HomeMy WebLinkAboutG67-18 Unrecorded easement INSTRUMENT PREPARED BY:
Richard L. Heimberg, Esq.
Huck Bouma PC
2425 Royal Boulevard
Elgin, Illinois 60123
AND ON RECORDING RETURN TO:
Kathleen O. Altier
O'Rourke, Hogan, Fowler& Dwyer, LLC
10 S. LaSalle, Suite 3700
Chicago, Illinois 60603
PIN: 06-20-300-012/020
CONSERVATION EASEMENT
THIS CONSERVATION EASEMENT given thi�,? day of April, 2020, by TKMS
II LLC, an Illinois limited liability company (the "Grantor"), to THE CITY OF ELGIN, an
Illinois municipal corporation (the "Grantee") subject to the terms of this easement.
WITNESSETH:
WHEREAS, Grantor is the owner of that certain tract of land located in the City of Elgin,
Cook County, Illinois legally described in Exhibit "A" attached hereto (the "Pro e "); and
WHEREAS, the City of Elgin, an Illinois municipal corporation, is requiring that this
Conservation Easement (the "Conservation Easement") be entered into and recorded in the land
records of Cook County to bind Grantor; and
WHEREAS, the parties wish to establish their respective rights and responsibilities
relative to the use and maintenance of portions of the Property depicted and described as "Tree
Conservancy Areas A, B, C, and D" on the legal descriptions and plat attached hereto as Exhibit
"B" (the "Conservation Easement Property").
NOW, THEREFORE, Grantor, for and in consideration of the development approvals
provided by the Grantee for Grantor's property, and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, hereby conveys the Conservation
Easement to Grantee as follows:
l
I. Grantor, its successors, heirs, assigns and/or transferees, hereby grants a non-exclusive
and permanent easement to Grantee over and across the Conservation Easement Property
depicted and legally described in Exhibit "B" for the purpose of conservation.
2. The primary purpose of this Conservation Easement is to enable the Conservation
Easement Property to remain in conservation for drainage, flood control, water conservation,
erosion control, fish and wildlife habitat conservation or preservation and tree and other
vegetation preservation. Any general rule of construction to the contrary notwithstanding, this
Conservation Easement shall be liberally construed in favor of the grant to the effect the purpose
of this Conservation Easement and the conservation of the Conservation Easement Property for
the purposes set forth herein.
3. Except-for improvements currently existing in Tree Conservancy Area C pertaining to the
public utility easement, no buildings, structures, roads or impediments of any nature may be
constructed, placed or permitted on, over or across the Conservation Easement Property. No
dumping or placing of soil or other substances such as trash or unsightly or offensive materials
shall bepermitted on the Conservation Easement Property. - There shall be no removal or
destruction of trees, shrubs or other vegetation on the Conservation Easement Property with the
exception of the removal or exotic, nuisance, dead, diseased and/or invasive vegetation where
said removal is overseen and conducted pursuant to a written maintenance plan prepared by a
certified arborist which has been approved in writing in advance by the Grantee. Except for
repair and replacement of improvements currently existing in Tree Conservancy Area C
pertaining to the public utility easement, excavation, dredging or removal of soil material, peat,
rock or other material substance in such a manner as to affect the surface shall be prohibited on
the Conservation Easement Property. No dikes or fencing shall be permitted on the Conservation
Easement Property. The use of motorized vehicles is prohibited on the Conservation Easement
Property. Except for no trespassing signs and signs identifying the Conservation Easement
Property as a conservation area, signs of any nature are prohibited on the Conservation Easement
Property. There shall be no other activities detrimental to drainage, flood control, water
conservation, erosion control or fish and wildlife habitat conservation or preservation or tree
preservation permitted on the Conservation Easement Property. The Conservation Easement
Property shall be in no way altered from its natural or permitted state except as permitted in this
Easement. Notwithstanding the foregoing, the Grantor, with and upon the written approval of
the Grantee,may restrict public access to the Conservation Easement by means of a fence. Any
such fence may be installed around the perimeter of the Conservation Easement Property only,
shall not exceed four (4) feet in height, and shall be a see-through design using wrought iron or
other decorative material. Chain link fencing is expressly prohibited. The Grantee shall have the
right to enter upon the Property and the Conservation Easement Property at reasonable times to
inspect and monitor Grantor's compliance with and otherwise enforce the terms and conditions
of this Conservation Easement.
4. No right or access by the general public to any part of the Conservation Easement Property
is being conveyed. Grantor shall have the right to access and use of the Conservation Easement
Property for the purpose of making inspections and removing trash and other unsightly or
offensive material that is located on the Conservation Easement Property from time to time
however, Grantor shall have no right to use the Conservation Easement Property for any purpose
inconsistent with the terms of this Conservation Easement.
