HomeMy WebLinkAbout07-273 Resolution No. 07-273
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT AND
SETTLEMENT AGREEMENT BETWEEN THE CITY OF ELGIN AND THE RUTLAND
AND DUNDEE TOWNSHIPS FIRE PROTECTION DISTRICT REGARDING THE
ANNEXATION AND DISCONNECTION OF PROPERTIES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Ed Schock, Mayor, and Diane Robertson, City Clerk,be and are hereby authorized and directed to
execute an Intergovernmental Agreement and Settlement Agreement on behalf of the City of Elgin
and Rutland and Dundee Townships Fire Protection District regarding the Annexation and
Disconnection of Properties,a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: November 14, 2007
Adopted: November 14, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
. ,
(OF Et
Memorandum
IF City of Elgin
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,.,
Date: January 2, 2008
To: Diane Robertson, City Clerk
From: William A. Cogley, Corporation Counsel
Subject: Intergovernmental Agreement and Settlement Agreement between the City of Elgin
and the Rutland-Dundee Townships Fire Protection District regarding the Annexation
and Disconnection of Properties
Attached for the city clerk's files is a fully executed copy of the above-referenced intergovernmental
agreement.
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Attachment
cc: Jack Henrici (w/attachment)
11/8/07
INTERGOVERNMENTAL AGREEMENT AND SETTLEMENT AGREEMENT
BETWEEN THE CITY OF ELGIN AND THE RUTLAND AND DUNDEE TOWNSHIPS
FIRE PROTECTION DISTRICT REGARDING
THE ANNEXATION AND DISCONNECTION OF PROPERTIES
THIS AGREEMENT is made and entered into as of the last date set forth next to the
signatures of the parties hereto, by and between the City of Elgin, an Illinois municipal
corporation (hereinafter referred to as the "City"), and the Rutland and Dundee Townships Fire
Protection District, an Illinois fire protection district (hereinafter referred to as the "District")
(the City and the District are hereinafter collectively referred to as the "Parties").
WHEREAS, the City has previously annexed certain territory and may annex additional
territory within the boundaries of the District; and
WHEREAS, the District has previously filed a petition seeking to prevent the
disconnection of certain territory annexed to the City of Elgin in the matter of In Re the Petition
of Rutland and Dundee Townships Fire Protection District to Prevent Disconnection of Certain
Territory Annexed To The City of Elgin v. City of Elgin, Case No. 05 MCK 6; and
WHEREAS, the City and the District wish to settle the litigation referred to in this
Agreement and to enter into an agreement to avoid future disputes over the annexation of
territory by the City and the disconnection of such territory from the District pursuant to the
terms and conditions as set forth in this Agreement; and
WHEREAS, it is in the best interests of the parties and the citizens of the areas of each of
the parties to settle the disputes over the jurisdiction of such areas; and
WHEREAS, in the absence of a settlement agreement the parties would otherwise engage
in continued litigation and probable future litigation regarding whether certain territories within
the boundaries of the District that have been or will be annexed to the City will become
disconnected from the District and such continued and probable litigation will cause potential
concerns and confusion and the provision of efficient fire protection and emergency medical
services to the Parties' respective jurisdictions which the Parties wish to avoid; and
WHEREAS, the Parties wish to enter into this settlement agreement to fully and finally
settle all claims regarding the annexation to the City and disconnection from the District of any
and all property or territory in the boundaries of the District; and
WHEREAS, Article VII, Section 10, of the Constitution of the State of Illinois of 1970
authorizes units of local government to contract or otherwise associate among themselves, and to
exercise, combine or transfer any power or function in any manner not prohibited by law or by
ordinance; and
WHEREAS, the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq.
provides inter alia, that "...any power or powers, privileges or authorities exercised or which
may be exercised by a public agency of this State may be exercised and enjoyed jointly with any
other public agency of this State...".
NOW, THEREFORE, for and in consideration of the mutual undertakings set forth
herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties hereto agree as follows:
1. The City shall during the term of this Agreement require in future annexation
agreements for territory within the boundaries of the District that the owners or developers of
any land currently within the District that are annexed into the City of Elgin during the term of
this Agreement pay to the District a fee of Two Hundred Twenty-Five Dollars ($225) per acre.
