HomeMy WebLinkAbout14-93 Resolution No. 14-93
RESOLUTION
AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT
(Daching Business Park—2601 Mason Road)
WHEREAS, the owners of record of certain territory described in Exhibit A, attached
hereto and made a part hereof by reference, desire annexation of said territory to the City of
Elgin; and
WHEREAS, said territory is not a part of any other municipality; and
WHEREAS, no electors reside on the subject territory; and
WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory
upon certain terms and conditions; and
WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a
public hearing has been held after due notice as required by law and all persons appearing and
wishing to testify concerning the proposed annexation agreement have been heard; and
WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin
that it is in the best interests of the City of Elgin to enter into said annexation agreement as
proposed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby
authorized and directed to execute on behalf of the City of Elgin an annexation agreement in the
form attached hereto as Exhibit A and incorporated herein by reference.
Section 2. That this resolution shall be effective from and after its passage as provided
by law.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: July 9, 2014
Adopted: July 9, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
7/1/14
ANNEXATION AGREEMENT
DACHING BUSINESS PARK
Mason Rd., Elgin, IL
THIS AGREEMENT made and entered into this 9th day of July , 2014, by and
between the City of Elgin, Illinois, a municipal corporation of the Counties of Cook and Kane, in
the State of Illinois (hereinafter referred to as the "City"), and DAVID HUANG (being
hereinafter referred to as "Owner").
WHEREAS, Owner is the owner of record of the real property described in Exhibit A.
which is attached hereto and made a part hereof (which real property, for convenience, is
hereafter referred to as the "Subject Property") and which real estate is not within the corporate
limits of any municipality but is contiguous to the corporate limits of the City of Elgin; and
WHEREAS, Owner desires to annex the Subject Property to the City upon terms and
conditions recited in this Agreement so that the Subject Property may be developed by the
Owner as herein provided; and
WHEREAS, Owner, after full consideration, recognizes the many advantages and
benefits resulting from the annexation of the Subject Property to the City; and
WHEREAS, the Subject Property constitutes territory which is contiguous to and may be
annexed to the City of Elgin as provided in Article 7 of the Illinois Municipal Code (65 ILCS
5/7-1-1 et seq.); and
WHEREAS, the Subject Property is located within the Rutland Dundee Fire Protection
District, and whereas each of the Trustees of said District was notified in writing by certified or
registered mail at least ten (10) days in advance of any action taken with respect to the
annexation of the Subject Property, and whereas an affidavit that service of the said notice had
been provided has been filed with the County Recorder; and
WHEREAS, the Subject Property is located within Dundee Township, and whereas the
Township Commissioner of Highways and each of the Trustees of said Township were notified
in writing by certified or registered mail at least ten (10) days in advance of any action taken
with respect to the annexation of the Subject Property; 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 Annexation Agreement, and have caused
due notice to be made of said public hearing through publication in the Daily Courier News, a
newspaper of general circulation in the community, and the City has held such public hearing;
and
Page 1 of 25
e ,
WHEREAS, the Corporate Authorities of the City, after due and careful consideration,
have concluded that the annexation of the Subject Property to the City on the terms and
conditions hereinafter set forth is in the best interests of the City; and
WHEREAS, pursuant to notice as required by statute and ordinance a public hearing was
held by the Planning and Zoning Commission of the City on the requested zoning of the Subject
Property.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as
follows:
1. This Agreement 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. The corporate authorities, within thirty (30) days following: (a) the execution of
this Agreement, (b) the receipt of a current title report verifying the owner of record of the
Subject Property by the City Clerk, (c) the filing of Owner's Petition for Annexation in form and
substance as required by law, and (d) the receipt of(i) a certified copy of the ordinance annexing
the Subject Property to the Fox River Water Reclamation District ("FRWRD") or (ii) evidence
reasonably satisfactory to the City that FRWRD has annexed a portion of the Subject Property
and agrees to annex the balance of the Subject Property in phases, thirty (30) days following the
filing of such materials by the Owner with the City Clerk shall pass an ordinance annexing the
Subject Property to the City. The Annexation Plat for the subject ordinance shall be in the form
of Exhibit B attached hereto and made a part hereof. In the event the Owner fails to file such
materials with the City Clerk within one (1) year following the execution of this Agreement the
City may elect to terminate this Agreement by providing written notice to the then record owners
of the Subject Property. In the event of such written notice thereof by the City to the then record
owners of the Subject Property this Agreement shall be deemed terminated without further
obligations of the parties hereunder.
3. A. Immediately after the passage of the ordinance annexing the Subject Property,
as provided in paragraph 2 hereof, the Corporate Authorities shall pass or adopt the ordinance
zoning the property in the PORI-Planned Office, Research, Industrial District in the form
attached hereto as Exhibit C.
B. Except as otherwise provided for in this Agreement no changes or amendments in
the zoning ordinance of the City which shall directly or indirectly adversely affect the use or
development of the Subject Property shall be of any effect unless applicable to all comparable
areas of the City.
C. The Subject Property and the Development contemplated herein shall be
developed in substantial conformance with the development plan(s) and plat(s) of subdivision as
Page 2 of 25
hereinafter approved by the City. With the exception of the Specified Utility Extensions and the
Extended Section of Alft Lane/Mason Road (hereinafter defined), prior to any development of
the Subject Property the Owner of the Subject Property shall be required to submit a
development plan to the City for a public hearing and city council approval pursuant to the
provisions of Chapter 19.60, Planned Developments, of the Elgin Municipal Code, 1976, as
amended. Engineering for the Subject Property and the development thereof shall be as
approved by the City Engineer. Engineering for the Specified Utility Extensions and the
Extended Section of Alft Lane/Mason Road shall be in substantial conformance with the
Engineering Plans for Daching Business Park entitled "Proposed Improvements for Mason Road
Property-Roadway Improvements" prepared by Manhard Consulting Ltd., dated May 16, 2014,
attached hereto as Exhibit D (hereinafter referred to as the "Engineering Plans"), with such
further revisions as required by the City Engineer. Notwithstanding the foregoing, or anything to
the contrary in the Engineering Plans or in this Agreement, sidewalks and landscaping shall be
provided on both sides of the streets for the Subject Property as part of any construction permit
issued for any portion of the Subject property. The City and the Owner agree to make reasonable
modifications to the Engineering Plans to solve engineering, layout and/or design problems not
reasonably foreseeable at the time of the execution of this Agreement, provided that such
changes are in substantial conformance with the approved Engineering Plans. The parties agree
that changes to planned developments provided for in Section 19.60.200 of the Elgin Municipal
Code, 1976, as amended, may be approved by the City's Development Administrator without
public hearings and without formal amendment to this Agreement.
The City agrees to reasonably consider (and not to unreasonably deny, condition or delay) the
approval of any variation that may be requested by the Owner to the City's stormwater ordinance
which requests a variation from the requirement of a 5 foot maximum allowable water
fluctuation ("bounce") in the detention ponds in order to allow a maximum allowable water
fluctuation (bounce) in the detention ponds of a maximum of 2.5 additional feet, for a total of a
maximum of 7.5 feet of allowable water fluctuations (bounce) in the detention ponds.
D. Owner shall be allowed to seek final approval for the subdivision of portions of
the Subject Property and shall not be required to submit a final plat thereof as a single unit, but
may submit for approval in accordance with applicable ordinances of the City such plats for
phased development of the Subject Property as the Owner may determine, and as the City may
approve. The City shall approve final plats of a planned development, subdivision or
resubdivision as submitted in phases if such plat or plats are consistent with (i) applicable
ordinances, (ii) sound engineering practices (including, without limitation, stormwater practices),
(iii) the Engineering Plans, and (iv) the terms and conditions of this Agreement.
E. Owner shall be responsible at its costs for the construction and installation of
those on-site public improvements and utilities consisting of storm sewers, sanitary sewers, water
mains, streets and appurtenant structures as are needed to adequately service the Subject Property
in accordance with applicable City ordinances and requirements and as are depicted on the
Preliminary Engineering Plans for the Subject Property. Notwithstanding anything to the
contrary in this Agreement, all utilities including, but not limited to, water, sanitary sewer, storm
Page 3 of 25
sewer, telephone, electric, gas and cable television lines, as are needed to service the Subject
Property, whether offsite or onsite, shall be installed underground at Owner's cost. Additionally,
and notwithstanding anything to the contrary in this Agreement, all existing above-ground
utilities on the Subject Property or adjacent thereto, including but not limited to, electric,
telephone and cable television lines, shall be relocated underground at Owner's cost. Adequate
security as provided by law shall also be furnished by Owner for any such improvements. Owner
shall dedicate to the City, and, the City shall accept, all municipal utility easements, including
roadways, water, sanitary sewer, and storm sewer easements to detention/retention facilities, if
any, included in each phase of the project and shall also grant easements to applicable utility
companies for gas, electric, telephone, and cable television; all of such easements and facilities
shall be consistent with the City ordinances and practices regulating condition, placement, use
and size of easements.
F. The Engineering Plans for the Subject Property call for the Owner to extend and
install a sanitary sewer, storm sewer and water main (the "Specified Utilities") from the point on
the south boundary of the Subject Property where the Alft Lane extension begins to the junction
of Alft Lane with Mason Road and proceeding from that point to the east to the eastern boundary
of the Subject property (with such extensions over such distance being hereinafter called the
"Specified Utility Extensions".) Upon completion of such Specified Utilities on or before
December 31, 2014, and the City's acceptance of same, the City agrees to adopt a recapture
ordinance for the benefit of the Owner to collect from the Owner or Owners of benefited
properties to the north of the Subject Property their pro rata share of the cost of such Specified
Utilities. Such benefited properties shall consist of those properties abutting the Subject Property
on the north and identified by Permanent Index Numbers of 03-30-300-009 and 03-30-300-007.
The recapture ordinance shall provide for interest from the time any such improvements are
completed, at the rate as published by the Wall Street Journal as the WSJ Prime Rate plus One
percent (1%) as may be prevailing at the time the recapture ordinance is adopted. Such rate will
be adjusted on January 1 of each year thereafter for the succeeding twelve (12) month period. In
any such recapture ordinance, the City shall determine the amount subject to recapture for such
benefited properties based upon invoices for the Specified Utilities submitted by the Owner to
the City. Recapture shall be based upon an acreage basis of both the Subject Property and the
benefited properties. Any obligations of the City under such recapture ordinance shall be non-
recourse to the City, and shall provide that the City shall not be responsible in the event there is
no development of the property contemplated to be benefited by such improvement or the
recapture fees are otherwise uncollected for any reason. Notwithstanding the foregoing, or
anything else to the contrary in this Agreement, in the event the Owner fails to provide for the
annexation of the Subject Property into the City of Elgin and/or fails to complete the Specified
Utility Extensions and the Extended Section of Alft Lane/Mason Road on or before December
31, 2014, subject to extensions for force majeure, the parties understand and agree that the City
will not be adopting the recapture ordinance for the benefit of the Owner for the Specified Utility
Extensions.
4. Intentionally Omitted.
Page 4 of 25
5. A. Owner shall comply with the Elgin Municipal Code Title 17--Development
Impact Fees, as amended, and pay the fees when due as required therein. Owner further agrees
to pay to the City a Development Contribution for Roadways in the amount of$2,333.98 per
1,000 square feet of non-residential building development or fraction thereon on the Subject
Property, not to exceed $53,054.00 per non-residential building. Such Development
Contributions for Roadways shall be paid on a per unit basis (per building) concurrent with the
issuance of a building permit. Owner further agrees to comply with City of Elgin Ordinance
No. G3-02 and shall pay to the City the Public Building Capital Improvement Contribution as
required therein. Such fee shall be paid on a per unit basis (per building) concurrent with the
issuance of the building permit Owner hereby represents and agrees that Owner is paying the
fees and contributions to the City provided for in this paragraph and this Agreement as an
inducement to the City to annex the Subject Property. Owner further agrees that the
contemplated fees and cash contributions to the City for the improvements which may
ultimately be constructed by the City, with such fees and cash contributions are acknowledged
and agreed to be specifically and uniquely attributable to the future development of the Subject
Property and the public improvements contemplated by such fees and cash contributions will
not otherwise be anticipated by the City, absent the annexation of the Subject Property. Owner
on behalf of himself and his successors, assigns and the grantees of his properties, further
hereby acknowledges the propriety, necessity, and legality of the fees and contributions
provided for in this paragraph in this Agreement and does further hereby agree and does waive
any and all rights to any and all legal or other challenges or defenses to the fees and
contributions provided for in this paragraph and in this Agreement and hereby agrees and
covenants on behalf of himself and his successors, assigns and the grantees of his properties, not
to sue the City or maintain any other legal action or defense against the City with respect to
such fees and contributions.
B. The calculation of the City's impact fees under current ordinances is attached
hereto as Exhibit E. Notwithstanding anything to the contrary in this Agreement, it is agreed
and understood that the Subject Property and the Owner and Owner's successors and assigns
shall be subject to and shall be required to pay any and all new and/or increased fees or other
contributions that are (i) imposed or adopted by the City and (ii) applicable to other properties
of similar use. Nothing herein prevents the Owner from prepaying any impact fees in order to
avoid subsequent impact fee increases.
