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HomeMy WebLinkAbout95-194 Recorded -0 Resolution No. 95-194 RESOLUTION AUTHORIZING EXECUTION OF A CERTIFICATE OF ABROGATION OF BUILDING SETBACK LINE, CONSTRUCTION EASEMENTS AND BUILDING RESTRICTIONS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Certificate of Abrogation of Building Setback Line, Construction Easements and Building Restrictions on behalf of the City of Elgin for property located in the Fox Bluff Corporate Center, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: September 13, 1995 Adopted: September 13, 1995 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk • RERECORD TO CORRECT ERRORS L . `IC1),-i1 954“1561 8-a C. cp - 5 c' ,' v" RECORDER FILED FOR RECORD KANE CO;+ '?1 '1. ;Lt_. / e 95K06074 95 OCT 12 PM 12: 00 G, EV 4:::, .° f, v xa uwfs) p RECORDER Cn CO PO CERTIFICATE OF ABROGATION OF BUILDING SETBACK LINE CONSTRUCTION EASEMENTS AND BUILDING RESTRICTIONS (FOX BLUFF CORPORATE CENTER) V J !1. After recording return to: Dolonna Mecum (9 Elgin City Clerk 40 150 Dexter Court , Ga / Elgin, IL 60120 `cO G` 0 9� ilaa560 7 48 SKI' I CERTIFICATE OF ABROGATION OF BUILDING SETBACK LINE CONSTRUCTION EASEMENTS AND BUILDING RESTRICTIONS WHEREAS, the CITY OF ELGIN, a municipal corporation (hereinafter referred to as "City' ) , did cause a plat of subdivision to be recorded August 19, 1992 in the Office of the Recorder of Kane County, Illinois, as Document No. 92 K 59007 ( "Plat" ) , of property commonly known as the "Fox Bluff Corporate Center" ; and WHEREAS, the Federal Aviation Administration is the owner of the real estate legally described as : Lot 15 of Fox Bluff Corporate Center, being a subdivision of part of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois; and WHEREAS, Olive Can Company is the owner of the real estate legally described as : Lots 12, 13, 14, 6, 7, 9, 10, 11 and vacated right of way at Chamber Drive and Cook Circle, of Fox Bluff Corporate Center, being a subdivision of part of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois; and WHEREAS, Elgin Corrugated Box Company is the owner of the real estate legally described as : Lots 37 through 40, inclusive, of Fox Bluff Corporate Center, being a subdivision of part of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois; and WHEREAS, the Bowes Road Partnership is the owner of the real estate legally described as : The Easterly 20 .00 feet of Lot 2 and the Westerly 205 . 00 feet of Lot 3 of of Fox Bluff Corporate Center, being a Subdivision of Part of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian. Situated in the City of Elgin, Kane County, Illinois and Containing 62, 394 . 75 square feet more or less; and WHEREAS, the City owns the remainder of all real estate described by the Plat; and 9§-K-0-&6 98 8 { 5K 6048 • WHEREAS, the Plat, and more specifically Lots 1, 2, 3, 4 , 5, 8, 10 and 11 of the Plat, contains a building setback line running easterly and westerly through said Lots 1, 2, 3, 4, 5, 8, 10 and 11, which building setback line is 100 feet from the southerly lot lines of said lots ( "the Restriction Line" ) ; and WHEREAS, the Plat, and more specifically Lots 1, 2, 3, 4, 5, 8, 10 and 11 of the Plat, contains a construction easement, encompassing the northerly eighty (80) feet of the southerly one hundred easterly and westerly through said Lots 1, 2, 3, 4, 5, 8, 10 (100) feet and 11; and running WHEREAS, the Plat, and more specifically Lots 1, 2, 3, 4 , 5, 8, 10 and 11 of the Plat, contains a landscape easement encompassing the southerly fifty (50) feet running easterly and westerly through said Lots 1, 2, 3, 4, 5, 8, 10 and 11; and WHEREAS, City and the above described owners of all of the real estate affected by the Plat desire to amend the aforementioned building setback and easements to provide for the relocation of the building setback Restriction Line and the easements, and have provided consent to such relocation as indicated by Exhibits A, B, C and D, attached hereto and made a part hereof. NOW, THEREFORE, for and in consideration of the premises and of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the above described owners, as owners of all of the real estate included in the Plat, hereby certify that the southerly building setback Restriction Line and the easement areas, as shown on the Plat and described herein as Lots 3, 4, 5, 8, 10, 11 and the easterly twenty (20) feet of Lot 2, are hereby abrogated and annulled, it being the intention of the City and the undersigned o ner��s�,,��tha th�r no further restriction as to the location o°Buinfggs