Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
05-297
A 3 In T) r. Z Z �3 OTC THIS INSTRUMENT PREPARED BY AND RETURN TO: William A. Cogley �h Corporation Counsel City of Elgin 150 Dexter Ct. Elgin, Illinois 60120 2006KO58912 . . LLi l,[7 FS K ren �5 a �3 J G SANDY WEGMAN RECORDER - KANE COUNTY. IL RECORDED:06 /01/2006 03:53F'1f REC FEE: 26.00 RASPS FEE: PAGES: 5 THE ABOVE SPACE FOR RECORDER'S USE MEMORANDUM OF ANNEXATION AGREEMENT WITNESSETH On October 12, 2005, the City of Ei.gin, an Illinois municipal corporation, and Chicago Title and Land Trust Company as Successor Trustee to LaSalle Bank National Association, as trustee under Trust Agreement dated December 20, 1974 and known as Trust #2665 ( "LaSalle 1974 Trust "), LaSalle Bank National Association, as Trustee under Trust Agreements each dated December 11, 1998 and known as Trusts numbered 600889 -03, 600890 -00 and 600891 -09 (collectively "LaSalle 1998 Trusts "), and LaSalle Bank National Association, as Trustee under Trust Agreement dated February 10, 1999 and known as Trust number 600957 -00 ( "LaSalle 1999 Trust ", with LaSalle 1974 Trust, LaSalle 1998 Trusts and LaSalle 1999 Trust being collectively referred to as "Owner ") and PanCor Construction & Development, L.L.C., an Illinois limited liability comparry as "Developer ", as Owners and Developer of the real estate legally described in Exhibit A attached hereto (the "Subject Property ") entered into an Annexation Agreement (the "Annexation Agreement "; The Annexation Agreement provides for the annexation of the Subject Property into the City of Elgin and provides for certain other requirements including, but not limited to, requirements relating to the use, zoning and development of the Subject Property. The Annexation Agreement should be reviewed and consulted regarding the specific terms and provisions that encumber the Subject Property. IN WITNESS WHEREOF, this Memorandum of Annexation Agreement has been prepared and recorded by the City of Elgin CITY OF ELGIN, an Illinois municipal corpora /tion By_�V _W 4, William A. Copley Its .Corporation. nsel Subscribed and sworn to before IN me this 1st day of June, 2006. "OFFICIAL SEAL" MARY GIFFORT Notary Public, State of Illinois Nota y Pty 1 is My Commission Expires 6113(08 F: \Legal Dept\ Agreement\ AnnexationMemorandum- RandallPointBusYx -2675BigTimberRd.doc ,}+ (/ I EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY PARCEL ONE: THE EAST HALF OF THE WEST OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTHERLY OF THE CENTER LINE OF BIG TIMBER ROAD, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. PARCEL TWO: THAT PART OF FRACTIONAL SECTION 5, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 1.87 CHAINS EAST OF THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST FRACTIONAL QUARTER OF SAID SECTION; THENCE WEST ON THE NORTH LINE OF SAID SECTION TO A PORN 505 FEET WEST FROM THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH AT RIGHT ANGLES TO SAID NORTH LINE OF SAID SECTION 5, 774 FEET; THENCE SOUTH 86 DEGREES 50 MINUTES WEST TO THE EASTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY; THENCE SOUTHEASTERLY ALONG SAID EASTERLY RIGHT OF WAY LINE TO THE NORTHERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY COMPANY; THENCE EASTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE NORTH ALONG SAID EAST LINE TO THE CENTER OF SAID SECTION; THENCE EAST ALONG THE CENTER LINE OF SAID 01 SECTION TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST FRACTIONAL QUARTER OF SAID SECTION; THENCE NORTHERLY TO THE POINT OF BEGINNING IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS, EXCEPT THAT PART CONVEYED TO NORTHERN ILLINOIS GAS COMPANY BY WARRANTY DEED DOCUMENT 1068124, RECORDED APRIL 25, 1966. PARCEL THREE: THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER AND PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 31; THENCE NORTH ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 255.29 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID SECTION 200 FEET; THENCE SOUTH PARALLEL WITH THE EAST LINE OF THE SOUTHWEST QUARTER 498.86 FEET TO THE CENTER LINE OF BIG TIMBER ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE 386.97 FEET; THENCE CONTINUING ALONG SAID CENTER LINE 32.6 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 19 DEGREES 0 MINUTES WEST 899.01 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 31; THENCE WEST ALONG SAID SOUTH LINE 1213.08 FEET TO THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE NORTH ALONG SAID WEST LINE TO A POINT 569.40 FEET SOUTH OF THE CENTER LINE OF BIG TIMBER ROADJHENCE EASTERLY AT RIGHT ANGLES TO SAID WEST LINE 549.88 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID EAST HALF 228.46 FEET TO THE CENTER W: \WORK \34488 \Annexation Agt- v14.doc ii LINE OF BIG TIMBER ROAD; THENCE SOUTHERLY ALONG SAID CENTER LINE TO THE POINT OF BEGINNING, ALL IN TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. EXCLUDING THEREFROM THE FOLLOWING: THAT PART OF THE SOUTH HALF OF THE SOUTH HALF OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31 (BEING A POINT ON THE TOWN LINE BETWEEN ELGIN AND DUNDEE TOWNSHIPS) 1180.08 FEET EAST FROM THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31 THEREOF, FOR A POINT OF BEGINNING; THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER A DISTANCE OF 80.12 FEET; THENCE NORTH ALONG A LINE PARALLEL WITH THE EAST LINE OF THE SOUTHWEST QUARTER OF SAiL SECTION 3 i, A DISTANT OF 1106.75 FEET TO THE CENTER LINE OF BIG TIMBER ROAD (AS NOW CONSTRUCTED); THENCE SOUTHEASTERLY ALONG THE SAID LINE OF BIG TIMBER ROAD, A DISTANCE OF 423.75 FEET; THENCE SOUTH 18 -1/4 DEGREES WEST, A DISTANCE OF 917.45 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, IN DUNDEE TOWNSHIP, KANE COUNTY, ILLINOIS AND ALSO EXCLUDING THEREFROM THAT PART OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER A DISTANCE OF 1089.96 FEET TO THE PLACE OF BEGINNING; THENCE CONTINUING EASTERLY ALONG SAID W: \WORK \34488 \Annexation Agt- v14.doc iii q SOUTH LINE A DISTANCE OF 10.0 FEET; THENCE NORTHERLY ALONG A LINE PARALLEL WITH EAST LINE OF SOUTHWEST QUARTER OF SAID SECTION 31, A DISTANCE OF 1106.75 FEET TO THE CENTER LINE OF BIG TIMBER ROAD; THENCE NORTHWESTERLY ALONG SAID CENTER LINE A DISTANCE OF 11.92 FEET, THENCE SOUTHERLY ALONG A LINE PARALLEL WITH THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31 TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. W: \WORK \34488 \Annexation Agt- v14.doc iv 5 Resolution No. 05 -297 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER TRUST AGREEMENT DATED DECEMBER 20, 1974 AND KNOWN AS TRUST #2665, LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER TRUST AGREEMENTS EACH DATED DECEMBER 11, 1998 AND KNOWN AS TRUSTS NUMBERED 600889-03,600890-00 AND 600891 -09 AND LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER TRUST AGREEMENT DATED FEBRUARY 10, 1999 AND KNOWN AS TRUST NUMBER 600957 -00 AND PANCOR CONSTRUCTION & DEVELOPMENT, L.L.C. FOR RANDALL POINT BUSINESS PARK, 2675 BIG TIMBER ROAD WHEREAS, the owners of record of certain territory described in Exhibit A, attached hereto and made a part hereof by reference, desire annexation of said territory to the City of Elgin; and WHEREAS, said territory is not a part of any other municipality; and WHEREAS, no electors reside on the subject territory; and WHEREAS, the corporate authorities of the City of Elgin desire to annex said territoryupon certain terms and conditions; and WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a public hearing has been held after due notice as required by law and all persons appearing and wishing to testify concerning the proposed annexation agreement have been heard; and WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin that it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute on behalf of the City of Elgin an annexation agreement in the form attached hereto as Exhibit A and incorporated herein by reference. law. Section 2. That this resolution shall be effective from and after its passage as provided by s/ Ed Schock Ed Schock, Mayor Presented: October 12, 2005 Adopted: October 12, 2005 Vote: Yeas: 6 Nays: 1 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ANNEXATION AGREEMENT RANDALL POINT BUSINESS PARK *Chicago Title and Land Trust 2675 Big Timber Road Company as Successor Trustee to THIS AGREEMENT made and entered into this 12th day of October, 2005, by and between the City of Elgin, Illinois, a municipal corporation of the Counties of Cook and Kane, in the State of Illinois (hereinafter referred to as the "City ") , * LaSalle Bank National Association, as trustee under Trust Agreement dated December 20, 1974 and known as Trust # 2665 "LaSalle 1974 Trust 11), LaSalle Bank National Association, as Trustee under rust Agreements each dated December 11, 1996 and known as Trusts numbered 600889 -03, 600890 -00 and 600891 -09 collectively "LaSalle 1998 Trusts "), and LaSalle Bank National Association, as Trustee under Trust Agreement dated February 10, 1999 and known as Trust number 600957 -00 ( "LaSalle 1999 Trust ", with LaSalle 1974 Trust, LaSalle 1998 Trusts and LaSalle 1999 Trust being collectively referred to as "Owner ") and PanCor Construction & Development, L.L.C., an Illinois limited liability company (hereinafter referred to as the "Developer"). WHEREAS, Owner is the owner of record of the real property described in Exhibit "A ", which is attached hereto and made a part hereof (which real property, for conve:.�e:.ce, is hereafter referred to as the "Subject Property ") and which real estate is not within the corporate limits of any municipality but is contiguous to the corporate limits of the City of Elgin; and WHEREAS, the Developer is the contract purchaser of the Subject Property from the Owner; and WHEREAS, Owner and Developer desire to annex the Subject Property to the City upon terms and conditions recited in this Agreement so that the Subject Property may be developed by the Developer as herein provided; and WHEREAS, Owner and Developer, after full consideration, recognize the many advantages and benefits resulting from the annexation of the Subject Property to the City; and WHEREAS, the Subject Property constitutes territory which is contiguous to and may be annexed to the City of Elgin as provided in Article 7 of the Illinois Municipal Code (65 ILLS 5/7 -1 -1 et seq.); and WHEREAS, the Subject Property is located within the Rutland Dundee Fire Protection District, and whereas each of the Trustees of said District was notified in writing by certified or registered mail at least ten (10) days in advance of any action taken with respect to the annexation of the Subject Property, and whereas an affidavit that service of the said notice had been provided has been filed with the County Recorder; and WHEREAS, the Subject Property is located within both Elgin and Dundee Townships, and whereas the Township Commissioners of Highways and each of the Trustees of both of said Townships were notified in writing by certified or registered mail at least ten (10) days in advance of any action taken with respect to the annexation of the Subject Property; and WHEREAS, the Mayor and City Council of the City (Corporate Authorities) have duly set a date, time and place for a public hearing on this Annexation Agreement, and have caused due notice to be made of said public hearing through publication in the Daily Courier News, a newspaper of general circulation in the community, and the City has held such public hearing; and WHEREAS, the Corporate Authorities of the City, after due and careful consideration, have concluded that the annexation of the Subject Property to the City on the terms and conditions hereinafter set forth is in the best interests of the City; and WHEREAS, pursuant to notice as required by statute and ordinance public hearings were held by the Planning and Development Commission of the City on the requested zoning of the Subject Property. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. This Agreement is made pursuant to and in accordance with the provisions of Section 11 of the the inois exercise Municipal Code (65 ILCS 5/11- 15.1.1 et seq.), and in home rule power of the City. 2. The Corporate Authorities, within 30 days following: (a) the execution of this Agreement, (b) the receipt of a current title report verifying the owner of record of the W: \WORK \34488 \Annexation Agt- vl4.doc -2 Subject Property by the City Clerk, (c) the filing of Owner's Petition for Annexation in form and substance as required by law, and (d) the receipt of (i) a certified copy of the ordinance annexing the Subject Property to the Fox River Water Reclamation District ( "FRWRD") or (ii) evidence reasonably satisfactory to the City that FRWRD has annexed a portion of the Subject Property and agrees to annex the balance of the Subject Property in phases, shall pass an ordinance annexing the Subject Property to the City. By mutual agreement of the City and Owner, said annexation may be in one or more phases. The Annexation Plat(s) for the subject ordinance(s) shall be in the form of Exhibit B attached hereto and made a part hereof. 3. A. Immediately after the passaged of the in ordinance(s) 2 annexing the Subject Property, as p paragraph hereof, the Corporate Authorities shall pass or adopt the following ordinances and resolution: i. an ordinance zoning the property in the PGI- Planned General Industrial District in the form attached hereto as Exhibit C. In the event the Subject Property is annexed in phases, the Subject Property shall also be zoned in the same phases as the Subject Property is annexed. ii. a resolution approving the Preliminary Plat of Subdivision for Randall Point Business Park (being a proposed subdivision of the Subject Property) prepared by Jacob & Hefner, dated July 8, 2005, and last revised on September 26, 2005, (hereinafter referred to alternatively as the "Preliminary Plat of Subdivision ", "Development Plan" or "Development ") a copy of such Preliminary Plat being attached hereto as Exhibit D. . B. Except as otherwise provided for in this Agreement no changes or amendments in the zoning ordinance of the City which shall directly or indirectly adversely affect the use or development of the Subject Property shall be of any effect unless applicable to all comparable areas of the City. C. The Subject Property and the Development contemplated herein shall be developed in substantial conformance with the Preliminary Plat of Subdivision. Engineering for the Subject Property and the Development contemplated herein shall be in substantial conformance with W: \WORK \34488 \Annexation Agt- vl4.doc -3 the Preliminary Engineering Plans for Randall Point Business Park prepared by Jacob & Hefner, dated July 8, 2005 last revised September 27, 2005 attached hereto as Exhibit E (hereinafter referred to as the "Preliminary Engineering Plans "), with such further revisions as required by the City Engineer as noted in Comments 1 though 10 in the memorandum entitled "Randall Point Business Park - Summary" attached hereto as Exhibit E -1. Notwithstanding the foregoing, or anything to the contrary in the Preliminary Engineering _Plans or in this Agreement, sidewalks shall be provided on both sides of the streets for the Subject Property. The City and the Developer agree to make reasonable modifications to the Preliminary Plat, subdivision plat, Preliminary Engineering and /or the landscaping plans to solve engineering, layout and /or design problems not reasonably foreseeable at the time of the execution of this Agreement, provided that such changes are in substantial conformance with the approved Preliminary Plat of Subdivision. The parties agree that changes to planned developments provided for in Section 19.60.200 of the Elgin Municipal Code, 