HomeMy WebLinkAbout04-50 Resolution No. 04-50
RESOLUTION
AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT
(Tall Oaks Subdivision – 101 Russell Road)
WHEREAS, the owners of record of certain territory described in Exhibit A, attached hereto
and made a part hereof by reference, desire annexation of said territory to the City of Elgin; and
WHEREAS, said territory is not a part of any other municipality; and
WHEREAS, no electors reside on the subject territory; and
WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory upon
certain terms and conditions; and
WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a
public hearing has been held after due notice as required by law and all persons appearing and
wishing to testify concerning the proposed annexation agreement have been heard; and
WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin that
it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized
and directed to execute on behalf of the City of Elgin an annexation agreement in the form attached
hereto as Exhibit A and incorporated herein by reference.
Section 2. That this resolution shall be effective from and after its passage as provided by
law.
s/ Ed Schock
Ed Schock, Mayor
Presented: February 25, 2004
Adopted: February 25, 2004
Vote: Yeas: 5 Nays: 1
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
10/9/03
FWR
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this 25thy of February , 2004, 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"), CREEK
PARTNERS, L.L.C., an Illinois limited liability company (hereinafter referred to as (Creek
Partners"), and WYNDHAM DEERPOINT HOMES, an Illinois general partnership
(hereinafter referred to as "Developer" and "Owner" to the extent it acquires title to portions of
the Subject Property);
WHEREAS, the Creek Partners is the owner of record of the real property described on
Exhibit "A" attached hereto and made a part hereof hereinafter referred to in the aggregate as the
"Subject Property"); and
WHEREAS, Developer is the contract purchaser of the Subject Property; and
WHEREAS, Creek Partners and Developer desire to annex the Subject Property to the
City upon terms and conditions recited in this agreement; and
WHEREAS, Creek Partners and Developer, after full consideration, recognize 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, upon the Subject Property becoming contiguous to the City, or upon the City
receiving a certified copy of a court order presenting the question of the proposed annexation of
the Subject Property, it may be annexed to the City of Elgin as provided in Article 7 of the
Illinois Municipal Code (65 ILCS 5/7-1-1 et. seq., 1993; and
WHEREAS, the Subject Property is located within the Pingree Grove Fire Protection
District, and whereas each of the Trustees of said District was notified in writing by certified or
registered mail at least ten (10) days in advance of any action taken with respect to the
annexation of the Subject Property, and whereas an affidavit that service of the said notice had
been provided has been filed with the County Recorder; and
WHEREAS, the Subject Property is located within Plato Township, and whereas the
Township Commissioner of Highways and each of the Trustees of said Township were notified
in writing by certified or registered mail at least ten (10) days in advance of any action taken with
respect to the annexation of the Subject Property, and whereas an affidavit that service of the said
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notice had been provided has been filed with the County Recorder; and
WHEREAS, the Mayor and City Council of the City ("Corporate Authorities") have duly
set a date, time and place for a public hearing on this Annexation Agreement, and have caused
due notice to be made of said public hearing through publication in the Daily Courier News, a
newspaper of general circulation in the community, and the City has held such public hearing;
and
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 mutual promises and covenants contained
herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as
follows:
1. This Agreement is made pursuant to and in accordance with the provisions of
Section 11 of the Illinois Municipal Code (65 ILCS 5111-15.1.1 et seq., 1991), and in the exercise
of the home rule power of the City.
2. The Corporate Authorities, within 30 days following: (a) (i) the Subject Property
becoming contiguous to the corporate limits of the City, or (ii) the City receiving a certified copy
of a court order presenting the question of the proposed annexation of the Subject Property; (b)
the receipt of a current title report verifying the owner of record of the Subject Property by the
City Clerk; (c) the filing of Owner's Petition for Annexation in form and substance as required by
law; and (d)(i) the receipt of a certified copy of the ordinance annexing the Subject Property to
the Fox River Water Reclamation District ("FRWRD"), or (ii) the presentation to the City of an
agreement acceptable to the City whereunder FRWRD agrees to provide sanitary treatment
services to the Subject Property notwithstanding the Subject Property is not then annexed to
FRWRD, shall pass an ordinance annexing the Subject Property to the City. By mutual
agreement of the City and Developer, said annexation may be in one or more phases. The
Annexation Plat(s) for the subject ordinance(s) shall be in the form of Exhibit "B" attached
hereto and made a part hereof.
3. A. Immediately after the passage of the ordinance(s) annexing the Subject
Property, as provided in paragraph 2 hereof, the Corporate Authorities shall pass or adopt the
following ordinances and resolution:
i. ordinances classifying the Subject Property as (a) PSFRI Planned Single
Family Residence District in the form attached hereto as Exhibit "C-1" for the portions of
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the Subject Property to be developed with estate lot single-family residences, as depicted in the
(1) Zoning Exhibit prepared by Land Vision, Inc., and dated November 10, 2003, attached hereto
and incorporated herein by this reference as Exhibit "D-1" (11) the Preliminary Plat of
Subdivision for the Subject Property prepared by Land Vision, Inc., and dated November 3,
2003, with a final revision dated February 12, 2004, attached hereto and incorporated herein by
this reference as Exhibit "D-2 " (hereinafter referred to alternatively as "the Preliminary Plat of
Subdivision", "Development Plan" or "Development"), and (III) the Master Concept Plan
documentation attached hereto and incorporated herein by this reference as Exhibit "D-3", (b)
PSFR2 Plarmed Single Family Residence District in the form attached hereto as Exhibit "C-2"
for the portions of the Subject Property to be developed with single-family residences, as
depicted in Exhibit "D-1 ", Exhibit "D-2 ", and Exhibit "D-3", and (e) PCF Planned Community
Facility District in the form attached hereto as Exhibit "C-3" for the portions of the Subject
Property to be improved with community facilities, including open space areas, as depicted in
Exhibit "D-1", Exhibit "D-2", and Exhibit "D-3'; and
ii. a resolution approving the Preliminary Plat of Subdivision for the Subject
Property attached hereto as Exhibit "D-1".
B. Except as otherwise provided for in this agreement no changes or amendments in
the zoning ordinance of the City which shall directly or indirectly adversely affect the use or
development of the Subject Property shall be of any effect unless applicable to all comparable
areas of the City.
C. The Subject Property and the Development contemplated herein shall be
developed in accordance with the Preliminary Plat of Subdivision. Engineering for the Subject
Property and the Development contemplated herein shall be in substantial accordance with the
Preliminary Engineering Plans prepared by Jacob & Hefner Associates, P.C., Glen Ellyn, Illinois
(the "Preliminary Engineering Plans") in the form of Exhibit "E", attached hereto and
incorporated herein by this reference. The City and the Developer agree to make reasonable
modifications to the Preliminary Plat of Subdivision, Preliminary Engineering Plans and/or the
landscaping plans to solve engineering, layout and/or design problems not reasonably foreseeable
at the time of the execution of this Agreement, provided that such changes are in substantial
conformance with the approved Preliminary Plat of Subdivision, and do not increase the total
number of dwelling units which may be constructed on the Subject Property as contemplated in
the Preliminary Plat of Subdivision. The parties agree that any modifications which are deemed
minor by the City's Development Administrator may be approved by the City's Development
Administrator without public hearings and without forinal amendinent to this Agreement.
D. Developer shall be allowed to seek final approval for the subdivision of portions
of the Subject Property as depicted in the Preliminary Plat of Subdivision 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 Developer may determine, and as the City may approve. The City shall approve final plats
of a planned development, subdivision or resubdivision as submitted if such plat or plats are
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consistent with (i) applicable ordinances, (ii) sound engineering practices (iii) the Preliminary
Plat of Subdivision and the Preliminary Engineering Plans, and (iv) the terms and conditions of
this Agreement. If a final plat or final engineering plan is not approved, the City shall notify
Developer in writing without unreasonable delay in what ways such plat or plan is not in
conformity with the applicable approved preliminary plat or other applicable requirements set
forth herein.
E. Developer shall be responsible for the constriction and installation of those on -
site public improvements and utilities consisting of stone sewers, sanitary sewers, water mains,
streets and appurtenant structures as are needed to adequately service the Subject Property in
accordance with applicable City ordinances and requirements and as are depicted on the
Preliminary Engineering Plans for the Subject Property. Except as otherwise specifically
provided herein, public improvements shall be required only for those areas which are included
in each final plat or plats of planned unit development, subdivision, or resubdivision except for
such off -site public improvements, including but not lirnited to water main loops, sanitary sewer
facilities, and storm water management facilities as the City may reasonably require based upon
generally accepted engineering standards. Adequate security as provided by law shall also be
furnished by Developer for any such improvements. Developer shall dedicate to the City, and, the
City shall accept, all municipal utility easements, including water, sanitary sewer, and storm
sewer easements to detention/retention facilities, if any, included in each phase of the project and
shall also grant easements to applicable utility companies for gas, electric, telephone, and cable
television; all of such easements and facilities shall be consistent with the City ordinances and
practices regulating condition, placement, use and size of easements.
F. It is expressly understood and agreed that this Agreement, in its entirety, together
with the various Petitions for Annexation filed in connection herewith, shall be null, void, and of
no force and effect unless (1) the Subject Property is annexed, (2) the Subject Property is zoned
and classified in the manner provided herein, and (3) approval of the Preliminary Plat of
Subdivision, all by the City contemporaneously with the approval and execution of this
Agreement. As a part of annexation of the Subject Property, the City shall annex all adjacent
roads which are not within the corporate limits of any municipality to the far side thereof,
including Russell Road and U.S. Route 20.
4. Owner represents that off -site utility easements required to service the Subject
Property are described on Exhibit "F". 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 fail
extent permitted by law, its eminent domain power to secure all 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
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shall be borne solely by the Owner. The City shall issue no building permits until the required
utility easements have been secured and recorded.
5. A. Except as otherwise expressly set forth herein, Developer shall comply with
the Elgin Municipal Code Title 17--Development Impact Fees, as amended, and pay the fees
when due as required therein. Notwithstanding the foregoing, Developer shall pay to the City a
school district capital improvement contribution according to the formula attached hereto as
Exhibit "G" in lieu of the school district capital improvement development impact fee provided
for in Elgin Municipal Code Section 17.04.010 and Developer shall pay to the City a library
district capital improvement contribution according to the formula attached hereto as Exhibit "H"
in lieu of the library district capital improvement fee provided for in Elgin Municipal Code
Section 17.04.040. Such school district capital improvement contribution and library district
capital improvement contribution shall be paid on a per unit basis (per single family residence)
prior to or concurrent with the issuance of a building pemlit. Developer shall also comply with
City of Elgin. Ordinance No. G2-02 and Ordinance No. G3-02 and shall pay to the City the park
capital improvement contribution and the public safety building capital improvement
contribution as required therein. Developer hereby represents and agrees that it is paying the fees
and contributions to the City provided for in this paragraph and this Agreement as an inducement
to the City to annex the Subject Property. Developer further agrees that the contemplated fees
and cash contributions to the City for the improvements which may ultimately be constructed by
the City, the school district or the library district with such fees and cash contributions are
acknowledged and agreed to be specifically and uniquely attributable to the future development
of the Subject Property and the public improvements contemplated by such fees and cash
contributions will not otherwise be anticipated by the City, the school district or the library
district absent the annexation of the Subject Property. Developer further hereby acknowledges
the propriety, necessity and legality of the fees and contributions provided for in this paragraph
and this Agreement and waives any and all rights to any and all legal challenges thereto.
B. Notwithstanding the foregoing in paragraph A above, Developer shall receive a
credit of fifty-nine percent (59%) toward the Park Land Contribution requirement in
consideration of the park sites to be dedicated by the Developer to the City. Developer shall not
be required to provide any improvements to any of the park sites.
C. The calculation of the City's impact fees under current ordinances is attached
hereto as Exhibit "J". Nothing herein prevents the Developer from prepaying any impact fees in
order to avoid subsequent impact fee increases.
6. Developer agrees that, except as otherwise specifically set forth below in this
Agreement, in the Preliminary Plat of Subdivision, or in the Master Concept Plan documentation
attached hereto as Exhibit "D-2", the Subject Property shall be developed in conformance with
the open space policies included in the Far West Area Plan, dated January 26, 2000, which is an
amendment to the Elan Comprehensive Plan, and is incorporated herein by reference.
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7. Owner shall cause all portions of Subject Property depicted on a Preliminary Plat
of Subdivision as wetlands, screening berms and entry ponds, common open space area, storm
water retention areas, and dry detention areas either to be retained by Owner or to be conveyed
to a Property Owners Association or associations consisting of the owners of all property
located in areas designated by Owner; unless said areas are to be dedicated for public ownership
and maintenance at the City's request. A Declaration or Declarations of Covenants, Conditions
and Restrictions requiring that the Association or associations own and maintain areas conveyed
thereto shall be submitted to City for review and approval prior to final plat approval, said
Declaration to be filed for recording, at Owner's expense, with the final plat of the applicable
phase of Subject Property as Owner may determine.
8. Except as specifically permittedpursuant to variation or planned development
approval, or paragraphs 9 and 10 of this Agreement, all aspects of the development and use of
the Subject Property and construction and installation of improvements thereon, both on -site
and off -site, shall comply fully with all applicable City ordinances and codes.
9. A. 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.
B. The improvements to Russell Road, as set forth as a part of the Preliminary
Engineering Plans shall be limited to improvements that maintain Russell Road as a rural cross-
section. For all purposes of this Paragraph 9B., the term "rural cross-section" shall be deemed
to refer to a dedicated roadway which includes street lights but does not include curbs, gutters,
or sidewalks.
10. If, during the term of this Agreement, any existing, amended, modified or new
ordinances, codes or regulations affecting the zoning, subdivision, development, construction of
improvements, buildings or appurtenances or other regulatory ordinances regarding the public
health, safety and welfare are amended or modified in any manner to impose less restrictive
requirements on the development of, or construction upon, properties within the City, then the
benefit of such less restrictive requirements shall inure to the benefit of Owner, and anything to
the contrary contained herein notwithstanding, Owner may elect to proceed with respect to the
development of, or construction upon, the Subject Property upon the less restrictive amendment
or modification applicable generally to all properties within the City.
11. Subject to the provisions of paragraph 58 of this Agreement, City hereby agrees
to allow Owner to tie into the existing sanitary sewer lines of the City, at Owner's expense,
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subject to payments required under any outstanding reimbursement ordinances, and with
payment of all applicable fees. At Owner's expense, City agrees to cooperate with Owner in
obtaining all necessary Illinois Environmental Protection Agency ("IEPA") permits required for
such sanitary sewer systems and tie-ins. Owner shall bear all costs for extensions, tie-ins, and
permits consistent with applicable City ordinances. Owner shall be responsible for the
extension of sewer tines to the far edges of the Subject Property subject to review and approval
by the City Engineer. Owner shall install sewer line extension improvements on the Subject
Property in compliance with the Final Engineering Plan approved by the City Engineer for each
phase of the development.
12. Subject to the provisions of paragraph 59 of this Agreement, City hereby agrees
to allow Owner to tie into the existing water nines of the City, at Owner's expense, subject to
payments required tinder 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 IEPA permits required for such water main extensions and tie-ins. Owner shall bear
all costs for extensions, tie-ins and permits consistent with applicable City ordinances. Owner
shall be responsible for the extension of water mains to the far edges of the Subject Property
subject to review and approval by the City Engineer. Owner shall install water line extension
improvements on the Subject Property in compliance with the Final Engineer Phan approved by
the City Engineer for each phase of the development.
13. Upon review and recommendation by the City Engineer, the City Council shall
accept all public rights -of -way and improvements located thereon, sanitary sewers, storm
drainage sewers and water mains lying within public rights -of -way or public easements on the
Subject Property. Any improvements located in private rights -of -way shall be installed in
easements dedicated for and acceptable to the City. The sewer and water service lines (from the
buffalo box to the residential or commercial unit, as the case may be) shall not be owned or
maintained by the City. Owner shall replace or repair damage to public improvements installed
within, under or upon the Subject Property resulting from construction activities by Owner and
its employees, agents, contractors and subcontractors prior to final acceptance by the City, but
shall not be deemed hereby to have released any such other part from liability or obligations in
this regard. Acceptance of public improvements by the City shall be consistent with applicable
City ordinances.
14. Developer shall comply with. City of Elgin Ordinance No. G 20-03 establishing
a policy for the Far West Area for Development Contributions for Roadways and shall pay such
contributions to the City when due as required therein, which the City acknowledges is
$1,860.00 per dwelling unit. Developer hereby represents and agrees that it is contributing such
roadway improvement contributions to the City as an inducement to the City to annex the
Subject Property. Developer further agrees that the contemplated cash contributions to the City
for roadways and the road improvements which may ultimately be constructed by the City with
such cash contributions are acknowledged and agreed to be specifically and uniquely
attributable to the future development of the Subject Property and the public improvements
contemplated by such cash contributions would not otherwise be anticipated by the City absent
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the annexation of the Subject Property. Developer further hereby acknowledges the proprietary,
necessity and legality of the roadway improvements contributions as provided for herein and
waives any and all rights to any and all legal challenges thereto. Said contribution shall be paid
on a per unit basis (per residence) concurrent with the issuance of a building permit. The City
acknowledges that this is the only road impact fee which will be assessed against the
development by the City and that Developer shall not be subject to any further impact fees or
contributions for the Subject Property from the City for road impact fees.
15. All residential structures to be constructed on the Subject Property shall be
designed and constructed in conformance with the requirements of the planned development
ordinances enumerated in paragraph 3 hereof, the Architectural Guidelines attached hereto as
Exhibit "K" ("Architectural Guidelines"), and with the private covenants referred to in
paragraph 7 hereof. In the event of any conflict between the provisions of the planned
development ordinances, the Architectural Guidelines, and the private covenants, the provisions
of the planned development ordinances shall control. Additional building elevations for
residential structures to be constructed on the subject property maybe authorized and approved
by the City's Community Development Manager so long as any such additional building
elevations otherwise are in compliance with the terms and provisions of the planned
development ordinances, private covenants and this Agreement. For all purposes of this
paragraph 15, the following modifications shall be deemed to be in compliance with the
provisions of the planned development ordinances covering the Subject Property: (a) increase
or reduction in size of residence by ten percent (10%) or less; (b) increase or reduction in
amount of specified building material (e.g. amount of brick) by ten percent (10%) or less; and
(c) moving within the same elevation (but not eliminating) architectural features, including but
not limited to windows, doors, donners, columns, and shutters.
16. This Agreement shall be enforceable in any court of competent jurisdiction by
any of the parties or by an appropriate action at law or in equity to secure the performance of the
covenants herein contained. Notwithstanding the foregoing, no action shall be commenced by
the Owner against the City for monetary damages.
17. This Annexation Agreement shall be in effect for a period of twenty (20) years
from the date of execution hereof and shall be binding upon and inure to the benefit of the parties
hereto, and their heirs, successors and assigns of all or any part of the Subject Property. To the
extent permitted by law, it is agreed that in the event the annexation of the Subject Property or
the terms of this Agreement are challenged in any court proceedings, the period of time during
which such litigation is pending shall not be included in calculating said twenty (20) year tern or
any other time period provided for in this Agreement. In the event this Agreement is not
extended by mutual consent prior to the expiration of such twenty (20) year tern then, in that
event (a) this Agreement shall be of no further force or effect, (b) the zoning classifications
granted the Subject Property pursuant to paragraph 3 hereof shall remain in full force and effect
unless and until amended by ordinance adopted by the City pursuant to standard rezoning
procedures then in effect, and (c) the development of the remainder of the Subject Property shall
proceed in accordance with all applicable ordinances then and thereafter in effect in the City of
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Elgin. The provisions of this paragraph 17 shall survive the expiration of this Agreement.
18. Owner shall be responsible for costs associated with filing and recording of the
plat of annexation and any plat or plats of subdivision or planned development for the Subject
Property.
19. If any provision of this Agreement is held invalid by a court of competent
jurisdiction or in the event such a court shall determine that the City does not have the power to
perform any such provisions, such provisions shall be deemed to be excised herefrom and the
invalidity thereof shall not affect any of the other provisions contained herein. Such judgment or
decree shall relieve the City from performance under such invalid provision of this Agreement.
20. This Agreement can be amended, in writing, at any time, by the mutual consent
of all parties to this Agreement, in the manner provided by law.
21. The City agrees that, prior to the issuance of final plat approval the City shall, at
the request of the Developer, promptly issue to the Developer such permits as may be required to
permit the Developer to proceed with the mass grading required for the construction of the
Development; provided, however, that as a condition to the issuance of such permits, Developer
shall be required to submit to the City all of those matters required by Title 21 of the EMC and to
obtain development permits as required by said Title 21.
22. The City agrees that there shall be no unreasonable or discriminatory increases
or changes in the method of calculation of development fees compared to similar fees and
charges of general applicability throughout the City imposed by the City which are in effect as of
the date hereof.
23. After the annexation of the Subject Property to the City, it is agreed that the City
shall create and establish a Special Service Area for the Subject Property pursuant to 35 ILCS
200/27-5, et seq., as amended, to provide the City with the source of revenue for maintaining,
repairing, reconstructing or replacing the stormwater drainage system, detention and retention
areas, special management areas or other improvements located on the Common Area of the
Subject Property should the homeowners association owning the land on winch such facilities or
improvement are located fail to perform maintenance, repair, reconstruction or replacement in
accordance with City ordinances or other applicable requirements of law. The Developer and
any of the Developer's successors in interest agree to and do hereby waive any and all protests,
objections and/or rights to petition for disconnection regarding such Special Service Area for the
Subject Property. The Special Service Area is for the exclusive purpose of creating a revenue
source to the City for the referenced maintenance, repairs, reconstruction or replacement and are
not intended and shall not be construed to create an obligation of the City to provide for such
maintenance, repairs, reconstruction or replacement.
24. The Open Space Parcels, as identified on the Preliminary Plat of Subdivision
attached hereto as Exhibit D-1 shall be developed by the Developer in accordance with such
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Preliminary Plat of Subdivision. The Developer shall convey the Open Space Parcels to the
following entities:
Entity
City of Elgin
Tall Oaks Homeowners Association
Open Space Parcel
Parcel(s) 2, 4, 6, and 19
Parcel(s) All remaining open space parcels
hi consideration of the conveyance of Parcel 2 by Developer to the City, Developer shall receive
a twenty percent (20%) discount of the Water System Capital Connection Fee (Elgin Municipal
Code Section 17.04.050).
In consideration of the conveyance of Parcel 6 by Developer to the City, Developer shall receive
a ninety-three percent (93%) credit against the Public Safety Building Capital Improvement
Contribution (City of Elgin Ordinance No. G3-02).
25. Whenever consent or approval of the City is required in order for Developer to
accomplish the purpose and intent hereof, such consent shall not be unreasonably withheld,
conditioned, or unduly delayed. If such consent or approval is denied, such denial shall be in
writing and shall specify the reason or reasons for such denial.
26. Except as may be required pursuant to the Dane County stormwater management
ordinance, the City shall issue no stop orders directing work stoppages on buildings or parts of
the Subject Property without setting forth the alleged violations in writing, and Developer shall
forthwith proceed to correct such violations as may exist; provided, however, that the City shall
give notice to Developer of its intention to issue stop orders in advance of the actual issuance of
such stop orders, except in the event an emergency is deemed to exist by the City.
