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VOLUME LXXVI JULY 13, 2011
COUNCIL OF THE CITY OF ELGIN, ILLINOIS
COUNCIL-MANAGER FORM OF GOVERNMENT
REGULAR MEETING
The regular meeting of the Council of the City of Elgin, Illinois, was held on July 13, 2011, in
the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:36 p.m. The
Invocation was given by Pastor Nathaniel Edmond from the Second Baptist Church of Elgin and
the Pledge of Allegiance was led by City Clerk Kimberly Dewis.
ROLL CALL
Roll call was answered by Councilmembers Dunne, Gilliam, Moeller, Powell, Prigge, Steffen,
and Mayor Kaptain. Absent: None.
MINUTES OF THE JUNE 22, 2011, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Gilliam made a motion, seconded by Councilmember Powell, to approve the
June 22, 2011, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Councilmember Dunne voted present.
COMMUNICATIONS
National Parks and Recreation Month Proclamation
Mayor Kaptain read the National Parks and Recreation Month Proclamation and presented it to
Randy Reopelle, Parks and Recreation Director and Tom Armstrong, Chair of the Parks and
Recreation Board.
RECOGNIZE PERSONS PRESENT
Craig Mason of the Elgin Octave discussed the Elgin Technology Center in the Tower Building
in downtown, they help technology entrepreneurs and they are privately funded.
Chuck Keysor of the Elgin Octave discussed the Elgin business license. He asked the Council to
be open and transparent regarding the business license.
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Mike Curtain of the Elgin Octave asked for extra time for residents to discuss further funding of
the Artspace Project.
Jeff Meyer of the Elgin Octave, discussed budgeting and solutions for balancing the budget.
Senator Mike Noland provided a legislative update.
Representative Keith Farnham expressed his opposition to the expansion of gambling in the State
of Illinois.
Representatives from the Downtown Neighborhood Association gave a Fourth of July wrap-up
report and handed out awards to parade participants.
PUBLIC HEARING REGARDING A SECOND AMENDMENT TO ANNEXATION
AGREEMENT WITH K. HOVNANIAN T&C HOMES AT ILLINOIS, L.L.C. D/B/A
TOWN & COUNTRY HOMES (PROVIDENCE SUBDIVISION-HERITAGE PARK)
Mayor Kaptain declared the public hearing open.
Corporation Counsel Cogley gave a brief history regarding the concerns of the residents and the
lack of development of Heritage Park. He presented an amendment of the annexation agreement
to have the park site developed. The developer should begin construction in the next 30 days.
Also, they will maintain the topsoil pile and have the pile completely removed in two years
(October 2013). The agreement includes remedies for the City should the work not be
completed. The City estimates the cost for the developer for construction of the park at
$325,000-$350,000.
Jean Decker a resident in the affected neighborhood thanked the Council and City staff for their
efforts in resolving the situation.
There being no further discussion, Mayor Kaptain declared the public hearing closed.
RESOLUTION 11-120 ADOPTED AUTHORIZING EXECUTION OF A SECOND
AMENDMENT TO ANNEXATION AGREEMENT WITH K. HOVNANIAN T&C
HOMES AT ILLINOIS, L.L.C. D/B/A TOWN & COUNTRY HOMES (PROVIDENCE
SUBDIVISION-HERITAGE PARK)
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
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271
Resolution No. 11-120
RESOLUTION
AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO
ANNEXATION AGREEMENT WITH K. HOVNANIAN T&C HOMES AT ILLINOIS, L.L.C.
D/B/A TOWN & COUNTRY HOMES
(Providence Subdivision - Heritage Park)
WHEREAS, City and the owner and developer of certain property within the Providence
Subdivision have proposed that the annexation agreement between such owner/developer and the
City of Elgin be further 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 Second Amendment to Annexation Agreement with K.
Hovnanian T&C Homes at Illinois, L.L.C. d/b/a Town & Country Homes 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 David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be
and are hereby authorized and directed to execute, on behalf of the City of Elgin, the Second
Amendment to Annexation Agreement with K. Hovnanian T&C Homes at Illinois, L.L.C. d/b/a
Town & Country Homes, a copy of which is attached hereto.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: July 13, 2011
Adopted: July 13, 2011
Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 11-121 ADOPTED AUTHORIZING EXECUTION OF AN EXCLUSIVE
RIGHT TO SELL AGREEMENT WITH REALTY WORLD FOX VALLEY, INC. (463 E.
CHICAGO STREET)
Councilmember Moeller made a motion, seconded by Councilmember Dunne, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge.
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Resolution No. 11-121
RESOLUTION
AUTHORIZING EXECUTION OF AN EXCLUSIVE RIGHT TO SELL AGREEMENT
WITH REALTY WORLD FOX VALLEY, INC.
(463 E. Chicago Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute an Exclusive Right to Sell Agreement on behalf of the City of
Elgin with Realty World Fox Valley, Inc. for the sale of property commonly known as 463 E.
Chicago Street, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: July 13, 2011
Adopted: July 13, 2011
Vote: Yeas: 6 Nays: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 11-122 ADOPTED AUTHORIZING EXECUTION OF AN EXCLUSIVE
RIGHT TO SELL AGREEMENT WITH REALTY WORLD FOX VALLEY, INC. (457-
459 E. CHICAGO STREET)
Councilmember Gilliam made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge.
Resolution No. 11-122
RESOLUTION
AUTHORIZING EXECUTION OF AN EXCLUSIVE RIGHT TO SELL AGREEMENT
WITH REALTY WORLD FOX VALLEY, INC.
(457-459 E. Chicago Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute an Exclusive Right to Sell Agreement on behalf of the City of
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273
Elgin with Realty World Fox Valley, Inc. for the sale of property commonly known as 457-459
E. Chicago Street, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: July 13, 2011
Adopted: July 13, 2011
Vote: Yeas: 6 Nays: 1
Attest:
s/ Kimberly Dewis
RESOLUTION 11-123 ADOPTED AUTHORIZING EXECUTION OF AN EXCLUSIVE
RIGHT TO SELL AGREEMENT WITH VINTAGE HOME REALTY (318 SOUTH
STREET)
Councilmember Powell made a motion, seconded by Councilmember Moeller, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge.
Resolution No. 11-123
RESOLUTION
AUTHORIZING EXECUTION OF AN EXCLUSIVE RIGHT TO SELL AGREEMENT
WITH VINTAGE HOME REALTY
(318 South Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute an Exclusive Right to Sell Agreement on behalf of the City of
Elgin with Vintage Home Realty for the sale of property commonly known as 318 South Street,
a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
JULY 13, 2011 VOLUME LXXVI
274
Presented: July 13, 2011
Adopted: July 13, 2011
Vote: Yeas: 6 Nays: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 11-124 ADOPTED AUTHORIZING EXECUTION OF AN EXCLUSIVE
RIGHT TO SELL AGREEMENT WITH VINTAGE HOME REALTY (162 SUMMIT
STREET)
Councilmember Moeller made a motion, seconded by Councilmember Powell, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Steffen, and Mayor Kaptain. Nays: Councilmember Prigge.
Resolution No. 11-124
RESOLUTION
AUTHORIZING EXECUTION OF AN EXCLUSIVE RIGHT TO SELL AGREEMENT
WITH VINTAGE HOME REALTY
(162 Summit Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute an Exclusive Right to Sell Agreement on behalf of the City of
Elgin with Vintage Home Realty for the sale of property commonly known as 162 Summit
Street, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: July 13, 2011
Adopted: July 13, 2011
Vote: Yeas: 6 Nays: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
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275
RESOLUTION 11-125 ADOPTED REGARDING GAMING LEGISLATION BEING
CONSIDERED BY THE GOVERNOR
Councilmember Powell made a motion, seconded by Councilmember Dunne, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 11-125
RESOLUTION
REGARDING GAMING LEGISLATION
BEING CONSIDERED BY THE GOVERNOR
WHEREAS, certain gaming proposals have been passed by the General Assembly in
conjunction with Senate Bill 744; and
WHEREAS, Senate Bill 744 generally amends the Riverboat Gambling Act to authorize
a land-based casino in Chicago and gaming boats or land-based casinos in Rockford, Danville,
Park City and the south suburbs; and
WHEREAS, Senate Bill 744 will also permit slot machines at horse racing facilities that
conduct live horse racing and preempts home rule powers for the regulation of slot machines at
such horse racing facilities; and
WHEREAS, Senate Bill 744 also adds a provision to the Video Gaming Act that
expedites the licensures of establishments that would be permitted to have gaming in their
facilities; and
WHEREAS, the City of Elgin is not opposed to the proposed gaming expansion within
the city of Chicago—recognizing Chicago’s stature as a first level, ―world‖ city and that the
addition of gaming to Chicago’s diverse, international economy will enhance that city’s appeal in
the global marketplace; and
WHEREAS, the City of Elgin is similarly not opposed to the creation of additional
gaming licenses in the outlying Chicago metropolitan area, provided the Riverboat Gambling
Act’s original spirit and intent to enhance the economically depressed regions of the State is
maintained in the new legislation, and provided the new legislation requires the riverboat
licenses to be issued in markets that are not adequately being served by an existing riverboat
casino; and
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WHEREAS, maintaining public confidence in the process to expand gaming in Illinois is
crucial to the public’s support for whatever plan may eventually be signed by the Governor; and
WHEREAS, the public has accepted gaming in Illinois as a means to assist economically
depressed areas of the state return to stability; and
WHEREAS, the introduction of slot machines to race tracks does not serve the
overarching purpose of the Riverboat Gambling Act—to enhance the economically depressed
regions of the State—but rather confers a substantial benefit on a discrete industry; and
WHEREAS, the Illinois cities and regions with riverboat casinos should not be subject to
cannibalization of their markets by race tracks that have been long afforded the privilege of
wagering by the State; and
WHEREAS, local residents and municipalities objecting to slot machines at horse racing
tracks—such as the Village of Arlington Heights—should minimally be granted the power to
disapprove of slot machines at such horse racing tracks within their corporate limits; and
WHEREAS, for the foregoing reasons, the City of Elgin is opposed to any new gaming
legislation authorizing slot machines or other new gaming at horse racing tracks.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF
ELGIN, ILLINOIS:
1. Governor Quinn should veto Senate Bill 744 and request that the General Assembly
introduce new gaming legislation with protections that will require such new gaming licenses
to be issued in depressed economic areas of the State and in markets that are not adequately
being served by an existing riverboat casino.