1976, as amended, may be approved by the City's Development Administrator without public hearings and without formal amendment to this Agreement. The City agrees to reasonably consider the approval of a variation request by the Developer to the City's stormwater ordinance which requests a variation from the requirement ofhQ 5 foot maximum allowable water fluctuation UD uLICe �. detention ponds to allow a maximum allowable water fluctuation (bounce) in the detention ponds of a maximum of 5 additional feet for a total of a maximum of 10 feet of allowable water fluctuations (bounce) in the detention ponds. D. Developer shall be allowed to seek final approval for the subdivision of portions of the Subject Property as depicted in the Preliminary Plat of Subdivision and shall not be required to submit a ia accordance with single applicable but may submit for approval n ordinances of the City such plats for phased development of the Subject Property as the Developer may ldetermine. develoThe City shall approve final plats of a p ed subdivision or resubdivision as submitted in phases if such plat or plats are consistent with (i) applicable ordinances, (ii) sound engineering practices (including, without limitation, stormwater practices) (iii) the Preliminary Plat of Subdivision and the Preliminary Engineering Plans, and (iv) the terms and conditions of this Agreement. E. Developer shall be responsible for the construction and installation of those on -site public improvements and W: \WORK \34488 \Annexation Agt- vl4.doc -4 utilities consisting of storm sewers, sanitary sewers, water mains, streets and appurtenant structures as are needed to adequately service the Subject Property in accordance with applicable City ordinances and requirements and as are depicted on the Preliminary Engineering Plans for the Subject Property. Except as otherwise specifically provided herein, public improvements shall be required only for those areas which are included in each final plat or plats of planned unit development, subdivision, or resubdivision except for such off -site public improvements, including but not limited to water main loops, sanitary sewer facilities, and storm water management facilities as the City may reasonably require based upon generally accepted engineering standards. Adequate security as provided by law shall also be furnished by Developer for any such improvements. Developer shall dedicate to the City, and, the City shall accept, all municipal utility easements, including water, sanitary sewer, and storm sewer easements to detention /retention facilities, if any, included ject and shall also grant easements to in each phase of the pro applicable utility companies for gas, electric, telephone, and cable television; all of such easements and facilities shall be consistent with t ordinancs and size of easements. regulating condition, placement, 4. Developer represents that off -site utility easements, if anv, required to service the Subject Property are described on Exhibit F. The City agrees that in the event Developer is unable to obtain said utility easements over, under, across, or through property not owned by the ity or under the City's control which may be necessary or appropriate for the development of the Subject Property at a cost and on conditions acceptable to Developer; the City shall use, to the full extent permitted by law, its eminent domain power to secure all easements. Prior to commencing any condemnation action, Developer shall submit, for City review and approval written documentation demonstrating that Developer has pursued reasonable alternatives for the acquisition of such easements, and Developer shall deposit with City the amount of funds necessary to pursue eminent domain action and to acquire such property interests. All such actions and acquisitions by the City shall be at no cost to the City, which costs shall be borne solely by the Developer. The City shall issue no building permits until the required utility easements have been secured and recorded. 5. A. Developer shall comply with the Elgin Municipal Code Title 17 -- Development Impact Fees, as amended, and pay the fees when due as required therein. Developer further agrees to pay to the City a Development Contribution for W: \WORK \34488 \Annexation Agt- v14.doc -5 Roadways in the amount of $2,333.98 per 1,000 square feet of non - residential building development or fraction thereon on the Subject Property, not to exceed $53,054.00 per non- residential building. Such Development Contributions for Roadways shall be paid on a per unit basis (per building) concurrent with the issuance of a building permit. Developer further agrees to comply with City of Elgin Ordinance No. G3- 02 and shall pay to the City the Public Building Capital Improvement Contribution as required therein. Such fee shall be paid on a per unit basis (per building) concurrent with the issuance of the building permit Owner and Developer hereby represent and agree that Developer is paying the fees and contributions to the City provided for in this paragraph and this Agreement as an inducement to the City to annex the Subject Property. Owner and Developer further agree that the contemplated fees and cash contributions to the City for the improvements which may ultimately be constructed by the City, with such fees and cash contributions are acknowledged and agreed to be specifically and uniquely attributable to the future development of the Subject Property and the public improvements contemplated by such fees and cash contributions will not otherwise be anticipated by the City, absent the annexation of the Subject Property. Owner and Developer on behalf of themselves and their successors, assigns and the grantees of their properties, further hereby acknowledge the propriety, necessity, and legality of the fees `and contributions provided for in this paragraph Win. Agreement and do further hereby agree and do waive any and all rights to any and all legal or other challenges or defenses to the fees and contributions provided for in this paragraph and in this Agreement and hereby agree and covenant on behalf of themselves and their successors, assigns and the grantees of their properties, not to sue the City or maintain any other legal action or defense against the City with respect to such fees and contributions. B. The calculation of the City's impact fees under current ordinances is attached hereto as Exhibit G. Notwithstanding anything to the contrary in this Agreement, it is agreed and understood that the Subject Property and the Developer and Developer's successors and assigns shall be subject to and shall be required to pay any and all new and /or increased fees or other contributions that are (i) adopted by the City and (ii) applicable to other properties of similar use. Nothing herein prevents the Developer from prepaying any impact fees in order to avoid subsequent impact fee increases. W: \WORK \34488 \Annexation Agt- v14.doc -6 6. (a) The Preliminary Plat shows that existing Madeline Drive (now terminating at the north side of the Big Timber Road right -of -way) shall be extended through the Subject Property (the "Southerly Extension of Madeline Drive ") . However, in order to cause the Southerly Extension of Madeline Drive to intersect the south right -of -way line of for the Big Timber Road at a 90 degree angle, i i necessary a ma portion City to acquire, for right -of -way purposes, consisting of approximately 2200 to 3000 square feet(the "Subject Right -of -Way Parcel ") of that parcel or real estate bearing Kane County tax parcel identification number 03 -31- 300 -012 (the "Adjacent Parcel ") . The Subject Right -of -Way Parcel is depicted in Exhibit H attached hereto. (b) Developer shall make a good faith and bona fide attempt to agree with the owner of the Subject Right of Way Parcel to purchase the Subject Right of Way Parcel from the owner thereof through a voluntary transaction paying the fair cash market value for such property. Such good faith and bona fide attempt by the Developer to purchase the Subject Right of Way Parcel from the owner thereof through a voluntary transaction shall be demonstrated by the Developer to the reasonable satisfaction of the City's Corporation Counsel. Developer's good faith and bona fide attempts for agree with the owner of the Subject Right Of Way the voluntary purchase thereof shall include Developer submitting to the City and to the owner of the Subject Right of Way Parcel an appraisal of the fair cash market value of the Subject Right of Way Parcel. In the event the owner of the Subject Right of Way Parcel desires to obtain an independent appraisal of the Subject Right of Way Parcel the Developer shall pay the cost of the owner's appraisal. If the first two appraisals posit materially different values and the Developer and the owner of the Subject Right of Way Parcel have been unable to agree on the terms of a voluntary transaction, the Corporation Counsel may procure on behalf of the City a third appraisal of the fair cash market value of the Subject Right of Way Parcel with the cost of such appraisal to be paid by the Developer. If after Developer has pursued and completed a good faith and bona fide attempt to agree with the owner of the Subject Right of Way Parcel for a voluntary purchase thereof, but is unable to complete a voluntary purchase of the Subject Right of Way Parcel, the City agrees, to the full extent permitted by law, to use its eminent domain power to acquire the Subject Right of Way Parcel. Prior to the City commencing any condemnation action, Developer shall deposit with the City the amount of W: \WORK \34488 \Annexation Agt- vl4.doc -9 funds necessary to pursue such eminent domain action and to acquire the Subject Right of Way Parcel as determined by the Corporation Counsel. All such actions and acquisitions by the City shall be at no cost to the City, which cost shall be born and paid solely by the Developer. (c) If, prior to the City's acquisition of the Subject Right -of -Way Parcel, the Developer is ready to proceed to with the construction of the Southerly Extension of Madeline Drive, then the City shall permit the Developer to construct the northern -most end of said Southerly Extension of Madeline Drive as a Temporary Right -of -Way (hereafter defined) so as to avoid the Adjacent Parcel, with Ri ht- ofderst Parcel aid agreement that once the Subject g obtained by the City, the Developer shall promptly (i.e. within six (6) months but subject to weather conditions) replace the Temporary Right -of -Way with the permanent section of the Southerly Extension of Madeline Drive so as to intersect Big Timber Road at a 90 degree angle. As used herein, the term "Temporary Right -of -way" shall mean a roadway not requiring curbing or gutter, and being built with the minimum thickness of asphalt reasonably necessary to insure structural integrity for only such time as is reasonably estimated to be required for the City to obtain ownership of the Subject Right -of -Way Parcel. il 7. Developer shall cause all porm��....s of Subject Property depicted on a Preliminary Plat as wetlands, screening berms and entry ponds, common open space area, storm water retention areas, and dry detention areas either to be retained by Developer or to be conveyed to a Property Owners Association or associations consisting of the owners of all property located in areas designated by Developer; unless said areas are to be dedicated for public ownership and maintenance at the City's request. A Declaration or Declarations of Covenants, Conditions and Restrictions requiring that the Association or associations own and maintain areas conveyed thereto shall be submitted to City for review and approval prior to final plat approval, said Declaration to be filed for recording, atel fer Subject expense, Pr pertythe as final Developerf may applicable phase o determine. 8. Except as specifically permitted pursuant to variation or planned development approval, or paragraphs 9 and 10 of this Agreement, all aspects of the development and use of the Subject Property and construction and installation of improvements thereon, both on -site and off -site, shall comply fully with all applicable City ordinances and codes. W: \WORK \34488 \Annexation Agt- vl4.doc -8 9, If during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations of general applicability throughout the community to a land developer or subdivider affecting the installation of land improvements (streets, underground utilities, sidewalks, curbs and gutters) upon the Subject Property are amended or modified in any manner to impose additional requirements on the installation of land improvements within the City, the burden of such additional requirements shall not apply to the Subject Property. This section shall not apply to any changes in fees imposed by the City. City agrees that there shall be no unreasonable or discriminatory changes in the method of calculation of fees applicable to the Subject Property. lo. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of improvements, buildings or appurtenances or other regulatory ordinances regarding the public health, safety and welfare are amended or modified in any manner to impose less restrictive requirements on the development of, or construction upon, properties within the City, then the benefit of such less restrictive requirements shall inure to the benefit of Developer, and anything to the contrary contained herein notwithstanding, Developer may elect to proceed with respect to the development of, or construction upon, the Subject Property upon the less restrictive amendment or modification applicable generally to all properties within City. 11. City hereby agrees to allow Developer to tie into the existing sanitary sewer lines of the City, at Developer's expense, subject to payments required under any outstanding reimbursement ordinances, and with payment of all applicable fees. At Developer's expense, City agrees to cooperate with Developer in obtaining all necessary Illinois Environmental Protection Agency (IEPA) permits required for such sanitary sewer systems and tie -ins. Developer shall bear all costs for extensions, tie -ins, and permits consistent with applicable City ordinances. Developer shall be responsible for the extension of sewer lines to the far edges of the Subject Property subject to review and approval by the City Engineer. Developer shall install sewer line extension improvements on the Subject Property in compliance with the Final Engineering Plan approved by the City Engineer for each phase of the development. 12. City hereby agrees to allow Developer to tie into W: \WORK \34488 \Annexation Agt- v14.doc -9 the existing water lines of the City, at Developer's expense, subject to payments required under any outstanding reimbursement ordinances, and with the payment of applicable fees. At Developer's expense, City agrees to cooperate with Developer in obtaining all necessary Illinois Environmental Protection Agency (IEPA) permits required for such water main extensions and tie -ins. Developer shall bear all costs for extensions, tie -ins and permits consistent with applicable City ordinances. Developer shall be responsible for the extension of water mains to the far edges of the Subject Property subject to review and approval by the City Engineer. Developer shall install water line extension improvements on the Subject Property in compliance with the Final Engineering Plan approved by the City Engineer for each phase of the development. 