27. The City agrees to issue, within a reasonable time after initial submission, review,
and approval of building construction plans, and the payment of required building permit fees
and all other applicable fees, all necessary building and other permits for the construction of any
and all improvements on the Subject Property or issue a letter of denial within said period of time
informing Developer and the applicant as to wherein the application does not conform to the
stated section of the Code. The City agrees that building permits issued for winter installation of
basements/slabs shall not require immediate construction of structural components for such
building. The issuance of a building permit, in and of itself, shall not be construed as a guarantee
that a Certificate of Occupancy shall be issued, it being the intention of the parties that the
issuance of a Certificate of Occupancy shall be subject to the provisions of paragraph 28 hereof.
28. The City agrees to issue Certificates of Occupancy within a reasonable time
(which, in any event, shall not exceed 10 business days) after application or to issue a letter of
denial within said period of time informing Developer and the individual or entity to whom the
building permit was issued specifically as to those corrections necessary as a condition to the
issuance of a Certificate of Occupancy and quoting the section of the Code relied upon by the
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City in its request for correction. The City shall make reasonable allowances for the completion
of public improvements which cannot be completed due to adverse weather conditions.
Specifically, the City shall issue conditional or temporary Certificates of Occupancy for dwelling
units when adverse weather conditions do not permit: outside painting; landscaping; driveway,
sidewalk, or servieewalk construction; or final grading of individual homes, appurtenances, or
lots, provided the purchaser of the applicable dwelling unit executes and delivers to the City the
City's standard "hold harmless" agreement whereby such purchaser waives any claims it may
have against the City by reason of the failure of the Developer to complete any such unfinished
item. The City agrees that Certificates of Occupancy (temporary or permanent, as the case may
be) shall be issued upon (a) proper application of the appropriate party, (b) compliance with all
applicable building codes, zoning ordinance requirements and other applicable requirements of
law, and (c) receipt and approval by the City of a performance bond (or a suitable alternative
such as an irrevocable letter of credit or a cash deposit) covering one hundred twenty-five (125%)
percent of the cost of any incomplete site work. The City shall allow one master bond at a
mutually agreed upon amount to cover any incomplete work for multiple numbers of dwelling
units, which amount shall be increased in the event the City determines that the amount of the
bond is insufficient.
29. A. Except with respect to the construction of the off -site sanitary sewer, it is
understood that prior to the construction of any streets or any other public improvements,
Developer shall submit the required plans, ,final plat, specifications and engineer's estimate of
probable cost, for approval by the City Engineer, as provided herein, after which and upon
providing the required surety bond, the Developer may proceed to construct said streets and other
public improvements. Upon installation of the asphalt base course and upon completion of other
portions of the improvements, the security shall be reduced to an amount which, in the opinion of
the City Engineer, is sufficient to ensure completion of the work yet to be performed.
B. The acceptance of public improvements by the City shall (i) be accomplished
within a reasonable time after notice of completion by Developer and full compliance with
applicable codes and ordinances, (ii) follow the posting by Developer of a guarantee bond
acceptable to the City in accordance with applicable ordinances, and (iii) be made only by the
passage of a resolution by the City Council of the City after filing with the City Clerk of a
certificate by the City Engineer certifying that all such improvements have been completed and
the construction or installation thereof has been approved by him. If appropriate under the
circumstances, such acceptance shall be in phases, as such phases are complete.
C. From and after the acceptance of any public improvements by the City, such
public improvements shall be maintained, reconstructed, repaired, and replaced by the City and
all cost and expense of operation, maintenance, repair, reconstruction, and replacement of such
public improvements shall be the sole responsibility of the City. Warranty period bonding or a
suitable alternative (such as an irrevocable letter of credit or a cash deposit) shall be provided in
accordance with ordinances of the City.
,o ingAMbakl. gt
11
D. It shall be a condition to the City's obligation to accept dedication of any public
improvement that the dedication of such improvement be accompanied by the grant of
appropriate easements to permit the City to carry out its responsibilities with respect to such
improvements.
E. Reductions in posted security shall be determined and the Developer notified within
sixty (60) days after Developer's request for reduction. Such notice shall (i) identify, with
specificity, any deficiencies in the work on the affected public improvements and (ii) list in detail
all corrections to defective work and/or work to be completed in order to obtain the City
Engineer's certification of completion of the work on the affected public improvements. Any
necessary reinspeetion shall be completed within fifteen (15) days following notice from the
Developer to the City Engineer that it has corrected such deficiencies and/or completed such
work, as the case may be. Upon completion of the public improvements, Developer shall
furnish, at its option, either a maintenance bond or letter of credit ("Maintenance Security") in
return for the City's release of the original security described herein. Acceptance of the
Maintenance Security shall constitute completion and acceptance by the City of the applicable
improvements. The Maintenance Security shall be in an amount equal to ten percent (10%) of
the total cost of construction of the public improvements described thereunder and shall contain
an expiration date one (1) year from the date of acceptance by the City of the applicable public
improvements. The parties agree that the Maintenance Security shall be utilized to repair
damage or defects other than normal wear and tear.
F. It shall be a condition to the granting of any easement required to be granted
pursuant to any provision of this Agreement that the grantee shall agree that, in the event of any
use of such easement for construction or maintenance of the facility for which such easement was
granted, (1) the grantee shall restore the property to substantially the same condition as existed
prior to such construction or maintenance, and (2) the grantee, its agents, employees, or
contractors shall hold the grantor and his or its successors in interest harmless from any third
party claims for personal injury or property damage which arise or result from the activities of the
grantee in connection with such construction or maintenance.
30. Except as otherwise provided by law including, but not limited to, the provisions
of 70 ILCS 705/20(b), from and after the annexation of the Subject Property to the City, the City
shall from time to time provide, on a basis comparable to and not less favorable than that
applicable to other areas of the City bearing similar characteristics to the Subject Property, all
services for the Subject Property and the occupants and properties located therein, of the same
kind, character, and quality including, without limitation, fire protection and police protection,
which are at any such time provided for other areas of the City. It is agreed and understood that
the services referred to in this paragraph that the City will be providing are general services only
and that no special duties or obligations are intended nor shall be deemed or construed to be
created by this Agreement. It is further agreed and understood that this Agreement is not
intended nor shall be construed to alter, limit, or constitute a waiver of any of the civil
immunities afforded the City and/or its employees pursuant to the Local Governmental and
zonmgVa11oak2.agt 12
governmental Employees Tort Immunity Act at 745 ILCS 10/1-101 et seq., as amended, it being
agreed that all of the civil immunities as set forth in such Act, as amended, shall fully apply to
any claims asserted or which might be asserted against the City and/or its employees as a result
of this Agreement or any of the actions of the parties pursuant to this Agreement. Without
limiting the foregoing, it is further agreed and understood that the City and/or its employees as a
result of this Agreement or any of the actions of the parties pursuant to this Agreement shall not
be liable to any party to this Agreement or to any other person or entity for failure to provide
adequate police protection or service, failure to prevent the commissions of crime, failure detect
or solve crimes, failure to identify or apprehend criminals, failure to provide fire protection,
rescue, or emergency service, failure to suppress or contain a fire, or failure to provide or
maintain sufficient personnel, equipment, or other fire protection facilities. Notwithstanding
anything to the contrary in this paragraph or in this Agreement, it is agreed and understood that
no action may be commenced by any person or entity against the City or its officials, officers,
employees, or other related persons or entities for monetary damages for any alleged breach of
the provisions of this paragraph or other provisions of this Agreement.
31. The parties hereto agree that there has been taken all action required by law,
including the holding of such hearings as may be required, to bring about the amendments to the
Zoning Ordinance of the City and other related ordinance amendments as may be necessary or
proper in order to zone and classify the Subject Property so as to enable the same to be used and
developed as contemplated herein and to enable the parties to execute this Agreement and fully
carry out the covenants, agreements, duties, and obligations created and imposed by the terms
and conditions hereof.
32. A. The City agrees to enter into a recapture agreement with the Developer to
collect from the owner or owners of benefited properties at the time of annexation or if
annexation is completed before the improvements are accepted then as a condition to the
approval of the first subdivision plat their pro-rata share of the cost of the following
improvements:
i. Regional off -site sanitary sewer oversizing to forty-eight (48) inches in the
event that either the agreement described in paragraph 58 E. below is not executed
or in the event that a recapture is not agreed to in said agreement;
ii. Off -site and/or on -site extension of municipal water main in excess of twelve
(12) inches to be extended from Nesler Road to Russell Road; and
iii. Entire on -site municipal water main to be extended along Russell Road.
B. The recapture agreement shall provide for interest from the time any such
improvements are completed, at the market rate prevailing at the time the recapture agreement is
entered. In any such recapture agreement, the City shall determine the benefitted properties and
the amount subject to recapture for such benefitted off -site properties on a cost -benefit basis
acceptable to the City and Developer. Any obligations of the City under such recapture
t�Kaa3maxa.aKe 13
agreements shall be non -recourse to the City, shall require that the City attempt to collect
recapture fees from the owners of the other areas to be benefitted, and shall provide that the City
shall not be responsible in the event there is no development of the property contemplated to be
benefitted by such improvement or the recapture fees are otherwise uncollected for any reason
other than the failure of the City to in good faith attempt to collect same. The City shall enact all
ordinances necessary or appropriate to give effect to or implement any recapture agreements
entered into pursuant to the terms hereof.
C. The City and Developer acknowledge that the only recaptures due and owing from
the Developer due to the City are those set forth in the City's Impact Fee Schedule (Exhibit "J").
The City agrees that it shall not approve any recapture agreements burdening Developer with
additional recapture obligations without Developer's consent.
33. A. Prior to the commencement of the construction and final plat approval for
each unit, the Developer shall submit to the City Zoning Administrator a plan showing the
location of all proposed temporary construction and sales trailers/offices, including parking areas,
fencing, signage and landscape treatment. Said plan shall also indicate the one general location of
where all construction and material storage trailers other than the trailers for the sales office shall
be located. The Developer shall be permitted two (2) construction trailers, two (2) sales trailer
sites, and three (3) material storage trailers. The Developer shall have the right to use the
construction and material storage trailers for the purpose of its construction and sales activities
until construction is completed on the Subject Property and shall have the right to use the sales
trailers for the purpose of its sales activities from the date of this Agreement until model homes
are available for use. The Developer shall keep such area free of debris and rubbish and keep the
area free of weeds and in a mowed condition, and the City may inspect such area from time to
time to determine that Developer is in compliance with its obligations hereunder.
B. Construction of temporary facilities shall be in compliance with the provisions of
the City's building code, except that sewer and water need not be connected to the temporary
facilities. Paved drives and parking areas (weather permitting) shall be provided to
accommodate vehicular access to all temporary sales trailers/office facilities. The Developer
agrees to hold the City harmless for any liability associated with the installation and operation of
any temporary facilities.
34. A. Prior to final plat and engineering approval for any phase of the development
and in advance of completing the installation of sanitary, storm drainage system, water mains and
roadway improvements, the Developer shall be permitted at the Developer's sole risk, to
construct and maintain three (3) model home areas and associated sales offices ("Model Areas");
to construct and maintain other appurtenant facilities for said model units, including an 4 x 8
foot sales office marquee and temporary sanitary facilities subject to any required permits from
the applicable health department (if the same are not operated as "dry" models), and to construct
and maintain temporary parking areas. Developer may construct and operate "dry" models. A
condition of approval shall be that the City's Development Administrator and the City's Fire
Marshall or his designee are satisfied that access to the Model Areas is safe and adequate. If, at
zoningV[alloaklagt 14
the time the use of the models is commenced, weather conditions will not permit the paving of
the access drive and parking areas for such models, access and parking may be stone or gravel
and paving shall occur when weather conditions permit. The Developer shall have the right to
occupy and use said models, as well as their garages, for sale, sales promotions and offices for
sales personnel, all as may be desirable or in any way connected with the sales of dwellings on
the Subject Property.
B. Construction of models shall be in compliance with the provisions of the City's
Building Code, except that sewer and water need not be connected to the models so long as the
Developer provides well and septic facilities in accordance with applicable City and County
regulations; and provided further, that each model shall not be occupied for residential dwelling
purposes until such time as the public improvements are sufficiently completed for the City to
issue a Certificate of Occupancy.
C. Notwithstanding any City ordinances to the contrary, for as long as the model area
is used for selling dwelling units, the Developer shall have the right to erect fencing on a
temporary basis that entirely encloses the model area and directs model area traffic. It is further
understood that successor developers shall be entitled to signs and models in replacement of
those to which Developer is entitled. It is understood that signs and fences provided for herein
shall be subject to the approval of the City Zoning Administrator and that no signs or fences shall
be placed upon the public right-of-way.
D. At such time as the City has approved building plans for any model of a dwelling
unit (including extras or options), the same shall constitute a "master approval" of the plans for
such model. Thereafter, subsequent building permit applications for any model which conforms
to the plans for winch a master approval has been made shall include documentation customarily
required for building permit applications but shall not be required to include additional copies of
building plans. The Developer shall provide the city with sufficient copies of plans for which
master approval has been given, for use in the field as dwelling units are constructed. Nothing
contained herein shall relieve Developer from the obligations to pay permit fees for each
dwelling unit for which a building permit is sought.
35. Developer shall at all times post in a conspicuous place within the sales office, a
copy of the Development Plan and a map designating surrounding land uses and public properties
on adjacent lands.
36. The Developer shall pay (or reimburse the City for payment of) the disconnection
fee, if any, payable to the Pingree Grove Fire Protection District under the provisions of 70 ILCS
705/20 (e). At the time of annexation, the Developer shall deposit with the City the amount of
such disconnection fee; provided, however, that if such disconnection fee cannot be determined
with precision, then the Developer shall deposit with the City the estimated amount of such
disconnection fee (based on the last ascertainable tax bill), and upon the issuance of the final tax
bill upon which such calculation and loss, according to statute, be based, the City and the
Developer shall equitably readjust the amount of such payment.
zoningVtA.akl gt 15
37. This Agreement is and shall be deemed and construed to be the joint and
collective work product of the City and Developer and, as such, this Agreement shall not be
construed against any party, as the otherwise purported drafter of same, by any court of
competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict in
terms or provisions, if any, contained herein.
38. Notwithstanding anything to the contrary contained in paragraph 16 of this
Agreement, it is agreed that the parties hereto shall have the following rights and remedies in the
event of a breach or default hereunder.
(a) enforce or compel the performance of this Agreement, at law or in equity
by suit, action, mandamus, or any other proceeding, including specific
performance;
(b) maintain an action to recover any sums which the other party has agreed to
pay pursuant to this Agreement and which have become due and remain
unpaid for more than 15 days following written notice of such
delinquency.
It is expressly acknowledged and agreed that except as provided in subparagraph (b)
above, neither party shall have the right to seek or recover a judgment for monetary damage
against the other or their respective officers, directors, employees, agents or elected public
officials.
39. This Agreement is adopted pursuant to the provisions of the Illinois Municipal
Code; provided, however, that any limitations in the Illinois Municipal Code in conflict with the
provisions of this Agreement shall not be applicable, and as to all such provisions the City hereby
exercises its powers pursuant to the provisions of Article VII, Section 6 of the Constitution of the
State of Illinois. Simultaneously with the annexation of the Subject Property and without further
public hearings, the City agrees, to the extent it may lawfully do so, to adopt such ordinances as
may be necessary to effectuate the use of its home rule powers. City recognizes and agrees that
the entry into this Agreement, the annexation of the Subject Property to the City, and the zoning
of the Subject Property as set forth in paragraph 3 hereof, are upon the express reliance by
Developer that the terms and provisions of this Agreement shall be valid for the tern set forth in
paragraph 17 hereof and that the City shall take no action which shall in any way be contrary to,
or inconsistent with, the terms and provisions of this Agreement.
40. The provisions contained herein shall survive the amnexation of the Subject
Property and shall not be merged or expunged by the annexation of the Subject Property or any
part thereof to the City. This Agreement shall be construed under the laws of the State of Illinois.
The parties agree that venue shall be proper only in the Circuit Court for the Sixteenth Judicial
Circuit, Kane County, Illinois.
zoningValloaklagt
16
41. Except as otherwise provided herein, it is understood and agreed by the parties
hereto that, in the event all or any portion of the Subject Property is sold or conveyed at any time
during the terns of this Agreement, all of the obligations and responsibilities of the Developer
deriving from this Agreement for the parcel sold or otherwise conveyed shall devolve upon and
be assumed by such purchaser or grantee, and the Developer as herein defined shall be released
from all obligations of the Developer which relate to the sold portion of the Subject Property
upon same being sold or conveyed.
42. Notices or other writings which any parry is required or may wish to serve upon
any other party in connection with this Agreement shall be in writing and shall be delivered
personally or sent by registered or certified mail, return receipt requested, postage prepaid, or by
a nationally recognized overnight courier, prepaid, addressed as follows:
If to the City or to the Comorate Authorities:
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Attention: City Cleric
With a copy to: City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Attention: Corporation Counsel
If to Creek Partners:
If to Owner:
Dean Kelley
Creek Partners L.L.C.
2250 Southwind Blvd.
Bartlett, IL 60103
Wyndham Deerpoint Homes
Attn: Richard M. Guerard
605 Lindsay Circle
North Aurora, IL 60542
With a copy to: Richard L. Heimberg, Esq.
Brady & Jensen
2425 Royal Boulevard
Elgin, IL 60123
zoning\tauoakl. ogt
17
43. If the Subject Property, or portions thereof, are currently used for the planting,
harvesting, housing, storage and selling of soil grown crops then the Subject Property or the
portions thereof used for such purposes may continue to be used from time to time for the
planting, harvesting, housing, storage and selling of soil crops grown on the Subject Property as
lawful nonconforming uses until such time as another use allowed under the City of Elgin Zoning
Ordinance is established or until it is under development as provided herein.
44. It is agreed that time is of the essence of this Agreement and each and every term
and condition hereof and that the parties shall make every reasonable effort to expedite the
matters included herein.
45. The City and Developer agree to take all steps necessary or appropriate to carry
out the terms of this Agreement and to aid and assist the other party, including enactment of such
resolutions and ordinances and the taking of such other actions as may be necessary or desirable
to enable the parties to comply with and give effect to the terns of this Agreement.
It is further understood and agreed that the successful consummation of this Agreement and the
development of the Subject Property is in the best interests of all the parties and requires their
continued cooperation. The City, Owner, and Developer shall do all things necessary or
appropriate to cant' out the terms and provisions of this Agreement and to aid and assist each
other in carrying out the terms and objectives of this Agreement and the intentions of the parties
as reflected by said terms, including, without limitation, the giving of such notices, the holding of
such public hearings, the enactment by the City of such resolutions and ordinances, and the
taking of such other actions as may be necessary to enable the parties' compliance with the terns
and provisions of this Agreement and the intentions of the parties as reflected by said terms. The
City, Owner, and Developer shall act in good faith, reasonably and promptly, with respect to all
consents, approvals, and actions required or requested of it or taken by it hereunder or in
connection with the development of the Subject Property. Whenever any approval, discretion, or
consent of the City or of any of its departments, officials, or employees is called for under this
Agreement, the same shall not be unreasonably withheld, delayed, conditioned, or exercised.
46. This Agreement shall insure to the benefit of, and be binding upon, the parties
hereto, the successors in title of the Developer, and each of them, their respective successors,
grantees, lessees, and assigns, and upon successor corporate authorities of the City and successor
municipalities.
47. This Agreement may be executed in any number of counterparts and duplicate
originals, each of which shall be deemed an original, but all of which shall constitute one and the
same instrument.
48. This Agreement constitutes a covenant running with the land composing the
Subject Property, binding upon the parties hereto, the successors in title of the Developer and
each of them, all grantees, successors, and assigns of the respective parties hereto, including
successor corporate authorities and successor municipalities of the City.
,. inngAt.HoA2agt 18
49. In the event any phrase, paragraph, article or portion of this Agreement is found to
be invalid or illegal by any court of competent jurisdiction, such finding of invalidity as to that
portion shall not affect the validity, legality or enforceability of the remaining portions of this
Agreement.
50. Neither the Developer nor any of the Developer's successors in interest shall file,
cause to be filed, or take any action that would result in the disconnection or deannexation of the
Subject Property from the City of Elgin during the term of this Agreement.
51. It is agreed that in the event the Developer or any of the Developer's successors in
interest, propose to amend the PSFR2 Single Family Residence District zoning ordinance
referred to in paragraph 3 of this Agreement, then any such proposed rezoning or amendment to
such zoning ordinances shall require the amendment of this Agreement upon the terms and
conditions which are acceptable to the City, in the City's sole discretion. However, with respect
to the requirement of the Developer's signature only the written approval of the legal titleholder
of the interest in the property affected by the amendment shall be required to effect an
amendment to this Agreement.
52 The City shall provide reasonable cooperation in making temporary access
available to the Subject Property for traffic used in the development and construction of public
improvements and buildings on the Subject Property, including the issuance of temporary curb
cuts from roads within the jurisdiction of the City and the issuance or permits for haul roads and
constriction roads, as well as assisting in the obtaining of temporary curb cuts from roads within
the jurisdiction of other governmental bodies or agencies.
53. The City specifically acknowledges that Creek Partners is executing this
Agreement solely for the reason that it is the owner of record of the Subject Property and may
continue to be owner of record of portions of the Subject Property during the term of this
Agreement, even though Developer or another party may acquire a portion of the Subject
Property and may develop such portion. The City further acknowledges that Creek Partners is
not, and does not intend to become, a developer of the Subject Property although it may from
time to time execute various documents, such as subdivision plats, applications for utility
permits, and the like in order to comply with rules and regulations applicable to the development
of the Subject Property as well as the provisions of contracts with other parties. In light of the
foregoing, the City agrees that Creek Partners shall not be responsible for the performance of any
of the provisions of this Agreement. In the event an Owner of the Subject Property assigns its
rights under this Agreement and such assignee in whole or in part defaults in the performance of
this Agreement or any provision hereof, the City shall Look solely to such developer of all or a
portion of the Subject Property, or its successors or assigns who are developers, as the case may
be, for such performance or for compensation for damages due to the failure of such performance
as it related to the portion of the Subject Property being developed.
54. The City acknowledges and agrees that, in the interpretation and implementation
of this Agreement, the term "Owner" as used herein shall be deemed to apply only with respect to
a particular portion of the Subject Property as to which an individual or entity is the record title
zmmgtra11oak2.ag[
19
holder or beneficial owner and specifically and expressly agrees that no liability or responsibility
under any provision of this Agreement shall be attributed to an individual or entity with respect
to a portion of the Subject Property as to which such individual or entity has no legal or
beneficial interest.
55. Except as otherwise specifically provided herein, all public improvements
pertaining to the development of the Subject Property shall be constructed in accordance with the
applicable ordinances of the City and other governmental agencies having jurisdiction over the
Subject Property and pursuant to the terms of this Agreement.
