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Home My WebLink About14-12 Resolution No. 14-12 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO FINAL PLAT OF SUBDIVISION OF RANDALL ROSE AUTO MALL WITH RANDALL 90 LLC, HEATH 79 LLC, SWC RAND & WILLOW LLC, WOLF & LARAWAY LLC, ELGIN AUTO MALL LOT 1, LLC, ELGIN AUTO MALL LOT 2, LLC AND COUNTY OF KANE 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 a First Amendment To Final Plat of Subdivision of Randall Rose Auto Mall on behalf of the City of Elgin with Randall 90 LLC, Heath 79 LLC, SWC Rand & Willow LLC, Wolf & Laraway LLC, Elgin Auto Mall Lot 1, LLC Elgin Auto Mall Lot 2, LLC, and County of Kane, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: February 12, 2014 Adopted: February 12, 2014 Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk �,01 ri.c'L City of Elgin Memorandum • Date: February 17, 2014 To: Kimberly A. Dewis, City Clerk From: Barbara E. Furman, Legal Secretary/Paralegal Subject: First Amendment to Final Plat of Subdivision of Randall Rose Auto Mall Attached for the City Clerk's files is a fully executed original copy of the above-referenced First Amendment to Final Plat of Subdivision of Randall Rose Auto Mall. bf Attachment This Document Prepared By: Peter C. Bazos, Esq. Bazos Freeman, et al 1250 Larkin Avenue, Suite 100 Elgin, Illinois 60123 and After Recording Return To: Peter C. Bazos, Esq. Bazos Freeman, et al 1250 Larkin Avenue, Suite 100 Elgin, Illinois 60123 SPACE ABOVE THIS LINE RESERVED FOR RECORDERS USE ONLY FIRST AMENDMENT TO FINAL PLAT OF SUBDIVISION OF RANDALL ROSE AUTO MALL WHEREAS, a final plat of subdivision ("Final Plat") of Randall Rose Auto Mall (the "Subdivision") was recorded on December 18, 2007 as Document No. 2007K122789; and WHEREAS, all of the lots ("Lots") within the Subdivision are owned by the parties designated under the title of "Owner" on the signature page to this First Amendment (with all such owners being hereinafter collectively called the "Owners"); and WHEREAS, the Owners, together with the City of Elgin, Illinois, an Illinois municipal corporation (the "City") and the County of Kane, Illinois, a body politic of the State of Illinois (the "County") now wish to amend certain restrictive provisions set forth on the Final Plat as they pertain only to Lot 1 and Lot 7 of the Subdivision as more fully described on Exhibit A attached hereto; NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein and of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed as follows: 1. Amendment to Certain Plat Restrictions Pertaining to Lots 1 and 7. Note 2 on Sheet 1 of the Final Plat is hereby replaced in its entirety with the following Note: 2. As long as a non-mountable barrier median remains on Auto Mall Drive from the west edge of the pavement of Randall Road extending to the eastern most intersection of Auto Circle Drive and Auto Mall Drive; then, each of Lot 1 and Lot 7 shall be entitled to not more than one (1) right-in/right-out only access point provided that the eastern-most edges of the intersection of Auto Mall Drive and said right-in/right-out access drives shall be not less than 300 feet west of the westerly edge of the pavement of Randall Road. Removal of the aforesaid barrier median shall require and cause all access between Randall Road and Auto Circle Drive as aforesaid to be removed. Any access point at and beyond the aforesaid intersection of Auto Circle Drive and Auto mall Drive shall be at the discretion of the City of Elgin. 2. Ratification. Except as expressly modified hereby, the restrictions set forth in the Final Plat shall remain unmodified and in full force and effect. f,:....—.. Dated as of this ? day of February, 2014 OWNERS OF LOTS 3 THOUGH 10: RANDALL 90 LLC an Illinois limited liability company HEATH 79 LLC an Illinois limited liability company SWC RAND & WILLOW LLC An Illinois limited liability company, and WOLF & LARAWAY LLC an Illinois limited liability company By: Oi_. -,/,....0...j '� Q Name: Mi ael H. Rose Title: Manager of each of said Owners STATE OF ILLINOIS ) )ss. COUNTY OF )// ) I, the undersigned, a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Michael H. Rose, personally known to me to be the Manager of each of Randall 90 LLC, Heath 79 LLC, SWC Rand& Willow LLC, and Wolf& Laraway LLC, each an Illinois limited liability company, appeared before me this day and acknowledged that in his capacity as such Manager he signed and delivered the foregoing First Amendment pursuant to authority given by the action of the Manager of each of said Randall 90 LLC, Heath 79 LLC, SWC Rand & Willow LLC, and Wolf & Laraway LLC as his free and voluntary act, and as the free and voluntary act and deed of each of said Randall 90 LLC, Heath 79 LLC, SWC Rand & Willow LLC, and Wolf& Laraway LLC, for the uses and purposes therein set forth. GIVEN under my hand and official seal t1-01/day of February, 2014 (7/5 `�\. r- N S TARY PUBLIC My commission expires: (NOTARY SEAL) ---- BARBARA D. LOSH < ' OFFICIAL SEAL a�t- Notary Public,State of Illinois `-a My Commission Expires � , ,. August 11, 2015 2 OWNER OF LOT 1: ELGIN AUTO MALL LOT 1, LLC an Illinois limited liability company By: Name: Gary McG Title: Manager STATE OF ILLINOIS ) )ss. COUNTY OF KANE ) I, the undersigned, a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Gary McGrath, personally known to me to be the Manager of ELGIN AUTO MALL LOT 1, LLC, an Illinois limited liability company, appeared before me this day and acknowledged that in his capacity as such Manager he signed and delivered the foregoing First Amendment pursuant to authority given by the action of the Manager of ELGIN AUTO MALL LOT 1, LLC as his free and voluntary act, and as the free and voluntary act and deed of each of said ELGIN AUTO MALL LOT 1, LLC for the uses and purposes therein set forth. GIVEN under my hand and official seal this '-1 day of February, 2014 NOTAPUBLIC "OFFICIAL SEAL" My commission expires: LercBas Pte y Commission Expires 5/18/2014 3 OWNER OF LOT 2: ELGIN AUTO MALL LOT 2, LLC an Illinois limited liability company By: Name: Gary McGrath Title: Manager r` STATE OF ILLINOIS ) )ss. COUNTY OF KANE ) I, the undersigned, a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Gary McGrath,personally known to me to be the Manager of ELGIN AUTO MALL LOT 2, LLC, an Illinois limited liability company, appeared before me this day and acknowledged that in his capacity as such Manager he signed and delivered the foregoing First Amendment pursuant to authority given by the action of the Manager of ELGIN AUTO MALL LOT 2, LLC as his free and voluntary act, and as the free and voluntary act and deed of each of said ELGIN AUTO MALL LOT 2, LLC for the uses and purposes therein set forth. GIVEN under my hand and official seal this 9 day of February, 2014 NOTARY PUB IC z "O ,IFICIAL SEAL" Peter C Bazos Illi Notary Public State of nois My Commission2014 4 CITY OF ELGIN an Illinois municipal corporation By: it 4 r 4o,,. .. ir Name: David Kap Title: Mayor Attest: _ Imo - A.. A Kimberly Dewis, City lerk Resolution No. 14- 12 COUNTY OF KANE an Illinois body politic By: Name: Carl Scho del Title: County Engineer 5 Exhibit A Legal Description of Affected Lots Lots 1 and 7 of Randall Rose Auto Mall Subdivision, as created by the plat thereof recorded on December 18, 2007 as Document No. 2007K122789 in Elgin, Kane County, Illinois 6