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Home My WebLink AboutG55-24 Recorded2024KO39985 State of Illinois ) County of Kane) ss City of Elgin ) CERTIFICATE OF CITY CLERK SANDY WEGMAN RECORDER - KANE COUNTY, IL RECORDED: 10/30/2024 12:04 PM REC FEE: 80.00 PAGES: 5 I, Kimberly Dewis, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of. ORDINANCE NO. G55-24 PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD WITHIN A DEFINED AREA OF THE CITY OF ELGIN AT 356-358 DUNDEE AVENUE passed by the Elgin City Council at its legally convened meeting held on October 23, 2024. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this October 30, 2024. 1 Yiis instrument prepared by: Christopher Beck Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120 Return to: Kimberly Dewis Elgin City Clerk 150 Dexter Court Elgin, IL 60120 Ordinance No. G55-24 AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD WITHIN A DEFINED AREA OF THE CITY OF ELGIN AT 356-358 DUNDEE AVENUE WHEREAS, a certain property in the City of Elgin, commonly known as 356-358 Dundee Avenue has been used over a period of time for commercial/industrial purposes; and WHEREAS, because of said use, concentrations of certain chemical constituents in the groundwater beneath the property depicted in Exhibit A may exceed Class I groundwater quality standards for potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier 1 residential remediation objectives as set forth in 35 Illinois Administrative Code 742; and WHEREAS, the City of Elgin desires to limit potential threats to human health from groundwater contamination while facilitating the redevelopment and productive use of properties that are the source of chemical constituents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Recitals. The foregoing recitals are incorporated herein as findings of the Mayor and City Council. Section 2. Definitions. The terms and words used in this ordinance shall be used, interpreted and defined as set forth in this Section: "Person" shall mean any individual, partnership, co -partnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representatives, agents or assigns. "Potable water" shall mean any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, swimming, washing dishes, preparing foods, or watering gardens in which produce intended for human consumption is grown. "the Property" shall mean that real property depicted and legally described in the survey attached hereto and incorporated by reference into this ordinance as Exhibit B, with a common address of 356 and 358 Dundee Avenue and bearing Parcel No. 06-13-102-024, and two other properties commonly known as 350 Dundee Avenue (Parcel No. 06-13-102-027) and 322 Ann Street (Parcel No. 06-13-102-028) as shown on Exhibit A attached hereto and incorporated by reference into this ordinance. -1- Section 3. Use of groundwater as a potable water supply prohibited. The use or attempt to use as a potable water supply, groundwater from the Property, by the installation or drilling of wells or by any other method is hereby prohibited. Section 4. Restrictions binding on City. Except for the provisions of Section 5, all restrictions contained in this ordinance shall be binding on the City. Section 5. Penalties. Any person violating the provisions of this Ordinance shall be subject to a fine of up to $500.00 for each violation. Section 6. Repealer. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed insofar as they are in conflict with this Ordinance. Section 7. Severability. If any provision of this Ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the Ordinance as a whole or of any portion not adjudged invalid. Section 8. Effective Date. This ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. i David J. Ka ain, Mayor Presented: October 23, 2024 Passed: October 23, 2024 Vote: Yeas: 9 Nays: 0 Recorded: October 23, 2024 Published: October 23, 2024 Atte imberly Dewis, Ckytlerk -2- < z 0 \j\ \� < < }\\ ME Q� < Lj w o < cD 0 Z 0 m Q M Z 0 Q U O _1 O r z ONiuW wgp O ¢FQ¢z¢p oW°w�g�w N 3wLLLLooW ¢ wm oNo W 2 LL m N U NimJ�awz y3zwm� r>N Nww z ¢w3wowz w zzz>�w° O ZmO w 1-a2¢�O� Z LL LL F¢ 2 Z 00 ¢prey p ZZZLLQO �¢wms�JN� r 2HLL Oooin -� �>-- r� Z U a N~ Z iOnF O < ZO 6 g