6. A. The parties agree that Alft Lane (now terminating at the south boundary of
the Subject Property) is to be further extended from its current terminus to the north through the
Subject Property connecting with Mason Road and continuing with additional improvements to
Mason Road to a terminus at or near the intersection of the northeast corner of the Subject
Property and the south right-of-way line of Mason Road (with such further extension of Alft
Lane and improvements to Mason Road to the northeast corner of the Subject Property being
hereinafter called the "Extended Section of Alft Lane /Mason Road"). Owner shall dedicate to
the City without cost the proposed right of way for the portion of the Extended Section of Alft
Lane/Mason Road that will traverse through the Subject Property and any other right of way for
proposed public streets through the Subject Property. Owner shall provide for the construction
Page 5 of 25
of the Extended Section of Alft Lane /Mason Road at its cost pursuant to final engineering plans
approved by the City Engineer. Owner shall provide for the construction of such Section of
Alft Lane /Mason Road as part of the initial development activities on the Subject Property and
shall complete such Extended Section of Alft Lane /Mason Road prior to the issuance of any
occupancy permits on the Subject Property. For the purpose of further clarification, Owner's
responsibility to construct the Extended Section of Alft Lane/Mason Road shall also include the
extension of a twelve (12) inch watermain through the entire Extended Section of Alft Lane
/Mason Road.
B. Upon Owner's completion of the Extended Section of Alft Lane /Mason Road on
or before December 31, 2014, and the City's acceptance of same, the City agrees to adopt a
recapture ordinance for the benefit of the Owner to collect from the owner or owners of
benefited properties their pro rata share of the costs to design and construct the Extended
Section of Alft Lane /Mason Road, together with interest thereon as set forth in IF above. Such
recapture ordinance shall be in a form substantially the same as the Recapture Ordinance
attached hereto as Exhibit F. The City shall determine the amount subject to recapture based
upon invoices for the Extended Section of Alft Lane /Mason Road submitted by the Owner and
upon other documentation deemed appropriate by the City's Corporation Counsel. Any
obligations of the City under such recapture ordinance shall be non-recourse to the City, and
shall provide that the City shall not be responsible in the event there is no development of the
property contemplated to be benefited by such improvements or the recapture fees are otherwise
uncollected for any reason. Notwithstanding the foregoing, or anything else to the contrary in
this Agreement, in the event the Owner fails to provide for the annexation of the Subject
Property into the City of Elgin and/or fails to complete the Specified Utility Extensions and the
Extended Section of Alft Lane/Mason Road on or before December 31, 2014, subject to
extensions for force majeure, the parties understand and agree that the City will not be adopting
the recapture ordinance for the benefit of the Owner for the Extended Section of Alft
Lane/Mason Road.
C. Owner shall commence with the construction of the Specified Utility Extensions
and with the Extended Section of Alft Lane/Mason Road on or before August 1, 2014, and shall
complete all such improvements on or before December 31, 2014, subject to extensions for
force majeure.
D. Owner and Owner further understand and agree that future roadway plans for the
area include the further improvements to existing Mason Road from the proposed intersection
of Alft Lane and Mason Road westerly to Tyrell Road along the current pathway of existing
Mason Road to Tyrell Road (with such improved section of Mason Road being hereinafter
called the "Third Extended Section of Mason Road "). Upon the completion of the Third
Extended Section of Mason Road the City may adopt a recapture ordinance for the benefit of
the party constructing such Third Extended Section of Mason Road to collect from the owner or
owners of benefited properties their pro rata share of the cost of such Third Extended Section of
Mason Road. Such recapture ordinance shall be in a form substantially the same as the
Recapture Ordinance attached hereto as Exhibit F. Owner and Owner hereby consent to such a
Page 6 of 25
recapture ordinance for the Third Extended Section of Mason Road and Owner agrees to pay the
recapture amount for the Subject Property when due as provided in such a recapture ordinance.
Any obligations of the City under such a recapture ordinance shall be non-recourse to the City,
and shall provide that the City shall not be responsible in the event there is no development of
the property contemplated to be benefited by such improvements or the recapture fees are
otherwise uncollected for any reason.
E. In consideration of the Owner's acquisition of the Subject Property and the
annexation of the Subject Property into the City of Elgin, and Owner providing for the
development of the Subject Property, including completing the Specified Utility Extensions and
the Extended Section of Alft Lane/Mason Road, the City agrees to and shall waive the recapture
payment due the City from the Subject Property arising from City of Elgin Ordinance Number
G113-06 recorded January 29, 2007, as document number 2007KO12459 allocating the costs of
certain Roadway Improvements to benefitted properties. For the purpose of clarification, the
Subject Property is identified in such Ordinance No. G113-06 as Parcel 11 and pursuant to such
ordinance the Subject Property has a principal recapture amount of $174,000 plus interest as
provided for in such ordinance. Notwithstanding the foregoing, or anything else to the contrary
in this Agreement, in the event the Owner fails to provide for the annexation of the Subject
Property into the City of Elgin and/or fails to complete the Specified Utility Extensions and the
Extended Section of Alft Lane/Mason Road on or before December 31, 2014, the parties
understand and agree that the City will not be waiving the recapture payment due for the
Subject Property pursuant to Ordinance Number G113-06.
7. Owner shall cause all portions of Subject Property depicted on development
plan(s) or plat(s) of subdivision as hereinafter approved by the City as wetlands, screening berms
and entry ponds, common open space area, storm water retention areas, and dry detention areas
either to be retained by Owner or to be conveyed to a Property Owners Association or
associations consisting of the owners of all property located in areas designated by Owner,
unless said areas are to be dedicated for public ownership and maintenance at the City's request.
A Declaration or Declarations of Covenants, Conditions and Restrictions requiring that the
Association or associations own and maintain areas conveyed thereto shall be submitted to City
for review and approval prior to final plat approval, said Declaration to be filed for recording, at
Owner's expense, with the final plat of the applicable phase of Subject Property as Owner may
determine.
8. Except as specifically permitted pursuant to variation or planned development
approval, or paragraphs 9 and 10 of this Agreement, all aspects of the development and use of
the Subject Property and construction and installation of improvements thereon, both on-site and
off-site, shall comply fully with all applicable City ordinances and codes.
9. If during the term of this Agreement, any existing, amended, modified or new
ordinances, codes or regulations of general applicability throughout the community to a land
Owner or subdivider affecting the installation of land improvements (streets, underground
utilities, sidewalks, curbs and gutters) upon the Subject Property are amended or modified in any
Page 7 of 25
manner to impose additional requirements on the installation of land improvements within the
City, the burden of such additional requirements shall not apply to the Subject Property. This
section shall not apply to any changes in fees imposed by the City. City agrees that there shall be
no unreasonable or discriminatory changes in the method of calculation of fees applicable to the
Subject Property.
10. If, during the term of this Agreement, any existing, amended, modified or new
ordinances, codes or regulations affecting the zoning, subdivision, development, construction of
improvements, buildings or appurtenances or other regulatory ordinances regarding the public
health, safety and welfare are amended or modified in any manner to impose less restrictive
requirements on the development of, or construction upon, properties within the City, then the
benefit of such less restrictive requirements shall inure to the benefit of Owner, and anything to
the contrary contained herein notwithstanding, Owner may elect to proceed with respect to the
development of, or construction upon, the Subject Property upon the less restrictive amendment
or modification applicable generally to all properties within City.
11. City hereby agrees to allow Owner to tie into the existing sanitary sewer lines of
the City, at Owner's expense, subject to payments required under any outstanding reimbursement
ordinances, and with payment of all applicable fees. At Owner's expense, City agrees to
cooperate with Owner in obtaining all necessary Illinois Environmental Protection Agency
(IEPA) permits required for such sanitary sewer systems and tie-ins. Owner shall bear all costs
for extensions, tie-ins, and permits consistent with applicable City ordinances. Owner shall be
responsible for the extension of sewer lines to the far edges of the Subject Property subject to
review and approval by the City Engineer. Owner shall install sewer line extension
improvements on the Subject Property in compliance with the Final Engineering Plan approved
by the City Engineer for each phase of the development.
12. City hereby agrees to allow Owner to tie into the existing water lines of the City,
at Owner's expense, subject to payments required under any outstanding reimbursement
ordinances, and with the payment of applicable fees. At Owner's expense, City agrees to
cooperate with Owner in obtaining all necessary Illinois Environmental Protection Agency
(IEPA) permits required for such water main extensions and tie-ins. Owner shall bear all costs
for extensions, tie-ins and permits consistent with applicable City ordinances. Owner shall be
responsible for the extension of water mains to the far edges of the Subject Property subject to
review and approval by the City Engineer. Owner shall install water line extension
improvements on the Subject Property in compliance with the Final Engineering Plan approved
by the City Engineer for each phase of the development.
13. Upon review and recommendation by the City Engineer, the City Council shall
accept all public rights-of-way and improvements located thereon, sanitary sewers, storm
drainage sewers and water mains lying within public rights-of-way or public easements on the
Subject Property. Any improvements located in private rights-of-way shall be installed in
easements dedicated for and acceptable to the City. The sewer and water service lines (from the
buffalo box to the residential or commercial unit, as the case may be) shall not be owned or
Page 8 of 25
maintained by the city. Owner shall replace or repair damage to public improvements installed
within, under or upon the Subject Property resulting from construction activities by Owner and
its employees, agents, contractors and subcontractors prior to final acceptance by the City, but
shall not be deemed hereby to have released any such other part from liability or obligations in
this regard. Acceptance of public improvements by the City shall be consistent with applicable
City ordinances. Notwithstanding the foregoing or anything to the contrary in this Agreement, if
water mains to be constructed on the Subject Property are not to be located within the public
right of way, Owner shall dedicate a twenty (20) foot wide permanent and exclusive easement to
the City with terms acceptable to the Corporation Counsel.
14. Intentionally Omitted.
15. All structures to be constructed on the Subject Property shall be designed and
constructed in conformance with the requirements of the planned development ordinance(s)
enumerated in paragraph 3 hereof.
16. This Agreement shall be enforceable in any court of competent jurisdiction by any
of the parties or by an appropriate action at law or in equity to secure the performance of the
covenants herein contained. Notwithstanding the foregoing, no action shall be commenced by
the Owner and/or any of his successors and/or assigns against the City for monetary damages.
17. This Annexation Agreement shall be in effect for a period of twenty (20) years
from the date of execution hereof and shall be binding upon and inure to the benefit of the parties
hereto, and their heirs, successors and assigns of all or any part of the Subject Property.
18. Owner shall be responsible for costs associated with filing and recording of the
plat of annexation and any plat or plats of subdivision or planned development for the Subject
Property.
19. If any provision of this Agreement is held invalid by a court of competent
jurisdiction or in the event such a court shall determine that the City does not have the power to
perform any such provisions, such provisions shall be deemed to be excised herefrom and the
invalidity thereof shall not affect any of the other provisions contained herein. Such judgment or
decree shall relieve the City from performance under such invalid provision of this Agreement.
20. This Agreement can be amended, in writing, at any time, by the mutual consent of
all parties to this Agreement, in the manner provided by law.
21. The City agrees that, prior to the issuance of final plat approval the City shall, at
the request of the Owner, promptly issue to the Owner such permits as may be required to permit
the Owner to proceed with the mass grading required for the construction of the Development;
provided, however, that as a condition to the issuance of such permits, (a) Owner shall be
required to submit to the City all of those matters required by Title 21 of the EMC and to obtain
development permits as required by said Title 21, and (b) all other approvals (if any) required by
law to have been obtained by the Owner from other governmental agencies as a condition to the
Page 9 of 25
commencement of such work shall have been obtained.
22. The City agrees that there shall be no unreasonable or discriminatory increases or
changes in the method of calculation of development fees compared to similar fees and charges
of general applicability throughout the City imposed by the City which are in effect as of the date
hereof.
23. After the annexation of the Subject Property to the City, it is agreed that the City
shall create and establish a Special Service Area for the Subject Property pursuant to 35 ILCS
200/27-5, et seq., as amended, to provide the City with the source of revenue for maintaining,
repairing, reconstructing or replacing the stormwater drainage system, detention and retention
areas, special management areas or other improvements located on the Common Area of the
Subject Property should the Owner or the property owners association owning the land on which
such facilities or improvement are located fail to perform maintenance, repair, reconstruction or
replacement in accordance with City ordinances or other applicable requirements of law. The
Owner, Owner and any of their successors in interest agree to and do hereby waive any and all
protests, objections and/or rights to petition for disconnection regarding such Special Service
Area for the Subject Property. The Special Service Area is for the exclusive purpose of creating
a revenue source to the City for the referenced maintenance, repairs, reconstruction or
replacement and are not intended and shall not be construed to create an obligation of the City to
provide for such maintenance, repairs, reconstruction or replacement.
24. Intentionally omitted.
25. Whenever consent or approval of the City is required in order for Owner to
accomplish the purpose and intent hereof, such consent shall not be unreasonably withheld,
conditioned, or unduly delayed. If such consent or approval is denied, such denial shall be in
writing and shall specify the reason or reasons for such denial.
26. Except as may be required pursuant to the Kane County stormwater management
ordinance, the City shall issue no stop orders directing work stoppages on buildings or parts of
the Subject Property without setting forth the alleged violations in writing, and Owner shall
forthwith proceed to correct such violations as may exist; provided, however, that the City shall
give notice to Owner of its intention to issue stop orders in advance of the actual issuance of such
stop orders, except in the event an emergency is deemed to exist by the City.
27. The City agrees to issue, within a reasonable time after initial submission, review,
and approval of building construction plans, and the payment of required building permit fees
and all other applicable fees, all necessary building and other permits for the construction of any
and all improvements on the Subject Property or issue a letter of denial within said period of
time informing Owner and the applicant as to wherein the application does not conform to the
stated section of the Code. At the Owner's request, the City shall issue up to three (3) separate
building permits for any proposed construction on a lot within the Subject Property, with such
phases to be as follows:
Page 10 of 25
Phase 1: Mass grading, the installation of underground utilities, and
foundation installation.