er y 2otsiines 4, 5, 8, 10, 11 and the easterly twenty (20) feet of Lot 2 contained in the Plat, except as otherwise required by applicable laws and ordinances and except that a building setback line shall now be located sixty (60) feet from the southerly lot lines of Lots 3, 4, 5, 8, 10, 11 and the easterly twenty (20) feet of Lot 2; a construction easement shall be retained by City, which shall be located in the southerly sixty ( 60) feet of Lots 3, 4, 5, 8, 10, 11 and the easterly twenty (20) feet of Lot 2; and a landscaping easement shall be retained by City, which shall be located in the southerly twenty (20) feet of Lots 3, 4, 5, 8, 10, 11 and the easterly twenty (20) feet of Lot 2; each of which building setback line and easements shall run in an easterly and westerly direction. 3 2 9-51-D4.- 6-9 88 ti 5K060 748 IN WITNESS WHEREOF, the City and the undersigned owners have caused this instrument to be executed effective this w1 L day of SEp T G-/h /e 7e__ , 1995 . CITY OF ELGIN, ILLINOIS By / ,�' `— '`"' Mayor Attest: li: /a , �. City Clerk 7 3 ` Us6988' 5 ti 060 748 STATE OF ILLINOIS ) ss COUNTY OF K A N E ) I , Suellyn Losch , a Notary Public in and for said County and State aforesaid, DO HEREBY CERTIFY, that Kevin Kelly, Mayor, and Dolonna Mecum, City Clerk, of the City of Elgin, who are personally known to me to be the same persons whose names are subscribed in the foregoing instrument as such Mayor and City Clerk, appeared before me this day in person and severally acknowledged that they signed, sealed and delivered this aid instrument of writing as their free and voluntary act, and as the free and voluntary act of the City of Elgin for the uses and purposes therein set forth pursuant to the authority given by the City Council of the City of Elgin and caused the corporate seal of said City of Elgin to be thereto attached. GIVEN under my hand and notarial seal this 18th day of September , 1995 . THIS INSTRUMENT PREPARED BY: OFFICIAL SEAL Michael R. Gehrman SUELLYN LOSCH 150 Dexter Court NOTARY PUBLIC,SLATE OF ILLINOIS Elgin, Illinois 60120-5555 MY COMMISSION EXP:RES:10/27/98 S 4 9-5A-4-3-5G988 w5 60 7 48 PLAT AMENDMENT WAIVER Olive Can Company , an Illinois Corporation for good and valuable consideration, the receipt and suffi- ciency of which is hereby acknowledged, hereby consents, agrees, and expressly waives any objection or other right or interest it may have to an amendment of the southerly build- ing setback line, landscape easement and temporary easement line of Lots 1, 2, 3, 4, 5, 8, 10 and 11 of the Fox Bluff Corporate Center, Elgin, Illinois, as depicted by a Plat of Subdivision recorded as Document Number 92 K 59007 by the Kane County Recorder of Deeds, which amendment shall cons,:i- tute a reduction of the aforementioned building setback Line from 100 feet to 60 feet, a reduction of the landscape ease- ment from 50 feet to 20 feet, and a reduction of the construc- tion easement from 80 feet to 60 feet from the southerly lot lines. Dated this 15th day of August, 1995. -- e Subscribed and sworn before me this \S— day of " OFFICIAL SEAL" August, 1995. ALLISON ANN WIENBERG NOTARY PUBLIC,STATE OF ILLINOIS kilkl-kbey‘ al\I\P 1 UXQN\CIQI MY COMMISSION EXPIRES 11/7/98 Notary Public Exhibit C 95 K 0 64748 PLAT AMENDMENT WAIVER Bowes Road Partnership , an Illinois Partner- ship for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby consents, agrees, and expressly waives any objection or other right or interest it may have to an amendment of the southerly build- ing setback line, landscape easement and temporary easement line of Lots 1, 2, 3, 4, 5, 8, 10 and 11 of the Fox Bluff Corporate Center, Elgin, Illinois, as depicted by a Plat of Subdivision recorded as Document Number 92 K 59007 by the Kane County Recorder of Deeds, which amendment shall consti- tute a reduction of the aforementioned building Eetback line from 100 feet to 60 feet, a reduction of the landscape ease- ment from 50 feet to 20 feet, and a reduction of the construc- tion easement from 80 feet to 60 feet from the southerly lot lines. Dated this 15th day of August, 1995. • f • ndy Kovari Subscribed and sworn before ne this 17a- day of August, 1995. N' ary P• •lic OFFICIAL SEAL ; PLAT AMENDMENT WAIVER , Elgin Corrugated Box Company , an Illinois Corporation for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby con- sents, agrees, and expressly waives any objection or other • right or interest it may have to an amendment of the souther- ly building setback line, landscape easement and temporary easement line of Lots 1, 2, 3, 4, 5, 8, 10 