5. Grantor reserves all rights as owner of the Conservation Easement Property,including the.
right to engage in uses of the Conservation Easement Property that are not prohibited herein and
which are not inconsistent with the intent" and purposes of this Conservation Easement and the
ordinances or other applicable regulations of the City of Elgin.
6. Grantor shall insert the terms and restrictions of this Conservation Easement in any
subsequent deed or other legal instrument by which Grantor divests itself of any interests in the
Conservation Easement Property.
7. All notices, consents, approvals or other communications hereunder shall be in writing
and shall be deemed properly given if sent by United States certified mail, return receipt
requested, addressed to the appropriate party or successor in interest. Notices shall be sent to the
Grantor and Grantee at the following addresses:
If to the Grantor: If to the Grantee:
TKMS II LLC The City of Elgin
c/o Peak Construction 150 Dexter Court
1011 E. Touhy Ave., Suite 100 Elgin, Illinois 60120
Des Plaines, Illinois 60018 Attn: City Manager
With a Copy to: With a Copy to:
O'Rourke, Hogan, Fowler& Dwyer, LLC The City of Elgin
10 South LaSalle, Suite 3700 150 Dexter Court
Chicago, Illinois 60603 Elgin, Illinois 60120
Attn: Kathleen O. Altier Attn: Corporation Counsel
8. This Conservation Easement may be amended, altered, released or revoked only by
written agreement between the parties hereto or their heirs, successors or assigns, which shall be
filed in the public records of Cook County.
9. This Conservation Easement shall run with the land and shall be binding upon and inure
to the benefit of all present and future owners of any portion of the Property and the Conservation
Easement Property and their successors and/or assigns, it being the intention of the Grantor that
this Conservation Easement be perpetual. Upon conveyance of the Property or any portion
thereof that is subject to this Conservation Easement, Grantor or such other grantor of such
conveyance shall have no further responsibility hereunder as to the portion of the Conservation
Easement Property included in such conveyance, the responsibility for such Conservation
Easement Property passing to the grantee of any such conveyance.
10. If any provisions of the Conservation Easement or the application thereof to any person
or circumstances are found to be invalid, the remainder of the provisions of this Conservation
Easement shall not be affected thereby as long as the purpose of the Conservation Easement is
preserved.
11. Enforcement of the terms,provisions and restrictions of this Conservation Easement shall
be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise
its rights hereunder in the event of any breach hereof by Grantor,shall not be deemed or construed
to be a waiver of Grantee's rights hereunder.
12. The terms and conditions of this Conservation Easement,may be enforced by the Grantee
by injunctive relief and other appropriate available remedies, and Grantor consents that venue of
such actions, or any.other action arising from or relating to this Conservation Easement, shall lie
exclusively in the,.Circuit Court of Kane County, Illinois. This Conservation Easement shall be
governed,by,the laws of the State of Illinois. ,
13. If the Grantee determines that Grantor is in violation of the terms of this Conservation
Easement or a violation is threatened, Grantee shall give written notice to Grantor of such
violation and demand corrective action sufficient to cure the violation and, where the violation
involves injury to the Conservation Easement Property resulting from any use or activity
inconsistent with the purpose of this Conservation Easement, to restore the portion of the
Conservation Easement Property so injured. If Grantor fails to cure the violation within thirty
(30)days after receipt of notice thereof from Grantee,or under circumstances where the violation
cannot reasonably be cured within a thirty (30) day period, fails to begin curing such violation
within the thirty (30) day period, or fails to continue to diligently cure such violation until fully
cured, Grantee may bring an action at law or in equity in a court of competent jurisdiction to
enforce the terms of this Conservation Easement, to enjoin the violation by a temporary or
permanent injunction, to recover any damages to which is may be entitled, and to require the
restoration of the Conservation Easement Property to the condition that existed prior to any such
injury. If Grantee, in its sole discretion, determines that circumstances require immediate action
to prevent or mitigate significant damage to the Conservation Easement Property, Grantee may
pursue remedies under this paragraph without waiting for the period provided for the cure to
expire. Grantee's rights under this paragraph apply equally in the event of either actual or
threatened violations of the terms of this Conservation Easement, and Grantor agrees that
Grantee's remedies at law for any violation of the terms of this Conservation Easement are
inadequate and that Grantee shall be entitled to injunctive relief described in this paragraph,both
prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled,
including specific performance of this Conservation Easement, without the necessity of proving
actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies
described in this paragraph shall be cumulative and shall be in addition to all remedies now or
hereinafter existing at law or in equity. In the event of a legal action by Grantee to enforce the
terms of this Conservation Easement, Grantee shall also have the right to recover from Grantor
all of Grantee's costs and expenses in enforcing this Conservation Easement including, without
limitation, reasonable attorneys' fees.