13. Upon review and recommendation by the City Engineer, the City Council shall accept all public rights -of -way and improvements located thereon, sanitary sewers, storm drainage sewers and water mains lying within public rights -of -way or public easements on the Subject Property. Any improvements located in private rights -of -way shall be installed in easements dedicated for and acceptable to the City. The sewer and water service lines (from the buffalo box to the residential or commercial unit, as the case may be) shall not be owned or maintained by the city. Developer shall replace or repair damage to public improvements installed within, under or upon the Subject Property resulting from construction activities by Developer and its employees, agents, contractors and subcontractors prior to final acceptance by the City, but shall not be deemed hereby to have released any such other part from liability or obligations in this regard. Acceptance of public improvements by the City shall be consistent with applicable City ordinances. Notwithstanding the foregoing or anything to the contrary in this Agreement, if water mains to be constructed on the Subject Property are not to be located within the public right of way, Developer shall dedicate a twenty (20) foot wide permanent and exclusive easement to the City with terms acceptable to the Corporation Counsel. 14. If watermains are not placed within the right -of -way of the Project, then such watermains shall be placed by the Developer within exclusive easements twenty (30) feet in width granted to the City. 15. All structures to be constructed on the Subject Property shall be designed and constructed in conformance with the requirements of the planned development ordinance(s) enumerated in paragraph 3 hereof. W: \WORK \34488 \Annexation Agt- vl4.doc 9:8 16. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties or by an appropriate action at law or in equity to secure the performance of the covenants herein contained. Notwithstanding the foregoing, no action shall be commenced by the Owner and /or the Developer and /or any of their successors and /or assigns against the City for monetary damages. 17. This Annexation Agreement shall be in effect for a period of twenty (20) years from the date of execution hereof and shall be binding upon and inure to the benefit of the parties hereto, and their heirs, successors and assigns of all or any part of the Subject Property. 18. Developer shall be responsible for costs associated with filing and recording of the plat of annexation and any plat or plats of subdivision or planned development for the Subject Property. 19. If any provision of this Agreement is held invalid by a court of competent jurisdiction or in the event such a court shall determine that the City does not have the power to perform any such provisions, such provisions shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. Such judgment or decree shall relieve the City from perfo ='ra under such invalid provision of this Agreement. 20. This Agreement can be amended, in writing, at any time, by the mutual consent of all parties to this Agreement, in the manner provided by law. 21. The City agrees that, prior to the issuance of final plat approval the City shall, at the request of the Developer, promptly issue to the Developer such permits as may be required to permit the Developer to proceed with the mass grading required for the construction of the Development; provided, however, that as a condition to the issuance of such permits, (a) Developer shall be required to submit to the City all of those matters required by Title 21 of the EMC and to obtain development permits as required by said Title 21, and (b) all other approvals (if any) required by law to have been obtained by the Developer from other governmental agencies as a condition to the commencement of such work shall have been obtained. 22. The City agrees that there shall be no unreasonable or discriminatory increases or changes in the method of W: \WORK \34488 \Annexation Agt- vl4.doc calculation of development fees compared to similar fees and charges of general applicability throughout the City imposed by the City which are in effect as of the date hereof. 23. After the annexation of the Subject Property to the City, it is agreed that the City shall create and establish a Special Service Area for the Subject Property pursuant to 35 ILLS 200/27 -5, et seq., as amended, to provide the City with the source of revenue for maintaining, repairing, reconstructing or replacing the stormwater drainage system, detention and retention areas, special management areas or other improvements located on the Common Area of the Subject Property should the Developer or the property owners association owning the land on which such facilities or improvement are located fail to perform maintenance, repair, reconstruction or replacement in accordance with City ordinances or other applicable requirements of law. The Owner, Developer and any of their successors in interest agree to and do hereby waive any and all protests, objections and /or rights to petition for disconnection regarding such Special Service Area for the Subject Property. The Special Service Area is for the exclusive purpose of creating a revenue source to the City for the referenced maintenance, repairs, reconstruction or replacement and are not intended and shall not be construed to create an obligation of the City to provide for such maintenance, repairs, reconstruction or replacement. 24. A. The City shall not require the Developer to make any improvements to Big Timber Road other than as shown on the Preliminary Engineering Plans. The Developer understands and agrees that because Big Timber Road is under the jurisdiction of the County of Kane, the Developer will have to satisfy at its cost and expense the additional requirements (if any) that may be imposed by the County In addition thereto, if not otherwise required by the County, the Developer agrees that if, in the future, the Developer acquires the parcel of land bearing 2005 Kane County tax parcel identification number 03 -31- 300 -022 the "Kellenberger Parcel ") and seeks to incorporate same into the subdivision being hereby approved for the Subject Property, then the Developer shall, at its cost and expense, be required to widen that portion of Big Timber Road adjacent and contiguous to the northerly boundary of the Kellenberger Parcel to a 3 -lane cross section. B. (i) The period of time commencing with the date of the City accepts the public improvements constructed by the Developer within the Subject Property and ending on the fifth (5th) anniversary of such date shall hereinafter be called the "Specified Post- Acceptance Period ". 12 W: \WORK \34488 \Annexation Agt- vl4.doc (ii) If, prior to the end of the Specified Post - Acceptance Period, (A) the parcel of land bearing 2005 Kane County tax parcel identification number 03- 31- 300- 030(the "Boy Scout Parcel ") is annexed into the City and (B) as part of such annexation and the development plan approved by the City in connection therewith, a public street is extended through the Boy Scout Parcel so as to terminate at the westerly boundary of the Subject Property at a point that is aligned with the westerly extension of Rudy Court (with such events described in clauses "A" and "B" being hereinafter called the "Boy Scout Development Events "), then the Developer shall, at its expense, be required to extend Rudy Court (currently shown on the Preliminary Plat as cul -de -sac) in a straight line to the west to the westerly boundary of the Subject Property (hereinafter called the "Rudy Court Extension ") within 180 days following written notice by the City (with the date for such completion being subject to extension due to adverse weather conditions). If the Developer breaches its obligations under this subsection 24B, the City may, in addition to any other remedies it may have, stop any further development on the Subject Property. The portion of Rudy Court that may be hereafter extended shall be designed and constructed to the same standards as was the first portion of Rudy Court to be constructed, and the Developer shall be obligated to post with and procure from the City all bonds and permits as may be required in connection with such work under the Ciry's ordinances. At the time of annexation of the Subject Property to the City, the Developer shall dedicate to the City for right -of -way purposes the area on the Preliminary Plat marked as "Future Rudy Court Extension" so as to accommodate any such possible future Rudy Court Extension. If the Developer (iii) The estimated cost of the Rudy Court Extension as of the date hereof is, as of the date hereof, $166,580.60 (the "Rudy Court Estimated Extension Cost "). If the Rudy Court Extension is not required to be made by the Developer under the provisions of subsection 24B(ii) above prior to the earlier of (A) the third (3rd) anniversary of the date of this Agreement or (B) the date that the Developer is issued its tenth (10`h) building permit at the Subject Property, the Developer shall post with the city a performance bond, cash or letter of credit in the amount of 110% of the Rudy Court Estimated Extension Cost and under the terms as set forth in Elgin Municipal Code Section 18.20.050C, plus such additional amount as adjusted for inflation to such date (with such adjustment to be subject to the reasonable approval of the City Engineer). W: \WORK \34488 \Annexation Agt- vl4.doc 13 (iv) If, as of the expiration of the Specified Post - Acceptance Period the Boy Scout Development Events have not occurred, then (A) the Rudy Court Extension Security shall be released to the Developer, (B) the Developer shall be relieved of any further obligation to construct the Rudy Court Extension, but (C) the area on the Preliminary Plat marked as "Future Rudy Court Extension" shall remain dedicated and available to the City for the Rudy Court Extension at the cost of someone other than the Developer. C. Access to the Subject Property for construction purposes shall be only via Big Timber Road following procurement by the Developer of an access permit from Kane County. 25. Whenever consent or approval of the City is required in order for Developer to accomplish the purpose and intent hereof, such consent shall not be unreasonably withheld, conditioned, or unduly delayed. If such consent or approval is denied, such denial shall be in writing and shall specify the reason or reasons for such denial. 26. Except as may be required pursuant to the Kane County stormwater management ordinance, the City shall issue no stop orders directing work stoppages on buildings or parts of the Subject Property without setting forth the alleged violations in writing, and Developer shall forthwith proceed to correct such violations as may exist; provided, that the City shall give notice to Developer of its intention to issue stop orders in advance of the actual issuance of such stop orders, except in the event an emergency is deemed to exist by the City. 27. The City agrees to issue, within a reasonable time after initial submission, review, and approval of building construction plans, and the payment of required building permit fees and all other applicable fees, all necessary building and other permits for the construction of any and all improvements on the Subject Property or issue a letter of denial within said period of time informing Developer and the applicant as to wherein the application does not conform to the stated section of the Code. At the Developer's request, the City shall issue up to three (3) separate building permits for any proposed construction on a lot within the Subject Property, with such phases to be as follows: Phase 1: Mass grading, the installation of underground utilities, and foundation installation. W: \WORK \34488 \Annexation Agt- vl4.doc }4 Phase II: Construction of the shell of the building. Phase III: Plumbing, electrical and mechanical improvements and other interior and site improvements. The issuance of building permits, in and of themselves / itself, shall not be construed as a guarantee that a Certificate of Occupancy shall be issued, it being the intention of the parties that the issuance of a Certificate of Occupancy shall be subject to the provisions of Paragraph 28 hereof. 28. The City agrees to issue Certificates of occupancy within a reasonable time (which, in any event, shall not exceed ten (10) days) after application or to issue a letter of denial within said period of time informing Developer and the individual or entity to whom the building permit was issued specifically as to those corrections necessary as a condition to the issuance of a Certificate of Occupancy and quoting the section of the Code relied upon by the City in its request for correction. The City agrees that Certificates of Occupancy (temporary or permanent, as the case may be) shall be issued upon (a) proper application of the appropriate party, (b) compliance with all applicable building codes, zoning ordinance requirements and other applicable requirements of law, and (c) receipt and approval by the City of a performance bond (or a suitable alternative such as an irrevocable letter of credit or percent h of deposit) the cost ring any hundred twenty -five (125 %) p e c incomplete site work. The City shall allow one master bond at a mutually agreed upon amount to cover any incomplete work for multiple numbers of dwelling units, which amount shall be increased in the event the City determines that the amount of the bond is insufficient. 29. A. Except with respect to the construction of the off -site sanitary sewer, it is understood that prior to the construction of any streets or any other public improvements, Developer shall submit the required plans, final plat, specifications and engineer's estimate of probable cost, for approval by the City Engineer, as provided herein, after which and upon providing the required surety bond, the Developer may proceed to construct said streets and other public improvements. The surety bond shall be subject to reduction when and as provided in Section 18.20.050C of the City's Municipal Code. W: \WORK \34488 \Annexation Agt- vl4.doc i5 B. The acceptance of public improvements by the City shall (i) be accomplished within a reasonable time after notice of completion by Developer and full compliance with applicable codes and ordinances, (ii) follow the posting by Developer of a guarantee bond acceptable to the City in accordance with applicable ordinances, and (iii) be made only by the passage of a resolution by the City Council of the City after filing with the City Clerk of a certificate by the City Engineer certifying that all such improvements have been completed and the construction or installation thereof has been approved by him. If appropriate under the circumstances, such acceptance shall be in phases, as such phases are complete. C. From and after the acceptance of any public improvements by the City, such public improvements shall be maintained, reconstructed, repaired, and replaced by the City and all cost and expense of operation, maintenance, repair, reconstruction, and replacement of such public improvements shall be the sole responsibility of the City. Warranty period bonding or a suitable alternative (such as an irrevocable letter of credit or a cash deposit) shall be provided in accordance with ordinances of the City. D. It shall be a condition to the City's obligation to accent dedication of any public improvement that the dedication of such improvement be accompanied by the grant of appropriate easements to permit the City to carry out its responsibilities with respect to such improvements. 30. Intentionally Omitted. 