56. This Agreement may be amended from time to time in the manner provided by
law by written document executed by the City and Owner, or their respective successors or
assigns, following all other procedures required by law. In furtherance of the foregoing, a power
is hereby granted to Richard L. Heimberg or any partner in the Brady & Jensen law firm from
time to time, as attomey-in-fact, to execute, on behalf of any and all record title holders other
than owner of any portion of the Subject Property from time to time after the date hereof, such
amendments to this Agreement shall be agreed to from time to time by and between City and
Owner, regardless of the number or subject matter of such amendments. Unless specifically
provided to the contrary in a deed, mortgage, or other instrument of conveyance, each deed,
mortgage, or other instrument with respect to any portion of the Subject Property, and the
acceptance thereof, shall be deemed a grant and acknowledgment of, and consent to, such power
to said attorney -in -fact and shall be deemed to reserve to him the power to execute such
amendments to this Agreement as hereinabove set forth.
Anything herein contained to the contrary notwithstanding, the power herein granted to either
said attomey-in-fact may be revoked or amended in a written declaration of revocation or in a
written declaration of amendment, specifically referring to the power herein granted, signed by
all of the record title holders of all portions of the Subject Property from time to time, other than
Owner.
57. Wherever a time period exists in this Agreement within which a party is obligated
to perform an act, such time period shall be deemed automatically extended for the period of
unavoidable delay if the party is unable, through no fault of its own, to perform such act in a
timely manner as a result of war, act of God, insurrection, labor unrest, or material shortages.
The inability to pay debts as they become due shall not excuse timely performance hereunder.
58. A. The City has completed construction of the so-called Otter Creek Lift Station
("Lift Station") and installed an effluent (discharge) line connecting the discharge side of said
Lift Station to the Bowes Road Interceptor Phase II ("BRIS 2") sewer line. The City has also
constructed an additional interceptor sewer running parallel to the Bowes Road Interceptor line
and leading from the eastern most terminus of the Bowes Road interceptor 2 line to the west
treatment of FRWRD at Route 31 and Dana Drive, Elgin, Illinois (hereinafter called 'KRIS
1B").
zojim&aIloak2 ae
20
B. The City (i) acknowledges that the Lift Station and BRIS 1B were designed and
constructed with sufficient capacity to serve the Subject Property and (ii) agrees to reserve
sufficient capacity (commonly referred to as "PE"', or "population equivalents") within the Lift
Station, BRIS 2 and BRIS 1B, and all sanitary sewer lines owned by the City which service the
Otter Creek Service Area so as to serve the number of residential units approved by the City for
the project contemplated in the Preliminary Plat of Subdivision.
C. The City acknowledges and agrees that Owner and Developer are changing their
position with respect to the Subject Property and making a substantial investment in the
development of same in express reliance upon the full and faithful performance by the City of its
covenants and agreements as contained in this Paragraph 58
D. The construction by the City of the Otter Creek Lift Station, the effluent lines leading
to BRIS 2, and the sewer line from the Otter Creek Lift Station which terminates immediately
east of Otter Creek (the Otter Creek Lift Station, the effluent lines discharging therefrom to BRIS
2, and the sewer line from the Otter Creek Lift Station which terminates
immediately east of Otter Creek shall be hereinafter collectively called the "Otter Creek Lift
Station System"). Developer shall comply with City Ordinance No. 22-03 providing for
reimbursements to the City for the Otter Creek Lift Station System and shall make payments to
the City when due as required therein. Developer hereby acknowledges the propriety, necessity,
and legality of such ordinance and the payments provided for therein and waives any and all
rights to any and all legal challenges thereto.
E. The City, Developer, and others contemplate negotiating an agreement to provide for
the construction of a regional sanitary sewer line. In the event that such an agreement is
executed, the City and Developer agree that the regional sanitary sewer shall be constructed
pursuant to said Sewer Line Construction, contribution and Recapture Agreement.
F. The design, plan review, construction, constriction inspection, and constriction
administration for any interceptor sanitary sewer to be constructed in conjunction with the
development of the Subject Property, whether off -site or on -site, shall also be in compliance
with the Far West Interceptor Sewers Policy for Inspections and Construction, dated April 30,
2003, attached hereto and incorporated herein by this reference as Exhibit "M."
59. A. The City represents that (i) there currently exists a fully functionally potable
water supply system sufficient to serve the project contemplated in the preliminary plat of
subdivision attached hereto as Exhibit "D-1" and (ii) an existing municipal water main ("Existing
Water Main") is located on Nester Road in the Providence project, as shown on the plans
attached hereto as Exhibit "O".
B. If the Existing Water Main has not been extended by other developers to the boundary
of the Subject Property, the City shall permit Developer to extend the Existing Water Main, at
Owner's expense, to serve the Subject Property as shown on such Exhibit
"O", such extension to the easterly boundary of the Subject Properly being hereinafter called the
"Off -Site Water Main" and such extension from the easterly boundary of the Subject Property to
7,oniagla11oak2.agt 21
the westerly boundary of the Subject Property following the general route as shown on such
Exhibit "O", such extension being hereinafter called the "On -Site Water Main"). It is the
intention of Developer and the City that the On -Site Water Main shall be developed as part of
phase 1 of the project contemplated in the preliminary plat of subdivision attached hereto as
Exhibit "D-1"; the exact route of the On -Site Water Main shall be determined in connection with
the completion of final engineering plans for such phase 1. Once completed, Developer shall
dedicate pursuant to City ordinances and procedures the portion of the Off -Site Water Main and
the On -Site Water Main so extended by Developer to the City, which shall accept said dedication
and thereafter maintain same as the City's property.
C. It is agreed by the City and Developer that the entire cost of the Off -Site Water Main
(the "Recapture Water Main Cost") shall be subject to recapture by Developer in accordance with
the following provisions of this Paragraph 59C. The Recapture Water Main Cost shall include
the actual cost attributable to the design, engineering, construction, and interest actually
expended for financing such costs. Within ninety (90) days of the completion of the Off -Site
Water Maul and the acceptance thereof by the City, the City shall adopt a water main
reimbursement ordinance which shall provide for reimbursement to Developer from the
owner/developer of the adjoining properties of the Recapture Water Main Cost. For purposes of
this Paragraph 59C., the term "adjoining properties" shall be deemed to refer to the so-called
"Meier Farm" as to the entire cost of the Off -Site Water Main. The recapture ordinance or
ordinances shall, at Developer's expense, be recorded by the City with the Kane County
Recorder. Water main reimbursements to be collected pursuant to such ordinance or ordinances
shall be collected by the Developer according to the same procedures utilized for the collection
of private interceptor sanitary reimbursements as set forth in Chapter 22.06 of the E.M.C., as
amended. Developer shall, not later than the time it gives the notice of completion and request
for acceptance of the Off -Site Water Main submit to the City documentation of the actual cost of
construction thereof for review and approval by the City and for the City's use in preparation of
the applicable recapture ordinance. The adoption of each such recapture ordinance shall be the
sole responsibility of the City with respect to the collection or payment of any recapture fee, and
the City shall have no other or further obligation with respect to the collection or payment of any
recapture fee.
D. The payment of water tap -on fees for the project contemplated in Exhibit "D-l" shall
be on a per -unit basis at the time of issuance of building permits. From and after the annexation
of the Subject Property to the City and the payment of all applicable fees and compliance with
applicable ordinance requirements, the City shall provide water service to the Subject Property
on a basis comparable to and not less favorable than other similarly zoned residential properties
in the City.
60 A. The City and Developer agree that all streets within the development
contemplated in the Preliminary Plat of Subdivision shall be publicly owned and maintained.
Developer shall not be required to provide any additional streets, locate any additional streets,
collectors or street connections through the Subject Property, other than as set forth in the
Preliminary Engineering Plans. The City agrees to allow the Owner to construct and extend
within the boundaries of the Subject Property, at the Owner's expense, the utilities of sanitary
zouingkxRoaA2.ngi 22
sewer, storm sewer, and water (the "On -Site Utility Lines") and to provide for on -site stormwater
retention/ detention, all in substantial accordance with the Preliminary Plat of Subdivision. By
way of further clarification, it is agreed that:
(1) Sanitary sewer lines and water mains (but not including sanitary sewer laterals and
water service lines) serving the development contemplated in the Preliminary Plat of
Subdivision shall be owned and maintained by the City and shall be located in the
portions of the public rights -of -way and, if necessary, in the parkway or other easements
granted by Developer adjacent to the applicable street. The City agrees that parkway
landscaping may be located within any such right-of-way and easement;
(2) Stormwater lines serving the development contemplated in the Preliminary Plat of
Subdivision shall be owned and maintained by the City and shall be located in the
portions of the public rights -of -way and, if necessary, in the parkway or other easements
granted by Developer adjacent to the applicable street or, if Developer so elects and if
consistent with generally acceptable engineering standards, along and adjacent to the rear
lot lines of each lot within such development. The City agrees that parkway landscaping
may be located within any such right-of-way and easement.
(3) In consideration of the City's consent to allow the Developer to locate sanitary sewer
lines, water mains, or stonnwater lines in the parkway, the Developer shall pay to the
City prior to and as a condition to the issuance of each residential building permit for the
Subject ;Property an additional fee of 5950.00 per dwelling unit.
B. Prior to formal final plat approval for any phase of the development, but following
approval of final engineering plans for underground utilities, the Developer shall be permitted, at
the Developer's sole risk, to constrict and maintain sanitary sewer lines, storm drainage system,
water mains and roadway improvements for any such phase.
IN WITNESS WHEREOF, The 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
City Clerk
WYNDHAM DEERPOINT HOMES
I
artner
CITY OF ELGIN, ILLINOIS
Mayor
CREEK PARTNERS, L.L.C.
By: a / ✓
Member
zoning\fa➢oak2_an 11
Exhibit A:
Exhibit B:
Exhibit C-l:
Exhibit C-2:
Exhibit C-3:
Exhibit D-l:
Exhibit D-2:
Exhibit D-3:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
Exhibit 0:
EXHIBITS
Legal Description of Subject Property
Annexation Plat
PSFRl Ordinance
PSFR2 Ordinance
PCF Ordinance
Zoning Exhibit
Preliminary Plat of Subdivision
Master Concept Plan
Preliminary Engineering Plans
Listing of Offsite Utility Easements
School District Capital Improvement
Contribution Formula
Library District Capital Improvement
Contribution Formula
Intentionally Omitted
Calculation of Impact Fees under
current ordinances
Architectural Guidelines
Intentionally Omitted
Far West Interceptor Sewers Policy for
Inspections and Construction
Intentionally Omitted
Municipal Water Plan
zoningAtafla.U.at
PARCEL ONE:
THAT PART OF THE NORTH U2 OF THE NORTHEAST 1/4 OF SECTION 13,
TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH 1/2 OF THE
NORTHEAST 1/4 OF SAID SECTION 13; THENCE NORTH ALONG THE SECTION
LINE 503 FEET; THENCE SOUTH 89 DEGREES 50 MINUTES WEST, 1385.9 FEET
TO THE CENTER LINE OF THE HIGHWAY; THENCE SOUTHERLY ALONG SAID
CENTER LINE TO THE SOUTH LINE OF THE NORTH 1/2 OF SAID NORTHEAST
1/4; THENCE EAST ALONG THE SOUTH LINE TO THE POINT OF BEGINNING,
IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS.
PARCEL TWO:
THAT PART OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 18,
TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE
EAST ALONG THE NORTH LINE OF SAID SECTION 662.64 FEET TO THE
CENTER OF THAT STATE ROAD, THENCE SOUTH 64 DEGREES 05 MINUTES
EAST ALONG SAID CENTER LINE 112.86 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT "A; THENCE SOUTH 64 DEGREES 05 MINUTES EAST
ALONG SAID CENTER LINE TO A POINT 30.36 FEET WESTERLY, MEASURED
ALONG SAID CENTER LINE, FROM THE EAST LINE OF SAID NORTHWEST
FRACTIONAL QUARTER FOR THE POINT OF BEGINNING, THENCE NORTH 64
DEGREES 05 MINUTES WEST ALONG SAID CENTER LINE TO SAID POINT "A;
THENCE SOUTH 25 DEGREES 55 MINUTES WEST 366.96 FEET; THENCE NORTH
64 DEGREES 05 MINUTES WEST 112.86 FEET; THENCE NORTH 73 DEGREES 15
MINUTES WEST TO A POINT WHICH IS NORTH 81 DEGREES 44 MINUTES
EAST 153 FEET FROM A POINT IN THE WEST LINE OF SAID QUARTER
SECTION 186.93 FEET SOUTHERLY OF THE SOUTHERLY LINE OF THE PLATO
ROAD; THENCE SOUTH 81 DEGREES 44 MINUTES WEST 153 FEET TO THE
WEST LINE OF SAID QUARTER SECTION; THENCE SOUTH ALONG SAID WEST
LINE TO A POINT 29 CHAINS SOUTH OF THE NORTHWEST CORNER OF SAID
SECTION 18; THENCE SOUTH 48 DEGREES EAST 791.66 FEET TO A LINE
DRAWN SOUTH 25 DEGREES 13 MINUTES WEST FROM THE POINT OF
BEGINNING; THENCE NORTH 25 DEGREES 13 MINUTES EAST 2219 FEET TO
THE POINT OF BEGINNING, IN THE TOWNSHIP OF ELGIN, KANE COUNTY,
ILLINOIS,
PARCEL THREE:
THAT PART OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 7 EAST AND THAT
PART OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF
SECTION 13; THENCE NORTH 1.59 CHAINS TO THE NORTHWEST CORNER OF
THE SOUTHWEST FRACTIONAL QUARTER OF SECTION 18, TOWNSHIP 41
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE EAST
ON THE NORTH LINE OF SAID QUARTER 11.95 CHAINS; THENCE SOUTH 48
DEGREES EAST 3.62 CHAINS TO A GRANITE STONE; THENCE SOUTH 47
DEGREES WEST TO INTERSECT THE EAST LINE OF THE SOUTHEAST 1/4 OF
SAID SECTION 13 AT A POINT 15.42 CHAINS SOUTH OF THE NORTHEAST
CORNER THEREOF; THENCE ON THE SAME COURSE 70 LINKS PAST SAID
EAST LINE, THENCE NORTH 60 DEGREES WEST 21.19 CHAINS; THENCE
SOUTH 38 DEGREES WEST 10 CHAINS; THENCE NORTH 57 DEGREES WEST
3.29 CHAINS; THENCE SOUTH 43 DEGREES 15 MINUTES WEST 10 CHAINS AND
71 LINKS TO A STAKE 5.12 CHAINS EAST OF THE WEST LINE OF SAID LAST
NAMED QUARTER SECTION,; THENCE NORTH 85 DEGREES WEST 17.12
CHAINS TO THE EAST LINE OF IRA RUSSELL'S FARM AND CROSSING THE
WEST LINE OF SAID LAST NAMED QUARTER QUARTER SECTION 18.25
CHAINS NORTH OF THE SOUTHWEST CORNER THEREOF; THENCE NORTH 49
DEGREES 15 MINUTES EAST 43 CHAINS ALONG SAID RUSSELL'S EAST LINE
TO THE WEST LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SAID
SECTION 13, THENCE SOUTH 7.40 CHAINS TO THE SOUTHWEST CORNER OF
SAID EAST 1/2; THENCE EAST 20.5 CHAINS TO THE POINT OF BEGINNING
(EXCEPT THAT PART OF THE SOUTH 1/2 OF SECTION 13, TOWNSHIP 41
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 50 OF
MONTAGUE FOREST UNIT NO. 4; THENCE NORTH 12 DEGREES 51 MINUTES
15 SECONDS EAST ALONG THE WESTERLY LINE OF SAID LOT, 55 FEET
WESTERLY TO AN ANGLE IN SAID WESTERLY LINE FOR THE POINT OF
BEGINNING; THENCE NORTH 84 DEGREES 02 MINUTES WEST 1083.7 FEET TO
THE CENTER LINE OF THE ELGIN-PLATO ROAD; THENCE SOUTHWESTERLY
ALONG SAID CENTER LINE 30.62 FEET TO THE NORTHWEST CORNER OF
MONTAGUE FOREST UNIT NO. 1, THENCE SOUTH 84 DEGREES 02 MINUTES
EAST ALONG SAID NORTH LINE 1098.37 FEET TO THE WESTERLY LINE OF
LOT 50 IN MONTAGUE FOREST, UNIT NO. 4; THENCE NORTH 12 DEGREES 51
MINUTES 15 SECONDS EAST ALONG SAID WESTERLY LINE 25.18 FEET TO
THE POINT OF BEGINNING), IN PLATO TOWNSHIP, KANE COUNTY, ILLINOIS.
PARCEL FOUR:
THAT PART OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID
SECTION; THENCE NORTH 45.64 RODS TO A POINT THAT IS 29 CHAINS
SOUTH OF THE NORTHWEST CORNER OF SAID SECTION; THENCE SOUTH 48
DEGREES EAST TO A POINT ON THE QUARTER SECTION LINE 47.82 RODS
EAST OF THE POINT OF BEGINNING; THENCE WEST TO THE POINT OF
BEGINNING, IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS.
PARCEL FIVE:
THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 41
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT A
PIECE IN THE NORTHWEST CORNER THEREOF 20 RODS SQUARE), ALL IN
THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS.
PARCEL SIX:
THAT PART OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 41 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE; SOUTHEAST 114 OF
SECTION 13; THENCE NORTH 1.59 CHAINS TO THE NORTHWEST CORNER OF
THE SOUTHWEST FRACTIONAL QUARTER OF SECTION 18, TOWNSHIP 41
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, THENCE EAST
ON THE NORTH LINE OF SAID QUARTER 11.95 CHAINS; THENCE SOUTH 48
DEGREES EAST 3.62 CHAINS TO GRANITE STONE; THENCE SOUTH 47
DEGREES WEST TO INTERSECT THE EAST LINE OF THE SOUTHEAST 1/4 OF
SAID SECTION 13 AT A POINT 15.42 CHAINS SOUTH OF THE NORTHEAST
CORNER THEREOF; THENCE ON THE SAME COURSE 70 LINKS PAST SAID
EAST LINE, THENCE NORTH 60 DEGREES WEST 21.19 CHAINS; THENCE
SOUTH 38 DEGREES WEST 10 CHAINS ALONG THE WEST LINES OF
MONTAGUE FOREST UNITS FIVE AND FOUR FOR THE POINT OF BEGINNING;
THENCE NORTH 57 DEGREES WEST 3.29 CHAINS, THENCE SOUTH 43
DEGREES 15 MINUTES WEST 283.51 FEET TO THE NORTHWEST CORNER OF
LOT 52 OF MONTAGUE FOREST UNIT NO. 4; THENCE EASTERLY ALONG THE
NORTHERLY LINE OF SAID LOT 52 A DISTANCE OF 284.8 FEET TO TIE
WESTERLY LINE OF LOT 55 IN SAID UNIT NO. 4; THENCE NORTHEASTERLY
ALONG SAID WESTERLY LINE 130 FEET TO THE POINT OF BEGINNING, IN
THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS.
ALSO: PURSUANT TO ARTICLE 7 SECTION 5/7-1-1 OF THE ILLINOIS
MUNICIPAL CODE (65 ILCS 5/7-1-1) THE NEW BOUNDARY OF THE
TERRITORY TO BE ANNEXED SHALL EXTEND TO THE FAR SIDE OF ANY
ADJACENT RIGHT OF WAY AND SHALL INCLUDE ALL RIGHT OF WAY
WITHIN THE AREA TO BE ANNEXED. THEREFORE, FOR THIS ANNEXATION,
THE AREA TO BE ANNEXED SHALL EXTEND TO THE NORTH SIDE OF ROUTE
20 AS SHOWN.
P.I.N. 05-13-200-008
P.I.N. 05-13-200-010
P.I.N. 05-13-376-001
P.I.N. 05-13-476-002
P.I.N. 05-13-476-010
P.I.N. 05-13-476-011
P.LN. 06-18-100-012
P. 1, N. 06-18-100-013
P.I.N. 06-18-100-015
P.I.N. 06-18-100-016
P.I.N. 06-18-300-001
D ISO ' 9N' BN'
Scale 1" = 300'
RAYS Of, BEAMNGS, INC KANE COUNTY HORIZONTAL
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NOTARY P()BOC
PLAT OF "NEXATION
OF PART OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
PLATO TOWNSHIP, KANE COUNTY, ILLINOIS
AND
PART OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS
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STATE OF HIMM )
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OMINTY OF K,,NE )
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Thb he to c Jfy that Mb —M M, of MarCM, mne.'ed b bbh,N m at
bcorpaatad We and made a poi of Me City of Ef h by
CMNmre Nu a4y1M by Me dty camel of od dty m to
_ day of 2N4.
By
YaNw'
Attest:
CRY Clue
LANE OF NE N.W. 7/4 OF EEC I8-41-8
STATE W ILLMOS)
ss
COMOY 0' KANE)
c,N Ea N )
C anrithed by Let, Plmot9 nod Opwm lWlnant Cambvlm of Ile My of El,, K.
Mb day d , 2W4
By
Sufefory
STALE M Rimas)
ss
COUNTY OF KANE)
mb M ho"Not shooter roe NW /u Me — r Me RboANM a DK a at Kama Cew1A NInab m the
day of 2004. M _ o'Vock _.m, and me TecafmE H Emelm, of Rate
Kme Comty R000r r
PAROI ME
THAT PART OF NE NORM 112 M THE NORTREIST 114 M SECTION 13, IM SHOP 41 NORM, RANGE 7 EAST M THE MRD
PMMOTPAL MERIDIAN, DESCRO?0 AS FOLLOMS
BECNNANG AT THE SOUTHEAST COWER OF' THE NMM 1/2 M THE MAMEAST 1/4 Of, SAW SECTION iS RKN, NMM
ALONG ME SECTION LINE SC.S TEST, THENCE SMYN N DECREES SO MINUTES KST, 138S9 FEET M THE CENTER LM7 O NE
MMWAO INMOE SOUTHERLY ALONG SAW CENTER LINE TO RE SOJM ONE OF ME NORM 112 CE S.MD NMMMST IA
THENCE MST AILING THE SO)M WNE TO RE PON' OF KCIA'NING W RE TDNNENR M MTG KANE C,,1,, HLWAS
PARCEL. TRIP.