14. Grantor shall, at the Grantor's own cost and expense,maintain, and keep in full force and
effect, commercial general liability insurance, which shall include, without limitation, insurance
for liability, or claims of liability, for bodily injury, death or property damage, arising out of,
occasioned by or resulting from any accident or other occurrence in or about the Conservation
Easement Property. The insurance shall provide for coverage of not less than$500,000 aggregate
for any single occurrence, shall name the Grantee as an additional insured, shall have a usual and
customary deductible. The insurance shall apply as primary insurance with respect to any other
insurance or self-insurance programs afforded to the Grantee. There shall be no endorsement or
modification of this insurance to make it excess over other available insurance; alternatively, if
the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to
the Grantee. The Grantor shall annually provide written proof to the Grantee of such insurance.
15. Tree Preservation Area signs will be installed around the designated areas on/in the
Conservation Easement Property identified in Exhibit B as needed to keep people and equipment
out of the Conservation Easement Property. The Conservation Easement Property will be
monitored semi-annually for trash, other non-native debris, and-removed from area as'rieeded.
16. The Grantor hereby represents and warrants to the Grantee that it is the fee simple title holder
of the Property and the Conservation Easement Property, and that it has the full power and
authority to enter into and make the grant of easement as provided herein.
[Signature page follows.]
IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal as of the day and
year first written above.
Signed, sealed and delivered in the presence of:
TKMS II LLC, an Illinois limited liability company
By: �AA 14A, L-�a� -��
Name: t li •�
Its: i AAft-7
STATE OF ILLINOIS )
COUNTY OF COOK )
The foregoing instrument was sub nib d, swo and acknowledged before me this"—day of
i ( , 2020 by SwJ<<VAA know to me to be the of the
Grant r, and who is personally known to me.
JESSICA E BRUNO
OFFICIAL SEAL
Notary Public.State of Illinois
My Commission Expires NOTARY PUBLIC
January 17,2021
Printed Name:7eSSe lig. - LIV\"7-1
My Commission Expires* 4Q, a 6
IN WITNESS WHEREOF, the Grantee has executed and accepted:this Conservation Easement
as of the day and year first written above.
CITY OF ELGIN
By:
Mayor ' 71
ATTES
By:
City Clerk
EXHIBIT A
THAT PART O.F SECTION 20, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN
THE CENTER LINE OF U.S. ROUTE 20 WHERE THE EAST LINE OF THE WEST %2 OF
THE SOUTHWEST V4 OF SAID SECTION 20 INTERSECTS SAID CENTER LINE:THENCE
SOUTHEASTERLY ALONG SAID CENTER LINE 52.40 FEET TO THE EASTERLY LINE
OF A TRACT OF LAND CONVEYED TO PUBLIC SERVICE COMPANY OF NORTHERN
ILLINOIS (NOW THE COMMONWEALTH EDISON COMPANY) BY DOCUMENT NO.
9542306;THENCE NORTHERLY ALONG SAID EASTERLY LINE, 114.22 FEET;THENCE
NORTHEASTERLY ALONG SAID EASTERLY LINE 76.81 FEET TO THE NORTHERLY
LINE OF A TRACT OF LAND DEDICATED FOR HIGHWAY PURPOSES BY DOCUMENT
NUMBER 17993033; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY LINE,
41.55 FEET TO A LINE 40.0 FEET EASTERLY OF (MEASURED AT RIGHT ANGLES
THERETO) AND PARALLEL WITH THE EASTERLY LINE OF LANDS CONVEYED BY