31. The parties hereto agree that there has been taken all action required by law, including the holding of such hearings as may be required, to bring about the amendments to the Zoning Ordinance of the City and other related ordinance amendments as may be necessary or proper in order to zone and classify the Subject Property so as to enable the same to be used and developed as contemplated herein and to enable the parties to execute this Agreement and fully carry out the covenants, agreements, duties, and obligations created and imposed by the terms and conditions hereof. 32. Intentionally omitted. 33. A. Prior to the commencement of the construction and final plat approval for each unit, the Developer shall submit the City roosed Administrator aconstructiong the location and of sales of all p p p W: \WORK \34488 \Annexation Agt- v14.doc 16 trailers /offices, including parking areas, fencing, signage and landscape treatment. Said plan shall also indicate the one general location of where all construction and material storage trailers other than the trailers for the sales office shall be located. The Developer shall be permitted six (6) construction trailers and six (6) material storage trailers. The Developer shall have the right to use the construction and material storage trailers for the purpose of its construction and sales activities until construction is completed on the Subject Property. The Developer shall keep such area free of debris and rubbish and keep the area free of weeds and in a mowed condition, and the City may inspect such area from time to time to determine that Developer is in compliance with its obligations hereunder. B. Construction of temporary facilities shall be in compliance with the provisions of the City's building code, except that sewer and water need not be connected to the temporary facilities. Paved drives and parking areas (weather permitting) shall be provided to accommodate vehicular access to all temporary sales trailers /office facilities. The Developer agrees to hold the City harmless for any liability associated with the installation and operation of any temporary facilities. 34. The Developer shall pay (or reimburse a city for able to the payment of) the disconnection fee, 1L any, pa} Rutland Dundee Fire Protection District under the provisions of 70 ILLS 705/20 (e). At the time of annexation, the Developer shall deposit with the City the amount of such disconnection fee; provided, however, that if such disconnection fee cannot be determined with precision, then the Developer shall deposit with the City the estimated amount of such disconnection fee (based on the last ascertainable tax bill), and upon the issuance of the final tax bill upon which such calculation and loss, according to statute, be based, the City and the Developer shall equitably readjust the amount of such payment. 35. This Agreement is and shall be deemed and construed to be the joint and collective work product of the City and Developer and, as such, this Agreement shall not ra be drafter ofstrued against any party, as the otherwise purported by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict in terms or provisions, if any, contained herein. 36. Notwithstanding anything to the contrary contained in Paragraph 16 of the Agreement, it is agreed W: \WORK \34488 \Annexation Agt- v14.doc parties hereto shall have the following rights and remedies in the event of a breach or default hereunder. (a) enforce or compel the performance of this Agreement, at law or in equity by suit, action, mandamus, or any other proceeding, including specific performance; (b) maintain an action to recover any sums which the other party has agreed to pay pursuant to this Agreement and which have become due and remain unpaid for more than 15 days following written notice of such delinquency. It is expressly acknowledged and agreed that except tas provided in subparagraph (b) above, no party hall have right to seek or recover a judgment for monetary damage against any other party or their respective officers, directors, employees, agents or elected public officials. 37. This Agreement is adopted pursuant to the provisions of the Illinois Municipal Code; provided, however, that any limitations in the Illinois Municipal Code in conflict with the provisions of this Agreement shall not be applicable, and as to all such provisions the City hereby exercises its powers pursuant to the provisions of Article VII, Sectio n 6 of «iu` the Constitution of the State of Illinois. Si i�- -- -,.sue +• - -= annexation of the Subject Property and without further public hearings, the City agrees, to the extent it may lawfully do so, to adopt such ordinances as may be necessary to effectuate the use of its home rule powers. City recognizes and agrees that the entry into this Agreement, the annexation of the Subject Property to the City, and the zoning of the Subject Property as set forth in Paragraph 3 hereof, are upon the express reliance by Developer that the terms and provisions of this Agreement shall be valid for the term set forth in Paragraph 17 hereof and that the City shall take no action which shall in any way be contrary to, or inconsistent with, the terms and provisions of this Agreement. 38. The provisions contained herein shall survive the annexation of the Subject Property and shall not be merged or expunged by the annexation of the Subject Property or any part thereof to the City. This Agreement shall be construed under the laws of the State of Illinois. The parties agree that venue shall be proper only in the Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois. 39. Except as otherwise provided herein, it is W: \WORK \34488 \Annexation Agt- vl4.doc 3:8 understood and agreed by the parties hereto that, in the event all or any portion of the Subject Property is sold or conveyed at any time during the terms of this Agreement, all of the obligations and responsibilities of the Developer deriving from this Agreement for the parcel sold or otherwise conveyed shall devolve upon and be assumed by such purchaser or grantee, and the Developer as herein defined shall be released from all obligations of the Developer which relate to the sold portion of the Subject Property upon same being sold or conveyed. 40. Notices or other writings which any party is required or may wish to serve upon any other party in connection with this Agreement shall be in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, or by a nationally recognized overnight courier, prepaid, addressed as follows: If to the City or to the Corporate Authorities: City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attention: City Clerk With a copy to: City of Elyi.= 150 Dexter Court Elgin, Illinois 60120 Attention: Corporation Counsel If to Owner or Developer: PanCor Construction & Development, L.L.C. 2250 Point Blvd., Suite 125 Elgin, IL 60123 With a copy to: Peter C. Bazos, Esq., Schnell, Bazos, Freeman, Kramer, Schuster & Vanek 1250 Larkin Ave., Suite 100 Elgin, Illinois 60123 41. If the Subject Property, or portions thereof, are currently used for the planting, harvesting, housing, storage and selling of soil grown crops then the Subject Property or W: \WORK \34488 \Annexation Agt- vl4.doc 19 the portions thereof used for such purposes may continue to be used from time to time for the planting, harvesting, housing, storage and selling of soil crops grown on the Subject Property as lawful nonconforming uses until such time as another use allowed under the City of Elgin Zoning Ordinance is established or until it is under development as provided herein. 42. It is agreed that time is of the essence of this Agreement and each and every term and condition hereof and that the parties shall make every reasonable effort to expedite the matters included herein. 43. The City and Developer agree to take all steps necessary or appropriate to carry out the terms of this Agreement and to aid and assist the other party, including enactment of such resolutions and ordinances and the taking of such other actions as may be necessary or desirable to enable the parties to comply with and give effect to the terms of this Agreement. 44. This Agreement shall insure to the benefit of, and be binding upon, the parties hereto, the successors in title of the Developer, and each of them, their respective successors, grantees, lessees, and assigns, and upon successor corporate authorities of the City and successor municipalities. 45. This Agreement may be executed in any number of counterparts and duplicate originals, each of which shall be deemed an original, but all of which shall constitute one and the same instruments. 46. This Agreement constitutes a covenant running with the land composing the Subject Property, binding upon the parties hereto, the successors in title of the Developer and each of them, all grantees, successors, and assigns of the respective parties hereto, including successor corporate authorities and successor municipalities of the City. The City may record a memorandum of provisions annexation agreement placing of record the terms, p of this Agreement. 47. In the event any phrase, paragraph, article or portion of this Agreement is found to be invalid or illegal by any court of competent jurisdiction, such finding of invalidity as to that portion shall not affect the validity, legality or enforceability of the remaining portions of this Agreement. 29 W: \WORK \34488 \Annexation Agt- vl4.doc 48. The Owner and /or Developer and any of the Owner and /or Developer's successors in interest shall not file, cause to be filed, or take any action that would result in the disconnection or deannexation of the Subject Property from the City of Elgin during the term of this Agreement. Without limiting the foregoing, the Owners and /or the Developer on behalf of themselves and any of their successors in interest hereby waive any and all rights, statutory or otherwise, to disconnect the Subject Property from the City of Elgin. 49. It is agreed that in the event the Owner and /or Developer or any of the Owner and /or Developer's successors in interest as to any portion of the Subject Property propose to amend this Agreement or the PGI zoning ordinance referred to in Paragraph 3 of this Agreement, above, then any such proposed amendment shall require the amendment of this Agreement upon the terms and conditions which are acceptable to the City, in the City's sole discretion. However, with respect to any such proposed amendment: A. While the Developer owns any portion of the Subject Property (either in the name of the Developer of in the name of an affiliate of the Developer), then no such amendment shall be approved by the City without the consent of the Developer; and B. Subject to the requirements of subparagraph 49A above, only the written approval of the legal titleholder of that portion of the Subject Property that is proposed to be affected by the amendment shall be required to effect the initiation of a proposed amendment to this Agreement or the PGI zoning ordinance as to such portion of the Subject Property. [signature pages follow] W: \WORK \34488 \Annexation Agt- vl4.doc 2 } IN WITNESS WHEREOF, the Elgin Corporate Authorities, the Owner and the Developer have hereunto set their hands and seals and have caused this instrument to be executed by their duly authorized officials and the corporate seal affixed hereto, all on the day and year first above written. CITY OF ELGIN, a municipal corporation `� �/ -���. Attest: - City Clerk DEVELOPER: PanCor Construction & Development, L.L.C. By: C: \Documents and Settings\ 2ichardp\[ ocaISettingff emporary Internet Files \OLK9\AnnexaticnAgt- vl2.doc -Z2- CHICAGO TITLE LAN@ TRUST CGI I) HY AS SUCCESSOR TRUSTEE 70I OWNERS' SIGNATURE PAGE k LaSalle Bank National Association as trustee under Trust Agreement dated December 20, 1974 and k own as Trust # 2665'c- AND NOT PERSONALLY By: - rust fc x NE B.7-A� EWSKI ie CHICAGO TIT FSKIRTRUSTEET011, R TRUST 1'ui \, Ii AS SU 'LaSalle Bank National Association as Trustee under Trust Agreements each dated December 11, 1998 and known as Trusts numbered 600889 -03 600890 -00 and 600891 -09 O AND NOT PERSONALLY9 By: a / Trust Officer JANFB -Z w LaSalle Bank National Association as Trustee under Trust Agreement dated February 10, 1999 and known as Trust number 600957 -00 G v " "�` By: 7�f rust✓ fficer 11,,10 Exhibit A: Legal Description of Subject Property Exhibit B: Annexation Plat Exhibit C: PGI Zoning Ordinance Exhibit D: Preliminary Plat of Subdivision Exhibit E: Preliminary Engineering Plans Exhibit E -1 Randall Point Business Park - Summary Exhibit F: Listing of Offsite Utility Easements EXHIBIT G: Listing of City Fees EXHIBIT H: Subject Right -of -Way Parcel W: \WORK \34488 \Annexation Agt- vl4.doc 24 EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY PARCEL ONE: THE EAST HALF OF THE WEST OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTHERLY OF THE CENTER LINE OF BIG TIMBER ROAD, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. PARCEL TWO: THAT PART OF FRACTIONAL SECTION 5, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 1.87 CHAINS EAST OF THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST FRACTIONAL QUARTER OF SAID SECTION; THENCE WEST ON THE NORTH LINE OF SAID SECTION TO A POINT 505 FEET WEST FROM THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH AT RIGHT ANGLES TO SAID NORTH LINE OF SAID SECTION 5, 774 FEET; THENCE SOUTH 86 DEGREES 50 MINUTES WEST TO THE EASTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY; THENCE SOUTHEASTERLY ALONG SAID EASTERLY RIGHT OF WAY LINE TO THE NORTHERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY COMPANY; THENCE EASTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE NORTH ALONG SAID EAST LINE TO THE CENTER OF SAID SECTION; THENCE EAST ALONG THE CENTER LINE OF SAID SECTION TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST FRACTIONAL QUARTER OF SAID SECTION; THENCE NORTHERLY TO THE POINT OF BEGINNING IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS, EXCEPT THAT PART CONVEYED TO NORTHERN ILLINOIS GAS COMPANY BY WARRANTY DEED DOCUMENT 1068124, RECORDED APRIL 25, 1966. PARCEL THREE: THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER AND PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 31; THENCE NORTH ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 255.29 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID SECTION 200 FEET; THENCE SOUTH PARALLEL WITH THE EAST LINE OF THE SOUTHWEST QUARTER 498.86 FEET TO THE CENTER LINE OF BIG TIMBER ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE 386.97 FEET; THENCE CONTINUING ALONG SAID CENTER LINE 32.6 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 19 DEGREES 0 MINUTES WEST 899.01 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 31; THENCE WEST ALONG SAID SOUTH LINE 1213.08 FEET TO THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE NORTH ALONG SAID WEST LINE TO A POINT 569.40 FEET SOUTH OF THE CENTER LINE OF BIG TIMBER ROADJHENCE EASTERLY AT RIGHT ANGLES TO SAID WEST LINE 549.88 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID EAST HALF 228.46 FEET TO THE CENTER W: \WORK \34488 \Annexation Agt- v14.doc LINE OF BIG TIMBER ROAD; THENCE SOUTHERLY ALONG SAID CENTER LINE TO THE POINT OF BEGINNING, ALL IN TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. EXCLUDING THEREFROM THE FOLLOWING: THAT PART OF THE SOUTH HALF OF THE SOUTH HALF OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31 (BEING A POINT ON THE TOWN LINE BETWEEN ELGIN AND DUNDEE TOWNSHIPS) 1180.08 FEET EAST FROM THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31 THEREOF, FOR A POINT OF BEGINNING; THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER A DISTANCE OF 80.12 FEET; THENCE NORTH ALONG A LINE PARALLEL WITH THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31, A DISTANCE OF 1106.75 FEET TO THE CENTER LINE OF BIG TIMBER ROAD (AS NOW CONSTRUCTED); THENCE SOUTHEASTERLY ALONG THE SAID LINE OF BIG TIMBER ROAD, A DISTANCE OF 423.75 FEET; THENCE SOUTH 18 -1/4 DEGREES WEST, A DISTANCE OF 917.45 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, IN DUNDEE TOWNSHIP, KANE COUNTY, ILLINOIS AND ALSO EXCLUDING THEREFROM THAT PART OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER A DISTANCE OF 1089.96 FEET TO THE PLACE OF BEGINNING; THENCE CONTINUING EASTERLY ALONG SAID W: \WORK \34488 \Annexation Agt- v14.doc i }3 SOUTH LINE A DISTANCE OF 10.0 FEET; THENCE NORTHERLY ALONG A LINE PARALLEL WITH EAST LINE OF SOUTHWEST QUARTER OF SAID SECTION 31, A DISTANCE OF 1106.75 FEET TO THE CENTER LINE OF BIG TIMBER ROAD; THENCE NORTHWESTERLY ALONG SAID CENTER LINE A DISTANCE OF 11.92 FEET, THENCE SOUTHERLY ALONG A LINE PARALLEL WITH THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31 TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. W: \WORK \34488 \Annexation Agt- v14.doc iv k ] \� b� }2§ a §b\ Q� /R § q q \ \ \ § yz � !!,> \\�\ 1. E: 0 \ \■ t� ( \] §&! \ \� � \\ (!