Properties located partially within the District and partially in another district would pay the per
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acre fee for the acreage within the District. Such fee would be required in the annexation
agreement for such properties and would be payable to the District prior to or concurrent with the
passage of the ordinance by the city that annexes the property into the City. Such annexation
agreement shall also contain a provision that no building permits would be issued for such
property by the City until such time such fee has been paid to the District. Such per acre fee
shall be in lieu of any other fees to the District including but not limited to the statutory
disconnection fee pursuant to 70 ILCS 705/20(e) and the District hereby and does waive any and
all rights to any and all other such fees. Upon receipt of such per acre fee the District shall
promptly issue to the owner or developer paying such fee and to the City a receipt evidencing
such payment. The City agrees for itself, its officials, officers, employees, successors and
assigns, that it shall not directly or indirectly file any court action, take any action, or support the
filing of any action which challenges, opposes or otherwise seeks to prevent such annexing
owners and developers from paying the per acre fee to the District referred to in this section.
2. Any property or territory within the District which during the term of this
Agreement is annexed into the City and for which the fee referred to in Section 1 hereof is paid
to the District shall by operation of law be disconnected from the District pursuant to 70 ILCS
705/20(a), as amended. The District agrees for itself, its officials, officers, employees,
successors and assigns, that it shall not directly or indirectly file any court action or take any
other action which challenges, objects to, opposes or seeks to prevent the disconnection from the
District of any such property or territory so annexed into the City during the term of this
Agreement including, but not limited to, filing a petition seeking to prevent such disconnection
pursuant to 70 ILCS 705/20(b), as amended. The District further agrees for itself, its officials,
officers, employees, successors and assigns, that it hereby waives any and all rights either
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directly or indirectly to file any court action or take any other action which challenges, objects to,
opposes or seeks to prevent the disconnection from the District of any such property or territory
within the District that is annexed into the City during the term of the Agreement including, but
not limited to, waiving any and all rights to file a petition seeking to prevent such disconnection
pursuant to 70 ILCS 705/20(b), as amended. The provisions of this Section 2 of this Agreement
are not intended to apply to any property or territory not located in the corporate city limits of the
City of Elgin or annexed into the City of Elgin during the term of the Agreement including, but
not limited to, proceedings pursuant to 70 ILCS 705/19 or 70 ILCS 705/21. The provisions of
this Section 2 shall survive the expiration and/or termination of this Agreement with respect to
any property or territory within the District which are annexed by the City prior to the expiration
and/or termination of this Agreement.
3. The District further agrees for itself, its officials, officers, employees, successors
and assigns, that it shall not either directly or indirectly file any court action or take any other
action which challenges, objects to, opposes or seeks to prevent any annexation to the City of
any property or territory within the District that has been previously or is during the teini of this
Agreement annexed into the City. The District further agrees for itself, its officials, officers,
employees, successors and assigns, that it hereby waives any and all rights to directly or
indirectly file any court action or take any other action which challenges, objects to, opposes or
seeks to prevent any annexation to the City of any property or territory within the District that
has previously been or is during the term of this Agreement annexed into the City. The
provisions of this Section 3 shall survive the expiration of this Agreement with respect to any
property or territory within the District which are annexed by the City prior to the expiration of
this Agreement.