DOCUMENT NUMBER 9542306; THENCE NORTH 02° 44' 50" EAST ALONG SAID
EASTERLY LINE TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SHALES
PARKWAY, 411.91 FEET TO A POINT OF BEGINNING; THENCE NORTH 02° 44' 50"
EAST, CONTINUING ALONG SAID EASTERLY LINE 1314.98 FEET TO THE
SOUTHERLY LINE OF LOT "C" IN SECTION 20, ACCORDING TO THE PLAT FILED
WITH THE COMMISSIONER'S REPORT IN PARTITION IN CASE NO. 19700 IN THE
CIRCUIT COURT OF COOK COUNTY, ILLINOIS; THENCE SOUTH 84° 42' 05" EAST,
ALONG SAID SOUTH LINE OF LOT "C", 1563.43 FEET TO THE WESTERLY RIGHT OF
WAY LINE OF THE ELGIN JOLIET AND EASTERN RAILROAD; THENCE SOUTH 07°
06' 36" WEST, ALONG SAID RIGHT OF WAY LINE, 954.48 FEET, THENCE NORTH 82-
54' 11" WEST, 924.90 FEET; THENCE SOUTH 07° 03' 00" WEST, 18.47 FEET; THENCE
NORTH 820 54' 11" WEST 67.88 FEET; THENCE SOUTH 07° 05' 48" WEST, 300.00 FEET
TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF A
CIRCLE BEING CONVEX SOUTHEASTERLY AND HAVING A RADIUS OF 173.24
FEET, AN ARC DISTANCE OF 106.34 FEET TO A POINT OF TANGENCY; THENCE
SOUTH 420 16' 04" WEST, 129.35 FEET TO A POINT OF CURVATURE; THENCE
SOUTHWESTERLY ALONG AN ARC OF A CIRCLE, BEING CONVEX
SOUTHEASTERLY AND HAVING A RADIUS OF 75.00 FEET, AN ARC DISTANCE OF
113.90 FEET (THE CHORD OF WHICH BEARS 65° 45' 55" WEST, 103.26 FEET) TO A
POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG AN ARC OF A CIRCLE,
BEING CONVEX SOUTHWESTERLY AND HAVING A RADIUS OF 341.56 FEET, AN
ARC DISTANCE OF 26.85 FEET (THE CHORD OF WHICH BEARS NORTH 530 0213111
WEST, 26.84 FEET) TO A POINT OF TANGENCY; THENCE NORTH 55° 17' 38" WEST,
270.10 FEET TO THE POINT OF BEGINNING, BEING SITUATED IN THE CITY OF
ELGIN, COOK COUNTY, ILLINOIS.
EXHIBIT B
Page 1 of 2
Tree Conservation Easement Description
Tree Conservation Area "A"
BEGINNING AT THE NORTHWEST CORNER OF THE PROPERTY; THENCE SAID
NORTH HALF; THENCE SOUTH 84 DEGREES 42 MINUTES 05 SECONDS EAST, 119.12
FEET; THENCE SOUTH 02 DEGREES 44 MINUTES 50 SECONDS WEST, 48.77 FEET;
THENCE SOUTH 22 DEGREES 30 MINUTES 09 SECONDS WEST, 38.47 FEET; THENCE
SOUTH 14 DEGREES 26 MINUTES 28 SECONDS WEST, 34.94 FEET;,THENCE SOUTH
08 DEGREES 10 MINUTES 09 SECONDS WEST, 36.09 FEET; THENCE SOUTH 03
DEGREES 07 SECONDS 03 MINUTES EAST, 245.99 FEET; THENCE SOUTH 04
DEGREES 11 MINUTES 39 SECONDS WEST, 970.61 FEET; THENCE NORTH 55
DEGREES 17 MINUTES 38 SECONDS WEST, 113.56 FEET; THENCE NORTH 02
DEGREES 44 MINUTES 50 SECONDS EAST, 1314.98 FEET TO THE POINT OF
BEGINNING.
Tree Conservation Area "B"
BEGINNING 199.20 FEET EAST ALONG THE NORTH PROPERTY LINE; THENCE AT
THE NORTHWEST CORNER OF THE PROPERTY; THENCE SOUTH 84 DEGREES 42
MINUTES 05 SECONDS EAST, 1023.75 FEET; THENCE SOUTH 43 DEGREES 32
MINUTES 56 SECONDS EAST, 100.27 FEET;THENCE SOUTH 11 DEGREES 12 MINUTES
19 SECONDS, 23.16 FEET; THENCE SOUTH 56 DEGREES 00 MINUTES 41 SECONDS
WEST, 34.44 FEET; THENCE SOUTH 68 DEGREES 20 MINUTES 47 SECONDS WEST,
90.30 FEET; THENCE NORTH 83 DEGREES 58 MINUTES 46 SECONDS WEST, 85.83
FEET; THENCE NORTH 00 DEGREES 38 MINUTES 30 SECONDS WEST, 45.59 FEET;
THENCE NORTH 84 DEGREES 42 MINUTES 05 SECONDS WEST, 745.06 FEET;THENCE
SOUTH 05 DEGREES 17 MINUTES 55 SECONDS WEST, 13.98 FEET; THENCE NORTH
'84 DEGREES 42 MINUTES 05 SECONDS WEST, 112.56 FEET; THENCE NORTH 24
DEGREES 01 MINUTES 50 SECONDS WEST, 100.32 FEET; THENCE NORTH 02
DEGREES 44 MINUTES 50 SECONDS EAST,31.05 FEET TO THE POINT OF BEGINNING.
