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Home My WebLink About04-54 i Resolution No. 04-54 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT (Pingree Creek—4400 Damisch 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 2/25/04 Shodeen ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT (hereinafter referred to as the "Agreement" ) made and entered into this 25th day 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 the "City" ) , and Pingree Creek, L.L.C. , an Illinois limited liability company; (hereinafter referred alternatively as the "Owner" or "Developer" ) . WHEREAS, Owner is the successor in interest to the State of Bank of Geneva as Trustee under Trust Agreement dated February 24 , 1997, known as Trust No. 807, State Bank of Geneva as Trustee under Trust Agreement dated January 27 , 2003 , known as Trust No . 909, State Bank of Geneva as Trustee under Trust Agreement dated February 4 , 2003 , known as Trust No. 910 , and Harris Trust and Savings Bank 'as Trustee under Trust Agreement dated September 22 , 1993 , known as Trust LT-2301 , and the Owner is the owner of record of the real property described in Exhibit "A" , which is attached hereto and made a part hereof (which real property, for convenience, is hereafter referred to as the "Subject Property" ) and which real estate is not within the corporate limits of any municipality ; and WHEREAS, Owner desires to annex the Subject Property to the City upon terms and conditions recited in this agreement ; and WHEREAS, Owner, after full consideration, recognizes the many advantages and benefits resulting from the annexation of the Subject Property to the City; and - WHEREAS, the Subject Property constitutes territory which upon the property becoming contiguous to the corporate limits of the City of Elgin, or upon the City receiving a certified copy of a court order presenting the question of the proposed annexation of the Subject Property 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 Owner has filed a Petition for annexation with the City of Elgin petitioning for the annexation of the Subject Property into the City of Elgin in form and substance as required by law; and WHEREAS, the Subject Property is located within the Pingree Grove Fire Protection District, and whereas each of the Trustees of x =, said District was notified in writing by certified or registered mail at least ten (10) days in advance of any action taken with Srespect 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 Rutland and Plato Townships, and whereas the Township Commissioner of Highways and each of the Trustees of said Townships 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 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 WHEREAS, pursuant to the provisions of Section 11-15 . 1-1 et seq. of the Illinois Municipal Code (65 ILLS 5/11-15 . 1-1, et seq. ) a proposed annexation agreement was submitted to the City and a public hearing was held thereon pursuant to notice, as provided by statute; 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 ILLS 5/11-15 . 1 . 1, et seq. , and in the exercise of the home rule power of the City. 2 . The Corporate Authorities, within forty-five (45) days of the occurrence of all of the following : (a) the execution of this Agreement , (b) the receipt by the City Clerk of a current title -2- 1. report verifying that the Owner is the owner of record of the Subject Property and (c) the Subject Property becoming contiguous to the corporate limits of the City of Elgin or the City receiving a certified copy of a court order presenting the question of the proposed annexation of the Subject Property, shall pass an ordinance annexing the Subject Property to the City. In the event the City fails to annex the Subject Property within forty-five (45) days of the accomplishment or the occurrence of all of the conditions precedent as set forth in this Section 2 the Owner, upon written notice to the City, may: (1) elect to terminate this Agreement together with the Petition for Annexation filed in connection herewith and thereupon this Agreement and the Petition for Annexation filed in connection herewith shall be null and void and of no further force and effect ; or (2) enforce or compel the performance of this Agreement, at law or in equity, by suit , action, mandamus or other legal proceeding, including specific performance, provided, however, notwithstanding the foregoing or anything else to the contrary in this Agreement, no action shall be commenced by the Owner and/or the Developer against the City for monetary damages . Notwithstanding anything to the contrary herein, 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 . two ordinances zoning portions of the property in the PSFR2 Planned Single Family Resident District in the form attached hereto in Group Exhibit C. ii . an ordinance zoning a portion of the property in the PCF Planned Community Facility District in the form attached hereto in Group Exhibit C . iii . an ordinance zoning a portion of the property in the PMFR Planned Multiple Family Residence District in the form attached hereto in Group Exhibit C . iv. an ordinance zoning a portion of the property in the PNB Planned Neighborhood Business District in the form attached hereto in Group Exhibit C . V. a resolution approving the Preliminary Plat of Subdivision for the Subject Property prepared by Donahue and Thornhill , dated January 13 , 2004 , • -3- I • (hereinafter referred to alternatively as "the Preliminary Plat of Subdivision" , "Development Plan" or "Development" ) attached hereto as Exhibit D. B. It is agreed that in the event the City or the Owner or any of the Owner ' s successors in interest propose to amend the PSFR2 zoning ordinance referred to above, and any such proposed amendment would involve a proposed change in land uses, an increase in densities, a decrease in open space, a change in proposed building designs or the substitution of non-comparable exterior building materials, that any such proposed rezoning or amendment to such zoning ordinance shall require the amendment of this Agreement upon the terms and conditions which are acceptable to the City and the Owner in the parties respective discretion. However, with respect to the requirement of the Owner ' s signature, only the written approval of the legal title holder of the interest in the property affected by the amendment shall be required to initiate such a proposed amendment to this Agreement . C . The Subject Property and the Development contemplated herein shall be developed in accordance with the Master Concept Plan attached hereto as Exhibit E (hereinafter referred to as the "Master Concept Plan" ) and the Preliminary Plat of Subdivision. In • the event of any conflict between the Master Concept Plan and the Preliminary Plat of Subdivision the Preliminary Plat of Subdivision shall control . Engineering for the Subject Property and the Development contemplated herein shall be in substantial accordance with the Preliminary Engineering Plans prepared by Sheaffer and Roland, Inc . , dated January 13 , 2004 , attached hereto as Exhibit F (hereinafter referred to as the "Preliminary Engineering Plans" ) . 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 provided for in Elgin Municipal Code Section 19 . 60 . 200 , as amended, may be approved by the City' s Development Administrator without public hearings and without formal amendment to this agreement . D. Developer shall be granted 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 • -4- • 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 . Any phasing of public improvements, including, but not limited to, streets, sanitary sewer lines and water lines, shall require the approval of the City. The City shall approve final plats of a planned development , subdivision or resubdivision as submitted if such plat or plats are 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 . Sound engineering practices shall be construed in accordance with the provisions of Elgin Municipal Code Title 18 entitled "Subdivisions" and Title 21 entitled "Stormwater Management" and in accordance with the City regulations entitled "Engineering and Construction Standards and Specifications" dated July 2001, "Standard Details" and "General Notes" , with revisions thereto as set forth in the document attached hereto as Exhibit G entitled "Pingree Creek Amendments to Subdivision Ordinance and Engineering and Construction Standards and Specifications" (such ordinances and regulations as revised by Exhibit G are hereinafter collectively referred to as the "Engineering Specifications" ) . E . Developer shall be responsible for the construction and • installation of those on-site public improvements and utilities consisting of storm sewers, sanitary sewers, water mains, streets and appurtenant structures as are needed to adequately service the Subject Property in accordance with applicable existing City ordinances, as same may be revised by the Engineering Specifications set forth in Exhibit G, 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 development , subdivision, or resubdivision except for such off-site public improvements, including but not limited 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 city ordinances 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, (but not including any portions of storm sewers that will be owned and maintained by a not-for-profit organization, a property owners' association or an association consisting of the owners of the property) included in each phase of the project and shall also grant easements to applicable utility companies for gas, r -5- I 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 and with the provisions as set forth in Exhibit H attached hereto. 4 . A. Notwithstanding anything to the contrary in this Agreement , this Agreement and each of the parties' obligations herein are expressly subject to and contingent upon: (a) the City obtaining a final and nonappealable approval of the City of Elgin' s Water Quality Management Plan Amendment Application for an amendment to the Fox River Water Reclamation District Facility Planning Area to include the Elgin Northwest Expansion Area, as may be amended by the City, which includes but is not limited to the Subject Property and the Crown Community Development property known as the Highland Woods Development (such City of Elgin Water Quality Management Plan Amendment Application is hereinafter referred to as the "Subject FPA Amendment Application" ) ; and (b) either (i) the receipt by the City of a certified copy of the ordinance annexing the Subject Property to the Fox River Water Reclamation District ( "FRWRD" ) and including FRWRD ' s assurance that it has sufficient capacity reserved to provide sanitary sewer treatment service for the Subject Property or (ii) the presentation to the City of a written agreement in a form acceptable to the City' s Corporation Counsel whereunder FRWRD agrees to provide sanitary treatment services to the Subject Property notwithstanding the said Subject Property not being annexed to FRWRD and including FRWRD' s assurance that it has sufficient capacity reserved to provide sanitary sewer treatment service for the Subject Property (such annexation by FRWRD or such agreement by FRWRD to provide sanitary treatment services to the Subject Property including in either instance FRWRD ' s assurance that it has sufficient capacity to provide sanitary sewer treatment service for the Subject Property is hereinafter referred to as "FRWRD ' s Agreement to Service The Subject Property" ) . In the event the City does not obtain or receive such a final and nonappealable approval of the Subject FPA Amendment Application and FRWRD ' s Agreement To Service The Subject Property within twenty-four (24) months of the date of this Agreement then either party, upon written notice to the other party, may elect to terminate this Agreement and thereupon this Agreement shall be null and void and of no further force and effect . In the event this Agreement is so terminated and the Subject Property has previously been annexed into the corporate limits of the City of Elgin the Subject Property shall be disconnected from the City of Elgin. B . Notwithstanding anything to the contrary in this Agreement, it is agreed and understood that no final engineering -6- plans, plats of subdivision, building permits or other construction permits or approvals shall be approved or issued for the Subject Property unless and until the occurrence of the following: (a) the final and nonappealable approval of the Subject FPA Amendment Application; and (b) FRWRD ' s Agreement To Service The Subject Property. 5 . Owner represents that off-site utility easements required to service the Subject Property are described on Exhibit I . The City agrees that in the event the City is unable to obtain said utility easements over, under, across, or through property not owned by Owner or the City or under the Owner ' s or 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 the City; the City shall use, to the full extent permitted by law, its eminent domain power to secure all easements . All such actions by the City shall be at no cost to the Owner, which costs shall be borne solely by the City. Any costs incurred by the City for the acquisition of easements shall be included in and considered a part of the City' s reimbursement not to exceed Eight Million Five Hundred Thousand Dollars ($8 , 500 , 000) referred to in Section 14 hereof . In the event the Owner is required to pay monies to third party property owners for the acquisition of off-site easements for the Subject Sanitary Sewer Line referred to in Section 12 hereof or for the Subject Water Line referred to in Section 13 hereof, the City agrees that following the completion of the construction of such improvements to enact a recapture ordinance or ordinances which will entitle the Owner to recover from other properties benefited by the Subject Sanitary Sewer Line or the Subject Water Line their proportioned share of the costs of such easements . Notwithstanding anything to the contrary in this Agreement , it is agreed and understood that no final engineering plans, plats of subdivision, building permits or other construction permits or approvals shall be approved or issued for a phase unless and until the required utility easements for that phase have been secured and recorded. 