Phase Il: Construction of the shell of the building.
Phase III: Plumbing, electrical and mechanical improvements and other
interior and site improvements.
The issuance of building permits, in and of themselves / itself, shall not be construed as a
guarantee that a Certificate of Occupancy shall be issued, it being the intention of the parties that
the issuance of a Certificate of Occupancy shall be subject to the provisions of Paragraph 28
hereof.
28. The City agrees to issue Certificates of Occupancy within a reasonable time
(which, in any event, shall not exceed ten (10) days) after application or to issue a letter of denial
within said period of time informing Owner and the individual or entity to whom the building
permit was issued specifically as to those corrections necessary as a condition to the issuance of
a Certificate of Occupancy and quoting the section of the Code relied upon by the City in its
request for correction. The City agrees that Certificates of Occupancy (temporary or permanent,
as the case may be) shall be issued upon (a) proper application of the appropriate party, (b)
compliance with all applicable building codes, zoning ordinance requirements and other
applicable requirements of law, and (c) receipt and approval by the City of a performance bond
(or a suitable alternative such as an irrevocable letter of credit or a cash deposit) covering one
hundred twenty-five (125%) percent of the cost of any incomplete site work. The City shall
allow one master bond at a mutually agreed upon amount to cover any incomplete work, which
amount shall be increased in the event the City determines that the amount of the bond is
insufficient.
29. A. It is understood that prior to the construction of any streets or any other public
improvements, Owner shall submit the required plans, final plat, specifications and engineer's
estimate of probable cost, for approval by the City Engineer, as provided herein, after which and
upon providing the required surety bond, the Owner may proceed to construct said streets and
other public improvements. The surety bond shall be subject to reduction when and as provided
in Section 18.20.050C of the City's Municipal Code.
B. The acceptance of public improvements by the City shall (i) be accomplished
within a reasonable time after notice of completion by Owner and full compliance with
applicable codes and ordinances, (ii) follow the posting by Owner of a guarantee bond
acceptable to the City in accordance with applicable ordinances, and (iii) be made only by the
passage of a resolution by the City Council of the City after filing with the City Clerk of a
certificate by the City Engineer certifying that all such improvements have been completed and
the construction or installation thereof has been approved by him. If appropriate under the
circumstances, such acceptance shall be in phases, as such phases are complete.
Page 11 of 25
C. From and after the acceptance of any public improvements by the City, such
public improvements shall be maintained, reconstructed, repaired, and replaced by the City and
all cost and expense of operation, maintenance, repair, reconstruction, and replacement of such
public improvements shall be the sole responsibility of the City. Warranty period bonding or a
suitable alternative (such as an irrevocable letter of credit or a cash deposit) shall be provided in
accordance with ordinances of the City.
D. It shall be a condition to the City's obligation to accept dedication of any public
improvement that the dedication of such improvement be accompanied by the grant of
appropriate easements to permit the City to carry out its responsibilities with respect to such
improvements.
30. Notwithstanding anything to the contrary in this Agreement, and addition to any
other fees or contributions due or which may be due from the Owner, Owner hereby consents
and agrees on behalf of himself, and his successors, assigns and grantees of the Subject Property
to pay the recapture and/or reimbursement for the costs of a portion of any offsite public
improvements constructed by the City and/or others, including, but not limited to, storm sewers,
sanitary sewers, lift stations, watermains, and/or streets, and appurtenant structures, pursuant to
any recapture and/or reimbursement ordinance(s) heretofore adopted by the City in such amounts
as determined by the City. A listing of such recaptures and/or reimbursements due from the
Owner are listed in Exhibit G attached hereto and made a part hereof. Notwithstanding the
foregoing, the Owner's obligation to make payment pursuant to recapture Ordinance G 113-06 is
subject to the provisions of Section 6E of this Agreement. Owner hereby acknowledges the
propriety, necessity and legality of the recaptures and/or reimbursements referred to in this
section and in this Agreement, heretofore adopted by the City, and does hereby agree and does
waive any and all rights to any and all legal or other challenges or defenses to such recaptures
and/or reimbursements and covenants on behalf of himself and his successors, assigns and
grantees of the Subject Property, not to sue the City and/or any other person or entity or maintain
any legal action or defense against the City and/or other person or entity with respect to such
recaptures and/or reimbursements.
31. The parties hereto agree that there has been taken all action required by law,
including the holding of such hearings as may be required, to bring about the amendments to the
Zoning Ordinance of the City and other related ordinance amendments as may be necessary or
proper in order to zone and classify the Subject Property so as to enable the same to be used and
developed as contemplated herein and to enable the parties to execute this Agreement and fully
carry out the covenants, agreements, duties, and obligations created and imposed by the terms
and conditions hereof.
32. Intentionally omitted.
33. Prior to the commencement of the construction and final plat approval for each
unit, the Owner shall submit to the City Zoning Administrator a plan showing the location of all
proposed temporary construction trailers/offices, including parking areas, fencing, signage and
Page 12 of 25
landscape treatment. Said plan shall also indicate the one general location of where all
construction and material storage trailers shall be located. The Owner shall be permitted a
minimum of one (1) construction trailers and one (1) material storage trailers per building. The
Owner shall have the right to use the construction and material storage trailers for the purpose of
its construction until construction on a site is completed. The Owner shall keep such area free of
debris and rubbish and keep the area free of weeds and in a mowed condition, and the City may
inspect such area from time to time to determine that Owner is in compliance with its obligations
hereunder.
34. The Owner shall pay (or reimburse the City for payment of) the disconnection fee,
if any, payable to the Rutland Dundee Fire Protection District under the provisions of 70 ILCS
705/20 (e). At the time of annexation, the Owner shall deposit with the City the amount of such
disconnection fee; provided, however, that if such disconnection fee cannot be determined with
precision, then the Owner shall deposit with the City the estimated amount of such disconnection
fee (based on the last ascertainable tax bill), and upon the issuance of the final tax bill upon
which such calculation and loss, according to statute, be based, the City and the Owner shall
equitably readjust the amount of such payment.
35. This Agreement is and shall be deemed and construed to be the joint and
collective work product of the City and Owner and, as such, this Agreement shall not be
construed against any party, as the otherwise purported drafter of same, by any court of
competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict in
terms or provisions, if any, contained herein.
36. Notwithstanding anything to the contrary contained in Paragraph 16 of the
Agreement, it is agreed that the parties hereto shall have the following rights and remedies in the
event of a breach or default hereunder.
(a) enforce or compel the performance of this Agreement, at law or in equity
by suit, action, mandamus, or any other proceeding, including specific
performance;
(b) maintain an action to recover any sums which the other party has agreed to
pay pursuant to this Agreement and which have become due and remain
unpaid for more than 15 days following written notice of such
delinquency.
It is expressly acknowledged and agreed that except as provided in subparagraph (b)
above, no party shall have the right to seek or recover a judgment for monetary damage against
any other party or their respective officers, directors, employees, agents or elected public
officials.
37. This Agreement is adopted pursuant to the provisions of the Illinois Municipal
Code; provided, however, that any limitations in the Illinois Municipal Code in conflict with the
Page 13 of 25
provisions of this Agreement shall not be applicable, and as to all such provisions the City
hereby exercises its powers pursuant to the provisions of Article VII, Section 6 of the
Constitution of the State of Illinois. Simultaneously with the annexation of the Subject Property
and without further public hearings, the City agrees, to the extent it may lawfully do so, to adopt
such ordinances as may be necessary to effectuate the use of its home rule powers. City
recognizes and agrees that the entry into this Agreement, the annexation of the Subject Property
to the City, and the zoning of the Subject Property as set forth in Paragraph 3 hereof, are upon
the express reliance by Owner that the terms and provisions of this Agreement shall be valid for
the term set forth in Paragraph 17 hereof and that the City shall take no action which shall in any
way be contrary to, or inconsistent with, the terms and provisions of this Agreement.
38. The provisions contained herein shall survive the annexation of the Subject
Property and shall not be merged or expunged by the annexation of the Subject Property or any
part thereof to the City. This Agreement shall be construed under the laws of the State of
Illinois. The parties agree that venue shall be proper only in the Circuit Court for the Sixteenth
Judicial Circuit, Kane County, Illinois.
39. Intentionally Omitted.
40. Notices or other writings which any party is required or may wish to serve upon
any other party in connection with this Agreement shall be in writing and shall be delivered
personally or sent by registered or certified mail, return receipt requested, postage prepaid, or by
a nationally recognized overnight courier, prepaid, addressed as follows:
If to the City or to the Corporate Authorities:
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Attention: City Clerk
With a copy to: City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Attention: Corporation Counsel
If to Owner:
David Huang
2505 Bath Rd.
Elgin, IL 60124
With a copy to:
Early, Tousey, Regan& Wlodek
Attention: John E. Regan
2400 Big Timber Rd., Ste 201 A
Elgin, Illinois 60124
Page 14 of 25
41. If the Subject Property, or portions thereof, are currently used for the planting,
harvesting, housing, storage and selling of soil grown crops then the Subject Property or the
portions thereof used for such purposes may continue to be used from time to time for the
planting, harvesting, housing, storage and selling of soil crops grown on the Subject Property as
lawful nonconforming uses until such time as another use allowed under the City of Elgin
Zoning Ordinance is established or until it is under development as provided herein.
42. It is agreed that time is of the essence of this Agreement and each and every term
and condition hereof and that the parties shall make every reasonable effort to expedite the
matters included herein.
43. The City and Owner agree to take all steps necessary or appropriate to carry out
the terms of this Agreement and to aid and assist the other party, including enactment of such
resolutions and ordinances and the taking of such other actions as may be necessary or desirable
to enable the parties to comply with and give effect to the terms of this Agreement.
44. This Agreement shall insure to the benefit of, and be binding upon, the parties
hereto, the successors in title of the Owner, and each of them, their respective successors,
grantees, lessees, and assigns, and upon successor corporate authorities of the City and successor
municipalities.
45. This Agreement may be executed in any number of counterparts and duplicate
originals, each of which shall be deemed an original, but all of which shall constitute one and the
same instruments.
46. This Agreement constitutes a covenant running with the land composing the
Subject Property, binding upon the parties hereto, the successors in title of the Owner and each
of them, all grantees, successors, and assigns of the respective parties hereto, including successor
corporate authorities and successor municipalities of the City. The City may record a
memorandum of annexation agreement placing of record the terms, provisions and obligations of
this Agreement.
47. In the event any phrase, paragraph, article or portion of this Agreement is found to
be invalid or illegal by any court of competent jurisdiction, such finding of invalidity as to that
portion shall not affect the validity, legality or enforceability of the remaining portions of this
Agreement.
48. The Owner and any of the Owner's successors in interest shall not file, cause to
be filed, or take any action that would result in the disconnection or deannexation of the Subject
Property from the City of Elgin during the term of this Agreement. Without limiting the
foregoing, the Owners on behalf of himself and any of his successors in interest hereby waive
any and all rights, statutory or otherwise, to disconnect the Subject Property from the City of
Elgin.
Page 15 of 25
49. It is agreed that in the event the Owner and/or Owner or any of the Owner and/or
Owner's successors in interest as to any portion of the Subject Property propose to amend this
Agreement or the PORI zoning ordinance referred to in Paragraph 3 of this Agreement, above,
then any such proposed amendment shall require the amendment of this Agreement upon the
terms and conditions which are acceptable to the City, in the City's sole discretion. However,
with respect to any such proposed amendment:
A. While the Owner owns any portion of the Subject Property (either in the name of
the Owner of in the name of an affiliate of the Owner), then no such amendment shall be
approved by the City without the consent of the Owner; and
B. Subject to the requirements of subparagraph 49A above, only the written approval
of the legal titleholder of that portion of the Subject Property that is proposed to be affected by
the amendment shall be required to effect the initiation of a proposed amendment to this
Agreement or the PORI zoning ordinance as to such portion of the Subject Property.
50. Upon the entry into and execution of this Agreement and the annexation of the
Subject Property into the City of Elgin pursuant to the terms hereof on or before August 1 , 2014,
it is agreed that the previous agreement between the City and the Owner dated January 22, 2014,
relating to the Subject Property and certain Roadway Improvements (as defined therein) shall be
deemed terminated and null and void, it being the intent of the parties that the terms of this
Agreement shall supersede and control.
51. Owner shall provide to the City upon request of the City a written status report
regarding the development of the Subject Property with information therein as requested by the
City which may, include among other matters, the current status of sale activities with respect to
the subject development of the Subject Property.
52. To the fullest extent permitted by law, Owner agrees to and shall indemnify,
defend and hold harmless the City, its officials, officers, employees, attorneys, agents, boards
and commissions from and against any and all third party claims, suits, judgments, costs,
attorney's fees, expert witness fees and expenses, damages or other relief, in any way resulting
from or arising out of or alleged to be resulting from or arising out of the existence of this
Agreement, the provisions of this Agreement, the performance of this Agreement, the annexation
of the Subject Property, the zoning of the Subject Property, the development approvals provided
for in this Agreement and/or any other actions of the parties hereto provided for or arising from
this Agreement. In the event of any action against the City, its officials, officers, employees,
agents, attorneys, boards or commissions covered by the foregoing duty to indemnify, and
defend and hold harmless, such action shall be defended by legal counsel of the City's choosing
the cost of which shall be paid for by the Owner. Additionally, in the event of such third party
action the Owner agrees to the extent permitted by law upon the written request from the City to
attempt to intervene in such proceedings and at Owner's expense to join the City in the defense
thereof.