§\ M / -z \ � } \ \ / � � \ .� , § \\ |!I } }\ , § §! t / { {� c! r a X93Jli J Y ag a (� agog 6a °�d setm W :'y„�Em °�N �,=�� €`i',4a�Y h` E6 °' a �$' � k �� ? � =s � ZQwr / °F9 W-5 ap��?k v - -a tl: "gym` °' °"C*Mj / / �za a nil m € €� a.�g�€ �W �:�:e a °yk„ ��� � A ..o- o« -�� -ro �.,♦ �. ° Ha molUg Ok. ��aswk ��� imn 3lrbodam wog /. I A• Ml `' €0 : 04 0 i W5 --, €�^ ^eFOY 7 €€ 1 yv2 w x I ;14 04 rczq ED O W gF °Ey d € 3 €y €€ k §„`gak<m <' s /'� _ ilrvn 3<raodao> wo e o€ X 3a Q y€ €blg ig$ �hyo. ^7s o h°' €O` =sb fib,€F €3'°h I IV.� - - - Y z4 <M R °�$wtl - -- .mut le[.aepox 8 / �3 £i --VIA oEs h €F „ §k ba hgk8�aa$m €” = °33?�o wo i °s J `$d o °o g II N m s CaYay° OIO�WSIfd�WW>M�OOTS�f1�P�N F ball aa` 3g ICU � ff @e� IF °mrc IIHII 3tva0 uu vOS \— y O a� o?wfZO w I i� PQ w W x raawLLj \1 ����� o'eae wzcoox — O F °a �_m „s g :sg x €s 0. x 0 z= 3ltlaodLOJ NO 1 k Ey V OF _ �J FZnO n, ZE W Zwa <Zm�2� o I 8 3 3 ZF<F6 °mo AYYC6t iACALW Nt eA _s I EE� xl CV II 3 53 ME�+wSIM4 °✓A'/P�SISNOIP�N �gC 2 OOH 8 N S E —� 1 o =� / // •3cLSL SW i N� o� � m 3 S ?�eY / m r 1rIDL � I „ / ]S4LL6U x pp <p- a < OJ N*1? IM MVe d0 C / I ; rcJ I 63N�m� a � Nryy yz.Qy�a mg��_ _ ° i.•6 I : I uo� Q4 - X 2WNFw \� °S Lys E"q 11,11 I oxmNp �O / \ tY� I I n�o I rUl O � o w,wj �S�KZS �J swQ° ` 11 w i� B J L2� FY r p�NEt I / i 1 LIWII 3LYtlOdbO'J I'J O W rco mz I g � • x z C i`gww��w fY S9 �f� _ .n .°s .mw•n �.e3 A L w3 • � Ox wz ' As 6 u /r xx��� = FW: nx i I lis;�( i z n sfi I • I p \\ o waw 3, I $ I 8 3 � g ¢arc mrc <j I .19YL6c iACFLUO Xr i g � / QW .OUY(L (Y N 8 p Pi x. b • n Ti Y o � +.wzlzgen�.wlamslsNaW�a Draft (WAC 10 /11 /05) EXHIBIT C No. Ordinance AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PGI PLANNED GENERAL INDUSTRIAL DISTRICT (Schick Property - 2675 Big Timber Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory to a PGI.Planned General Industrial District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said applications and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated September 6, 2005 made by the Planning and Development Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding thereto the following paragraph: "The boundaries herein before laid out in the `Zoning District Map', as amended, be and are hereby altered by including in the PGI Planned General Industrial District, the following described property: PARCEL ONE: THE EAST HALF OF THE WEST OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTHERLY OF THE CENTER LINE OF BIG TIMBER ROAD, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. PARCEL TWO: THAT PART OF FRACTIONAL SECTION 5, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 1.87 CHAINS EAST OF THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST FRACTIONAL QUARTER OF SAID SECTION; THENCE WEST ON THE NORTH LINE OF SAID SECTION TO A POINT 505 FEET WEST FROM THE SOUTHEAST CORNER OF THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH AT RIGHT ANGLES TO SAID NORTH LINE OF SAID SECTION 5, 774 FEET; THENCE SOUTH 86 DEGREES 50 MINUTES WEST TO THE EASTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY; THENCE SOUTHEASTERLY ALONG SAID EASTERLY RIGHT OF WAY LINE TO THE NORTHERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY COMPANY; THENCE EASTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE NORTH ALONG SAID EAST LINE TOTHE CENTER OF SAID SECTION; THENCE EAST ALONG THE CENTER LINE OF SAID SECTION TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST FRACTIONAL QUARTER OF SAID SECTION; THENCE NORTHERLY TO THE POINT OF BEGINNING IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS, EXCEPT THAT PART CONVEYED TO NORTHERN ILLINOIS GAS COMPANY BY WARRANTY DEED DOCUMENT 1068124, RECORDED APRIL 25, 1966. PARCEL THREE: THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER AND PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 31; THENCE NORTH ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 255.29 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID SECTION 200 FEET; THENCE SOUTH PARALLEL WITH THE EAST LINE OF THE SOUTHWEST QUARTER 498.86 FEET TO THE CENTER LINE OF BIG TIMBER ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE 386.97 FEET; THENCE CONTINUING ALONG SAID CENTER LINE 32.6 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 19 DEGREES 0 MINUTES WEST 899.01 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 31; THENCE WEST ALONG SAID SOUTH LINE 1213.08 FEET TO THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE NORTH ALONG SAID WEST LINE TO A POINT 569.40 FEET SOUTH OF THE CENTER LINE OF BIG TIMBER ROAD; THENCE EASTERLY AT RIGHT ANGLES TO SAID WEST LINE 549.88 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID EAST HALF 28.46 FEET TO THE CENTER LINE OF BIG TIMBER ROAD; THENCE SOUTHERLY ALONG SAID CENTER LINE TO THE POINT OF BEGINNING, ALL IN TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. EXCLUDING HEREFROM THE FOLLOWING: THAT PART OF THE SOUTH HALF OF THE SOUTH HALF OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31 (BEING A POINT ON THE TOWN LINE BETWEEN ELGIN AND DUNDEE TOWNSHIPS) 1180.08 FEET EAST FROM THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31 THEREOF, FOR A POINT OF BEGINNING; THENCE WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER A DISTANCE OF 80.12 FEET; THENCE NORTH ALONG A LINE PARALLEL WITH THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31, A DISTANCE OF 1106.75 FEET TO THE CENTER LINE OF BIG TIMBER ROAD (AS NOW CONSTRUCTED); THENCE SOUTHEASTERLY ALONG THE SAID LINE OF BIG TIMBER ROAD, A DISTANCE OF 423.75 FEET;THENCE SOUTH 18 -1/4 DEGREES WEST, A DISTANCE OF 917.45 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, IN DUNDEE TOWNSHIP, KANE COUNTY, ILLINOIS AND ALSO EXCLUDING THEREFROM THAT PART OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER A DISTANCE OF 1089.96 FEET TO THE PLACE OF BEGINNING; THENCE CONTINUING EASTERLY ALONG SAID SOUTH LINE A DISTANCE OF 10.0 FEET; THENCE NORTHERLY ALONG A LINE PARALLEL WITH EAST LINE OF SOUTHWEST QUARTER OF SAID SECTION 31, A DISTANCE OF 1106.75 FEET TO THE CENTER LINE OF BIG TIMBER ROAD; THENCE NORTHWESTERLY ALONG SAID CENTER LINE A DISTANCE OF 11.92 FEET, THENCE SOUTHERLY ALONG A LINE PARALLEL WITH THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31 TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. Section 3. That the City Council of the City of Elgin hereby grants the PGI Planned General Industrial District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PGI Planned General Industrial District is to provide an alternate planned industrial environment for those industrial uses that do not require the location or environment of an ORI Zoning District. A PGI Zoning District is most similar to, but departs from the standard requirements of, the GI General Industrial Multiple District. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol "[SR] ", shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PGI Zoning District, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended. D. Zoning Districts - Generally. In this PGI Zoning District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PGI Zoning District should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PGI zoning district exclusive of rights - of -way, but including adjoining land or land directly opposite a right -of -way shall not be less than two acres. F. Land Use. In this PGI Zoning District, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as amended. The following enumerated "land uses" [SR] shall be the only land uses allowed as a "permitted use" [SR] in this PGI District: 1. Municipal Services Division: Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing less than two (2) acres of land. 2. Offices Division: "Offices" [SR] (UNCL). 3. Finance, Insurance, And Real Estate Division: "Development sales offices" [SR] (UNCL). Finance, insurance and real estate (H). 4. Services Division: Advertising (731). Armored car service (7381). "Bed and breakfast inns" [SR] (7011). Carpet and upholstery cleaning agents without plants on the premises (7217). Carpet or rug cleaning, dying, and /or repairing plants (7217). Commercial, economic, sociological, and educational research (8732). Commercial physical and biological research (8731). Computer programming, data processing, and other computer - related services (737). Computer rental and leasing (7377). Consumer credit reporting agencies, mercantile reporting agencies, and adjustment and collection agencies (732). Detective and guard services (7381). Dry - cleaning plants (7216). Electrical and electronic repair shops (7622). Engineering, accounting, research, management, and related services (87). Home health care services (808). "Hotels and motels" [SR] (701). Industrial launderers (7218). Job training and vocational rehabilitation services (833). Legal services (811). Libraries (823). Linen supply (7213). Mailing, reproduction, commercial art and photography, and stenographic services (733). Management and public relations services (874). Medical and dental laboratories (807). Membership organizations (86). Miscellaneous equipment rental and leasing (735). Motion picture distribution and allied services (782). Motion picture production and allied services (781) . Motor vehicle repair shops [SR] (753). Motor vehicle top, body and upholstery repair shops, and paint shops [SR] (7532). News syndicates (7383). Noncommercial research organizations (8733). Offices and clinics of dentists (802). Offices and clinics of doctors of medicine (801). Offices and clinics of doctors of osteopathy (803). Offices and clinics of other health practitioners (804). Other schools and educational services (829). Outdoor advertising services (7312). Personnel supply services (736). Photofinishing laboratories (7384). Physical fitness facilities (7991). Power laundries (7211). Professional sports operators and promoters (7941). Refrigerator and air - conditioning service and repair (7623). Rental of dogs for protective service (7381). Reupholstery and furniture repair (764). Security systems services (7382). Services to dwellings and other buildings (734) . Tax return preparation services (7291). Testing laboratories (8734). Theatrical producers (792). Truck route laundry and dry cleaning not operated by laundries or cleaners (7212). Vocational schools (824). Watch, clock, and jewelry repair (763). Welding repair (7692). 5. Retail Trade Division: Auction rooms (5999). Automatic merchandising machine operators (5962). Catalog and mail -order houses (5961). Direct selling establishments (5963). 6. Agricultural Division: Crop services (072). Farm labor and management services (076). Landscape counseling and planning (0781). Lawn and garden services (0782). Ornamental shrub and tree services (0783). Soil preparation services (071). 7. Construction Division: Building construction - general contractors and operative builders (15). Construction - special trade contractors (17). "Contractor's office and equipment areas" [SR] (UNCL). Heavy construction - contractors (16). 8. Manufacturing Division: Apparel and other finished products made from fabrics and similar materials (23). Computer and office equipment (357). Electronic and other electrical equipment and components (36). Fabricated metal products (34). Furniture and fixtures (25). Industrial and commercial machinery and equipment (35). Leather and leather products (31). Lumber and wood products (24). Measuring, analyzing, and controlling instruments; photographic, medical, and optical goods; and watches and clocks (38). Primary metal industries (33). Printing, publishing, and allied industries (27) . Rubber and miscellaneous plastics products (30). Stone, clay, glass and concrete products (32). Textile mill products (22). Tobacco products (21). Transportation equipment (37). 9. Wholesale Trade Division: Apparel piece goods and notions (513). Beer, wine and distilled alcoholic beverages (518). Chemicals and allied products (516). Drugs, drug proprietaries and druggists' sundries (512). Electrical goods (506). Farm product raw materials (515). Furniture and home furnishings (502). Groceries and related products (514). Hardware, and plumbing and heating equipment and supplies (507). Lumber and other construction materials (503). Machinery, equipment, and supplies (508). Metals and minerals, except petroleum (505). Motor vehicles and motor vehicle parts and supplies (501). Paper and paper products (511). Petroleum and petroleum products (517). Professional and commercial equipment and supplies (504). "Recycling collection center" [SR] (5093). 10. Transportation, Communication And Utilities Division: "Amateur radio antennas" [SR] (UNCL). Arrangement of passenger transportation (472). Arrangement of transportation of freight and cargo (473). Branch United States post offices (4311). Bus charter service operators offices (414). Cable and other pay television services (484). "Commercial antenna tower" [SR] (UNCL). "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Communication services not elsewhere classified (489). Courier services (4215). Freight forwarding in general (4731). Intercity and rural bus transportation operators, offices (413). Local and suburban passenger transportation operators' offices (411). Natural gas transmission and distribution (4922) (4924). Packing and crating (474). Public warehousing and storage (422), also including so- called "mini- warehousing ". "Radio and television antennas" [SR] (UNCL). Radio and television broadcasting stations (483). Railroad operators' offices (401). "Satellite dish antennas" [SR] (UNCL). School bus operators, offices (415). Taxicab operators' offices (412). Telegraph and other message communications (482). Telephone communications (481). "Treatment, transmission and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains and valves" [SR] (UNCL). Trucking services (421). 11. Miscellaneous Uses Division: "Accessory structures" [SR] (UNCL) to the permitted uses allowed in the PGI Planned General Industrial District, subject to the provisions of Section 19.12.500 of the Elgin Municipal Code. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in the PGI- Planned General Industrial District to the provisions of Section 19.10.400 of the Elgin Municipal Code. "Commercial operations yards" [SR] (UNCL). "Fences and walls" [SR] (UNCL). "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the PGI Planned General Industrial District, subject to the provisions of Chapter 19.47 of the Elgin Municipal Code. "Motor vehicle impoundment yard" [SR] (UNCL). "Parking lots" (SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the PGI Planned General Industrial District, subject to the provisions of Chapter 19145 of the Elgin Municipal Code. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use allowed in the PGI Planned General Industrial District, subject to the provisions of Chapter 19.45 of the Elgin Municipal Code. "Refuse collection area" [SR]. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50 of the Elgin Municipal Code. "Storage tanks" [SR] (UNCL). Temporary modular buildings not requiring the installation of municipal water and sanitary sewer services. "Temporary uses" [SR] (UNCL). The following enumerated "land uses" [SR] shall be the only land uses allowed as a "conditional use" [SR] in this PGI District: 1. Municipal Services Division: "Municipal facilities" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land. 2. Public Administration Division: Public administration (J) on a zoning lot containing less than two (2) acres of land. 3. Services Division: Automobile proving and testing grounds (8734). Child daycare services (835). Individual and family social services (832). 4. Retail Trade Division: Carryout restaurants (5812). Drinking places (alcoholic beverages) (5813). Eating places (5812). "Outdoor eating and drinking facilities" [SR] (UNCL). 5. Mining Division: "Temporary mining" [SR] (UNCL). 6. Manufacturing Division: Chemicals and allied products (28). Food and kindred products (20). Paper and allied products (26). Petroleum refining and related industries (29) . 7. Wholesale Trade Division: "Motor vehicle recycling facility" [SR] (5093). "Motor vehicle recycling yard" [SR] (5093). "Recycling center" [SR] (5093). "Recycling center yard" [SR] (5093). 8. Transportation, Communication And Utilities Division: "Conditional commercial antenna tower" [SR] (UNCL). "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). Heliports (458). Mixed, manufactured or liquefied petroleum gas production or distribution (4925). Natural gas storage. "Other radio and television antennas" [SR] (UNCL). "Other satellite dish antennas" [SR] (UNCL). Pipelines, except natural gas (461). Railroad tracks (401). Refuse systems (4953). Terminal maintenance for motor freight transportation (423). "Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" (SR) (UNCL). Water transportation (44). 9. Miscellaneous Uses Division: "Accessory package liquor sales establishment" [SR) (UNCL). "Accessory structures" (SR] (UNCL) to the conditional uses allowed in the PGI Planned General Industrial District, subject to the provisions of Section 19.12.500 of the Elgin Municipal Code. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the PGI Planned General Industrial District, subject to the provisions of Section 19.10.400 of the Elgin Municipal Code. "Master signage plan" [SR], subject to the provisions of Chapter 19.50 of the Elgin Municipal Code. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 of the Elgin Municipal Code. "Parking structures" [SR], subject to the provisions of Chapter 19.45 of the Elgin Municipal Code. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of Chapter 19.60 of the Elgin Municipal Code. Similar Uses: The following enumerated land uses shall be subject to classification as a permitted use or as a conditional use in the PGI Planned General Industrial District or in a less restrictive zoning district, pursuant to subsection 19.10.400H of the Elgin Municipal Code: 1. Services Division: Automotive services (7549). Business services not elsewhere classified (7389). Laundry and garment services not elsewhere classified (7219). Miscellaneous health and allied services not elsewhere classified (809). Miscellaneous personal services not elsewhere classified (7299). Miscellaneous repair shops and related services (769). Services not elsewhere classified (899). Social services not elsewhere classified (839) . 2. Manufacturing Division: Miscellaneous manufacturing industries (39). 3. Wholesale Trade Division: Miscellaneous durable goods (509). Miscellaneous nondurable goods (519). 4. Transportation, Communication And Utilities Division: Special warehousing and storage not elsewhere classified (4226). Transportation services not elsewhere classified (4789). G. Site Design. In this PGI zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance. In this PGI Planned General Industrial District, the use and development of land and structures, and the location of land uses shall be subject to the following conditions: 1. General Conditions. The following general conditions shall apply to the development of land and structures within this PGI zoning district: a. Substantial conformance to the Preliminary Plat for Randall Pointe Business Park, prepared by Jacob and Heffner Associates, P.C., dated July 8, 2005, with a final revision date of September 26, 2005. b. Substantial conformance to the Master Site Plan for Randall Point Business Park, prepared by Pancor Construction and Development, dated June 10, 2005, with a final revision date of August 1, 2005. C. Substantial conformance to the Preliminary Engineering Plan for Randall Pointe Business Park, prepared by Jacob and Heffner Associates, P.C., dated July 8, 2005 with a final revision date of September 27, 2005. d. Substantial Conformance to the landscape plan prepared by Monarch Nurseries, dated July 31, 2005, with a final revision date of August 9, 2005. 2. Zoning Lots - Generally. In this PGI zoning district, "zoning lots" [SR] shall be subject to the provisions of Section 19.12.300, Zoning Lots - Clarifications and Exceptions. More than one building may be located on a zoning lot. One building may be located on more than one zoning lot or lot of record. 3. Lot Area. In this PGI zoning district, the minimum required "zoning lot area" [SR] shall be 40,000 square feet. 4. Lot Width. In this PGI District, there shall be no minimum required lot width for a zoning lot. 5. Setbacks - Generally. In this PGI District, "setbacks" [SR] shall be subject to the provisions of Section 19.12.400, Setbacks - Clarifications and Exceptions. 6. Setbacks by Lot Line. In this PGI District, the minimum required "building" [SR] "setbacks" [SR] and "vehicle use area setbacks" [SR] from a "lot line" [SR] for a zoning lot shall be as follows: a. Building Setbacks. In this PGI zoning district, the minimum required "building setbacks" for a zoning lot shall be as follows: (1) The minimum required building setbacks as set forth in this section 5a with respect to any zoning lot shall be increased by 1 linear foot for each 1 linear foot of building height on such zoning lot in excess of 35 feet. (2) Street Setback. The minimum required building setback from the Big Timber Road "street lot line" [SR] shall be 50 linear feet. The minimum required building setback from all other "street lot lines" shall be 40 linear feet. (3) Interior Setback. The minimum required building setback from an "interior lot line" [SR] shall be 20 linear feet. (4) Additional Setbacks. The minimum required building setback from (A) the right -of -way lines of Northern Illinois Gas or (B) any railroad right -of -way shall be zero (0) linear feet. (5) Transition Setback. No transition building setback from a "transition lot line" [SR] shall be required for any of the following adjoining properties: (a) any adjoining property located outside the corporate limits of the City of Elgin. (b) The Boy Scout property located immediately west of the Subject Property and generally identified as by Kane County Property Tax Identification Number 03 -31- 300 -030; (c) Any of the following properties having the following 2004 Kane County real estate tax parcel identification numbers: 03 -31- 300 -004 03 -31- 300 -017 03 -31- 300 -012 03 -31- 300 -022 The minimum required building from a "transition lot line" with respect to property within the corporate limits of the City of Elgin shall be calculated as follows: Transition setback (TS) in linear feet shall equal the area of a zoning lot (ZLA) in square feet minus 40,000 square feet; the difference times .000023169; the product plus 100 linear feet. Minimum transition setback can be expressed by the following "site capacity formula" [SRI: TS = [(ZLA - 40,000) x .0000231691 + 100. Additionally, for each linear foot of "building height" (SRI over 20 linear feet, two linear feet shall be added to the minimum required building setback from a transitional lot line, but in any event not greater than 100 feet. b. Vehicle Use Area Setbacks by Lot Line. In this PGI District, the minimum required "vehicle use area setbacks" [SRI for a zoning lot shall be as follows: (1) Street Setback. The minimum required vehicle use area setback from Big Timber Road shall be 30 linear feet, and from all other street lot lines shall be 20 linear feet. (2) Interior Setback. The minimum required vehicle use area setback from an interior lot line shall be 6 linear feet. (3) Additional Setbacks. The minimum required vehicle use area setback from (A) the right -of -way lines of Northern Illinois Gas or (B) any railroad right -of -way shall be zero (0) linear feet. 7. Accessory Structures and Buildings. In this PGI District, "accessory structures and buildings" [SRI shall be subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 8. Yards - Generally. In this PGI District, a "street yard" [SRI, a "side yard" (SRI, a "Year yard" [SRI, or a "transition yard" [SRI established by a required building setback or by the actual location of a building shall be subject to the provisions of Section 19.12.600, Obstructions in Yards, with the following exceptions: Within a zoning lot, parking facilities shall be allowed to be located in any required street yard, side yard or rear yard, and a car overhang of 1.5 linear feet shall be allowed in the required vehicle use are setbacks. 9. Landscape Yards. In this PGI zoning District, landscape yards shall be as follows: a. Landscaping - Generally. All "yards" (SR] established by a required building setback or by the actual location of a building and not occupied by allowable improvements constructed in conformance to all applicable codes and ordinances shall be landscaped with grass, shrubs, trees, or other suitable pervious groundcover, as follows: (1) Transition Landscape Yard. Not applicable. (2) Street Yard. Street yards shall be fully landscaped. (3) Side and Rear Yard. Side and rear yards shall be fully landscaped. (4) Foundation Yards. A minimum 10 linear foot wide landscaped area shall be provided along the front of a building, and a minimum 5 linear foot wide landscaped area shall be provided along the sides and rear of building. These planting areas need not be uniform in shape so long as the required amount of space is landscaped. Sidewalks shall be located outside of required foundation yard areas, with the exception of direct building access or courtyard use. No foundation yard shall be required at loading and services entries to a building. (5) Parking and Drives. With the exception of entrance drives and motor vehicle overhangs, no parking or drive shall be located within any required landscaped area. b. Landscaping. Landscaping within the aforesaid setback areas shall satisfy the following minimum requirements: (1) Transition Landscape Yard. Not applicable. (2) Parking Landscape Area. Where a parking lot is located adjacent to Big Timber Road, the Vehicle Use Setback shall be landscaped with that minimum number of trees and shrubs that is 50% percent greater than that required by Section 19.12.700 C. of the Elgin Municipal Code. The required number of trees shall be comprised of both deciduous and coniferous trees. Where parking is located adjacent to other street rights of way, there shall be a minimum 12 shrubs (each at least 2.5 feet in height) per 100 linear feet, and 2.5 trees (each having at least a 3 inch caliper) per 100 linear feet. (3) Building Landscape Area. Where a building is located adjacent to a street right of way, there shall be a minimum of 6 shrubs (each at least a 2.5 feet in height) per 100 linear feet, 2 trees (each having at least a 3 inch caliper) per 100 linear feet, and 2 ornamental trees (each having at least a 2 inch caliper) per 100 linear feet. (4) Grouping of Trees. Grouping of required trees and shrubs shall be encouraged in combination with berming. (5) Curbed Tree Islands. A curbed tree island shall be required after every 20 parking spaces. The island must measure at least 9 feet by 18 feet and contain at least one tree (having at least a 2.5 inch caliper). 10. Floor Area: Building Height. In this PGI District, the maximum "floor area" for a zoning lot shall not exceed 100% of the zoning lot area. There shall be no maximum building height. 11. Building Coverage. In this PGI District, the maximum "building coverage" [SR] for a zoning lot shall not exceed 70% of the zoning lot area. H. Off - street Parking. In this PGI zoning district, off street parking shall be subject to the provisions of Chapter 19.45, Off - street Parking, of the Elgin Municipal Code, 1976, as amended. 1. Required Number of Parking Stalls. The required number parking stalls shall be subject to provisions of Chapter 19.45, Off Street Parking, of the Elgin Municipal Code, except as follows: For Warehouse, storage, and distribution facilities, the parking stall requirements shall be based on the following stepped parking requirements: Area in Square Feet Stalls 1 to 20,000 stall per 1,500 1SF 20,001 to 50,000 1,750 /SF 50,001 to 75,000 2,000 /SF 75,001 and over 2,500 /SF Parking Required 1 1 stall per 1 stall per 1 stall per 2. Land Reservation for Parking Not Provided. For zoning lots where the initial occupant can document that the land use requires less parking than required in this subsection, only the number of stalls required by the occupant shall be required to be constructed, provided that this number is not less than 1/3 of the total required number of parking stalls. Adequate land area for the required number of off street parking stalls in accordance with this subsection shall be designated and reserved for off street parking purposes. A written covenant agreeing to construct the additional required parking stalls shall be submitted to the zoning officer. Such covenant shall be reviewed by the Zoning Officer, approved as to content and form by the Corporation Counsel, and filed by the property owner for record in the office of the County Recorder. Upon subsequent certification by the Zoning Officer that the full number of parking stalls required under this subsection are needed because the demand for off street parking stalls exceeds the capacity of the off street parking facility and that such demand is of a continuing and regular nature, the owner of the building shall construct the full number of parking spaces required under this subsection. 3. Collective Parking Facilities. Off street parking facilities for separate uses may be provided collectively, if the total number of stalls so provided is not less than the sum of the separate requirements of each sum " "land use" [SR], and if all the regulations governing the location of accessory off street facilities in relation to the use served are observed. The off street parking facilities may be provided jointly or collectively within the property or on contiguous properties controlled by the owners of the zoning lots by written covenant or agreement between the owners of such zoning lots and adjacent properties. 4. Stalls and Aisles. "Parking aisles" [SR] shall be a minimum of 24 linear feet in width, or an equivalent for angle parking. "Parking stalls" [SR] shall be a minimum of 9 linear feet in width by 18 linear feet in length, or an equivalent for angle parking. Parking spaces for the physically handicapped shall be provided in proximity to building entrances. The parking requirements and related curb cuts and ramps for the physically handicapped shall comply with the Illinois Handicapped Accessibility Code. There shall be a back of curb parking lot dimension of 43 feet for single loaded aisles and 61 feet for double loaded aisles. Where there is a landscaped area immediately adjacent to the parking lot, a deduction of 1.5 foot per car for overhang shall be allowable. 