and 11 of the Fox Bluff Corporate Center, Elgin, Illinois, as depicted by a Plat of Subdivision recorded as Document Number 92 K 59007 by the Kane County Recorder of Deeds, which amendment shall constitute a reduction of the aforementioned building setback line from 100 feet to 60 feet, a reduction of the landscape easement from 50 feet to 20 feet, and a reduction of the construction easement from 80 feet to 60 feet from the south- erly lot lines. Dated this 15th day of August, 1995. /°.1°.''' ..400c ,sr Subscribed and sworn before - me this 1t — day of -:August, 1995. • Notary Pub is " OFFICIAL SEAL " DENISE M. ELANKEN NOIARr PUBIC. STATE OF ILLINOIS MY COMMISSION EXPIRES 8/7/96 Exhibit D - 9-556968 566O748 t - . a PLAT AMENDMENT WAIVER Federal Aviation Administration , an Agency of the Federal Government for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby consents, agrees, and expressly waives any objection or other right or interest it may have to an amendment of the southerly building setback line, landscape easement and tempo- rary easement line of Lots 1, 2, 3, 4, 5, 8, 10 and 11 of the Fox Bluff Corporate Center, Elgin, Illinois, as depicted by a Plat of .Subdivision recorded as Document Number 92 K 59007 by the Kane County Recorder of Deeds,, which amendment shall constitute a reduction of the aforementioned building setback line from 100 feet to 60 feet, a reduction of the landscape easement from 50 feet to 20 feet, and a reduction of the construction easement from 80 feet to 60 feet from the south- erly lot lines. - Dated this 15th day of August, 1995. /624 - I. .441 :::____ . 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MS 94 a ic 118 MBNMMOQ 81AIM11fa in hes.e.of. 4 IL Inciogrier4C, , WE _ 1 IN /oo ' - 13d,lo1rl.(fy L 'a.Ic, Lo'Ts .1d ' 60 ' = 13Q.(cI&' t,„�t c,e-r-s 3 �' S/ S, a0' - Sew e2 !r.4-Se.pfems" S o L ratid sc 4p 15•er s-c-K•4-t Go7 S ice a act ' L.r►tialscNp-e rest-•rr r Lo i S 3 , Y1 s, �/ go ' - &or0 s7!Ido7 c/0 ,E•P/45& 64-T Go i S /d 2 yv ' --- Co wo s 1a v c-T, c•-E) 6:4 S e- I r-s 7 4 0 9 5 3, I, e, /d 1/ • . . _ . . • - ���, Agenda Item No. ' _z ,„ August 15, 1995 TO: Mayor and Members of the City Council - FROM: Richard B. Helwig, City Manager SUBJECT: Plat Amendment Fox Bluff Corporate Center PURPOSE The purpose of this memorandum is to present to the Mayor and members of the City Council changes in the subdivision plat for Fox Bluff Corporate Center (FBCC) . BACKGROUND The subdivision plat for the Fox Bluff Corporate Center that was recorded on August 19, 1992 contained the following ease- ments and restrictions on the south boundary (Elgin/South Elgin boundary line) of the property: 1. 100 foot building line. 2. 20 foot sewer easement. 3. 80 foot construction easement 4. 50 foot landscape easement The sewer easement, construction easement and landscape ease- ment are all contained within the 100 foot rear building line setback. The 100 foot building setback and the 50 foot land- scape easement were originally established because it was anticipated that the South Elgin land use around the southern boundary with Fox Bluff Corporate Center would be residential. -Only lots 1 and 2 are adjacent to residential property. The remainder of the South Elgin property adjacent to the south - , ::border of the FBCC is zoned as park and manufacturing. Prospective buyers of property at the FBCC have expressed concern about the limitations that the current plat require- ments place on possible development of lots 1, 2, 3, 4, 5, 8, 10 and 11. The CD Concepts current site plan has its build- ing encroaching 11 feet into the current 100 foot setback. A prospective buyer is requiring a change in the 100 foot build- ing line as a part of its proposed acquisition of part of lots 4 and 5. Platt Amendment/FBCC August 15, 1995 rm. Page 2 preparing the following changes to the plat for the proper- ties that are not adjacent to residential property. The sewer easement, construction easement and landscape easement will be contained within the 60 foot rear building line set- -- !back. 1. 60 foot building line 2. 20 foot sewer easement 3. 40 foot construction easement 4 . 20 foot landscape easement The current property owners have agreed to the proposed chang- es (see attached waiver) . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Current property owners in FBCC - FAA, Elgin Corrugated Box and Olive Can. FINANCIAL IMPACT None. While there is no immediate financial impact with the change, the lots will be more marketable. LEGAL IMPACT All owners of the lots must consent to this amendment. RECOMMENDATION Authorize revisions to the Fox Bluff Corporate Center Subdivi- sion Plat as outlined above. Respectfully submitted, Pope &cL '1 . `nk0-(11'a Raymond H. Moller Director or Business Services and Properties ?