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HomeMy WebLinkAbout08-189 Memorandum Resolution No. 08-189 RESOLUTION AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO BOWES CREEK ANNEXATION AGREEMENT WITH TOLL IL, L.P. AND LO LAND ASSETS, L.P. (Bowes Creek Country Club—3600 Bowes Road) WHEREAS,the owners of certain property commonly known as Bowes Creek Country Club have proposed that the annexation agreement between the owners and the City of Elgin concerning said property be amended; and WHEREAS,after due notice as required by law, a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed Third Amendment to Annexation Agreement with Toll IL, L.P. and LO Land Assets, L.P., is in the best interests of the City of Elgin. NOW, THEREFORE, 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, on behalf of the City of Elgin, the Third Amendment to Annexation Agreement with Toll IL, L.P. and LO Land Assets, L.P., a copy of which is attached hereto. s/Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: August 13, 2008 Adopted: August 13, 2008 Vote: Yeas: 5 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk 0. c' City of Elgin Memorandum ?n s °'r^1Teo f-%,.. Date: July 24, 2009 To: Diane Robertson, City Clerk From: William A. Cogley, Corporation Counsel Subject: Memorandum of Third Amendment to Annexation Agreement for Bowes Creek Attached for the City Clerk's files find the original recorded Memorandum of Third Amendment to Annexation Agreement for Bowes Creek. c4,,,,,,41 WAC mg Attachment THIS INSTRUMENT PREPARED BY II II 1111 I IIII AND RETURN TO: William A. Cogley Corporation Counsel City of Elgin 2009K06688 ()\46 150 Dexter Ct. Elgin, Illinois 60120 SANDY WEGMAN RECORDER - KANE COUNTY, IL RECORDED: 7/24/2009 9:12 AM REC FEE: 29.00 RASES: 8 THE ABOVE SPACE FOR RECORDER'S USE MEMORANDUM OF THIRD AMENDMENT TO ANNEXATION AGREEMENT WITNESSETH On August 13,2008,the City of Elgin,an Illinois municipal corporation,and TOLL IL,L.P., an Illinois limited partnership and LO Land Assets,L.P.,a Delaware limited partnership,entered into a Third Amendment to Annexation Agreement(the"Third Amendment Agreement")with respect to the real estate legally described in Exhibit A attached hereto (the "Subject Property"). The Third Amendment Agreement provides for certain amendments to the Annexation Agreement for the Subject Property dated February 28,2001,the First Amendment to the Annexation Agreement dated June 25, 2003, and the Second Amendment to the Annexation Agreement dated January 26, 2005, including, among other matters, amendments relating to the age restrictions for the portion of the Subject Property to be occupied by persons 55 years of age or older and amendments relating to construction of the Golf Course and the associated Clubhouse Facility. The Third Amendment Agreement should be reviewed and consulted regarding the specific terms and provisions that encumber the Subject Property. This Memorandum of Third Amendment to Annexation Agreement does not alter,amend or modify the Third Amendment Agreement,but is solely for the purpose of giving notice of the Third Amendment Agreement. IN WITNESS WHEREOF, this Memorandum of Third Amendment to Annexation Agreement has been prepared and recorded by the City of Elgin. CITY OF ELGIN, an Illinois municipal corporation By tfki WGi,. William A. Cogley, its •(,•oration Counsel Subscribed and sworn to before me this 20th da of July, 2Q09. VY "OFFICIAL.SEAL„ Notary Pubic MARY f,IFFORT teary public,stated Illinois MY Commise+on Expires 06/13/2012 q EXHIBIT A BOWES C.ZEEK ESTATES ANNEXATION LEGAL DESCRIPTION PARCEL 1: THAT PART OF THE