W W p oz¢ �xap x FOo�,'I-Tw TO2 a_wY 2 � ,., 02N O "Z W a p 00 rz� O maz�aiLL=u � N wTNr-v,~w d ¢ Orww"dwzw�>z? wm-'zz uj WWw U J hWS.U°C7 Q mo�raz�w C7 ��z¢o3wzm W i W— J t-UOwNO O 99 i1 �Ill/vo0 FA $S b � Ci Ok/ 7, boo 2 g> Oe Z� OF Zvi 0o �`��N�j r ogg� 'c W� cV 3 N F x� w NF a szG- Z pww=�Na G wa O�rvaZOSNVUi ¢�~° oFp oC��o o"'oa J-F$U,Z U7m> �aa3�o�z=2 <� =2F p03u 2��0 o QZUozm � �z�p w<o��w w�zN UZZQ i�o"x3zCwQ . atz: No�ry�wwFN� 3Qi� m w-'�WmW wg awl w u'zm�aN�xU >px� F,�az=ai out ti�aa _ W 3 p o - - w o - U N � O � Z. a w W w w w w w w w w W w w p I� IE LU W cc U u) w z O 0 ax< N o p zw m w Z w oaz az6 a °1 o i up �<02 v �paU is q u E x" Z� 6w m� �w<Ef z w0 Z¢U z aw w�a wwa z 0 W 0, SH g cn W J Q Y 5 F-yxm Q wUOoFw00 Z Z n. d >�¢w°> o a 6 G U z Z W ¢ Op�ylOw z {¢-- zWW�'w�wa O Q 05 r 860ZJw 9pZQU l au ooyz> _ w�owomosa p a faz"'Ww`nF- ZyQO�ZOwyZ w ou�OWw�wa� p NU a �ZZOZ2a02 m o Z0-, 9 jo wr _ry p y O W Z U�_> N y Z W J U N Z 2 w a4mdK21-1-¢ w��WW0��2 p =r=QLLO 8 'ui¢jzo¢Wa ¢ W w Lli �Ix-wx_z3p o ¢op3owa0OJ Q u 'LL`w¢wzomaa W z W Z CD aap,w'J� °¢ O ¢w�Qo o co z Fm w�=?o>o°ateco � o °x ¢-wt°n,SodmoO Q0 p '�pzz W/-'OwF �o ° a M (9pr��wuZp N�¢¢�O>py�w � F 2wwUWZUwiw a OmxWm>>'Omx�W z x uN,o�x�0-'w¢3 3pawww�z ¢p¢I-0 z� r y O yaWl000U>¢=U� OZ¢�aotpn�zm ¢pg¢ h�NC1R m Q O � p LL z zC4 ga U y w W Ua zp p > w a m LL p N F W F a W N zW z i8¢>o O t-co m zpppxwF° z OOx a Woo I p az aL aS w U rmuLLiwz¢ w w �m�o<w Gws] 4C z�oz 0 F p Wo,O¢wz Y 0 ZOONFp Uq32 u 3 xwzc' L7 o f - w wy�a�,�Z o azaa O a oW 3Uoz N wT 0 oz`Ozo>m .� a az r�- Os��QaQ W 0 r°Uav=iw0� 2025K014812 PREPARED BY: SANDY WEGMAN RECORDER - KANE COUNTY, IL Mr. Richard Kozal RECORDED: 4/25/2025 2:23 PM City of Elgin REC FEE: 80.00 PAGES: 16 150 Dexter Court Elgin, Illinois 60120 RETURN TO: Mr. Richard Kozal City of Elgin 150 Dexter Court Elgin, Illinois 60120 THE ABOVE SPACE FOR RECORDER'S OFFICE This Environmental No Further Remediation Letter must be submitted by the remediation applicant within 45 days of its receipt, to the Office of the Recorder of Kane County. Illinois State EPA Number: 0894385914 The City of Elgin, the Remediation Applicant, whose address is 150 Dexter Court, Elgin, Illinois 60120 has performed investigative and/or remedial activities for the remediation site depicted on the attached Site Base Map and identified by the following: 1. Legal Description or Reference to a Plat Showing the Boundaries: THAT PART OF LOT 2 IN BLOCK 14 OF P.J. KIMBALL JR'S THIRD ADDITION TO ELGIN, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF ANN STREET WITH THE WESTERLY LINE OF DUNDEE AVENUE; THENCE NORTHERLY ALONG THE WESTERLY LINE OF DUNDEE AVENUE 99 FEET TO THE LANDS FORMERLY OWNED BY JAMES S. TAYLOR FOR A POINT OF BEGINNING; THENCE WESTERLY 89.76 FEET ALONG THE SOUTHERLY LINE OF SAID TAYLOR LANDS TO A PARCEL OF LAND FORMERLY DEEDED BY JAMES F. TAYLOR AND WIFE TO EDWARD TRUMBULL; THENCE SOUTH 12-'%° WEST ALONG THE EASTERLY LINE OF SAID PARCEL OF LAND 40 FEET; THENCE EASTERLY 83 FEET TO A POINT IN THE WESTERLY LINE OF DUNDEE AVENUE 40 FEET SOUTHERLY FROM THE POINT OF BEGINNING; THENCE NORTHERLY ALONG THE WESTERLY LINE OF DUNDEE AVENUE 40 FEET SOUTHERLY FROM THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. 2. Common Address: 356-358 Dundee Avenue, Elgin, IL 60120 3. Real Estate Tax Index/Parcel Index Number: 06-13-102-024 4. Remediation Site Owner: City of Elgin (Illinois EPA Site Remediation Program Environmental Notice) 5. Land Use: Residential and/or Industrial/Commercial 6. Site Investigation: Focused See NFR letter for other terms. (Illinois EPA Site Remediation Program Environmental Notice) ,ICK ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 2520 WEST ILES AVENUE,P.O.Box 19276,SPRINGFIELD,ILLINOIS 62794-9276.