HomeMy WebLinkAbout01-326Resolution No. 01-326
RESOLUTION
AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT
(NATIONAL ENERGY PROPERTIES)
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, 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/ Ed Schock
Ed Schock, Mayor
Presented: December 5, 2001
Adopted: December 5, 2001
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
...........
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. MAY-11O-2001 THU 10;42 AM CITY OF ELGIN - DCA
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FAX NO. 1 847 931 6790 P. 05/10
03/11/98
ANNEXATION AGREEMENT
2001
THIS AGREEMENT made and en ered into this /�`7`i�% - day of
n Ec G/+�t E R- , 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
"City") , and sEc armcriev z,vaa -MR, ; (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; 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 is not included within the
corporate limits of any municipality; 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 at.
seq., 1993); and
HEREAS, the Subject Property is located within the
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
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MAY 10-2001 THU 10:43 AM CITY OF ELGIN - DCA FAX NO. 1 847 931 6790 P. 06/10
WHEREAS, the bjeot Property J4 located
Township, nd whereas
Zavit
r'of Highways a each of the
re notified i writing by cart
to
(10) days advance of any
the annexa on of the Subjec
hat sery a of the said no ice
with t County Recorder] and
within
the T _ship
Truees of said
i ed or registers mail
ction taken wit
Property, and w reas an
had been prov dad has
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
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
public hearings were held by the Planning and Development
Commission and the Zoning and Subdivision Hearing Board, as
applicable, of the City on the requested zoning of the Subject
Property.
NOW THEREFORE, in consideration of the premises and of the mutual
covenants and agreements herein contained, IT IS HEREBY AGREED AS
FOLLOWS:
ONE: This Agreement is made pursuant to and in accordance
with the provisions of Section 11 of the Illinois Municipal Code
(65 ILCS 5/1i-15.1-1 at, seq., 1991), and in the exercise of the
home rule power of the City.
TWO: The Corporate Authorities of the City, within thirty
(30) days following the execution of the Agreement, and the
receipt of a current title report verifying owners of record of
the Subject Property by the City Clerk, and the filing of owner's
Petition for Annexation in form and substance as required by law,
Poliev_ r#_rtisns far—R->=;s, and the receipt
of a certified copy of the ordinance annexing the Subject
Property to the Fox River Water Reclamation District (FRWRD),
shall pass an ordinance annexing the Subject Property to the
City.
MAY-'10-2001 THU 1043 AM CITY OF ELCIN - DCA FAX NO. 1 847 931 6790 P. 07/]0
THREE: Immediately after passage of the ordinance annexing
the Subject Property, as provided in Paragraph Two hereof, the —PO
Corporate Authorities of the City shall pass an ordinance QY
classifying the Subject Property as depicted on the attached Dew!/`.""L't LRQ
iq a irs..:
..alE7(hf bl'rL
Owner shall be allowed to seek final approval for portions of the
Subject Property as subdivided 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.
FOUR: Owner represents that off -site utility easements
required to serve the Subject Property are described on Exhibit
The City agrees that in the event owner is unable to
obtain said utility easements over, under, across, or through
property not owned by the City or under the City's control which
may be necessary or appropriate for the development of_the
Subject Property at a cost and on conditions acceptable to Owner;
the City shall use, to the full extent permitted by law, its
eminent domain power to secure such easements. Prior to
commencing any condemnation action, Owner shall submit, for City
review and approval, written documentation demonstrating that
Owner has pursued reasonable alternatives for the acquisition of
such easements, and Owner shall deposit with City the amount of
funds necessary to pursue eminent domain action. All such
actions by the City shall be at no cost to the City, which costs
shall be borne solely by the Owner. The City shall issue no
building permits until the required utility easements have been
secured and recorded.
FIVE: Owner shall comply with the Elgin Municipal Code
(E.M.C.) Title 17 -- Development Impact Fees. To the extent it
may lawfully do so, the City shall administer and apply the
provisions of Title 17 in a uniform manner.
SIX: er agrees that a SubjeIZ
shall be
%tho
elape in conformance w the opencies in uded in
F West Area Plan, amendment tCom ensive
and attached her o as Exhibit "
SEVEN: Owner shall cause all portions of Subject Property
depicted on a Preliminary Plat as wetlands, screening berms and
entry ponds, common open space areas, 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 Owneri 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
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MAY 10-2001 THU 10:44 AM CITY OF ELGIN - DCA FAX NO. 1 847 931 6790 P. 08/10
and maintain areas conveyed thereto shall be submitted to City
for review and approval prior to final plat approval, said
Declaration to he filed for recording, at owner's expense, with
the final plat for the applicable phase of subject Property as
owner may determine.
EIGHT: Except as specifically permitted pursuant to
variation or planned development approval, or paragraphs NINE and
TEN 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.
NINE: If during the term of this Agreement and after final
plat or planned development approval; any existing, amended,
modified or new ordinances, codes, or regulations of general
applicability throughout the community to a land developer 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 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.
TEN: 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 -.ny 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.
ELEVEN: 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 co-operate with Owner in obtaining all
necessary Illinois Environmental Protection Agency (I.E.P•A-)
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
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MAY:10-2001 THU 10:44 AM CITY OF ELGIN - DCA FAX N0, 1 847 931 6790 P. 09/10
Engineer. Owner shall install sewer line extension improvements
on the Subject Property in compliance with Final Engineering Plan
approved by the City Engineer for each phase of the development.
TWELVE: 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 (I.E.P.A.) 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 Final Engineering Plan
approved by the City Engineer for each phase of the development.
THIRTEEN: 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-cf-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
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 party from liability or obligations in
this regard. Acceptance of public improvements by the City shall
be consistent with applicable City ordinances.