Tree Conservation Area "C"
BEGINNING AT THE NORTHEAST CORNER OF THE PROPERTY; THENCE SOUTH 07
DEGREES 06 MINUTES 36 SECONDS WEST, 227.30 FEET; THENCE NORTH 82
DEGREES 53 MINUTES 24 SECONDS WEST,30.41 FEET;THENCE NORTH 11 DEGREES
20 MINUTES 44 SECONDS WEST, 64.73 FEET; THENCE NORTH 44 DEGREES 59
MINUTES 37 SECONDS WEST, 155.83 FEET; THENCE NORTH 27 DEGREES 17
MINUTES 19 SECONDS WEST,76.73 FEET;THENCE SOUTH 84 DEGREES 42 MINUTES
05 SECONDS, 217.33 FEET TO THE POINT OF BEGINNING.
Tree Conservation Area "D"
BEGINNING AT THE SOUTHEAST CORNER OF THE PROPERTY; THENCE NORTH 38
DEGREES 25 MINUTES 32 SECONDS WEST,54.02 FEET;THENCE NORTH 10 DEGREES
56 MINUTES 35 SECONDS EAST, 119.73 FEET; THENCE NORTH 07 DEGREES 07
MINUTES 26 SECONDS EAST,569.88 FEET;THENCE SOUTH 82 DEGREES 53 MINUTES
24 SECONDS EAST, 30.41 FEET; THENCE SOUTH 07 DEGREES 06 MINUTES 36
SECONDS WEST, 727.18 FEET TO THE POINT OF BEGINNING.
Total Tree Conservation Area 313,500 SF
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TREE C!MID"nnoN INNAEGER ENGINEERING
t s 5NELDON DRIVE DEVELOPMENT `-mb
ELGIN,ILLINOIS -••--.--
Ordinance No. G67-18
AN ORDINANCE
RECLASSIFYING TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE
DISTRICT AND PGI PLANNED GENERAL INDUSTRIAL DISTRICT TO
PGI PLANNED GENERAL INDUSTRIAL DISTRICT
(1451 Sheldon Drive)
WHEREAS, written application has been made to reclassify certain property located at
1451 Sheldon Drive from PSFR2 Planned Single Family Residence District and PGI Planned
General Industrial District to a new PGI Planned General Industrial District; and
WHEREAS, the zoning lot containing the premises at 1451 Sheldon Drive is legally
described herein(the "Subject Property"); and
WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning
said application on October 1, 2018 following-due notice including by publication; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission recommend approval of said application, subject to the conditions articulated below;
and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Community Development Department and the Planning and Zoning
Commission; and
WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS, zoning, including, but� not limited to, this ordinance granting a planned
development as a map amendment from PSFR2 Planned Single Family Residence District and PGI
Planned General Industrial District to a new PGI Planned General Industrial District pertains to
the government and affairs of the city.
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 October 1, 2018, and the recommendations made by the Community Development
Department and the Planning and Zoning Commission, a copy of which is attached hereto and
made a part hereof by reference as Exhibit A.
Section 2. That Chapter 19.07 Zoning Districts, Section 19.08.020 entitled "Official
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 PGI Planned General Industrial District the following
described property:
THAT PART OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE
THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT A
POINT IN THE CENTER LINE OF U.S. ROUTE 20 WHERE THE EAST LINE OF THE
WEST '/2 OF THE SOUTHWEST '/4 OF SAID SECTION 20 INTERSECTS SAID
CENTER LINE: THENCE SOUTHEASTERLY ALONG SAID CENTER LINE 52.40
FEET TO THE EASTERLY LINE OF A TRACT OF LAND CONVEYED TO PUBLIC
SERVICE COMPANY OF NORTHERN ILLINOIS (NOW THE COMMONWEALTH
EDISON COMPANY) BY DOCUMENT NO. 9542306; THENCE NORTHERLY
ALONG SAID EASTERLY LINE, 114.22 FEET; THENCE NORTHEASTERLY
ALONG SAID EASTERLY LINE 76.81 FEET TO THE NORTHERLY LINE OF A
TRACT OF LAND DEDICATED FOR .HIGHWAY PURPOSES BY DOCUMENT
NUMBER 17993033; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY
LINE, 41.55 FEET TO A LINE 40.0 FEET EASTERLY OF (MEASURED AT RIGHT
ANGLES THERETO) AND PARALLEL WITH.THE EASTERLY LINE OF LANDS
CONVEYED BY DOCUMENT NUMBER 9542306; THENCE NORTH 02° 44' 50"
EAST ALONG SAID EASTERLY LINE TO A POINT ON THE NORTH RIGHT OF
WAY LINE OF SHALES PARKWAY,.411.91 FEET TO A POINT OF BEGINNING;
THENCE NORTH 020 44' 50"EAST, CONTINUING ALONG SAID EASTERLY LINE
1314.98 FEET TO THE SOUTHERLY LINE OF LOT "C" IN SECTION 20,
ACCORDING TO THE PLAT FILED WITH THE COMMISSIONER'S REPORT IN
PARTITION IN CASE NO. 19700 .1N THE CIRCUIT COURT OF COOK COUNTY,
ILLINOIS; THENCE SOUTH 84'42' .05"EAST, ALONG SAID SOUTH LINE OF LOT
"C", 1563.43 FEET TO THE WESTERLY RIGHT OF WAY LINE OF THE ELGIN
JOLIET AND EASTERN RAILROAD; THENCE SOUTH 07' 06' 36" WEST, ALONG
SAID RIGHT OF WAY LINE, 954.48 FEET, THENCE NORTH 82° 54' 11" WEST,
924.90 FEET; THENCE SOUTH 07°03' 00"WEST, 18.47 FEET; THENCE NORTH 820
54' 11" WEST 67.88 FEET; THENCE SOUTH 070-05' 48" WEST, 300.00 FEET TO A
POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF A
CIRCLE BEING CONVEX SOUTHEASTERLY AND HAVING A RADIUS OF 173.24
FEET,AN ARC DISTANCE OF 106.34 FEET TO A POINT OF TANGENCY;THENCE
SOUTH 420 16' 04" WEST, 129.35 FEET TO A POINT OF CURVATURE; THENCE
SOUTHWESTERLY ALONG AN ARC OF A CIRCLE, BEING CONVEX.