5. Striping and Markings. All parking lot striping and other markings shall be white. 6. Landscape Islands. Landscaped islands shall be 9 linear feet wide and provided every 20 parking spaces. 7. Approaches. The maximum width of an approach at the curb line shall be as approved by the City Engineer. The minimum radius shall be 10 feet. 8. Curb. All landscaped islands, drives and edges of paving shall be defined with B6:12 curb and gutter. 9. Paving. Vehicular access to or from a public right of way shall be provided on a concrete approach and "driveway" [SR] within a public right of way leading from a "zoning lot" [SR] to an improved "street" [SR]. At a minimum, the approach shall be paved with concrete for the first fifteen 15 feet, beginning at the street curb. the design of approaches and driveway crossing a public right of way shall also be subject to the provisions and requirements of Title 13, Streets and Sidewalks; Chapter 13.08, Driveways. For bituminous concrete surfaces, there shall be a minimum of two inches of bituminous concrete over eight inches of compacted gravel. Equivalent thicknesses of bituminous concrete may be substituted for gravel provided that the total pavement thickness is a minimum of ten inches. For Portland Cement concrete surfaces, there shall be a minimum of four inches of portland cement concrete over four inches of compacted gravel. Equivalent thicknesses of portland cement concrete may be substituted for gravel provided that the total pavement thickness is a minimum of eight inches. Service areas are subje dumpster service areas, with concrete paving. pedestrian areas near or shall be of appropriate bituminous paving. ct to abuse, such as shall be constructed Paved walks or adjacent to buildings materials other than I. Off - street Loading. In this PGI zoning district, off street loading shall be subject to the provisions of Chapter 19.47, Off - street Loading, of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PGI zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended. Any signage located at Madeline Drive and Big Timber Road (otherwise known as entryway signage) shall be subject to substantial conformance to the Master Site Plan for Randall Point Business Park, prepared by Pancor Construction and Development, dated June 10, 2005, with a final revision date of August 1, 2005. Additionally, such signage shall be subject to the condition that landscaping be installed in substantial conformance to the landscape plan prepared by Monarch Nurseries, dated July 31, 2005, with a final revision date of August 9, 2005. K. Amendments. In this PGI zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PGI zoning district authorize such an application. L. Planned Developments. .In this PGI zoning district, application for a planned development shall be subject to the provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PGI zoning district and without necessitating that all other property owners in this PGI zoning district authorize such an application. M. Conditional Uses. In this PGI zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PGI zoning district and without necessitating that all other property owners in. this PGI zoning district authorize such an application. N. Variations. Any of the requirements of this ordinance may be varied by petition of a lot or property owner subject to this Ordinance, however, such variation is subject to the provisions of Section 19.70, Variations, of the Elgin Municipal Code, as may be amended. A variation may be requested by an individual property owner for a zoning lot without requiring an amendment to this PGI zoning district and without necessitating that all other property owners in this PGI zoning district authorize such an application. O. Subdivisions - Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. Q. Subdivisions - Design Standards. In this PGI. zoning district, subdivisions shall be subject to the provisions of Chapter 18.24, Design Standards, of the Elgin Municipal Code, as may be amended, with the following exceptions: 1. Additional Subdivision. "Lots of record" (SR) may be platted at any number, size, width, or depth. Additional lots of record may be established subsequent to final plat approval provided that such lots of record are established in compliance with the State Plat Act and provided that all resulting "zoning lots" (SR) conform to all of the provisions of this planned industrial district ordinance. 2. Right of Way Dimensions. A 41 linear foot right of way shall be allowed, provided that a 12 foot 6 inch drainage and utility easement is granted to the City each side of said right of way; provided, however, that additional right of way shall be provided at intersections as determined by the City Engineer. An additional 7 foot 6 inch wide unrestricted easement area shall be granted to the City and to public utility companies. The easements to be granted to the City shall be permanent and exclusive easements with the grants of easements to further include provisions whereby the grantors and their successors and assigns shall not construct, install or maintain any buildings, structures or any improvements of any type within the easement premises, nor undertake any other activities in the easement premises which unreasonably interfere with the City's intended use thereof. 3. Easements. The right of way shall be bounded I by 20 foot easements on each side. A strip of 4 PRELIMINARY PLAT FOR RANDALL POINTE BUSINESS PARK OVERALL PRELIMINARY PLAT SHEET 1 OF 4 0 100' 2D0' 4W' Scale 1" = 200" E EXHIBIT D REw9m U7 Survey Na.: D615 2 Ott CCMMENT6 9 -26 -OS 1 PER CITY 8/01/05 Survey Na.: D615 OM&md By.: PA MR Dexcriytion: RAN= MWE BU31NEC5 PARR pate Preyered: 9 -6 -0.5 Seale: 1' = Ip0' fteltl IwtWz PRELIMINARY PLAT FOR RANDALL POINTE BUSINESS PARK RAII PoINiE BUSINESS PMN, BEING A SUBDfASION IN PM! OF SECTION 5 IN TOWNSHIP 41 NORM, RANGE B EAST OF WE THIRD PRINCIPAL MERIDIAN. PART OF TIE EAST NAIF OF ME SOUIHWESt OUARI AND PART OF ME SOUIHWES11 (WOEfN OF SECTION 31 IN TOWNSHIP 42 NORM, WOE 8 EAST OF ME THIRD PRINCIPAL MERIDIAN. CONTAINING 5.357.880 SOUAAE FEET OR (124.4 ACRES) MORE OR N 86'09'47" E \ r 35 53' Side Is Rear Yard Easements: Building Selbadu: Side Is Rear Yard Easements shall 50' from Big Tmher Read StnN Let Line meet Cdy's minomam requirement. 40' from NI OMIer Street Lot Unes O' Me Natlhem Illinois Gas Let Uno _ \ 0' from any Railroad Right -ot -Wry .. },. +LOT )0 0.643\ \i \ \\ vemale Use seteaab: yV ; ` \� 30' from Big limner Rood of Un Lot Une 20' from NI thher $beet Cu Wee 0' from Northam Illinois Cue LAl Une A E '(R LAN \ 0' from an, Railroad Riot -of -Way 0 RE ILLS �\ I scvc r -sgo' 'r"T .e[ IJ.\d\Q` T\ 1 $[ E,CT.ie CgEfi�`T 9P IN \ Samm': srowi.ieion \� Um. N. 1e065e6 R, X It -27,66" 49. 1 °Boy Scout Camp" or i PIN, 03- 31- 300.030 IuI_iH7:1�L1� n 11D' CURRENT O ,t FARMED I W'A\(ZI7�111 Asat uvuc Bg1e M11SW1 Asw.tarl n 1wmrL lumen TPIbT.anana ss Danew 9. Ins D MNMI AG M4f jiDb U4LE BNIX W1Y L /.WA1110X e511a6iR ICfR Im4T /ODDIfl115 FMI GrtD DE4EYZA WB II,D pglM M Th1c1S INMV Pm [M N emBeD -m Aw e9DlDl -m na waaunn es mm¢ �tAw)1� MRVm. G1FD i£HR.iMV to DDD xWBw Bm9s� -m ♦1M GTFMtlE 5 MkHUI, fW. MNFS B). N IV4EW RW.. RLW. Y m�» F)gXL Ml- )fl -p(V D Gwassm". uc.. Is' Nee MR RM%. tb E11Geea . se, as SHEET 2 OF 4 Bur °fmmxBrmec°Xn'H°Alls smeses g ON COMMENTS 9 -26 -05 .ua�x"mm vzacWTBs Wt S YEVEB WVk A41E NO PER QTY 8 /01/05 agtBlpol RpVCF. IIIMR Ba101 t0`e,U`�a! 16n) NZ -v000 0 50' 100' 200' A Ans. mG W L . 51. wy aaso -z Om em9e Scale 1 "' = 100' ELGIN CORPORATE LIMIT u. I " 41' ROW IT L02 I I i \ i ^,' t� PROPOSED LAND USE: OFFICES AND WAREHOUSES LOT AREAS 2 ON COMMENTS 9 -26 -05 1 PER QTY 8 /01/05 t0`e,U`�a! neTr LOT AREAS 2 ON COMMENTS 9 -26 -05 1 PER QTY 8 /01/05 LOT AREAS g` \ 0 aK O c n r.I n. Da- ns- Ino-ooO w �� O a I \ , <V Y O WETLAND ......... _ FLOODPLAIN _` gIl THE ROODPLOIN UNITS DEPICIED ON THIS PLAN MERE TAKEN FROM THE ROOD INSURANCE RAZE MAP (FIRM) PANEL Nos. 170189COt81F k 170891 BOTH DATED DECEMBER 20, 2002, PRELIMINARY PLAT FOR RANDALL POINTE BUSINESS PARK RANDALL PoINTE BUSINESS PARK. BEING A SUBOMSION IN PART OF SECDON 5 IN TOWNSHIP 41 NORTH, RANGE B EAST OF THE THIRD PRINCIPAL NERIOUN. PARE W THE FAST HALF OF THE SOUDIWES/ OIW(IER AND PART OF if1E SWIMYEST pU0R1ER SECTION 31 IN TOWNSHIP 42 NORTH. RANGE 8 FAST OF THE THIRD PRINCIPA. MMIDWL CONTAINING 5.357,880 SQUARE FEET OR (124.4 ACRES) MORE OR LEAI. l\ PLANNEDj GENERA - NJD STRIA I —eg"', LOT 1 LOT 7 ( / �.^ �` I �\ s ` a, � � `� ✓� 01� . 4V R6;w- IT I 14'3 E ll31 AN '89 4 " W 8.7 ' ) PJA. 06 -05 -400 -002 % ICOR ROW .Lt�. 0 -OS- 300\ 004/^ N 00'31'49" W fi - / / D i 43.04" �N 89'p2'4 \" W 8871' ELGIN CORPORATE LIMIT i \ CU��22REN ZO N /F FFAFtMEDiG DISTR�/ ,-- . —.-.LN. 1 ` E1, PLp ` / P 06 -05- 000 -001 PLANNED G IN USTRIA NICOR PROPERTY s 1oL 3 i k g PIN, oe-05-s01-00l I d Ai LOT � I Building Setbacks: vo icle Ube SeWacke: Slue @ Rwr Yard! Eaeemints, 50' from Big Timber Read Street Lat Line 30' Timm HIS imber Read Street Lot Line Side h Rem, Yvra Evaemenls abv11 Q' Nom AI Other Sde.t Lod Un.e 20' from All Other S re.t Lot U. need care minimum regairemem. PROPOSED LAND USE: 0' from Natlhem Il9nois OPe Lae Line O' Nam NOHhem IMna1s Gab Lat Um OFFICES AND WAREHOUSES O' from vey Railroad Righl -of -Way 0' fmm any Railrovd Right -of-Way I I I RENSION 2 SHEET 3 OF 4 r B � n v 9r r O 80' 100' 200' Scale 1" 100' IILII LOT AREAS LaI 2 I PIN, O6- 05-2'!9 -010 �' Xf D^ri4+Fmnnl W Cx X. IR@fOilA% Lat < P.Ln D6- OS- Yl4 -o98 F ELGIN CORPORATE UM J44NIE flWIW G1FJlN ARYH. Mx A4 / . I IIIIVf lg6r lL1®flrt GRO Are OECfYTr eJ1 / o Io1o.IU n ]RUSr Mm 1 Pr ab 8/01/05 II"'n�e.Am rsil is e. wte Preprm: IwLS beer Nmd%i.aou N,LS need one muR rcMTllon G]m rTam w* In. . µ o loom n ]MnT M.M. ewes) -w Caf Am, GMp@E S -Mi Etl. EP [$ 4M63- 5Je X. WG1fµ buy pt , 4 .1. �y`Xe 4by0- MOXG GJ -]el -bee PNLM WMIPoFTW ; aClEtW1FNl. LLG M. Cr� �•M ia wN Ai lied R] V- ccnA4rPn+curL H9Xr 5Mx Nm 4SSCCNIm riNY ENCXLWNC HN6 n�m9�0ieo6hii511m AmalEz S YkHAAAM ll. 9111E Sml Disubg t rLNA WIe1 t� 511E AAII FRPMm Kn. 1. C, /W1R3 tlIC 1N E ARAN 5I. (big(O0J E. IIIINS6 B]1L 9P])w OAT 6Lrve/ No.: D615 2 CITY COMMENTS 9 -26 -05 1 PER CITY 8/01/05 6Lrve/ No.: D615 Ord-ul By.: PANCOR De —pban: R,INDALL PoBDE BUSINUMS PARK wte Preprm: 7 -8-0 Stele: 1'= IW' i I PRELIMINARY PLAT FOR RANDALL POINTE BUSINESS PARK RAND&L POINTE BUSINESS WK. BEING A SUBDMSION IN PMT OF SECTION 5 IN TOWNSHIP 41 NORM, RANGE B WiT OF THE PRINCIPAL MERIDIAN. PAIR OF THE EAST Hof OF THE SOIIIHWEBT QUARTER AND PART OF THE SOURI OWAfER OF SEC IOI TOWNSHIP 42 NORMA. RANGE BEAST OF THE THIRD PRINCIPAL MERIDIAN. CONTAINING 5,357.880 SQUARE FEET OR (124.4 ACRES r4..v. ub- ua- mD -uuR ••• \ L985. o LOT 7 I j( J I �' i e \\ 4♦, WETLAND � j �� � � I l � 1 RoW FLOODPLAIN 3 8 -B LIMITS �\_/ / \ \ �� �' ♦ I 1 J � � \�PS. T N a4Y4'} E 1333. ♦ 1°W, l♦ — ` N A 89 24 W 8.7 ( l 00'31'49° W_ / ICCR I ! ROW .L�. o�- os- 3oo / \ ,00a/ N a3.oa' 1 � s h Yf �9 e \\ ff 6 LOT L•WI 1� +1 P.I.N. 06 -05 -400 -001 I NICOR PROPERTY i MATCHLINE C3 z0 i.L I PLR. O6- OS -a02 -001 (D SHEET 4 OF 4 I II 4Tg��� P'abay. o.e xe I9391:R PI II O0 50® Scale 1" = 100' EI : :.fm-MMT PAN. 06 -05- 400 -002 ELGIN CORPORATE LIMIT /� J LOT AREAS I/ bl 0� P.LP'. 06 -05 -401 -001 ip de I _" =n Nxra<•°h°easei iM.rcev�� I o 0' T i 1 I I I II I Lnl 2 I r1.Y. 98- 05 -40& 002 I I C Col e f` Inl 2 2 I I1 I �l RFNCILIN RATE 2 V 10M WIEea,,wn O o oscvaA x. In4 care 9 -26 -05 \� 8/01/05 droXwex .¢ ram F2easrt �o AND xRAp .X�1 � �-\ ��Mr Xe 199R0},tr ux[[x mXknru9wrs xN DvnM® f' IiuwLS sotal /\ 1// 1 ELGIN CORPORATE 1. D ro, R" 9 -W. Itw) e9}-y� 1 I / /_\ LIMIT mxeaoa AVO assal -ae a2 eWl N6.sA6.D of: uwl[ BWMaWIpWI .L t MW M Tola'NE 'VXYeseer, IEBTVMf t0. B» or .a. As FWxURi. YtMB wff¢ NM 4TRA1E S XDAWII. 6a. RXWL e1)'T91 -d0] RW. ¢OX. LL M1A Ll.aad _ letn 0.o mramAPl9X Ara uwcwreLR. a M \ fuD LUT dys- . LID XLII[ do. Building Setback.: Vehicle Use SNNcka: Sipe k Rear Yard! Easements: THE MOODPLNN LIMITS DEPICTED ON PROPOSED LAND USE: THIS PLAN MERE TMEN MOM THE FLOOD 50' from Big Timber Rood Street Lot line 30' from Big Timber Road Street Lot tine Sipe 6: Rear Yard Easements sholl INSURANCE RATE MM (FIRM) PANEL No.. 40' from Al Other Wool Lot Lines 20 from NI Other Some Lot Lines most City's minknum reguimmeM OFFICES AND WAREHOUSES 17089C01611' k 17089CMMF BOTH DATED O' from NMh.rh IlGnoie Gas Let line 0' Ram Northem Harris Gad Lot line DECEMBER 20. 2002. r 1— ..... e_.. -- e:_.._..._rrr.... n fmm .m. R,a.r.r.d Mnht -m -We, (D SHEET 4 OF 4 I II 4Tg��� P'abay. o.e xe I9391:R PI II O0 50® Scale 1" = 100' EI : :.fm-MMT PAN. 06 -05- 400 -002 ELGIN CORPORATE LIMIT /� J LOT AREAS I/ bl 0� P.LP'. 06 -05 -401 -001 ip de I _" =n Nxra<•°h°easei iM.rcev�� I o 0' T i 1 I I I II I Lnl 2 I r1.Y. 98- 05 -40& 002 I I C Col e f` Inl 2 2 I I1 I �l RFNCILIN RATE 2 CITY COMMENTS 9 -26 -05 1 PER ON 8/01/05 PRELIMINARY ENGINEERING PLAN FOR RANDALL POINTE BUSINESS PARK PANCOR CONSTRUCTION & DEVELOPMENT, L.L.0 ELGIN, ILLINOIS DRAWING INDEX SHEET TITLE CO OVERALL PLAN Cl PRELIMINARY ENGINEERING PLAN C2 PRELIMINARY ENGINEERING PLAN C3 PRELIMINARY ENGINEERING PLAN C4 WETLAND EXHIBIT BMPI BEST MANAGEMENT PRACTICES BMP2 BEST MANAGEMENT PRACTICES BMP3 BEST MANAGEMENT PRACTICES S1 SOIL EROSION & SEDIMENT CONTROL DETAILS JACOB & HEFNER ASSOCIATES, P.C. 739 ROO SoRV6Y0R5 739 ROOSSVIi1.T RD., 3DIT6 100 DLHN N2-9 IL 80137 (830) B{2 -0000 1^ ak. •_VbY1G' &-dkTx E H' FMe.01 4� Hahne fltl� uowar o yy�ReWP 2 i$ 64QAre'. @�.J 'I P !�t AoyyBlry saY WARNING 11 :: CALL BEFORE YOU DIG (Q im Nom FEND m m DEaIG) LEGEND x mia ue NnU mo®s�nw,Y yu.n. r — O srw.n.ur 3 ®rm¢rw •_VbY1G' &-dkTx E H' FMe.01 4� Hahne fltl� uowar o yy�ReWP 2 i$ 64QAre'. @�.J 'I P !�t AoyyBlry saY WARNING 11 :: CALL BEFORE YOU DIG (Q im Nom FEND m m DEaIG) LEGEND x mia ue O mo®s�nw,Y yu.n. — O srw.n.ur 3 ®rm¢rw 9 -27 -M 2 — [mlw Surturc x6 a mucnH mw6 ~EasVe J ovTw plu1MS zmLenrt x&o — 51W1 u[ ■ r116® zms enEi ]— �f1Y/Y� fmY uc • SION twiw 8191 1 ..•omamw mmioc y � � vmm w - "E U nvnA1 �nnuc ���rmrt«axm msis srs E usrnac c wss rwm m scv OM1E osMO oMe(!n :ucnac C � Rum o0 Ssoa � ® EMML MRR YMK FRME RWNV 1RIUS � M3® BFiMO N4 Maf® 90 ® .PM1® CMaF Q FY61/E lglf 19E o B W Y F d, Z O d c 4 H N N J W o as z� 0m E 3 d1r OaN n 9 -27 -M 2 aw oo ns 9 -09 -0 1 ow DGYQn 801 -OS 0■WNAL PLAN DATE 7-08-05 No. D..olptO De. 9E vms t O 95• ,50• 300• 6=a/ , i i WORM 1\LLL`� }a oy m LE a �2 I Now 19 ,W'1(L 3 S XLW N a a n OARPtOw ctva aE�cn er: rtv c�csao er: circ 1" =150 D615 CO J ■ ■ ■v ©oi�1 f f� (f - e VIII OARPtOw ctva aE�cn er: rtv c�csao er: circ 1" =150 D615 CO J OMMER �._ RIVER I ; FS IN EDWIN 1 I IIII r�l ,t1I kill i\' L ( III �li, �i► -�� � - • � . � ::r: �- U._ I ( III Ilu��. � �� � / � � '.: -, (� ��� -',,,1•tl���� III II �IIIIII ...- ■ ■ ■ © © ■ ■H i:: ��:���. !� III �� � ���il ,l •. - .jigy0!IIN�I'A� / / /// �`'� r 'Nw�pr jjj/// ��i ►� ��� ��. r ����O���i���ips \��p. YI .: ..41 ��IFJ�iB 'ii "' .. •. -�.. Y �y I S N IZ R1 ww� E� 0 VO; A +a 3 ^ZM N 0 o L7 U as In eo 4d DM" U: PW M= W. m 1° =150 D615 C4 d VO; A +a 3 ^ZM N 0 o L7 U as In eo 4d DM" U: PW M= W. m 1° =150 D615 C4 \ \ u S O \ \ \ \ D SO' loo' zoo' U \ Scale 1" 100" \\ W x z E W m z > ® \ o \\ E• Qz _ W / \# a� O/ a z Z U IT IT ` \\ ( y' \ I \ w T ( POND 1' NNL= 880.50 \ \ \ ED NWL =87205 � -� runsl AnrA � IT ® TRTIINR' y W w� ED K -N -T IoQ y \ x • g 1 1 Qa IT IT I U v - �.. IT BEST MANAGEMENT PRACTICES NOTES: BMP HIERARCHY mm W.. eul DRAINAGE INFILIRANON AREAS ®—LEVEL SPREADER �$ — VECETAIEO $WALES ®— CATCH BASIN 1. THE CRIIRACTOR SHALL COMPLY WTI TIE TERMS AND COHDROHS 1. PRESERVATION a N1IURAL RESOURCE fEAT/RFS SUDI C BY: BIB E DE THE BANE COMN STDUWATER PERMIT AND REDONAL PERMITS AS FLOODPWNS. 