2. That any new gaming legislation creating additional gaming boats or land-based casinos in
areas other than the city of Chicago in Senate Bill 744 should include protections that will
require such new gaming licenses to be issued in depressed economic areas of the State and
in markets that are not adequately being served by an existing riverboat casino.
3. That any new gaming legislation should not authorize slot machines or other new gaming at
horse racing tracks.
4. That in the event any new gaming legislation authorizes slot machines or other new gaming
at horse racing tracks, such legislation should also grant local residents and municipalities the
power to disapprove the placement of slot machines or other new gaming at any horse racing
tracks located within their communities.
s/ David J. Kaptain
David J. Kaptain, Mayor
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277
Presented: July 13, 2011
Adopted: July 13, 2011
Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
AUTHORIZATION FOR PAYMENTS
Councilmember Powell made a motion, seconded by Councilmember Steffen, to authorize the
following payments. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
PAYEE AMOUNT REASON
Illinois EPA Fiscal Services Section
Springfield, IL
$20,000.00 Annual NPDES Permit Fee for CSO
July1, 2011 through June 30, 2012
Robert Half Technology
Chicago, IL
$38,096.32 Temporary services for Information
Technology Help Desk
CONSENT AGENDA
By unanimous consent, Councilmember Dunne made a motion, seconded by Councilmember
Gilliam, to pass Ordinance Nos. G23-11, G24-11, and T20-11 and adopt Resolution Nos. 11-116
through 11-119 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam,
Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 11-116 ADOPTED APPROVING CHANGE ORDER NO. 1 AND FINAL
FOR THE CONTRACT WITH ROBERT E. HUMMEL CONSTRUCTION COMPANY
FOR 2010 DETENTION BASIN RETROFIT PROJECT AT HOLMES ROAD AND
MCLEAN BOULEVARD
Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
JULY 13, 2011 VOLUME LXXVI
278
Resolution No. 11-116
RESOLUTION
APPROVING CHANGE ORDER NO. 1 AND FINAL FOR THE CONTRACT WITH
ROBERT E. HUMMEL CONSTRUCTION COMPANY
FOR 2010 DETENTION BASIN RETROFIT PROJECT AT HOLMES ROAD
AND MCLEAN BOULEVARD
WHEREAS, the City of Elgin has heretofore entered into a contract with Robert E.
Hummel Construction Company for 2010 Detention Basin Retrofit Project at Holmes Road and
McLean Boulevard; and
WHEREAS, it is necessary and desirable to modify the terms of the contract as is
described in Change Order No. 1 and Final, attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that Sean R, Stegall, City Manager, be and is hereby authorized and
directed to execute Change Order No. 1 and Final, a copy of which is attached hereto and made a
part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: July 13, 2011
Adopted: July 13, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 11-117 ADOPTED AUTHORIZING EXECUTION OF AGREEMENT
WITH MOTOROLA SOLUTIONS, INC. FOR WEATHER WARNING SIREN
SYSTEMS
Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
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279
Resolution No. 11-117
RESOLUTION
AUTHORIZING EXECUTION OF AGREEMENT WITH MOTOROLA SOLUTIONS, INC.
FOR WEATHER WARNING SIREN SYSTEMS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that
an exception to the requirements of the procurement ordinance is necessary and in the best
interest of the city; and
BE IT FURTHER RESOLVED that Sean R. Stegall, City Manager, be and is hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with Motorola
Solutions, Inc. for six weather warning siren systems, a copy of which is attached hereto and
made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: July 13, 2011
Adopted: July 13, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 11-118 ADOPTED RATIFYING THE EXECUTION OF A SUBSCRIBER
AGREEMENT FOR WESTLAW AND CD-ROM LIBRARIES
Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 11-118
RESOLUTION
RATIFYING THE EXECUTION OF A SUBSCRIBER AGREEMENT
FOR WESTLAW AND CD-ROM LIBRARIES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby ratifies and approves the execution of a Subscriber Agreement for Westlaw and
JULY 13, 2011 VOLUME LXXVI
280
CD-ROM Libraries by William A. Cogley, Corporation Counsel, regarding Westlaw’s onli ne
legal research service, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: July 13, 2011
Adopted: July 13, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 11-119 ADOPTED AUTHORIZING EXECUTION OF A SECOND
AMENDMENT TO ANNEXATION AGREEMENT WITH PULTE HOMES
CORPORATION (EDGEWATER)
Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 11-119
RESOLUTION
AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO
ANNEXATION AGREEMENT WITH PULTE HOMES CORPORATION
(Edgewater)
WHEREAS, the Owner of certain property commonly known as the Edgewater
Subdivision at 2700 Bowes Road, Elgin, Illinois has proposed that the annexation agreement
between the Owner and the City of Elgin 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 Second Amendment to Annexation Agreement with Pulte
Homes Corporation 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 David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be
and are hereby authorized and directed to execute, on behalf of the City of Elgin, the Second
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Amendment to Annexation Agreement with Pulte Homes Corporation, a copy of which is
attached hereto.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: July 13, 2011
Adopted: July 13, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE T20-11 PASSED AMENDING THE 2010 BUDGET
Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. T20-11
AN ORDINANCE
AMENDING THE 2010 BUDGET
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That the 2010 budget of the City of Elgin adopted in lieu of an appropriation
ordinance be and is hereby amended in accordance with the schedule which is attached hereto
and made a part hereof by reference.
Section 2. That this ordinance shall be in full force and effect from and after its
passage.
s/ David J. Kaptain
David J. Kaptain, Mayor
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282
Presented: July 13, 2011
Passed: July 13, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: July 13, 2011
Published: July 15, 2011
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G23-11 PASSED AMENDING PSFR2 PLANNED SINGLE FAMILY
RESIDENCE DISTRICT ORDINANCE NO. G40-05 (EDGEWATER SUBDIVISION-
2700 BOWES ROAD)
Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G23-11
AN ORDINANCE AMENDING
PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
ORDINANCE NO. G40-05
(Edgewater Subdivision - 2700 Bowes Road)
WHEREAS, the territory herein described has previously been classified in the PSFR2
Planned Single Family Residence District, pursuant to Ordinance No. G40-05; and
WHEREAS, written application has been made to amend certain provisions within
Ordinance No. G40-05; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted a public hearing concerning said application and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin concurs in the findings and
recommendation 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 May 16, 2011, made by the Planning and Development Commission, a copy of which is
attached hereto and made a part hereof by reference as Exhibit A.
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283
Section 2. That Ordinance No. G40-05 entitled ―An Ordinance Classifying Newly
Annexed Territory in the PSFR2 Planned Single Family Residence District‖, passed March 9,
2005, be and is hereby amended in its entirety and is hereinafter set forth in this ordinance.
Section 3. That the Official Zoning District Map as incorporated into the Elgin
Municipal Code by, Section 19.07.600 of said Code is hereby amended to include in the PSFR2
Planned Single Family Residence District, the following described property:
THE NORTHEAST QUARTER OF SECTION 29, THE EAST HALF OF
THE NORTHWEST QUARTER OF SECTION 29, THE EAST HALF OF THE
SOUTHEAST QUARTER OF SECTION 20 AND THE WESTERLY 260 FEET
OF THE NORTHWEST QUARTER OF SECTION 28 ALL IN TOWNSHIP 41
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT
THEREFROM THE FOLLOWING DESCRIBED PROPERTY TO WIT: THAT
PART OF THE NORTHWEST QUARTER OF SECTION 28 AND THAT
PART OF THE NORTHEAST QUARTER OF SECTION 29 AFORESAID
DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF
THE NORTH RIGHT-OF-WAY LINES OF BOWES ROAD AS DEDICATED
BY DOCUMENT NO. 708600 WITH A LINE THAT IS 260.0 FEET
EASTERLY OF AS MEASURED AT RIGHT ANGLES TO, AND PARALLEL
WITH THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION
28; THENCE NORTHERLY ALONG SAID PARALLEL LINE, 587.00 FEET;
THENCE SOUTH 88 DEGREES 49 MINUTES 00 SECONDS WEST, 375.00
FEET; THENCE SOUTHERLY PARALLEL WITH THE EAST LINE OF SAID
NORTHEAST QUARTER 587.0 FEET TO SAID NORTHERLY RIGHT-OF-
WAY LINE OF BOWES ROAD; THENCE EASTERLY ALONG SAID
NORTHERLY RIGHT-OF-WAY LINE, 375.00 FEET TO THE POINT OF
BEGINNING); (ALSO EXCEPTING THEREFROM EVERYTHING LYING
SOUTHERLY OF A LINE DRAWN 60.00 FEET NORTHERLY OF AND
PARALLEL WITH THE CENTERLINE OF BOWES ROAD), IN KANE
COUNTY, ILLINOIS. TOGETHER WITH THE WEST HALF OF THE
NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE
8 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE EAST 66
FEET, AS MEASURED AT RIGHT ANGLES TO THE EAST LINE THEREOF
AND EXCEPT THE WEST 84 FEET OF THE EAST 150 FEET, AS
MEASURED AT RIGHT ANGLES TO THE EAST LINE THEREOF, OF THE
SOUTH 100 FEET, AS MEASURED AT RIGHT ANGLES TO THE SOUTH
LINE THEREOF); (ALSO EXCEPTING THEREFROM EVERYTHING LYING
SOUTHERLY OF A LINE DRAWN 60.00 FEET NORTHERLY OF AND
PARALLEL WITH THE CENTERLINE OF BOWES ROAD), IN ELGIN
TOWNSHIP, KANE COUNTY, ILLINOIS.