MAT PART CF THE MMT1*EST TRACTOR& WARIER OF SECTION iS TOWSAP 41 NORTH, RANGE 8 EAST OF OE OW
RIVER& MERIDIAN, TESABBED AS FCLLOMP
OXA(ENONG AT THE NOPM)VEST CORNER M MR, SEC,, i& REtNCE FAST ALMC NE NMN LAVE M SAW STnM
66264 TEET TO ME LENIFR CF MAT STATE ROAD; THENCE SOUTH 64 DECREES OR MUMS EAST AIMG SAC CENTER ONE
1128E EEET N A PANT H REMAFLFR REFERRED TO AS ALPON'T'A`, Ii M SW M 64 DEGREES M MINUTES EAST ALLNC
SMUT CENTER LINE M A PAMENT XM MT RMY, WAOMEO ONC SAW 4 ,,R W'E, FRCW ME EAST LINE M SAID
NORTHEAST FRACOMAL WARTER FM RE PONT OF KONNAVG RENCE NORM 54 MMEES 05 MINUTES NEST ALMG SAID
CENER LNE TO SAD PLANT 'A'; N1OKE SQUM 25 DECREES 55 MINUTES REST M6.96 FEET,, THENCE NORTH 54 DECREES 0
AMNULES NEST 11286 FEET THENCE NORTH 73 DEGREES 15 NORM NEST TO A PONT %MM IS NORM 81 CXMEES M
MINUTES EAST 153 FEET IRON A PONT W RE NETT LINE OF SMIR QUARTER SECRM iS6BJ My SOUTHERLY OF TIE
SWNERLY LANE M OE PLANO ROAD; THENCE SOUTH 81 OtMEES H NANURS ),EST 1ST FEE] TO ME ),EST LANE M SAID
WAFTER SECTION; TtaNO SOUK ALONG SAW BEST LINE TO A PONT 29 MAINS SWiH M RE NMN*EST CONO, O
SAW SECTION IT MFfNX SOUTH 48 COMETS EAST 781.68 FEET TO A LANE MAW SOUTH 25 DECREES 13 NAL,VS NEST
GROW THE PLANT M SOChRM'G THENCE NORM 25 DEOMIS 13 MINUTES EAST 2,19 FEET TO OE PLANT M BEQtANG W
ME LDWSHR M amm KANE OX04N, HLINLYS
PARCEL. THREE'
MAT PART OF SECTION 13, TOMNSHIP 41 NORM RANGE 7 UST AND MAT PART OF SECRON iR TOWSM' 41 NMM,
RANGE 8 FAST OE RE BARD ➢RWOPAL MLNWA4, DESCRIBED AS FOLOMS
BEGWNNG AT THE NORTHEAST CORNER M THE SOUTHEAST 114 M RECRM 11 thj f NfwM , sa re4ewe m m
HAIRS TO A GRAMM STOE: THENCE SOUN 47 DEGREES NEST TO ANME CT ME UST LNE OF ME SOUTHEAST
SECTIOIt 13 AT A POINT IA42 CHAINS SOUTH M RE NORTHEAST CORNER THMEO; THENCE M W SAME
J S PAST SAW UST LINE; THENCE MOTOR 60 TEPEES REST 21.19 CRAWS RIENCE SWiN M MCREES NEST
1HE1tCE NMM 57 DECREES REST 129 MAWS 1NM, SWiH A3 NMEES 15 M,,M X,,, 1R CHAINS AND T
STAKE S12 ONW5 EAST M THE REST ONE O' SAW UST NAME, WAFTER EECNW; THENCE NMTH M
ST 17.12 CHAINS TO ONE UST LINE OF RA RUSSELL'S FARM AND CROSSING NE REST LINE M SMD LAST NAMED
ARLER SECOM 1&23 CHOWS NORTH OF ME SWNKST OWNER T RAEO: THENCE NORM 49 OEMEES 15
T A3 CHAINS ALMC MID RUSSELL*$ FIST LINE TO THE REST ONE OF RK EAST 112 M THE NMMEAST 1/4 M
r 1; THENCE ROOM 2.40 CHAINS TO I E SQUTHNEST CORNER M MAD EAST 1/2: FENCE EAST COS MAWS W
' BE POP (EXCEPT OUT PART M RE SOUTH 1/2 M SECADN !,, TONNSHR 41 NORTH. RANGE 7 EAST M
i i0 ME KONG S ONE ST LOT SO ME
MMTAWE FOREST, UNIT OF 4 FENCE NORM 12
MWSCO 51 NNOTTSCOO TY SOAIMNMR EAST ALONG SAID MESTEMY UNE 2518 TEST ILA RE FONT M BE(d.NNING), AN FUlO
TOMLYIIP, MANS COUNTY, IWNLAS
PARCEL FOUR:
THAT PART M ONE NMMNEST 7/4 OF SECOM 18 TOWS 41 NMM, RANGE 8 EAST M RK iHWD PRd4OPAL YENIOAN
DESMWED AS FOLLOWS
BEGINNING AT THE SOUNREST CORNER M NE NORTH*EST 114 M Mob SECTM,, TKNCE NORM 4S64 PUNS TO A PONT
MAT 619 QWN$ SWM M RK NMNKST CLADER M SAID SECRM; THENCE SWM 48 EEMEES EAST TD A PANT M
ONE QUARTER SEXBON LINE 47.82 ROCS UST M THE PONT M WONNWG THENCE KST M THE PANT OF BEAMANG W
ME TCMNSHR M ELM, KANE COUNTY, WNQS
PARCEL i11E'
RE SOUTHEAST 114 M RE NORMEAST 114 OF SECTM 1.5, TOWSMP 41 NMM, RANGE T MST CE RE OABW MORMAL
NERWWN (MCSPT A PEQ' AN ONE NOiTHREST NRNM THEREOF M TINS SNARE). ALL W THE )ONRAIR M P,AM KANE
COUNTY, ILthm
PARQ1 9X
OUT PART OF THE SCUNEAST 114 OF SECRM 14 RAMRMP 41 NORM RANGE T UST CF OIE PART PMURAL MEMIRW
DESCRIBED AS FOLLOWS.'
CCMMENONG AT THE NORTHEAST CORNER 0' THE SOUTHEAST 114 OF' WCRON 13, THENCE NORM IN MAWS TO RE
NMN%EST CORNER M THE SWNNEST FRACTIONAL WAFTER OF SECOM 18 TORN98P 41 NMM RANGE 5 EAST OF RK
FORD PMNOPAL MFRWUN,' NENCE UST M MM ME NLANE M SAW QUARTER 11.95 OWN$ THEHCE SOUTH AN DEMOS
EAST a62 CHAINS TO GRANITE STONE HENCE SOUTH 47 DEOREES *EST TO INTERSECT ME UST LINE M ONE SOUWAST
114 M MM SECTION 13 AT A PONT 1542 MAWS SWM O ME NMMEAST CORNER NEREO;, FENCE M TIE SANE
COURSE 70 LINKS PART SAID UST ONE; THENCE NORTH 60 DECREES )EST 21.19 MAWS THENCE SWM 38 DECREES WEST
to MAINS ALONG THE KST LAES O' MMTAGM FOREST UNITS RIVE AND FOM FOR THE PLANT M BEAYNING HENCE
NMM 57 TEMETS *EST 129 MANS THENCE EWTH 4T CECAOER 15 MWUlES KST =51 FEET M ME NMMNESi
CORNER CF LOT OF MONTAGUE FOREST UNIT M. 4: THENCE EASTERLY ALONG THE NMNEPLY LYE M SAW LOT 52 A
OSTANCE OF 284.8 FEET TO THE *ESTERLY TUNE M LOT 55 AN SAD UNIT A'0. 4, HENCE NORNUSTERLY AMC SAID
KSTERLY ONE IM FEET M NE PONT CF BEGMW4VG AN NE TDMN99P OF PLATE KANE OM N,, RINDS.
ALSO, PURSUANT N MR= 7 SECRM 517-1-1 OF RK I aa; MOWCPAL CODE 0, HCS 517-1-1) THE NEW BOUNDARY
CF RE i£MRIOMY TO BE ANNEXED SHALL EXTEND TO ME FAR DOE MANY ADJACENT MCNT A, WAY AND SMALL INOLWE
All RIMT M WAY WNW THE ARM W W ANNEXED. MEKFME fTR WS, ANNEXATION, THE ARM TO BE ANNEXED SHALL
EXTEND TO THE NORTH EWE M ROUTE 20 AS SHORN,
SIJRtINOR'R CERnf
Slate of Ylbahe f
) sS
Oeboly a rapa,a)
The he to certify that L Dou9'm R. Mcaefl , be MMOo Protemkntl Lad Sarea^ haw R N! Me Pelt hatem hen eNkFa'
scam N, the puMoba of amepry Ulm both, Fto the CRY of Elgin , plkd0. ma 1. Plat h. bear b o lobed
rtRebmtaticn of the Rape N to be mheved
Qx» lame, my hard and mY thh 6th My of Mahler, 2M.
8
fflo PrafgNmtl Lmd Suneln No. 35-2992 )�X/ 116 i 7 l3
SLney No.:
C326
� Ordemd By.:
NYA9MY D%&4PODtT
Desert➢ftm:
PUT OR ANNE'XA41M
]Mte Papered:
388RUARV R 2N4
3eele: L" = 9N'
Ordinance No. G13-04
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PSFRI PLANNED SINGLE FAMILY RESIDENCE DISTRICT
(Tall Oaks Subdivision - 101 Russell Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory in the PSFRI
Planned Single Family Residence District; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted a public hearing concerning said application and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN. ILLINOIS:
Section L That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the
Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding
thereto the following paragraph:
"The boundaries herein before laid out in the `Zoning District Map', as
amended; be and are hereby altered by including in the PSFRI Planned Single
Family Residence District, the following described property:
LEGAL DESCRIPTION TO BE INSERTED PRIOR TO ADOPTION OF
ORDINANCE
Section 2. That the development of this PSFRI Planned Single Family Residence District
as described in Section I shall be developed subject to the following provisions:
A. Purpose and Intent. The purpose and intent of this PSFRI zoning district is to
provide a semirural residential environment of the lowest standardized density for
single-family detached dwellings, subject to the provisions of Chapter 19.60
Planned Developments of the Elgin Municipal Code, 1976, as amended. The
PSFRI District is most similar to, but departs from the standard requirements of
the SFRI Single Family Residential District.
R. Supplementaiy 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, 1976, as amended. The exclusion of such syrnbol
�.. J-6 i, s..,A l
shall not exempt such word or phrase from the applicable supplementary
regulation.
C. General Provisions. In this PSFRI zoning 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, 1976, as amended.
D. Zoning Districts -Generally. In this PSFRI zoning 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, 1976, as amended.
E. Location and Size of District. This PSFRI zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PSFR2 zoning district exclusive of rights -of -
way, but including adjoining land or land directly opposite a right-of-way, shall
not be less than two acres.
F. Land Use. In this PSFRI zoning district, the use of land and structures shall be
subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal
Code, 1976, as amended. The following enumerated "land uses" [SR] shall be the
only land uses allowed as a "pernvtted use" [SR] in this PSFR2 District:
Residence Division.
1. "Single family detached dwellings" [SR] (UNCL).
2. "Residential garage sales" [SR] (UNCL).
3. "Residential occupations" [SR] (UNCL).
4. "Residential outdoor storage of firewood" [SR] (UNCL).
5. "Residential parking areas" [SR] (t. NCL).
Finance, Insurance, and Real Estate Division.
6. "Development sales office" [SR] (UNCL).
Services Division.
7. "Family residential care facility" [SR] (8361).
8. "Home child day care services" [SR] (8351).
Construction Division.
9. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication, and Utilities Division.
10. "Radio and television antennas" [SR] (UNCL).
11. "Satellite dish antennas" [SR] (UNCL).
12. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
13. "Fences and wails" [SR] (UNCL).
14. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs,
of the Elgin Zoning Ordinance.
15. "Temporary uses" [SR] (UNCL).
16. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this
PSFRI Planned Single Family Residence District, subject to the
provisions of Section 19.12.500, Accessory Structures and Buildings, of
the Elgin Zoning Ordinance.
17. "Accessory uses" [SR] (UNCL)
PSFRI Planned Single Family
provisions of Section 19.20.400,
Zoning Ordinance.
to the permitted uses allowed in this
Residence District, subject to the
Component Land Uses, of the Elgin
In this PSFRI, zoning district, the use of land and structures shall be subject to the
provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as
amended. The following enumerated "land uses" [SR] shall be the only land uses
allowed as a "conditional use' [SRI in this PSFRI zoning district:
Residences Division.
1. "Conditional residential occupations" [SR] (UNCL).
Municipal Services Division.
2. "Municipal facilities" [SR] (UNCL) on a zoning lot containing less than
two acres of Iand.
Transportation, Communication, and Utilities Division.
3. "Amateur radio antennas" [SRI (UNCL).
4. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
5. "Commercial antenna tower" [SR] (UNCL).
6. "Other radio and television antennas" [SRI (UNCL).
7. "Other satellite dish antennas" [SR] (UNCL).
8. "Pipelines, except natural gas" (461).
9. "Railroad tracks" (401).
10. "Treatment, transmission and distribution facilities: equipment, equipment
buildings, towers, exchanges, substations, regulators" [SR;] (UNCL).
Miscellaneous Uses Division.
11. "Planned developments" [SR] (UNCL) on a zoning lot containing less
than two acres of land, subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Zoning Ordinance.
12. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in
this PSFRI Planned Single Family Residence District, subject to the
provisions of Chapter 19.12.500, Accessory structures and Buildings.
13. "Accessory uses" [SRI (UNCL) to the conditional uses allowed in this
PSFRI Single Family Residence District, subject to the provisions of
Suction 19.10. 400, Component Land Uses.
G. Site Design. In this PSFRI zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance. In this PSFRI zoning district, the site design regulations
shall be as follows:
1. Zoning Lots - Generally. In this PSFRI zoning district, "zoning lots"
[SR] shall be subject to the provisions of Section 19.12300, Zoning Lots -
Clarifications and Exceptions, of the Elgin Zoning Ordinance.
2. Lot Area. In this PSFRI zoning district, the minimum required "zoning
lot area" [SR] shall be as depicted on the Preliminary Plat, prepared by
Land Vision, Inc., and dated November 10, 2003, with a final revision date
of February 12,, 2004.
3. Lot Width. The minimum required "lot width" [SR] for a zoning lot shall
be as depicted on the Preliminary Plat, prepared by Land Vision, Inc.. and
dated November 10, 2003, with a final revision date of February 12, 2004.
4. Setbacks - Generally. In this PSFRI zoning district, "setbacks" [SR]
shall be subject to the provisions of the Elgin Zoning Ordinance, Section
19.12,400, Setbacks - Clarifications and Exceptions.
5. Setbacks by Lot Line. In this PSFRI zoning district, the minimum
required "building" [SR] "setbacks" [SR] for a zoning lot shall be as
follows:
a. Russell Road. Where a zoning lot has frontage on Russell Road,
the minimum required setback for a building from a street lot line
shall be one hundred (100) linear feet with the following
exceptions:
Lot 316 is permitted a 15 foot building setback for the existing
dwelling. This lot shall be developed in full conformance with the
setback regulations of this ordinance if the lot is redeveloped at any
point in the future.
Lots 320 and 321 shall be subject to a 50 foot building setback
from the Russell Road right of way line.
b. Local Street Setback. Where a zoning lot has frontage on a local
street, the minimum required setback for a building from a street
lot line shall be thirty-five (35) linear feet.
c. Side Setback. The minimum required building setback from a
"side lot line" [SR] shall be ten (10) linear feet. The combined
width of the side setbacks from the side lot lines shall not be less
than twenty (20) linear feet.
d. Interior Setback. The minimum required building setback from
an "interior lot line" [SR] shall be ten (10) linear feet.
e. Rear Setback. The minimum required building setback from a
"rear lot line" [SR] other than the Russell Road right of way lime
shall be fifty (50) linear feet.
6. Accessory Structures and Buildings. In this PSFRI zoning district,
"accessory structures and buildings" [SR] shall be subject to the provisions
of Section 19.12.500, Accessory Structures and Buildings, of the Elgin
Zoning Ordinance.
7. Yards. In this PSFRI zoning district, a "street yard" [SR.], a "side yard"
[SR], or a "rear yard" [SR] established by a required building setback or by
the actual location of a building shall be subject to the provisions of
Section 19,12.600, Obstructions in Yards, of the Elgin Zoning Ordinance.
S. Residential Floor Area. In this PSFRI zoning district, the maximum
"residential floor area" [SR] for a single family zoning lot shall equal the
"zoning lot area" [SR] times 0.40 (40%).
9. Building Coverage. In this PSFRI zoning district, the maximum
"building coverage" [SRj for a single family zoning lot shall equal the
"zoning lot area" [SR] tinges 0.35 (35%).
10. Accessory Building Coverage. In this PSFRI zoning district, the
maximum "accessory building coverage" [SR] for a single family zoning
Iot shall equal the "zoning lot area" [SR] times 0.10 (10%),
11. Vehicle Use Area. In this PSFRI zoning district, the maximum "vehicle
use area" [SR] for a single family zoning lot shall be one thousand eight
hundred (1,800) square feet.
12. Landscaping. In this PSFRI zoning district, each zoning lot shall be
developed in substantial conformance to the Landscape Plan, prepared by
Gary R. Weber Associates, Inc., and dated November 13, 2003, with a
final revision date of February 16, 2004.
13. Supplementary Regulations. In this PSFRI zoning district, the use and
development of hand and structures shall also be subject to the following
conditions:
a. Substantial conformance to the Preliminary Plat, prepared by Land
Vision, Inc., and dated November 10, 2003, with a final revision
date of February 12, 2004.
b. Substantial conformance to the Preliminary Grading and Drainage
Plans, encompassing the Preliminary Sanitary & Water Main Plan,
prepared by Jacob & Heffner Associates, Inc., and dated
February 13, 2003.
C. Substantial conformance to the Preliminary Landscape Phan,
prepared by Gary R. Weber Associates, Inc., and dated
November 13, 2002, with revision dates of June 3, 2003,
November 10, 2003, and February 12, 2004.
d. Substantial conformance to the Declaration of Covenants and
Restrictions, to be recorded for the subject property, prepared by
Richard M. Guerard.
H. Architectural Design. In this PSFRI zoning district, the use and design of land
and structures shall be subject to conformance to the architectural standard
identified within the Declaration of Covenants and Restrictions, to be recorded for
the subject property, prepared by Richard M. Guerard. Additionally, all dwellings
shall conform with the garage design guidelines contained within the Far West
Area Development and Design Guidelines.
P, Off -,Street Parking. In this PSFRI zoning district, off street parkissg shall be
subject to the provisions of Chapter 19.45, Off -Street Panting, of the Elgin
Municipal Code, 1976, as amended.
J. Off -Street Loading. In this PSFRI zoning district, off street loading shall be
subject to the provisions of Chapter 19.47, Off -Street Loading, of the Elgin
Municipal Code, 1976, as amended.
K. Signs. In this PSFRI zoning district, signs shall be subject to the provisions of
Chapter 19.50. Signs, of the Elgin Municipal Code, 1976, as amended.
L. Amendments. In this PSFRI zoning district, application for text and map
amendments shall be subject to the provisions of Chapter 19.55, Amendments. A
text and map amendment may be requested by an individual lot or property owner
for a zoning lot without necessitating that all other property owners in this PSFRI
zoning district authorize such an application.
M. Planned Developments. In this PSFRI zoning district, application for a planned
development shall be subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Municipal Code, 1976, as amended. A conditional
use for a planned development may be requested by an individual lot or property
owner for a zoning lot without requiring an amendment to this PSFR2 zoning
district and without necessitating that all other property owners in this PSFR1
zoning district authorize such an application.
N. Conditional Uses. In this PSFRI zoning district, application for conditional uses
shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin
Municipal Code, 1976, as amended. A conditional use may be requested by an
individual lot or property owner for a zoning lot without requiring an amendment
to this PSFRI zoning district and without necessitating that all other property
owners in this PSFR2 zoning district authorize such an application.
0. Variations. Any of the requirements of this ordinance may be varied by petition
of a tot or property owner subject to this Ordinance, however, such variation is
subject to the provisions of Section 19.70, Variations, of the Elgin Municipal
Code, as may be amended. A variation may be requested by an individual
property owner for a zoning lot without requiring an amendment to this PSFRI
zoning district and without necessitating that all other property owners in this
PSFRI zoning district authorize such an application.
P. Subdivisions — Generally. The subdivision of the subject property and
development thereof shall comply with the subdivision regulations of the city, as
amended, and the Plat Act of the State of Illinois. Prior to building permit
issuance, for each building or structure proposed to be built within the planned
development, a soils suitability and bearing capacity test shall be performed as
required by the City Engineer and the Development Administrator.
Q. Buildings — Required improvements. hn addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the following
building improvements shall also be required:
1. All sanitary sewers shall be overhead sewers.
2. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Administrator.
R. 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, 1976, as amended.
Section 3. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
Ed Schock, Mayor
Presented: February 25, 2004
Adopted:
Vote: Yeas Nays
Recorded:
Attest:
Bolotnla Mecwn, City Clerk
Ordinance No. G 14-04
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
(Tall Oaks Subdivision - 101 Russell Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory in the PSFR2
Plamled Single Family Residence District; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted a public hearing concerning said application and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Chapter 19.07, Section 19.07,600 entitled "Zoning District Map" of the
Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding
thereto the following paragraph:
"The boundaries herein before laid out in the `Zoning District Map', as
amended, be and are hereby altered by including in the PSFR2 Planned Single
Family Residence District, the following described property:
LEGAL DESCRIPTION TO BE INSERTED PRIOR TO ADOPTION OF
ORDINANCE
Section 2. That the development of this PSFR2 Planned Single Family Residence District
as described in Section 1 shall be developed subject to the following provisions:
A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to
provide a planned urban residential environment of standardized moderate density
for single family detached dwellings, subject to the provisions of Chapter 19.60
Planned Developments of the Elgin Municipal Code, 1976, as amended. The
PSFR2 District is most similar to, but departs from the standard requirements of
the SFR2 Single Family Residential 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, 1976, as amended. The exclusion of such symbol
shall not exempt such word or phrase from the applicable supplementary
regulation.
C. General Provisions. In this PSFR2 zoning 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, 1976, as amended.
D. Zoning Districts -Generally. In this PSFR2 zoning 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, 1976, as amended.
E. Location and Size of District. This PSFR2 zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PSFR2 zoning district exclusive of rights -of -
way, but including adjoining land or land directly opposite a right-of-way, shalt
not be less than two acres.
F. Land Use. In this PSFR2 zoning district, the use of land and structures shall be
subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal
Code, 1976, as amended. The following enumerated `land uses" [SR] shall be the
only land uses allowed as a "permitted use" [SRI in this PSFR2 District:
Residence Division.
1. "Single family detached dwellings" [SR] (UNCL).
2. "Residential garage sales" [SR] (UNCL).
3. "Residential occupations" [SR] (UNCL).
4. "Residential outdoor storage of firewood" [SR] (UNCL).
5. "Residential parking areas" [SR] (UNCL).
Finance, Insurance, and Real Estate Division.
6. "Development sales office" [SR] (UNCL).
Services Division.
7. "Family residential care facility" [SR] (8361).
8. "Iome child day care services" [SR) (8351).
Construction Division.
9. "Contractors office and equipment areas" [SRI (UNCL).
Transportation, Communication, and Utilities Division.
10. "Radio and television antennas" [SR] (UNCL).
11. "Satellite dish antennas" [SR] (UNCL).
12. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
13. "Fences and walls" [SR] (UNCL).
14. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs,
of the Elgin Zoning Ordinance.
15. "Temporary uses" [SR] (UNCL).
16. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this
PSFR2 Planned Single Family Residence District, subject to the
provisions of Section 19.12.500, Accessory Structures and Buildings, of
the Elgin Zoning Ordinance.
17. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this
PSFR2 Planned Single Family Residence District, subject to the
Provisions of Section 19.20.400, Component Land Uses, of the Elgin
Zoning Ordinance.
