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Home My WebLink About95-268 JULY, 2007 IN REVIEWING THIS FILE,IT WAS DETERMINED THAT AN EXECUTED COPY OF THE AGREEMENT LISTED BELOW WAS NEVER RETURNED TO THE CLERK'S OFFICE. ALL THAT IS AVAILABLE IS THE ATTACHED DRAFT COPY OF THE AGREEMENT AND ITS SUPPORTING PAPERWORK. REFERENCE: RESOLUTION NO. 95-268 PASSED: DECEMBER 20, 1995 SUBJECT: AGREEMENT WITH GERALD J. KOPANSKI FOR TRANSFER OF SPECIAL USE REGARDING THE PROPERTY AT 1414 DUNDEE AVE. SPEED MESSAGE R) FROM - - - ------- • - •-•Uri IECT 11 -'•-'°117,-42-(--<-4C-7 .44-42 -(3:i 7(3 :( "•••,c/ /71•'„, \.• -CI ''..tr" /77 7r,,'• :2- •7-•4:- L„--.(1/Y2(. , 17- 77 - 1,4 SIGNED WilsonJones US!, 4:1.00 Dupfic... DUPLICATE • • Resolution No. 95-268 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT REGARDING TRANSFER OF SPECIAL USE AT 1414 DUNDEE AVENUE 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 an Agreement Regarding Transfer of Special Use at 1414 Dundee Avenue on behalf of the City of Elgin with Gerald J. Kopanski, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: December 20, 1995 Adopted: December 20, 1995 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Elm n ��of! 1 Agenda Item No. .74 �+ern rFe November 28, 1995 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: 1414 Dundee Avenue - Agreement Regarding Transfer of Special Use PURPOSE To present for City Council consideration an agreement con- senting to future transfers of the special use at 1414 Dundee Avenue. BACKGROUND Gerald Kopanski is the owner of the property at 1414 Dundee • Avenue. The property is improved with a used car business under the business name of Transportation Unlimited. Mr. Kopanski previously brought suit against the City in the Circuit Court of Kane County seeking a court order directing the City to issue a special use for an open sales lot. On April 10, 1989, the court entered an order directing the City Council to issue a special use for an open sales lot subject to reasonable restrictions as to density of vehicles, screen- ing, lighting and subject to the restriction that the special use permit . be granted to Gerald Kopanski only and that any transfer may be restricted. On June 28, 1989, the City Coun- cil passed Ordinance No. G57-89, which provided for the grant- ing of a special use for ,an open sales lot for the property. Paragraph 5 of Section 2 of the ordinance provided that the special use permit granted therein was granted to Mr. Gerald Kopanski, d/b/a Transportation Unlimited and that such spe- cial use permit may not be transferred, sold or utilized by any other person or entity without the prior approval of the City Council of the City of Elgin. r 1414 Dundee Avenue November 28, 1995 Page 2 eft Mr. Kopanski has requested that the City Council agree to the transfer of the special use permit to any and all successors and assigns of the property. In exchange for the City' s agreement regarding the transfer of the special use permit, Mr. Kopanski has agreed to perform certain earth' work, pave- ment, parking and landscape improvements on the property now required under current codes. Specifically, Mr. Kopanski would be adding a handicap parking space and delineating five additional regular spaces, closing an old curb cut along Route 25, adding a six foot barrier curb and providing addi- tional landscaping on the property including five trees . Under the terms of the proposed agreement Mr. Kopanski would commence the specified earth work, pavement, parking and landscaping improvements as detailed on an attached . site plan within 180 days . The City' s consent to the future transfers of the special use would be effective upon completion and approval of the improvements. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT eft. None. LEGAL IMPACT The inclusion of a restriction on future transfers of a spe- cial use is unusual and not typically included within any special use or conditional use ordinance. City Council ap- proval is required to allow Mr. Kopanski to sell the business at the property. RECOMMENDATION Approval of the agreement. Respectfully submitted, Erwi W. Je sch Corporation Counsel • Richard B. Helwig City Manager r WAC/mg C- S oek Resolution No. 95-268 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT REGARDING TRANSFER OF SPECIAL USE AT 1414 DUNDEE AVENUE 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 an Agreement Regarding Transfer of Special Use at 1414 Dundee Avenue on behalf of the City of Elgin with Gerald J. Kopanski, a copy of which is attached hereto and made a part hereof by reference. Kevin Kelly, Mayor Presented: December 20, 1995 Adopted: Vote: Yeas Nays Recorded: Attest: Dolonna Mecum, City Clerk tek AGREEMENT REGARDING TRANSFER OF SPECIAL USE AT 1414 DUNDEE AVENUE THIS AGREEMENT made and entered into this day of , 1995, by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the "City" ) , and Gerald J. Kopanski, doing business as Transportation Unlimited (hereinafter referred to as "Kopanski" ) . WITNESSETH: WHEREAS, Kopanski is the owner of the property commonly known as 1414 Dundee Avenue, Elgin, Kane County, Illinois, and legally described on Exhibit A hereto (hereinafter referred to as the "subject property") ; and WHEREAS, in proceedings in the Circuit Court of Kane County under General Number MR KA 87051, the Court entered an order on April 10, 1989 directing the City Council of the City of Elgin to issue a special use permit for an open sales lot for the subject property subject to reasonable restrictions as to density of vehicles, screening, lighting and subject to the restriction that the special use permit be granted to Kopanski only and that transfer may be restricted; and WHEREAS, on June 28, 1989, the City Council of the City of Elgin passed Ordinance No. G57-89 which provided for the granting of a special use for an open sales lot for the subject property; and WHEREAS, paragraph 5 of section 2 of said ordinance provided that the special use permit granted therein was granted to Mr. Gerald Kopanski, d/b/a Transportation Unlimited and that such special use permit may not be transferred, sold or utilized by any other person or entity without the prior approval of the City Council of the City of Elgin; and WHEREAS, Kopanski has requested that the City Council of the City of Elgin agree to the transfer of the special use permit to any and all successors and assigns of the subject property; and WHEREAS, in exchange for the City' s agreement regarding the transfer of the special use permit Kopanski has agreed to perform certain earth work, pavement, parking and landscape improvements on the subject property which are required by current codes; and WHEREAS, the City Council of the City of Elgin has determined that the public health, safety and welfare does not require the continued restriction on the transfer of the -2- r privileges under the special use permit and that the City should agree to approve the transfer of the special use permit to all successors and assigns of the subject property subject to the terms and conditions of this agreement. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows : 1 . That the foregoing recitals are incorporated into this Agreement in their entirety. 2 . That Kopanski agrees to within 180 days hereof to commence the earth work, pavement, parking and landscaping improvements as detailed on the Site Plan and Details prepared by Transportation Unlimited dated November 11, 1994, a copy of which is attached hereto as Exhibit B, and to proceed with the completion of said work in a timely, reasonable and workmanlike manner. 3 . That the City Council of the City of Elgin hereby agrees to the transfer, sale or utilization of the special use tow permit granted pursuant to Ordinance G57-89 from Gerald Kopanski, d/b/a Transportation Unlimited to any and all successors and assigns of the subject property, it being the intention of the City Council to hereby consent to the unlimited transfer, sale or utilization of the special use permit without restriction and further City Council approval. This consent of the City Council shall be deemed effective upon completion of the improvements by Kopanski as set forth in the preceding paragraph hereof. The Director of the City's Planning Department is authorized to issue a letter to Kopanski upon completion of such improvements confirming the improvements have been installed and completed. The parties have executed this Agreement on the date and year first written above. CITY OF ELGIN By Kevin Kelly Gerald J. Kopanski Mayor Attest: City Clerk • • • 11 oilf fiii ; K pi ff, Nid .... 