6 . A. Developer shall pay to the City the impact fees and contributions as set forth in the schedule attached hereto as Exhibit J. Such impact fees and contributions shall be paid by the Developer to the City on a per unit basis (per single family residence or per commercial building) prior to or concurrent with the issuance of a building permit . Increases, if any, to such impact fees and contributions shall not exceed the lesser of actual percentage increases by the City in the amount of impact fees and contributions or three percent (3%) annual increases . To the extent that the Developer expends funds for offsite roadway system improvements, as compared to roadway improvements which are -7- • attributable to the Subject Property such as by way of example turn lanes providing access to the Subject Property and road widenings adjacent to the Subject Property, the cost of such offsite roadway system improvements shall be credited against the Developer ' s obligation for Roadway Contributions . 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 or the school 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. The parties understand and agree that the Developer is satisfying City ordinance requirements for park land impact fees • and park capital improvement contributions through the donation of park lands and open space/conservation areas as depicted in the Master Concept Plan and Preliminary Plat of Subdivision and through the construction of recreational amenities to be constructed by the Developer within the Subject Development . Land shall be deemed acceptable for the purpose of satisfying the park land donation requirement so long as it is not located within the 20 year flood plain. Developer may donate lands to the City within the 20 year floodplain for additional park lands but such lands shall not be counted or included within the Park Land Donation Requirements . Stormwater detention shall be permitted in the park sites as shown in the Preliminary Engineering Plans . The regional park site on the south end of the Subject Property shall be named and known as Sjodin Park. Park lands donated to the City by the Developer shall be improved by the Developer substantially in conformance with the Conceptual Plan prepared by Otis, Koglin, Wilson, dated January 12 , 2004 , revised January 13 , 2004 , attached hereto as Exhibit K and the Final Plan substantially in conformance with the Concept Plans which shall be approved by the Development Administrator . Said park improvements shall be completed by the Developer in conjunction with that phase of the development that the park is located in. To the extent that the Developer provides for additional recreational amenities on the Subject Property such as bike paths and pedestrian trails, the -8- • cost of such additional recreational amenities shall be credited against Developer ' s obligation to the City for Park Capital Improvements . Land contributed by the Developer for parks shall be valued as provided in Elgin Municipal Code Section 17 . 04 . 070A. To the extent that the Developer contributes lands for parks in excess of the amounts required by the existing ordinances of the City for park donations and contributions, the excess of amount of acreage or a fraction thereof, valued as provided in Section 17 . 03 . 070A, shall be credited against the Developer' s obligation, if any, to make improvements to the parks pursuant to the existing ordinances of the City for park capital improvements contributions . C. The Developer shall convey to the City at no cost the park sites as identified on the Preliminary Plat of Subdivision. The Developer shall also convey to the school district at no cost the school sites as identified on the Preliminary Plat of Subdivision. Notwithstanding the foregoing the City and the Developer by mutual agreement may agree to differing park site dedications from the Developer to the City and/or differing school site dedications from the developer to the school district as part of the final plats of subdivision. 7 . Developer agrees that , except as otherwise specifically set forth below in this Agreement, in the Master Concept Plan or in the Preliminary Plat of Subdivision, 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 Elgin Comprehensive Plan, and is incorporated herein by reference . The City Council finds that the variety in residential building design, architectural plans, elevations and facades of the proposed rear loading garage single family and multiple family product proposed by the Developer provides a desired neighborhood and streetscape and, as such, this product type will be permitted to use any of the following exterior building materials : wood, stone, brick, stucco, EFIs, . 024 gauge aluminum and vinyl of each wall facing a street . Such products may be provided on lot sizes of 30 feet by 100 feet , 40 feet by 100 feet , 50 feet by 100 feet or 60 feet by 100 feet . The City Council further finds that the Master Concept Plan and the Preliminary Plat of Subdivision satisfy the intent of the Far West Planning Area policies . The parties understand and agree that the Subject Property is not located in the Otter Creek Watershed and is therefore not subject to the Intergovernmental Agreement between the City and the Kane County Forest Preserve District dated December 19, 1997 . 8 . Owner shall cause all portions of Subject Property depicted on a Preliminary Plat as wetlands, screening berms and -9- • 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 not for profit organization, 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 . 9 . Except as specifically permitted pursuant to variation or planned development approval , or by the Engineering Specifications set forth in Exhibit G of this Agreement, or Sections 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 in effect as of the date of this agreement . 10 . If during the term of this Agreement any existing, • amended, modified or new City 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 City requirements shall not apply to the Subject Property 11 . If, during the term of this Agreement , any existing, amended, modified or new City 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 the Subject Property, and anything to the contrary contained herein notwithstanding, Owner may elect to proceed with respect to the development of, or construction upon, the Subject Property upon the less restrictive amendment or modification applicable generally to all properties within City. -10- 12 . A. After the annexation of the Subject Property into the • h corporate limits of the City of Elgin, the annexation of the Crown Community Development property known as the Highland Woods Development into the corporate limits of the City of Elgin, the final and nonappealable approval of the Subject FPA Amendment Application, FRWRD ' s Agreement to Service the Subject Property, and the completion by others of the Section 1 Sanitary Sewer Line (as hereinafter defined) , the Owner as part of a joint venture with Crown Community Development shall provide for the construction of a new sanitary sewer line to the Subject Property. The routing of such sanitary sewer line and the sizes of the sewer pipe for such sanitary sewer line are depicted as Section 2 and Section 3 in Exhibit L, which is attached hereto. (The segment of sanitary sewer line depicted as Section 1 in Exhibit L is throughout this agremeent referred to as the "Section 1 Sanitary Sewer Line" . The segments of sanitary sewer line depicted in Exhibit L as Sections 2 and Section 3 are throughout this agreement collectively referred to as the "Subject Sanitary Sewer Line . " ) The Owner and Crown Community Development shall cause construction of the Subject Sanitary Sewer Line to be completed within twenty-four (24) months of the annexation of the Subject Property and the Crown Community Development property into the corporate limits of the City of Elgin, the final and nonappealable approval of the Subject FPA Amendment Application, FRWRD ' s Agreement to Service The Subject • Property and the completion of the construction by others of the Section 1 Sanitary Sewer Line . Developer and Crown Community Development shall be responsible for preparing preliminary engineering and final engineering plans for the Subject Sanitary Sewer Line . Such preliminary engineering plans and final engineering plans shall be submitted to the City Engineer for review and the City Engineer' s approval . All aspects of the routing, location, design and construction of the Subject Sanitary Sewer Line shall be as determined by the City and subject to the City' s review and approval . The proposed engineers, contractors and subcontractors to be utilized for the design and construction of the Subject Sanitary Sewer Line shall be subject to the City' s approval which approval shall not be unreasonably withheld. Developer and Crown Community Development shall also be responsible for obtaining all necessary permits and other approvals for the construction of the Subject Sanitary Sewer Line . The Subject Sanitary Sewer Line shall be constructed in conformance with all applicable city ordinances, as amended by Exhibit G, and other requirements of law. Upon completion of the construction of the Subject Sanitary Sewer Line by the Owner and Crown Community Development , and upon review and recommendation by the City Engineer, the Owner and Crown Community Development shall dedicate and the City Council shall accept the Subject Sanitary Sewer Line . Such acceptance of the Subject Sanitary Sewer Line by the City • -11- • shall be consistent with applicable City ordinances . The City agrees to reserve sufficient capacity within the Subject Sanitary Sewer Line to serve the Subject Property. B . Prior to the Owner and Crown Community Development commencing with the design and construction of the Subject Sanitary Sewer Line, the Owner, Crown Community Development and the City shall enter into a separate written contract regarding the Owner and Crown Community Development providing for the design and construction of the Subject Sanitary Sewer Line . The form of such agreement shall be as approved by the attorneys for the Owner and Crown Community Development and the Corporation Counsel of the City. Such agreement shall provide for all aspects of the design and construction of the Subject Sanitary Sewer Line consistent with the provisions of this Agreement . Such agreement shall also provide for the City' s agreement to pay for a portion of the costs of the design and construction of the Subject Sanitary Sewer Line as provided in Section 14 hereof . C. City hereby agrees to allow Owner, at Owner' s expense, to tie into the Subject Sanitary Sewer Line to be constructed pursuant to Section 12A hereof, 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, except as modified by Exhibit J. Owner shall be responsible for the extension of sewer lines in the Subject Property as shown on the Preliminary Engineering Plans 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 Plans approved by the City Engineer for each phase of the development . D. In the event that the construction of the Section 1 Sanitary Sewer Line has not been completed by others within eighteen (18) months of the date of this Agreement, it is agreed that the Owner upon written notice to the City may provide for the construction of the Section 1 Sanitary Sewer Line . In the event that the Owner provides for the design and construction of the Section 1 Sanitary Sewer Line, the City agrees to reimburse the Owner for a portion of the cost of the design and construction of the Section 1 Sanitary Sewer Line . The City' s reimbursement to the Owner for the design and construction of the Section 1 Sanitary Sewer Line shall be in the amount of actual costs for the design and construction of such improvement but not to exceed a total • -12- reimbursement from the City of One Million Five Hundred Thousand • Dollars ($1 , 500 , 000) . Any costs incurred by the City for the acquisition of easements for the Section 1 Sanitary Sewer Line shall be included in and considered a part of the City' s reimbursement not to exceed One Million Five Hundred Thousand Dollars ($1 , 500 , 000) for the Section 1 Sanitary Sewer Line . Payments to the Owner for the reimbursement of costs associated with the design and construction of the Section 1 Sanitary Sewer Line shall be in the form of payments after the costs for same have been incurred and the design and construction of the Section 1 Sanitary Sewer Line has been completed. The City agrees to enact a recapture ordinance which will entitle the Owner to recover from other properties benefited by the Section 1 Sanitary Sewer Line their proportionate share of the costs for such improvement incurred by the Owner in excess of the not to exceed One Million Five Hundred Thousand Dollar ($1, 500 , 000) reimbursement from the City. In the event the Owner provides for the design and construction of the Section 1 Sanitary Sewer Line, it is agreed that all aspects of the routing, location, design and construction of the Section 1 Sanitary Sewer Line shall be as determined by the City and subject to the City' s review and approval . In such event the proposed engineers, contractors and subcontractors to be utilized by the Owner for the design and construction of the Section 1 Sanitary Sewer Line shall be subject to the City' s approval which approval shall not be unreasonably withheld. In such event the Owner shall be responsible for obtaining all necessary permits and other approvals for the construction of the Section 1 Sanitary Sewer Line. In the event the Owner provides for the construction of the Section 1 Sanitary Sewer Line, and upon review and recommendation by the City Engineer, the Owner shall dedicate and the City Council shall accept the completed Section 1 Sanitary Sewer Line . Such acceptance of the completed Section 1 Sanitary Sewer Line by the City shall be consistent with applicable City ordinances . The City agrees to reserve sufficient capacity within the Section 1 Sanitary Sewer Line to serve the Subject Property. 