In this PSFR2 zoning district, the use of land and structures shall be subject to the
provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as
amended. The following enumerated "land
allowed as a "condition uses" [SR] shall be the only land uses
al use" [SR] in this PSFR2 zoning district:
Residences Division.
1 • "Conditional residential occupations" [SR] (UNCL). Municipal Services Division. [
2• "Municipal facilities" [SR] (UNCL) on a zoning tot containing Less than
two acres of land.
Transportation, Communication, and Utilities Division.
3 "Amateur radio antennas" [SR] (UNCL).
4. "Commercial antennas and antenna structures mounted on existing
structures"[SR] (UNCL).
5. "Commercial antenna tower" [SR] (UNTCL).
6. "Other radio and televisi
7."Oon antennas" [SR] (UNCL).
ther satellite dish antennas" [SRj (UNCL)
8• "Pipelines, except natural gas" (461).
9• "Railroad tracks" (401).
10. "Treatment, transmission and distribution facilities: equipment, equipment
buildings, towers, exchanges, substations, regulators" [SR] (UNCL).
Miscellaneous Uses Division.
11. "Planned developments" [SR] (UNCL) on a zoning lot containing less
than two acres of Land, subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Zoning Ordinance.
12• "Accessory structures" [SR] (UNCL) to the conditional uses allowed in
this PSFR2 Planned Single Family Residence District, subject to the
provisions of Chapter 19.12.5001 Accessory structures and Buildings.
13. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this
PSFR2 Single Family Residence District, subj
Section 19.10. 400, Component Land Uses.ect to the provisions of
G. Site Design. In this PSFR2 zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance. In this PSFR2 zoning district, the site design regulations
shall be as follows:
1. Zoning Lots - Generally. In this PSFR2 zoning district, "zoning lots"
[SR] shall be subject to the In
of Section 19.12.300Zoning Lots -
Clarifications and Exceptions, of the Elgin Zoning Ordinance.
6.
a
91
9
10
2' Lot Area. In this PSF
lot area" [SR] shall be 0, zoning d strict, the minima
required lot area 10,000 square feetper dwelling unitrn . required zoning
"through lots" S for zoning lot shall be 12,000 minimmm
3. Lot Width. The R] and for all "corner lots" [SR], square feet for all
be seventy- minimum required "lot width" [SR] for a zoninn
y five (75) linear feet. Tie minimum re
for a zoning lot shall be €lot shall
I Setbacks - ninety (90) linear feet for = required "lot width" [SR]
shall be subjectne ally In this PSFR2 O01ner lots" [SRI.
tile provisions of the zoning district, "setbacks" [SR]
19.12.400, Setbacks - Clarifications and Elgin Ronan
5• Setbacks bg Ordinance, Section
Y Lot Line. In this PSFR2cCePtions.
"building [ ] "setbacks zon,, g distr, ct, the min mum
required
follows: b' SR SR for
[ ] a Zoninglot shall be as
a. Arterial Street Buffer- yard
buffer yard with frontage Setback Where a zoning lot adjoins a
setback for a building c 017 US Route 20, the minimum re feet. g from the buffer yard shall be lift required
b. Boulevard Collector Y (50} linear
along Street Setback. Where a zoning
o an east/west boulevard collector street adjoins a bumlocated
the minimum required setback fora building from the buffer
lot line shall be ten ( ) Yard,
C. Local Street 10 linear feet. r Yard Setback. Where
st�'eet, the minanum required a zoning lot has frontag'
lot line shall be q setback for a be O1n a local
d. twent5�-fVc 25 building from a street
Interior Setback. The ( ) smear feet.
"interior lot line" minimum required building [SR] shall be ten (10) linear feet setback from an
e Rear Setback The minimum re uired
rear lot line" [SR] shall be. q building
Accessory y (30 setback a
3 Structures thirty- )linear feet. from
"accessory strictures and and
buildings,,Buldings. In this PSF 2
of Section[SR[ shall be sub' Zoning district,
19.12.500, Accessory Structures and sect to the Zoning Ordinance. provisions
Buildings, of the Elgin
Yards, In this PSFR2 Ron
[SR], or a "reary�.d�, mg district a "sheet yard,.
the actual location of [SR]
] established by a rebuild.[SR], a "side yard"
Section 19.12.600 build in, required ng setback or by
Obshuctions in shall be subject to the provisions of
Residential Floor . yard of the El r'
,residential floor Area hn this PSFR2 gm Zoning Ordin avice.
area" [SR] fora single fanil�g district, the maximum
zoning lot area" [SR] tunes 0.40 3 zoning
Building(40%). lot shall equal the
C,overage. In this PSFR2 zonin
"building coverage" [SR] for a sing "zoning lot area„ g district, the maximum
[SR] times 0.35 % fanuly zoning lot shall equal the
Accessory Building �35�°).
maxunum b Coverage. In this PS
FR2 zoning
lot shall e uccessory build ng coverage" [SR) fora sin a district, the
q a1 the zoning lot area" SR] times 0.10 (10ong e famil Zoning
[ 1 Y zoning
11. Vehicle Use Area. In this PSFR2 zoning district, the maximum 'vehicle
use area" [SR] for a single family zoning lot shall be one thousand four
hundred (1,400) square feet.
12. Landscaping. In this PSFR2 zoning district, each zoning lot shall be
developed in substantial conformance to the landscape plans prepared by
Gary R. Weber Associates, Inc., with a final revision date of February 12,
2004.
13. Supplementary Regulations. In this PSFR2 zoning district, the use and
development of land and structures shall also be subject to the following
conditions:
a. Substantial conformance to the Preliminary Plat, prepared by Land
Vision, Inc., and dated November 10, 2003, with a final revision
date of February 12, 2004.
b. Substantial conformance to the Preliminary Grading and Drainage
Plans, encompassing the Preliminary Sanitary & Water Main Plan,
prepared by ;Jacob & Heffner Associates, Inc., and dated
February 13, 2003.
C. Substantial conformance to the Preliminary Landscape Plan,
prepared by Gary R. Weber Associates, Inc., and dated
November 13, 2002, with revision dates of June 3, 2003,
November 10, 2003, and February 12, 2004.
d. Substantial conformance to the Declaration of Covenants and
Restrictions, to be recorded for the subject property, prepared by
Richard M. Guerard.
FI. Architectural Design. In this PSFR2 zoning district, the use and design of land
and structures shall be subject to conformance to the architectural standard
identified within the Declaration of Covenants and Restrictions, to be recorded for
the subject property, prepared by Richard M. Guerard. Additionally, all dwellings
shall conform with the garage design guidelines contained within the Far West
Area Development and Design Guidelines.
1. Off -Street Parking. In this PSFR2 zoning district, off street parking shall be
subject to the provisions of Chapter 19.45, Off -Street Parking, of the Elgin
Municipal Code, 1976, as amended.
J. Off -Street Loading. In this PSFR2 zoning district, off street loading shall be
subieet to the provisions of Chapter 19.47, Off -Street Loading, of the Elgin
Municipal Code, 1976, as amended.
K. Signs. In this PSFR2 zoning district, signs shall be subject to the provisions of
Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended. The
development sign shall be developed in conformance with the Landscape Plans,
prepared by Gary R. Weber Associates, Inc., with a final revision date of February
12, 2004.
L. Amendments. In this PSFR2 zoning district, application for text and map
amendments shall be subject to the provisions of Chapter 19.55, Amendments. A
text and map amendment may be requested by an individual lot or property owner
for a zoning lot without necessitating that all other property owners in this PSFR2
zoning district authorize such an application.
M. Planned Developments. In this PSFR2 zoning district, application for a planned
development shall be subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Municipal Code, 1976, as amended. A conditional
use for a planned development may be requested by an individual lot or property
owner for a zoning lot without requiring an amendment to this PSFR2 zoning
district and without necessitating that all other property owners in this PSFR2
zoning district authorize such an application.
N. Conditional Uses. In this PSFR2 zoning district, application for conditional uses
shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin
Municipal Code, 1976, as amended. A conditional use may be requested by an
individual lot or property owner for a zoning lot without requiring an amendment
to this PSFR2 zoning district and without necessitating that all other property
owners in this PSFR2 zoning district authorize such an application.
®. Variations. Any of the requirements of this ordinance may be varied by petition
of a lot or property owner subject to this Ordinance, however, such variation is
subject to the provisions of Section 19.70, Variations, of the Elgin Municipal
Code, as may be amended. A variation may be requested by an individual
property owner for a zoning lot without requiring an amendment to this PSFR2
zoning district and without necessitating that all other property owners in this
PSFR2 zoning district authorize such an application.
P. Subdivisions — Generally. The subdivision of the subject property and
development thereof shall comply with the subdivision regulations of the city, as
amended, and the Plat Act of the State of Illinois. Prior to building permit
issuance, for each building or structure proposed to be built within the planned
development, a soils suitability and bearing capacity test shall be performed as
required by the City Engineer and the Development Administrator.
(�. Buildings — Required Improvements. In addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the following
building improvements shall also be required:
I. All sanitary sewer shall be overhead sewers.
2. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the stone sewer as required by the City
Engineer and the Development Administrator,
R. 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, 1976, as amended.
Section 3. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
Ed Schock, Mayor
Presented: February 25, 2004
Adopted:
Vote: Yeas Nays
Recorded:
Attest:
Dolonna Mecum, City Cleric
Ordinance No. G 15-04
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PCF PLANNED COMMUNITY FACILITY DISTRICT
(Tall Oaks Subdivision —101 Russell Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory to a PCF Plowed
Community Facility District; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted public hearings concerning said application and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the
Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding
thereto the following paragraph:
"The boundaries herein before laid out in the `Zoning District Map', as
amended, be and are hereby altered by including in the PCF Planned Community
Facility District, the following described property:
LEGAL DESCRIPTION TO BE INSERTED PRIOR TO ADOPTION OF
ORDINANCE
Section 2. That the City Council of the City of Elgin hereby grants the PCF Planned
Community Facility District which shall be designed, developed, and operated subject to the
following provisions:
A. Purpose and Intent. The purpose and intent of this PCF zoning district is to
provide a planned environment for various types of community facilities, subject
to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal
Code, 1976, as amended. In general, community facilities provide governmental,
recreational, educational, health, social, religious, and transportation services to
the community on a for profit or a not for profit basis. The PCF District is most
similar to, but departs from the standard requirements of the CF Community
Facility 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, 1976, as amended. The exclusion of such symbol
shall not exempt such word or phrase from the applicable supplementary
regulation.
C. General Provisions. In this PCF zoning 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, 1976, as amended.
D. Zoning Districts - Generally. In this PCF zoning 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, 1976, as amended.
E. Location and Size of District. This PCF zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PCP zoning district exclusive of rights -of -way,
but including adjoining land or land directly opposite a right of way shall not be
less than two acres.
L. Land Use. In this PCF zoning district, the use of land and structures shall be
subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal
Code, 1976, as amended. The following enumerated "land uses" [SR] shall be the
only Land uses allowed as a "permitted use" [SR] in this PCF zoning district:
Municipal Services Division.
1. "Municipal Facilities" [SR] (UNCL).
2. "Public parks, recreation, and open space" [SR] (UNCL).
Public Administration Division.
3. Justice, public order, and safety.
Services Division.
4, Public Libraries (823).
Construction Division.
5. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication, and Utilities Division.
6. Radio and television antennas" [SR] (UNCL).
7. "Satellite dish antennas" [SR] (UNCL).
8. -Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
9. "Fences and walls" [SR] (UNCL).
10. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs.
11. "Temporary uses" [SR] (UNCL).
12. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use
allowed in the zoning district, subject to the provisions of Chapter 19.47,
Off-street Parking.
13. "Accessory structures" [SR] (U'NCL) to the permitted uses allowed in this
PCF Planned Community Facility District, subject to the provisions of
Section 19.12.500, Accessory Structures and Buildings.
14. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF
Planned Community Facility District, subject to the provisions of Section
19,20.400, Component Land Uses.
In this PCF zoning district, the use of land and structures shall be subject to the
provisions of Chapter 1910, Land Use of the Elgin Municipal Code, 1976, as
amended. The following enumerated "land uses" [SR] shall be the only land uses
allowed as a "conditional use" [SR] in this PCF zoning district:
Transportation, Communication, and Utilities Division.
1. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
2. "Commercial antenna tower" [SRI (UNCL).
3. "Other radio and television antennas" [SR] (UNCL).
4. "Other satellite dish antennas" [SRI (UNCL.).
5. "Pipelines, except natural gas" (461).
6. "Railroad tacks" (401).
7. "Treatment, transmission and distribution facilities: equipment, equipment
buildings, towers, exchanges, substations, regulators" [SR] (UNCL).
Miscellaneous Uses Division.
8. "Planned developments" [SR] (UNCL) on a zoning lot containing less
than two acres of land, subject to the provisions of Chapter 19.60, Planned
Developments.
9. "Accessory structures" [SR) (UNCL,) to the conditional uses allowed in
this PCF Planned Community Facility District, subject to the provisions of
Chapter 19.12.500, Accessory structures and. Buildings.
10. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this
PCF Community Facility District, subject to the provisions of Section
19,10, 400, Component Land Uses.
G. Site Design. In this PCF zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.1.2, Site Design, of the
Elgin Zoning Ordinance. In this PCF zoning district, the use and development of
land and structures shall be subject to the provisions of Chapter 19.30.135, Site
Design (CF Community Facility District), of the Elgin Zoning Ordinance. In this
PCF zoning district, the use and development of Land and structures shall also be
subject to the following conditions:
1. Substantial conformance to the Preliminary Plat, prepared by Land Vision,
Inc., and dated November 10, 2003, with a final revision date of
February 12, 2004,
2. Substantial conformance to the Preliminary Grading and Drainage Plans,
encompassing the Preliminary Sanitary & Water Main Plan, prepared by
Jacob & Heffner Associates, Inc., and dated February 13, 2003.
3. Substantial conformance to the Preliminary Landscape Plan, prepared by
Gary R. Weber Associates, Inc., and dated November 13, 2002, with
revision dates of June 3, 2003, November 10, 2003, and February 12,
2004.
H. Off-street Parking. In this PCF zoning district, off street parking shall be subject
to the provisions of Chapter 19.45, Off -Street Parking, of the Elgin Municipal
Code, 1976, as amended.
I. Off-street Loading. In this PCF zoning district, off-street loading shall be
subject to the provisions of Chapter 19.47, Off -Street Loading, of the Elgin
Municipal Code, 1976, as amended.
J. Signs. In this PCF zoning district, signs shall be subject to the provisions of
Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended.
K. Amendments. In this PCF zoning district, application for text and map
amendments shall be subject to the provisions of Chapter 19.55, Amendments. A
text amendment and map amendment may be requested by an individual lot or
property owner for a zoning lot without necessitating that all other properly
owners in this PCF zoning district authorize such an application.
L. Planned Developments. In this PCF zoning 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, 1976, as amended. A
conditional use for a planned development may be requested by an individual lot
or property owner for a zoning lot without requiring an amendment to this PCF
zoning district and without necessitating that all other property owners in this PCF
zoning district authorize such an application.
M. Conditional Uses. In this PCF zoning district, application for conditional uses
shall be subject to the provisions of Chapter 19.65 Conditional Uses, of the Elgin
Municipal Code, 1976, as amended. A conditional use may be requested by an
individual lot or property owner for a zoning lot without requiring an amendment
to this PCF zoning district and without necessitating that all other property owners
in this PCF zoning district authorize such an application.
N. Variations. In this PCP zoning district, application for variation shall be subject
to the provisions of Chapter 19.70, Variations, of the Elgin Municipal Code, 1976,
as amended. Any of the requirements of this ordinance may be varied by petition
of a lot or property owner for a zoning lot without requiring an amendment to this
PCF zoning district and without necessitating that all other property owners in this
PCF zoning district authorize such an application.
O. Subdivisions — Generally. The subdivision of the subject property and
development thereof shall comply with the subdivision regulations of the city, as
amended, and the Plat Act of the State of Illinois. Prior to building permit
issuance, for each building or structure proposed to be built within the planned
development, a soils suitability and bearing capacity test shall be performed as
required by the City Engineer and the Development Administrator.
P. Buildings — Required Improvements. In addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the following
building improvements shall also be required:
1. All sanitary sewer shall be overhead sewers.
2. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Administrator.
Q. 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, 1976, as amended.
Section 3. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
Ed Schock, Mayor
Presented: February 25, 2004
Passed:
Vote: Yeas: Nays:
Recorded:
Attest:
Dolonna Mecum, City Clerk
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16
Introductlop.
The subject property consists of 196 acres and is typical of Dane County topography fairly flat, but does include
a significant: oak grove at the southern portion of the property. This is adjacent to Montague Forest subdivision
which is a Dane County subdivision.
Wyndham Deerpoint Homes intends to meet or exceed the goals established in the far west area plan. We look
forward to working with the city staff to add Tall Oaks as another quality subdivision to the City of Elgin.
11
I t
"fall Oaks Location Map
About Wyndham Deewt
Building on Quality and Tradition...
_OiMtE IT'S MORE THAN A PLACE TO STAY. IT'S YOUR OWN SPECIAL
CORNER OF THE WORLD. A COMFORTABLE SPOT WHERE YOU CAN BE YOURSELF AND
SHARE YOUR LIFE WITH THE ONES YOU LOVE, AND, AS THE OLD ADAGE
SAYS; IT'S TRULY WHERE YOUR HEART IS. -
.xc:
VNDHAM DEERPOINT HAS A LONG TRADITION OF CREATING COMMUNITIES
a.r WHERE PEOPLE CAN FEEL AT HOME, OUR HOUSES ARE CRAP'IFD
WITH CARE, CAPTURING THE GRACE AND INTEGRITY OF THE PAST
I AND BLENDING IT WITH THE DISTAILS AND STATE -OF -
CONVENIENCES AND AMENITIES THAT SUIT A
CONTEMPORARY LIFESTYLE.
BUT OUR HOMES DO NOT STAND ALONE. THEY
ARE BUILT IN COMMUNITY SETTINGS TOUCHED BY
NATURAL BEAUTY AND SERENITY, YET CLOSELY CONNECTED TO THE SERVICES THAT
BUSY FAMILIES NEED AT THEIR DOORSTEP: TRANSPORTATION, RECREATION,
SHOPPING AND EXCELLENT SCHOOLS.
OUR HOMES OFFER THE REST OF ALL WORLDS.
-_t
r
QUITE SIMPLY, WE DESIGN PLACES PEOPLE LOVE TO COME IiOiME T0.
Partial List of Wyndhame r i ve n is
The principals of Wyndham Deerpoint axe Richard M. Guerard and Mary E. Krasner. They have been involved
in the development of real estate and the building industry for 20 years. Prior to devoting full time as principals
of Wyndham Deerpoint Homes they were partners in a law firm concentrating in the representation of Land
Development, Builder and Real estate Law. Richard Guerard was formerly President of the DuiPage County Bar
Association. The principals are active members of the Grater Fox Valley Home Builders Association, Illinois
Homebuilders Association, Greater Chicago Home Builders Association, Illinois Homebuaiders Association and
the National Homebuilders Association. Richard Guerard is a past President of the Horne Builders of Greater Fox
Valley, a Director of Northern Illinois Home Builders Association and a Director of the Illinois Home Builders
Association.
The Principals have been developing their own real estate projects and building homes as Wyndham Deerpoint
since 1992. They have built approximately 600 homes in the Western Suburbs of Chicago. Wyndham Deerpoint
has been creating communities where people can feel at home. Our houses are traditional in design, crafted with
care, capturing the grace and integrity of the past and blending it with the details and state-of-the-art conveniences
and amenities that suit a contemporary life-style. During that time, successful projects with which we have been
involved in the land development and building of homes are:
Fox °pJ;A-y CQbie'i`tri Ciub K'sf'aies
vgapie Gfiefs
193 lots in North Aurora.
12lots in Wheaton.
Clair Place
Hawk EolBow
18 lots in Batavia.
22 lots in Bartlett.
Thp Reserve at Royal Fax
Pi rtfMd Estates
37 lots in St. Charles.
136 lots in North Aurora.
Prairie Meadows
159 lots in West Chicago.
Projects in current development include:
Pine Creek
B ackben-y C.ro45i:§.`,+"
233 lots in North Aurora.
260 lots in Montgomery.
`r rcfle{C Estates i'i
Bluffs of Ri"a i5`i(:'. GE"PCn
64lots in North Aurora,
lots in St. Charles.
Banbury Ridge
y226
010odsi e
116 lots and 134 town homes in North Aurora.
20 lots in Wasco.
The Reserve at C'orrersrope Lakes
aoh so€t Woods
57 lots in West Chicago.
78 tots in Batavia.
Pboyar i ox
Wiese Farce
20 town homes in St. Charles.
196 acres in Elgin.
2ve€' Foxe (R;Vers Edge;
i.aFox Property
81 lots in St. Charles.
80 acres in LaFox.
Arbor Ridge
Bardett Points
116 lots in Montgomery.
133 lots in Bartlett.
Wyndham Deerpoint built and delivered 56 homes in 2000
and we are projecting the closing of 60 homesin 2001.
Wyndham Deerpoint is currently building 8 subdivisions in
}
DuPage, Kendall and Kane Counties and has 8 other
projects in future development.
13
Wyndham Deerpoint Pr of Location Map
THE RESERVE AT CORNERSTONE LAKES,
WEST CHICAGO
BLAIR PLACE. BATAVIA
ROYAL FOX. ST. CHARLES
0
THE BLUFFS OF PRAIRIE GREEN, ST. CHARLES
WIESE FARM. ELGIN
HAWK HOLLOW. BARTLETT
LAFOX PROPERTY. LA Fox
Protect Team
Wyndham ®eerpolnt
4OW320 LaFox Road, Suite E
St. Charles, IL 60175
Ph (630) 584-0042
Fax (630) 584-2096
.,..:a.ti Alf i)YLG`:i�4 j!ty,u
Land Vision, Inc.
116 W. Main Street, Suite 208
St. Charles, IL 60174
Ph (630) 584-0591
Fax (630) 584-0592
Jacob's Hefner
739 Roosevelt Rd.
Glen Ellyn, IL 60137
Ph (630) 942-9000
Fax (630) 942-1774
Dra"'1oge ".w4iTSa.CifEants
Huddleston-McBride Land Drainage Co.
9504 Fowler Road
Rochelle, IL 61068
Ph (815) 562-6007
Fax (815) 562-6007
Gary R. Weber and Associates
224 South Main Street
Wheaton, IL 60187
Ph (630) 668.7197
Fax (630) 668.9693
0
i
s
HUDDLESYO9tl MOBRODE CO.
PROFESSIONAL LAND DRAINAGE SERVICES
4te 2p
I
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!Y v
Tali Oaks Site Data
Proposed Zoning
PUD
Traditional Lots
275
(10,000 S.F. minimum)
Estate Lots
61
(15,000 S.F. minimum)
Total Units
336
Total Acres
196.07
Cross Density
1.7 DU/AC
Net Density
2.24 DU/AC
Total Open Space
36.04 AC
tY
2
About `all Oaks
The proposed Tall Oaks
community includes a total
of 336 home sites with
61 15,000 s.f. lots, and 275
/ 10,000 s.f. lots. These lot sizes
will allow for a diversity of
home styles and accommodate
a variety of buyer preferences.
