboring property owners as set forth above, the City has agreed to enter into a Recapture Agreement pursuant to Illinois law to reimburse Casey's for its costs related to the construction of the Sanitary Sewer Main in the event the neighboring property owners would tap into the Sanitary Sewer Ma.in; WI�REAS, the parties wish to enter into an agreement for the reimbursement of Casey's costs for the construction of the Sanitary Sewer Main, upon the terms and conditions herein contained. NOW TI�REFORE, in consideration of the sum of One Dollar($1) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Construction and Maintenance of Sanitary Sewer Main. Casey's, at Casey's expense, sha11 construct the Sanitary Sewer Main upon the location as set forth on Exhibit"B" and upon the real estate as set forth in the City Easement. Said Sanitary Sewer Main is to be built pursuant to the City and Illinois Environmental Protection Agency codes and specifications. Upon acceptance by the City of the construction of the Sanitary Sewer Main, Casey's hereby grants a11 of its rights, title and interest to said Sanitary Sewer Main to the City for its future operation and maintenance. The estimated costs of the construction of the Sanitary Sewer Main is attached hereto as E�ibit"C" and incorporated herein by reference. 2. Properties that may be Reasonablv Expected to Benefit from the Sanita.r�Sewer Main. Two adjacent properties will benefit from Casey's construction of the Sanitary Sewer Main as set forth above. One adjacent property owner is the Trust Property. In consideration of the Trust Property granting the City of Decatur the City Easement to construct said Sanitary Sewer Main, Casey's and the City hereby agree that they will not attempt to recapture any of the costs of the Sanitary Sewer Main from the Trust Property. The second adjacent property owner that will benefit from Casey's construction of the Sanitary Sewer Main as set forth above is as follows: Lot 2 of Decatur Auto Auction Addition, as per plat recorded in Book 1832 at Page 541 in the records of the Recorder's Office in Macon County, Illinois, (hereinafter referred to as"Adjacent Property Owner"); - 2 -