Page 16 of 25
53. Owner on behalf of himself and his successors, assigns and grantees of his
properties, hereby acknowledges the propriety, necessity and legality of all of the terms and
provisions of this Agreement, including but not limited to, the zoning ordinances referred to in
this Agreement and the various fees, contributions, recaptures, reimbursements, dedications
and/or improvements provided for in this Agreement, and does further hereby agree and does
waive any and all rights to any and all legal or other challenges or defenses to any of the terms
and provisions of this Agreement and hereby agrees and covenants on behalf of himself and his
successors, assigns and grantees of his properties not to sue the City or maintain any legal action
or other defenses against the City with respect to any challenges of the terms and provisions of
this Agreement.
IN WITNESS WHEREOF, the City and the Owner have hereunto set their hands and
seals and have caused this instrument to be executed by their duly authorized officials and the
corporate seal affixed hereto, all on the day and year first above written.
CITY OF ELGIN, a municipal OWNER:
corporation DAVID UANG
By:
Mayor Title: ER
Att s
City Clerk
FALegal Dept\Agreement\Annexation Agreement-Huang-Daching Business Park-clean-7-1-14.docx
Page 17 of 25
EXHIBITS
Exhibit A: Legal Description of Subject Property
Exhibit B: Annexation Plat
Exhibit C: PORI Zoning Ordinance
Exhibit D: Engineering Plans
Exhibit E: Calculation of City Impact Fees
Exhibit F: Recapture Ordinance for Extended Section of Alft Lane/Mason Road
Exhibit G: Listing of Recaptures and/or Reimbursements Due
Page 18 of 25
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
The Northeast '/4 of the Northwest 1/a and the Northwest 1/4 of the Northwest 1/4
(except the North 10.50 chains of said Northwest 1/4 of the Northwest 1/4), of
Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, in
the Township of Dundee, Kane County, Illinois.
PIN: 03-31-100-002
Page 19 of 25
_ GRAPHIC SC-LE SURVEY PREPARED FOR PLAT OF ANNEXATION
c a else rrn I. R01D TO THE CITY OF ELGIN, KANE COUNTY, ILLINOIS
LrGAL DESCRIPTION ANNEXED AREA
BASIS OF BEAM—
r, rouo.l MERE ARE NO HABITABLE STRUCTURES ,i rwnxlrauul x, r a—T m,R, ;.TS,I.I SO1A.E rttr(en,l.,ao t)
�SPnI ors.corms•, OR ELECTORS ON ME PROPERTY
NOLLAOE OfF OI6$EW4$ KAM COMTtl mule°.>»,smlx.csr ,Rlu mPo$aDBD9VOD @® I CITY OF EL®EIN
UDPo$�®OItlODEO ORPORATE LINTS a.scc _ _ -CORPORATE LWM72
.m ro:T.S,,m xw"c°,>!a rowo T L_ _
_ __—_ —__— —__—MASON__—ROAD
.j 31 __i_..—__—_____—_____—__�_ ND9"39'IYE1720.79' __—__
Z4
a THE BESAL SMBDItl18IORf "�". • � sy F 7�•
m it�§m,A°'.s r -l T ar ME xoRrNwLST E auu+E rtR a sEC.v-a-e) R V Y '7O ®9m�.b e°
�N=1
ij M M
(xOM 10,5 HNe Ntlr WAA d
ti„ d z=I
�k' XR 8s bb P�p Optp.ceeFc.
k b . 3 Y O O SSS
�. tl066A®E OR BBLBER4$ lI118UBDIVDEO €• -
CORPORATELWATS w'c m �: [a
N$9.1.11;=E v.E 2IL 1.8Yrm �M P
bb ®�
a � 3
b
9�
Y�
HEREBY ANNEXED TO o OBnTLOp
THE C ITY OF ELGIN u
ag
®„ 4 Og �d
w€.
jg;9 'tt� gbb a_ Q Z F
in
Z
4k¢ z J Q
hip oo W LL
�® N C
Y9'11'W 26,116,611' .^.. l..)
!s CPdtl O0:ELQ1H @x 0 I44 OIF ELeRIPo I f3Y
COWPOWATE
LIMITS 6®T S LOT E RS COWPOWAT.L..T$
F RAPoDAL6 CRO_"%G B.U32 ESS PARK RE'-D0l0$DORI P 608 9 OR
L®T RAPoDALL CROS80PoO B4.SmtlE$S PQW[3 LOT 9
ra
.II��IwIa�iTMTM...°.. °`o°"." w,m,M w. .o m wo,x�..Iwo.xo>:•w.R�—o,.o< — .�.„
GENERAL NOTES �� — D m m we�R.a. u . _°,., °^ w°,a ,g, FOR REVIEW ONLY `°`�csn `
.�w.�.
nk ie •..� - IAEL: ,zen
7/1/2014 Ordinance No. GXX-14
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT
(2601 Mason Road)
WHEREAS, the territory herein described commonly known as 2601 Mason Road, has
been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory in the PORI
Planned Office Research Industrial District; and
WHEREAS, the Planning & Zoning Commission conducted a public hearing after due
notice by publication and has submitted its Findings of Fact and recommended approval; and
WHEREAS, the City Council of the City of Elgin concurs in the Findings and
Recommendation 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 April 7, 2014, 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 Chapter 19.08, Section 19.08.020 entitled "Zoning District Map" of the
Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto
the following paragraph:
The boundaries hereinafter laid out in the `Zoning District Map', as amended, be and are
hereby altered by including in the PORI Planned Office Research Industrial District the
following described property:
The Northeast 1/4 of the Northwest 1/4 and the Northwest 1/4 of the Northwest 1/4
(except the North 10.50 chains of said Northwest 1/4 of the Northwest 1/4), of Section
31, Township 42 North, Range 8 East of the Third Principal Meridian, in the Township of
Dundee, Kane County, Illinois. (Commonly known as 2601 Mason Road).
Section 3. That the City Council of the City of Elgin hereby grants the rezoning from F
Farming District in Kane County to PORI Planned Office Research Industrial District at 2601
Mason Road which shall be designed, developed, and operated subject to the following
provisions:
A. Purpose and Intent. The purpose of the PORI Planned Office Research
Industrial District is to provide an industrial environment that fosters a sense of
place and destination within a coordinated campus or park setting through the
applicable site design regulations, subject to the provisions of chapter 19.60 of the
zoning ordinance. A PORI zoning district is most similar to, but departs from the
standard requirements of the ORI zoning 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, as amended. The exclusion of such symbol shall
not exempt such word or phrase from the applicable supplementary regulation.
C. General Provisions. In this PORI 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, as may be amended from time to time.
D. Zoning Districts - Generally. In this PORI Planned Office Research Industrial
District, the use and development of land and structures shall be subject to the
provisions of Chapter 19.07, Zoning Districts, as may be amended from time to
time.
E. Location and Size of District. The PORI Planned Office Research Industrial
District should be located in substantial conformance to the official
comprehensive plan. The amount of land necessary to constitute a separate PORI
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. No departure from the
required minimum size of a planned district shall be granted by the City Council.
F. Land Use. In this PORI Planned Office Research Industrial District, the use and
development of land and structures shall be subject to the provisions of Chapter
19.10, Land Use, of the Elgin Municipal Code, as amended. The following land
uses shall be the only permitted uses allowed within this PORI zoning district.
A. Permitted Uses: The following enumerated land uses shall be the only land
uses allowed as a permitted use in the ORI Office Research Industrial District:
1. Municipal services division:
Public parks, recreation, open space (UNCL) on a "zoning lot" [SR]
containing less than two (2) acres of land.
2. Offices division:
"Offices" [SR] (UNCL).
3. Finance, insurance, and real estate division:
"Development sales offices" [SR] (UNCL).
Finance, insurance, and real estate (H).
2
4. Services division:
Advertising (731).
Carpet and upholstery cleaning agents without plants on the premises (7217).
Commercial, economic, sociological, and educational research (8732).
Commercial physical and biological research(8731).
Computer programming, data processing, and other computer related
services (737).
Computer rental and leasing (7377).
Consumer credit reporting agencies, mercantile reporting agencies, and
adjustment and collection agencies (732).
Detective and guard services (7381).
Electrical and electronic repair shops (7629).
Engineering, accounting, research, management, and related services (87).
Home healthcare services (808).
"Hotels and motels" [SR] (701).
Job training and vocational rehabilitation services (833).
Legal services (811).
Libraries (823).
Linen supply (7213).
Mailing, reproduction, commercial art and photography, and stenographic
services (733).
Management and public relations services (874).
Medical and dental laboratories (807).
Motion picture distribution and allied services (782).
Motion picture production and allied services (781).
News syndicates (7383).
Noncommercial research organizations (8733).
Offices and clinics of dentists (802).
Offices and clinics of doctors of medicine (801).
Offices and clinics of doctors of osteopathy (803).
Offices and clinics of other health practitioners (804).
Other schools and educational services (829).
Outdoor advertising services (7312).
Personnel supply services (736).
Photofinishing laboratories (7384).
Professional sports operators and promoters (7941).
Refrigerator and air conditioning service and repair(7623).
Reupholstery and furniture repair(764).
Security systems services (7382).
Tax return preparation services (7291).
Testing laboratories (8734).
Theatrical producers (792).
Vocational schools (824).
Watch, clock, and jewelry repair(763).
5. Retail trade division:
3
Automatic merchandising machine operators (5962).
Catalog and mail order houses (5961).
Direct selling establishments (5963).
6. Agricultural division:
Crop services (072).
Farm labor and management services (076).
Landscape counseling and planning (0781).
Soil preparation services (071).
7. Construction division:
"Contractor's office and equipment areas" [SR] (UNCL).
General warehousing and storage, but not including "warehousing, self-
storage" (4225).
8. Manufacturing division:
Apparel and other finished products made from fabrics and similar materials
(23).
Computer and office equipment (357).
Electronic and other electrical equipment and components (36).
Fabricated metal products (34).
Furniture and fixtures (25).
Industrial and commercial machinery and equipment(35).
Leather and leather products (31).
Measuring, analyzing, and controlling instruments; photographic, medical,
and optical goods; and watches and clocks (38).
Primary metal industries (33).
Printing, publishing, and allied industries (27).
Stone, clay, glass and concrete products (32).
Tobacco products (21).
Transportation equipment (37).
9. Wholesale trade division:
Apparel piece goods and notions (513).
Beer, wine and distilled alcoholic beverages (518).
Chemicals and allied products (516).
Drugs, drug proprietaries and druggists' sundries (512).
Electrical goods (506).
Farm product raw materials (515).
Furniture and home furnishings (502).
Groceries and related products (514).
Hardware, and plumbing and heating equipment and supplies (507).
Lumber and other construction materials (503).
Machinery, equipment, and supplies (508).
Metals and minerals, except petroleum (505).
Motor vehicles and motor vehicle parts and supplies (501).
4
Paper and paper products (511).
Petroleum and petroleum products (517).
Professional and commercial equipment and supplies (504).
10. Transportation, communication and utilities division:
"Amateur radio antennas" [SR] (UNCL).
Arrangement of passenger transportation(472).
Arrangement of transportation of freight and cargo (473).
Branch United States post offices (4311).
Bus charter service operators' offices (414).
Cable and other pay television services (484).
"Commercial antenna tower" [SR] (UNCL).
"Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
Communication services not elsewhere classified (489).
Courier services (4215).
Freight forwarding in general (4731).
Intercity and rural bus transportation operators' offices (413).
Local and suburban passenger transportation operators' offices (411).
Natural gas transmission and distribution(4922) (4924).
Packing and crating (4783).
"Radio and television antennas" [SR] (UNCL).
Radio and television broadcasting stations (483).
Railroad operators' offices (401).
"Satellite dish antennas" [SR] (UNCL).
School bus operators' offices (415).
Taxicab operators' offices (412).
Telegraph and other message communications (482).
Telephone communications (481).
"Treatment, transmission and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains and valves" [SR] (UNCL).
11. Miscellaneous uses division:
"Accessory structures" [SR] (UNCL)to the permitted uses allowed in the
ORI office research industrial district, subject to the provisions of
section 19.12.500 of this title.
"Accessory uses" [SR] (UNCL)to the permitted uses allowed in the ORI
office research industrial district, subject to the provisions of
section19.10.400 of this title.
"Fences and walls" [SR] (UNCL).
"Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a
permitted use allowed in the ORI office research industrial district, subject to
the provisions of chapter 19.47 of this title.
"Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use
allowed in the ORI office research industrial district, subject to the
provisions of chapter 19.45 of this title.
5
"Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a
permitted use allowed in the ORI office research industrial district, subject to
the provisions of chapter 19.45 of this title.
"Refuse collection area" [SR].
"Signs" [SR] (UNCL), subject to the provisions of chapter 19.50 of this title.
"Storage tanks" [SR] (UNCL).
"Temporary uses" [SR] (UNCL).
B. Conditional Uses: The following enumerated land uses shall be the only land
uses allowed as a conditional use in this PORI Planned Office Research
Industrial District:
1. Agriculture division:
"Medical cannabis cultivation center" [SR].
2. Municipal services division:
"Municipal facilities" [SR] (UNCL) on a zoning lot containing less than two
(2) acres of land.
3. Public administration division:
Public administration (J) on a zoning lot containing less than two (2) acres of
land.