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4. The City and the District agree that the matter of In Re the Petition of Rutland and
Dundee Townships Fire Protection District To Prevent the Disconnection of Certain Territory
Annexed to The City of Elgin v. City of Elgin, Case No. 05 MCK 6 is currently pending and
seeks to prevent the disconnection of such territory annexed by the City from the District (such
lawsuit is hereafter referred to as the "Subject Pending Lawsuit"). The City and the District
hereby agree to settle the Subject Pending Lawsuit as follows:
(1) The property which is the subject of the Subject Pending Litigation being legally
described in Exhibit A of Exhibit 1 attached hereto (hereinafter referred to as the "Subject
Property") shall remain in the District for a period of fifteen (15) years but then shall be
automatically disconnected from the District pursuant to 70 ILCS 705/20(a), as amended, on
December 31, 2022. The City and the District agree that during such15 year period that the City
shall have the primary responsibility for the provision of fire protection and emergency medical
services for the Subject Property without charge to the District. The specific procedures between
the District and the City's Fire Department which maybe necessary to facilitate the City
providing such services to the Subject Property during such 15 year period shall be agreed to by
the Chiefs of the City and the District with such agreement by such Chiefs not to be
unreasonably withheld. The City and the District further agree that all improvements heretofore
and hereinafter constructed on the Subject Property shall be constructed and maintained pursuant
to the codes, ordinances and other requirements of law of the City and pursuant to permits and
other authorizations and inspections by the City. It is agreed and understood that the services
referred to in this section that the City will be providing are general services only and that no
special duties or obligations are intended nor shall be deemed or construed to be created by this
Agreement. It is further agreed and understood that this Agreement is not intended nor shall be
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construed to alter, limit, or constitute a waiver of any of the civil immunities afforded the City
and/or the District and/or their officials, officers, employees, and/or agents pursuant to the Local
Governmental and Governmental Tort Immunities Act at 745 ILCS 10/1-101 et seq., as
amended, the Emergency Telephone System Act at 50 ILCS 750/0.01 et seq., as amended, the
Emergency Medical Services Systems Act at 210 ILCS 50/1 et seq., and/or otherwise provided
by law, it being agreed that all of the civil immunities as set forth in such Acts, as amended,
and/or otherwise provided by law, shall fully apply to any and all claims asserted or which might
be asserted against the City and/or the District and/or their officials, officers, employees and/or
agents as a result of this section of the Agreement or any of the actions of the parties pursuant to
this section of the Agreement. Without limiting the foregoing, it is further agreed and
understood that the City and/or the District and/or their officials, officers, employees and/or
agents as a result of this section of the Agreement or any of the actions of the parties pursuant to
this section of the Agreement shall not be liable to any party to this Agreement or any other
person or entity for failure to provide adequate fire protection, rescue, or emergency service,
failure to suppress or contain a fire, failure to provide or maintain sufficient personnel,
equipment, or other fire protection facilities, for any act and/or omission in connection with the
developing, adopting, operating or implementing any plan or system relating to the City's and/or
the District's emergency telephone systems, any alleged act or omission in the issuance, denial,
suspension or revocation of a permit, and/or failure to make an inspection, or by reason of an
alleged inadequate or negligent inspection, of any property, other than its own. Notwithstanding
anything to the contrary in this section or this Agreement, it is agreed and understood that no
third-party beneficiaries are intended to be created by the provisions of this section and it is the
intention of the parties hereto that no action may be commenced by any person or entity against
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the City and/or the District and/or their officials, officers, employees, agents and/or other related
persons or entities for monetary damages for any alleged breach or failure to provide services
described in this section of the Agreement.
(2) Within thirty (30) days of the entry into this Agreement upon the motion of the
District or the City and agreed order of dismissal shall be entered in the Subject Pending Lawsuit
in the form attached hereto as Exhibit 1 providing that the case shall be dismissed with prejudice,
and that each party shall bear its own costs and attorneys' fees, and that the parties agree to waive
their rights to appeal from such order.
(3) That within ten (10) days of the entry of the agreed order dismissing the Subject
Pending Lawsuit the District or the City shall file a certified copy of the agreed order of
dismissal with the Kane County Clerk.
5. This Agreement shall be binding upon and inure to the benefit of the City and the
District, and upon any persons or entities who may be assigned or otherwise succeed to all or any
portion of the authority, rights, duties, powers, functions or purposes of the City and the District,
or either of them. This Agreement and the obligations herein may not be assigned without the
express written consent of each of the Parties hereto which consent may be withheld at the sole
discretion of either of the Parties hereto.
6. This Agreement is not intended and shall not be deemed or construed to create an
employment,joint venture, partnership or other agency relationship between the Parties hereto.