(217)782-3397 JB PRITZKER,GOVERNOR LAMES JENNINGS,ACTING DIRECTOR (217) 524-3300 March 31, 2025 CERTIFIED MAIL 9589 0710 5270 1328 8272 84 Mr. Richard Kozal City of Elgin 150 Dexter Court Elgin, IL 60120 Refer to: 0894385914/Kane County Elgin/356-358 Dundee Avenue Site Remediation/Technical No Further Remediation Letter Dear Mr. Kozal: The Response to Comments July 24, 2024(received November 6, 2024/Log No. 24-78992), as amended by the Response to February 4, 2025 Letter(received March 4, 2025/Log No. 25- 79485), in conjunction with the Focused Site Investigation Report (FSIR)/Remedial Objectives Report (ROR)/Remedial Action Plan (RAP) (received June 13, 2023/Log No. 23-76689) as amended by the FSIR/ROR/RAP Addendum (received April 30, 2024/Log No. 24-78127), all of which were prepared by Ramboll for the above-referenced Remediation Site, has been reviewed and approved by the Illinois Environmental Protection Agency("Illinois EPA"). The remediation objectives approved for the site, in accordance with 35 Illinois Administrative Code Part 742, are above the existing concentrations of regulated substances and the above report shall serve as the approved Remedial Action Completion Report. The Remediation Site, consisting of 0.079-acre, is located at 356-358 Dundee Avenue, Elgin, Illinois. Pursuant to Section 58.10 of the Illinois Environmental Protection Act("Act") (415 ILCS 5/1 et seq.), your request for a no further remediation determination is granted under the conditions and terms specified in this letter. The Remediation Applicant, as identified on the Illinois EPA's Site Remediation Program DRM-1 Form (received January 9, 2023/Log No. 23- 75944), is the City of Elgin. This focused No Further Remediation Letter("Letter") signifies a release from further responsibilities under the Act for the performance of the approved remedial action. This Letter shall be considered prima facie evidence that the Remediation Site described in the attached Illinois EPA Site Remediation Program Environmental Notice and shown in the attached Site Base Map does not constitute a threat to human health and the environment for the specified recognized environmental conditions so long as the Site is utilized in accordance with the terms of this Letter. 21255.First Street,Champaign,IL 61820(217)278-5800 595 S.State Street,Elgin,IL 60123(847)608-3131 115 S.LaSafle Street,Suite 2203,Chicago,IL 60603 2309 W.Main Street,Suite 116,Marion,IL 62959(618)993-7200 1101 Eastport Plaza Dr.,Suite 100,Collinsville,IL 62234(618)346-5120 412 SW Washington Street,Suite D,Peoria,IL 61602(309)671-3022 9511 Harrison Street,Des Plaines,IL 60016(847)294-4000 4302 N.Main Street,Rockford,IL 61103(815)987.7760 PLEASE PRINT ON RECYCLED PAPER Conditions and Terms of Approval Level of Remediation and Land Use Limitations 1) The recognized environmental conditions characterized by the focused site investigation and successfully addressed, consist of the contaminants of concern identified in the attached Table A. 2) The Remediation Site is approved for Residential and/or Industrial/Commercial land use. 3) The land use specified in this Letter may be revised if: a) Further investigation or remedial action has been conducted that documents the attainment of objectives appropriate for the new land use; and b) A new Letter is obtained and recorded in accordance with Title XVII of the Act and regulations adopted thereunder. Preventive, Engineering, and Institutional Controls The implementation and maintenance of the following controls are required as part of the approval of the remediation objectives for this Remediation Site. Preventive Controls: There are no preventive controls required. Engineering Controls: There are no engineering controls required. Institutional Controls: 4) Any existing buildings or any future buildings constructed on the site must contain a full concrete slab-on-grade floor or full concrete basement floor and walls with sealed sumps. 6) Any existing or any future on-site sumps must be sealed and remain sealed with the approved cap and vent system. A caution label must be affixed to the vent pipe indicating that the system cannot be dismantled without proper consultation. In addition, the sump cover must be resealed if it is ever removed for sump pump inspection, replacement, maintenance or for any other reason. The vent system must also be correctly maintained under such circumstances. 