EXCEPTING THEREFROM THE FOLLOWING 6 PARCELS
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284
PARCEL 1:
THAT PART OF THE WEST HALF OF THE NORTHWEST
QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE
NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 88
DEGREES 34 MINUTES 54 SECONDS EAST, 1,256.06 FEET ALONG THE
NORTH LINE OF SAID NORTHWEST QUARTER TO A POINT ON A LINE
66.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE
WEST HALF OF SAID NORTHWEST QUARTER; THENCE SOUTH 00
DEGREES 55 MINUTES 45 SECONDS EAST, 23.00 FEET ALONG SAID
PARALLEL LINE; THENCE SOUTH 88 DEGREES 34 MINUTES 54
SECONDS WEST, 325.55 FEET; THENCE SOUTH 82 DEGREES 12
MINUTES 42 SECONDS WEST, 105.00 FEET; THENCE SOUTH 62
DEGREES 57 MINUTES 12 SECONDS WEST, 105.73 FEET; THENCE
SOUTH 47 DEGREES 45 MINUTES 51 SECONDS WEST, 105.73 FEET;
THENCE SOUTH 33 DEGREES 12 MINUTES 56 SECONDS WEST, 105.90
FEET; THENCE SOUTH 12 DEGREES 41 MINUTES 24 SECONDS WEST,
793.85 FEET; THENCE SOUTH 00 DEGREES 27 MINUTES 37 SECONDS
WEST, 85.73 FEET; THENCE SOUTH 03 DEGREES 10 MINUTES 16
SECONDS EAST, 215.52 FEET; THENCE SOUTH 01 DEGREES 04
MINUTES 36 SECONDS EAST, 125.00 FEET; THENCE SOUTH 88
DEGREES 55 MINUTES 24 SECONDS WEST, 5.50 FEET; THENCE SOUTH
01 DEGREES 04 MINUTES 36 SECONDS EAST, 898.73 FEET; THENCE
SOUTH 34 DEGREES 40 MINUTES 58 SECONDS EAST, 83.63 FEET;
THENCE SOUTH 50 DEGREES 27 MINUTES 54 SECONDS EAST, 109.62
FEET; THENCE SOUTH 73 DEGREES 02 MINUTES 17 SECONDS EAST,
81.60 FEET; THENCE NORTH 88 DEGREES 55 MINUTES 24 SECONDS
EAST, 639.51 FEET TO A POINT ON A LINE 66.00 FEET WEST OF AND
PARALLEL WITH THE EAST LINE OF THE WEST HALF OF SAID
NORTHWEST QUARTER; THENCE SOUTH 00 DEGREES 55 MINUTES 45
SECONDS EAST, 40.77 FEET ALONG SAID PARALLEL LINE TO A POINT
ON A LINE 100.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH
LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 88 DEGREES
54 MINUTES 05 SECONDS WEST, 84.00 FEET ALONG SAID PARALLEL
LINE TO A POINT ON A LINE 150.00 FEET WEST OF AND PARALLEL
WITH THE EAST LINE OF THE WEST HALF OF SAID NORTHWEST
QUARTER; THENCE SOUTH 00 DEGREES 55 MINUTES 45 SECONDS
EAST, 45.96 FEET ALONG SAID PARALLEL LINE TO A POINT ON A
LINE 60.00 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE
OF BOWES ROAD; THENCE SOUTH 88 DEGREES 49 MINUTES 00
SECONDS WEST, 90.54 FEET ALONG SAID PARALLEL LINE TO A POINT
OF CURVATURE; THENCE WESTERLY 959.16 FEET ALONG THE ARC
OF A CURVE 60.00 FEET NORTH OF AND CONCENTRIC WITH SAID
VOLUME LXXVI JULY 13, 2011
285
CENTERLINE, TANGENT TO THE LAST DESCRIBED COURSE,
CONCAVE NORTHERLY, HAVING A RADIUS OF 68,694.90 FEET, A
CHORD BEARING SOUTH 89 DEGREES 13 MINUTES 00 SECONDS
WEST, AND A CHORD DISTANCE OF 959.15 FEET; THENCE SOUTH 89
DEGREES 37 MINUTES 00 SECONDS WEST, 115.70 FEET ALONG A LINE
60.00 FEET NORTH OF AND PARALLEL WITH SAID CENTERLINE TO A
POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF
SECTION 29; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS
WEST, 474.46 FEET ALONG SAID WEST LINE; THENCE NORTH 88
DEGREES 55 MINUTES 24 SECONDS EAST, 126.82 FEET TO A POINT OF
CURVATURE; THENCE EASTERLY 77.65 FEET ALONG THE ARC OF A
CURVE TANGENT TO THE LAST DESCRIBED COURSE, CONCAVE
SOUTHERLY, HAVING A RADIUS OF 230.00 FEET, A CHORD BEARING
SOUTH 81 DEGREES 24 MINUTES 19 SECONDS EAST, AND A CHORD
DISTANCE OF 77.28 FEET; THENCE NORTH 01 DEGREES 04 MINUTES 36
SECONDS WEST, 1097.98 FEET ALONG A LINE 203.00 FEET EAST OF
AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST
QUARTER OF SECTION 29; THENCE NORTH 09 DEGREES 22 MINUTES
59 SECONDS EAST, 165.25 FEET; THENCE NORTH 01 DEGREES 04
MINUTES 36 SECONDS WEST, 252.50 FEET; THENCE SOUTH 88
DEGREES 55 MINUTES 24 SECONDS WEST, 200.00 FEET; THENCE
NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 218.11 FEET
ALONG A LINE 33.00 FEET EAST OF AND PARALLEL WITH THE WEST
LINE OF THE NORTHWEST QUARTER OF SECTION 29; THENCE NORTH
51 DEGREES 34 MINUTES 40 SECONDS WEST, 42.77 FEET TO A POINT
ON THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH
01 DEGREES 04 MINUTES 36 SECONDS WEST, 356.06 FEET ALONG SAID
WEST LINE TO THE POINT OF BEGINNING, IN KANE COUNTY,
ILLINOIS.
PARCEL 2:
THAT PART OF THE WEST HALF OF THE NORTHWEST
QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE
NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 88
DEGREES 34 MINUTES 54 SECONDS EAST, 1,256.06 FEET ALONG THE
NORTH LINE OF SAID NORTHWEST QUARTER TO A POINT ON A LINE
66.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE
WEST HALF OF SAID NORTHWEST QUARTER; THENCE SOUTH 00
DEGREES 55 MINUTES 45 SECONDS EAST, 592.13 FEET ALONG SAID
PARALLEL LINE TO THE POINT OF BEGINNING; THENCE CONTINUING
ALONG SAID PARALLEL LINE SOUTH 00 DEGREES 55 MINUTES 45
SECONDS EAST, 447.58 FEET; THENCE NORTH 54 DEGREES 34
JULY 13, 2011 VOLUME LXXVI
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MINUTES 42 SECONDS WEST, 620.09 FEET; THENCE NORTH 77
DEGREES 18 MINUTES 36 SECONDS WEST, 98.77 FEET; THENCE
NORTH 12 DEGREES 41 MINUTES 24 SECONDS EAST, 73.62 FEET;
THENCE SOUTH 77 DEGREES 18 MINUTES 36 SECONDS EAST, 106.08
FEET; THENCE SOUTH 44 DEGREES 16 MINUTES 56 SECONDS EAST,
47.62 FEET; THENCE SOUTH 38 DEGREES 30 MINUTES 56 SECONDS
EAST, 66.58 FEET; THENCE SOUTH 54 DEGREES 27 MINUTES 39
SECONDS EAST, 66.58 FEET; THENCE SOUTH 70 DEGREES 24 MINUTES
23 SECONDS EAST, 66.58 FEET; THENCE SOUTH 86 DEGREES 21
MINUTES 06 SECONDS EAST, 66.58 FEET; THENCE NORTH 76 DEGREES
52 MINUTES 49 SECONDS EAST, 98.11 FEET; THENCE NORTH 46
DEGREES 25 MINUTES 05 SECONDS EAST, 134.61 FEET; THENCE
NORTH 23 DEGREES 31 MINUTES 59 SECONDS EAST, 59.20 FEET TO
THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS.