51RFM/S STEEP 9CPES, SRNIFICANT AND WE GENERAL CONDEnON5 FOR ALL ACTADIS AUMERGED MLDIRL AREAS TERANDS Wq'%IIANOS, SENBTVE ADRFERS IT — INFILTRATION TRENCHES ®— WERAND BOTTOM BASIN UND02 INE RPP. AM TIER RECHARGE AREAS AND NAPW SDLS 111= 100, s 4. AND SOIL SO AS TO CREEATE�TIERLLEATST PPGXNT i. OR�IXRAPHY ®— LINED APRON / INI£T PROTECTON® — CURB k GUIIFN VEGEIATGN LOSS AND SIZE DISNRBANCE D6 1 5 3. SIM MSIN SHNL MAWMN NATURAL DRAINAGE PAIIERNS AND o WI COURSE$ BMP1 I 0 30' 100' "0' Scale 1" = 100' im ,.� I NICOR ROW 2 i e v mm BEST MANAGEMENT PRACTICES - DRAINAGE INMTRATGN AREAS ®- LE W. SPREADER $O- VEGETATED SWAUS ®- CATCH BASIN IT - INFlLTRATCN TRENCHES ®- WETLAND BOTTOM BASIN - DNED APRON / INLET PROTECTON®- OJRB k CUTTER o� Z. M.' r, IbDll il! V Rl.W9 I r ®PHASE II: TO BE DEVELOPED -AFTER USFWS STUDY PERFORMED / i NICOR PROPERTY x aw d � � O P, z >�, E• Q °z; W a z�� o p z a F w a z �-I d ZO A H z� W o �4 z d w U V2 W F a U O z e� VI �" ti w 84h Dun BY: m m 1" =100' D615 BMP2 I I r I NOTES: BMP HIERARCHY I. ME CCNTRM1GTOR SNALL CYAIPLY MTN THE TERMS AND COMMONS I. PRESERVATION E£ NAMM. RESOURCE fEKT SUCH O THE RAKE COIMN STORMWATEW PERMIT AND REGIONAL PUMATS AS PLOODPWNS STREAKS STEEP SLOPES, SILMFlCANT AND ME CENER& OWDIDONS FOR Al ACTMRES AUTHMM MMI'E AREAS RETUNDS ROWLAMS, SENSRYL AQIM R UNDER ME RPP. AND THEIR REWARGE AREAS AND NAME SOLE 2 STE OYELWKENT SNML OREON ND ME ExvmG TOPOGRAPHY AND SOL SO AS M CREATE THE LUST POTENTLY. FOR 1EC£TATON LOSS AND STE OSMRBANCE 1 RTE DE9W S MAINTAIN NAMRAL DRAINAGE PATRTNS AND WATER CWRSES x aw d � � O P, z >�, E• Q °z; W a z�� o p z a F w a z �-I d ZO A H z� W o �4 z d w U V2 W F a U O z e� VI �" ti w 84h Dun BY: m m 1" =100' D615 BMP2 I 0 50' 100' 200" Scale ®, wo 0 NICOR ROW HWL =878 POND 3 BEST MANAGEMENT PRACTICES — DRAINAGE INFlLTRATDN AREAS ® — LEK SPREADER O$ — NEGETAT31 SWALES ®— CATCN BASH IT — INNLTRATON TRENCHES ®— W{TAND BMW BASIN ®— LINED APRON / INLET PROTECTCN ®— CURB k CUTTER �LMnAMK wlw Ao n ARV ® 32.92 ACRES NWL= 871.75 WETLAND BOTTOM= 871.25 C I Z" RM.,,,., ®PHASE II -AFTER USF NICOR PROPERTY f G f 4 7 DEVELOPED UDY PERFORMED I � �I I 1 I' II I � II \ NOTES: BMP HIERARCHY 1. THE C T ACR)R S W C PLY MM TIE TERNS AND CONDITDNS 1. PRESERVAMM CE HAMAL RESOURCE fEANRES SUCH V T BANE COUNTY STORLLWAICF PERMIT AND REG NAL PERMITS AS ROpIPLANS STRUMS SW SLOPES SWISCANT AND TIE CENTRAL COMOITWS FOR AU ACTNTES AUTVORIZED MIIDUFE AREAS, YETLANDS. MVCOLANDS. S PVE ACIH{ERS 3 AND T IR RECHARGE AREAS AND NATIE BLS a C3 —TOO AND SOL SO AS TO CREATE ME (EAST POTEN Cpl o✓ VEGETARM Loss AND ATE m5WRBANCE U) K a WATER CWRSES W U v i z C °' w a f G f 4 7 DEVELOPED UDY PERFORMED I � �I I 1 I' II I � II \ NOTES: BMP HIERARCHY 1. THE C T ACR)R S W C PLY MM TIE TERNS AND CONDITDNS 1. PRESERVAMM CE HAMAL RESOURCE fEANRES SUCH V T BANE COUNTY STORLLWAICF PERMIT AND REG NAL PERMITS AS ROpIPLANS STRUMS SW SLOPES SWISCANT AND TIE CENTRAL COMOITWS FOR AU ACTNTES AUTVORIZED MIIDUFE AREAS, YETLANDS. MVCOLANDS. S PVE ACIH{ERS ANGER THE RPP. AND T IR RECHARGE AREAS AND NATIE BLS a 2. 92 OEYIIOPMENT S W CIXIELRM N ME USVW TOPOGRAPHY —TOO AND SOL SO AS TO CREATE ME (EAST POTEN Cpl — YR OVERFLOW VEGETARM Loss AND ATE m5WRBANCE U) S STE DESON SHALL MMNTAN NATURAL ORNNAGE PATTERNS AND a WATER CWRSES I I �Qo a U U) a W E i F C °' w a L) U) o P. w H . a °z W w a w z�� o� z p F W � a � Z E-1 a z � W o z - — a U a vi F U O m' a$ Q w g z 0 U fp IR i, \ � ti w Bois WRIYY In: PLY CBBC® TTY: BR 1" =100' D615 BMP3 STABILIZED CONSTRUCTION ENTRANCE PLAN 00 n Ex:zt 6e *":"qkk oct Rnek tOptionol> 10' Min e \ S t Ertmtl Gull Vltltlr `POZI[IVe Oroinnpe ° Gf 5TIDI zz ..d EQ- T° Seamen[ Oper'dtlprt Tropphp Devlce. PLAN VIEW To- "m /(SIT SbPe <pble Bernn Gll<er GahrR tl PJ " °Yoptinnal. Existing Gromd SIDE ELEVATION NOTES' 1 fitter fnNic zbnll rest the repu4enents o e °'bi specification 592 GE.TE.TILE. Tubiel or e, CI�z50. N ontl s .l be place¢ a erlo, < e plaeN0 or rock. 2 Rock w nea c e Noll nest o of the FaI IHGT c ^aareeate °6r ^m<mn CF -1. Ea -e, Oa -J o1 ale aM be places o-de n 25 NU ILL ush, DID-ent Method 1 stn... III n tip 3An^ SramW f- Ritaks ebI beco f i, s 1 be ali .aN c. a u r irrB to hs hot[ eke Installed acCordMp <o the ....fa.t-ol .p c.11cot they beta h4 _I ,/ t, f91L�t06ffNMiw II h1ICE Cwdw IyoM h4 SILT FENCE PLAN b su000et V swoee (noxv festemr - ern Ra 9 Gnae. Yne I Per Post RepWre6 (TYp) 0Yn x (I iyp) 1 7 1 1 1 T1 W N v ELEVATION (Alter Gdnrlc i gr.ctmn OF Ro`° UnaistuNed Gr Wnd One c m L c.rT_ts. Bockflll 6' Mln FABRIC ANCHOR DETAIL NOTES 1. Top old butt .Fps of nest support shoo be nn. Bn6e nob. z m <ernemnte e ` nest, suppor FS is be le. 9o0e no. U, 3. Torpor, z < ante ..I be tulled Prier < try Brack, ork the or,, to be protected. They shall be olgho n Perbd and r re6 In or'- tlmt.1 a flnoluB "uol, <. Fit to rr Too ralc stroll neat the °reWlrenentz of roterl 1 -IfIc coon s92 c.1-tte Tome 1 or e. Close I "Itb cck1u 1e t operina zI.. of t IeosT 3. for n en on`a^o r n 5. Gen eItl.l sordrst.et post or ...d Post stl. o So "c" 6. Tire ...pa'< troy de oM«ed If o -like, oP 5' IS u e for Postn so. cloi, . ok us AFPWTIFXt 6 NWHOANR hyped h4 _ ,/ t, M ON WATO SWIM Denis Y4_ Cl RtMTS efies. h4 CONTROL MEASURE CONTROL MEASURE � o. o. 5t � y CONTROL MEASURE CMARACTERIST1CS ¢ a stoat IH JY4 TEA WN. xyR uyhlE g1Lr .WG �1. acre xw. EEC. I;AU cxr DUMI GROUP r n 1EMroYlBr sEmwc nO dp°a 'lp'nervi'a an, xwnxh9E rtRpfflr14Eh1G ® y bECETATNE SOIL TENPORAW SEED"s ® °°"^t °'°` x x "'Nea COVER O u . x X wICHMB -_- GPWrp LOhll Oa'9°°6irr err x NON VEGETARYE SOIL COVER w.EOnw .na..X 6.o.m.. m.a..aomamn am.6 worse room x x nrmics .w Wwo em rm rW.a6 °t^KKt ewpnr ss .. a'E ♦ s u W. n+a4.'ai r smw eu k i Few. Imow .era ,d.xmaxma Mrw Wnxm M'Lgril1E CAER O xa�dli�IU"fiar�r. vm X X Op wm se mu rrn kesibbei O "°xw.k"rc'm.e.E . nu lmmmzxr -6s. x x SOIL PROTECTION CIIART pwxu w[mm O is I.�xu mwYap.em �wr�a x x DNERSCNS mumurvx/ IxSgIW ® l® •'u®n rla'e w sew' s` °°fr °^ ° °°'sea b x X Iva. xa punw cc m'm"n. is r.o °®r .5rla.T ro x HEM ern I. p..NN^. a w I.m Perm M - -w Pu tlen M. lxnWpre�eM b fmL..rwnlq lRYabn Iynd N ekereser o C6aIV W imm Cenxuen a. Mintin. maxL9 Oe °m 6�2.IU �&rnrn ems. ' °" 9tlE x x INrc cares ® Ishes-,nos ...,.ar.n.. ere x WATERWAYS T, Dissie i. vS¢umE ww TEL O ow.0 Im za wmrr. rw x x s. Naminu i ue °H' Nbni ok be ^ ticks, Iadvir�q rage blew', e f D. --sea ,4,p'iiern.e°ne..., ck wdsNnwbd.mw':a�`% n ek- i s wswl a Ep aLwxu O x ENCLOSED swW SLWER O m.�. �n�on l.a°�.owro m°n eam ' ^'""`'®"'° x DRAINAGE pmRppW O nr�tl14'wnrs°Oa01m .�s°vi a'm~`�'I � �o X X ^. arlgp ins IN, non -. �..rvr.alse win ..nmwn ..I'- - R'Iiwa ei -,eons s4 vN a p�M 6mw+c. W fM muM�wvlgi+ �vf� µam set � faea `" xY za p mrv�/.6�. fiN wd � n .B w '. um.. rrsf mn<v. SPLLWAYS SMKN! WE SRLLWd O mtv sera vnrt'v rtos w non n % a pe "ACT wE vWwr O s yy I.m nm u.0 hers wlrn ovs x Wpe suWAr Ow rk'®„'Ika nx,PO'°^^„ YA1x" da,+�o,Ia.s .IOI.rm x x a . In ens er n. n .. n skiklikes to o- .,....e. m�ww.a�ti° sow, awrlm.: J3` IT°A°T^^; Im. a.wYa m .ar6bti. d eThafu skkr en mlraof tbh h ik- efkt v. ',II u8 -' a,"II,d,., his a0 N,. b1 0 em IIUT wv slam ® na, .. a.®.Ieptia x x OU IETS era .wax Ou nl..0 IInI IuI wndl. er Itu. ®Ian x x EIfbNMII SFCYINI IpSn O6 alarm mesas. wl rho x x SEDIMENT BASINS pl. ° tivr W"Sex. �a. n 'k. ,. ieow. mask aI' `^ z • ti T'^' b r�r�aa..Il; s a �'n°' apnb .. E,00kl me era. I wk.0 ixfJ.MRD 56YENf Ill9l YO$ . cw s x x SEDIMENT FILTERS ® rw who x O i u q` -w X Ix MUD ENO Shama awn Exlwre ® - x DUST CONTROL Ppw'^m0ier�tsxun ^sew tic - ^w"kPh`°a,n -ni 7 sour lw T^A'nc coxlrlw X M :;S II i "ab °retin al' .rk , I kIs wm I•r.erin The =whill, sh, wooer, � ..w. a.nwrw n ".was he Joebee .n. n w M.. SYSY f /waxv" e. m` sea. n+rmae x eek, arcu s mvu cw IN. fron%EZ Priem .N. 1. a sewers a .mram a wdlwa sow �Irwbefn°mitlnwe+u w The cN.. "el.r a6 eewa w m... Iola. mm .IIN.6le S.nwl. ws .mw n " book. a nennw4, sh- seme.. ei A'�e "r re..w .tie. low^ E wm ea.. ndllnzo I.aw �. the Tie noel. f...is nn.6 nw..I« we .der.. ia r .� . h6^r., A.rd la u'b.ww^a�goP e`m 's a ah`. m. wee os� . oap Tho ERE °^ w ^rr� aM�e �. � "k keeps, The M tsd,ieste WArte. c (: w'n ^evn.i nn rely "w mn"lr'ocN u "eb eva'Pw^'s`Y^.e ns were or ue sic., snap n ^oeuNwtlN N e Lc'unwws 5 rronrtm 10. ��"ae m' Is .real .are a ssee.'.. n - w°ssseek° Is T"0.mmwapii�P 4�. aN imi mn'a°sab q. Poi nroary a °n a. rP...e sra. w I..a me- be aw skeet ew°fo T ."'°."°FD°o- 'l a Pos =='t., w.a o7.. th. w A > m N�b a: a`mq°. u4V ac. °ryn'knAwyve4e esex i�rk1i 41" wpcnme .mw sow r .nII n w ..an a peen'•„ :. rwnexw�er .wawa Iwa va m ® Id N Vernier,. h seed .M M Iaerm me m "IG Zx4elvaa° � Wn sro s` a d na°ueI°nOi ^"1°' f sbe s:^9 mm^ aeeschea m w-C .Tr'I° Mwn Ir^ue ^M T." n^'mm°n^a W, me.sM :m eul.ea" a°mew' eI^naw 1°p`^Ni ngmn meuelµ. w. a' n r- TheI e hn �Ph o" rsl r.WU .Nine e�a r . rt" w °�� .Nmtin. e . - aPp. se a .. x to awn, I. non m. era err o-�nnd a swab'!sis a d','e'wu.Iaa6m Ira. ^W Mo �' ". fnle.lG.: seek semi., al. bp gi, w fw kasha wl ter. ken 6ele�ve a IS.R""f.. �e.e mms-.r.M.B fax ens. e. ..-kk npmvnwv aw�pnsnx m inw �wb" s. w g41md " r a n "°r7�wi. p1 Anne. peeeee weer era ..w. rn"°sa a aeea.d m Pm'aee1. -.owl se � :w al.4e° x m. w. well a ..Y.a t ..^. w.wr,ar .. e. ease en Its= =7=.' s rolbn n mw pamsm lie. Peahen eew"fi i�a'e°alaw'w19�si. In rr`s"n"" e'�`w`li e'onM�..enl�`:IUIn�'"fi �aenaw e"y`aa imn . e i t sw ern .B pv�ae .vl 6, `emi'al`N s�gtin el Ggne. ceipess kI .,° .,Sw rose i tl q ue It N- "'kvu°e.nd smwYm®.roecon'e�wE � kr°�ke ho m9 9e' MI man u�l �rywri vl k=.le.h es lase ems`^ la Inv s a l v"o"W a Ivow.�ek wikwlry i° seam.. ... anti w.T.o m 4. s.gr"Ama� '0a a nw Sksbo 22. Wuaev ti IL sores -sole it xs- Sl.m.avr pa ick . 4eearsN .e Imm nn Gwmlq aw.rm. n- M 6xrmmur dhmwse snrcna"'nae nu qe n'Ieua'waO'w ecuibmus sk.:k the phn a. it-. a TM^9 A solike Mealn 1. M +^^G'9 vh. m evIII see. waa'Q."ove.e o-N...m o- lmfwwl.d r. I,ew.M a..ea. men w�.e shes e e"'o.'°.° nn arm: . l.°'w m..m.e .w a Ildalne a ..ea wee is ae.N..d LOxTR.I'IaR Yi0T11EUIVs Thh he". soma, u a set W he Slam xw Palwb^ n....la. rife M bo M xe. nBrMT be G an.nm w<Ikn seek, m W To. Is e fNmIECT T - wlauL rtxrt a/affi em P Iukar bocu k uE W 6 on cadnr nATL EfYFLOPFR: .sCd Camwrnex ORNIST xuMxER WNiRACIOR: hocket mrmmtmem �z d da W w 2 U� C� w z.4 MZ-1 O 2 C4 oz°� W O F aF.Z g z o m�a as ai q d3 d a U a a z z w w PIP A Y* z O F U F z O U s a z_ C.h a w 6 6. vi F V O d � 8 0 log o- d z e9B°m'2 5 6T l�VYY N.T.S. D615 S1 J EXHIBIT E -1 Randall Point Business Park - Summary 1. The stormwater has been approved on a preliminary basis. Except as expressly set forth in this Agreement, no final approval shall be inferred from the approval of the preliminary stormwater materials. Subject to the provisions of the final paragraph of Section 3C of the Annexation Agreement, the detention basin bounce is subject to approval by the City Engineer after the final stormwater report is reviewed. 2. The possible extension of Rudy Court to the westerly boundary of the Subject Property shall be noted on the final engineering plans and final plat of subdivision. 3. On the Preliminary Engineering Plans, the final intersection alignment for Madeline Lane and Big Timber Road shall be labeled as such (and the reference to "alternative" alignment shall be eliminated. 4. On the Preliminary Engineering Plans, the Lot numbers shall be shown. 5. On the Preliminary Engineering Plans, access easements to any lot not directly fronting on any public street within the Subject Property (and to the Outlots, if and when incorporated into the developmenton the Subject Property) shall be shown on the final engineering plans and final plat of subdivision. 6. On the Preliminary Engineering Plans, the first driveway leading into Lot 3 on Rudy Court north of Madeline Lane shall be eliminated or relocated. 7. On the Preliminary Engineering Plans, all proposed off - site utility locations are subject to change if they conflict with the location of any existing off -site sanitary sewer interceptor (not shown on plans). 8. On the Preliminary Plat, property line easements are to be shown. 9. On the Preliminary Plat, a note should be added stating that access easements to any lot not directly fronting on any public street within the Subject Property (and to the Outlots, if and when incorporated into the development on the Subject Property)will b added. 10. On the Preliminary Plat, an easement for thr existing sanitary sewer interceptor should be shown. 11. Proposed items related to Nicor's facilities and right of way are subject to approval by Nicor. WAWORK\34488Wnnexation Agt- vl4.dm EXHIBIT F LISTING OF OFF -SITE UTILITIES None required a N N L O c e 0 M O W O a ` « N O � N O N N N N O N U � c j 3 m'a m � o a ma m'v « _ N O LL U_ m u m m N N N L � C y C p O N N a E o w C � � v dead naL m m m C f/J O M y N V O O m a n o m � a m ' E o NN N m T 3 L d L m s E C O b U n �aT O n N n c u_ E a t E m � a m o c v E c � 0 � O E O O ? U° E m ry m w d 0 0 N a m g C n T d d O '- c o n m d a Z m 3 dmn in Ty O Y N N w m b N O N » d u_ E� n o a a m c o 'n E a 0 ti d d c d Z c Z Z z z O O O o 0 0 O O o O o 0 m m N O o 0 o O o 0 o O 0 0 o m ro F J O O O O O O O O O o O O U Q 19 V3 f9 f9 fA IA f9 f9 fA f9 fA f9 W (O w r 4 m U M N Z " rc m W a � y W y b b O O b b O O O h O O .0 -0 b b O O b b O O b 0 0 b O b O b O b O h O b O h O b O q m n o+ m ,0 v LL Z2 h o f9 n !� o fA � l� 0 fA '� o h f9 � N o f9 f. c IA "� h o^ f9 o � tl3 "• o n t9 "� o h U3 m o n t9 o U� `� of b [O ^+ m � (O u.� � (9 ✓a N W M bi bi W M 19 f9 W h � V3 � Q O Z O N > b b O^ i'1 N O O n O N O vp O g O b O 0 0 0 O y y b O O O N O O N O O O N O g O N O O O O O H O fA O f9 N O f9 O fA b O f9 g O f9 O 69 N O tH O E9 N O f9 b O 6A O fA O O d3 O O tl3 I` ry p 69 bi J y O W a a m Z N O N O N O N O N p N O N 0 O n 0 N N 0 N 1 o 1 o N N 1 o N w m g m m q Q X IL � f9 fA (H H H1 69 O fA O f9 O f9 O fA O fA m m T l� Q p� q q q q q- q q q q q_ ryl m q m W 3 a w w a a O o ¢ a U. V/ W Y d 0 0 0 0 0 0 0 0 O O O O O O m O g 0 0 0 0 O O o O O O O uj W q d y LL b O b O b O b h a d O 0 Q b `T „«„ N o LL d o QO LV d o O 0 O 0 p 0 O 0 O 0 O O 0 0 O o O p O o p 0 O 0 0 0 O 0 0 0 C y y LL IL 0 of 0 0 » m- O » m O to o p fn m O e» w G C� O D O o D 0 a” a` O O O O O O O V O O O O O y N O O 0 0 O O q O 0 0 0 p 6 y LL LL O try b 0 g 0 q 0 N ci p 6 vni C5 n fA m fA aN fA Q C; j� t9 W E9 b! fp A U M W w w M M w w » ro W W j a o 0 0 o 0 0 w o 0 O 0 O o 0 O p O O 0 0 < O 0 O 0 O O O C O f9 10 O fA b fo A b NO j N O !� f9 N f9 fA b f9 m fA m W W fA M O E9 CL � w w w w b V vi w q w N w y 0 Y j N w w w d A •y 0 c m .b a a a N � W <O <O ?o' o OO,b onO Oo`.mOVio 0 0000 N N LL Y3 e9: fo t9:, fA e3 °j Ob to U3 :. t9 t9 H3 fA t9 H3 f9 a0 O y y O r9 ca O b O O O g O C O m O O O O O �p g' LL g O °A n O f9 � O� F9 j 0 f9 OK O fA v^I O f9 q (=i fA � O f9 � O'� f9 O fA y O M � O fA fA fA J N O 1� N N p q N n O Z L 0 y o. Fn d u y o 0 3 u a w a .- O o? Y N T T ap aj 3 m E m W r2 v a N CO Z> W C C C C O C W o 0 'u 0 0 m T E E E a u " o a d o 0 0 a r o 0 o f o' o o E o o0 , m a0 v v o0 C ,m_' u a. m o o E' m O m d n a O, n O a m o. n m a m D e E O O m L CL J fq O N m V.. h Q N! M' O Q W N M 2 C) a N N L O c e 0 M O W O a ` « N O � N O N N N N O N U � c j 3 m'a m � o a ma m'v « _ N O LL U_ m u m m N N N L � C y C p O N N a E o w C � � v dead naL m m m C f/J O M y N V O O m a n o m � a m ' E o NN N m T 3 L d L m s E C O b U n �aT O n N n c u_ E a t E m � a m o c v E c � 0 � O E O O ? U° E m ry m w d 0 0 N a m g C n T d d O '- c o n m d a Z m 3 dmn in Ty O Y N N w m b N O N » d u_ E� n o a a m c o 'n E a 0 ti d d c d Z c Z Z z z 41 EAS low 1 EXHIBIT H SUBJECT RIGHT OF WAY PARCEL 30' from E 20' from A 0' from � D' from c SUBJECT RIGHT OF WAY PARCEL