EAST HALF OF SECTION 25, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON ROD AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 25; THENCE SOUTH 00°09'35" EAST, ALONG T 3E EAST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 16.24 FEET TD THE SOUTHERLY LINE OF BOWES ROAD FOR A POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°09'35" EAST ALONG SAID EAST LINE OF SAID SECTION 25, A DISTANCE OF 553.01 FEET TO THE NORTHERLY LINE OF THE ILLINOIS GULF- AND CENTRAL RAILROAD PER DEED DATED DECEMBER 8, 1886 AND RECORDED AS DOCUMENT NUMBER 9508; THE FOLL DWING TWO COURSES ARE ALONG SAID NORTHERLY LINE; I) THENCE NORTHWESTERLY ALONG A CURVE CONCAVE SOUTHERLY HAVING A CHORD BEARING OF NORTH 72°21'29" WEST AND A RADIUS OF '5831.65 FEET, FOR AN ARC LENGTH OF 201.82 FEET TO A POINT OF TANGENCY; 2) THENCE NORTH 73°20'58" WEST A DISTANCE OF 1504.99 FEET TO THE SOUTHERLY LINE OF SAID BOWES ROAD; THE FOLLOWING THREE COURSES ARE ALONG SAID SOUTHERLY LINE; 1) THENCE EASTERLY ALONG A CURVE CONCAVE NORTHERLY HAVING A CHORb BEARING OF Document! & .ans 1 09/02/04 NORTH 89°35'53" EAST AND A RADIUS OF 1735.02 FEET, FOR AN ARC LENGTH OF 127.95 FEET TO A POINT OF TANGENCY; 2) THENCE NORTH 87°29'08" EAST, A DISTANCE OF 299.01 FEET; THENCE EASTERLY ALONG A CURVE CONCAVE SOUTHERLY HAVING A CHORD BEARING OF NORTH 87°47'15" EAST .A ND A RADIUS OF 114559.00 FEET, FOR AN ARC LENGTH OF 1206.93 FEET TC THE POINT OF BEGINNING, ALSO INCLUDING THAT PART OF BOWES ROAD LYING PERPENDICULAR TO THE SOUTH LINE OF BOWES ROAD AS DESCRIBED ABOVE, ALL IN KANE COUNTY ILLINOIS CONTAINING 13 01 ACRES OF LAND MORE OR LESS. PARCEL 2: THOSE PARTS OF THE SOUTH HALF OF SECTION 25, THE NORTH HALF OF SECTION 36 AND THE NORTHEAST QUARTER OF SECTION 35 ALL IN TOWNSHIP 41 'NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON ROD AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 25; THENCE SOUTH 00°09'35" EAST, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 770.34 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE ILLINOIS GULF AND CENTRAL RAILROAD PER DEED RECORDED Documentl & .ans 2 09/02/04 DECEMBER 8, 1886 AS DOCUMENT NUMBER 9508 FOR A POINT OF • BEGINNING; THENCE CONTINUING SOUTH 00°09'35" EAST ALONG SAID EAST LINE, A D:STANCE OF 1869.01 FEET TO A FOUND IRON ROD AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE SOUTH 00°18'36" EAST ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 2656.69 FEET TO A FOUND IRON ROD AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 88°31'19" WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 36, A DISTANCE OF 5335.16 FEET TO A FOUND IRON ROD AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH 88°09'53" WEST ALONG THE SOUTH LINE OF THE • NORTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF 1.679.35 FEET TO A FOUND IF.ON ROD; THENCE NORTH 00°27'05" WEST, A DISTANCE OF 877.10 FEET TC A FOUND IRON ROD; THENCE NORTH 84°29'44" WEST, A DISTANCE OF 30.16 FEET TO A LINE 300.00 FEET SOUTHEASTERLY OF AND PARALLEL WITH THE CENTERLINE OF CORRON ROAD AS MONUMENTED AND OCCUPIED; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE NORTHWESTERLY HAVING A CHORD BEARING OF NORTH 30°21'17" EAST AND A RADIUS OF 4901.00 FEET, FOR AN ARC LENGTH OF 624.57 FEET TO THE SOUTH LINE OF STURBRIDGE, ACCORDING TO THE PLAT OF SUBDIVISION '['HEREOF RECORDED SEPTEMBER 16, 1978 AS DOCUMENT NUMBER 1479186; THENCE SOUTH 83°40'33" EAST ALONG TkLE SOUTH LINE Document] & .ans 3 09/02/04 OF SAID SUBDIVISION, 1425.81 FEET TO A FOUND CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF SAID SUBDIVISION BEING ALSO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE NORTH 