SOUTHEASTERLY AND HAVING A RADIUS OF 75.00 FEET, AN ARC DISTANCE
OF 113.90 FEET (THE CHORD OF WHICH BEARS 650 45' 55" WEST, 103.26 FEET)
TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG AN ARC OF
A CIRCLE, BEING CONVEX SOUTHWESTERLY AND HAVING A RADIUS OF
341.56 FEET,AN ARC DISTANCE OF 26.85 FEET(THE CHORD OF WHICH BEARS
NORTH 530 02' 31" WEST, 26.84 FEET) TO A POINT OF TANGENCY; THENCE
2
NORTH 550 17' 38" WEST, 270.10 FEET TO THE POINT OF BEGINNING, BEING
SITUATED IN THE CITY OF ELGIN, COOK COUNTY, ILLINOIS.
(commonly known as 1451 Sheldon Drive).
Section 3. That the City Council of the City of Elgin hereby grants the rezoning from
PSFR2 Planned Single Family Residence District and PGI Planned General Industrial District to
PGI Planned General Industrial District at 1451 Sheldon Drive, which shall be designed,
developed, and operated subject to the following provisions:
A. Purpose and Intent. The purpose of the PGI Planned General Industrial District
is to provide an alternate industrial environment for those industrial uses that do not
require the location or environment of an ORI zoning district, subject to the
provisions of Chapter 19.60"Planned Developments"of the Elgin Municipal Code,
as_amended. This PGI zoning district is most similar to, but departs from the
standard requirements of the GI 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 PGI Planned General Industrial 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 amended.
D. Zoning Districts; Generally. In this PGI Planned General Industrial District, the
use and development of land and structures shall be subject to the provisions of
Chapter 19.07 "'Zoning Districts", of the Elgin Municipal Code, as amended.
E. Location and Size of District. PGI Planned General Industrial Districts should be
located in substantial conformance to the official comprehensive plan. The amount
of land necessary to constitute a separate PGI Planned General Industrial District
exclusive of rights of way, but including adjoining land or land directly opposite a
right of way shall not be less than two (2) acres. No departure from the required
minimum size of a planned industrial district shall be granted by the City Council.
F. Land Use. In this PGI Planned General 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
enumerated `'land uses" [SR] shall be the only land uses allowed as a `'permitted
use" [SR], as a "conditional use" [SR], or as a "similar use" [SR] in this PGI
Planned General Industrial District:
1. Permitted Uses. Those land uses enumerated as permitted uses within.the GI
3
General Industrial District Section 19.40.330 A., Land Use, of the Elgin
Municipal Code, as it may be amended from time to time.
2. Conditional Uses. Those land uses enumerated as conditional uses within the
GI General Industrial District, Section 19.40.330 B., Land Use, of the Elgin
Municipal Code, as it may be amended from time to time..
3. Similar Uses.Those land uses enumerated as similar uses within the GI General
Industrial District,_Section) 19.40.330 C., Land Use, of the Elgin Municipal
Code, as it may be amended from time to time.
G. Site Design. In this PGI Planned General 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, Section 19.40.335
"Site Design" for GI General Industrial District, of the Elgin Municipal Code, as
amended, except as provided within this section, and shall be in substantial
conformance with the following documents:
1. Substantial conformance to the Development Application submitted by Equity
Trust Co. Custodian FBO Paul Swanson, as applicant, and Cheder Elgin, LLC,
as property owner, received April 10, 2018, and supporting documents
including:
a. Undated Planned Development Statement of Purpose and Conformance,
received March 28, 2018;
b. Letter from Peak Construction Corporation RE: 1451 Sheldon Dr.