Within the Traditional lots (10,000
s.f. minimum) we have incorporated
/ 3 park sites ranging in size from just
under a half of an acre to over three
and a half acres. One park is centrally
located which is easily accessible by all
residents of Tall Oaks and could
3 — accommodate active ball fields.
All of the parks have incorporated
.'s
some single loaded roads around them.
This makes the parks a feature of the
development and easily accessible. Within the
80-foot east west collector we have provided a
10-foot bike/pedestrian trail for connection to
future developments.
The Tall Oaks community, will have 61 Estate lots a minimum of 15,000 s f. A majority
of these lots fall within the oak grove portion of the property. We have incorporated a
design that includes varying right of way widths to save as many of the oaks a possible.
Most houses in the oak grove will be sited specifically to minimize the impact on the
trees. We have also included a tree inventory in the submittal package for your review
There has been an allowance of a 3-acre site for a public safety building at Russell Road
and the east west collector. We have also provided a location for a water
tower site between lots 64 and 84 in the northwest portion of the property.
Detention facilities have been located and sized per the newly adopted Kane
County Stormwater Ordinance. There are single loaded roads along some of
the detention facilities so that they become a feature of the development and
not buried behind home sites.
The overall layout of the community is based on a modified grid system. This
allows for easy navigation throughout the community.
We believe that the Tall Oaks community will be a shinning example in Elgin's new
west side.
Fay West Planning Area ® Land Use a Thoroughfare Plan
The proposed Tall Oaks community is located in the "low density residential" area on the Far West Planning Area
map. While this designation calls for a maximum net density of 4.0 d.u./acre, the `Pall Oaks net density is approxi-
mately 2.9 d.u./acre.
ME
Estate Residential (0.2 d.u./net acre) Existing Street
Low Density Residential (2.1 — 4 d.u./net acre) Arterial Street
Commerical Major Collector Street
Light Industrial School — Generalized Location
Public/Civic/Cultural 0 Public Safety Bldg — Generalized Location
Open Space/Greenspace Planning Area Boundary
[j Tall Oaks
sPRO�, f k.
DevelopmentReview ec lS -5 Required Submission Documents
Fsr�C;a::�. lam, alu �r �,:irxa:f
Name, address of owner and applicant
Name, address of land surveyor, engineer, architect, planner, and landscape architect, as
applicable, involved in the preparation of the plan
Title block denoting project name; location by section, township and range
A location map showing relationship of tract to existing or planned thoroughfare, transit,
regional trail, and open space systems, on and within 750 feet of the tract
A schedule of required and proposed zoning and subdivision standards including lot area,
width, depth, setbacks, building coverage, floor area; and net density by dwelling unit type
and zoning or lot program category; estimated total population and school age population
(Elem, JH, HS)
North arrow and scale
Size and general location of any existing structures
Proposed streets, tots, parks, and pedestrian/bicycle circulation routes
Location and dimensions of any existing or proposed streets
• Copy of any existing covenants or deed restrictions
• Any existing or proposed easements or land reserved for or dedicated to public use
Setting — Envjlronrnent—,7?" Infof`ielpzd"O8y
All existing streets, water courses, flood plains, wetlands, and other environmentally sensitive
areas on and urithin 350 feet of the tract
• Existing rights of way and easements on and within 350 feet of the tract
• Topographic features, drainage basin, drainage divides and drainage patterns on and within
350 feet of the tract
• Limits, nature, and extent of wooded areas and other indigenous vegetative areas, specimen
trees, and other physical features on and within 350 feet of the tract
• Habitat areas for indigenous wildlife species on and within 350 feet from the tract
tImpr;'94feni"tt`dnts and iL.o3SatEucflon I,nfof`E'I'rasdon
Elevation drawings, exterior building materials, building coverage and floor area, and floor
plans of proposed dwelling units and other structures
The acceptance of the Master Concept Plan by the Community Development Group, and subsequently by the
Planning and Development Commission and the City Council, does not imply the final approval of or the
adequacy of the contemplated infrastructure (streets, utilities, stormwater management) without modification.
y
New development in the Far West Planning Area is expected to demonstrate the use of innovative site planning,
quality architecture and building construction, and land design techniques of a caliber not commonly used
in the Elgin area. New development should be of such quality as to set new standards of excellence for
subsequent developments.
This vision includes:
The interconnection, conservation and management of natural areas to promote biodiver-
sity, allow storm water best management practices, expand recreation opportunities, and
provide a better quality of life.
Creating walkable neighborhoods which include quality, move -up housing and neighbor-
hood parks, interconnected via greenways, trails, and the street system.
providing a hierarchical system of streets to effectively and efficiently move traffic; intercon-
nected to distribute traffic.
providing commercial and employment centers that are connected with adjoining neighbor-
hoods, include quality architecture and design, and accommodate pedestrian movement.
Purpose
i
Development review covers many facets, including the conservation and management of open space, park and
recreation planning, land use and building arrangement, quality of construction and design, traffic circulation,
and landscaping. It is a process which requires respect, communication, cooperation and participation by both
the community and the developer; and coordination between other agencies and jurisdictions. This checklist is
intended to be used by the developer when formulating plans and by the community when reviewing plans. Its
purpose is to improve the quality of the development plans submitted and approved.
Development Name: T"Ikll Cyr is
Developer: `.F,%e'ndlt :m
® Aerial photograph of the development site and surrounding properties.
® Accurate survey including:
— Scale, North arrow, benchmark, and date.
Tract boundary lines.
Easements: location, width, and purpose.
- Names and locations of road R.O. W, on or adjacent the tract, Including location and size of
bridges and culverts.
- Position of existing buildings and other structures such as foundations, walls, fences, and
paved areas.
- Utilities on or adjacent the tract.
- Location of streams, floodplains, wetlands, springs, seeps, other bodies and other physical
features.
Outline of wooded areas and location of individual specimen trees, including name, size
and condition.
- Contour intervals and spot elevations at breaks in grade, along drainage ways and at other
selected points as needed.
. ➢E�.'E.F"QfA2H33etP`e A.naPPyssYs
® Slope: Topographic study: identification of areas with slopes exceeding
20 % orientation of slopes relative to proposed infrastructure and land use?
Ye Z
There are no slopes greater than 20% on the site. The site plan takes into consideration
the existing site topography,
® Soil Conditions: Soil analysis, erosion potential, compressibility and plasticity,
capability of supporting plant growth, drainage capability, potential sources
of contamination or pollution, capability of supporting proposed land uses and
infrastructure?
(E)No
This Wiese property can support the proposed land uses and its infrastructure that are
proposed.
7
® Vegetation: Existence of indigenous species; type, size and condition; succession of growth towards
climax condition, uniqueness, tolerance of construction activities, aesthetic value, density of
undergrowth?
(D No
There is an oak grove complex at the southern edge of the property which continues into
Montague Forest Subdivision. We have hired Pugsley & LaHaie to execute a tree inventory
and we will supply the staff a copy once completed. The remainder of the site is in row crops,
Existing natured areas such as the oak grove will be preserved and/or enhanced to the best of
our ability.
® Wildlife: Consideration of indigenous species including their movement
patterns, tolerance of change, migratory stops, feeding and breeding area?
Yes No
A specific study has not been completed at this tinge.
® Geology: Consideration of underlying rock masses and geologic formations
with respect to proposed infrastructure and land use?
Yes No
The developer has completed onsite soil testing and soil study.
Surface & Subsurface Water: Consideration of natural drainage patterns, streams, floodplams, lakes,
ponds, wetlands, springs, seeps, aquifer recharge, erosion potential, normal and high water tables?
Yes No
Existing on -site and off -site drainage patterns have been studied. A sub -surface d)ain file
investigation has been completed and will be provided as part of the submittal.
Does the development plan acknowledge and facilitate the existing and planned arterial/major street
system?
Yes No
The Tall Oaks subdivision has a proposed 80' R,O. W collector road that will start frorra Russell
Road on the west and extend to the eastern edge of the property. The property to the east will
continue the 80' coIIector road to Nesler Road.
8
® Are access points to the arterial/major collector street system limited to four street intersections
per mile, and are adjoining residential land uses buffered with 100-Foot building 50-foot landscape
setbacks?
Yes No
Yes, please see concept plan.
Is the local street system interconnected, and the use of cul-de-sacs limited to situations where there
is no other practical alternative?
(YD No
The street system bas been designed as a modzfied grid system.
Is access to existing county subdivisions limited to discourage through traffic, but still provide
enhanced access for emergency vehicles and other public services?
Yes No
We bave connected to the one road stub, from Montague Forest Subdivision.
*,4stud Use
Are the proposed land uses consistent with adopted Land Use Plan?
(YD No
The pa-oposed land use is single family residentia110,000 & 15,000 Sq. Ft. tots.
Std divisio -s ;:and Planned f t,t aclojpi eni I ec Fgca
® Are walkable neighborhoods (approximately 40 — 200 acres in size) created with edges defined by
natural or created park and open spaces, and the thoroughfare system?
Yes No
The proposed Tall Oaks subdivision incorporates zzeighborhood parks. Access to parks are from
the proposed sideavalk system.
Are natural features incorporated as site amenities, and are scenic views captured or created?
(D No
We are incorporating two large neighborhood parks within the natu9al terrain, as well as trying
to save many oak trees at the southern end of the property.
® Is land reserved for a school site, where applicable?
Yes No
The development does not include a school site.
® Is full service area coverage provided for community and neighborhood parks, and are park sites
appropriately sized and usable for recreation purposes?
(YD No
The park sites are appropriately sized and should be accepted by the park district. They are
centrally located and are within walking distance to the neigbborhoods.
Are street trees located within traditional treebank areas along the local and collector streets?
Yes No
They will be provide per the City of Elgin' Subdivision ordinance.
Are landscape buffers located between neighborhoods and arterial or major collector streets, and
other potentially incompatible land uses?
Yes No
Landscape buffers will be incorporated along Russell Road and US Route 20 as needed, as well
as the east -west collector road.
Are entrances to the development identified with appropriate signage, boulevard entries, monuments
or other design elements, and landscaping?
Yes No
Yes, the Tall Oaks Subdivision will incorporate appropriate and well-appointed signage and
landscaping.
Does the development feature appropriately spaced, pedestrian scale, decorative street lighting?
Yes No
Decorative street lighting will be incorporated into the project.
® 'Does the development include design standards and specifications for street and yard features such as
mail boxes, benches, hedges, walls and fences?
Yes No
Yes these items will be covered in the subdivisions master covenants.
.,� 10
® Does the development include provisions for technology infrastructure?
Yes No
® Are water and sanitary sewer systems sized and designed to accommodate growth and development
beyond the limits of the development?
Yes No
Interceptiosz sewer routes and easement locations will be coordinated with adjacent properties.
® Does the development include a 500-foot low -density buffer adjoining platted or approved county
subdivisions?
Yes No
Proposed Tall Oaks Subdivision is located adjacent to Montague Forest Subdivision (Kane
County subdivision) and will provide the 500 —foot low Density buffer:
® Have architectural plans, building elevations, fapade renderings, photographs, or detailed architectural
guidelines been submitted?
(YD No
We will be providing a set ofT)esign Guidelines.
® Are street facing garages set back behind the front facades of the dwelling, and are side or rear load
garage options offered?
(D No
A variety of garage placements including recessed and side loaded will be offered See attached
Information.
Are 100% of street facing walls and 50% of all other walls clad with wood, brick, stone, or stucco?
Are all aluminum and vinyl siding products premium quality, heavy gauge products?
Yes No
The bonzes have been designed with some natural materials on each fa(ade and high quality
maintenance free materials.
® Do the proposed single-family dwelling units meet community expectations for minimum ($275,000)
and average ($325,000) housing value, and minimum dwelling unit size (1 story/2,000 sq.ft. — 2 story/
2,400 sq.ft.)?
CD No
We believe that we can achieve the city's expectations for cost and square footage.
NO TOWNHOMES ARE PROPOSED
® Have architectural plans, building elevations, faQade renderings, photographs, or detailed architectural
guidelines been submitted?
Yes / No
® Is the perceived mass and scale of multiple family dwellings reduced, and do the buildings
complement existing or planned development on neighboring properties?
Yes/No
® Are the front entrances to individual dwelling units oriented to the street, and garage entrances
located to the side or rear of buildings?
Ices / No
® Are appropriate amenities provided within multiple family neighborhoods to meet the lifestyle
expectations of the future residents?
Yes / No
® Are 100% of street facing walls and 50% of all other walls clad with wood, brick, stone, or stucco?
Are all aluminum and vinyl siding products premium quality, heavy gauge products?
Yes / No
® Do the proposed multiple fanuly dwelling units meet community expectations for minimum
($185,000) and average ($225,000) housing value, and minimum dwelling unit size (1,400 sq.fr.)?
Yes / No
in v v v
t 1 �jv3r„-'� vn°
ND COMMERCIAL OR INDUSTRIAL BUILDINGS ARE PROPOSED.
® Are commercial and industrial buildings designed to a human scale with the use of fenestration, wall
articulation, varying materials, entry definition, varying roof planes and fapade modulation?
Yes / No
® Does the commercial development accommodate pedestrian circulation by locating buildings along
the street or along a street — like drive aisle, providing traditional storefronts, locating parking to the
side or rear of the buildings, and connecting via a local street network with adjacent neighborhoods?
Yes/ No
• Are the buildings constructed of solid, durable materials?
Yes / No
® Is mechanical equipment and other utility hardware appropriately screened?
Yes / No
® Is site lighting controlled to prevent direct light and glare from spilling onto adjoining properties and
the street system?
Yes/No
n €hirksc•if;ivc,%�;aaftuprat ;i;�tta`le6nets;t
NO PUBLIC/CIVIC OR CULTURAL URAL BUILDINGS PROPOSED. BUT WE ARE ALLC rE NG
A 3.0 ACRE PARCEL FOR A FUTURE PUBLFLC SAFETY BUILDING
® Are public, civic and cultural buildings architecturally bold and so located as to become future
landmarks in the development?
Yes /No
Do the public, civic or cultural facilities include appropriately landscaped yard areas, sized to meet the
functional requirements of those facilities?
Yes/No
® Do sites reserved for schools meet the requirements of the applicable school district?
Yes / No
'
Drainage SJ F, F. m s to t 9tY ➢ s "In c y ;4r -Orz
Does the development utilize a "treatment train" approach to best management practices for storm
water control, giving priority to management practices that promote infiltration over practices that
utilize conveyance systems?
Yes No
Best Management Practices have been included in the stormwater management design.
® Does the development meet the maximum 2 dwelling units per net acre standard in areas designated
"Estate Residential"?
Yes No
In sections where we have "Estate Residential" we have achieved the 2 dwelling units per acre.
® Does the development fall within the 2.1 to 4.0 dwelling units per net acre range allowed in areas
designated "Low Density Residential"?
Yes No
In the Lou) Density Residential we have achieved a net density of 3.5 dwelling units per acre.
I
Are no more than 20% of the dwelling units in the development townhomes or attached single-family
dwellings?
Yes / No
® Is the development eligible for a density bonus (15 — 20%) due utilization of conservation/cluster
design techniques and 4 to 6 of the bonus criteria?
Yes No
We are not eligible for density bonuses based on our current plan.
r' � -s-�`" .fir - : M .(,,,
t ^*-., c Cam. ' ` a
11 9 1 -
® Neighboring Municipality
• County Development Department
• County Forest Preserve District
• State/County/Township Highway Department
• Soil and Water Conservation District
• Illinois Department of Natural Resources
• Illinois Environmental Protection Agency
• Illinois Historic Preservation Agency
• Army Corps of Engineers
• Sanitary District
• Fire Protection District
• School District
• Utility providers
iu c tagwm
( 15 e- ram'-•. ��. �c"'<s�..>,�,,.3-"'w'f��x.;:%
Projected Populadopi
Table Of Estimated Ultimate Population Per Dwelling Unit — Children Per Unit
Pre
Elementary
JuniorHgh
High shrol
Acluks
Tr.Aal Per
School
Grades l�5
Grams &8
Gm&s G-8
1^o+Years
D ellirct Unit
0.4 Years
5-10 Years
11-13 Years
11-13 Y�rs
' n
0.292
03G9
0.173
01
1.881
2.899
4e:e
.418
0298
0.36
2.158
3.7eA
155.8 62.7 9G.5�
Total N umter of Elementary-H gh School &u;knts 335
y 16
TALL OAKS ARCHITECTURAL REVIEW COMMITTEE:
ARCHITECTURAL GUIDELINES:
DESIGN AND LANDSCAPE
CONTROL SECTION 1. Creation and Appointment of Architectural Review Committee.
A. There is hereby established a Architectural Review Committee, the members of
which shall initially consist of three (3) persons, as appointed from time to time
by the Developer. The Developer shall retain the exclusive right to appoint,
augment or replace all members of the Architectural Review Committee until
each Dwelling Lot, not including Exempt Lots, have been improved with a
dwelling. "Exempt Lots" are those Dwelling Lots owned and developed by
"Neighborhood Developers", as that term is hereinafter defined. Thereafter,
members of the Architectural Review Committee shall be appointed by the Board
of the Association. Persons appointed to the Architectural Review Committee,
other than those persons appointed by Developer, must be Members or satisfy
such other requirements as may be set forth in the Architectural Guidelines.
B. Any party purchasing twenty-five (25) or more contiguous Dwelling Lots within
the Project shall be deemed a "Neighborhood Developer". A Neighborhood
Developer may have all of its home designs and landscape designs pre -approved
by the Developer, and so long as the Neighborhood Developer shall build the
pre -approved models they shall be free of the policies and procedures of the
Architectural Review Committee, but shall nevertheless be required to comply
with the design and development requirements set forth in this Declaration. The
Neighborhood Developers shall be free to build the pre -approved models on any
Dwelling Lot within the neighborhood purchased by the Neighborhood
Developer, or any other lot ('Exempt Lots") in the Tall Oaks subdivision. All
single family attached housing to be developed in the Tall Oaks Subdivision shall
be preapproved by the Developer and shall not require the approval of the
Architectural Review Committee but shall nevertheless be required to comply
with the design and development requirements set forth in this Declaration.
C. Other than as noted above, the Architectural Review Committee shall have the
duty, responsibility and authority to review and approve all plans for the
construction of any Dwellings and related improvements, including, without
limitation, landscaping, upon any of the Dwelling Lots.
D. The plans and specifications submitted to the Architectural Review Committee
must be adequate to allow the Architectural Review Committee to make a
determination of compliance with the matters set forth in this article, both for site
plans and for plans and specifications for the Dwelling. The plans and
specifications shall include, among other things, a fully developed site plan
showing the footprint of the Dwelling; the elevation, building materials and colors
of all exterior materials; existing topography, proposed topography, any changes
in the natural drainage system, driveways and other similar improvements; and a
full and complete landscaping plan.
SECTION 2. Architectural Guidelines. The following architecture design, building material and
landscaping guidelines (collectively the "Architectural Guidelines") are adopted to insure the
quality and value of the neighborhoods within the Project. The Architectural Guidelines shall be
deemed to be apart of the Association's records. All residential structures on the Property,
including but not limited to those located on Exempt Lots, shall be constructed in compliance
with the Architectural Guidelines. The Architectural Guidelines are as follows:
A. No single story Dwelling will be less than 2000 square feet in floor area,
excluding garages, basements, cellars, attics, walk -outs or other similar spaces.
Cluster Housing and attached housing shall be excluded from this requirement.
B. No free-standing (non-attached) Dwelling having more than one story will be less
than 2400 square feet in floor area, excluding garages, basements, cellars, attics,
walk -outs or other similar spaces. Cluster Housing and attached housing shall be
excluded from this requirement.
C. All roofs shall be pitched, either gable or hip style. The minimum roof pitch shall
be 4/12. Flat roofs are specifically prohibited.
D. 100% of the front elevation and street facing wall surfaces below the eave shall be
constructed with brick, stone, wood, Hardie Board plank, concrete cultured stone
or stucco materials (collectively "Natural Materials"). At last 50% of all other
exterior walls ("Other Walls") shall be covered with Natural Materials, and the
remainder of said other walls may be covered with heavy -gauge vinyl or
aluminum siding. This provision shall not be construed to prohibit light -gage
vinyl clad or aluminum to be used for soffits, facia, second floor peeks, gutters
and downspouts.
E. Light -gauge vinyl siding, light -gauge aluminum siding, masonite, glazed brick,
non overlapping cedar siding, imitation brick, exposed concrete or exposed cinder
block are not permitted to be used as exterior wall siding.
F. Street -facing garages shall comply with the requirements set forth in City of Elgin
Ordinance number Garages should be designed and
oriented to be a secondary element to the more prominent residential faqade, when
viewed from the street. Guidelines:
a. Street -facing Garages:
i. Street -facing garages should be recessed a minimum ten feet behind
the main residential fagade. However, residences with street -facing
garages recessed less than ten feet, but not less than two feet behind
the main residential facade, should be allowed if the residence includes
a front porch or portico: or if the garage includes one or more of the
following features designed to complement the architectural style of
the residence:
1. Individual garage doors accessing each parking bay
2. Gable end of the garage roof line facing the street
3. A roof peak centered over a double wide garage door
4. Proportionately designed dormers
b. Side -entry Garages:
i. Side -entry garages should normally be designed and oriented to
provide access to parking bays via a side or rear entry, with driveway
access not crossing in front of the main entry to the residence. In this
case, at least one-third of the garage width should be located behind
the faced of the residence.
ii. Side -entry garages designed and oriented to require driveway access
crossing in front of the main entry to the residence should be limited to
lots exceeding 20,000 square feet in area, and should be set back a
minimum 40 feet from the street lot line
iii. Side -entry garages should feature gable ends, roof lines, window and
door fenestration, and other architectural elements which match or
complement those same design elements on the residence.
G. No two (2) homes of like exterior design may be constructed on the same side of the
street unless such buildings are separated by two (2) or more buildings or building
sites or combination thereof of completely dissimilar design. Buildings of like
exterior design may not be erected directly across the street from each other. All
buildings shall be considered to be of "like exterior design" unless they have
substantially different floor plans, elevations and are substantially different in exterior
appearance.
H. All gutters will be in neutral colors so as to be inconspicuous.
I. Each house shall have at least a two -car garage.
J. A chimney may be constructed of any of the materials that would have been
permitted on the side or real exterior walls of the structure (as set forth in
subparagraph D above).
K. External television antennas and satellite dishes in excess of three (3) feet in
diameter are prohibited.
L. Overnight parking or storage of trucks, recreational vehicles, boats or trailers
upon the driveways, street or side -yards is prohibited. Storage of trucks,
recreational vehicles, boats and/or trailers must be kept in enclosed attached
garage space.
M. Each Dwelling constructed on a Dwelling Lot shall be fully landscaped (as
hereinafter defined) prior to its initial occupancy (or if weather does not permit,
then a bond or other collateral shall be posted with the Architectural Review
Committee or, at its election, with the City, to ensure the achievementof full
landscaping as soon as weather permits. The minimum landscaping required for a
Dwelling Lot to be considered "Fully Landscaped" shall be:
(i) front and side yards shall be sodded;
(ii) rear yards seeded;
(iii) sufficient foundation plantings to screen the building's foundation.