7) Ordinance Number G55-24 adopted by the City of Elgin on October 23, 2024, effectively prohibits the installation and use of potable water supply wells in the City of Elgin. This ordinance provides an acceptable institutional control under the following conditions: a) The current owner or successor in interest of this Remediation Site who relies on this ordinance as an institutional control shall: i) Monitor activities of the unit of local government relative to variance requests or changes in the ordinance relative to the use of potable groundwater at this Remediation Site; and ii) Notify the Illinois EPA of any approved variance requests or ordinance changes within thirty (30) days after the date such action has been approved. b) The Remediation Applicant shall provide written notification to the City of Elgin and to owner(s) of all properties under which groundwater contamination attributable to the Remediation Site exceeds the objectives approved by the Illinois EPA. The notification shall include: i) The name and address of the local unit of government; ii) The citation of Ordinance Number G55-24; iii) A description of the property for which the owner is being sent notice by adequate legal description or by reference to a plat showing the boundaries; iv) A statement that the ordinance restricting the groundwater use has been used by the Illinois EPA in reviewing a request for groundwater remediation objectives; v) A statement as to the nature of the release and response action with the name, address, and Illinois EPA inventory identification number; and vi) A statement as to where more information may be obtained regarding the ordinance. c) Written proof of this notification shall be submitted to the Illinois EPA within forty-five (45) days from the date this Letter is recorded to: Illinois Environmental Protection Agency Bureau of Land/RPMS #24 2520 West Iles Avenue Post Office Box 19276 Springfield, Illinois 62794-9276 d) The following activities shall be grounds for voidance of the ordinance as an institutional control and this Letter: i) Modification of the referenced ordinance to allow potable uses of groundwater; ii) Approval of a site-specific request, such as a variance, to allow use of groundwater at the Remediation Site or at the affected properties; iii) Failure to provide written proof to the Illinois EPA within forty-five (45) days from the date this Letter is recorded of written notification to the City of Elgin and affected property owner(s) of the intent to use Ordinance Number G55-24 as an institutional control at the Remediation Site; and iv) Violation of the terms and conditions of this No Further Remediation letter. Other Terms 8) Where a groundwater ordinance is used to assure long-term protection of human health (as identified under Paragraph 7 of this Letter), the Remediation Applicant must record a copy of the groundwater ordinance adopted and administered by a unit of local government along with this Letter. 9) Where the Remediation Applicant is not the sole owner of the Remediation Site, the Remediation Applicant shall complete the attached Property Owner Certification of the No Further Remediation Letter under the Site Remediation Program Form. This certification, by original signature of each property owner, or the authorized agent of the owner(s), of the Remediation Site or any portion thereof who, is not a Remediation Applicant, shall be recorded along with this Letter. 10)Further information regarding this Remediation Site can be obtained through a written request under the Freedom of Information Act(5 ILCS 140) to: Illinois Environmental Protection Agency Attn: Freedom of Information Act Officer Division of Records Management #16 2520 West Iles Avenue Post Office Box 19276 Springfield, Illinois 62794-9276 11)Pursuant to Section 58.10(f) of the Act (415 ILCS 5/58.10(f)), should the Illinois EPA seek to void this Letter, the Illinois EPA shall provide notice to the current title holder and to the Remediation Applicant at the last known address. The notice shall specify the cause for the voidance, explain the provisions for appeal, and describe the facts in support of this cause. Specific acts or omissions that may result in the voidance of the Letter under Sections 58.10(e)(1)-(7) of the Act(415 ILCS 5/58.10(e)(1)-(7)) include, but shall not be limited to: a) Any violation of institutional controls or the designated land use restrictions; b) The failure to operate and maintain preventive or engineering controls or to comply