13 . A. After the annexation of the Subject Property into the corporate limits of the City of Elgin, the annexation of the Crown Community Development property known as the Highland Woods Development into the corporate limits of the City of Elgin, the final and nonappealable approval of the Subject FPA Amendment Application and FRWRD ' s Agreement To Service The Subject Property, the Owner as part of a joint venture with Crown Community Development shall provide for the construction of the water main improvements which are generally described in Exhibit M, which is attached hereto (such water main improvements are hereinafter referred to as the "Subject Water Line" . ) The Owner and Crown -13- Community Development shall cause construction of the Subject Water • Line to be completed with twenty-four (24) months of the annexation of the Subject Property and the Crown Community Development property into the corporate limits of the City of Elgin, the final and nonappealable approval of the Subject FPA Amendment Application and FRWRD ' s Agreement to Service The Subject Property. Owner and Crown Community Development shall be responsible for preparing preliminary engineering and final engineering plans for the Subject Water Line . Such preliminary engineering plans and final engineering plans shall be submitted to the City Engineer for review and the City Engineer' s approval . All aspects of the routing, location, design and construction of the Subject Water Line shall be as determined by the City and subject to the City' s review and approval . The proposed engineers, contractors and subcontractors to be utilized for the design and construction of the Subject Water Line shall be subject to the City' s approval which approval shall not be unreasonably withheld. Developer and Crown Community Development shall also be responsible for obtaining all necessary permits and other approvals for the construction of the Subject Water Line . The Subject Water Line shall be constructed in conformance with all applicable city ordinances, as amended by Exhibit G, and other requirements of law. Upon completion of the construction of the Subject Water Line by the Owner and Crown Community Development, and upon review and • recommendation by the City Engineer, the Owner and Crown Community Development shall dedicate and the City Council shall accept the Subject Water Line . Such acceptance of the Subject Water Line by the City shall be consistent with applicable City ordinances . B. Prior to the Owner and Crown Community Development commencing with the design and construction of the Subject Water Line, the Owner, Crown Community Development and the City shall enter into a separate written contract regarding the Owner and Crown Community Development providing for the design and construction of the Subject Water Line . The form of such agreement shall be as approved by the attorneys for the Owner and Crown Community Development and the Corporation Counsel of the City. Such agreement shall provide for all aspects of the design and construction of the Subject Water Line consistent with the provisions of this Agreement . Such agreement shall also provide for the City' s agreement to pay a portion of the costs of the design and construction of the Subject Water Line and provided in Section 14 hereof . C. City hereby agrees to allow Owner, at Owner ' s expense, to tie into the water line to be constructed pursuant to Section 13A hereof, subject to payments required under any outstanding reimbursement ordinances, and with the payment of applicable fees . • -14- • At Owner' s expense, City agrees to cooperate with Owner in obtaining all necessary Illinois Environmental Protection Agency (IEPA) permits required for such water main extensions and tie-ins . Owner shall bear all costs for extensions, tie-ins and permits consistent with applicable City ordinances, except as modified by Exhibit J. Owner shall be responsible for the extension of water mains in the Subject Property as shown on the Preliminary Engineer Plans 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 Plan approved by the City Engineer for each phase of the development . 14 . After the annexation of the Subject Property into the corporate limits of the City of Elgin, the annexation of the Crown Community Development Property known as the Highland Woods Development into the corporate limits of the City of Elgin, the final and nonappealable approval of the Subject FPA Amendment Application, FRWRD ' s Agreement To Service The Subject Property and the completion of the construction of the Section 1 Sanitary Sewer Line by others, the City agrees to reimburse the Owner and Crown Community Development for a portion of the costs of the design and construction of the Subject Sanitary Sewer Line referred to in Section 12 hereof and the Subject Water Line referred to in Section 13 hereof . The City' s reimbursement to the Owner and to • Crown Community Development for the design and construction of the Subject Sanitary Sewer Line and the Subject Water Line shall be in the amount of the actual costs for the design and construction of such improvements but not to exceed to total amount of Eight Million Five Hundred Thousand Dollars ($8 , 500 , 000) . The cost for the design and construction of the Subject Sanitary Sewer Line and Subject Water Line shall include, but not be limited to, construction management costs for same . Payments to the Owner and Crown Community Development for the reimbursement of the costs of the design and construction of the Subject Sanitary Sewer Line and the Subject Water Main shall be in the form of payments after the costs for same have been incurred on a monthly basis . The precise terms and timing of such payments from the City to the Owner and to Crown Community Development shall be provided for in the separate written contract to be entered into between the parties as provided in Sections 122 and 139 hereof . The Owner and Crown Community Development shall be responsible and shall pay for all costs for the design and construction of the Subject Sanitary Sewer Line and Subject Water Main in excess of Eight Million Five Hundred Dollars ($8 , 500, 000) . In the event the Owner and Crown Community Development are required to pay costs for the design and construction of the Subject Sanitary Sewer Line and Subject Water Main which are in excess of the not to exceed Eight Million Five Hundred Thousand Dollars ($8, 500, 000) reimbursement from the City, • -15- the City agrees to enact a recapture ordinance or ordinances which will entitle the Owner and Crown Community Development to recover from other properties benefited by the Subject Sanitary Sewer Line or the Subject Water Line their proportionate share of the costs for such improvements incurred by the Owner and Crown Community Development in excess of said not to exceed Eight Million Five Hundred Thousand Dollars ($8, 500, 000) reimbursement from the City. In the event of the enactment of such recapture ordinance or ordinances in connection with the Subject Sanitary Sewer Line and the Subject Water Line it is agreed that the Owner and Crown Development shall receive recapture payments due to them under such ordinances prior to the City receiving recapture payments which may be due to the City under any such recapture ordinances . The foregoing provision regarding the priority of recapture payments to the Owner and Crown Community Development shall apply only to recapture ordinances and shall not apply to any payments received by the City as part of sewer rates or water rates including, but not limited to, any surcharges on sewer rates or water rates . Such recapture ordinance or ordinances shall be in the form as approved by the City' s Corporation Counsel . It is also expressly agreed and understood by the Owner that the City reserves the right to recapture or recover from others including, but not limited to, successor owners of the Subject Property the City' s reimbursement to the Owner and Crown Community Development for the costs of the • design and construction of the Subject Sanitary Sewer Line and the Subject Water Line in the form of recapture ordinances, impact fees, increased sewer rates, increased water rates or other fees and charges as determined in the sole discretion of the City. Notwithstanding the foregoing, it is agreed that for a period of ten (10) years following the date of this Agreement the City' s surcharge on the sewer rates for dwelling units on the Subject Property above and beyond the sewer rates charged to other dwelling units in the City of Elgin shall be limited to an additional surcharge not to exceed Thirty Dollars ($30) per month. It is further agreed and understood that after such ten (10) year period from the date of this Agreement that there shall be no limitation on additional surcharges on the sewer rates for dwelling units on the Subject Property. B . Notwithstanding anything to the contrary in the preceding paragraph 14A hereof, or anything to the contrary in this Agreement, the responsibility for the costs of those portions of the Subject Water Main located on either the Subject Property or the Crown Community Development Property shall be as provided for in this paragraph 142 . In the event the portions of the Subject Water Line which are located either on the Subject Property or on the Crown Community Development Property can be tapped into for household services for properties adjoining such Water Line then • -16- the Owner and Crown Community Development shall be responsible for • the entire equivalent cost of a 12 inch water main for those portions of the Subject Water Main which are located either on the Subject Property or on the Crown Community Development Property. By way of example, if a section of the Subject Water Line located on the Subject Property is a 12 inch water line and such water line can be tapped into for household services for properties adjoining the Subject Portion of the Subject Water Main, the Owner shall be responsible for the entire cost of the design and construction of the 12 inch water main through the Subject Property. By way of further example, if a section of the Subject Water Line located on the Subject Property is an 18 inch water line and such water line can be tapped into for households services for properties adjoining the Subject Portion of the Subject Water Main, the Owner shall be responsible for the equivalent costs of the design and construction of a 12 inch water line through the Subject Property and the balance of the design and construction of the 18 inch water line through the Subject Property shall be considered an oversizing cost . The City shall pay for the cost for such oversizing from the City' s not to exceed Eight Million Five Hundred Thousand Dollars ($8 , 500, 000) reimbursement for the Subject Sanitary Sewer Line and Subject Water Line provided for in paragraph 14A hereof . In the event the Owner and Crown Community Development are required to pay costs for the design and construction of the Subject Sanitary Sewer • Line and Subject Water Main which are in excess of the not to exceed Eight Million Five Hundred Thousand Dollars ($8 , 500, 000) reimbursement from the City, the Owner and Crown Community Development will be instead entitled to recover such onsite oversizing costs for the Subject Water Main in the recapture ordinance or ordinances referred to in the preceding paragraph 14A hereof . 15 . 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 and consistent with the provisions as set forth in Exhibit H attached hereto. 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 -17- improvements by the City shall be consistent with applicable City ordinances . 16 . 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 building elevations attached hereto as Exhibit N ( "Building Elevations" ) , and with the private covenants referred to in the planned development ordinances . Owner shall provide for the recording of such private covenants as to those portions of the Subject Property to be classified in a residential zoning classification. In the event of any conflict between the provisions of the planned development ordinances, the building elevations 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 may be 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 the annexation Agreement . 17 . 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 . 18 . 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. 19 . Owner shall be responsible for the recording fees for filing and recording of the plat of annexation and any plat or plats of subdivision or planned development for the Subject Property. 20 . 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 . -18- • 21 . 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. 22 . 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 of the Elgin Municipal Code, as same may be amended by the provisions of Exhibit G attached hereto, and to obtain development permits as required by said Title 21 . 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 entity owning the land on which such facilities or improvement are located fail to perform maintenance, repair, reconstruction or replacement in accordance with City ordinances or other applicable requirements of law. The 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 . 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 . 25 . Except as may be required pursuant to the Kane County stormwater management ordinance, the City shall issue no stop orders directing work stoppages on buildings or parts of the -19- • 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 reasonable advance written 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. 26 . 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 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 27 hereof . 27 . 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 City in its request for correction. The City agrees that Certificates of Occupancy (temporary or permanent, as the case may be) shall be issued upon (a) proper application of the appropriate party, (b) compliance with all applicable building codes, zoning ordinance requirements and other applicable requirements of law, and (c) receipt and approval by the City of a performance bond (or a suitable alternative such as an irrevocable letter of credit or a cash deposit) covering one hundred twenty- five (1250) 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 . 28 . 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 -20- approval by the City Engineer, as provided herein, and after approval thereof by the City Engineer 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 or a letter of credit 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. A one (1) year Warranty period bonding or a suitable alternative (such as an irrevocable letter of credit or a cash deposit) shall be provided in accordance with ordinances of the City. - D. It shall be a condition to the City' s obligation to accept dedication of any public improvement that the dedication of such improvement be accompanied by the grant of appropriate easements consistent with the provisions of Exhibit H attached hereto to permit the City to carry out its responsibilities with respect to such improvements . 