4. Services division:
Armored car service (73 81).
Carpet or rug cleaning, dying, or repairing plants (7217).
Child daycare services (835).
Dry cleaning plants (7216).
Industrial launderers (7218).
"Medical cannabis dispensing organization" [SR].
Power laundries (7211).
Truck route laundry and dry cleaning not operated by laundries or cleaners
(7212).
5. Retail trade division:
Carryout restaurants (5812).
Drinking places (alcoholic beverages) (5813).
Eating places (5812).
"Outdoor eating and drinking facilities" [SR] (UNCL).
6. Mining division:
"Temporary mining" [SR] (UNCL).
7. Manufacturing division:
Chemicals and allied products (28).
Food and kindred products (20).
6
Lumber and wood products (24).
Paper and allied products (26).
Rubber and miscellaneous plastics products (30).
Textile mill products (22).
8. Transportation, communication and utilities division:
"Conditional commercial antenna tower" [SR] (UNCL).
"Conditional commercial antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
Heliports (458).
"Other radio and television antennas" [SR] (UNCL).
"Other satellite dish antennas" [SR] (UNCL).
Pipelines, except natural gas (461).
Public warehousing and storage (422).
Railroad tracks (401).
"Treatment, transmission and distribution facilities: equipment, equipment
buildings, towers, exchanges, substations, regulators" [SR] (UNCL).
Water transportation(44).
9. Miscellaneous uses division:
"Accessory package liquor sales establishment" [SR] (UNCL).
"Accessory structures" [SR] (UNCL)to the conditional uses allowed in the
ORI office research industrial district, subject to the provisions of
section 19.12.500 of this title.
"Accessory uses" [SR] (UNCL) to the conditional uses allowed in the ORI
office research industrial district, subject to the provisions of
section19.10.400 of this title.
"Commercial operations yard" [SR] (UNCL).
"Master signage plan" [SR], subject to the provisions of chapter 19.50 of this
title.
"Parking lots" [SR] (UNCL), subject to the provisions of chapter 19.45 of
this title.
"Parking structures" [SR], subject to the provisions of chapter 19.45 of this
title.
"Planned developments" [SR] (UNCL) on a zoning lot containing less than
two (2) acres of land, subject to the provisions of chapter 19.60 of this title.
C. Similar Uses: The following enumerated land uses shall be subject to
classification as a permitted use or as a conditional use in the ORI office
research industrial district or in a less restrictive zoning district,pursuant to
subsection 19.10.400H of this title:
1. Services division:
Business services not elsewhere classified (7389).
7
Laundry and garment services not elsewhere classified (7219).
Miscellaneous health and allied services not elsewhere classified(809).
Miscellaneous personal services not elsewhere classified (7299).
Miscellaneous repair shops and related services (769).
Services not elsewhere classified (899).
Social services not elsewhere classified (839).
2. Manufacturing division:
Miscellaneous manufacturing industries (39).
3. Transportation, communication and utilities division:
Transportation services not elsewhere classified (4789).
G. Site Design. In this PORI Planned Office Research Industrial District, the use
and development of land and structures shall be subject to the provisions of
Section 19.12, Site Design, of the Elgin Municipal Code, as amended. The
development of land and structures shall be in substantial conformance with the
following:
1. Substantial conformance to the Application Statement of Purpose and
Petition for Annexation Submitted by David Huang dated February 21,
2014 and last updated on March 25, 2014. In the event of any conflict
between such documents and the terms of this ordinance or other
applicable city ordinances, the terms of this ordinance or applicable city
ordinances shall supersede and control.
2. Substantial conformance to the Plat of Annexation prepared by Manhard
Consulting, Ltd., dated March 24, 2014.
3. Substantial conformance to the ALTA/ACSM Land Title Survey, Sheets
1-2, prepared by Manhard Consulting Ltd., dated November 19, 2013.
4. Substantial conformance to the Specified Utility Extensions and the
Extended Section of Alft Lane/Mason Road depicted within the
engineering plans for Daching Business Park entitled "Proposed
Improvements for Mason Road Property-Roadway Improvements"
prepared by Manhard Consulting Ltd., dated May 16, 2014, with such
further revisions as required by the City Engineer, and subject to final
comments and approval by the city's Community Development
Department, Engineering Division, Water and Fire Departments.
5. With the exception of the specified Utility Extensions and the Roadway
Improvements for the extended section of Alft Lane/Mason Road referred
to within Paragraph GA of this ordinance, prior to any development of the
Subject Property the Owner of the Subject Property shall be required to
submit a development plan to the City for a public hearing and city
8
council approval pursuant to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Municipal Code, 1976, as amended.
6. The architecture, exterior building materials, landscape design and
configuration of all buildings constructed on individual lots within the
Subject Property shall be designed in conformance with Chapter 19.14,
Architectural Review and Design, of the Elgin Municipal Code, 1976, as
amended.
7. Compliance with all applicable codes and ordinances.
H. Off Street Parking. In this PORI Planned Office Research Industrial District, off
street parking shall be subject to the provisions of Chapter 19.45, Off Street
Parking, of the Elgin Municipal Code, as may be amended, except as provided
within this section.
I. Off Street Loading. In this PORI Planned Office Research Industrial District,
off street loading shall be subject to the provisions of Chapter 19.47, Off Street
Loading, as may be amended from time to time.
J. Signs. In this PORI Planned Office Research Industrial District, signs shall be
subject to the provisions of 19.50, Street Graphics, as may be amended from time
to time.
K. Planned Developments. In this PORI Planned Office Research Industrial
District, the use and development of the land and structures shall be subject to the
provisions of Chapter 19.60, Planned Developments, as may be amended from
time to time. 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 PORI zoning district and without necessitating that all other
property owners authorize such an application.
L. Conditional Uses. In this PORI Planned Office Research Industrial District,
application for conditional uses shall be subject to the provisions of Chapter
19.65, Conditional Uses, as may be amended from time to time. A conditional
use may be requested by an individual property owner for a zoning lot without
requiring an amendment to this PORI zoning district and without necessitating
that all other property owners authorize such an application.
M. Variations. In this PORI Planned Office Research Industrial District, application
for variation shall be subject to the provisions of Chapter 19.70, Variations, as
may be amended from time to time. A variation may be requested by an
individual property owner for a zoning lot without requiring an amendment to this
PORI zoning district and without necessitating that all other property owners
authorize such an application.
9
N. 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, as may be amended
from time to time.
Section 4. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
David J. Kaptain, Mayor
Presented:
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Kimberly A. Dewis, City Clerk
FALegal Dept\Ordinances\Zoning Ordinances\Zoning-PORI-2601 Mason-Daching Business-Pet 10-14-SS-clean 7-1-14.docx
10
Proposed Improvements
for
MASON ROAD PROPERTY - ROADWAY IMPROVEMENTS
2601 MASON ROAD INDEX OF SHEETS
ABBREVIATIONS MASON ROAD &ALFT LANE SHEET NO. DESCRIPTION
CITY OF ELGIN ILLINOIS 1 TITLE SHEET
T � 2 EXISTING CONDITIONS a DEMOLITION PUN
w rtevrAW o A•r� T O"''NPa G°pf 3 SITE DIMENSIONAL AND PAVING PLAN-MASON ROAD I
i4 r od�iru PROJECT N� �� Y°r®art^• LOCATION 4 SITE DIMENSIONAL AND PAVING PUN-ALFT LANE
5 GRADING PLAN-MASON ROAD )I5
eT a •Rt PPx - 6 GRADING PLAN-ALFT LANE
7 SOIL EROSION k SEDIMENT CONTROL PLAN 1�8
8 SOIL EROSION @ SEDIMENT CONTROL DETAILS Q@
9 STREET LIGHT DETAIL-CITY OF ELGIN s1!
10 PUN AND PROFILE-MASON ROAD-STA.0+00 TO STA.8+00 � Ng
Y• 0 11 PLAN AND PROFILE-MASON ROAD-STA.8+00 TO STA.15+70 Z" k
mr Nur .°�� Tx �. I 12 PLAN AND PROFILE-ALFT LANE-STA.0+00 TO STA.7+75 ^E•3
r�i TrN 13 PLAN AND PROFILE-ALFT LANE-STA.7+75 TO STA.13+59 ��%`(
T/- •a, J 5
1T W� mWwrwr
&,W,yi���06 14 CROSS SECTIONS-ALFT LANE-STA.3+00 TO STA.8+50
i � g @e
ei 6 8 '�' 15 CROSS SECTIONS-ALFT LANE-STA.9+00 TO STA.13+50
TED a G.6 z F 11 H 6 B I6! 16 CROSS SECTIONS-MASON ROAD-STA.D+DO TO STA.5+50 EA F
rs E•vrm woe Pw rorT a WAmx awN m F
NPx „rye v- 17 CROSS SECTIONS-MASON ROAD-STA.6+00 TO STA.11+50 yE5
~ wm c - 18 GROSS SECTIONS-MASON ROAD-STA.12+G0 TO STA.15+50 Z I#F
STANDARD SYMBOLS w _ 9 CONSTRUCTION DETAILS—CITY OF ELGIN Q I W
NR
20 CONSTRUCTION DETAILS-CITY OF ELGIN
EXISTING PROPOSED — 21 CONSTRUCTION DETAILS C`_555
22 GENERAL NOTES-CITY OF ELGIN ' `q
23 CONSTRUCTION SPECIFICATIONS €a$§6
—<_—
— s+ I¢ BENCHMARK:
K: NOTES
_.•_.. _.- w •— ^ DE OF VAL`h VAULT AT END Di AIFT LANE AT OW.Y ON1AS:I)
® DEY40PMENT CEHIm EASL PRaPROP IMF. 1.THE TOPOGRAPHY SURVEY FOR T11S PROJECT'S BASED
(AS SHOM CN THE APPRI[IM TRDP09D SUBDIVISION ON A FIELD SURVEY PREPARED BY MANHARD
NPROLEl1013 FOR NARDALL CR05511G5 BUSNESB PNN'PREPARED CONSULTING.LTD.AND WAS PERFORMED ON MARCH 5,
arwwT � BY KBII£Y-HON A ASSDOA—.DATED A—ST 24,2W4) 2014. THE CONTRACTOR SHALL VERIFY THE EXISTING
r CONDITIONS PRIOR TO CONSTRUCTION AND SHALL
wi wTS T„ ELFVAnRh 86234(U.S9.5.DAIW) IMMEDIATELY NOTIFY MANHARD CONSULTING AND THE
t1 9TE 8 1 n CLIENT IN NRITNG OF ANY DIFFERING CONDITIONS.
0 ■ � SOUARE CUT N CONCPETE BASE K NCRTRI6Y MOST L1PIi POLE 2 ANY REVISIONS TO THE APPROVED FINAL ENGINEERING
■ LDCATED N TIE NEST RKHT-OF-WAY LINE OF ALFT LAAE M[M ME
NIIRNEAST CNNFA a LOT T IN RANDALL pe0ALFT L BE-W PUNS MUST BE RENEWED AND APPROVED BEFORE
e LOCATION MAP PARK. ANY MONK IS COMPLETED REGARDING ME REVISED ^
•• • ITEMS. �+
N.T.S ElEVATC4hBB0.62 a
J.THOSE RENDER ITEMS MUST BE ACC-1-1—FOR N
r� SITE BEN"—a TIE RECORD DRAW _y
fIWR RARNAOAR SANE IN SQDH IAA S UTILITY POLE.xORTH SEE(IF
mW1n D['NTd ® MASOx ROAD
AT NORNEAST GOPHER Qi 9T_ } z
Ur•innw Srauuwni Q Z
ELEYAnor�e0e.e6 ; 3 r
. — Tr.11.b.,l,rr+,•re...I..nP.r.l klwr.IAr rA•iri•,�r,rw,n,�a w.x,.,,Nn.r.b.HwOP.1 e,
ee avmxmvon,rfrMr auNIA-iuunNx•Dpm xrn«,(.m.eti it JrmwPe will to cba•TeJ. � W
'-�'> Nle Fmv+uue«l+cm mrJe fn rAe.Wb:unn and Cr+rM.mM UwF UVfas wmrn In In cc Z y
�NIIWIIW Jew W6Lc WUa.MA•im yry•,nMfM Meruea TermmrlFel rn7iaer.uM Aw such cwYa CVITACTS
Fjg_�E]yN U
1 ��+M�/ 1'b DEYIFA CMIRi e J MI
M.RrO Mlu WIm R PIPxN Iv re��a.eJase wrM y«wnllr a�rNau{irwebn{Fnniva u.r u. 1021 N.ORAND AVENUE EAST 111 FGC
..... ...,.- eVWW® rMrtt WeldetiMwl nfdam•µnmrA•WarninPPWcm bmuxc MrM+wnmrirmMeMe RpN,4e012}SSSe 6PRBIDDEDD.6 e2ro2
+uMlivi.im. 14
�„�■, couwlMTr DLYELDPYETrt roar. TER rouuna cONTRa DINSw: W o
((w] B31-SIB. (217)7B2-Oe10 6
Ii I I Exa RMC Ws- PUBLIC WATER S."Y DIV.- C
, BRWMA
ry6DV W(���JT'7!�
EVeI DEPARTMENT. (21])roT-94ro Q T.T
inert u[ (NTI 6B]-3160
TnNifl ... ._.._--- KALE-rIIPADE SM!WATER ELEQ=
T ■
231 SC SATE 1W JSGOES SECOND STREET
w ST.OIARLES.R 4.15 ELGIN.IL ea23
� (e3D)xa-TSe1 lu (xr7 e0e-aus •�
W. STIR A IKIWTY W NIWR DAS
IT P.D.BOX 3T6 BD N.DIAEY ROAD
ELtlN,4 6a11-O]2B GECN ERFNN,IL can
(1H7)742-2— (6J0)—2—a3J3
WuNYna urc u.s. 7p E
C' ."lo,'iTBln W" NIA .IL I XMM-siliE eaD ATai
A )Kr
Hanhar
CMCAOO IL BM06_7206 236 E L STEEr
(312,e46_65]0 FLGN.IL 6a23
c6.])Be6-6662
g' INAAA .ux6 CONSULTING LTG
wL OWNER/DEVELOPER: ARCHITECT: 6 rUte—
LEE kASSOCIATES WARE MALCOMB W -
Wnw�..,«..................Orr. �•.......�., w.•.....m. Oxen
MANNARD CONSULTING LTD.IS NOT AESPONSIBIE FOR THE SAFETY v O.i D, •s...w�•w•rr Raw ewE xr 'LMm sw••uwr•cOWO•x. 9450 BRYN MAWR AVENUE, SUITE 550 1900 SPRING ROAD, SUITE 210A
ANY PARTY AT OR ON THE CONN.T RESP SITE SAFETY IS THE SERF Corw.rvpionfA•np«.•Emlunm•nu c•P• .nn•n 1 J «/A�
I aEl RESPORSaIDTY OF THE CONTRACTOR AND ANY ETHER PERSON OR ENTITY ° ROSEMONT, UUNOIS OAK BROOK, IL 60523 L
_ la_ 2 PERFORMING WORK OR SERVICES NETHER THE OWNER NOR ENGINEER (773) 355-3006 (630)570-6763
ASSUMES ANY RE9a0N4BBJIY FOR THE JOB SITE SAFETY DF PERSONS
$111 �ii{y MUDD)IN THE WORK OR THE MEANS OR METHODS DF CDNSTRUCTION. CONTACT: JOHN CAS!IDY CONTACT: CAMERON TREFREY �yq 1wn6 1
. _ s
p- WR $�a�
r
-LF,— � N7 »q asp
I 111141 mg pig AgNp.9ji g,9
�NR
INN, F
AT
Mp
i �' - _v�'Ti• - II � p
$'�� — � � i I r '� �•� $REF ��z$ggR� ,�> �
r
a � of � • g7g�� q4
i
"' W '- .-. �— .. - _ ,__—sue.—N 00'V42*-- 893ib�
f • HUN?