All plant material shall be appropriate to the climate of the area.
N. With the approval of the Architectural Review Committee, the side yard on one
side of a Dwelling may be reduced to not less than 5 feet so long as (1) the side
yard on the opposite side of the Dwelling (on the same Lot) is at least 15 feet and
(2) on the Lot adjacent to the boundary where there is established a 5 foot side lot
(the "Adjacent lot") the Dwelling constructed thereon is (or can reasonably be
required to be) at least 15 feet from the common Lot line. The Architectural
Review Committee shall have the right to give or withhold its approval of the
reduction of a side yard below the standard 10 feet requirement in its sole and
absolute discretion.
SECTION 3. General Administrative Provisions for Architectural Guidelines.
A. The Architectural Review Committee may assess fees in connection with its
review of plans and specifications. (See Section 6 below),
B. The address of the Architectural Review Committee shall be the address
established for giving notice to the Association, unless otherwise specified in tine
Architectural Guidelines.
C. The Architectural Review Committee, its agents or consultants shall have the
right to inspect the improvements upon giving of reasonable notice to the Owners.
D. The Architectural Review Committee shall approve or disapprove any plans and.
specifications submitted to it in accordance with the Architectural Guidelines
within a reasonable period of time (not to exceed 21 days). If plans are
disapproved, the reasons for such disapproval shall be communicated to the
applicant (See Section 6 below).
SECTION 4. Non -Liability for Approval of Plans. Plans and specifications approved by the
Architectural Review Committee as to style, exterior design, appearance and location, shall not
be construed as approval of the structural integrity, engineering design, or compliance with
zoning and building ordinances. By approving such plans and specifications, neither the
Architectural Review Committee, the members thereof, the Association, the officers of the
Association, any Member, the Board nor the Developer or Owner or any professional consultant
engaged by the ArchitecturalReviewCommittee, assumes any liability or responsibility therefor,
or for any defect in any Structure constructed from such plans and specifications. Neither the
Architectural Review Committee, any member thereof, the Association, the officers of the
Association, any Member, the Board, nor the Developer or Owner shall be liable to any Owner
or other Person for any damage, loss or prejudice suffered or claimed on account of (a) the
approval or disapproval of any plans, drawings and specifications, whether or not defective, (b)
the construction or performance of any work, whether or not pursuant to approved plans,
drawings and specifications, (c) the development, or manner of development of any property
within Tall Oaks, or (d) the execution and filing of an estoppel certificate pursuant to the
Architectural Guidelines, whether or not the facts therein are correct; provided, however, that
such action, with the actual knowledge possessed by such party, was taken in good faith.
Approval of plans and specifications by the Architectural Review Committee is not, and shall not
be deemed to be a representation or warranty that said plans or specifications comply with
applicable governmental ordinances or regulations including but not limited to; zoning
ordinances and building codes.
SECTION 5. Additional Powers of the Board. Until the Developer loses the exclusive right to
appoint the members of the Architectural Review Committee (as provided in Section IA of
Article I above), the Developer shall have the exclusive right and power (the "Amendatory
Power"), in its sole discretion, to supplement, modify or amend the Architectural Guidelines and
other provisions within this Article I. Once the Board takes over from the Developer the right to
appoint the members of the Architectural Review Committee, the Board (and not the ,Developer)
shall have the Amendatory Power described in this Section 5.
SECTION 6. Procedure for Approval of Plans and Specifications. All plans, specifications and
other materials pertinent to any proposed construction shall be submitted in triplicate to the
Architectural Review Committee with the payment of a one-time application fee of $300.00.
(Beginning in 2003, said application fee may, at the discretion of the Architectural Review
Committee, be increased by 5% per year.) A report in writing setting forth the decisions of the
Architectural Review Committee and the reasons therefor shall thereafter be transmitted to the
applicant within twenty-one (21) business days after the date of filing of all required plans,
specifications and other materials by the applicant. Lot owners are encouraged to submit
preliminary sketches for "informal comment" prior to the submission of architectural drawings
and specifications for full review.
SECTION 7. No Construction. No Owner shall commenceany construction on a Dwelling Lot
requiring approval from the Architectural Review Committee without first obtaining such
approval. If any Owner shall violate the provisions in the preceding sentence, the Architectural
Review Committee shall have the right, at its election, to (i) obtain an order of court enjoining
such violation and (it) recover from the Owner the costs and expenses (including reasonable
attorney's fees) incurred by the Architectural Review Committee in such proceeding.
SECTION 8. Assignnability.The functions of the Architectural Review Committee under this
article may be delegated to another qualified person or entity to act as the agent of the
Architectural Review Committee,
SECTION 9. Compliance with Other Laws. Nothing herein shall relieve any Owner of the
obligation to comply with all other applicable laws, codes and ordinances, including, without
limitation, the necessity of obtaining building permits prior to the commencement of
construction.
T:ARMG\talloaks\talloaksdesign2.doe
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LANDVIJW.N
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. . . . . . . . . . . . .
A- 111-1
Wyndham Deerpoint provides front foundation plantings, front yard sod and in most
cases parkway trees to new homeowners. Purchase orders are issued to Great
Impressions for the landscape work mentioned above, sample attached.
Front foundation plantings are referred to as "landscape packages' and new
homeowners can select from two options for each model. The homeowner's selection is
to be communicated to Great Impressions using the attached "homeowner notification"
form.
No additions, deletions, substitutions or other changes can be made to the landscaping
package unless discussed between Wyndham Deerpoint and Great Impressions staff.
The new homeowner is to contract directly with Great Impressions for landscaping needs
beyond those provided by Wyndham Deerpoint and such work is only to be done
following closing. Great Impressions will contact the new homeowner directly regarding
any additional work.
1245 East Diehl Road, Suite 103 - Naperville, IL 60563 - 630.955.9017 ^ 630.955.9026 Fax
r�.i�,o.
Note; Lots may vary. Plants drawn at mature size
E. t j
wa�K
A
5
Redtwig Dogwood
D
7
Sea Green Juniper
C
1
Meadowlark Forsythia
D
10
Goldflarne Spirea
L
I
Dwarf Lilac
F r✓ � 'M b ��``^
k ���+� ��
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�"� ' �'
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> ,..,.:�Riw �., .,,. ..�t,,t e...,,
�� ,� 3� �, '�a�l
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5
�§ L l i :;
tiri !jR `� i� r, It 1
�-
WALK,
.. t
A 5 Peking Cotoneaster
E i Globe Arborvitae
C 3 Purpleleaf Sandcherry
fit g Little Princess Spirea
E 1 Corneliancherry Dogwood
Ip l " e I ��, ` I �i III ' ip `�. Ib • ; �•. f" I l ' ; �% `,
A
3
T'aunt®ni Yew
FB
1
Winged Burning Bush
C
3
Gr®-Low Sumac
D
2
Cheyenne Privet
E
5
G®idffiame Spirea
F
1
iViugh® Pine
Goldflame Spirea
1 ;,�� T:77 V, V
UR
N
ARS? WWI
F.1" IM I4 \` �i '.:. �f i i 1� \_,'lu . \. '1: •j i�3 j 1 l•I , ���
A
6
Globe Arborvitae
E
1
Pnnrpleleaff Plum
C
3
Dwarf Forsythia
D
2
lava Fled Weigela
E
3
Black Chokeberry
F+
5
Fsannt! Dogwood
G
3
FFessei C®to neaster
\: ° y,0 d`
A
&
Forsythia Meadowlark
B
3
Dwarf Lilac
C
3
Tauntoni Yew
D
5
Hessei C®t®neaster
E
3
Peking C®t®neaster
0
0
SC
Forsythia X intermedia
Forsythia Meadowlark
Syringa patula'Miss Kim'
Dwarf Lilac
Taxus X media 'Densiformis'
Tauntoni Yew
C
C
CotoneasterX 'Hesse!'
Hassel Cotoneaster
Cotoneaster lucidus
Peking Cotoeaster
I(D�l".P.-I'�'"Iihll�l
A
6
Peking Cotoneaster
B
3
Globe Arborvitae
C
5
Abbottswood lPotentilla
1D
5
Dwarf Forsythia
E
S
] umilo ]Pine
F
1
Isanti Dogwood
IWFM
# �' 1
WYNDHAM DEER -POINT
FAlRFIELD MODEL AJB
Note: Lots may vary. Plants drawn at mature size
WALK
A 6 Rosy Glow Barberry
B 5 Taunton! Yew
C 2 Holmstrup Arborvitae
D 7 Little Princess Spirea
�� �.,
'��, ! tl
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Off;IFZAI MI a 3205iEel Ili� iR
Mote: Lots may vary. Plants drawn at mature size
r
Red Dogwood
4 6 The FairyRose
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4: ��' �'9%a� �✓ i1 tee.
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F
tDHAM DE ERPOINT
FAIRFIELD MODEL D1EL C
Note: Lots may vary. Plants drawn at mature size
F
FAIRFIELD MODEL O U D. OPTION
A
3
Arro wawood Viburnum
B
6
Rose Glow Barberry
C
5
Globe Arborvitae
D
5
Little Princess SpDirea
E
1
Cornellan Cherry Dogwood
l
3
Peking Cotoneaster
x !S
+3 iat
F
Ty
rN
FA1RFIEL D MODEL C
Note: hots may vary. Plants drawn at mature size
A
3
Java Red Weigela
B
9
Gold Flame 5pirea
C
4
Gro-low Sumac
1D
3
Ang➢ojap Yew
E
1
Mugo Pine
1i
5
Anthony Waterer Spirea
m
LAW
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WYN®HAM DEERPOINT
MADISO 9 MODEL
Note: Lots may vary. Plants drawn at mature size
1VYL-B.NYISO lYll®IldEL—LANDSCAPE OPTION A
A 6 Taunton! Feud
B 2 Bridalwreath Spirea
C 7 Little Princess Spirea
D 1 Java Red Weigela
A
C5
C
A
A
6
Sea Green Juniper
D
2
Compact Burning Bush
C
i
Hessei Cotoneaster
D
1
Dwarf Lilac
P
I
Mugho Pine
F
3
Little Princess Spirea
�s
t ;I
E
F
Note- Lots may vary. Plants drawn at mature size
RICIITMOND MODEL A /1S — LANDSCAPE OPTION A
A
1
Mugho Pine
*
1
Winged Burning mash
C
1
Dwarf Lilac
*
3
Crow -low Sumac
E
3
T'auutoni Yew
F
5
Coldflame Spirea
R
C
I
F
a�"�„`a`wa_�2' umn w s"�i 4Y .d'�K",�."`-:
NDHAM ®EERPOMT
ROGH( ONO MODEL A/ B
,s
la
Notes Lots may vary. Plants drawn at mature size
[3
a
I
Or
I
A 2 Purpleleaff Sandcherry
B 6 Mint Julep Juniper
C 10 Rosy Glow Barberry
J<D 2 Dwarf Lilac
Note: ]Lots may vary. Plants drawn at mature size
W A 6 V.
i.
Sea Green en Juniper
I:
I
Dwarf Lilac
Cotoneaster
D
I
Red Meidland Rose
4
Meadowlark Forsythia
7 � \
WYNDHAM DEERPOINT
CHMOND MODEL C
Note: Lots may vary. Plants drawn at mature size
�Cjop/
A
3
Taunton Yew
D
1
Cornellancinerry Dogwood
C
2
Holmstrup Arborvitae
D
g
Little Princess 5pirea
E
i
Wine and Roses Weigeia
F
2
Redtwig Dogwood
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WYNDAM DEERPOINT
WIESE PARCEL - TREE INVENTORY
5/23101
Num
Size
Botanical Name
Common Name
Quality
1401
24"
Larix decidua
Euro. Larch
Fair
1402
53"
Quercus macrocarpa
Burr Oak
Good
1403
50"
Quercus macrocarpa
Burr Oak
Good
1404
501,
Quercus macrocarpa
Burr Oak
Fair
1405
37"
Juglans nigra
Black Walnut
Good
1406
20"
Juglans nigra
Black Walnut
_�]
Good
1407
34"
Juglans nigra
Black Walnut
Good
1408
64"
Quercus macrocarpa
Burr Oak
Good
1409
101,
Quercus macrocarpa
Burr Oak
Good
1410
34"
Gleditsia
Honeylocust
Good
1411
181,
Gleditsia
Honeylocust
Fair
1412
9/56"
Acer negundo
_
Boxelder
Fair
1413
7/82"
Acer negundo
Boxelder
Fair
1414
13"
Acer negundo
Boxelder
F Fair
1415
12"
Prunus serotina
Black Cherry
I Fair
1416
3/40"
Acer negundo
Boxelder
1417
3/19'
Acer negundo
Boxelder —]EEFair
Poor
1418
8/87"
Acer negundo
Boxelder
Fair
1419
12"
Prunus serotina
Black Cherry
Poor
1420
2/17"
Prunus serotina
Black Cherry
Poor
1421
2/22"
Morus
White Mulberry
Poor
1422
2/20"
Morus
White Mulberry
Poor
1423
2/18"
Acer negundo
Boxelder
Fair
1424
8/92'
Acer negundo
Boxelder
Fair
1425
3/27"
Acer saccharium
Silver Maple
Fair
1426
5/60"
Morus
White MulberryTPoor
1427
4/54"
Acer negundo
Boxelder
1428
2/26"
Acer negundo
Boxelder
1429
1430
1431
2/49"
23"
2/35" '
Acer negundo
Morus
Prunus serotina
Boxelder
White Mulberry
Black Cherry
MFair
1432
2/2 r
Acernegundo
Boxelder
Num Size Botanical Naine
Common Name Quality
1433
6/56"
Prunus serotina
Black Cherry
Poor
1434
2/19"
Prunus serotina
Black Cherry
Poor
1435
2/28"
lAcernegundo
Boxelder
Fair
1436
3/33"
Prunus serotina
Black Cherry
Fair
1437
16"
Acer negundo
Boxelder
Fair
1438
4/60"
Ulmus americana
American Elm
Fair
1439
17"
Populus deltoides
Eastern Cottonwood
Good
1440
30"
Larix decidua
Euro. Larch
Fair
1441
43"
Acer saccharium
Silver Maple
Poor
1442
37"
Fraxinus pennsylvanica
Green Ash
Fair
1443
T 27"
Larix decidua
Euro. Larch
Good
1444
23"
Larix decidua
Euro. Larch
Poor
1445
31"
Larix decidua
Euro. Larch
Good
1446
38"
Acer saccharium
Silver Maple
Poor
1447
47"
Ulmus americana
American Elm
Fair
1448
32"
Fraxinus pennsylvanica
Green Ash
Fair
1449
43"
Acer saccharium
Sugar Maple
Fair
1450
36"
Acer saccharium
Sugar Maple
Fair
1501
52"
Quercus macrocarpa
Burr Oak
Good
1502
18"
Quercus macrocarpa
Burr Oak
Fair
1503
26"
Quercus macrocarpa
Burr Oak
Good
1504
30"
Quercus macrocarpa
Burr Oak
Fair
1505
22"
Quercus macrocarpa
Burr Oak
Fair
1506
36"
Quercus macrocarpa
Burr Oak
Good
1507
46"
Quercus macrocarpa
Burr Oak
Good
1508
26" '
Quercus macrocarpa
Burr Oak
Good
1509
17"
Quercus macrocarpa
Burr Oak
Good
1510
54"
Quercus macrocarpa
Burr Oak
Good
1511
62"
Quercus macrocarpa
Burr Oak
Good
1512
20"
Quercus macrocarpa
Burr Oak
Fair
1513
43"
Quercus macrocarpa
Burr Oak
Good
1514
34"
Quercus macrocarpa
Burr Oak
Good
1515
39"
Quercus macrocarpa
Burr Oak
Fair
1516
26"
Quercus macrocarpa
Burr Oak
Good
1517
2/66"
Quercus macrocarpa
Burr Oak
Good
1518
38"
Quercus macrocarpa
Burr OakI
Good
Fx
a nmar�nnne(
Num Size Botanical Name Common Name Quality
1519
36"
Quercus macrocarpa
Burr Oak
Fair
1520
39"
Quercus macrocarpa
Burr Oak
Good
1521
27"
Quercus macrocarpa
Burr Oak
Good
1522
24"
Quercus macrocarpa
Burr Oak
Good
1523
38"
Quercus macrocarpa
Burr Oak
Poor
1524
13"
Quercus macrocarpa
Burr Oak
Poor
1525
37"
Quercus macrocarpa
Burr Oak
1526
26"
Quercus macrocarpa
Burr Oak
1527
25"
Quercus macrocarpa
Burr Oak
EGood
1528
24"
Quercus macrocarpa
Burr Oak
1529
26"
Quercus macrocarpa
Burr Oak
1530
36"
Quercus macrocarpa
Burr Oak
oo
1531
39"
Quercus macrocarpa
Burr Oak
Good
1532
26"
Quercus macrocarpa
Burr Oak
Good
1533
34"
Quercus macrocarpa
Burr Oak
Fair
1534
42"
Quercus macrocarpa
Burr Oak
Fair
1535
38"
Quercus macrocarpa
Burr Oak
Good
1536
32"
Quercus macrocarpa
Burr Oak
Fair
1537
35"
Quercus macrocarpa
Burr Oak
Good
1538
28"
Quercus macrocarpa
Burr Oak
Good
1539
37"
Quercus macrocarpa
Burr Oak
Good
1540
30"
Quercus macrocarpa
Burr Oak
Fair
1541
17"
Carya ovata
Shagbark Hickory
Good
1542
37"
Quercus macrocarpa
Burr Oak
Good
1543
38"
Quercus macrocarpa
Burr Oak
Good
1544
35"
Quercus alba
White Oak
Good
1545
29"
Quercus macrocarpa
Burr Oak
Good
1546
30"
Quercus macrocarpa
Burr Oak
Poor
547
34"
Quercus macrocarpa
Burr Oak
Good
1548
40"
Quercus macrocarpa
Burr Oak
Good
1549
23"
Carya ovata
Shagbark Hickory
Good
1.550
14"
Carya laciniosa
Shellbark Hickory
Good
1551
12"
Carya laciniosa_
Shellbark Hickory
Good
1552
38"
Quercus macrocarpa
Burr Oak
Good
1553
24"
Quercus macrocarpa
Burr Oak
Good
1554
31"
Quercus macrocarpa
Burr Oak
Good
Num Size Botanical Name Common Name Quality
1555
13"
Quercus macrocarpa
Burr Oak
Good
1556
41"
Quercus macrocarpa
Burr Oak
Fair
1557
39"
Quercus macrocarpa
Burr Oak
Good
1558
25"
Quercus macrocarpa
Burr Oak
Good
1559
30"
Quercus macrocarpa
Burr Oak
Good
1560
18"
Carya ovata
Shagbark Hickory
Poor
1561
52"
Quercus macrocarpa
Burr Oak
Good
1562
40"
Quercus macrocarpa
Burr Oak
Fair
1563
No Tag
1564
No Tag
1565
23"
Quercus macrocarpa
Burr Oak
Good
1566
28"
Quercus macrocarpa
Burr Oak
Good
1567
52"
Quercus macrocarpa
Burr Oak
Fair
1568
29"
Quercus macrocarpa
Burr Oak
Good
1569
39"
Quercus macrocarpa
Burr Oak
Good
1570
20"
Quercus macrocarpa
Burr Oak
Good
1571
38"
Quercus macrocarpa
Burr Oak
Good
1572
41"
I Quercus macrocarpa
Burr Oak
Good
1573
j 29"
Quercus macrocarpa
Burr Oak
Good
1574
I 461'
Quercus macrocarpa
Burr Oak
Good
1575
30"
Quercus macrocarpa
Burr Oak
Good
1576
32"
Quercus macrocarpa
Burr Oak
Good
1577
2/37"
Quercus macrocarpa
Burr Oak
Good
1578
41"
Quercus macrocarpa
Burr Oak
Fair
1579
24"
Quercus macrocarpa
Burr Oak
Good
1580
40"
Quercus macrocarpa
Burr Oak
Poor
1581
31"
Quercus macrocarpa
Burr Oak
Good
1582
15"
Carya ovata
Shagbark Hickory
Good
1583
32"
Quercus macrocarpa
Burr Oak
Good
1584
14"
Quercus macrocarpa
Burr Oak
Poor
1585
41"
Quercus macrocarpa
Burr Oak
Poor
1586
43"
Quercus macrocarpa
Burr Oak
Good
1587
18"
Carya ovata
Shagbark Hickory
Fair
1588
2/45"
Quercus macrocarpa
Burr Oak
Good
1589
39"
Quercus macrocarpa
Burr Oak
Poor
1590
38"
Quercus macrocarpa
Burr Oak
Good
@:ANiDd1Si�N
Num Size Botanical Name Common Name Quality
1591
14"
C ovata
Shagbark Hickory
Fair
1 1592
23"
Quercus macrocarpa
Burr Oak
Good
59 3
rl
181,
Carya ovata
Shagbark Hickory
Good
544
12"
Carya ovata
Shagbark Hickory
Good
1595
50"
Quercus macrocarpa
Burr Oak
Good
1596
34"
Quercus macrocarpa
Burr Oak
Good
1597
33"
Quercus macrocarpa
Burr Oak
Good
1598
30"
Quercus macrocarpa
Burr Oak
Good
1599
28"
Carya ovata
_
Shagbark Hickory
Good
1600
13"
Carya laciniosa
Shellbark Hickory
Good
1 KOT
38"
Quercus macrocarpa
Burr Oak
Good
1602
21"
1 Carya ovata
Shagbark Hickory
Good
1603
13"
Carya ovata
Shagbark Hickory
Good
1604
191,
Carya ovata
Shagbark Hickory
Good
1605
28"
Carya ovate
Shagbark Hickory
Fair
1606
17"
Carya ovata
Shagbark Hickory
Good
1609
14"
Carya ovata
I
Shagbark Hickory
Good
1610
36"
Quercus alba
White Oak
Good
1611
26"
Quercus alba
White Oak
Good
1612
20"
Quercus alba
White Oak
Good
1613
12"
Quercus alba
White Oak
Fair
1614
22"
Quercus alba
White Oak
Good
1615
24"
Quercus macrocarpa
Burr Oak
1616
22"
Quercus macrocarpa .