PARCEL 3:
THAT PART OF THE EAST HALF OF THE NORTHWEST QUARTER
OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE
NORTHWEST QUARTER OF SAID SECTION 29; THENCE NORTH 88
DEGREES 34 MINUTES 54 SECONDS EAST, 1,322.06 FEET ALONG THE
NORTH LINE OF SAID NORTHWEST QUARTER TO THE NORTHWEST
CORNER OF THE EAST HALF OF SAID NORTHWEST QUARTER;
THENCE SOUTH 00 DEGREES 55 MINUTES 45 SECONDS EAST, 868.25
FEET ALONG THE WEST LINE OF SAID EAST HALF TO THE POINT OF
BEGINNING; THENCE SOUTH 60 DEGREES 30 MINUTES 27 SECONDS
EAST, 114.36 FEET; THENCE SOUTH 62 DEGREES 45 MINUTES 22
SECONDS EAST, 102.63 FEET; THENCE NORTH 88 DEGREES 55
MINUTES 24 SECONDS EAST, 439.07 FEET; THENCE NORTH 61
DEGREES 39 MINUTES 47 SECONDS EAST, 102.43 FEET; THENCE
NORTH 39 DEGREES 18 MINUTES 38 SECONDS EAST, 100.97 FEET;
THENCE NORTH 29 DEGREES 29 MINUTES 50 SECONDS EAST, 65.04
FEET; THENCE SOUTH 60 DEGREES 30 MINUTES 10 SECONDS EAST,
93.00 FEET; THENCE NORTH 29 DEGREES 29 MINUTES 50 SECONDS
EAST, 112.00 FEET; THENCE SOUTH 60 DEGREES 30 MINUTES 10
SECONDS EAST, 25.97 FEET; THENCE SOUTH 23 DEGREES 56 MINUTES
15 SECONDS WEST, 212.21 FEET; THENCE SOUTH 33 DEGREES 51
MINUTES 38 SECONDS WEST, 44.07 FEET; THENCE SOUTH 56 DEGREES
46 MINUTES 37 SECONDS WEST, 43.58 FEET; THENCE SOUTH 79
DEGREES 40 MINUTES 52 SECONDS WEST, 44.31 FEET; THENCE SOUTH
88 DEGREES 55 MINUTES 24 SECONDS WEST, 453.75 FEET; THENCE
SOUTH 79 DEGREES 09 MINUTES 06 SECONDS WEST, 59.66 FEET;
THENCE SOUTH 66 DEGREES 22 MINUTES 53 SECONDS WEST, 59.83
VOLUME LXXVI JULY 13, 2011
287
FEET; THENCE SOUTH 57 DEGREES 48 MINUTES 11 SECONDS WEST,
59.83 FEET; THENCE SOUTH 49 DEGREES 13 MINUTES 29 SECONDS
WEST, 59.83 FEET; THENCE SOUTH 40 DEGREES 01 MINUTES 47
SECONDS WEST, 68.42 FEET; THENCE SOUTH 30 DEGREES 13 MINUTES
05 SECONDS WEST, 68.42 FEET; THENCE SOUTH 30 DEGREES 20
MINUTES 00 SECONDS WEST, 70.51 FEET TO A POINT ON THE WEST
LINE OF SAID EAST HALF OF THE NORTHWEST QUARTER; THENCE
NORTH 00 DEGREES 55 MINUTES 45 SECONDS WEST, 422.24 FEET
ALONG SAID WEST LINE TO THE POINT OF BEGINNING, IN KANE
COUNTY, ILLINOIS.
PARCEL 4:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 28,
THE SOUTHEAST QUARTER OF SECTION 20, AND THE EAST HALF OF
THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF
SECTION 29, ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE
NORTHWEST QUARTER OF SECTION 29; THENCE NORTH 88 DEGREES
34 MINUTES 54 SECONDS EAST, 1,322.06 FEET ALONG THE NORTH
LINE OF SAID NORTHWEST QUARTER TO THE NORTHWEST CORNER
OF THE EAST HALF OF SAID NORTHWEST QUARTER, SAID POINT
BEING THE POINT OF BEGINNING; THENCE CONTINUIN G NORTH 88
DEGREES 34 MINUTES 54 SECONDS EAST ALONG SAID LINE, 1,322.06
FEET ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF
SAID NORTHWEST QUARTER; THENCE NORTH 88 DEGREES 19
MINUTES 55 SECONDS EAST, 848.13 FEET ALONG THE NORTH LINE OF
THE NORTHEAST QUARTER OF SECTION 29; THENCE SOUTH 01
DEGREES 31 MINUTES 42 SECONDS EAST, 27.68 FEET; THENCE SOUTH
89 DEGREES 49 MINUTES 47 SECONDS WEST, 40.28 FEET; THENCE
SOUTH 63 DEGREES 47 MINUTES 05 SECONDS WEST, 99.52 FEET;
THENCE SOUTH 53 DEGREES 04 MINUTES 48 SECONDS WEST, 56.58
FEET; THENCE SOUTH 42 DEGREES 46 MINUTES 31 SECONDS WEST,
56.58 FEET; THENCE SOUTH 32 DEGREES 28 MINUTES 13 SECONDS
WEST, 56.58 FEET; THENCE SOUTH 22 DEGREES 09 MINUTES 56
SECONDS WEST, 85.68 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES
13 SECONDS EAST, 293.87 FEET; THENCE SOUTH 19 DEGREES 32
MINUTES 20 SECONDS EAST, 287.41 FEET; THENCE NORTH 65
DEGREES 58 MINUTES 12 SECONDS EAST, 118.85 FEET TO A POINT OF
CURVATURE; THENCE EASTERLY, 91.62 FEET, ALONG THE ARC OF A
CURVE TANGENT TO THE LAST DESCRIBED COURSE, CONCAVE
SOUTHERLY, HAVING A RADIUS OF 220.00 FEET, A CHORD BEARING
NORTH 77 DEGREES 53 MINUTES 59 SECONDS EAST, AND A CHORD
DISTANCE OF 90.95 FEET; THENCE NORTH 89 DEGREES 49 MINUTES 47
JULY 13, 2011 VOLUME LXXVI
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SECONDS EAST, 334.47 FEET TO A POINT OF CURVATURE; THENCE
EASTERLY, 154.86 FEET, ALONG THE ARC OF A CURVE TANGENT TO
THE LAST DESCRIBED COURSE, CONCAVE SOUTHERLY, HAVING A
RADIUS OF 220.00 FEET, A CHORD BEARING SOUTH 70 DEGREES 00
MINUTES 18 SECONDS EAST, AND A CHORD DISTANCE OF 151.68
FEET; THENCE SOUTH 40 DEGREES 37 MINUTES 25 SECONDS WEST,
210.65 FEET; THENCE SOUTH 28 DEGREES 34 MINUTES 11 SECONDS
WEST, 71.38 FEET; THENCE SOUTH 19 DEGREES 00 MINUTES 58
SECONDS WEST, 59.08 FEET; THENCE SOUTH 08 DEGREES 32 MINUTES
38 SECONDS WEST, 85.09 FEET; THENCE SOUTH 03 DEGREES 43
MINUTES 37 SECONDS EAST, 83.79 FEET; THENCE SOUTH 16 DEGREES
52 MINUTES 52 SECONDS EAST, 110.65 FEET TO A POINT ON A NON-
TANGENT CURVE; THENCE WESTERLY 23.65 FEET ALONG THE ARC
OF SAID NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A
RADIUS OF 580.00 FEET, A CHORD BEARING SOUTH 87 DEGREES 56
MINUTES 59 SECONDS WEST, AND A CHORD DISTANCE OF 23.65
FEET; THENCE SOUTH 89 DEGREES 07 MINUTES 05 SECONDS WEST,
42.52 FEET; THENCE SOUTH 00 DEGREES 52 MINUTES 55 SECONDS
EAST, 162.00 FEET TO A POINT HEREINAFTER DESCRIBED AS POINT A;
THENCE NORTH 89 DEGREES 07 MINUTES 05 SECONDS EAST, 66.56
FEET; THENCE NORTH 86 DEGREES 24 MINUTES 36 SECONDS EAST,
74.32 FEET; THENCE NORTH 78 DEGREES 40 MINUTES 29 SECONDS
EAST, 74.41 FEET; THENCE NORTH 72 DEGREES 57 MINUTES 00
SECONDS EAST, 74.41 FEET; THENCE NORTH 67 DEGREES 50 MINUTES
28 SECONDS EAST, 58.41 FEET; THENCE NORTH 63 DEGREES 20
MINUTES 52 SECONDS EAST, 58.41 FEET; THENCE NORTH 58 DEGREES
51 MINUTES 17 SECONDS EAST, 58.41 FEET; THENCE NORTH 54
DEGREES 21 MINUTES 41 SECONDS EAST, 58.41 FEET; THENCE NORTH
49 DEGREES 15 MINUTES 09 SECONDS EAST, 74.41 FEET; THENCE
NORTH 43 DEGREES 30 MINUTES 24 SECONDS EAST, 74.95 FEET;
THENCE NORTH 40 DEGREES 37 MINUTES 25 SECONDS EAST, 64.53
FEET; THENCE NORTH 38 DEGREES 47 MINUTES 44 SECONDS EAST,
94.04 FEET; THENCE NORTH 40 DEGREES 37 MINUTES 25 SECONDS
EAST, 207.75 FEET; THENCE NORTH 33 DEGREES 30 MINUTES 53
SECONDS EAST, 72.22 FEET; THENCE NORTH 29 DEGREES 19 MINUTES
02 SECONDS EAST, 72.21 FEET; THENCE NORTH 24 DEGREES 56
MINUTES 16 SECONDS EAST, 72.21 FEET; THENCE NORTH 20 DEGREES
33 MINUTES 31 SECONDS EAST, 72.21 FEET; THENCE NORTH 16
DEGREES 10 MINUTES 45 SECONDS EAST, 72.21 FEET; THENCE NORTH
11 DEGREES 48 MINUTES 00 SECONDS EAST, 72.21 FEET; THENCE
NORTH 10 DEGREES 28 MINUTES 49 SECONDS EAST, 72.46 FEET;
THENCE NORTH 01 DEGREES 40 MINUTES 05 SECONDS WEST, 248.01
FEET; THENCE NORTH 88 DEGREES 19 MINUTES 55 SECONDS EAST,
312.37 FEET; THENCE NORTH 69 DEGREES 59 MINUTES 11 SECONDS
EAST, 77.38 FEET; THENCE NORTH 54 DEGREES 23 MINUTES 35
SECONDS EAST, 52.81 FEET; THENCE NORTH 41 DEGREES 45 MINUTES
VOLUME LXXVI JULY 13, 2011
289
35 SECONDS EAST, 52.81 FEET; THENCE NORTH 29 DEGREES 07
MINUTES 35 SECONDS EAST, 52.81 FEET; THENCE NORTH 17 DEGREES
26 MINUTES 50 SECONDS EAST, 52.92 FEET; THENCE NORTH 00
DEGREES 07 MINUTES 49 SECONDS WEST, 134.49 FEET TO A POINT ON