FRj_1
lid
�n
_--
1' m OR
I 30
*t4--E-
Y _
55 1 A
rr tires. S�Q • /%;/ � p� 4 5 F
aw ooc is xaer i •� li�i tl li �' :�
� 1
MASON ROAD PROPERTY-ROADWAY IMPROVEMENTS M a n h a rd
Q CITY OF ELGIN,ILLINOIS CONSULTINC ! ,r)
NEXISTING CONDITIONS S DEMOLITION PLAN
MATCHLINE,SEE SHEET 4
i
_ -
r
x �
0
2o e Q 7 n
o
�I 5
I � Z I
e�P,a.;�
Mg ma
-— s : fig$€ id p° 1 a�_1 ",
all b e v x
}has z�- vE fig, ea€ 7 C��L-E�—
° a 1. �
E��^
aF q 9
C
W EI ci
MASON ROAD PROPERTY-ROADWAY IMPROVEMENTS
M a n h a r
a I CITY OF ELGIN,ILLINOIS
CONSULTINC 'L'l'r
3(N SITE DIMENSIONAL AND PAVING PLAN-MASON ROAD
w
I � I
I � � I mo
r�Ai Y
gua
I R B fs N g €�a
p AR
Jo n
ai a Egg s
�^ P�
_
Uc z o -s o 0
n
—
v.s�c
I
� 1
E 9 I f MASON ROAD PROPERTY-ROADWAY IMPROVEMENTS
Manhardr
CITY OF ELGIN,ILLINOIS
CONSULTINC L1` 1
S�7 SITE DIMENSIONAL AND PAVING PLAN-ALFT LANE �„v„',. ';:,'v;v'
. S
F
t
1� I.
4� y'
MATC �S, E SHEET 6
S,
maC'
F
I
r
K
Fsb
s�=
4
1
ti
P
p -. e u • � v
N r ,n of R7 §4 Z 4
F,��€� ''"'���^���€R$�°CSR
III �asgU � Reg
ROU
g Q5
,��., :fig€4g•:�^�� ��� �a�4 mg ��� 4 0
I
C,,,.w_E.g I MASON ROAD PROPERTY-ROADWAY IMPROVEMENTS M a n h a r
Q !+ CITY OF ELGIN,I W NOIS
CONSULTINC '
(N GRADING PLAN-MASON ROAD „��,,,.,;;„°.,,
I I V I i
—''4 — �- tom_ � •�.JI f r� .� •` I � .r ��'e?' r r -_.� x-- -��
e
f i
F
r ,
= r
t f
> - i
q�a } ✓ �3a$� �"gg��� R s �m""^s��g�" qq�`� gypy' s
R
---.. iz�pa Rg m 9 F 8
y
Mgt
� 1
1j
M.
F
•, ay I I � � �4 c
i'
m
MASON ROAD PROPERTY-ROADWAY IMPROVEMENTS M a n h a r
CITY OF ELGIN,ILLINOIS W _CONSULTING LTrI
�W GRADING PLAN-ALFTLANE
€ €
� p $<- � �
i
s €
� e a"�= �` �� q � f■°gal;„gig; Fy„ €p ���4`�=�9
H $
: '3
��x p s � MF
R�Als13g F 8„Sx gaagF�; psa "R�, F
_` y ♦ !�A, F 4m P^ Rid °>'p 9 6> � "i F R yg N 9 8�R=q C� p gb�^"�'
--I' iEg�f 'R� apps= R" w gr s� $ IN
ell
5 h 4e $ m^ a€ oN ^
1 '
g � Jill p i
i�4 - 4''�'• t ni �.i A �1 it ��� I��g�e ;
1 � S, V;•, J '1 Itl � p�g
--- - - .y - - - -- ---
_ - • _ � X39 �9� � q
q33a H f Yp
4 •, ? ,k e
1114
•
a •+, , yy
k 4
i v I
w 1.'�A •' �, 1,R y -y• t '� � �, - k � it it
1
1
A
�,.�. .9.:! .•: MASON ROAD PROPERTY-ROADWAY IMPROVEMENTS M a n h a r
CITY OF ELGIN,ILLINOIS
CONSULTING 4'I`
�(N SOIL EROSION B SEDIMENT CONTROL PLAN o� ,. ::.:�': .
. .
STABILIZED CONSTRUCTION ENTRANCE PLAN STABILIZED CONSTRUCTUIN ENTRANCE PLAN SILT FENCE PLAN SILT FENCE
P.AN VIEW
NRCS
PCC�CHECK DAM RPRAP
AV
J,; /- 1'1/1�- 11 - 11 N
law
IL
co 0
S DETAIL
DETAIL
SEMN VIM SEMN MEW
to
IL
CC 0
IL
DETAIL 2 cc
NRC
,
'
M 01
gia
is
lE
pn
Ali
CITY OF ELGIN
Ek,�.IL 60120 Ph—84 STREET LIGHT
of Public Works
CID MASON ROAD PROPERTY-ROADWAY IMPROVMENTS
CITY OF ELGIN,ILLINOIS Manhard
STREET LIGHT DETAIL-CITY OF ELGIN
_
N
C
8
RA ..
d t$"YU P O
u �_T -- - flex-• ex.a.o.Y\ __- ___.- -_---- _. —-+
€':_.€+,r €5 € E €Y .I !w�.w.Y�.«,:€ = 4
.k'€ •�• e -.a,stu F,a,Pa"ti arF •5 aw� ra SE.r^e "6` -"G'--°.Imo` "'-'-'-'8 -:; E. € r o- a b r' a a ,.wN �L�^,3,�
E€&6 Reba m kY . 9a" ' z "a E
.� 9� 9.�1€ k�.P::kP.R.QYC' .Y.« Y
Y��I�Y .s.96s�9: w �;3
.. s . . e
— — — : 444
I- T,laea ro a.rx.Pr�Yell
11161,1phihA Ywl tY ST YI!a �gg6
All 1,
b6 @6ik�i 1.n PaoPOSm ro.w. �NS
SEE SHEET 13 V
ALFT LANE as
urluTr cnnssses ,. :
(D
(.)•v acr w 0)sr owl v»e �a
eR n-sees en sT_ee..s
'OEPRESYD f�14r
��rXET SliAT PR.YP�eal�
( "PfXzr REMaFlrtr3.
MASON ROAD
I I —
I
970 ¢un wc� 910
YY .
905 , v aes 905 O a F
soo_ .- .. -------_- -----—--- -- — — -- -- —— -- — — -- — -- — — — — — — -- o
900
o
µµ
_..._.
895
n m W
__.. 0 �_CL
Korb¢_. _ _ 695
0.ms..... .l . tY sr�N1... a .....-. 890 O
CL
cc
890 i-
- Q s - ----
85 _- J0°Is sT al t!.>Z - 885�880 'cam _ —_- _ �—_- -T_—- 880
I `I
875 - 1 - ---- ----- 875 5
y6 1 mrtf_
870 1 870
a
a.... � .a.. ..__ I
s _a 865885 e
se 1
si
2+5 5+00 5+50 0+50 1+00 1+5 2+00 7+50 8+00 0+00 + b
tnone
c
IN �o IIU
SEE SHEET 10
MATCH LINE STA. 8+00
I } I I
I I !
j I i I ap
?��, i i � I I 8,t A � z•
ax { r
o`er b --- 1— --- r—
I
o—23
d 4
j lil m s C
II li - I M vn i 9
I • � � I I
I i -
1
e9ee D
NT
1I
m 1
+ :i,,
j FBI :X)
ooM
I
I I I
��.
I I r
�- I
u 1 I .n
MR
+ n _
i A 1
I III j ,
I II
F
0 Ai v.
I �
j fil Say
I .
I _
I Ij
� � I
MASON ROAD PROPERTY-ROADWAY IMPROVEMENTS �M a n h a rd
CITY OF ELGIN,ILLINOIS
k C4NSULTENC 'Ll`n
3(^� PLAN AND PROFILE-MASON ROAD-STA 8+00 TO STA.15+70 ,.:.
SEE SHEET 10
Fm €i
�ti = mY €€ Lam€
$Y `w rc'Y:rY _ €€a€€wi y� 64h Y r ak€b€':a€Yr Y. xi
®€ ab€€ 'r m 6 € S!i Y Y % € �'b YF -GYYbY €5Y€ �€ € �w�www6Y€t YSYr : 'bv R!b Y5;k6 b�w� a€€€Y€ 6mr. v`
NZ 6 6 :,tee N6MT1 b am r�s€ � �8 r»YFe€ ' Y � s iatp
Y6YIaYrY€ €'e b b�€E.e m n€€ € €:ti €wFb€ F b€I G 4 b ,bYw�€RY&=wFb€hFYkIY k�b .€Y&
bl€ € €Y€x&&� �'I€€€ Yke€F.€e e,rw - €€€;€:r€. e€ €b:; bee b.e iiF a k-`enwilS €wow€b= Y€Y€€€"IYk
Fm�� Y kl =JiSc
� ov c,u reaEa w. b
a x zr"r oa,a srr_a rsw €� _ill
.V-'r sr"r,..>a wma _ _ ,e•sr
x.ee. SEE SHEET 10 u;S
/ 11 All
ALFT LANE
tun wro sr.. n
900
U E a
900
aP g. g
1 xe
895 I. 895 g q g
j
nruosxD f reams !i ; = F
3 "
890 re l 890
I,:ix ,xax osoeOEae aeoen me _cwe i z
____ __ __-_ J
r(El tx•si(F! � W
885 _. _._ .. _.._. e•. ... __. ._._...�. �_�. _.. i_..8'`. a 0
0 ux
cc
w S fi
880 , sr x- eoa r•zf"r aacm _. _. Y w 880 0
cc
cc 875 875 p
I .._ _aov-,x•su+er aamx _.... _. _... aoq-,r s.x:�r ayes..__. Q
A
I
I
IL
870 II a I I, I
870 d
w
t
885 g .eerie o oz c x 865
v-
.,S °8 60
BIN 33 if ads siG i"s as a Big A 18i s"s 1! fit 3� a;a t 8 -- �—
6+75 6+50 6+00 5+50 5+00 4+50 4+00 3+50 3+00 2+50 2+00 1+50 1+00 0+50 0+00 oxen
1223
' unx tao7,e
e
0 er o n w 11 r°.n sev 11 n mv,sr
vOSS.vE Qnw
(SEE OEiuYe4hiFEi)°E
1111 1T o.aox I�'sJ
I
!jig
�,-- -.+_ - a fi S��FG 5FE6� ,v�6 fi :� ✓e F'� fii�6�i N+.w1 Lis p
TIN
Y F F F� F�bb`k': fi�bF a F ®xekeveeiFe<re° @ Fifkk k'5fir.fiaee ®! 66^6� frk�eeh�b �� YS Bi �kF�6'k�`dk bF"'v N
�I'It ei k Bk :e ,y.EELEa& �s E+€ 6"C P.iIF Q� �v$a�
c° 1 2-w sTU k k�I 6 6 m, `k ,_` ,61_ 1
44,k; AE; Efi SF.ewMb 'I ® k x.. WJe.�-i€��I�� F k�U)
aR Hn f�. t c 50 +e•sT AT
�,xcsw 1?'''1 u.°.lu :'Yv`+, +z•s.0 -<
. u,rnA,o.mx w
Et 54eTNry Mw m.NyE zoo'u E�4
ALFT LANE
_f 910 M
910
a1A,o.eo oo
905 O
_ g
I I
+
895 / o w { a 895 ¢ _ <
I
sTM { J
890 -- —+-- -- 890 p Ea5
o
w —_ — y
I, sT 6 J
1$
+t M V
I
.,. Im 0
r �
+ -- –
eao ----- - 50o z – — – – _ ---- --- r – – 1 –eao
– – 1I
875 75
AT
IYZ-,Z SM.AT lee'-Ir r"AT
870 ,r 870
I I + I I I I I �
I
885
• 6 e20 �.R .xen
$ �R s$ �;a 13-23
W RnR e6 I, e$ �F .. �R
eso ElEii . sE gl$ "s ss g 3.1 - 4,1 ai 3,i i;i . _ 3i i'1 iii . !