29 . Except as otherwise provided by law including, but not limited to, the provisions of 70 ILLS 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 -21- • 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 governmental Employees Tort Immunity Act at 745 ILLS 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 . 30 . 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 . 31. 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 . S -22- • 32 . A. Prior to the commencement of the construction and final plat approval for each phase, the Developer shall submit to the City Development Administrator a plan showing the location of all proposed temporary construction and sales trailers/offices, including parking areas, fencing, signage and landscape treatment for that phase . 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 for that phase . The Developer shall be permitted twelve (12) construction trailers and twelve (12) material storage trailers for each phase . 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. 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 . 33 . 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 six (6) model home areas and associated sales offices ( "Model Areas" ) ; to construct and maintain other appurtenant facilities for said model units, including an 6x10 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 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 • -23- • 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 which 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 . 34 . 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 . 35 . 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 ILLS 705/20 (e) . At the time of annexation, the Developer shall deposit with the City the amount of such disconnection fee; provided, -24- • 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 . 36 . 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. 37 . Notwithstanding anything to the contrary contained in Paragraph 17 of the Agreement, it is agreed that the parties hereto shall have the following rights and remedies in the event of a breach or default hereunder. (a) enforce or compel the performance of this Agreement, at law or in equity by suit, action, mandamus, or any other proceeding, including specific performance; (b) maintain an action to recover any sums which the other party has agreed to pay pursuant to this Agreement and which have become due and remain unpaid for more than 15 days following written notice of such delinquency. It is expressly acknowledged and agreed that except as provided in subparagraph (b) above, 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 . 38 . 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 -25- • 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 term set forth in Paragraph 17 hereof and that the City shall take no action which shall in any way be contrary to, or inconsistent with, the terms and provisions of this Agreement . 39 . The provisions contained herein shall survive the annexation of the Subject Property and shall not be merged or expunged by the annexation of the Subject Property or any part thereof to the City. This Agreement shall be construed under the laws of the State of Illinois . The parties agree that venue shall be proper only in the Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois . 40 . 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 terms 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. 41 . Notices or other writings which any party is required or may wish to serve upon any other party in connection with this Agreement shall be in writing and shall be delivered personally or sent by registered or certified mail , return receipt requested, postage prepaid, or by a nationally recognized overnight courier, prepaid, addressed as follows : If to the City or to the Corporate Authorities : City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attention: City Clerk With a copy to : City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attention: Corporation Counsel • -26- • If to Developer : Sho-Deep Inc . 17 N. First Street Geneva, IL 60134 With a copy to : William B. Phillips Attorney at Law McParland & Phillips LLC 180 N. Wacker Drive, Suite 300 Chicago IL 60606-1603 42 . 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. 43 . 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. 44 . 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 terms of this Agreement . 45 . 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 . 46 . This Agreement may be executed in any number of counterparts and duplicate originals, each of which shall be deemed an original , but all of which shall constitute one and the same instruments . 47 . 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, • -27- all grantees, successors, and assigns of the respective parties hereto, including successor corporate authorities and successor municipalities of the City. 48 . 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 . 49 . Except as provided in paragraph 4A herein, 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 . 50 . At any time during the term of this Agreement, other property (the "Other Property" ) owned by the Owner which is contiguous to the Subject Property and contiguous to the corporate limits of the City and not within the corporate boundaries of any other municipality, shall , upon petition of the Owner, be annexed to the City upon the same terms and conditions as contained in this Agreement . Upon receipt of a petition for annexation of the Other Property, the City agrees to expeditiously hold all required public • hearings to annex the Other Property and shall within sixty (60) days after receipt of the petition for annexation with respect to the Other Property enter into an annexation agreement for the Other Property substantially identical to the terms of this Agreement, or shall amend this Agreement to add the Other Property to the terms of this Agreement . SIGNATURE PAGE FOLLOWS F:\Legal Dept\Agreement\Annexation-Shodeen-Final.doc -28- IN WITNESS WHEREOF, the Elgin Corporate Authorities and Owner have hereunto set their hands and seals and have caused this instrument to be executed by their duly authorized officials and the corporate seal affixed hereto, all on the day and year first written above (CITY OF ELGIN, a municipal corporation) By: _o'4 X_ ayor ` Attest: i��X�v fa'/iiv►� � /City Cler C Lt f� b Pingree Creek, .L.C. By: agaTent • Manager By: Gl/ Titl Chain ian State Bank of Geneva, not personally but asR�AITAC4tED Trustee under Trust Agreement dated 2/24/97 RUETOANDWEAPA ffMOF known as Trust#807 By: , \ Attest: Title: y `02 Title: 7-0 State Bank of Geneva, not personally but as SEERDERATTA( ED Trustee under Trust Agreement dated 1/27/03 HMMANDWEAPAKHMOT known as Trust#909 By:_ :�C7� Attest Title: 1 C�JS-t- U�� Cel Title: /¢%D State Bank of Geneva, not personally but as ��ATfA a. Trustee under Trust Agreement dated 2/4/03 f� MANDMADEAPARTHERE known as Trust#910 Attest(2_ � Title: .)5f-6-x �'� Title: A ]n Harris Trust& Savings Bank, not personallyto EXCUtatia�' R, but as Trustee under Trust Agreement dated — __.eder e��#SC�lrr 9/22/93 n LT-21 By: Attest-. Title: Cheryl Fair, Vice President & Title: G e r B succi, Investment Officer & SSr. Trust Officer Assoc. Portfolio Mgr. State of Illinois, SS. County of Kane I,the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that the person whose names are subscribed to this Annexation Agreement are personally know to me to be duly authorized officer of PINGREE CREEK, L.L.C" and that he appeared before me this day in personal and severally acknowledged that he signed and delivered this Annexation Agreement in writing as duly authorized officer of said corporation and caused the corporate seal to be affixed thereto pursuant to authority give by the Board of Directors of said corporation as their free and voluntary act, and as the free and voluntary act of said corporation for the uses and purposes therein set forth. Give under my hand and official seal this day of February, 2004, Commission expires: 1611, N ary Public -By SHODEEN MMQMaVf WTANY, Manager OFFICIAL SEAL LISA K SMITH NOTARY PUBLIC STATE OF ILLINOIS State of Illinois, MY COMMISSION EXP.MAR.232006 SS. County of Kane I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that the persons whose names are subscribed to this Annexation Agreement are personally know to me to be duly authorized officers of THE STATE BANK OF GENEVA,and that they appeared before me this day in personal and severally acknowledged that they signed and delivered this Annexation Agreement in writing as duly authorized officers of said corporation and caused the corporate seal to be affixed thereto pursuant to authority give by the Board of Directors of said corporation as their free and voluntary act, and as the free and voluntary act of said corporation for the uses and purposes therein set forth. Give under my hand and official seal this c—P day of February, 2004, Commission expires: Nesta Pu is Al OFFICIAL SE L IAL SE State of Illinois, LNOTARY LENE E RC?THWEL SS. PUBLIC,STATE OF ILLINOIS County of Kane MMISSION EXPIRES.05/01106 I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that the persons whose names are subscribed to this Annexation Agreement are personally know to me to be duly authorized officers of HARRIS TRUST AND SAVINGS BANK, and that they appeared before me this day in personal and severally acknowledged that they signed and delivered this Annexation Agreement in writing as duly authorized officers of said corporation and caused the corporate seal to be affixed thereto pursuant to authority give by the Board of Directors of said corporation as their free and voluntary act, and as the free and voluntary act of said corporation for the uses and purposes therein set forth. Give under my hand and official seal this 24th day of F ruary, 2004, Commission expires: 5/18/2004 '0 ary Pub!' rOFFiCTAI SEAT.:7 CONNIE !. WEIGHT Notary Public, State of Illinois COUNTY OF MANE E;;pirzs 5.18.200 EXCULPATORY RIDER This instrument is executed by the Harris Trust and Savings Bank as Trustee under the provisions of a Trust Agreement dated September 22, 1993, and known as Trust no. LT-2301, not personally, but solely as Trustee aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee. This instrument is executed and delivered by the Trust solely in the exercise of the powers expressly conferred upon the Trustee under the Trust and upon the written direction of the beneficiaries and/or holders of the power of direction of said Trust and Harris Trust and Savings Bank warrants that it possesses full power and authority to execute this instrument. It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the representations, warranties, covenants, undertakings and agreements herein made on the part of the trustee while in form purporting to be the said representations, warranties, covenants, undertakings and agreements of said Trustee are each and every one of them not made with the intention of binding Harris Trust and Savings Bank in its individual capacity, but are made and intended solely for the purpose of binding only that portion of the Trust property specifically described herein. No personal liability or personal responsibility is assumed by or nor shall at any time be asserted or enforceable against the Harris Trust and Savings Bank on account of any representations, Warranties, (including but not limited to any representations and/or warranties in regards to potential and/or existent Hazardous Waste) covenants, undertakings and agreements contained in the instrument, (including but not limited to any indebtedness accruing plus interest hereunder)either express or implied or arising in any way out of the 0 transaction in connection with which this instrument is executed, all such personal liability or responsibility, if any, being expressly waived and released, and any liability (including any and all liability for any violation under the Federal and/or State Environmental or Hazardous Waste laws) hereunder being specifically limited to the Trust assets, if any, securing this instrument. Any provision of this instrument referring to a right of any person to be indemnified or held harmless, or reimbursed by the Trustee for any costs, claims, losses, fines, penalties, damages, costs of any nature including attorney's fees and expenses, arising in any way out of the execution of this instrument or in connection thereto are expressly waived and released by all parties to and parties claiming, under this instrument. Any person claiming or any provision of this instrument referring to a right to be held harmless, indemnified or reimbursed for any and all costs, losses and expenses of any nature, in connection with the execution of this instrument, shall be construed as only a right of redemption out of the assets of the Trust. Notwithstanding anything in this instrument contained, in the event of any conflict between the body of this exoneration and the body of this instrument, the provisions of this paragraph shall control. Trustee being fully exempted, nothing herein contained shall limit the right of any party to enforce the personal liability of any other party to this instrument. conn NAP.ST 2300-R6196 GENERAL DOCUMENT EXONERATION RIDER • s-tCk_Ae aO-JIJ K r7Phis document is executed hyoCGjo-Nevc{, not personally but as Trustee under Trpst No. .20 as aforesaid, in the exercise of power and authority conferred on and vested in said Trustee as such,and it is expressly understood and agreed that notpjng In said document contained sliall be co!istrued as creating any liability on said Trustee personally to pay any indebtedness accruing llicrctipder, or to perform any covenants, either express or implied, includidg but not liii�itcd Co. iygi-fAptics, indemnifications; and hold-harmless rcpresepta(ions in said document (all such liability, if any, being cxliressly waived by the parties Hereto andtheir respective successors and assigns) and that so far as said Trustee is concerned, the owner of any indebtedness or right. accruing under said document shall look solely to the premises described therein for the payment or enforcement thereof, it being understood that said Trustee Merely holds legal title to (lie premises described therein and has no control over the management thereof or the Income therefrom, and has no knowledge respecting any factual matter With respect to Aaid preiglses, except as represented to It by the beneficiary or benefi_claries of said trust. In evenCoUeonflict between the terms of this rider and of the agreement to which it is attached,ori any questions of apparent*liability or obligation resting on said trustee, the provisions of this rider shall. be controlling. GENERAL DOCUMENT EXONERATION RIDER • 5-jeuic- ate,K G Ods document is executed by o4=GeNe m, not personally but as Trustee under Trust No. as aforesaid, in the exercise of power and authority conferred on and vested in said Trustee as such,apd it is expressly understood and agreed that nothing in said document contained shall Ue cotistrucd as creasing any liability on said Trustee personally to pay any indebtedness accruing llsrcupdcr, or to perforin any covenatlts, either cxp�ess or implied, includi►ig but not liiititcd lo. iygi-falities, iudcainificalions; and hold-harmless representations in said document (all such liability, if any, being expressly waived by the parties liereto and-their respective successors ani] assigils) and that so far as said 'Trustee is concerned, tl►e owner of any indebtedness or rigiit. accrui!ig under .said document shall look solely to the premises described therein for the payment or enforcement thereof, it being understood that said Trustee merely holds legal title to lite premises described ll►erein and has no control over the management thereof or the income therefrom, and has no knowledge respecting any factual matter With respect'to laid pretglses, except as represented to It by the beneficiary or beneficiaries of said trust. In event:of conflict between the terms of this rider and of the agreement to which it Is attached,on any questions of apparent'liability or 'obligation resting on sold trustee, the provisions o[this rider sl►all. be controlling. • GENERAL DOCUAIEN'r EXONERATION RIDER 1'liis document is executed byc)C-6e.Ne,tq, not personally but as Trustee under Trpst No. . 