Burr Oak
_Good
Good
1617
23" (
Quercus alba
White Oak
Good
1618
17"
Quercus alba
White Oak
Good
1619
25ercus
alba 'White
Oak
Good
1620
-
30"
Carya ovata
_
Shagbark Hickory
Good
1621
23"
Carya ovata
Shagbark Hickory
Poor
1622
21"
Quercus macrocarpa
Burr Oak
Good
1623
13"
Carya ovata
Shagbark Hickory
Good
1624
1625
1626
33"
30"
14"
Quercus macrocarpa
Quercus macrocarpa
Carya ovata _
Burr Oak_
Burr Oak_
Shagbark Hickory
Good
Good
Fair
Num Size Botanical Name Common Name Quality
1627
29"
Quercus macrocarpa
Burr Oak
Good
1628
13"
Carya ovata
Shagbark Hickory
Good
1629
31"
Carya ovata
Shagbark Hickory
Good
1630
22"
Carya ovata
Shagbark Hickory
Good
1631
21"
Carya ovate
Shagbark Hickory
Good
1632
31"
Quercus macrocarpa
Burr Oak
Good
1633
41"
Quercus macrocarpa
Burr Oak
Good
1634
30"
Quercus macrocarpa
Burr Oak
Good
1635
101,
Carya ovata
Shagbark Hickory
Good
1636
22"
Quercus alba
White Oak
Good
1637
25"
Quercus macrocarpa
Burr Oak
Good
1638
32"
Quercus alba
White Oak
Good
1639
20"
Carya ovata
Shagbark Hickory
Good
1640
17"
Quercus alba
White Oak
Good
1641
29"
Quercus alba
White Oak
Good
1642
13"
Quercus macrocarpa
Burr Oak
Fair
1643
22"
Carya ovata
Shagbark Hickory
Fair
1644
39"
Quercus alba
White Oak
Good
1645
181,
Carya ovata
Shagbark Hickory
Good
1646
31"
Quercus macrocarpa
Burr Oak
Good
1647
30"
Quercus macrocarpa
Burr Oak
Good
1648
36"'
Quercus macrocarpa
Burr Oak
Good
1649
37"
Quercus macrocarpa
Burr Oak
Fair
1650
181,
Quercus macrocarpa
Burr Oak
Fair
1651
42"
Quercus macrocarpa
Burr Oak
Good
1652
28"
Quercus macrocarpa
Burr Oak
Good
1653
14"
Quercus macrocarpa
Burr Oak
Fair
1654
32"
Carya ovata
Shagbark Hickory
Good
1655
181,
Quercus macrocarpa
Burr Oak
Good
1656
36'
Quercus macrocarpa
Burr Oak
Good
1657
19"
Quercus macrocarpa
Burr Oak
Good j
1658
39"
Quercus macrocarpa
Burr Oak
Good
1659
28"
Quercus macrocarpa
Burr Oak
Good
1660
34"
Quercus macrocarpa
Burr Oak
Good
1661
30"
Quercus macrocarpa
Burr Oak
Good
1662
20"
Quercus macrocarpa
Burr Oak
Good
Nunn Size Botanical Name Common Name Quality
1663
30"
Quercus macrocarpa
Burr Oak
Poor
1664
43"
Quercus macrocarpa
Burr Oak
Fair
1665
32"
Quercus macrocarpa
Burr Oak
Good
1666
27"
Quercus macrocarpa
Burr Oak
Good
1667
31"
Quercus macrocarpa
Burr Oak
Good
1668
38"
Quercus macrocarpa
Burr Oak
Good
1669
43"
Quercus macrocarpa
Burr Oak
Fair
1670
49"
Quercus macrocarpa
Burr Oak
Fair
1671
41"
Quercus macrocarpa
Burr Oak
Good
1672
42"
Quercus macrocarpa
Burr Oak
Good
1673
181,
Carya ovata
Shagbark Hickory
Good
1674
17"
Carya ovate
Shagbark Hickory
Good
1675
381,
Quercus macrocarpa
Burr Oak
Good
1676
33"
Quercus macrocarpa
Burr Oak
Good
1677
31"
Quercus macrocarpa
Burr Oak
Good
1678
12"
Carya ovata
Shagbark Hickory
Good
1679
29"
Carya ovata
Shagbark. Hickory
Good
1680
13"
Carya ovata
Shagbark Hickory
Good
1681
44"
Quercus macrocarpa
Burr Oak
Good
1682
27"
Quercus macrocarpa
Burr Oak
Good
1683
Dead - No Tag
I
1684
26"
Quercus macrocarpa
Burr Oak
Good
1685
27" 1
Quercus macrocarpa
Burr Oak
Fair
1686
53"
Quercus macrocarpa
Burr Oak
Fair
1687
2T
Quercus macrocarpa
Burr Oak
Fair
1688
30"
Quercus macrocarpa
Burr Oak
Good
1689
39"
Quercus macrocarpa
Burr Oak
Good
1690
191,
Quercus alba
_
White Oak
Good
1691
15"
Quercus alba
_
White Oak
Good
1692
25"
Quercus alba
White Oak
Good
1693
29"
Quercus alba
White Oak
Good
1694
23"
Quercus alba
White Oak
Good
1695
22"
Quercus macrocarpa
Burr Oak
Good
1696
25"
Quercus macrocarpa
Burr Oak
Good
1697
31"
Quercus alba
White Oak
Good
1698
23"
Quercus alba
White Oak (
Good
Num Size Botanical Name Common Name Quality
IF 1 999
18"
Quercus alba
White Oak
Good
1700
20"
Quercus alba
White Oak
Good
1701
213'
Quercus alba
White Oak
Good
1702
15"
Quercus alba
White Oak
Fair
1703
19"
Quercus alba
White Oak
Good
1704
22"
Carya ovata
Shagbark Hickory
Good
1705
14"
j Carya ovata
Shagbark Hickory
Good
1706
15"
Quercus alba
White Oak
Good
1707
31"
, Quercus alba
White Oak
Good
1708
14"
Quercus alba
White Oak
Good
1709
21"
Quercus alba
White Oak
Good
1710
14"
Quercus alba
White Oak
Good
1711
13"
Carya ovata
Shagbark Hickory
Fair
1712
24"
Quercus alba
White Oak
Good
1713
30"
Quercus alba
White Oak
Good
1714
18"
Carya ovata
Shagbark Hickory
Good
1715
7'
Carya ovata
Shagbark Hickory
Fair
1716
29"
Quercus alba
White Oak
Good
1717
42"
Quercus macrocarpa
Burr Oak
Good
1718
25"
Carya ovata
Shagbark Hickory
Good
1719
14"
Carya ovata
Shagbark Hickory
Fair
1720
28"
Quercus macrocarpa
Burr Oak
Fair
1721
14'
Carya ovata
Shagbark Hickory
Good
1722
30"
Carya ovata
Shagbark Hickory
Good
1723
28"
Carya ovata
Shagbark Hickory
Good
1724
13"
Carya ovata
Shagbark Hickory
Fair
1725
15"
Carya ovate
Shagbark Hickory
Good
1726
34"
Carya ovate
Shagbark Hickory
Good
1727
43"
Quercus alba
White Oak
Good
1728
30"
Carya ovata
Shagbark Hickory
Good
23"
Carya ovate
Shagbark Hickory
Good
E731730
14"
Carya ovata
Shagbark Hickory
Good
23"
Carya ovata
Shagbark Hickory
Good
1732
2137"
Carya ovate
Shagbark Hickory
Fair
1733
35"
Quercus macrocarpa
Burr Oak
Good
1734
14" 1
Carya ovata
Shagbark Hickory
Good
FFM
Num Size Botanical Name Common Name Quality
1735
38"
Quercus macrocarpa
Burr Oak;
Good
1736
37"
Quercus alba
White Oak
Good
1737
161,
Carya ovate
Shagbark Hickory
Good
1738
16"
Carya ovate
Shagbark Hickory
Good
1739
14"
Carya ovate
Shagbark Hickory
Fair
1740
14"
Carya ovate
Shagbark Hickory
Good
1741
111
Carya ovate
Shagbark Hickory
Good
1742
17"
Carya ovata
Shagbark Hickory
Good
1 443
13"
Carya ovate
Shagbark Hickory
Good
1744
14"
Carya ovate
Shagbark Hickory
Good
1745
17"
Carya ovate _
Shagbark Hickory
Good
1746
12"
Carya ovate
Shagbark Hickory
Good
1747
18°
Carya ovate
Shagbark Hickory
Good
1748
21"
Carya ovate
Shagbark Hickory
Good
1749
26"
Quercus macrocarpa
Burr Oak
Good
1750
13"
Carya ovata
Shagbark Hickory
Good
1751
14"
Carya ovata
Shagbark Hickory
Good
1752
101,
Carya ovata
Shagbark Hickory
Good
1753
13"
Carya ovate
Shagbark Hickory
Good
1754
15"
Carya ovate
Shagbark Hickory
Fair
1755
191,
Carya ovate
Shagbark Hickory
Good
1756
20"
Quercus alba
White Oak
Good
1757
26"
Quercus alba
White Oak
Good
1758
29"
Carya ovata
Shagbark Hickory
Good
1759
17"
Carya ovate
Shagbark Hickory
Good
1760
31"
Quercus alba
White Oak
Good
1761
23"
Carya ovate
Shagbark Hickory
Good
1762
37"
Quercus alba
White Oak
Good
1763
25"
Carya ovate
Shagbark Hickory
Good
1764 1
8"
Carya ovate
Shagbark Hickory
Fair
1765
111,
Carya ovate
Shagbark Hickory
Good
1766
38"
Quercus macrocarpa
Burr Oak
Good
1767
23"
Quercus macrocarpa
Burr Oak
Fair
1768
2/14"
Morus
White Mulberry
Poor
16"
Carya ovate
Shagbark Hickory
Good
L1769
1770
22"
Carya ovate
Shagbark Hickory
Good
1 FM r.. ,. ..
Num Size Botanical Name Common Naive Quality
1771
17"
Carya ovata
Shagbark Hickory
Good
1772
381,
Quercus macrocarpa
Burr Oak
Fair
1773
12"
Carya ovata
Shagbark Hickory
Good
1774
23"
Carya ovata
Shagbark Hickory
Good
1775
15"
Carya ovata
1 Shagbark Hickory
Good
1776
191,
Carya ovata
Shagbark Hickory
Good
1777
181,
Carya ovata
Shagbark Hickory
Good
1778
11"
Carya ovata
Shagbark Hickory
Good
1779
13"
Carya ovata
Shagbark Hickory
Good
80
r1781
17"
Quercus macrocarpa
Burr Oak
Good
14"
Carya ovata
Shagbark Hickory
Good
1782
22"
Quercus macrocarpa
Burr Oak
Good
1783
16"
Quercus macrocarpa
Burr Oak
Good
1784
25"
Quercus macrocarpa
Burr Oak
Good
1785
21"
Carya ovata
. Shagbark Hickory
Good
1786
191,
Carya ovata
Shagbark Hickory
Good
1787
20"
Quercus macrocarpa
Burr Oak
Good
1788
34"
Quercus macrocarpa
Burr Oak
Good
1789
14"
Carya ovata
Shagbark Hickory
Good
1790
42"
Quercus macrocarpa
Burr Oak
Fair
1791
?
1792
18"
Carya ovata
Shagbark Hickory
Good
1793
151,
Quercus macrocarpa
Burr Oak
Good
1794
30"
Quercus macrocarpa
Burr Oak
Good
1795
28"
Quercus macrocarpa
Burr Oak
Good
1796
26"
Quercus macrocarpa
Burr Oak
Good
1797
38"
Quercus macrocarpa
Burr Oak
Good
1798
21"
Quercus macrocarpa
Burr Oak
Good
M50"
31"
Carya ovata
Shagbark Hickory
Good
Quercus macrocarpa
Burr Oak
Good
1901
14" (
Quercus macrocarpa
Burr Oak
Good
1902
13"
Quercus macrocarpa
Burr Oak
Good
1904
39"
Quercus macrocarpa
Burr Oak
Good
1905
9"
Carya ovata
Shagbark Hickory
Good
1906
38"
Quercus macrocarpa
Burr Oak
Good
Num Size Botanical Naive Common Name Quality
1907
40"
Quercus macrocarpa
Burr Oak
Good
1908
27"
Carya ovata
Shagbark Hickory
Good
1909
49"
Quercus macrocarpa
Burr Oak
Poor
1910
40"
Quercus macrocarpa
Burr Oak
Poor
1911
43"
Quercus macrocarpa
Burr Oak
Good
1912
14"
Quercus macrocarpa
Burr Oak
Good
1913
37"
Quercus macrocarpa
Burr Oak
Good
1914
34"
Quercus macrocarpa
Burr Oak
Good
1915
14"
Fraxinus pennsylvanica
Green Ash
Fair
1916
12"
Prunus serotina
Black Cherry
Fair
14"
Quercus macrocarpa
Burr Oak
Good
E91
14"
Quercus macrocarpa
Burr Oak
Good
27"
Carya ovate
Shagbark Hickory
Good
1920
35"
Juglans nigra
Black Walnut
Good
1921
14"
Quercus macrocarpa
Burr Oak
Fair
1922
2/17"
Juglans nigra
Black Walnut
Fair
1923
46"
Quercus macrocarpa
Burr Oak
Good
1924
32"
Quercus macrocarpa
Burr Oak
Good
1925
38"
Quercus macrocarpa
Burr Oak
Good
1926
2T
Quercus macrocarpa
Burr Oak
Good
1927
35"
Quercus macrocarpa
Burr Oak
Good
1928
33"
Quercus macrocarpa
Burr Oak
Good
1929
16"
Carya laciniosa
Shellbark Hickory
Good
1930
22"
Juglans nigra
Black Walnut
Fair
1931
37"
Juglans nigra
Black Walnut
Fair
1932
30"
Juglans nigra
Black Walnut
Good
1933
7"
Carya ovata
Shagbark Hickory
Good
1934
26"
Quercus macrocarpa
Burr Oak
Good
1935
2/43"
Acer saccharium
Silver Maple
Poor
1936
12"
Robinia pseudoacacia
Black Locust
Poor
14"
Acer saccharium
Silver Maple
Fair
L1937
l 938
15"
Acer saccharium
Silver Maple
Fair
1939
23"
Carya ovata
Shagbark Hickory
Poor
1940
8"
Acer saccharium
Silver Maple
Fair
1941
9"
Prunus serotina
Black Cherry
Poor
1942
22"
Acer saccharium j
Silver Maple
Fair
ILAMDVISIDNI
Num Size Botanical Name Common Name Quality
1943
17"
Acer nigra
Black Maple
Good
1944
19"
Acer platanoides
Norway Maple
Good
1945
8"
Acer platanoides
Norway Maple
Fair
1946
15"
Acer platanoides
Norway Maple
Good
1947
23"
Juglans nigra
Black Walnut
Good
1948
20"
Acer platanoides
Norway Maple
Good
1949
7"
Quercus macrocarpa
Burr Oak
Fair
1950
11"
Carya laciniosa
Shellbark Hickory
Fair
1951
29"
Juglans nigra
Black Walnut
Good
1952
11"
Carya laciniosa
Shellbark Hickory
Good
1953
14"
Juglans nigra
Black Walnut
Good
1954
19"
Acer platanoides
Norway Maple
Fair
1955
25"
Juglans nigra
Black Walnut
Good
1956
7"
Acer platanoides
Norway Maple
Good
1958
32"
Quercus macrocarpa
Burr Oak
Good
1959
23"
Juglans nigra
Black Walnut
Good
1960
9"
Acer platanoides
Norway Maple
Fair
1961
39"
Juglans nigra
Black Walnut
Good
1962
12"
Juglans nigra
Black Walnut
Fair
1963
14"
Juglans nigra
Black Walnut
Fair
1964
46"
Juglans nigra
Black Walnut
Good
1965
16"
Juglans nigra
Black Walnut
Good
1966
22"'
Juglans nigra
Black Walnut
Good
1967
20"
Juglans nigra
Black Walnut
Good
1968
14"
Juglans nigra
Black Walnut
Fair
1969
43"
Quercus macrocarpa
Burr Oak
Good
1970
2/51"
Quercus macrocarpa
Burr Oak
Good
1971
34"
Quercus macrocarpa
Burr Oak
Fair
1972
49"
Quercus macrocarpa
Burr Oak
Good
1973
41"
Quercus macrocarpa
Burr Oak
Fair
1974
28"
Quercus macrocarpa
Burr Oak
Fair
1975
40"
Quercus macrocarpa
Burr Oak
Good
1976
38"
Quercus macrocarpa
Burr Oak
Good
1977
19"
Juglans nigra
Black Walnut
Good
1978
13"
Juglans nigra
Black Walnut
L Good
Num Size Botanical Name Common Name Quality
1979
7"
Acer platanoides
Norway Maple
Fair
1980
6"
Acer platanoides
Norway Maple
Fair
1981
59"
Acer platanoides
Norway Maple
Good
1982
3/19"
Fraxinus pennsylvanica
Green Ash
Good
1983
24"
Larix decidua
Euro. Larch
Fair
1984
23"
Larix decidua
Euro. Larch
Fair
1985
27"
Larix decidua
Euro. Larch
Fair
1986
23"
Larix decidua
Euro. Larch
Fair
1987
23"
Larix decidua
Euro. Larch
Poor
1988
21"
Larix decidua
Euro. Larch
Fair
1989
19"
Larix decidua
Euro. Larch
Fair
1990
53"
Quercus macrocarpa
Burr Oak
Good
1991
46"
Acer platanoides
Norway Maple
Fair
1992
14"
Larix decidua
Euro. Larch
Fair
1993
34"
Acer platanoides
Norway Maple
Good
1994
27"
Acer platanoides
Norway Maple
Fair
1995
28"
Juglans nigra
Black Walnut
Good
1996
T
Acer platanoides
Norway Maple
Fair
1997
33"
Quercus macrocarpa
Burr Oak
Fair
1998
6"
Acer platanoides
Norway Maple
Poor
1999
35"
Quercus macrocarpa
Burr Oak
Fair
2000
47"
Quercus macrocarpa
Burr Oak
Good
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PREPARED FOR
SECTION NO. 13, PLATO TOWNSHIP, KANE COUNTY, IL.
PEACE A6RIClILNRAL
Ofl4N TLE �NVEPT6Ai�ON PEPOPi
WIESE FARM PARCEL
oxAm oEENPOINrxamEs
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EXHIBIT "F"
Off -site Utility Easements and Road Rights -of -way
1. Municipal water main easement for connection to existing
City of Elgin facilities.
2. Such other utility easements which may be identified by
Developer after execution of this Agreement for installation of
adequate improvements for the development contemplated in the
Preliminary Plat of Subdivision.
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NOTE: Alf elevations to receive
equal attention to detail
Far West hnterceptor Sewers
Policy for Inspections and Construction
April 30, 2003
This policy has beer. developed by the City of Elgin's Engineering Division in
cooperation with Fox River Water Reclamation District (FRWRD) to address the atypical
nature of the constriction of interceptor sewers by the development community. This
policy applies to any interceptor sanitary sewer to be constructed by a developer.
Typically, the City or FRWRD will construct the large diameter sewers known as
interceptor sewers whereas the development community will construct the smaller or
lateral type sewers. Because of the importance of the interceptors, the City and the
District have modified the standard operating procedures utilized for the smaller or lateral
type sewers thereby resulting in this policy. For the purpose of this policy, an interceptor
sewer shall be defined as the sanitary sewer system depicted in the April 2002 Baxter and
Woodman study or any other sewer so defined by the City of Elgin's Engineer. Sewer
services will not be allowed on interceptor sewers.
I. Plan review
a. The City's Engineering .Division will attempt to coordinate and share
review comments with the Fox River Water Reclamation District in order
to provide the developer a consistent position relative to plans.
b. Permit sign off by the City will occur after:
i. the developer's engineer has secured a permit or no permit
required from all agencies other than the City and FRWRD (Army
Corp, LDNR, Illinois Nature Preserve, US Fish and Wildlife, etc.).
ii. all easements have been secured.
iii. the plans have been approved by the City's Engineering Division
and FRWRD.
iv. the developer has agreed to set up an escrow account with the City
to fund the full time inspection as required under FRWRD's
regulations. See Construction Administration.
c. If proposed plan affects the service area (changes in route, size, depth,
etc.) as depicted in the Sewer Study, developer shall pay the City to have
the alternative reviewed by Baxter and Woodman.
d. The location of interceptor sewers shall be carefully considered in terms of
future maintenance. Sewers located near stormwater facilities must be
accessible (via excavation) during normal conditions. Sewers located
within the limits of stormwater facilities must be placed in casings and
designated pit locations reserved.
e. The City is concerned with the proposed placement of waterrnain in the
proximity of the interceptor sewers and how trench settlement (from the
sewer) will impact the watermain. The developer will need to prove that
settlement will not impact the watennain.
f. The developer and his engineer MUST include planning for future
connections (provide areas to be served and locations of connects).
Materials
a. Pipes up to 21" in diameter shall be PVC SDR 26.
b Pipe sizes 24" to 48" shall be one of the following:
i. Reinforced Concrete Cylinder Pipe (RCCP)
ii. Ductile Iron (DI) with polyethylene lining
iii. Ductile Iron (DI) with a fused calcium aluminate mortar lining
iv. Prestressed Concrete Pressure Pipe (PCPP)
v. Reinforce Concrete Pipe (RCP), Class V with steel end rings
vi. CentrifugalIy Cast Fiberglass Pipe (CCFRP)
e. Manholes:
i. No drop connections on interceptor sewer manholes. Extend line
out to a secondary manhole and drop may be placed on it. NO
interior drop connections.
ii. No buried manholes. Mound up around structure if necessary.
iii. Spacing of manholes will be in accordance with:
L IF pipe size is 21" or less THEN IEPA requirements shall
be followed.
2. IF pipe size is 24" or higher THEN the maximum spacing
shall be 800 lineal feet.
3. Spacing maybe extended ONLY if it is in the best interest
of the City to do so.
3. Construction Administration
a. The City will contract with at least two engineering finns meeting the
approval of both the City and FRWRD to provide the construction
inspection required by FRWRD and to protect the interest of the City, the
owner of the completed interceptor sewer. The fees paid to the
engineering firm will be based upon that firms hourly rate of an engineer
plus expenses.
b. All other administration responsibilities will be the responsibility of the
developer and his engineer (Bidding, cost estimates and payouts,
construction administration and over site, project control, recapture
agreements and the costs to be include, as constructed drawings
(electronic and hard copy), collection of waivers, etc.).
c. Developer shall reimburse the City for all costs of such constriction
inspection. In the event the escrow account for such costs provided for in
Section I (b) (i) (v) hereof is insufficient to cover such costs, developer
agrees to pay to the City the additional funds for the costs of construction
inspection.
4. Easements
No construction on an interceptor sewer shall be initiated or take place until
the City has received all necessary and required casements for the interceptor
sewer.
Intereentors to be Owned by the City of E12u1
Upon the completion of an interceptor sewer and upon passing inspection by
FRWRD and acceptance by the City the Developer shall convey or caused to
be conveyed to the City of Elgin and at no cost to the City all right, title and
interest to the interceptor sewer and the City of Elgin shall be deemed the
owner of such interceptor sewer.
6. Sa7itav Sewer Lateral or Main Extensions
The City agrees that upon the request of the Developer to execute the sanitary
sewer lateral and/or main extension LEPA permits after the City has executed
the IEPA permits for the interceptor but before the interceptor sewer
construction is complete, provided that the lateral and/or main extension plans
and specifications are consistent with all required ordinances and other
requirements of law. In such event Developer will be proceeding with the
planning, design and construction for any lateral and/or main extension from
the interceptor sewer at its own risk. The Developer further agrees that it can
only obtain building permits for residential units at its development for its
model homes until such time as the interceptor sewer and lateral and main
sewers are substantially completed.
t�A�_reementlTar West lnte,centor Sewcr PoIxv-4_30-03-WAC.doc
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iGKN h COHN MY HOMES 1 �3 T4
1806 SOUiH HIGHLAND AVENUE "a' \N
LOMBARD. IWN018 60148
PH: (630) 953-2222 FAX (63O) 953-t Ul I
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