00°48'45" EAST ALONG SAID WEST LINE, 1450.58 FEET TO A FOUND IRON RCD AT NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE NORTH 88°31'25" EAST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1320.77 FEET TO THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 25; 'IF,ENCE NORTH 00°46'42" WEST ALONG SAID WEST LINE, A DISTANCE OF :!645.67 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 88°37'18" EAST ALONG SAID NORTH LINE, A DISTANCE OF 1308.56 FEET TO THE SOUTHERLY LINE OF A PARCEL CONVEYED TO 2OMMONWEALTH EDISON COMPANY PER DEED RECORDED MARCH 16; 1978 AS DOCUMENT NUMBER 1448597; THENCE ALONG THE BOUNDARY OF SAID PARCEL FOR THE FOLLOWING THREE COURSES; 1) THENCE SOUTH 71°58'14" EAST, A DISTANCE OF 220.82 FEET; 2) THENCE SOUTH 73°20'5F" EAST, A DISTANCE OF 772.87 FEET; 3) THENCE NORTH 00°04'47" WEST A DISTANCE OF 108.60 FEET TO THE SOUTH LINE OF THE AFORESAID IL.,INOIS GULF AND CENTRAL RAILROAD; THE FOLLOWING TWO COURSES ARE ALONG THE SOUTH LINE OF SAID RAILROAD; 1) THENCE SOUTH 73°20'58" EAST, A DISTANCE OF 1550.94 FEET TO A TANGENT CURVE; 2) THENCE EASTERLY ALONG A CUUZVE CONCAVE Documentl &.ans 4 09/02/04 SOUTHERLY, H?.VING A RADIUS OF 5641.65 FEET FOR AN ARC LENGTH OF 260.03 FEET TO T'HL POINT OF BEGINNING, ALL IN KANE COUNTY ILLINOIS CONTAINING 59..07 ACRES OF LAND MORE OR LESS. • Documents & .ans 5 09/02/04 • COR2ON ROAD ANNEXATION LEGAL DESCRIPTION THAT PART OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 41 NORTH, :RANG] 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY ILLINOIS,DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON ROD AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE T IIRD PRINCIPAL MERIDIAN; THENCE SOUTH 00°09'35" EAST, ALONG THE Ei ST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2639.35 FEET TO A FOUND IRON ROD AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH 00°18'36" EAST ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 2656.69 FEET TO A FOUND IRON ROD AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 88°31'19" WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 36, A DISTANCE OF 5335.16 FEET TO A FOUND IRON ROD AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH 88°09'53" WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF 1679.35 FEET TO A FOUND IRON ROD; THENCE NORTH 00°27'05" WEST, A DISTANCE OF 877.10 FEET TO A FOUND IRON ROD; THENCE NORH 84°29'44" WEST,: A DISTANCE OF 30.16 FPrET TO A LINE 300.00 FEET SOUTHEASTERLY OF AND PARALLEL WITH THE CENTERLINE • OF CORRON ROAD AS MONUMENTED AND OCCUPIED TO THE POINT OF BEGINNING; TH:s10E NORTH 84°29'44" WEST, A DISTANCE OF 379.59 FEET TO A POINT C ON THE WESTERLY LINE OF CORRON ROAD; THENCE NORTHEASTERLY ALONG THE WESTERLY LINE OF CORRON ROAD BEING A CURVE CONCAVE NORTHWESTERLY HAVING A CHORD BEARING OF NORTH 32°15'45' EAST AND A RADIUS OF 4571.00 FEET, FOR AN ARC LENGTH OF 640. FEET TO A POINT ON THE WESTERLY EXTENSION OF THE SOUTH LINE OF STURBRIDGE, ACCORDING TO THE PLAT OF SUBDIVISION THEREOF RECO:WED SEPTEMBER 16, 1978 AS DOCUMENT NUMBER 1479286; THENCE SOUT:-I 83°40'33' EAST ALONG THE SOUTH LINE OF SAID SUBDIVISION, 1. DISTANCE OF 353.81 FEET TO A POINT ON A LINE 300.00 FEET SOUTHEASTERLY OF AND PARALLEL WITH THE CENTERLINE OF CORRON ROAD AS MONUMENTED AND OCCUPIED; THENCE SOUTHWESTERLY ALONG A CURVE CONCAVE NORTHWESTERLY HAVING A CHORD BEARING OF SOUTH 30°21'17" WEST AND A RADIUS OF 4901.00 FEET, FOR AN A.RC LENGTH OF 624.57 FEET, SAID CURVE BEING 300.00 FEET SOUTHEASTERLY OF AND PARALLEL WITH THE CENTERLINE OF CORRON ROAD AS MONUMENTED AND OCCUPIED TO THE POINT OF BEGINNING; CONTAINING 4.79 ACRES OF LAND,MORE OR LESS.