1345950 13+00 12+50 12+00 11+50 11+00 10+50 10+00 9+50 9+00 8+50 8+00 7+50 7+00 6+75 un� 1e0^e
ii I j I I
{
a j
I
I
I
°
{
I I T
W I W A �• A N I - N
II j
za*LP „ 4� ° �!t E P
RL]P
If
•
I
I
lj
I
s as � 0 S Lm m g9' mIm S: S _ Sm
v Q K a ° w
I
°
I I I
__
IN.
I I I{ I
+ ° Y
I
tP _. _>r?alyEP ! p
g
°
4
+ -
°o
-
t
t__y- ee.m w '• I '�v ' ;.. �.9i.Fp _.. flax=.Ep •_ ! 'eLne.c { sen.49 FP
I I
° o a
I
I j
MASON ROAD PROPERTY-ROADWAY IMPROVEMENTS M a n h a r
v clTr of ELGIN,IwNOIS C O N S U L T I N G L .
NCROSS SECTIONS-ALFT LANE-STA.3+00 TO STA.5+50
eB9
A r
990 --------------_.___________—____— —_____________._—.____--__.._.______ ---------_--—____.___ 0
_._._..--.__._____—_——_._._.._...— - ip__.__..30._....._..-,ggg
0 'o
11+50
---------------------------------- j——------------—- —} Fe YYYB
996 I 996
a
89
890-n_o__.-_- ---------
... . - - _-_t r____- __-__—__—_
—_�—_ ._._.___ _—._
_- . . - __—
70 -10 -10 d0 30 ro 10 30 .9B99A 9
x p 9
S
d0
11+00
B0e ------
e99 . . -
I I I
� n9s _
y j read e0] _ t ._. - ] ag.w
___ _ —_ ___ .—_ ____ — ._i_ I—__ __ t_ .� ___ _ .�
a z _ - d .00 .eax Sac J - -299r. -z.09r o IV
=c
-._ --_- --- - -_
90
BP eJ-- 0 _-__- --.--- 0 ------0__ .. --_—.P8 990 e9P i�
_ P, —_-_.,_p . ._-___.
-0 _,r
10+50
e
13+50
e96 9 s
OOA-_. 2,00 �Ba1� eA] 0
—. __ _ ._. .___ ____ } .-._ —__ ._ t— —__ _ _ _... —_ ._.__ _ f } -
e8 -- B9P BOC y 9C0
_..— �
eas - i azw e9P i I I .e f/J
a9
1
I
ae
eBZ e_p_._. o---90 _0__ —o___ Jo -_]_o_ to c o_ > _ _-__ _ _� _ _
__ _.
xo >p ,J _o o9
< O 10+00 13+00 a+i
892 :.] i ..891 901 f 9C1 = H
uj
-----
Lu
7
r
IL
ees e9e �-- �. -'- __ __- y. __ Sea µµ Fy
— O a
eex eo 0 w _ -JO 9+50 ' aez e9z a0. 0 .a J0 -z0 -io Ic z0 ao es O
p p 9 9 B 9 w S
...__ _.._. __ __ ___ —rI __ .e9. 9n —_ _r._ ___ _—_ _ __ 12+50__— __ ---------ACz
--.__ _...i._ .,I .-_._ _---'n9x Boc ..__ - _. ---- —! 900
Q
_ F - _._... - O
- - - -.
O
99p, � B99 nAP �
' 4 - ''. � � �. was � U
- I " —r—
.: Bas r nas 99, _ee.
r '
PBx o Bel B9C / B^ 10 10 t0 Ju Z
-10 -60 -JO -10 -10 I 3c 30 10 -ec -u - - - - - - 10
9+00 12+00
J�-
4�t1f_
15°23
' ufu ,xne
°
OK7 P
°a
r
I
W.97 _ ..�9Ai GP _ !dA?LEP ° * P 12ULLP
I T
}o 121.29.EP }
O U U
O O O
Iftli EP wl Al y -Qtq up :.09+�.g�FY �11•W-EP
o
Q Q Q Q
it
I
MASON ROAD PROPERTY-ROADWAY IMPROVEMENTS M a n h a r
CITY OF ELGIN,ILLINOIS s tl
CROSS SECTIONS-MASON ROAD-STA.0+00 TO STA.5+50 N S U L^T I M G L`-
I I I
I
j I
v I
m
JI oo
°°o o
-;m4l-P _avl.si.EP ',m�a4FP
I
I I
s s l r S4 sl
_f
1
I i tl j I ' i i I, I I II l
I
I ( I I I
I i
I
j.l I 1V I al
s I s
i I I
L 89)i6 Ep Y_�j yl_(P 89&5s EP 89B 16 EP 9.7
I I
i O O
O O
i
I
II I I
I i i
S j , E I l I III I
I
I I 1
, I
°
I '
MASON ROAD PROPERTY-ROADWAY IMPROVEMENTS M a n h a r
A I CITY OF ELGIN,ILLINOIS CONSULT!N
(N CROSS SECTIONS-MASON ROAD-STA.6+00 TO STA.11+50
a S v m m 8 u & � a & � m 8 8 ., a 8 R m 8 �. ♦ R 8 3 & �
m m ♦
i
.. � P
I I
ASR L—♦�
' � ',`__ ____ :_ .. _. •._ --__} -....... .____i ... rte... ...�
o.
I i
t
1
o m o ,, . . a m o v . a o a c . o m .+ m 8 .. w m o m m o . ♦ a m a c .. m m
901.)6 f 7(P
------ ----
----------------- ----- -------
N l N
O O '
---9p]:M SP gd:06"EP
� S
I ;
m m ti a s c+ v a m
MASON ROAD PROPERTY-ROADWAY IMPROVEMENTS M a n h a r
Ilk, A
Nq CITY OF ELGIN,ILLINOIS C p N S U L T f N G ?T
G1 f` CROSS SECTIONS•MASON ROAD-STA.12+00 TO STA.15+50 q•:,°'9, ",: ",e',a �,.,.e: d,.:.; ,
Oil
I Tic,
it
Al I-
4,
CITY OF ELGIN
STANDARD
ENGINEERING
MASON ROAD PROPERTY-ROADWAY IMPROVEMENTS
CITY OF ELGIN,ILLINOIS Hanhard-
bwCONSULTINC L - —
CONSTRUCTION DETAILS-CITY OF ELGIN
i y drF3 x > Z.r s II i
� ;�� I^:� I, � �• I � -1_'tlrll s7 r :P � _� ya$ 3a;
P a.
n�( J"
SG li5 V r
a'
----------
i S E ti
$ IFFd3.Y a4y �adSyy#,
i _.._ -
amp—
p
SfF Y.xt 1 a ax a 5 i
=f Y
I"J p-
8
�n l q 5 s ¢p d
I 4
-
�1�oi
d all §gxci p s ° a3
I a
mmmq -,j aP
J
_ ___ Y
e} 4
'y
93
zz r
a +
... a -..
IIL.. ...
Y_ j aY zz
I�` f
in
ENGINEERING CITY OF ELGIN STANDARD -
1900 Hoin Road Phone:Ba7-9316955 - -- -- -
,�, ELGIN DEPARTMENT Egn,IL60123 F :Bp.931.5865 DETAILS -
C=I I I MASON ROAD PROPERTY•ROADWAY IMPROVEMENTS M a n h a r
111� Ad
9 f CITY OF ELGIN,ILLINOIS
CONSULTING ! �°r#
G� CONSTRUCTION DETAILS•CITY OF ELGIN
. '
tvt
6 2A
vp
zT
pt
All
Jf
0
R'
I.
liz
Ix V
f t
f 'fill
MASON ROAD PROPERTY-ROADWAY IMPROVEMENTS
Manhard-
CITY OF ELGIN,ILLINOIS
CONSTRUCTION DETAILS
_
' .
|
UJ
ml
ILL
iL
zw
U.
71 IE 2F
IS
IL ZL
IL
LU
cc
Luo
NOTE: THE CITY OF ELGIN SPECIFICA"ONS SHALL EIE USED ONLY FOR PUBLIC IMPROVEMENTS WHICH INCLUDES -23
WATERMAIN CONSTRUCTION AND WORK WITHIN THE GALVIN DRIVE RIGHT—OF—WAY. REFER TO MANHARO
SPECIFICATIONS ON SHEET 12 FOR PRIVATE ONSITE IMPROVEMENTS, —
'
} } ai�ij [ :
ii6+'{im. tkgt!,
{`t [. T=4 tt
i
2 t t�
it T a"s tey ! yt tt== tldi ' {li ,t t Ott t
�t�� kT 4iy itT !t t _ 1. tt ¢ t4} �iI 9}+� i �tfii ii; a aY
=, ; ;i v tst 4ag it" 1? tCT1s? T''¢ it, li �tt ii t.�t£ _
t3 1t1tt1 ,t1 fit ttl ¢t Li tt 1=• i' ! t;,s[t lit ' tt t;�1°}°tt =� °• k �[ tat¢t t!! 1
ttt3°=yt= tt
wit ltt[d djt,t ittt; tit
I. tii tt ttii 1 :Ili 1 }�t t't `!tt '} t L�ttt t¢ tk [ t t
' 4ta t `£ y � t tai t !d t t= ;'t !. V _; ,' ;4. ;=t t° lty £' t ! t !
1 T i �� ,t't' A. � t �'�i! = ss t �t Z 111. y � ` : t't a ,L ' i ¢' �a � ? t
i t =_ t11' t t ty' t t1=t� [A ?t 1,=a �ti¢ t i !t�` != tt }_` 1= 2 f
y=i kt �t� `$ tt! t,.t }?t ti t i x°f L { t, td 2►i ,} 3t i � a t i
►} ttc t it L , ! tt °j ;Lttt t Eta e t a !! [ 1
%' =!ta . q tt 'F ; �► elit } s t�t t t
! T L T fl g a
t t a ! s , tkt {{� =d°t= i ! ,TS it =.� 4 . t[ ata}�¢ ;4 ,Zt. a.Ti• c
li ttt �¢ ? S at¢tt t;° (t 2 "t1 : }i ?, a' t }t ?! = ti T i t? t i i
' ?Lai? °t>t it Z Lt 't t]tt !� £ �E Zs t }: ?Yyt I It'll I y
t°ka } = T t? +td t'• �` t ?,+� : tt It It'll L
t'tda �' }4 a °¢i ! t a
11 ]. to t' "All !