Development Statement of Purpose, dated August 6, 2018;
c. Plat of Survey, prepared by Morrison Surveying Co., dated January 20,
2005;
d. Site Plan, prepared by Harris Architects, Inc., dated September 26, 2018;
e. Concept Elevations, prepared by Harris Architects, Inc., dated July 27,
2018, last revised September 12, 2018, with such further revisions as
required by the Community Development Director;
f. Building Floor Plan, prepared by Harris Architects, Inc., dated September
24, 2018, with such further revisions as required by the Community
Development Director;
g. Sheldon Drive Development Preliminary Site Improvement Plans,prepared
by Haeger Engineering, dated August 3, 2018, last revised October 25,
2018, with such further revisions as required by the City Engineer;
h. Photometric Plan, for Elgin Warehouse Spec Building Elgin, Illinois for
Peak Construction, dated July 30, 2018, with such further revisions as
required by the Community Development Director;
i. Lighting specifications for D-Series Size 2 LED Area Luminaire by
Lithonia Lighting, received September 24, 2018;
j. Shales Pkwy. and Sheldon Dr. Intersection Plan, prepared by Haeger
Engineering, dated August 3, 2018, last revised September 26, 2018, with
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such further revisions as required by the City Engineer;
k. Vegetative Type Map letter, dated January 31, 2018, prepared by Todd R.
Sinn, Urban Forest Management, Inc.;
1. Vegetative Sample Plots letter, dated September 10, 2018, prepared by
Todd R. Sinn, Urban Forest Management, Inc.;
in. Conservation Easement! prepared by Richard L. Heimberg, Esq., received
May 25, 2018;
n. Undated Watermain @ Sheldon Dr plan, received March 28, 2018; and
o. Watermain and Sanitary Sewer Plat of Easement, prepared by U.S. Shelter
Group, Inc., dated August 21, 1997.
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
other applicable city ordinances shall supersede and control.
2. The applicant shall record a conservation easement over those areas labeled
"Area-A'% "Area -13", "Area -C", and "Area-D" on the Tree Conservation
Exhibit, prepared by Haeger Engineering, dated September 10, 2018, and in
substantial compliance with the Conservation Easement, prepared by Richard
L. Heimberg, Esq., received May 25, 2018, prior to any work on the Subject
Property. Also, the applicant shall install the tree preservation measures
required by the zoning ordinance around any conservation area and/or any
individual tree required to be saved prior to any work on the Subject Property.
3. The ."Conservation Easement" shall be modified to include conservation area
maintenance provisions, as required by the Development Administrator.
4. The applicant shall construct improvements to the intersection of Shales
Parkway and Sheldon Drive as shown ori the "Shales Pkwy. and Sheldon Dr.
Intersection Plan",prepared by Haeger Engineering, dated August 3, 2018, last
revised September 26, 201'8,with such further revisions as required by the City
Engineer, including a sidewalk along the south side of Sheldon Drive to the east
right-of-way line of Shales Parkway. The applicant shall make every effort to
secure the necessary property, or rights to use ' said property, from
Commonwealth Edison to effect these improvements.
Prior to the issuance of a building permit for the Subject Property,the owner of
the Subject Property shall dedicate to the City of Elgin a 60-foot wide area of
land and record a plat of right-of-way dedication for a future access driveway
from Shales Parkway to the Safety-Kleen property located at 1502-1506 Villa
Street ("Safety-Kleen Property") in substantial conformance to the "'Plat of
Dedication", prepared by Haeger Engineering, dated November 1, 2018,
received November 2, 2018 (the "Plat of Dedication"). The owner shall be
provided an easement on such dedicated 60-foot right-of-way pursuant to an
easement agreement between the city and the owner of the Subject Property in
a form approved by the'corporation counsel for the purpose of allowing the
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owner to construct and maintain stormwater improvements benefiting the
Subject Property as depicted in the final engineering plans for the Subject
Property approved by the city engineer.
If a.future driveway access from the Safety-Kleen Property to Shales Parkway
through the dedicated portion of land is found to be necessary and is to be
constructed,the City of Elgin or such other governmental authority constructing
such roadway improvements may terminate the easement pursuant to the terms
of the easement agreement to be entered into between the city and the owner of
the Subject Property, and the owner of the Subject Property shall permit and
otherwise grant the necessary access to allow the redesign and reconfiguration
of the stormwater detention facility and associated stormwater infrastructure for
the Subject Property outside of the dedicated right-of-way land area. The cost
of such redesign and reconfiguration of the stormwater detention facility and
associated stormwater infrastructure for the Subject Property shall be borne by
third parties other than the owner of the Subject Property. It is the intent of this
planned development that the relocated stormwater detention and related
stormwater infrastructure, and any new necessary stormwater detention facility
and related infrastructure for the new access driveway between Shales Parkway
and the Safety-Kleen Property, should be provided within Shales Parkway
right-of-way and/or on the Safety-Kleen property.