7. All notices or other communications hereunder shall be in writing and shall be
deemed given if personally delivered, sent by overnight courier or mailed by registered or
certified mail, return receipt requested, to the Parties at the following addresses, or at such other
addresses for Parties as shall be specified by a like notice and shall be deemed received on the
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date which said notice is hand-delivered or the second business day following the date on which
so mailed:
To the City: City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
Attention: City Manager
With a copy to: Fire Chief
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
and
William A. Cogley, Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
To the District: Rutland and Dundee Townships Fire Protection District
Attention: Chief
11 East Higgins Road
P.O. Box 203
Gilberts, IL 60136
With a copy to: Bernard K. Weiler
Mickey, Wilson, Weiler, Renzi & Andersson, P.C.
2111 Plum Street, Suite 201
Aurora, IL 60506
8. This Agreement is subject to and shall be governed by the laws of the State of
Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to
this Agreement shall be in the Circuit Court of Kane County, Illinois.
9. The failure by a party to enforce any provision of this Agreement against the other
shall not be deemed a waiver of the right to do so thereafter.
10. This Agreement may be modified or amended only in writing signed by both
Parties hereto, or their permitted successors or assigns, as the case may be.
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11. This Agreement contains the entire agreement and understanding the parties
hereto with respect to the subject matter as set forth herein, all prior agreements and
understandings having been merged herein and extinguished hereby.
12. This Agreement is and shall be deemed and construed to be a joint and collective
work product of the City and the District, and, as such, this Agreement shall not be construed
against the other, as the otherwise purported draft or same, by any court of competent
jurisdiction and in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, in
the terms or provisions contained herein.
13. The City and the District agree that, in the event of a default by the other party,
the other party shall, prior to taking any such action as may be available to it, provide written
notice to the defaulting party stating that they are giving the defaulting party fourteen (14) days
within which to cure such default. If the default shall not be cured within the fourteen-day
period aforesaid, then the party giving such notice shall be permitted to avail itself of remedies to
which it may be entitled under law.
14. This Agreement may be executed in counter-parts, each of which shall be
considered an original and together shall be one and the same document.
15. The Parties acknowledge and agree that, in the event of a breach by one of them
the covenants contained in this Agreement, each of which alone is a material element of this
Agreement, the other party shall be aggrieved and will suffer damages which are immediate,
great and irreparable, and for which no adequate remedy at law exists; and accordingly, in the
event of such breach by one party, the aggrieved party shall have the right to seek an order from
a court of competent jurisdiction, preliminarily and/or permanently restraining and/or enjoining
the breaching party from any further breach of said covenant or covenants and curing such
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breach. This right to injunctive relief shall be in addition to and not in lieu of any and all other
rights or remedies available to aggrieved party under applicable Illinois law.
16. This Agreement shall inure to the benefit of and be binding upon the Parties and
their respective successors and assigns for a term of twenty (20) years from and after the date
said Agreement has been approved and authorized by resolution of the second of the parties to
enact same. Notwithstanding the foregoing, and with the exception of the provisions of Section
4 of this Agreement and the settlement of the Subject Pending Lawsuit, the parties agree that
either party to this Agreement may terminate this Agreement upon ninety (90) days advanced
written notice to the other party in the event the Illinois General Assembly amends Section 20 of
the Fire Protection District Act (70 ILCS 705/20) to change the manner in which property is
disconnected by operation of law once that property is annexed by a municipality. The parties
further agree that such a termination by either party shall in no way effect the settlement of the
Subject Pending Lawsuit as provided in Section 4 hereof or any annexations by the City before
the effective date of such new legislation and the termination of this Agreement by a party
pursuant to this section.
17. The City and the District shall each adopt a resolution approving the terms and
provisions of this Agreement in authorizing the Mayor and City Clerk and the President and
Secretary of the Board of Trustees to execute and deliver this Agreement. Upon execution, the
Clerk of the City and the Secretary of the Board of Trustees shall forward to one another a
certified copy of the resolution so enacted, together with the Agreement, signed in duplicate
original, so that each party hereto shall have one fully executed document on file.