with any applicable groundwater monitoring plan; c) The disturbance or removal of contamination that has been left in-place in accordance with the Remedial Action Plan. Access to soil contamination may be allowed if, during and after any access,public health and the environment are protected consistent with the Remedial Action Plan; • d) The failure to comply with the recording requirements for this Letter; e) Obtaining the Letter by fraud or misrepresentation; f) Subsequent discovery of contaminants, not identified as part of the investigative or remedial activities upon which the issuance of the Letter was based, that pose a threat to human health or the environment; g) The failure to pay the No Further Remediation Assessment Fee within forty-five(45) days after receiving a request for payment from the Illinois EPA; h) •The failure to pay in full the applicable fees under the Review and Evaluation Services Agreement within forty-five (45) days after receiving a request for payment from the Illinois EPA. 12)Pursuant to Section 58.10(d) of the Act, this Letter shall apply in favor of the following persons: a) The City of Elgin; b) The owner and operator of the Remediation Site; c) Any parent corporation or subsidiary of the owner of the Remediation Site; d) Any co-owner, either by joint-tenancy, right of survivorship, or any other party sharing a relationship with the owner of the Remediation Site; e) Any holder of a beneficial interest of a land trust or inter vivos trust, whether revocable or irrevocable, involving the Remediation Site; f) Any mortgagee or trustee of a deed of trust of the owner of the Remediation Site or any assignee, transferee, or any successor-in-interest thereto; g) Any successor-in-interest of the owner of the Remediation Site; h) Any transferee of the owner of the Remediation Site whether the transfer was by sale, bankruptcy proceeding, partition, dissolution of marriage, settlement or adjudication of any civil action, charitable gift, or bequest; i) Any heir or devisee of the owner of the Remediation Site; j) Any financial institution, as that term is defined in Section 2 of the Illinois Banking Act and to include the Illinois Housing Development Authority, that has acquired the ownership, operation,management, or control of the Remediation Site through foreclosure or under the terms of a security interest held by the financial institution, under the terms of an extension of credit made by the financial institution, or any successor-in- interest thereto; or k) In the case of a fiduciary (other than a land trustee), the estate, trust estate, or other interest in property held in a fiduciary capacity, and a trustee, executor, administrator, guardian, receiver, conservator, or other person who holds the remediated site in a fiduciary capacity, or a transferee of such party. 13)This letter, including all attachments, must be recorded as a single instrument within forty- five(45)days of receipt with the Office of the Recorder of Kane County. For recording purposes, the Illinois EPA Site Remediation Program Environmental Notice attached to this Letter should be the first page of the instrument filed. This Letter shall not be effective until officially recorded by the Office of the Recorder of Kane County in accordance with Illinois law so that it forms a permanent part of the chain of title for the 356-358 Dundee Avenue property. 14)Within thirty (30) days of this Letter being recorded by the Office of the Recorder of Kane County, a certified copy of this Letter, as recorded, shall be obtained and submitted to the Illinois EPA to: Illinois Environmental Protection Agency Bureau of Land/RPMS #24 2520 West Iles Avenue Post Office Box 19276 Springfield, Illinois 62794-9276 15)In accordance with Section 58.10(g) of the Act, a No Further Remediation Assessment Fee based on the costs incurred for the Remediation Site by the Illinois EPA for review and evaluation services will be applied in addition to the fees applicable under the Review and Evaluation Services Agreement. Request for payment of the No Further Remediation Assessment Fee will be included with the billing statement. If you have any questions regarding the 356-358 Dundee Avenue property, you