tit�' t'ti9ria jiit ;:�t }��: }jili 3tt ;i }t 't¢ T t=1 eta+ 1
alit i '°tq�i�� Al �1iE All ?,'�,y � !�� �� ���}B
¢t t !`° ti} 3 kt `+%i i?�tt tl [ t} � 't [�ht'�T ? t
a
tt t ! fit`}}t !¢ alt �1 '�tt' 't k[ ;:
it= t`at it1' t't 3igti t i �1 ;,
t= ! 1 i
ttr [��
dtt t } tit¢i� tt£t j' i�9s till= Sattl I,fi' i.•it
a tt t i a = ° yt , ti t = ¢
}�ryy
kill'
� �i�t=i tt t =�4'►tit �;; t tt� '��[$ �i � t1�S{q;1;} t1 ti 4� ;t'it`�T$, till
t 2 '; a iq}lYti¢ISSZI�[t 1 4ft4i0 tt �+ } t`�° ,� t•ati § Lt�iy t� ¢'` =tt'`i-lt qtt l [3 4�tt
,mi'it Its'
tt yy�iat t t€�to tttit
t�•gltat�tt + t t ttt'� it 1T ti ¢ t 1tTS1�t lea t= a=ttlxttt �t l►• i $ a.ty1�t, t
WWI—
}t t j1 1't t};t}�t1t�� '= . Ott is 1 ! tltt°St t a
it y =W t? j4 y k. a t' tt ¢ 17v
1 of 'T �St
T t ? � � a
} ¢ tt t T ! t a L
Z? [4 t� f t t� Ti t1 IV r i3 of ti tt 4� 4 a t t'tj 2 ,ai , 2,. a FS! ¢ tt `tti tE
Y ! Tt 9 � •y° e a, g [ , i g = t d1 ty =
tT tx ttat{
d at t►' it j' a jt t� t ttt tt} t }tt,i it at tt t 1 ! t 5 TattT d =. t '
t=
it
t 1 i a t
> ! [ = t�. � !fi � tt �t � zit t a i ytiaK t � �• [ i} = Ztt tt' a[ a 't� 9�yt i•ig
it = }�' tt 1 ► It 1 ��t't t i t a t ! , t i
t. L ` q ,k [t' t tits! ! 1
tit t' '
t
Ilk
Li �i t� ,tt �� � t t 1t ;i it �;ti �t � i�£•► tt i � Li 1 '; �,L{; �_ � � �5�d y l i 1 a
?} ! t tit 11t t
is 9t tt tg1 t? $ 9 t i{ `t ap `+i� ►t 1 Ott tt i t't� ! 2 t aiki9 i =y� i�a1
�y
' ¢ 6
t
i
t?f�*
.y £ i}� t' tittaS �A!fa} t fit! i � £ ttii,y
i}£ Tt lat �ttytt t it ,EE ttrii; t tlt�t4= i k>ti �f 1
d t` [ ` S tt�t t £yt t = t t a ; ! t ;at
tt � , t yilt,i lit
lttl { €A �[ t}t t t,;lt� ;tt¢
=t' [ 1 ! t¢S £ tS ' i S i •t ;aj+1
9g fl ' �tt � } i•{ •, ��ilttt gt t 1 t,t A ttAyj tti t �t Ta Ltt}
a }tt i� ' 1 tit, it: S2 t l i t }Z Ay(i�°t iq i i¢;iq t .• 4
1tit;=� tiit t tit 4aii ; ,f t1¢ Iqs �} r, } it aFl i ,� ? � t } i��q { iylt t ,! ytt its All%t': I l 1�11a ti � � i ¢`i�t i ? i,? f a t�� aiittit,l i 1 1t 1 ?' yttt
t$ �6 . [ t k�£2� t [�i `t� 3 = i ¢ _ t `�'It t ���t}.t �} 9t= I i:`a's Si
t i t.t S t t , !t i a[ Sa! t t i [a
ti a f i,t a a i 3 �, til ;[ y ttq i
,Zt[t T fit} i ! [ its tt t t ; t'•,t i tits 3 t¢( t k�1t
.it tY} } I i t 1[ '` t t l £ + tt 1 t:, ' t°
i2 8I t.¢t[� t it;{ alit i t t t+ t. t t }t St �f tt 't X 8gi ► t t c t t [t!j
ti }' ` t i{'� ' is •t itx I st a;tt 3 ;
a [t tT it t t t !t it
to !t 1 Slit= a t !k[ i ii agt Aii a a i a is �` T' 0 97 y� 2 i�tsi + �t.
t[ ,t T t t tl t ti at, '�
tit ,yi, i ti t gl� ' ; l+it �t I
tfi ti L ���� la tl � �.t�4i �� f� }t
�� tit4t a tt t L[ `Lt. i$� t iq ai T t , a 1y tt t 'tttyt a �t
! '( ti 4tyS t' �it_i
iltt4�9lti ! _`
�i it i11 a4
l�tZ A t 1 S tit= ti Tt 2 ¢it►�tt �! t te�� ���iti{���t?�'ii! ;! � ttt?�t ?T# t��t[� � tia at;4 }� �t
tt�?
t
t� t1,t�t
¢ t. : t+ tt gt� i�
y
lilt
it�t�t 't i t txtt: 'a 4};1 d� ttit¢,t g t}t!t i nt.[_ t t
it Otit i i}l tty ti t tIt'll '°�q t�i1� ;t { ants
� t4 i'Z!t` [} 3 ii' a ]i t�''y� }t t° ;kgY
a IM t £ i t Y iv f
¢� ii A y i ''}:l ' ? Is 4111t i ! 1"?�qqt ? S
'ta lj} [ ttti t ¢t_! tt t } [l! t �y= t
��tit t it
�Vlj ? it
St
L itt Sic t= S t !t t
i �� i�ti ►�ti!; t ,t i!t tit �3 _�
i '
t� ��i� it
"kill E t` f ii 1 Lit? t
t'tt=a it i = stt
_
Ma r'ar }y
ENTS NS i+
I
WAY MPaoVFk1 (;Q ^�
ON ROAD PROPERN
•.p t...., M0�' CITY ELGtN,1WljO1S MM.
l¢t?¢ U00-SPECIFICATIONS
EXHIBIT E
CALCULATION OF CITY IMPACT FEES
Note: the following fee amounts are current as of FY2014
Impact Fees
1. Water System Capital Connection Fees
(Amount Based on Size of Service)
1" or Smaller Water Services: $1,300
1.25" Water Services: $2,030
1.5" Water Services: $2,910
2" Water Services: $5,160
4" Water Services: $20,680
Water Services Larger than 4": $25,000
Fire Suppression Service (fixed fee) $1,300
2. Public Safety Impact Fee (Northwest Subarea) $199.61
Non-Residential—Amount calculated per 1,000 sq.ft.
(Maximum Contribution for a Non-Residential Building: $35,644.02 in 2014,
subject to an annual increase of 3%)
The above impact fees to be collected along with recaptures and/or reimbursements at the
time of obtaining a permit for each individual building based on its total floor area.
EXHIBIT F
Ordinance No. Txx-14
AN ORDINANCE
ALLOCATING THE COST OF THE EXTENDED
SECTION OF ALFT LANE/MASON ROAD IMPROVEMENTS
TO BENEFITTED PROPERTIES
WHEREAS, the City of Elgin, a municipal corporation of the counties of Cook and
Kane, in the State of Illinois (hereinafter referred to as the "City"), and David Huang (hereinafter
referred to as "Developer") entered into an Annexation Agreement (being hereinafter referred to
as "Annexation Agreement") dated , 2014; and
WHEREAS, the City, the Developer agreed in said Annexation Agreement, Section 6B,
that upon the completion of the design and construction of the extended section of Alft
Lane/Mason Road, the City would adopt a recapture ordinance for the benefit of the Developer
to collect from the owner or owners of the benefitted properties to the north of the Subject
Property their pro rata share of the cost to complete construction such road section (hereinafter
referred to as "Subject Extended Section of Alft Lane/Mason Road Improvements"); and
WHEREAS, the Developer extended the Subject Extended Section of Alft Lane/Mason
Road Improvements and it is fair and equitable to require benefitted properties to pay their fair
share of the improvements; and
WHEREAS the installation of the Subject Extended Section of Alft Lane/Mason Road
Improvements makes such improvements available to nearby properties and thereby benefits said
properties; and
WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and
perform any function pertaining to its government and affairs; and
WHEREAS, the construction of the Subject Extended Section of Alft Lane/Mason Road
Improvements and allocation of the costs of said Subject Extended Section of Alft Lane/Mason
Road Improvements to benefitted properties pertains to the government and affairs of the City of
Elgin; and
WHEREAS, the City has determined that the Subject Extended Section of Alft
Lane/Mason Road Improvements heretofore described shall benefit parcels of land with a
total acreage of acres, as depicted on Exhibit A entitled "Recapture Area"; and
WHEREAS, within the Recapture Area, one of the parcels is owned by the
Developer, acres of the total , making % of the costs of the Subject
Extended Section of Alft Lane/Mason Road Improvements attributable to the Developer and the
remaining parcels will share in the remaining balance of the costs of the Subject
Extended Section of Alft Lane/Mason Road Improvements; and
WHEREAS, the total Project Cost of the Subject Extended Section of Alft Lane / Mason
Road Improvements was $ ; and
WHEREAS, the City Council hereby finds that the fair proportionate share of the cost of
the above described Subject Extended Section of Alft Lane / Mason Road Improvements to
properties benefited by the availability of such facilities should be computed at the rate of
$ per gross acre.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the owner of any of the Subject Benefitted Properties identified in
Exhibit B attached hereto and made a part hereof who desires to annex into the City of Elgin
and/or otherwise connect to and use the Subject Extended Section of Alft Lane/Mason Road
Improvements shall pay to the Developer the amount allocated as the fair proportionate share of
the costs of the Subject Extended Section of Alft Lane/Mason Road Improvements being the
amount of$ per gross acre. Said fee shall be in addition to any and all other fees
established by the City of Elgin for the Extended Section of Alft Lane/Mason Road
Improvements and in addition to any and all other requirements established by the City of Elgin
for connection to or use of the Extended Section of Alft Lane/Mason Road Improvements
including, but not limited to, annexation into the City of Elgin.
Section 2. No property listed in Exhibit B that will be adjacent to and/or otherwise use
the Subject Extended Section of Alft Lane/Mason Road Improvements shall be annexed into the
City or shall be issued a building permit or otherwise be issued a permit by the City of Elgin to
connect or to otherwise use the Subject Extended Section of Alft Lane/Mason Road
Improvements until such time as payment is made to the Developer in an amount equal to such
property's proportionate share of said improvements as set forth in this ordinance. The
Developer shall issue a certificate of payment in the form approved by the City upon the
payment of reimbursement from the owner of a benefitted property.
Section 3. That any property held in common ownership with and contiguous to
property subject to the provisions of this ordinance on the effective date of this ordinance shall
be subject to payment based on the entire amount established for the entire parcel as provided in
the ordinance.
Section 4. That the owner of any of the Subject Benefitted Properties identified in
Exhibit B attached hereto may pay the amount allocated without interest if payment is made
prior to . If full payment is not made prior to , then payment
shall be made in full plus interest at the rate of percent (_%) per annum accruing from
until the date of payment. Notwithstanding the foregoing, interest will stop
accruing twenty (20) years after the date of the adoption of this ordinance.
- 2 -
Section 5. The provisions of this ordinance are not intended and shall not be construed
as to authorize or entitle the owner of any of the subject benefitted properties, or any other
person or entity, the right to annex into the City of Elgin.
Section 6. In the event of any conflict between the provisions of this ordinance and the
provisions of any other ordinance, the provisions of this ordinance shall supersede and control.
Section 7. Developer shall within thirty (30) days of the adoption of this ordinance
record a certified copy of this ordinance with the Kane County Recorder. Developer shall also
within thirty (30) days of the adoption of this ordinance, send out by regular mail notice of the
adoption of this ordinance with a copy of the ordinance to the property owners whose names
appear on the tax bills for the benefitted properties identified in Exhibit B.
Section 8. The provisions of this ordinance shall be non-recourse to the City of Elgin
and the City of Elgin shall not be responsible in the event there is no development of any of the
subject benefitted properties and/or the recapture payments provided for in this ordinance are
otherwise uncollected for any reason
Section 9. That this ordinance shall be in full force and effect from and after its passage
and publication in the manner provided by law.
David J. Kaptain, Mayor
Presented:
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Kimberly A. Dewis, City Clerk
FALegal DeptUrdinances\Recapture-Alft Lane Mason Rd-Huang.docx
- 3 -
EXHIBIT B
RECAPTURE COSTS
Parcel Index Number Recapture
Parcel Owner/Legal Description Acreage Amount
(INSERT LISTING OF INFORMATION FOR SUBJECT BENEFITTED PROPERTIES)
- 5 -
J
EXHIBIT G
LISTING OF RECAPTURES AND/OR REIMBURSEMENTS DUE TO THE
CITY
Note: the following fee amounts are current as of FY2014
1. Sewer Recapture Fees
a. Northwest interceptor Sewer $100.00
b. Tyler Creek/Big Timber Subarea $264.00
Industrial square footage—Amount Calculated per 1,000 sq.ft.
(Maximum sewer recapture fee for a non-residential building: $50,000.
The above recaptures and/or reimbursements to be collected along with impact fees at the
time of obtaining a permit for each individual building based on its total floor area.
THIS INSTRUMENT PREPARED BY 2O 1 4KO34 1 0a
AND RETURN TO: S$4NDY WE:SMAN
William A. Cogley RECORDER - KANE COUNTY, IL
Corporation Counsel REC11RDB: 7/14/2014 04:09 PM
City of Elgin REt S;.N
150 Dexter Ct.
Elgin, Illinois 60120
THE ABOVE SPACE FOR RECORDER'S USE
MEMORANDUM OF ANNEXATION AGREEMENT
WITNESSETH
On July 9, 2014, the City of Elgin, an Illinois municipal corporation, and David Huang,
as Owner(s) and Developer(s) of the real estate commonly known as 2601 Mason Road, Elgin,
Illinois 60124, and legally described in Exhibit A attached hereto (the "Subject Property")
entered into an Annexation Agreement (the "Annexation Agreement"). The Annexation
Agreement provides for the annexation of the Subject Property into the City of Elgin and
provides for certain other requirements including, but not limited to, requirements relating to the
use, zoning and development of the Subject Property. The Annexation Agreement should be
reviewed and consulted regarding the specific terms and provisions that encumber the Subject
Property.
This Memorandum of Annexation Agreement does not alter, amend or modify the
Annexation Agreement, but is solely for the purpose of giving notice of the Annexation
Agreement.
IN WITNESS WHEREOF, this Memorandum of Annexation Agreement has been
prepared and recorded by the City of Elgin.
CITY OF ELGIN, an Illinois municipal
corporation W By W
William A. Ty Its Corporatounsel
Subscribed and sworn to before
me this 14th day of July, 2014.
� ��) }�O �'" "OFFICIAL SEAL"
otary
N Pub1ic BARBARA E.FURMAN
Notary Public,State of Illinois
My Commission Expires 08/06/15
EXHIBIT A
The Northeast Quarter of the Northwest Quarter and the Northwest Quarter of the Northwest
Quarter (except the North 10.50 chains) of Section 31, Township 42 North, Range 8 East of the
Third Principal Meridian, in the Township of Dundee, Kane County, Illinois.
Together with that part of Mason Road lying North of and adjoining the above described
property.
PIN: 03-31-100-002
-2-