5. Departure is hereby granted to construct a commercial operations yard in the
street yard north of the building in substantial conformance to the Sheldon
Drive Development Preliminary Site Improvement Plans, prepared by Haeger
Engineering, dated August 3, 2018, last revised October 25, 2018, with such
further revisions as required by the City Engineer.
6. Departure is hereby grant id to allow a commercial operations yard in the street
yard along Sheldon Drive in substantial conformance to.the Sheldon Drive
Development Preliminary Site Improvement Plans, prepared by Haeger
Engineering, dated August 3, 2018, last revised October 25, 2018, with such
further revisions as required by the City Engineer, 'without a fence and
landscape screening. The proposed tree conservation "Area-B" shall be
maintained to serve as screening of the commercial operations yard north of the
building.
7. Departure is hereby granted to install a maximum six-foot high, open-design
ornamental aluminum fence in the street yard along Sheldon Drive in
substantial conformance to the Site Plan, prepared by Harris Architects, Inc.,
dated September 26, 2018, with such further revisions as required by the
Community Development Director.
8. A public sidewalk conn Icting the building entrance at the northeast corner of
the building with the proposed public sidewalk along the south side of Sheldon
Drive shall be constructed along the eastern access driveway should the facility
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have more than one tenant, and prior to the issuance of the Certificate of
Occupancy for the second tenant in the building.
9. Compliance with all applicable codes and ordinances.
H. Off Street Parking. In this PGI Planned General Industrial District, off-street
parking shall be subject to the provisions of Chapter 19.45 "Off Street Parking", of
the Elgin Municipal Code, as amended, and shall be subject to the following
condition:
1. Departure is hereby granted to permit a- total of 372 parking spaces on the
property for awarehouse and/or distribution use on the property..
At the time of occupancy permit review, the applicant must specify the-total
number-of employees during-the peak demand shift. The parking requirement
for a warehouse and/or distribution use shall be one parking space per 1.5
employees during the peakldemand shift or one parking space per 1,000 square
feet of floor area, whichever is greater, but not to exceed 619 parking spaces. If
the development administrator finds that the parking supply does not meet the
parking demand, additional parking spaces shall be constructed to meet the
parking demand in substantial conformance to the Sheldon Drive Development
Preliminary Site Improvement Plans, prepared by Haeger Engineering, dated
August 3, 2018, last revised October 25, 2018, with such further revisions as
required by the City Engineer.
I. Off Street Loading. In this PGI Planned General Industrial District, off-street
loading-shall be subject to the provisions of Chapter 19.47 "Off Street Loading', of
the Elgin Municipal Code, as (amended.
J. Signs. In this PGI Planned General Industrial District, signs shall be subject to the
provisions of 19.50 "Street Graphics", of the Elgin Municipal Code, as amended.
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K. Nonconforming Uses and Structures. In this PGI Planned General,Industrial
District, nonconforming uses and structures shall be subject to the provisions of
Chapter 19.52 "Nonconforming Uses and Structures"of the Elgin Municipal Code,
as amended.
L. Amendments. In this PGI Planned General Industrial District, text and map
amendments shall be subject to the provisions of Chapter 19.55 "Amendments" of
the Elgin Municipal Code, as{amended
M. Planned Developments. In this PGI Planned General Industrial District, the use
and development of the land and structures shall be subject to the provisions of
Chapter 19.60 "Planned Developments" of the Elgin Municipal Code, as amended.
A conditional use for a planned development may be requested by the property
owner without requiring an amendment to this PGI zoning district.
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N. Conditional Uses. In this PGI Planned General Industrial District, conditional uses
shall be subject to the provisions of Chapter 19.65 "Conditional Uses", of the Elgin
Municipal Code, as amended. 1A conditional.use may be requested by the property
owner without requiring an amendment to this PGI zoning district.
O. Variations. In this PGI Planned General Industrial District, variations shall be
subject to the provisions of Chapter 19.10.500 "Authorized Land Use Variations",
Chapter 19.12.800 "Authorized Site Design Variations", and Chapter 19.70
"Variations", of the Elgin Municipal Code, as amended. A variation may be
requested by the property owner without requiring an amendment to this PGI
zoning district.
P. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be appealed
subject to the provisions of Chapter 19:75 "Appeals",of the Elgin Municipal Code,
as amended.
Section 4. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: November 7, 2018
Passed: November 7, 2018
Omnibus Vote: Yeas: 8 Nays: 0
Recorded: November 7, 2018
Published: November 8, 2018
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
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