may contact the Illinois EPA project manager, Jessica Totten at 217/524-3265. Sin• ely, a..., Je Schultz, Manager Remedial Project Management Section Division of Remediation Management Bureau of Land Attachments: Illinois EPA Site Remediation Program Environmental Notice Site Base Map Table A: Regulated Substances of Concern City of Elgin Groundwater Ordinance Property Owner Certification of the NFR Letter under the Site Remediation Program Form Instructions for Filing the NFR Letter cc: Tracy Hofmann Ramboll Tracy.Ho fmann@rmboll.corn Bureau of Land File Remedial Project Management Section ,, „..............,...70 REMEDIATION SITE BOUNDARY CRY OF ELGIN OWNED PARCEL 1 NI SITE BASE MAP n 6894385914/KANE COUNTY , APPROXIMATE PARCEL BOUNDARY ELGIN/356-358 DUNDEE AVENUE / • SITE RE MEDIATION I TECHNICAL REPORTS aI 1 5�j k it REM N SITE REMEDIATION SITE SITE BOUNDARY VACANT PERMANENT INDEX NUMBER: 06-13-102.024 / AREA OF SITE. 0.079 ACRES 356-358 Q� DUNDEE QJ? Naas I Cry OF ELGINGROUNt`WATER ORDNANCE / /' RG55.248 APPLICATA E lc,THE SITE WHICH PRO'HBITS THE RAMIE AND USE Of POI A61 E WATER SLFPLY WELLS OR EOUNALENT i ANY E%6TIIG BI.SOR(,S OR ANY FJTURE PIIRORY.'b fXA TRIA:T_D ON THE ST.E UUST aAVTMI A FLT1 CCI.WEIES FLOOPORFALCONCRETE RENEOEATION BASEEEXT FLOORS AVOWAL'S LN-H iFµED SUMPS. SITE BOUNDARY 0 LY.s n l I FAN VACANT SITE BASE MAP BOYS AND GIRLS CLUB (355 DUNDEE AVE) 2 /I — y SIR-ROR-RAP REPORT 7 356-35a DUNDEE AVE q ELGIN ILIJNOIS B IC ANN ST FIGURE 1 0 it i Y _ _ 2024K039985 SANDY WEGMAN RECORDER - KANE COUNTY, IL RECORDED: 10/30/2024 12:04 PM REC FEE: 80.00 PAGES: 5 State of Illinois) County of Kane) ss City of Elgin ) CERTIFICATE OF CITY CLERK I, Kimberly Dewis, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full,true, and correct copy of: ORDINANCE NO. G55-24 PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD WITHIN A DEFINED AREA OF THE CITY OF ELGIN AT 356-358 DUNDEE AVENUE passed by the Elgin City Council at its legally convened meeting held on October 23, 2024. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this October 30, 2024. 0.11111HL,Ht..., ,, t. fi:•�►'Clerk This instrument prepared by: Return to: Christopher Beck Kimberly Dewis Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 TABLE A: Regulated Substances of Concern LPC# 0894385914/Kane County Elgin/356-358 Dundee Avenue Site Remediation/Technical Volatile Organic Compounds (VOCs) CAS No. Compound Name 67-64-1 Acetone 71-43-2 Benzene 75-27-4 Bromodichloromethane 75-25-2 Bromoform 74-83-9 Bromomethane 78-93-3 2-Butanone 75-15-0 Carbon Disulfide 56-23-5 Carbon Tetrachloride 108-90-7 Chlorobenzene 75-00-3 Chloroethane 67-66-3 Chloroform 74-87-3 Chloromethane 124-48-1 Dibromochloromethane 75-34-3 1,1-Dichloroethane 107-06-2 1,2-Dichloroethane 75-35-4 1,1-Dichloroethene 540-59-0 1,2-Dichloroethene(total) 156-59-2 cis-1,2-Dichloroethene 156-60-5 trans-1,2-Dichloroethene 78-87-5 1,2-Dichloropropane 10061-02-6 trans-1,3-Dichloropropene 10061-01-5 cis-1,3-Dichloropropene 100-41-4 Ethylbenzene 591-78-6 2-Hexanone 75-09-2 Methylene Chloride 108-10-1 4-Methyl-2-Pentanone 1634-04-4 Methyl tert-butyl ether 100-42-5 Styrene 79-34-5 1,1,2,2-Tetrachloroethane 127-18-4 Tetrachloroethee 71-55-6 1,1,1-Trichloroethane 79-00-5 1,1,2-Trichloroethane 79-01-6 Trichloroethene 108-88-3 Toluene 75-01-4 Vinyl Chloride 1330-20-7 Xylenes(total) Ordinance No. G55-24 AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD WITHIN A DEFINED AREA OF THE CITY OF ELGIN AT 356-358 DUNDEE AVENUE WHEREAS,a certain property in the City of Elgin,commonly known as 356-358 Dundee Avenue has been used over a period of time for commercial/industrial purposes; and WHEREAS, because of said use, concentrations of certain chemical constituents in the groundwater beneath the property depicted in Exhibit A may exceed Class I groundwater quality standards for potable resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier 1 residential remediation objectives as set forth in 35 Illinois Administrative Code 742; and WHEREAS, the City of Elgin desires to limit potential threats to human health from groundwater contamination while facilitating the redevelopment and productive use of properties that are the source of chemical