(' LICL416r441'K) R e K. Dast o i ector of hl P ing ames L. Kristiansen irector of Public Works Richard B. Helwig City Manager amp r PLAT AMENDMENT WAIVER Federal Aviation Administration , an Agency of the Federal Government for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby consents, agrees, and expressly waives any objection or other right or interest it may have to an amendment of the southerly building setback line, landscape easement and tempo- rary easement line of Lots 1, 2, 3, 4, 5, 8, 10 and 11 of the Fox Bluff Corporate Center, Elgin, Illinois, as depicted by a Plat of .Subdivision recorded as Document Number 92 K 59007 by the Kane County Recorder of Deeds, which amendment shall rconstitute a reduction of the aforementioned building setback line from 100 feet to 60 feet, a reduction of the landscape easement from 50 feet to 20 feet, and a reduction of the construction easement from 80 feet to 60 feet from the south- erly lot lines. - Dated this 15th day of August, 1995. /Add - —, A 4.. .411 4( Subscribed and sworn before ne this /S& day of August, 1995. Lary Public 4 OFFICIAL SEAL t/MICGEHRMAN HAEL OTARY PUBLIC, STATE OF ILLINOIS Commission Expires April 19, 1996 yI∎Ir'∎IM 1'VmI∎vvIrr C PLAT AMENDMENT WAIVER Olive Can Company , an Illinois Corporation for good and valuable consideration, the receipt and suffi- ciency of which is hereby acknowledged, hereby consents, agrees, and expressly waives any objection or other right or interest it may have to an amendment of the southerly build- ing setback line, landscape easement and temporary easement line of Lots 1, 2, 3, 4, 5, 8, 10 and 11 of the Fox Bluff Corporate Center, Elgin, Illinois, as depicted by a Plat of Subdivision recorded as Document Number 92 K 59007 by the Kane County Recorder of Deeds, .which amendment shall consti- tute a reduction of the aforementioned building setback line from 100 feet to 60 feet, a reduction of the landscape ease- ment from 50 feet to 20 feet, and a reduction of the construc- tion easement from 80 feet to 60 feet from the southerly lot lines. Dated this 15th day of August, 1995. Subscribed 4nd sworn before me this \5— day of ` OFFICIAL SEAL " August, 1995. ALLISON ANN WIENBERG NOTARY PUBLIC,STATE OF ILLINOIS �1/41/`t1 MY COMMISSION EXPIRES 11/7/98 Notary Public r PLAT AMENDMENT WAIVER Bowes Road Partnership , an Illinois Partner- ship for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby consents, agrees, and expressly waives any objection or other right or interest it may have to an amendment of the southerly build- ing setback line, landscape easement and temporary easement line of Lots 1, 2, 3, 4, 5, 8, 10 and 11 of the Fox Bluff Corporate Center, Elgin, Illinois, as depicted by a Plat of Subdivision recorded as Document Number 92 K 59007 by the Kane County Recorder of Deeds, which amendment shall consti- tute a reduction of the aforementioned building setback line from 100 feet to 60 feet, a reduction of the landscape ease- ment from 50 feet to 20 feet, and a reduction of the construc- tion easement from 80 feet to 60 feet from the southerly lot lines. Dated this 15th day of August, 1995. ndy Kovari Subscribed and sworn before me this 17 day of August, 1995. N, ary Pd •lic OFFICIAL SEAL • MICHAEL GEHRMAN t NOTARY PUBLIC, STATE OF ILLINOIS 4 My Commission Expires April 19, 19% ■■■•■■•■•■• ■•■ ■•■■ a • PLAT AMENDMENT WAIVER Elgin Corrugated Box Company , an Illinois Corporation for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby con- sents, agrees, and expressly waives any objection or other right or interest it may have to an amendment of the souther- ly building setback line, landscape easement and temporary easement line of Lots 1, 2, 3, 4, 5, 8, 10 and 11 of the Fox Bluff Corporate Center, Elgin, Illinois, as depicted by a Plat of Subdivision recorded as Document Number 92 K 59007 by the Kane County Recorder of Deeds., which amendment shall constitute a reduction of the aforementioned building setback line from 100 feet to 60 feet, a reduction of the landscape easement from 50 feet to 20 feet, and a reduction of the construction easement from 80 feet to 60 feet from the south- erly lot lines. Dated this 15th day of August, 1995. Subscribed arid sworn before me this 151 •• day of »August, 1995. • Notary Pub c r " OFFICIAL SEAL " DENISE M. BLANKEN NOTARY PUBLIC. STATE OF ILLINOIS MY COMMISSION EXPIRES 8/7/96