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Home My WebLink About12-130Resolution No. 12 -130 RESOLUTION AUTHORIZING EXECUTION OF A FIFTH AMENDMENT TO BOWES CREEK ANNEXATION AGREEMENT WITH TOLL IL, 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 Fifth Amendment to Annexation Agreement with Toll IL, 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 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 Fifth Amendment to Annexation Agreement with Toll IL, L.P., a copy of which is attached hereto. s/ David J. Kaptain David J. Kaptain, Mayor Presented: August 8, 2012 Adopted: August 8, 2012 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk FIFTH AMENDMENT TO BOWES CREEK ANNEXATION AGREEMENT (BOWES CREEK COUNTRY CLUB) THIS FIFTH AMENDMENT TO ANNEXATION AGREEMENT ( "Fifth Amendment "), made and entered into this 8th day of August , 2012, by and between the CITY OF ELGIN, ILLINOIS, a municipal corporation of the Counties of Kane and Cook, State of Illinois (hereinafter referred to as the "City"), and TOLL IL, L.P., an Illinois limited partnership ( "Developer or Toll "). WITNESSETH: WHEREAS, the City entered into an annexation agreement dated February 28, 2001, for the property legally described in such annexation agreement ( "Subject Property ") with the predecessor owners of the Subject Property (the "Annexation Agreement "); and WHEREAS, the City entered into a first amendment to the annexation agreement dated June 25, 2003 with the predecessor owners of the Subject Property ( "First Amendment "); and WHEREAS, the City entered into a second amendment to the annexation agreement for the Subject Property bearing the date of January 26, 2005 ( "Second Amendment ") with Developer and others; and WHEREAS, the City, Developer and Lo Land Assets, LP, a Delaware limited partnership as Owner ( "Lo Land ") entered into a third amendment to the annexation agreement for the Subject Property bearing the date of August 13, 2008 ( "Third Amendment "); and WHEREAS, the City, Developer and Lo Land entered into a fourth amendment to the annexation agreement for the Subject Property bearing the date of February 1, 2010 ( "Fourth Amendment ", the Annexation Agreement as amended by the First Amendment, the Second Amendment, the Third Amendment and the Fourth Amendment being hereinafter collectively referred to as the "Subject Annexation Agreement "); and WHEREAS, Developer has acquired Lo Land's interest in the Subject Property and Lo Land no longer has an interest in the Subject Property; and WHEREAS, the City and Developer (collectively the "Parties ") after full consideration recognize the benefits resulting from further amending the Subject Annexation Agreement pursuant to this fifth amendment; and WHEREAS, the mayor and city council of the City ( "Corporate Authorities ") have duly set a date, time and place for a public hearing on this fifth amendment and have caused due notice to be made of said public meeting through publication in the Daily Courier News, a newspaper of general circulation in the community and the City has held such public hearing; and WHEREAS, the Corporate Authorities of the City after due and careful consideration, have concluded that this fifth amendment on the terms and conditions herein set forth is in the best interests of the City. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. This fifth amendment is made pursuant to and in accordance with the provisions of Section 11 of the Illinois Municipal Code (65 ILCS 5/11- 15.1 -1 et seq.) and in the exercise of the home rule power of the City. 2. Group Exhibit C to the Subject Annexation Agreement is hereby further amended by amending the PSFR2 Planned Single Family Residence District ordinance for Bowes Creek Country Club Neighborhoods AA2 and AA3 (currently Ordinance No. G69 -09) which includes the 238 Villa Lots as set forth in Exhibit 1 attached hereto and made a part hereof by this reference. The City agrees to adopt said amendment to such PSFR2 Planned Single Family Residence District ordinance within thirty days following the entry into and execution of this fifth amendment. 3. In the event of any conflict between the terms of the Subject Annexation Agreement and the terms of this fifth amendment, the terms of this fifth amendment shall control. In all other respects, the Subject Annexation Agreement shall remain in full force and effect as originally written and as amended. 4. This fifth amendment may be executed in several counterparts, all of which shall be an original and all of which shall constitute the one and the same agreement. IN WITNESS WHEREOF, the parties hereto have entered into and executed this fifth amendment as of the date and year first above written. CITY OF ELGIN, ILLINOIS, an Illinois municipal corporation ATT ES T: BY9 ?wG C By: City Clerk CKlayor TOLL IL, L.P., an Illinois limited partnership By: TOLL IL GP CORP., an Illinois corporation Its: General Partner By: v-�`— 1 Its: 6.lp% Q\Documents and SettingsVBENZEL \Local Settings \Temporary Intemet Files\ Content. Outlook \CQNOUKG6\Annexation -Bowes Creek Fifth Amendment- 8- 8- 12.docx -2- N Ordinance No. G45 -12 AN ORDINANCE AMENDING THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G69 -09 (Bowes Creek Country Club - 238 Villa Lots) (3600 Bowes Road) WHEREAS, the territory herein described has previously been classified in the PSFR2 Planned Single Family Residence District, pursuant to Ordinance No. G12 -05 as amended by Ordinance No. G69 -09; and WHEREAS, written application has been made to amend certain provisions within Ordinance No. G69 -09; WHEREAS, after due notice in the manner provided by law the Planning & Zoning 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, Illinois, has reviewed the findings and recommendations of the Planning & Zoning 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 June 4, 2012, made by the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Ordinance No. G69 -09 entitled "An Ordinance Amending the PSFR2 Planned Single Family Residence District ", passed December 16, 2009, be and is hereby amended only as set forth in this ordinance as follows: A. That section 3G thereof entitled "Site Design" is hereby amended by adding new subsections 5d and 5e thereto to read as follows: "5d. Additional Rear Yard Setback Encroachments. Pergolas, retractable awnings and other similar structures attached to a house may encroach a maximum of twelve (12) feet into the required rear yard building setback of twenty (20) feet for all 238 Villa Lots. 5e. Additional Interior Setback Encroachments. Patios, sheds, decks below four (4) feet in height and other similar obstructions subject to the interior setback will be allowed to encroach two (2) feet into the interior setback for all 238 Villa Lots. Exhibit 1 Any such encroachments referred to in subsection 5d or 5e shall also be subject to the following additional provisions: (1) Substantial conformance to the Bowes Creek Country Club Villas Collection Exhibit, Sheet 1 of 1, prepared by ESE Consultants, Inc. dated December 16, 2011. (2) The authorized encroachment shall be restricted to the 238 Villa Lots. (3) Compliance with all other applicable codes and ordinances." Section 3. That except as specifically amended herein, Ordinance No. G69 -09 shall remain in full force and effect. Section 4. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. Presented: August 8, 2012 Passed: Vote: Yeas Nays: Recorded: Published: Attest: Kimberly A. Dewis, City Clerk David J. Kaptain, Mayor -2-