A LINE 23.00' WEST OF AND PARALLEL WITH THE EAST LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 20; THENCE CONTINUING
ALONG SAID PARALLEL LINE, 384.62 FEET; THENCE NORTH 89
DEGREES 52 MINUTES 05 SECONDS EAST, 23.00 FEET TO THE EAST
LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 20; THENCE
SOUTH 00 DEGREES 07 MINUTES 49 SECONDS EAST, 384.00 FEET
ALONG SAID EAST LINE TO THE NORTH LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 28; THENCE NORTH 89 DEGREES 22
MINUTES 41 SECONDS EAST, 260.00 FEET ALONG SAID NORTH LINE
TO A POINT ON A LINE 260.00 FEET EAST OF AND PARALLEL WITH
THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 28;
THENCE SOUTH 00 DEGREES 55 MINUTES 03 SECONDS EAST, 2,054.87
FEET ALONG SAID PARALLEL LINE; THENCE SOUTH 88 DEGREES 49
MINUTES 00 SECONDS WEST, 375.00 FEET; THENCE SOUTH 00
DEGREES 55 MINUTES 03 SECONDS EAST, 560.00 FEET TO A POINT ON
A LINE 60.00 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE
OF BOWES ROAD; THENCE SOUTH 88 DEGREES 49 MINUTES 00
SECONDS WEST ALONG SAID PARALLEL LINE, 3,854.19 FEET ALONG
SAID PARALLEL LINE TO A POINT ON THE WEST LINE OF THE EAST
HALF OF THE NORTHWEST QUARTER OF SAID SECTION 29; THENCE
NORTH 00 DEGREES 55 MINUTES 45 SECONDS WEST, 86.48 FEET
ALONG SAID WEST LINE; THENCE NORTH 88 DEGREES 55 MINUTES 24
SECONDS EAST, 841.07 FEET; THENCE NORTH 64 DEGREES 53
MINUTES 41 SECONDS EAST, 88.07 FEET; THENCE NORTH 42 DEGREES
17 MINUTES 28 SECONDS EAST, 78.45 FEET; THENCE NORTH 22
DEGREES 39 MINUTES 09 SECONDS EAST, 78.45 FEET; THENCE NORTH
04 DEGREES 33 MINUTES 00 SECONDS EAST, 68.79 FEET; THENCE
NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 188.99 FEET;
THENCE NORTH 31 DEGREES 26 MINUTES 23 SECONDS WEST, 93.19
FEET; THENCE NORTH 49 DEGREES 47 MINUTES 33 SECONDS WEST,
80.15 FEET; THENCE NORTH 65 DEGREES 53 MINUTES 04 SECONDS
WEST, 81.18 FEET; THENCE NORTH 60 DEGREES 12 MINUTES 07
SECONDS EAST, 80.84 FEET; THENCE NORTH 47 DEGREES 37 MINUTES
29 SECONDS EAST, 78.45 FEET; THENCE NORTH 27 DEGREES 59
MINUTES 10 SECONDS EAST, 78.45 FEET; THENCE NORTH 08 DEGREES
25 MINUTES 59 SECONDS EAST, 77.78 FEET; THENCE NORTH 01
DEGREES 04 MINUTES 36 SECONDS WEST, 185.90 FEET; THENCE
NORTH 30 DEGREES 21 MINUTES 49 SECONDS WEST, 90.13 FEET;
THENCE NORTH 22 DEGREES 45 MINUTES 15 SECONDS WEST, 107.16
FEET; THENCE NORTH 43 DEGREES 02 MINUTES 15 SECONDS EAST,
75.67 FEET; THENCE NORTH 55 DEGREES 18 MINUTES 35 SECONDS
EAST, 67.76 FEET; THENCE NORTH 46 DEGREES 09 MINUTES 43
JULY 13, 2011 VOLUME LXXVI
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SECONDS EAST, 59.83 FEET; THENCE NORTH 33 DEGREES 02 MINUTES
22 SECONDS EAST, 59.66 FEET; THENCE NORTH 23 DEGREES 56
MINUTES 15 SECONDS EAST, 298.71 FEET; THENCE NORTH 52
DEGREES 21 MINUTES 56 SECONDS WEST, 106.78 FEET; THENCE
NORTH 70 DEGREES 46 MINUTES 12 SECONDS WEST, 62.50 FEET;
THENCE NORTH 60 DEGREES 30 MINUTES 10 SECONDS WEST, 203.90
FEET; THENCE NORTH 29 DEGREES 29 MINUTES 50 SECONDS EAST,
79.87 FEET; THENCE SOUTH 60 DEGREES 30 MINUTES 10 SECONDS
EAST, 112.00 FEET; THENCE NORTH 29 DEGREES 29 MINUTES 50
SECONDS EAST, 169.98 FEET; THENCE NORTH 01 DEGREES 25
MINUTES 06 SECONDS WEST, 390.44 FEET; THENCE NORTH 42
DEGREES 23 MINUTES 21 SECONDS WEST, 85.43 FEET; THENCE
NORTH 63 DEGREES 18 MINUTES 38 SECONDS WEST, 61.73 FEET;
THENCE SOUTH 88 DEGREES 34 MINUTES 54 SECONDS WEST, 194.80
FEET; THENCE SOUTH 34 DEGREES 43 MINUTES 29 SECONDS WEST,
125.25 FEET; THENCE SOUTH 06 DEGREES 39 MINUTES 09 SECONDS
WEST, 84.89 FEET; THENCE SOUTH 21 DEGREES 25 MINUTES 12
SECONDS EAST, 84.89 FEET; THENCE SOUTH 49 DEGREES 29 MINUTES
33 SECONDS EAST, 107.82 FEET; THENCE SOUTH 01 DEGREES 25
MINUTES 06 SECONDS EAST, 70.91 FEET; THENCE SOUTH 29 DEGREES
29 MINUTES 50 SECONDS WEST, 80.00 FEET; THENCE SOUTH 60
DEGREES 30 MINUTES 10 SECONDS EAST, 118.86 FEET; THENCE
SOUTH 29 DEGREES 29 MINUTES 50 SECONDS WEST, 90.37 FEET;
THENCE NORTH 60 DEGREES 30 MINUTES 10 SECONDS WEST, 164.38
FEET; THENCE NORTH 29 DEGREES 29 MINUTES 50 SECONDS EAST,
112.00 FEET; THENCE NORTH 60 DEGREES 30 MINUTES 10 SECONDS
WEST, 799.04 FEET; THENCE NORTH 75 DEGREES 43 MINUTES 41
SECONDS WEST, 107.22 FEET TO A POINT ON THE WEST LINE OF THE
EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 29;
THENCE NORTH 00 DEGREES 55 MINUTES 45 SECONDS WEST, 28.08
FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING, IN
KANE COUNTY, ILLINOIS.
EXCEPTING FROM EXCEPTION PARCEL 4 THE FOLLOWING
DESCRIBED PROPERTY
COMMENCING AT AFORESAID POINT A; THENCE SOUTH 20
DEGREES 49 MINUTES 19 SECONDS EAST, 96.41 FEET TO THE POINT
OF BEGINNING; THENCE NORTH 83 DEGREES 29 MINUTES 28
SECONDS EAST, 53.90 FEET; THENCE NORTH 80 DEGREES 38 MINUTES
04 SECONDS EAST, 44.10 FEET; THENCE NORTH 78 DEGREES 03
MINUTES 49 SECONDS EAST, 44.10 FEET; THENCE NORTH 75 DEGREES
29 MINUTES 34 SECONDS EAST, 44.10 FEET; THENCE NORTH 72
DEGREES 55 MINUTES 19 SECONDS EAST, 44.10 FEET; THENCE NORTH
70 DEGREES 10 MINUTES 47 SECONDS EAST, 49.98 FEET; THENCE
NORTH 67 DEGREES 15 MINUTES 58 SECONDS EAST, 49.98 FEET;
VOLUME LXXVI JULY 13, 2011
291
THENCE NORTH 64 DEGREES 21 MINUTES 09 SECONDS EAST, 49.98
FEET; THENCE NORTH 61 DEGREES 26 MINUTES 20 SECONDS EAST,
49.98 FEET; THENCE NORTH 58 DEGREES 31 MINUTES 31 SECONDS
EAST, 49.98 FEET; THENCE NORTH 54 DEGREES 33 MINUTES 48
SECONDS EAST, 48.87 FEET; THENCE NORTH 47 DEGREES 36 MINUTES
27 SECONDS EAST, 42.65 FEET; THENCE NORTH 41 DEGREES 34
MINUTES 13 SECONDS EAST, 43.74 FEET; THENCE NORTH 40 DEGREES
37 MINUTES 25 SECONDS EAST, 195.00 FEET; THENCE NORTH 40
DEGREES 37 MINUTES 15 SECONDS EAST, 50.00 FEET; THENCE NORTH
38 DEGREES 43 MINUTES 54 SECONDS EAST, 61.00 FEET; THENCE
NORTH 35 DEGREES 03 MINUTES 08 SECONDS EAST, 49.82 FEET;
THENCE NORTH 31 DEGREES 44 MINUTES 38 SECONDS EAST, 49.82
FEET; THENCE NORTH 26 DEGREES 31 MINUTES 58 SECONDS EAST,
274.79 FEET; THENCE NORTH 27 DEGREES 36 MINUTES 29 SECONDS
EAST, 50.92 FEET; THENCE NORTH 31 DEGREES 33 MINUTES 15
SECONDS EAST, 51.39 FEET; THENCE NORTH 35 DEGREES 32 MINUTES
59 SECONDS EAST, 51.39 FEET; THENCE NORTH 39 DEGREES 32
MINUTES 44 SECONDS EAST, 51.39 FEET; THENCE NORTH 42 DEGREES
37 MINUTES 15 SECONDS EAST, 27.72 FEET; THENCE NORTH 45
DEGREES 40 MINUTES 23 SECONDS EAST, 50.79 FEET; THENCE NORTH
49 DEGREES 37 MINUTES 19 SECONDS EAST, 50.79 FEET; THENCE
NORTH 53 DEGREES 34 MINUTES 16 SECONDS EAST, 50.79 FEET;
THENCE NORTH 57 DEGREES 31 MINUTES 13 SECONDS EAST, 50.79
FEET; THENCE NORTH 61 DEGREES 28 MINUTES 10 SECONDS EAST,
50.79 FEET; THENCE NORTH 65 DEGREES 25 MINUTES 07 SECONDS
EAST, 50.79 FEET; THENCE NORTH 69 DEGREES 22 MINUTES 03
SECONDS EAST, 50.79 FEET; THENCE NORTH 73 DEGREES 19 MINUTES
00 SECONDS EAST, 50.79 FEET; THENCE NORTH 14 DEGREES 42
MINUTES 31 SECONDS WEST, 12.21 FEET; THENCE NORTH 00
DEGREES 26 MINUTES 53 SECONDS WEST, 96.07 FEET; THENCE
NORTH 14 DEGREES 41 MINUTES 40 SECONDS EAST, 84.20 FEET;