constituents. NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Recitals. The foregoing recitals are incorporated herein as findings of the Mayor and City Council. Section 2. Definitions. The terms and words used in this ordinance shall be used, interpreted and defined as set forth in this Section: "Person" shall mean any individual, partnership, co-partnership, firm, company, limited liability company, corporation, association,joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representatives,agents or assigns. "Potable water"shall mean any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, swimming, washing dishes, preparing foods, or watering gardens in which produce intended for human consumption is grown. "the Property"shall mean that real property depicted and legally described in the survey attached hereto and incorporated by reference into this ordinance as Exhibit B, with a common address of 356 and 358 Dundee Avenue and bearing Parcel No. 06-13-102-024, and two other properties commonly known as 350 Dundee Avenue(Parcel No. 06-13-102-027)and 322 Ann Street(Parcel No.06-13-102-028)as shown on Exhibit A attached hereto and incorporated by reference into this ordinance. - 1 - Section 3. Use of groundwater as a potable water supply prohibited. The use or attempt to use as a potable water supply, groundwater from the Property, by the installation or drilling of wells or by any other method is hereby prohibited. Section 4. Restrictions binding on City. Except for the provisions of Section 5, all restrictions contained in this ordinance shall be binding on the City. Section 5. Penalties. Any person violating the provisions of this Ordinance shall be subject to a fine of up to $500.00 for each violation. Section 6. Repealer. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed insofar as they are in conflict with this Ordinance. Section 7. Severability. If any provision of this Ordinance or its application to any person or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of the Ordinance as a whole or of any portion not adjudged invalid. Section 8. Effective Date. This ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. 014 David J.Ka 'n, ayor Presented: October 23, 2024 Passed: October 23, 2024 Vote: Yeas: 9 Nays: 0 4; ; Recorded: October 23, 2024 . Published: October 23, 2024 ,'-<� Atte tril;',;�, " .' • imberly Dewis, C. lerk r. -2 - !; =GROUNDWATER ORDINANCE AREA LT 11APPROXINATE SRE BOUNDARY x 0 EXHIBIT A n APPROXIMATE PARCEL BOUNDARY 06.13d02410 i .2 0 6 4 3-362411 i 6 00.13-102400 1 1 S O412-1024122 N > I 06-13-102.000 k c i Q a 3 06413.102.023 1 • 0613.102426 I (RESIDENTIAL) i 364350 OUNOEE AVENUE 06-13-102424 (CITY OF ELGI N) 322 ANN STREET 1 06-13.102426 00-13.102410 (RESIDENTIAL) o +z.s n 350 DUNDEE - I 1 I Feel 06-13-102-02T (CITY OF EL• ----' GROUNDWATER 360 OUNOEE AVENUE 1. 1a ORDINANCE AREA 06.13.102423(CITY OF ELGIq QM I J2 0 r 1 SIR-ROR-RAP REPORT 4 ` 356-3581DN DUNDEE AVE EOIS a i FIGURE 10 ANN ST REV.0 a 5 1 • i i I 1 ! / DIM ALTAINSPS LAND TITLE SURVEY Exhibit B LEGAL DESCRIPTION: THAT PART Or LOT 2 IN owrJ4 if' COMMENCING AT THE POINT OF►TTERSECTIN OF THE NORTH P.J.KIMBALL XIS THIRD NIE OF ANN MON TO S EET WITHD LIVE Of LOCATION MAP OUNUEE AVENUE.THENCE NORTHERLY ALONG THE WESTERLY LINE OF DUNDEE AVENUE 9BFEET TO THE LANDS I FORE ERLY OWNED BY JAMES S TAYLOR FOR A PONT OF BEGINNING,THENCE WESTERLY N 76 FEET ALONCL THE 1. SOUTHERLY UNE OF SAID TAYLOR LANDS TO A PARCEL OF LAND FORUMS,DEED BY JAMES F TAYLOR AND WIFE TO T• R• j t EDWARD TRUMBTIEL'THENCE SOUTH 12 17 WESTDAIS Al THE EASTERLY NNE OF SAID PARCEL OF LAND 40 FEET ,.....■ 'ems .Mt. mi. ■ THENCE EASTERLY p FEET TO A POINT N THE WESTERLY FINE OF DUNDEE AVENUE 40 FEET SOUTHERLY FROM ENE '} N ^�• 1, PONT OF BEOPM[G.THENCE NORTHERLY ALONG THE WESTER...LBE OF DUNDEE AVENUE•)FEET TOM PONT Try�f�• > S. �• . OF BEGRMNG.N THE CITY Of ELGN.BANE COUNTY LIMOIS w COMMONLY RNOLM%AS VA A JSR DUNDEE AVENUE ELGN.L1NOr5 • .. 'j. , (4 `.•� e PARCEL IDENTIFICATION NO CB I3-1Y2-024 .1 '• ' • Y **Am Ow+w . .,,, . J�. w4 .446 I , '. 1 ti • �KUCna•.+L f+ THY/T.In• [PROJECT LOCATR7N}i-J"n 4,1 . P• , PITY(+LIEN(RATE Y 1 f 0.N'Eiq .....• 440.E 44441 I I •u •rP SW44.SB'W 4BODM1 • �ru.a,a•w n 1.04:044..9•4.C43.Nnn• LEGEND I4gT1NV F ' T 'ram ' . 