9 10 as aforesaid, in the exercise of power and authority conferred on and vested in said Trustee as such, and it is expressly paderstood and agrccd that notaing in said document contained shall be construed as creating any liability on said Trustee personally to pay any indebtedness accruing lls�'ctilidcr, or to perform any covenants, either express or implied, including but not liiiited to. wol-fautics, indetiinifications; and hold-harmless representations in said document (all such liability, if any, being expressly waived by the parties Hereto anti their respective successors aid assigils) and that so far as said Trustee is concerned, the owner of any Indebtedness or rigiit. accruing under .said document shall look solely to the premises described therein for the payment or enforcement thereof, it being understood that.said Trustee merely holds legal title to (lie 1)remises described therein and has no control over the management thereof or the income therefrom, and has no knowledge respecting any factual matter With respect to laid prcrgises, except as represented to It by the beneficiary or beneficiaries of said trust. In event:of conflict between the terms of this rider and of the agreement to which it is attached,on any questions of apparent*liability or obligation resting on said trustee, the provisions of this rider shall. be controlling. EXHIBITS Exhibit A: Legal Description of Subject Property Exhibit B : Annexation Plat Group Exhibit C : PSFR2 Zoning Ordinance, PCF Zoning Ordinance, PMFR Zoning Ordinance, PNB Zoning Ordinance and Resolution approving Preliminary Plat of Subdivision Exhibit D: Preliminary Plat of Subdivision Exhibit E : Master Concept Plan Exhibit F : Preliminary Engineering Plans Exhibit G: Pingree Creek Amendments to Subdivision Ordinance and Engineering and Construction Standards and Specifications Exhibit H : Easement Provisions • Exhibit I : Listing of Offsite Utility Easements Exhibit J: Schedule of Impact Fees and Contributions Exhibit K: Conceptual Plan for Park Improvements Exhibit L : Sanitary Sewer Routing Plan Exhibit M: Description of Subject Water Line Exhibit N: Building Elevations for Residential Structures Exhibit "A" D DONAHUE and THORNHILL, INC. PROFESSIONAL LAND SURVEYORS SUBDIVISION — INDUSTRIAL — FARMS 421927 TOPOGRAPHICAL — RESIDENTIAL — MORTGAGE LEGAL DESCRIPTIONS — MAPPING — RIGHT-OF-WAY 7 RICHARDS STREET February 13, 2304 GENEVA, ILLINOIS 60134 AREA 630-232-7418 FAX s 630-232-7626 LEGAL DESCRIPTION OF Pr"IGREE CREEK That part of the Southwest Quarter of Section 27, part of the East half of Section 33 and part of Section 34. Township 42 North. Range 7 East of the Third Principal kleridian described as follows: I,ornmencing at the most northerly comer of Lot .l, Block 3, Pingree Grove and Daniel Pingree's Addition to Pingree Grove. Dane County, Illinois; thence northeasterly along a line forming an anile of 63°2500" with the northwesterly extension of the northeasterly line of said Lot 1, 234.75 feet for a point of beginning; thence souihwesterN along the last described course 234.'5 feet to the northeast comer of said Lot 1: thence northwesterly along said northwesterly extension 66.0 feet; thence northeasterly along a line forming an angle of 116°35'00" with the last described course (measured counterclockwise therefrom) 17.89 feet to a line drawn parallel with and 16.0 feet northeasterly of the northeasterly line (measured at right angles thereto) of Bleck 2 of said Pingree Grove and Daniel Pingree',,, Addition to Pr•n92•ee Grove; thence northwesterly along said parallel line, being also 16.0 feet northeasterly of and parallel with the northeasterly line of Lots 1 through 4 of ivlr•s. H.M. Pingrec's Second Addition to Pingree Grove, Kane County, Illinois 652.04 feet to the northeasterly extension of the northwesterly line of said Lot 1; thence southwesterly along said northeasterly extension and northwesterly line forming an angle of 89°51'13` with the last described course (measured clockwise therefrom} 149.79 feet to the center line of Reinking Road; thence northerly along said center line forming are angle of 73°56'24° with the last described course (measured counterclockwise therefrom) 1931.32 feet to the center line of Highland Avenue: thence easterly along said center line forming an angle of 82°39'11„ with the last described course (ineasureet counterclockwise therefrom) 1770.58 feet to a line drawn parallel with and 792.0 feet (12.0 chains) easterly of the west line (measured at right angles thereto) of the Northwest Quarter Of said Section 34; thence northerly along said parallel line forming at.. angle of 9751`22" with the last described course (measured clockwise therefrom) 1878.47 feet to the north line of said Northwest Quarter; thence westerly along said north lune forming an angle of 89°44'39" with the last described coarse (measured clockwise therefrom) 33.01 feet to a line drawn parallel and with 759.0 feet (11.50 chains) easterly of the west line (measured at right angles thereto) of the Southwest Quarter of said Section 27; thence northerly along said parallel line forming an angle of 90°05'5'," with the last described course (measured counterclockwise therefrom) 1321.48 feet to the north lure of the South Half of said Southwest Quarter; thence easterly along said north line forming ail angle of 89°56'24" with the last described course (measured counterclockwise therefrom) 1888.88 feet to the northeast corner of said South Half: thence southerly along the east line of said South Half forming an angle of 89°54'51" with the last described course (measured counterclockwise therefrom) 1322.76 feet to the northwest comer of the Northwest Quarter of the Northeast Quarter of said Section 34; thence easterly along the north Iine of the Northwest Quarter Page I;ebruary 13. 2004 i ,egal Description of Pingree Creek of said Northeast Quarter f6rining an angle of 89°44'42" with the last described course (measured clockwise therefrom) 1316.18 feet to the northeast corner thereof; thence southerly along the cast line of the Northwest Quarter of said Northeast Quarter forming an angle of 89120109" with the last described course (measured counterclockwise therefrom) 1318.91 feet to the southeast corner thereof; thence westerly along the south line of the Northwest Quarter of said Northeast Quarter forming an angle of 90'36'43" with the last described course (measured counterclockwise therefrom) 1314.44 feet to the southwest corner thereof; thence southerly' along the east line of the West Half of said Section 34 forming an angle of 9092'14" with the last described course (measured clockwise therefrom) 3961.27 feet to the southeast corner of said West Half_; thence westerly: along the south line of said West Half forming an angle of 90°26'34" with the last described course (measured counterclockwise therefrom) 1407.76 feet to the northeasterly lune of the right of way of the Soo Line Railroad (fo=_mercy Chicago, A-lilwaukee, St.Paul and Pacific Railroad Company); thence northwesterly along said northeasterly line forming an angle of 158°41'36" with the last described course (measured counterclockwise therefrom) 694.07 feet to a line drawn parallel with the northeasterly lune of said Pingree grove and Daniel Pinuee's Addition to Pingree Grove from the point of beginning; thence northwesterly along said parallel line forming an angle of 142'06'21" with the last -described course (measured counterclockwise therefrom) 808.28 feet to the point of beginning, excepting therefrom that part of the Southeast Quarter of said Section 33 described as follows: Commencing at the most northerly corner of Lot 1, Block 3 of said Pingree Grove and Daniel Pingree's Addition to Pingree Grove; thence nordiwesterly along the northwesterly extension of the northeasterly line of said Lot 1, 66.0 feet; thence northeasterly along a lime forming an angle of 116°35'00" with the last described course (measured counterclocktvise therefrom) 17.89 feet to a line drawn parallel with and 16.0 feet northeasterly of the northeasterly line (measured at tight angles thereto) of Bloc'--. 2 of said Pingree Grove and Daniel Pingree's Addition to Pingree Grove; thence northwesterly along said parallel line, being also 16.0 feet northeasterly of and parallel with the northeasterly line of Lots 1 through 4 of said Mrs. H. ;L,. Pingree's Second Addition to Pingree Grove 652.04 feet to the northeasterly extension of the northwesterly line of said Lot l; thence southwesterly along said northeasterly extension and northwesterly line forming an angle of 89'51'13" with the last described course (measured clockwise therefrom 149.79 feet to the center line of Reinking Road for a point of beginning; thence northerly along said center line forming an angle of 7356'24" with the last described course (measured counterclockwise therefrom) 165.55 feet to the northwest corner of a tract of land conveyed by Document 1991347; thence easterly along the northerly line of said tract at right angles to said center line 1.54.36 feet to the northeast corner thereof-, thence southerly along an easterly line of said tract forming an angle of 89°07'01" with the List described course (measured counterclockwise therefrom) 81.47 feet; thence southerly along an easterly line of said tract forming an angle of 169'09'46" with the last described course (measured counterclockwise therefrom) 39.66 feet: thence southwesterly along the southeasterly line of said tract 151.94 feet to the point of beginning, all in Rutland Township; Kane County, Illinois, together with that Part of Highland Avenue arid Reinking Road lying northerly and westerly of, respectively, and adjoining the foregoing, Page 3 Februan! 13, 2004 Legal Description of Pingree Creek and also; those parts of Section 2 and Part of tate East Half of Section 3. Township 41 North, Range 7 East of the Third Principal Meridian described as follows: Beginning at the northwest comer of the Northeast Fractional Quarter of said Section 2; thence East along the north line, of said Northeast Fractional Quarter 378.84 feet (5.74 (.hains); thence South 8°00' East 3693.74 feet to the south line of said Section 2; thence wosterly along said south line 3572.66 feet to the southwest corner of said Section 2: thence westerly along the south line of said Section 3. 1664.46 feet to the west line of the East 20 rods (330.0 feet) of the West Half of the East Half of said Section 3; thence northerly along said west line of the East 20 rods 2718.68 feet to the center titre of U.S. Route No. 20; thence northeasterly along said center line 1993.74 feet to the westerly line of Grove Street in Daniel Pingree's .=addition to Pingree Grove extended northerly; thence southerly along said extended westerly line and the westerly tine of said Grove Street 198.19 feet to the southwest corner of said Grove Street; thence northeasterly along a southeasterly line of said Grove Street and the southeasterly line of Block 4 in said Daniel Pingree's Addition 889.64 feet to the center line of State Street in said Daniel Pingree's Addition; thence northwesterly along the center line of said State Street 287.21 feet to a point on tate southerly line extended of premises conveyed to John H. Kelley by QuitClaim Deed dated November 15, 1890, and recorded January 14, 1891, as Document 34606. in Book 296. Page 19; thence northeasterly along said extended southerly line. the southerly line of said premises, and said southerly line extended 323.62 feet to the north line of the Northwest Fractional Quarter of said Section 2; thence easterly along said north 'line 1090.34 feet to the point of beginning, excepting therefrom that part thereof falling within the right of way of the Soo Line Railroad (formerly Chicago, lklilwaukee, St. Paul and Pacific Railroad Company), in the Village of Pingree Grove and Plato Township, Kane County, Illinois, and also including; Lot I and the Easterly Half of Lot 2 in Block 4 of Daniel Pingree's Addition to Pingree Grove, Kane County, Illinois, in the Village of Pingree Grove, Kane County, Illinois, excepting from all of the foregoing described property those portions thereof currently falling within the Village of Pingree Grove corporate limits. as identified in Document No. 89197 recorded on April 26, 1907 at the Recorders Office in Kane County, Illinois. IT e" �1. opiE"e6�ee4eNNe .S......e §'S"vej* 'Nmsom";eYom`em o,ro a •^`^�2F84s"'p$23 `°aa'm4'nY�g, hN omSgBq;.'"BYo+'S88N�S:3:�w'omE � in ��'. cxtl; 83"in e Qig 3 s m' 8S S � xR ^ ,'•" EXHIBIT C Ordinance No.G20-04 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (STANDARD LOT NEIGHBORHOOD) (Pingree Creek Subdivision) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory as a Planned Development 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: 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 (Standard Lot Neighborhood), the following described areas within the project area: Those areas on the attached Pingree Creek Zoning Map, prepared by Otis Koglin Wilson, dated February 17, 2004, designated as 60'x 100'and 80'x 100' lots. Section 2. That the development of the PSFR2 Planned Single Family Residence District (Standard Lot Neighborhood) as described in Section i shall be developed subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district (Standard Lot Neighborhood) is to provide a planned urban residential environment of standardized medium density for single family detached dwellings. 