THENCE NORTH 45 DEGREES 43 MINUTES 14 SECONDS EAST, 70.50
FEET; THENCE NORTH 77 DEGREES 31 MINUTES 50 SECONDS EAST,
127.53 FEET; THENCE SOUTH 69 DEGREES 23 MINUTES 11 SECONDS
EAST, 71.06 FEET; THENCE SOUTH 45 DEGREES 57 MINUTES 28
SECONDS EAST, 71.06 FEET; THENCE SOUTH 26 DEGREES 16 MINUTES
34 SECONDS EAST, 48.51 FEET; THENCE SOUTH 00 DEGREES 55
MINUTES 03 SECONDS EAST, 1154.66 FEET; THENCE SOUTH 08
DEGREES 35 MINUTES 28 SECONDS WEST, 77.67 FEET; THENCE SOUTH
15 DEGREES 18 MINUTES 16 SECONDS WEST, 77.54 FEET; THENCE
SOUTH 22 DEGREES 21 MINUTES 57 SECONDS WEST, 60.89 FEET;
THENCE SOUTH 28 DEGREES 34 MINUTES 37 SECONDS WEST, 60.89
FEET; THENCE SOUTH 34 DEGREES 47 MINUTES 17 SECONDS WEST,
60.89 FEET; THENCE SOUTH 40 DEGREES 59 MINUTES 57 SECONDS
WEST, 60.89 FEET; THENCE SOUTH 47 DEGREES 12 MINUTES 37
SECONDS WEST, 60.89 FEET; THENCE SOUTH 53 DEGREES 25 MINUTES
JULY 13, 2011 VOLUME LXXVI
292
17 SECONDS WEST, 60.89 FEET; THENCE SOUTH 59 DEGREES 37
MINUTES 57 SECONDS WEST, 60.89 FEET; THENCE SOUTH 65 DEGREES
50 MINUTES 37 SECONDS WEST, 60.89 FEET; THENCE SOUTH 72
DEGREES 03 MINUTES 17 SECONDS WEST, 60.89 FEET; THENCE SOUTH
78 DEGREES 43 MINUTES 12 SECONDS WEST, 111.04 FEET TO A POINT
ON A NON-TANGENT CURVE; THENCE SOUTHERLY 62.05 FEET
ALONG THE ARC OF A CURVE CONCAVE WESTERLY HAVING A
RADIUS OF 510.00 FEET, A CHORD BEARING SOUTH 12 DEGREES 55
MINUTES 48 SECONDS WEST AND A CHORD DISTANCE OF 62.01 FEET;
THENCE SOUTH 73 DEGREES 35 MINUTES 04 SECONDS EAST, 112.00
FEET; THENCE SOUTH 18 DEGREES 50 MINUTES 23 SECONDS WEST,
120.23 FEET; THENCE SOUTH 58 DEGREES 07 MINUTES 00 SECONDS
EAST, 91.96 FEET; THENCE SOUTH 22 DEGREES 42 MINUTES 52
SECONDS EAST, 119.51 FEET; THENCE SOUTH 16 DEGREES 30
MINUTES 56 SECONDS WEST, 119.51 FEET; THENCE SOUTH 45
DEGREES 52 MINUTES 07 SECONDS WEST, 60.22 FEET; THENCE SOUTH
75 DEGREES 13 MINUTES 19 SECONDS WEST, 119.51 FEET; THENCE
NORTH 65 DEGREES 32 MINUTES 53 SECONDS WEST, 119.51 FEET;
THENCE NORTH 33 DEGREES 31 MINUTES 03 SECONDS WEST, 70.13
FEET; THENCE SOUTH 65 DEGREES 58 MINUTES 34 SECONDS WEST,
60.45 FEET; THENCE SOUTH 65 DEGREES 19 MINUTES 09 SECONDS
WEST, 59.78 FEET; THENCE SOUTH 70 DEGREES 49 MINUTES 42
SECONDS WEST, 59.78 FEET; THENCE SOUTH 76 DEGREES 20 MINUTES
15 SECONDS WEST, 59.78 FEET; THENCE SOUTH 81 DEGREES 50
MINUTES 47 SECONDS WEST, 59.78 FEET; THENCE SOUTH 87 DEGREES
07 MINUTES 57 SECONDS WEST, 57.26 FEET; THENCE SOUTH 88
DEGREES 49 MINUTES 00 SECONDS WEST, 936.83 FEET; THENCE
NORTH 78 DEGREES 27 MINUTES 36 SECONDS WEST, 85.72 FEET;
THENCE NORTH 69 DEGREES 03 MINUTES 51 SECONDS WEST, 49.14
FEET; THENCE NORTH 60 DEGREES 04 MINUTES 25 SECONDS WEST,
67.48 FEET; THENCE NORTH 49 DEGREES 39 MINUTES 59 SECONDS
WEST, 67.48 FEET; THENCE NORTH 39 DEGREES 15 MINUTES 32
SECONDS WEST, 67.48 FEET; THENCE NORTH 28 DEGREES 51
MINUTES 06 SECONDS WEST, 67.48 FEET; THENCE NORTH 18
DEGREES 26 MINUTES 40 SECONDS WEST, 67.48 FEET; THENCE
NORTH 08 DEGREES 10 MINUTES 03 SECONDS WEST, 67.49 FEET;
THENCE NORTH 01 DEGREES 11 MINUTES 00 SECONDS WEST, 309.65
FEET; THENCE NORTH 07 DEGREES 18 MINUTES 38 SECONDS WEST,
42.88 FEET; THENCE NORTH 27 DEGREES 39 MINUTES 48 SECONDS
WEST, 42.88 FEET; THENCE NORTH 51 DEGREES 52 MINUTES 03
SECONDS EAST, 112.00 FEET; THENCE NORTH 28 DEGREES 50
MINUTES 04 SECONDS EAST, 53.52 FEET; THENCE NORTH 76 DEGREES
52 MINUTES 06 SECONDS EAST, 104.74 FEET; THENCE NORTH 82
DEGREES 25 MINUTES 28 SECONDS EAST, 70.29 FEET; THENCE SOUTH
89 DEGREES 14 MINUTES 09 SECONDS EAST, 203.22 FEET; THENCE
NORTH 89 DEGREES 35 MINUTES 45 SECONDS EAST, 48.11 FEET;
VOLUME LXXVI JULY 13, 2011
293
THENCE NORTH 86 DEGREES 38 MINUTES 00 SECONDS EAST, 53.90
FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS.
PARCEL 5:
THAT PART OF THE EAST HALF OF THE SOUTHEAST QUARTER
OF SECTION 20, AND PART OF THE EAST HALF OF THE NORTHEAST
QUARTER OF SECTION 29, ALL IN TOWNSHIP 41 NORTH, RANGE 8,
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE EAST
HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 20; THENCE
SOUTH 88 DEGREES 49 MINUTES 24 SECONDS WEST, 60.01 FEET
ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER TO THE
POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 07 MINUTES 49
SECONDS EAST, 521.54 FEET; THENCE SOUTH 89 DEGREES 52
MINUTES 11 SECONDS WEST, 25.00 FEET; THENCE NORTH 00
DEGREES 07 MINUTES 49 SECONDS WEST, 112.00 FEET; THENCE
SOUTH 89 DEGREES 52 MINUTES 11 SECONDS WEST, 420.16 FEET;
THENCE SOUTH 54 DEGREES 25 MINUTES 18 SECONDS EAST, 147.97
FEET; THENCE SOUTH 32 DEGREES 02 MINUTES 52 SECONDS WEST,
55.18 FEET; THENCE SOUTH 03 DEGREES 27 MINUTES 02 SECONDS
WEST, 158.72 FEET; THENCE SOUTH 03 DEGREES 56 MINUTES 23
SECONDS EAST, 168.10 FEET; THENCE SOUTH 38 DEGREES 03
MINUTES 58 SECONDS EAST, 63.59 FEET; THENCE NORTH 51 DEGREES
56 MINUTES 02 SECONDS EAST, 115.00 FEET; THENCE
SOUTHEASTERLY 68.15 FEET ALONG THE ARC OF A NON-TANGENT
CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 75.00
FEET, A CHORD BEARING SOUTH 64 DEGREES 05 MINUTES 54
SECONDS EAST AND A CHORD DISTANCE OF 65.83 FEET; THENCE
NORTH 89 DEGREES 52 MINUTES 11 SECONDS EAST, 189.88 FEET;
THENCE SOUTH 00 DEGREES 07 MINUTES 49 SECONDS EAST, 143.05
FEET; THENCE SOUTH 89 DEGREES 52 MINUTES 11 SECONDS WEST,
22.00 FEET; THENCE SOUTH 00 DEGREES 07 MINUTES 49 SECONDS
EAST, 1,040.00 FEET; THENCE SOUTH 89 DEGREES 52 MINUTES 11
SECONDS WEST, 233.74 FEET; THENCE SOUTH 58 DEGREES 48
MINUTES 00 SECONDS WEST, 136.33 FEET; THENCE SOUTH 36
DEGREES 59 MINUTES 19 SECONDS WEST, 57.14 FEET; THENCE SOUTH
00 DEGREES 07 MINUTES 49 SECONDS EAST, 186.32 FEET; THENCE
SOUTH 89 DEGREES 52 MINUTES 11 SECONDS WEST, 298.82 FEET;
THENCE NORTH 17 DEGREES 53 MINUTES 23 SECONDS EAST, 44.96
FEET; THENCE NORTH 08 DEGREES 11 MINUTES 57 SECONDS EAST,
84.89 FEET; THENCE NORTH 19 DEGREES 52 MINUTES 24 SECONDS
WEST, 84.89 FEET; THENCE NORTH 47 DEGREES 56 MINUTES 45
JULY 13, 2011 VOLUME LXXVI
294
SECONDS WEST, 84.89 FEET; THENCE NORTH 76 DEGREES 01
MINUTES 06 SECONDS WEST, 84.89 FEET; THENCE SOUTH 75 DEGREES
54 MINUTES 33 SECONDS WEST, 84.89 FEET; THENCE SOUTH 47
DEGREES 50 MINUTES 12 SECONDS WEST, 84.89 FEET; THENCE SOUTH
18 DEGREES 29 MINUTES 51 SECONDS WEST, 92.37 FEET; THENCE
SOUTH 12 DEGREES 06 MINUTES 30 SECONDS EAST, 92.37 FEET;
THENCE SOUTH 13 DEGREES 14 MINUTES 37 SECONDS EAST, 82.13
FEET; THENCE SOUTH 00 DEGREES 09 MINUTES 56 SECONDS EAST,
240.00 FEET; THENCE SOUTH 89 DEGREES 49 MINUTES 47 SECONDS
WEST, 39.15 FEET; THENCE NORTH 85 DEGREES 17 MINUTES 16
SECONDS WEST, 18.88 FEET TO THE SOUTHWEST CORNER OF THE
EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 20;
THENCE NORTH 00 DEGREES 09 MINUTES 31 SECONDS WEST, 2,628.02
FEET ALONG THE WEST LINE OF SAID EAST HALF TO THE
NORTHWEST CORNER THEREOF; THENCE NORTH 88 DEGREES 49
MINUTES 24 SECONDS EAST, 1,264.98 FEET ALONG THE NORTH LINE
OF SAID EAST HALF TO THE POINT OF BEGINNING, IN KANE
COUNTY, ILLINOIS.