4iHw 'w4 ItWIER:RI 40 aF c: -*CRAWS.RP•.,.[ •` ?J• ,Q;qI 'RA,D • -M • n OA.AH 1 A N HYHP.. c �'`°',+D • C•RS PECOw M 1D p'19 P w...'� TA•eOM.•Y 1LASUECIII TN, •EMOTES MASAO • }p ,co '_,--I41n.,E... • (lIHR,MEE AYE RO• / t,1,�• «u.• L® ('SI.<S»E1•..NM•«I •.,w.re..r;.:. Sea + JDJ 4 'r~" .7� SURVEYOR'S CERTIFICATION [IKT.6 TqC HTa•N,r S. �1M, ,. ` J+1lAyR •' W(�M S' . �= TO• CHI(AGO TITLE COMPANY.LLC 4 uSTPTC•NJOYOus Amoco' ,.�yo LOT2 .� [*RIPE COKE-NW►M/SOEAA.. AL ! «r.I M'T'of0' ) Q p THIS 6 TO CE RIOT THAT �yA ..wn.••sc.;1. C` r, +omrESTNa.o..• l.• a" ��C• Wn: \N•1..M•Y C 1. WAS MAP OA PUT AND THE SURVEY ON WHICH IT 6 RASED WIRE MADE (M1Y4 RUN."(ROE gV: NAN.•. O IN ACCORDANCE WITH THE 2011 MMINKNA STANDARD OE TAR LH swG HEM. ( ESTABLISHED FOR ALTO WS/S LAMP TITLE SURVEYS.JOINTLY •n I•Iu�a:• ``� ESTAHED AND ADOPTED 05 AIM AMA NSPS.AND INCLUDES DIMS (Ml•.c CORN TT R[IAwO waL ('FIT IN ELGIN TAW TT Qv 1.2,7.4,71aU 9.0.17.17,14,IS.If.1).10.190F TAME A,1HEREOF ON DP('•BOUND.THE FIELD WORT WAS(MAPLE TED ON FEBRUARY 15TN.N021 E+KI.O AMER 1•1 I1K'nc?L1,.(AO WV, '" 2 THE UNOU IGMED HAS MITME ECEIVED ANO ETAMINEDA COPY INSURANCE THE TIRE INSURANCE COMMITMENT ISSUED BY CHK LGO TITLE L DATED (HUNG moo T[N([ ( •LLC.ASCOMMil Mt THE'URNTNO.IITMENT"). NEL DATED DECEMBER 29,2021.(HEREONN.E COMMITMENT").AND EACH INSTRUMENT HAS LISTED THEREON.AND TAT LOCATION OF EACH SUCH ITEM HAS MEN SHOWN HI .INCLUDING.WITHOUT IIMIIAIRM AU EASEMENTS BENEFITING AND o BURDENING THE SUBJECT .1Y. ww.rr. .� ON 7/WS SURVEY w.11.1 CONSETITUTES THEOW% SABRE PROPERTY DESCRIBED ON SCHEDULE AOF THE 1♦•.V1•••• TITLE COMMITMENT ` 1 TARS SURVEY WAS MADE ON TX COMBO ANO CORRECTY SHOWS IHE TOCA11ON OF AU EXISTING SULDNGS.STRUCTURES UIRiIY LINES AND OTHER IMPROVEMENTS ON,UNDER AND ABOVE THE SUBIECT NOTES CORRESPONDING TO SCHEDULE B PROPERTY(UTTLTIES IN ABOVE GROUND OBSERVATION ONLY 1 AS PER COMMITMENT NO 22NW71•8OFJLL DATED MEWL 29,2021 ANN STREET ,� • THERE ;E NOVSRELEEY SINS THAT Dit EGSUEJE T PROPEEYS SERVES ANY OTHER NONE 50.0'R.O W n ►UHEOX. S SUNK I PROPERTY HAS UNRESTRICTED VEHICULAR AND PEDESTRIAN INGRESS do(Yw•w•T. AND GRESS A EGRESS TO AND FROM DUNDEE AVENUE AND SUCH Alf DEDICATED al M NOTES • PAVED ANO MANTA/NWB ROADS AND ONE CITY OE ELGN.PUKE STRUTS AND I�MEY FLOOD ZONE CERTIFICATION I DETANCES ARE MEASURED IN FEET AND DECYALS THEREOF 2 MEASURED BEARINGS SHEDY//I ARE BASED OFF CIF MONWENTEO HASTEN Y EPEE OF DOPDEE AVENUE TIES PROPERTY RE N ZONE T OF THE P1C100 INSURANCE RATE MAP 3 REFER TO THE RECORDERS OFF R.E.OF RAKE COUNTY U.PEDIS FOR ANY AOOITICNA&EASEMENT►ROY(SEONS AND COVENANTS '......• CCAIMUW Y PANEL TED T 7SRCOTETH W WCFT HAS AN EFFECTIVE DATE OF 4 NOTE TO THE CLIENT.R(SURER AND LENDER•%AYH REGARD TO LADLE A.nth'II.oparomAnc.i FROM THE SOURCES CIECRCD (YNI ) *STF AUGUST S,2001 ANO IS NOT NA SPECIAL FLOOD HAZARD AREA.EFL() ROLL BE COMBP(ED WITH OBSERVED EVIDENCE OF UTILITIES PURSUANT TO SECTION S.E.N TO DEVELCIPAVIFW a THESURVNGWAS NOT PERFORMED TO DETERMINE TICZNE-AN UNT L AGROUD U EXCAVATIONS HOWEVER_I ANG EXCAVATN THE ETACT LOCATION Ln MD FATS CANNOT IN S EHOwIwPWp M M T7TH dy aI FEBRWM 2022 ELEVATION CERTIFICATE MAY BE NEEDED TO VERIFY THE DETEHIAINATION ACCURATELY COMPLETELY AND RELIABLY DEPICTED N ADDITON.IN SCIAE JURISDICTIONS.SII OR OTHER SB.BT,AR UTL.ITY DAMEOR APPLY FUR AN ALEMOMENT FROM THE FCDCRAL EMERGENCY LOCATE REQUESTS FROM SURVEYORS MAY BE IGNORED OTT RESULT ININ AN COM REPLETE RESPONSE WHICH CASE THE USDA SURVEYOR SHALL IOTL ON THE PUT OR MAP HOW TIES AFFECTED THE SURVEYORS ASSESSMENT OF TIE LOCATIONOF THE IYMANAGEMENT AGENCY (i CF rt n.Y. C' UTILITIES.WHERE ADDITIONAL OR MORE DETALED...FORMATION IS REQUITED TIE CLIENT IS ADVISED THAT EXCAVATION MAYBE NECESSARY PralwclanM um SwFpr 1 S BU4.0143 HEIGHT;RCM FB•MSNED ELIXIR TO TOP OF FRONT ROOF SECTION IS 12.7P AT THE SOUTHER'Y CORNER Of THE RE_OCNG Lwow bons IT.SD 22 F EEO WORT COMPLETED ON 2192022 QByn Ann R•p•Amon N•INE620•11 GERALD L. HEINZ & ASSOCIATES. INC. !DATE on!! 202 CONSULTING ENGINEERS k LAVO SURVEYORS 356&358 DUNDEE AVENUE ��`.�.:•:•.':�. JOBNO.• St1t2_ 20A NORTH RIVER STREET ALTAMSPS LAND TITLE SURVEY -;..(•Ar--•„; EAST DUNDEE. IWNOIS BOI l8 ELGIN,ILLINOIS ................ SHEET I ,.2G I