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, and the terms, conditions and provisions of that certain Annexation Agreement dated as of February 25, 2004 between the City of Elgin and Pingree Creek, L.L.C., as amended (the "Annexation Agreement'). In the event of any conflicts or inconsistencies between the provisions of the Annexation Agreement and the provisions of this Ordinance, the provisions of the Annexation Agreement shall be controlling. 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, and the provisions of the Annexation Agreement. E. Location and Size of District. This PSFR2 zoning district should be located in substantial conformance to the official comprehensive plan. 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" [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] (UNCL). 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). -2- 12. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SRI (UNCL). Miscellaneous Uses Division. 13. "Fences and walls" [SRI (UNCL). 14. "Signs" [SRI (UNCL), subject to the provisions of Chapter 19.50, Signs, of the Elgin Zoning Ordinance. 15. "Temporary uses" [SRI (UNCL). 16. "Accessory structures" [SRI (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" [SRI (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 uses [SRI shall be the only land uses allowed as a conditional use [SRI in this PSFR2 zoning district: Residences Division. 1. "Conditional residential occupations" [SRI (UNCL). Municipal Services Division. 2. "Municipal facilities" [SRI (UNCL) on a zoning lot containing less than two acres of land. Transportation, Communication, and Utilities Division. 3. "Amateur radio antennas" [SRI (UNCL). 4. "Commercial antennas and antenna structures mounted on existing structures" [SRI (UNCL). 5. "Commercial antenna tower" [SRI (UNCL) 6. "Other radio and television antennas" [SRI (UNCL). 7. "Other satellite dish antennas" [SRI (UNCL). 8. "Pipelines, except natural gas" (461). 9. "Railroad tracks" (401). 10. "Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SRI (UNCL). Miscellaneous Uses Division. 11. "Planned developments" [SRI (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" [SRI (UNCL) to the conditional uses allowed in this PSFR2 Planned Single Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. -3- 13. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PSFR2 Single Family Residence District, subject to the provisions of Section 19.10.400, Component Land Uses. G. Site Design - In this PSFR2 zoning district (Standard Lot Neighborhood), the use and development of land and structures and the site design regulations shall be as provided in Chapter 19.12, Site Design, of the Elgin Municipal Code, 1976, as amended, and as provided in this Ordinance and in the Annexation Agreement. In this PSFR2 zoning district, the use and development of land and structures shall also be subject to the following conditions: 1. General conformance with the Preliminary Plat booklet for Pingree Creek, prepared by Shodeen Inc., Otis Koglin Wilson Architects, and Sheaffer and Roland, Inc., dated January 28, 2004, including the following: a. Pingree Creek (Data Table), prepared by Otis Koglin Wilson, dated January 12, 2004. b. Preliminary Plat of Pingree Creek, prepared by Donahue and Thornhill, Inc., dated January 13, 2004. C. Village Neighborhood Vignettes (2 of 2), prepared by Otis Koglin Wilson, dated January 12, 2004. d. Pingree Creek Wayfinding Sign Plan, prepared by Otis Koglin Wilson, dated January 27, 2004. e. Pingree Creek Subdivision Preliminary Engineering (8 of 8), prepared by Sheaffer & Roland, hie., dated January 13, 2004. f. Pingree Creek Design Principles and Applications, dated January 28, 2004. g. Homes on 80' x 100' Lots (Abbey, Brickenhall, Fieldstone, Fowler, Franklin, Franklin XL, Kendall, Remington, Thomdale, Trenton, Westchester), dated January 28, 2004. h. Homes on 60' x 100' Lots (Armstrong II, Chapman, Fabyan, Haller, Hampton, Parker, Payton, Shannon), dated January 28, 2004. i. Pingree Creek Single Family Home Landscaping, January 28, 2004. 2. Compliance with the provisions of the "Covenants, Conditions and Restrictions for Single Family Homes to be Constructed in Pingree Creek" as such document may be completed and amended as agreed to by the owner of the subject property and the Community Development Manager. 3. Additional building elevations for residential structures to be constructed on the Subject Property may be authorized and approved by the city's Community Development Manager so long as any such additional building elevations are otherwise in compliance with the terms and provisions of this ordinance, the -4- private covenants for the Subject Property, and the annexation agreement for the Subject Property. In the event the owner of the subject property proposes development of a phase or phases of the development which are not in general conformance with the foregoing listed site design conditions, the owner shall be required to submit a development plan to the city for review by the Planning and Development Commission and approval by the City Council. H. 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. I. Off -Street Loading. In this PSFR2 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 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 administrator may require, and may approve signs, including temporary model home and sales office signs and signs for uses associated therewith and for directions thereto, not otherwise provided by this title in support of the development. K. 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. L. Planned Developments. In this PSFR2 zoning district, 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. M. 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 otherproperty owners in this PSFR2 zoning district authorize such an application. N. 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 -5- 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. 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, and the provisions of the Annexation Agreement. P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 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: Published: Attest: Dolonna Mecum, City Clerk FALegal Dept\Ordinances\ZoneProp-Pingree Creek-PSFR2-Standard Lot -Pet 04-04-TA.doe I, a y 51 nn�f �.. s v t . m \ i Y, 't 3 '31.a EXHIBIT C Ordinance No. G21-04 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (NARROW LOT NEIGHBORHOOD) (Pingree Creek Subdivision) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory as a Planned Development 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: 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 (Narrow Lot Neighborhood), the following described areas within the project area: Those areas on the attached Pingree Creek Zoning Map, prepared by Otis Koglin Wilson, dated February 17, 2004, designated as 30'x 100', 40'x 100', and 50'x 100' lots. Section 2. That the development of the PSFR2 Planned Single Family Residence District (Narrow Lot Neighborhood) 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 (Narrow Lot Neighborhood) is to provide a planned urban residential environment of standardized high density for single family attached (duplexes and townhomes) and single family detached dwellings. The PSFR2 District is most similar to, but departs from the standard requirements of the SFR2 Single Family Residential District, the TFR Two Family District, and the MFR Multiple Family Residence District. -1- 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, and the terms, conditions and provisions of that certain Annexation Agreement dated as of February 25, 2004 between the City of Elgin and Pingree Creek, L.L.C., as amended (the "Annexation Agreement"). In the event of any conflicts or inconsistencies between the provisions of the Annexation Agreement and the provisions of this Ordinance, the provisions of the Annexation Agreement shall be controlling. 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, and the provisions of the Annexation Agreement. E. Location and Size of District. This PSFR2 zoning district should be located in substantial conformance to the official comprehensive plan. 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 [SRI shall be the only land uses allowed as a permitted use [SR] in this PSFR2 District: Residence Division. 1. "Single family detached dwellings" [SR] (UNCL). 2. "Two-family dwellings" [SR] (UNCL). 3. "Attached dwellings" [SRI (UNCL). 4. "Residential garage sales" [SR] (UNCL). 5. "Residential occupations" [SRI (UNCL). 6. "Residential outdoor storage of firewood" [SR] (UNCL). 7. "Residential parking areas" [SR] (UNCL). Finance, Insurance, and Real Estate Division. 8. "Development sales office" [SR] (UNCL). Services Division. 9. "Family residential care facility" [SR] (8361). 10. "Home child day care services" [SR] (8351). Construction Division. 11. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication, and Utilities Division. 12. "Radio and television antennas" [SR] (UNCL). -2- 13. "Satellite dish antennas" [SR] (UNCL). 14. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 15. "Fences and walls" [SR] (UNCL). 16. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs, of the Elgin Zoning Ordinance. 17. "Temporary uses" [SR] (UNCL). 18. "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. 19. "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 uses [SR] shall be the only land uses allowed as a conditional 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 lot 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] (UNCL) 6. "Other radio and television antennas" [SR] (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 PSFR2 Planned Single Family Residence District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. -3- 13. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this A PSFR2 Single Family Residence District, subject to the provisions of Section 19.10.400, Component Land Uses. G. Site Design - In this PSFR2 zoning district (Narrow Lot Neighborhood), the use and development of land and structures and the site design regulations shall be as provided in Chapter 19.12, Site Design of the Elgin Municipal Code, 1976, as amended, and as provided in this Ordinance, and in the Annexation Agreement. In this PSFR2 zoning district, the use and development of land and structures shall also be subject to the following conditions: General conformance with the Preliminary Plat booklet for Pingree Creek, prepared by Shodeen Inc., Otis Koglin Wilson Architects, and Sheaffer and Roland, Inc., dated January 28, 2004, including the following: a. Pingree Creek (Data Table), prepared by Otis Koglin Wilson, dated January 12, 2004. b. Preliminary Plat of Pingree Creek, prepared by Donahue and Thornhill, Inc., dated January 13, 2004. C. Village Neighborhood Vignettes (2 of 2), prepared by Otis Koglin Wilson, dated January 12, 2004. d. Pingree Creek Wayfinding Sign Plan, prepared by Otis Koglin Wilson, dated January 27, 2004. e. Pingree Creek Subdivision Preliminary Engineering (8 of 8), prepared by Sheaffer & Roland, Inc., dated January 13, 2004. f. Pingree Creek Design Principles and Applications, dated January 28, 2004. g. Homes on 50' x 100' Lots (Ashton, Bayberry, Biltmore, Chadsworth, Clyboum, Everleigh, Gates, Mapleton), dated January 28, 2004. h. Homes on 40' x 100' Lots (Armstrong, Chapman, Haller, Madison, Parker), dated January 28, 2004. i. Homes on 30' x 100' Lots (Alexander, Charlotte, Denver, Flagstaff, Potomac), dated January 28, 2004. j. Pingree Creek Single Family Home Landscaping, January 28, 2004. 2. Compliance with the provisions of the "Covenants, Conditions and Restrictions for Single Family Homes to be Constructed in Pingree Creek" as such document may be completed and amended as agreed to by the owner of the subject property and the Community Development Manager. 3. Additional building elevations for residential structures to be constructed on the Subject Property may be authorized and approved by the city's Community Development Manager so long as any such additional building elevations are otherwise in compliance with the terms and provisions of this ordinance, the IZiO private covenants for the Subject Property, and the annexation agreement for the Subject Property. 4. The blending of thirty (30) foot, forty (40) foot and fifty (50) foot lots within neighborhoods shall be permitted as long as the resulting densities are within the total density provided for in the Preliminary Plat of Pingree Creek referred to above. In the event the owner of the subject property proposes development of a phase or phases of the development which are not in general conformance with the foregoing listed site design conditions, the owner shall be required to submit a development plan to the city for review by the Planning and Development Commission and approval by the City Council. H. 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. I. Off -Street Loading. In this PSFR2 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 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 administrator may require, and may approve signs, including temporary model home and sales office signs and signs for uses associated therewith and for directions thereto, not otherwise provided by this title in support of the development. K. Amendments. In this PSFR2 zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. Atext 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. L. Planned Developments. In this PSFR2 zoning district, 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. M. 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 -5- this PSFR2 zoning district and without necessitating that all other property owners in this PSFR2 zoning district authorize such an application. N. Variations. Any of the requirements of this ordinance maybe varied bypetition 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 maybe 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. 