PARCEL 6:
THAT PART OF THE WEST HALF OF THE NORTHWEST
QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE
NORTHWEST QUARTER OF SECTION 29; THENCE SOUTH 01 DEGREES
04 MINUTES 36 SECONDS EAST, 356.06 FEET ALONG THE WEST LINE
OF THE NORTHWEST QUARTER OF SAID SECTION 29 TO THE POINT
OF BEGINNING; THENCE CONTINUING SOUTH 01 DEGREES 04
MINUTES 36 SECONDS EAST ALONG SAID LINE, 1,745.31 FEET;
THENCE NORTH 88 DEGREES 55 MINUTES 24 SECONDS EAST, 126.82
FEET TO A POINT OF CURVATURE; THENCE EASTERLY, 77.65 FEET,
ALONG THE ARC OF A CURVE TANGENT TO THE LAST DESCRIBED
COURSE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 230.00 FEET,
A CHORD BEARING SOUTH 81 DEGREES 24 MINUTES 20 SECONDS
EAST, AND A CHORD DISTANCE OF 77.28 FEET; THENCE NORTH 01
DEGREES 04 MINUTES 36 SECONDS WEST, 1,097.98 FEET ALONG A
LINE 203.00 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF
THE NORTHWEST QUARTER OF SECTION 29; THENCE NORTH 09
DEGREES 22 MINUTES 59 SECONDS EAST, 165.25 FEET; THENCE
NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 252.50 FEET;
THENCE SOUTH 88 DEGREES 55 MINUTES 24 SECONDS WEST, 200.00
FEET; THENCE NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST,
218.11 FEET ALONG A LINE 33.00 FEET EAST OF AND PARALLEL WITH
THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 29;
VOLUME LXXVI JULY 13, 2011
295
THENCE NORTH 51 DEGREES 34 MINUTES 40 SECONDS WEST, 42.77
FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS.
CONTAINING 233.623 ACRES MORE OR LESS.‖
Section 4. That the City Council of the City of Elgin hereby grants the rezoning of the
PSFR2 Planned Single Family Residence District for the property commonly known as 2700
Bowes Road, and legally described above, which shall be developed subject to the following
provisions:
A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to
provide a planned urban residential environment of standardized moderate density
for single family detached dwellings, subject to the provisions of Chapter 19.60
Planned Developments of the Elgin Municipal Code, 1976, as amended. The
PSFR2 District is most similar to, but departs from the standard requirements of
the SFR2 Single Family Residential 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 PSFR2 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 PSFR2 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 PSFR2 zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PSFR2 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 PSFR2 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 PSFR2 District:
Residence Division.
1. ―Single family detached dwellings‖ [SR] (UNCL).
2. ―Residential garage sales‖ [SR] (UNCL).
3. ―Residential occupations‖ [SR] (UNCL).
JULY 13, 2011 VOLUME LXXVI
296
4. ―Residential outdoor storage of firewood‖ [SR] (UNCL).
5. ―Residential parking areas‖ [SR] (UNCL).
Finance, Insurance, and Real Estate Division.
6. ―Development sales office‖ [SR] (UNCL).
Services Division.
7. ―Family residential care facility‖ [SR] (8361).
8. ―Home child day care services‖ [SR] (8351).
Construction Division.
9. ―Contractors office and equipment areas‖ [SR] (UNCL).
Transportation, Communication, and Utilities Division.
10. ―Radio and television antennas‖ [SR] (UNCL).
11. ―Satellite dish antennas‖ [SR] (UNCL).
12. ―Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves‖ [SR] (UNCL).
Miscellaneous Uses Division.
13. ―Fences and walls‖ [SR] (UNCL).
14. ―Signs‖ [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs,
of the Elgin Zoning Ordinance.
15. ―Temporary uses‖ [SR] (UNCL).
16. ―Accessory structures‖ [SR] (UNCL) to the permitted uses allowed in this
PSFR2 Planned Single Family Residence District, subject to the
provisions of Section 19.12.500, Accessory Structures and Buildings, of
the Elgin Zoning Ordinance.
17. ―Accessory uses‖ [SR] (UNCL) to the permitted uses allowed in this
PSFR2 Planned Single Family Residence District, subject to the
provisions of Section 19.20.400, Component Land Uses, of the Elgin
Zoning Ordinance.
In this PSFR2 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 ―conditional use‖ [SR] in this PSFR2 zoning district:
Residences Division.
1. ―Conditional residential occupations‖ [SR] (UNCL).
Municipal Services Division.
2. ―Municipal facilities‖ [SR] (UNCL) on a zoning lot containing less than
two acres of land.
Transportation, Communication, and Utilities Division.
3. ―Amateur radio antennas‖ [SR] (UNCL).
4. ―Commercial antennas and antenna structures mounted on existing
structures‖ [SR] (UNCL).
5. ―Commercial antenna tower‖ [SR] (UNCL).
6. ―Other radio and television antennas‖ [SR] (UNCL).
7. ―Other satellite dish antennas‖ [SR] (UNCL).
VOLUME LXXVI JULY 13, 2011
297
8. ―Pipelines, except natural gas‖ (461).
9. ―Railroad tracks‖ (401).
10. ―Treatment, transmission and distribution facilities: equipment, equipment
buildings, towers, exchanges, substations, regulators‖ [SR] (UNCL).
Miscellaneous Uses Division.
11. ―Planned developments‖ [SR] (UNCL) on a zoning lot containing less
than two acres of land, subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Zoning Ordinance.
12. ―Accessory structures‖ [SR] (UNCL) to the conditional uses allowed in
this PSFR2 Planned Single Family Residence District, subject to the
provisions of Chapter 19.12.500, Accessory structures and Buildings.
13. ―Accessory uses‖ [SR] (UNCL) to the conditional uses allowed in this
PSFR2 Single Family Residence District, subject to the provisions of
Section 19.10. 400, Component Land Uses.
G. Site Design. In this PSFR2 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 with the exception that the corner wrap on each building
may be permitted to encroach up to 6 inches into the required building setback. In
this PSFR2 zoning district, the site design regulations shall be as follows:
1. Zoning Lots - Generally. In this PSFR2 zoning district, "zoning lots"
[SR] shall be subject to the provisions of Section 19.12.300, Zoning Lots -
Clarifications and Exceptions, of the Elgin Zoning Ordinance.
2. Lot Area. In this PSFR2 zoning district, the minimum required "zoning
lot area" [SR] shall be in substantial conformance to the Edgewater Del
Webb Plan, prepared by Hitchcock Design Group, and dated October 1,
2004.
3. Lot Width. In this SFR2 zoning district, the minimum required "lot
width" [SR] for a zoning lot shall be 45 linear feet, as measured at the
building setback line and shall be in substantial conformance to the
Edgewater Del Webb Plan, prepared by Hitchcock Design Group, and
dated October 1, 2004.
4. Setbacks - Generally. In this SFR2 zoning district, "setbacks" [SR] shall
be subject to the provisions of the Elgin Zoning Ordinance, Section
19.12.400, Setbacks - Clarifications and Exceptions.
5. Setbacks by Lot Line. In this PSFR2 zoning district, the minimum
required "building" [SR] "setbacks" [SR] for a zoning lot shall be as
follows:
a. Arterial Street / Collector Street Setback. The minimum
required setback for a building from Bowes Road or the
north/south collector road shall be 100 feet.
b. Front Setback. The minimum required front setback shall be 20
feet.
c. Corner Side Setback. For corner lots, the minimum corner side
(street) setback shall be 10 feet.