Owner shajA comply wiA the
attach9d as Exhibit prior
annexXng the Subjec roperty. ,
FIFTEEN. wner of proper
residential assification s 1
constructe principal res' anti
conforma a with the bui ng el
_" Substantial c ormance
lim ed to, general a chitectura
approval 9T an ordinance
to be annexed yed zoned in
construct, o cause to be
al structur in substant l
evations ached as Ex bit
shall clude, but n945 be
1 sty and building/materials.
SIXTEEN: 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 forgoing,
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MAY-10-2001 THU 10:45 AM CITY OF ELGIN - DCA FAX NO. 1 847 931 6790 P. 10/10
no action shall be commenced by the Owner against the City for
monetary damages.
SEVENTEEN: This Annexation Agreement shall be in effect for
a period of __D_ 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.
EIGHTEEN: 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.
NINETEEN: 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 judgement or
decree shall relieve the City from performance under such invalid
provision of this Agreement.
TWENTY: 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.
IN WITNESS WHEREOF, The Elgin Corporate Authorities and 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.
Attest:
Attest:
Secretary
CITY OF ELGIN, ILLINOIS
Pres
Attest:
Secretary
DEVELOPER:
National Energy Properties, LLC
By: NEl' Corp.ger 6qi-
-T By.
Name;
Its• —
1
H. tang, ngdfeFlonally, but as
Trustee
Donald C. Miller, not personally, but as
Trustee aforesaid
Eileen R. Miller, not personally, but as
Trustee aforesaid
-6-
President
RIDER TO ANNEXATION AGREEMENT
This Rider to Annexation Agreement ("Rider") amends and modifies that certain Annexation
Agreement ("Annexation Agreement') between the City of Elgin, Illinois, a Municipal Corporation,
of the Counties of Cook and Kane, in the State of Illinois ("City"), Richard H. Zang, as Trustee
under Trust Agreement dated September 21, 1995 a/k/a/ Lorraine L. Miller Trust; Donald C. Miller
as Trustee of the Donald C. Miller Trust No. 1 dated November 28, 1995; and Eileen R. Miller as
Trustee of the Eileen R. Miller Trust No. 1 dated November 21, 1995 (in the aggregate, the
"Owner"), and National Energy Properties LLC or its assignee ("Developer") dated
_, 2001. In the event of a conflict between the terms of this Rider and the Annexation, the terms
of this Rider shall control. The Annexation Agreement is modified as follows:
1. The Introductory paragraph ofthe Annexation Agreement is deleted and replaced with
the following:
THIS AGREEMENT made and entered into this / Y7Jt day of 19 Cc 2001 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 "City"), and RICHARD H. ZANG, as Trustee
of the Lorraine L. Miller Trust No. 1, dated September 21, 1995, DONALD C. MILLER, as Trustee
of the Donald C. Miller Trust No. 1 dated November 28,1995; and EILEEN R. MILLER, as Trustee
of the Eileen R. Miller Trust No. 1 dated November 28, 1995, (hereinafter referred to collectively
as "Owner") and NATIONAL ENERGY PROPERTY, LLC, an Illinois limited liability company,
contract purchaser and developer and a portion of the Subject Property (hereinafter referred to as
"Developer").
2. Reference in the Annexation Agreement to Owner shall mean Owner and/or
Developer, as applicable.
3. The City is not aware of any existing Recapture Ordinances affecting the property
other than Ordinance Number T3-76.
4. There currently exists amountable median in the center of Tollgate Road to the South
of the Subject Property. City agrees that the median may remain in place and that no increase in its
length or height will be required so long as Owner and Developer deposit $2500 ("Deposit") with
the City, to be held for a period of three years from the date of the Annexation during which the City
will review the traffic patterns on Tollgate Road as the traffic exits from the proposed improvements
at the Subject Property on to Tollgate Road going east. In the event the City reasonably determines
at the end of the three year period that the increased traffic on Tollgate from the Subject Property
exiting eastward does not create a material adverse affect on the health and safety of the motoring
public, the City will return the Deposit to the Developer or Owner, as applicable, and the current
median will remain in place with no further adjustment. If however the City determines after the
three year review that a material adverse affect has occurred the City may utilize the Deposit to
construct a non -mountable median at the location in question, and Developer and Owner shall have
no further obligation beyond the Deposit in connection with the cost of said construction.
5. The blank in paragraph Seventeen shall contain the number "10".
Attest:
City Clerk
Secretary
CAW INDOW S\TEMP\Rider wpd 4.wpd
DEVELOPER:
National Energy Properties, LLC
By: orp., its Manager
By:
Name:
Its:
I .JM
o ,
'chard H. Zang, not p sally, but as
Trustee aforesaid
Donald C. Miller, not personally, but as
Trustee aforesaid
Eileen R. Miller, nopersonally, but as
Trustee aforesaid
CITY:
City of Elgin, Illinois�
Mayor
President
LEGAL DESCP,IPTION
LOT 2 (EXCEPTING THEREFRom THE EASTERLY 17 FEET OF THAT PART OF LOT 2 LYiNG
I TERLY OF AND ADJOINING LOT it IN b11LLE.RSVILLE. BEING A SUBDIVISION OF PART
OF THE WEST HALF 0.F SECTIO.N 34, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DUNDEE TOWNSHIP. iN KANE COUNTY, ILLINOIS.
ALSO THAT PART OF RDUTE 31 RIGHT-OF-WAY ALONG AND ADJOINING THE ABOVE
DESCRIBED PARCEL, !EXCEPT ,THHAT PART PREVIOUSLY ANNEXED)
ANNEXATION AGREEMENT
EXHIBIT A