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 Rlinois, and the provisions of the Annexation Agreement. P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 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: Published: Attest: Dolonna Mecum, City Clerk EXHIBIT C Ordinance No. G22-04 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (Pingree Creek Subdivision) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory as a Planned Development 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: 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 areas within the project area: Those areas on the attached Pingree Creek Zoning Map prepared by Otis Koglin Wilson, dated February 17, 2004, designated as school, park, greenspace, and wetland. 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. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for profit or on a not for profit basis. 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, and the terms, conditions and provisions of that certain Annexation Agreement dated as of February 25, 2004 between the City of Elgin and Pingree Creek, L.L.C., as amended (the "Annexation Agreement'). In the event of any conflicts or inconsistencies between the provisions of the Annexation Agreement and the provisions of this Ordinance, the provisions of the Annexation Agreement shall be controlling. 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, and the provisions of the Annexation Agreement. E. Location and Size of District. This PCF zoning district should be located in substantial conformance to the official comprehensive plan. F. 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: Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in the CF Community Facility District: Municipal Services Division. 1. "Municipal facilities" [SR] (UNCL). 2. 'Public parks, recreation, open space" [SR] (UNCL). Public Administration Division. 3. Public administration (J). 4. Justice, public order, and safety (92). Finance, Insurance, and Real Estate Division. 5. "Development sales office" [SR] (UNCL). Services Division. 6. Elementary and secondary schools (821). 7. Museums, art galleries and botanical and zoological gardens (841). 8. Public Libraries (823). -2- Construction Division. 9. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication and Utilities Division. 10. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 11. "Radio and television antennas" [SR] (UNCL). 12. "Satellite dish antennas" [SR] (UNCL). 33. Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 14. "Fences and walls" [SR] (UNCL). 15. Loading facilities" [SR] (UNCL), exclusively "accessory' [SR], subject to the provisions of Chapter 19.47, Off Street Loading. 16.. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 17. "Parking structures" [SR] (UNCL), exclusively "accessory' [SR] to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 18. "Refuse collection area" [SR]. 19. "Storage Tanks" [SR] (UNCL). 20. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 21. "Temporary uses" [SR] (UNCL). 22. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 23. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. Conditional Uses. The following enumerated land uses shall be the only land uses allowed as a conditional use in this PCF Community Facility District: Services Division. 1. Arenas, sports fields, and stadiums (UNCL). 2. Child day care services (835). 3. "histitutional child day care services" [SR] (8351). 4. Job training and vocational rehabilitation service. 5. Social services not elsewhere classified (839). 6. Sporting and recreational camps (7032). Transportation, Communication and Utilities Division. 7. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 8. "Conditional Commercial Antenna Tower" [SR] (UNCL). 9. Electric power generation (UNCL). -3- 10. Local and suburban passenger transportation operators (411). 11. Local and suburban transit and interurban highway passenger transportation facilities for passenger boarding (417). 12. "Other radio and television antennas" [SR] (UNCL). 13. "Other satellite dish antennas" [SR] (UNCL). 14. Pipelines, except natural gas (461). 15. Refuse systems (4953). 16. "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Miscellaneous Uses Division. 17. "Master signage plan" [SR], subject to the provisions of Chapter 19.50, Signs. 18. 'Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45, Off -Street Parking. 19. 'Parking structures" [SR] (UNCL). 20. 'Planned developments" [SR] on a "zoning lot" [SR] containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments. 21. Accessory structures" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 22. "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 and the site design regulations shall be as provided in Chapter 19.12, Site Design, of the Elgin Municipal Code, 1976, as amended, and as provided in this Ordinance, and in the Annexation Agreement. In this PCF zoning district, the use and development of land and structures shall also be subject to the following condition: 1. General conformance with the Preliminary Plat booklet for Pingree Creek, prepared by Shodeen Inc., Otis Koglin Wilson Architects, and Sheaffer and Roland, Inc., dated January 28, 2004, including the following: a. Pingree Creek (Data Table), prepared by Otis Koglin Wilson, dated January 12, 2004. b. Preliminary Plat of Pingree Creek, prepared by Donahue and Thornhill, hie., dated January 13, 2004. C. Village Neighborhood Vignettes (2 of 2), prepared by Otis Koglin Wilson, dated January 12, 2004. -4- d. Pingree Creek Wayfinding Sign Plan, prepared by Otis Koglin Wilson, dated January 27, 2004. e. Pingree Creek Subdivision Preliminary Engineering (8 of 8), prepared by Sheaffer & Roland, Inc., dated January 13, 2004. f. Pingree Creek Design Principles and Applications, dated January 28, 2004. In the event the owner of the subject property proposes development of a phase or phases of the development which are not in general conformance with the foregoing listed site design conditions, the owner shall be required to submit a development plan to the city for review by the Planning and Development Commission and approval by the City Council. 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. I 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. The development administrator may require, and may approve signs not otherwise provided by this title in support of the development. 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 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 PCF zoning district authorize such an application. L. Planned Developments. In this PCF District, 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. -5- N. Variations. In this PCF 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, and the provisions of the Annexation Agreement. P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. Presented: February 25, 2004 Passed: Vote: Yeas Nays: Recorded: Published: Attest: Dolonna Mecum, City Clerk -6- Ed Schock, Mayor r rQ>a> rvlc � t r x �Y Q 0 OE rQ>a> rvlc � t r x �Y EXHIBIT C Ordinance No.G23-04 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT (Pingree Creek Subdivision) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory as a PMFR Planned Development 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: The boundaries herein before laid out in the `Zoning District Map', as amended, be and are hereby altered by including in the PMFR Planned Multiple Family Residence District, the following described areas within the project area: Those areas on the attached Pingree Creek Zoning Map, prepared by Otis Koglin Wilson, dated February 17, 2004, designated as multi -family (18 units/acre). Section 2. That the City Council of the City of Elgin hereby grants the PMFR Planned Multiple Family Residential District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PMFR zoning district is to provide a planned urban residential environment for multiple family dwellings. The PMFR District is most similar to, but departs from the standard requirements of, the MFR Multiple 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 PMFR 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, and the terms, conditions and provisions of that certain Annexation Agreement dated as of February 25, 2004 between the City of Elgin and Pingree Creek, L.L.C., as amended (the "Annexation Agreement'). In the event of any conflicts or inconsistencies between the provisions of the Annexation Agreement and the provisions of this Ordinance, the provisions of the Annexation Agreement shall be controlling. D. Zoning Districts -Generally. In this PMFR 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, and the provisions of the Annexation Agreement. E. Location and Size of District. This PMFR zoning district should be located in substantial conformance to the official comprehensive plan. F. Land Use. In this PMFR 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 PMFR District: Residence Division. 1. "Multiple family 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). 6. "Residential storage" [SR] (UNCL). 7. "Residential storage of trucks or buses" [SR] (UNCL). Municipal Services Division. 8. Public parks, recreation, open space (UNCL) on a "zoning lot' [SR] containing less than two acres of land. Finance, Insurance, and Real Estate Division. 9. "Development sales office" [SR] (UNCL). Services Division. 10. "Family residential care facility" [SR] (8361). 11. "Home child day care services" [SR] (8351). 12. "Residential Care Facility" [SR] Construction Division. 13. "Contractors office and equipment areas" [SR] (UNCL). -2- Transportation, Communication, and Utilities Division. 14. "Amateur radio antennas" [SRI (UNCL). 15. "Commercial antennas and antenna structures mounted on existing structures" [SRI (UNCL). 16. "Radio and television antennas" [SRI (UNCL). 17. "Satellite dish antennas" [SRI (UNCL). 18. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SRI (UNCL). Miscellaneous Uses Division. 19. "Fences and walls" [SRI (UNCL). 20. "Parking lots" [SRI (UNCL), exclusively "accessory' [SRI, subject to the provisions of Chapter 19.45, Off Street Parking. 21. "Refuse collection area" [SRI 22. "Signs" [SRI (UNCL), subject to the provisions of Chapter 19.50, Signs. 23. "Temporary uses" [SRI (UNCL). 24. "Accessory structures" [SRI (UNCL) to the permitted uses allowed in this PSFRl Planned Single Family Residence District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 25. "Accessory uses" [SRI (UNCL) to the permitted uses allowed in this PSFRI Planned Single Family Residence District, subject to the provisions of Section 19.20.400, Component Land Uses. In this PMFR 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" [SRI shall be the only land uses allowed as a "conditional use" [SRI in this PMFR zoning district: Residences Division. 1. Conditional residential occupations" [SRI (UNCL). Municipal Services Division. 2. Municipal facilities" [SRI (UNCL) on a zoning lot containing less than two acres of land. Transportation, Communication, and Utilities Division. 3. "Conditional commercial antennas and antenna structures mounted on existing structures" [SRI (UNCL). 4. "Conditional commercial antenna tower" [SRI (UNCL) 5. "Other radio and television antennas" [SRI (UNCL). 6. "Other satellite dish antennas" [SRI (UNCL). 7. "Pipelines, except natural gas" (461). 8. "Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SRI (UNCL). Miscellaneous Uses Division. 9. "Master signage plan" [SRI, subject to the provisions of Chapter 19.50, Signs. 10. "Parking structures" [SRI (UNCL), exclusively "accessory' [SR). -3- 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. 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" [SR] (UNCL) to the conditional uses allowed in this PSFRI Single Family Residence District, subject to the provisions of Section 19.10. 400, Component Land Uses. G. Site Design - In this PMFR zoning district, the use and development of land and structures and the site design regulations shall be as provided in Chapter 19.12, Site Design, of the Elgin Municipal Code, 1976, as amended, and as provided in this Ordinance, and in the Annexation Agreement. In this PMFR zoning district, the use and development of land and structures shall also be subject to the following conditions: General conformance with the Preliminary Plat booklet for Pingree Creek, prepared by Shodeen Inc., Otis Koglin Wilson Architects, and Sheaffer and Roland, Inc., dated January 28, 2004, including the following: a. Pingree Creek (Data Table), prepared by Otis Koglin Wilson, dated January 12, 2004. b. Preliminary Plat of Pingree Creek, prepared by Donahue and Thornhill, Inc., dated January 13, 2004. C. Village Neighborhood Vignettes (2 of 2), prepared by Otis Koglin Wilson, dated January 12, 2004. d. Pingree Creek Wayfinding Sign Plan, prepared by Otis Koglin Wilson, dated January 27, 2004. e. Pingree Creek Subdivision Preliminary Engineering (8 of 8), prepared by Sheaffer & Roland, Inc., dated January 13, 2004. f. Pingree Creek Design Principles and Applications, dated January 28, 2004. In the event the owner of the subject property proposes development of a phase or phases of the development which are not in general conformance with the foregoing listed site design conditions, , the owner shall be required to submit a development plan to the city for review by the Planning and Development Commission and approval by the City Council. H. Off-street Parking. In this PMFR 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. -4- I. Off-street Loading. In this PMFR 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 PMFR zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended. The development administrator may require, and may approve signs, including temporary model home and sales office signs and signs for uses associated therewith and for directions thereto, not otherwise provided by this title in support of the development. K Amendments. In this PMFR 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 PMFR zoning district authorize such an application. L. Planned Developments. In this PMFR zoning district, 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 PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. M. Conditional Uses. In this PMFR 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 PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. N. 