JULY 13, 2011 VOLUME LXXVI
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d. Interior Setback. The minimum interior setback shall be 5 feet.
e. Rear Setback. The minimum rear setback shall be 20 feet.
The following lots shall be allowed the construction of accessory
structures no greater than twelve (12) linear feet in depth and
attached to the building, to encroach into the rear building setback
per the requirements of the Development Administrator, in
conformance with the following parameters:
i. Any lot backing up to any permanent open space within
the Edgewater Subdivision shall be allowed the
construction of an accessory structure no greater than
twelve (12) linear feet in width and twelve (12) linear feet in
depth and attached to the building, to encroach into the
rear building setback.
ii. Any lot backing up to permanent open space greater than
400 feet in depth measured from the rear lot line and in a
direction perpendicular to the rear lot line shall be allowed
the construction of an accessory structure no greater than
twenty-four (24) linear feet in width and twelve (12) linear
feet in depth and attached to the building, to encroach into
the rear building setback.
6. Accessory Structures and Buildings. In this PSFR2 zoning district,
"accessory structures and buildings" [SR] shall be subject to the provisions
of Section 19.12.500, Accessory Structures and Buildings, of the Elgin
Zoning Ordinance.
7. Yards. In this PSFR2 zoning district, a "street yard" [SR], a "side yard"
[SR], or a "rear yard" [SR] 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, of the Elgin Zoning Ordinance.
Balconies no greater than twelve (12) feet in depth shall be allowed to
encroach into the minimum twenty (20) foot rear setback on the lots
identified on the Edgewater Del Webb Plan, prepared by Hitchcock
Design Group, and dated October 1, 2004, as may be approved by the
Development Administrator.
8. Residential Floor Area. In this PSFR2 zoning district, the maximum
"residential floor area" [SR] for a single family zoning lot shall be 3,272
square feet, excluding garages, basements, attics, walkouts, or similar
spaces, and accessory structures attached to the principal building such as
sunrooms, screened –in porches, and gazebos.
9. Building Coverage. In this PSFR2 zoning district, the maximum
"building coverage" [SR] for a single family zoning lot shall be 3,952
square feet, and accessory structures attached to the principal building
such as sunrooms, screened –in porches, and gazebos.
10. Accessory Building Coverage. In this PSFR2 zoning district, the
maximum "accessory building coverage" [SR] for a single family zoning
lot shall be 900 square feet.
VOLUME LXXVI JULY 13, 2011
299
11. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle
use area" [SR] for a single family zoning lot shall be 1,400 square feet.
In this PSFR2 zoning district, the use and development of land and structures
shall also be subject to the following conditions:
1. Substantial conformance to the Edgewater Del Webb Plan, prepared by
Hitchcock Design Group, and dated October 1, 2004, or modifications
thereto which may be approved by the Development Administrator
pursuant to Section 19.60.200, Changes to Planned Developments.
2. Substantial conformance to the Preliminary Engineering Plans, prepared
by Manhard Consulting, Ltd., and dated February 25, 2002, with a final
revision date of June 3, 2003, or modifications thereto which may be
approved by the Development Administrator pursuant to Section
19.60.200, Changes to Planned Developments.
3. Substantial conformance to the Preliminary Landscape Plan, prepared by
Gary R. Weber Associates, Inc., and dated June 7, 2002, or modifications
thereto which may be approved by the Development Administrator
pursuant to Section 19.60.200, Changes to Planned Developments.
4. Substantial conformance to the Edgewater Version 2, In the City of Elgin,
final approved plan, prepared by Pulte Home Corporation, and dated 2004,
or modifications thereto which may be approved by the Development
Administrator pursuant to Section 19.60.200, Changes to Planned
Developments.
5. A two (2) foot masonry return on the side elevations shall be provided on
each Classic and Manor home located on the 45 foot and 50 foot wide lots
as identified on the Edgewater Del Webb Plan, prepared by Hitchcock
Design Group, and dated October 1, 2004.
6. Construction of all internal roads as follows:
a. Sidewalks may be four feet in width.
b. B6-12 curb and gutter is permitted except in the locations of sewer
where the city will require B6-18 curb and gutter.
c. Right of way shall be 50 feet in width.
d. Decorative street lights will be permitted versus standard street
lights, subject to approval by the Engineering Division.
e. Parkway trees shall be placed in front yards within a landscape
easement.
7. Construction traffic shall be prohibited on College Green Drive.
8. Compliance with all applicable codes and ordinances, except as otherwise
specifically provided for within the Annexation Agreement, the
Preliminary Plat, the Preliminary Engineering, and this Ordinance.
9. Allow for the 5-acre property to the southeast of the subject property to be
incorporated into the community at such time that the property is annexed
into Elgin and redeveloped.
10. Except as hereinafter provided, at least one occupant of each occupied
residence on the subject property must be 55 years of age or older (the
JULY 13, 2011 VOLUME LXXVI
300
―Qualifying Occupant‖) and no person under 18 years of age shall occupy
or reside in any dwelling on the subject property. In the event of the death
of a person who was the sole Qualifying Occupant of a dwelling on the
subject property, the spouse of such Qualifying Occupant may continue to
occupy the dwelling provided that the provisions of the United States Fair
Housing Act, as amended, the Illinois Fair Housing Act, as amended, and
the Declaration of Covenants, Conditions and Restrictions for the subject
property are not violated by such occupancy. For the purposes of this
section, an occupant shall not be considered a permanent occupant unless
such occupant considers the dwelling to be his or her legal residence and
actually resides in the dwelling on the subject property for at least six
months during every calendar year or such shorter period as the dwelling
is actually occupied by any person. No dwelling on the subject property
shall be occupied by any person under the age of 18. For purposes of this
section, a dwelling shall be deemed to be ―occupied‖ by any person who
stays overnight in the dwelling on the subject property more than 21 days
in any 60 day period or more than 30 days in any 12 month period.
11. All matters set forth in that certain Annexation Agreement dated June 11,
2003, relating to the subject property.
12. Compliance with all applicable codes and ordinances.
H. Off-Street Parking. In this PSFR2 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.
I. Off-Street Loading. In this PSFR2 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 PSFR2 zoning district, signs shall be subject to the provisions of
Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended.
K. Amendments. In this PSFR2 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 PSFR2
zoning district authorize such an application.
L. Planned Developments. In this PSFR2 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 PSFR2 zoning
district and without necessitating that all other property owners in this PSFR2
zoning district authorize such an application.
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301
M. Conditional Uses. In this PSFR2 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 PSFR2 zoning district and without necessitating that all other property
owners in this PSFR2 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 PSFR2
zoning district and without necessitating that all other property owners in this
PSFR2 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.
P. Buildings – Required Improvements. In addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the following
building improvements shall also be required:
1. All sanitary sewers shall be overhead sewers.
2. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Administrator.
Q. 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.
Section 3. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
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302
Presented: July 13, 2011
Passed: July 13, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: July 13, 2011
Published: July 15, 2011
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G24-11 PASSED AMENDING SECTION 2.08 OF THE ELGIN
MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED “CITY COUNCIL”
Councilmember Dunne made a motion, seconded by Councilmember Gilliam, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller,
Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G24-11
AN ORDINANCE
AMENDING SECTION 2.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "CITY COUNCIL"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
WHEREAS, the City of Elgin is a home rule unit, and as a home rule unit, may exercise
any power and perform any function pertaining to its government and affairs; and
WHEREAS, the Rules of Procedure for the City Council of the City of Elgin are
provided for in Section 2.08.080 of the Elgin Municipal Code; and
WHEREAS, the city council has determined that it is necessary and desirable to amend a
rule of the city council relating to persons wishing to address the city council at a city council
meeting; and
WHEREAS, the rules of procedure of the city council pertain to the governmental affairs
of the city.
NOW, THEREFORE, be it ordained by the city council of the City of Elgin, Illinois:
Section 1. That Section 2.08.080 of the Elgin Municipal Code, 1976, as amended,
entitled ―Rules of Procedure‖ be and is hereby further amended by amending subparagraph CC
thereof to read as follows:
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―CC. Persons wishing to address the city council may do so as provided in this
section. Any such persons wishing to address the city council shall register on a
form furnished by the city clerk prior to the meeting. Such a form shall include
identification of the speaker’s name, address, telephone number, e-mail address
and the subject matter(s) to be addressed by the speaker. Speakers shall be heard
in the order of registration and shall be limited to three (3) minutes, and the total
time allocated for all speakers shall not exceed thirty (30) minutes at each
meeting. Persons shall not be permitted to assign time to another speaker. The
city clerk shall monitor the time for each speaker and the total time allotted for all
speakers and shall advise the speakers and the city council when any time limits
have expired. Speakers who have registered but who are not permitted to speak
because of the lapse of time shall be granted time to speak after miscellaneous
business.‖
Section 2. That this ordinance shall be in full force and effect from and after its
passage and publication in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: July 13, 2011
Passed: July 13, 2011
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: July 13, 2011
Published: July 15, 2011
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Dunne made a motion, seconded by Councilmember Moeller, to place the
following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gilliam, Moeller, Powell, Prigge, Steffen, and Mayor Kaptain. Nays: None.
Heritage Design Review Subcommittee – May 24, 2011
Human Relations Commission – May 3, 2011
Planning and Development Commission – May 2, 2011
Parks and Recreation Advisory Board – April 26, 2011
Zoning and Subdivision Hearing Board – April 6, 2011 and April 20, 2011
Committee of the Whole Minutes – June 8, 2011
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304
City Council Minutes – June 8, 2011
Hotel/Motel Report – May 2011
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Gilliam made a motion, seconded by Councilmember Moeller, to adjourn the
meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Moeller, Powell,
Prigge, Steffen, and Mayor Kaptain. Nays: None.
The meeting adjourned at 8:24 p.m.
s/ Kimberly Dewis July 27, 2011
Kimberly A. Dewis, City Clerk Date Approved