IN WITNESS WHEREOF, the Parties, pursuant to proper and necessary authorization,
have executed this Agreement on the dates shown below.
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APPROVED AND ADOPTED this /004Cday of IertIPLAA--;2007.
CITY OF ELGIN Attest:
By: „41.4101 By:
Mayor City Clerk
APPROVED AND ADOPTED this j -0 day of N,p\te.Plb(ic, 2007.
RUTLAND AND DUNDEE TOWNSHIPS Attest:
FIRE PROTECTION DISTRICT
By: _ By: .?e
Preside,t, :oard of Trustees Seep/ry, Board of Trustees
F:\Legal Dept\Agreement\Intergovernmental Agreement-Rutland-Dundee Twshps FPD-clean 11-8-07 doc
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•
EXHIBIT 1
IN THE CIRCUIT COURT OF THE
SIXTEENTH JUDICIAL CIRCUIT
KANE COUNTY, ILLINOIS Clerk 9n
IN RE THE PETITION OF RUTLAND ) ineour 4
%COUrf
AND DUNDEE TOWNSHIPS FIRE )
PROTECTION DISTRICT TO PREVENT ) NOV
DISCONNECTION OF CERTAIN ) 1 4 2007
TERRITORY ANNEXED TO THE CITY ) F7LE0
OF ELGIN, ) ENTERED 32
Petitioner, )
v. ) Gen. No. 05 MCK 6
)
)
CITY OF ELGIN, )
)
Respondent. )
AGREED ORDER OF DISMISSAL
THIS CAUSE coming to be heard upon the motion of the parties for an agreed order of
dismissal, the Court being advised that the parties have entered into an intergovernmental
agreement and settlement agreement whereby this matter has been settled and compromised, and
the Court being otherwise advised in this matter,
IT IS HEREBY ORDERED:
1. That based upon the agreement of the parties the property which is the subject
matter of this cause and legally described in Exhibit A attached hereto shall remain within the
boundaries of the Rutland and Dundee Townships Fire Protection District until December 31,
2022 but on December 31, 2022 shall be automatically disconnected from the Rutland and
Dundee Townships Fire Protection District pursuant to 70 ILCS 705/20(a) as amended.
2. That each party hereto shall bear its own costs and attorneys' fees.
3. That this order disposes all of the claims involved in this matter and is a final
Case No. 05 MCK 6
Page 1 of 2
judgment order, and there is no just reason for delaying either the enforcement or appeal of this
order, and upon agreement of the parties, the parties hereto waive their rights to appeal from this
order.
4. That the parties shall cause a certified copy of this agreed order of dismissal to be
filed with the Kane County Clerk within ten (10) days of the entry of this order.
5. That this matter is hereby dismissed with prejudice, with the court retaining
jurisdiction solely and only to enforce the provisions of this agreed order of dismissal.
NOV 1 4z007
ENTER this day of , 2007.
,
rOLVTI
) 1,)
JUDGE
Order prepared by:
William A. Cogley
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
Phone: (847) 931-5655
Facsimile: (847) 931-5665
F:\Legal Dept\pleadings\Rutland&Dundee FPD Agreed Order of Dismissal.doc
Case No. 05 MCK 6
Page 2 of 2
peuA.
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 THF W ST HAT F
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, MIT WAUKEE 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 TI-IE
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
QUAR IER 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 CEN IER 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 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
SAM SECTION 31 DISTANCE OF 1 1 0� 75 FEET TO THE
QUARTER t',tc OF J1-111J SECTION J V1V .�1, A DISTANCE VL 1 v. ✓ FEET 1 i..
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
QUAR 1'ER 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
QUAR I ER 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}
,
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
V '
R EXHIBIT A"
MAP OF TERRITORY
ANNEXED TO THE CITY OF ELGIN, IT.r.TNOIS
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PROPERTY ' ANNEXED BY CITY OF ELGIN ORDINANCES
NUMBERS S4-06, S15-06 and S16-06