1pf r if ftr .i : : t r; . ri � t t ti 1 - - • �`> FT '4 I I I 1 1 I I 1 I I I I I I il I I I I I I I I 1 I I I 1 I I I I I I I I I"I 1 I 1 17 l"•• ;a L 777717; }71717',7;11 R \1 ilio Lek k1 �y i i144144a.aii4r1 PUN wri . I iln;i,u„n` 1 Hi ill:al� a 'l! z! p� Tiff I E MN lJ01111111101111■■ 3iIIIIIIII 11111111 iia ii I; it /rap E,4,)-$ i, 1 i'fvfr .- 1 .- illi 3 If i 911 -r1 r. p 1 04 I I . ,,„,„.., giii0i. raupil j al . gliffi 5,, .........i,x 55! 51 ii r elf. - ling . 411d 0 . April 24, 1991 MEMORANDUM TO: Loni Mecum, City Clerk FROM: Erwin W. Jentsch, Corporation Counsel SUBJECT: Ordinance G20-75, as Amended by Ordinance G79-80 Attached for your records is a letter in which the property owner irrevocably abandons the special use granted for commercial development at McLean B ulevard and Route 20. EW nr Attachment cc: Director of Planning, w/attachment /' THE ARGENT GROUP 312 West Belden Avenue Chicago, Illinois 60614 (312) 525-1955 FAX (312) 525-8588 April. 15 . 1991 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Erwin W . Jentsch Corporation Counsel City of Elgin 150 Dexter Court Elgin , IL 60120 Dear Mr . Jentsch : In response to your letter to Mr . Heimberg dated April 3 , 1991 ( a copy of which is attached hereto ) , set forth below is the property owner ' s election to irrevocably abandon the special use which was granted pursuant to Ordinancne No . G20-75 . as amended by Ordinance No . G79-86 , so that the property is classified as a B3 Service Business District under the provisions of the City of Elgin Zoning Ordinance . Very truly yours . ARGENT REAL ESTATE CORPORATION By : t Its : f17L'i l4't The undersigned hereby irrevocably abandons the special use which was granted pursuant to Ordinance No . G20-75 , as amended by Or- dinance No . G79-86 so that the property is classified as a B3 Service Business District under the provisions of the City of El- gin Zoning Ordinance . The undersigned also acknowledges that sub- mission of this letter to Mr . Jentsch will satisfy the first Tar- get Date set forth in Section 11 . 01 ( iii ) (a ) of the Agreement to Purchase Vacant Land dated March 14 , 1991 by and between the un- dersigned and Argent Real Estate Development Corp . AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO , not individually , but as Trustee U/T/A dated August 21 , 1975 and known as Trust No . 91275 Its : / aND//eCe it', i/d PKC BURNHAM-MOREL PARTNERSHIP an �f` . " V, :e,)les',r,ta±ion, Illinois/ / ited/•artnriN By : Its : General Partner Agg Limited Partners pate April 1L , P 91 American National Bank and Trust Company of Chicago 33 NORTH LA SALLE STREET.CHICAGO.ILLINOIS 60690 You ore hereby authorized and directed to execute and deliver the following described document (o copy of which is attached hereto) in your capacity os Trustee under your Trust No. 91275 . Description of Document: Letter to : Erwin W. Jentsch Corporation Counsel City of Elgin 150 Dexter Court Elgin , IL 60120 In making this direction, the undersigned certifies and warrants that all of the representations and certifications contained in any of these documents are true statements of fact. Description of property: American National Bank and Trust Company of Chiago . Not individually , but as Trustee U/ I/A dated August 21 , 1975 and known as Trust No . 91275 . Vacant parcel located at Mclean Boulevard and Route 20 By-Pass Street address of property Deliver to Address // / / AM IllrGerald S . Gidwitz General Partner Burnham-Norel Parternship, an Illinois Received the above described documents. Limited Partnership. Dote DO NOT USE THIS FORM FOR TRUSTEE'S DEED Form 1568 1/65 APPROPRIATE FORM WILL BE FURNISHED ON REQUEST