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 PMFR zoning district and without necessitating that all other property owners in this PSFRI 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, the Plat Act of the State of Illinois, and the provisions of the Annexation Agreement. P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin Municipal Code, 1976, as amended. -5- Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. Presented: February 25, 2004 Passed: Vote: Yeas Nays: Recorded: Published: Attest: Dolonna Mecum, City Clerk Ed Schock, Mayor 0 EXHIBIT C Ordinance No. G24-04 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT (Pingree Creek Subdivision) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory as a Planned Development 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: The boundaries herein before laid out in the `Zoning District Map', as amended, be and are hereby altered by including in the PNB Planned Neighborhood Business District, the following described areas within the project area: Those areas on the attached Pingree Creek Zoning Map prepared by Otis Koglin Wilson, dated February 17, 2004, designated as commercial, Metra station, and Metra parking. Section 2. That the City Council of the City of Elgin hereby grants the PNB Planned Neighborhood Business District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PNB zoning district is to provide a planned environment for commercial• areas supplying daily convenience commodities and services to neighborhood and commuter populations, subject to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. The PNB Districts are most similar to, but depart from the standard requirements of the NB zoning district. -1- 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 PNB 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, and the terms, conditions and provisions of that certain Annexation Agreement dated as of February 25, 2004 between the City of Elgin and Pingree Creek, L.L.C., as amended (the "Annexation Agreement'). In the event of any conflicts or inconsistencies between the provisions of the Annexation Agreement and the provisions of this Ordinance, the provisions of the Annexation Agreement shall be controlling. D. Zoning Districts - Generally. In this PNB 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, and the provisions of the Annexation Agreement. E. Location and Size of District. This PNB zoning district should be located in substantial conformance to the official comprehensive plan. F. Land Use. In this PNB 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 PNB zoning district: Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in the PNB Planned Neighborhood Business District: Residences Division. 1. "Upper floor apartment dwellings" [SR] (UNCL). Municipal Services Division. 2. "Municipal facilities" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land. Offices Division. 3. "Offices" [SR] (UNCL). Finance, Insurance, and Real Estate Division. 4. "Development sales offices" [SR] (UNCL). 5. "Finance, insurance, and real estate" (H). Services Division. 6. "Advertising" (731). -2- 7. "Automotive renting and leasing without drivers" (751). 8. "Barbershops" (724). 9. "Beauty shops" (723). 10. "Bed and breakfast inns" [SR] (7011). 11. "Commercial, economic, sociological and educational research" (8732). 12. "Commercial, physical, and biological research" (8731). 13. "Computer programming, data processing and other computer-related services" (737). 14. "Computer rental and leasing" (7377). 15. "Dance studios and schools" (791). 16. "Detective and guard services" (7381). 17. "Electrical and electronic repair shops" (7629). 18. "Engineering, accounting, research, management and related services" (87). 19. "Funeral service" (726). 20. "Garment pressing, and agents for laundries and dry cleaners" (7212). 21. "Home health care services" (808). 22. "Laundry collecting and distributing outlets" (7211). 23. "Legal services" (811). 24. "Libraries" (823). 25. "Mailing, reproduction, commercial art and photography, and stenographic services" (733). 26. "Management and public relations services" (874). 27. "Medical and dental laboratories" (807). 28. "Membership organizations" (86). 29. "Membership sports and recreation clubs" (7997). 30. "Miscellaneous personal services not elsewhere classified" (7299). 31. "News syndicates" (7383). 32. "Noncommercial research organizations" (8733). 33. "Offices and clinics of dentists" (802). 34. "Offices and clinics of doctors of medicine" (801). 35. "Offices and clinics of doctors of osteopathy" (803). 36. "Offices and clinics of other health practitioners" (804). 37. "Other schools and educational services" (829). 38. "Personnel supply services" (736). 39. "Photofinishing laboratories" (7384). 40. "Photographic studios, portrait" (722). 41. "Physical fitness facilities" (7991). 42. "Professional sports operators and promoters" (7941). 43. "Radio and television repair shops" (7622). 44. "Security systems services" (7382). 45. "Shoe repair shops and shoeshine parlors" (725). 46. "Tax return preparation services" (7291). 47. "Videotape rental" (784). 48. "Vocation schools" (824). -3- 49. "Watch, clock and jewelry repair" (763). Retail Trade Division. 50. "Apparel and accessory stores" (56). 51. "Building materials, hardware and garden supply" (52). 52. "Carryout restaurants" (5812). 53. "Catalog and mail-order houses" (5961). 54. "Direct selling establishments" (5963). 55. "Drugstores and proprietary stores" (591). 56. "Eating places" (5812). 57. "Florists" (5992). 58. "Food stores" (54). 59. "General merchandise stores" (53). 60. "Home furniture, furnishings and equipment stores" (57). 61. "Miscellaneous retail stores not elsewhere classified" (5999). 62. "Miscellaneous shopping goods stores" (594). 63. "News dealers" (5994). 64. "Optical goods stores" (5995). 65. "Tobacco stores" (5993). Agricultural Division. 66. "Farm labor and management services" (076). 67. "Greenhouses for floral products," exclusively "accessory" [SRI to a use allowed in the zoning district (0181). 68. "Landscape counseling and planning" (0781). Construction Division. 69. "Contractor's office and equipment areas" [SRI (UNCL). Manufacturing Division. 70. "Commercial printing occupying less than five thousand (5,000) square feet of gross floor area" (2752). Transportation, Communication and Utilities Division. 71. "Amateur radio antennas" [SRI (UNCL). 72. "Arrangement of passenger transportation" (472). 73. "Arrangement of transportation of freight and cargo" (473). 74. "Branch United States post offices" (4311). 75. "Bus charter service operators' offices" (414). 76. "Cable and other pay television services" (484). 77. "Commercial antennas and antenna structures mounted on existing structures" [SRI (UNCL). 78. "Communication services not elsewhere classified" (489). 79. "Intercity and rural bus transportation operators' offices" (413). 80. "Local and suburban passenger transportation operators' offices" (411). 81. "Radio and television antennas" [SRI (UNCL). 82. "Radio and television broadcasting stations" (483). 83. "Railroad operators' offices" (401). 84. "Commuter railroad station" (401). -4- 85. "Satellite dish antennas" [SRI (UNCL). 86. "School bus operators' offices" (415). 87. "Taxicab operators' offices" (412). 88. "Telegraph and other message communications" (482). 89. "Telephone communications" (481). 90. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals, vaults, pipes, mains, and valves" [SRI (UNCL). Miscellaneous Uses Division. 91. "Planned developments" [SRI (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. 92. "Accessory structures" [SRI (UNCL) to the conditional uses,allowed in this PNB Planned Neighborhood Business District, subject to the provisions of Chapter 19.12.500, Accessory structures and Buildings. 93. "Accessory uses" [SRI (UNCL) to the conditional uses allowed in this PNB Planned Neighborhood Business District, subject to the provisions of Section 19.10.400, Component Land Uses. Conditional Uses. The following enumerated land uses shall be the only land uses allowed as a conditional use in this PNB Planned Neighborhood Business District: Municipal Services Division. 1. "Municipal facilities" [SRI on a zoning lot [SRI containing less than two (2) acres of land. Public Administration Division. 2. "Public administration" (J) on a zoning lot containing less than two (2) acres of land. Finance, Insurance, and Real Estate Division. 3. "Check -cashing agencies" (6099). Services Division. 4. "Billiard parlors" (7999). 5. "Bingo parlors" (7999). 6. "Car washes" [SRI (7542). 7. "Child daycare services" (835). 8. "Coin-operated amusement establishments" (7993). 9. "Home child daycare services" [SRI (8351). 10. "Individual and family social services" (832). 11. "Job training and vocational rehabilitation services" (833). Retail Trade Division. 12. "Convenience food stores, operated on a twenty four (24) hour basis" (5411). 13. "Drinking places (alcoholic beverages)" (5813). 14. "Drive-in restaurants" (5812). 15. "Motor vehicle dealers" (55). 16. "Motor vehicle service stations" [SRI (554). 17. "Outdoor eating and drinking facilities" [SRI (5813). -5- 18. "Package liquor sales establishments" [SR] (5921). Agricultural Division. 19. "Dog grooming" (0752). 20. "Veterinary services for household pets" (0742). Transportation, Communication And Utilities Division. 21. "Conditional commercial antenna tower" [SR] (UNCL). 22. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 23. "Courier services" (4215). 24. "Other radio and television antennas" [SR] (UNCL). 25. "Other satellite dish antennas" [SR] (UNCL). 26. "Pipelines, except natural gas" (461). 27. "Railroad tracks" (401). 28. "Treatment, transmission and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Miscellaneous Uses Division. 29. "Accessory package liquor sales establishment" [SR] (UNCL). 30. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in the NB Neighborhood Business District, subject to the provisions of Section 19.12.500 of this Title. 31. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in the NB Neighborhood Business District, subject to the provisions of Section 19.10.400 of this Title. 32. "Drive-through facilities" [SR] (UNCL), subject to the provisions of Chapter 19.45 of this Title. 33. "Master signage plan" [SR], subject to the provisions of Chapter 19.50 of this Title. 34. "Planned developments" [SR] (UNCL) on a zoning lot containing less than two (2) acres of land, subject to the provisions of Chapter 19.60 of this Title. G. Site Design. In this PNB zoning district, the use and development of land and structures and the site design regulations shall be as provided in Chapter 19.12, Site Design, of the Elgin Municipal Code, 1976, as amended, and as provided in this Ordinance, and in the Annexation Agreement. In this PNB zoning district, the use and development of land and structures shall also be subject to the following conditions: 1. General conformance with the Preliminary Plat booklet for Pingree Creek, prepared by Shodeen Inc., Otis Koglin Wilson Architects, and Sheaffer and Roland, Inc., dated January 28, 2004, including the following: a. Pingree Creek (Data Table), prepared by Otis Koglin Wilson, dated January 12, 2004. b. Preliminary Plat of Pingree Creek, prepared by Donahue and Thornhill, Inc., dated January 13, 2004. c. Village Neighborhood Vignettes (2 of 2), prepared by Otis Koglin Wilson, dated January 12, 2004. d. Pingree Creek Wayfinding Sign Plan, prepared by Otis Koglin Wilson, dated January 27, 2004. e. Pingree Creek Subdivision Preliminary Engineering (8 of 8), prepared by Sheaffer & Roland, Inc., dated January 13, 2004. f. Pingree Creek Design Principles and Applications, dated January 28, 2004. In the event the owner of the subject property proposes development of a phase or phases of the development which are not in general conformance with the foregoing listed site design conditions, the owner shall be required to submit a development plan to the city for review by the Planning and Development Commission and approval by the City Council. H. Off-street Parking. In this PNB 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 PNB 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 PNB zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. The development administrator may require, and may approve signs, including temporary model home and sales office signs and signs for uses associated therewith and for directions thereto, not otherwise provided by this title in support of the development. K Amendments. In this PNB 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 PCF zoning district authorize such an application. L . Planned Developments. In this PNB zoning district, 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 PNB zoning district and without necessitating that all other property owners in this PNB zoning district authorize such an application. M. Conditional Uses. In this PNB zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin -7- 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 PNB zoning district and without necessitating that all other property owners in this PNB zoning district authorize such an application. N. Variations. In this PNB 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 PNB zoning district and without necessitating that all other property owners in this PNB 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, and the provisions of the Annexation Agreement. P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect immediately after its passage in the manner provided by law. Presented: February 25, 2004 Passed: Vote: Yeas Nays: Recorded: Published: Attest: Dolonna Mecum, City Clerk Ed Schock, Mayor In anh«za«be»s»A, s#z>Rul-D4 9G!§R/R§§928\ ,.,._ ,.,.,..•..;lt., A {i Sc't-f li' t o� o W Xa v O� J x W= Z U 6 Ir UO SII PINGREE CREE INDEX SHEET NO. DRAWING TITLE 1. COVER - DRAWING INDEX 2. PRELIMINARY SITE PLAN - 1 3. PRELIMINARY SITE PLAN - 2 4. PRELIMINARY SITE PLAN - 3 5. PRELIMINARY SITE PLAN - 4 8. PRELIMINARY SITE PLAN - 5 7. PRELIMINARY SITE PLAN - 5 B. PRELIMINARY SITE PLAN - 7 KANE COUN PRELIMINARY 1 isoo o isro wro I Pfl1T�1 —I SCu£ x fiFi � 1 la 04 l�� t 1 1552 /' d Y C U EL m_ 2 X W c� i (920 m C 0 v IL m x x w 113 350 349 348 I 347 Il 346 2 448 442 423 /I 1 430918 /21 484 422 399 20 I482 9 1 48 421 400 420 11 ' 447 � v v� / A/9 16(T {�j�[nAA>AA?AAy> 479 448 1 N—onmJmmAUN—o 478 449 15 i / Y 6 40j I 477 I 450 r, �� 14 I - — - 476 I 451 475 4 2 13 yo 1 474 453 I ^' . s / J 12 473 454 - - — - 472 471 4 v m in cT <n cn cn (T m m 1 470 I 457 10 rn>unJi� o my 469 458 —46-R-1 B 1 J m�m"'m �u'Urn 49-11 462 u 7i 463 _ / J J � � II 1 W 5 i (-� - Ir- 1r 4 OJ J�W VI AL4 N X10 b �L�T- 3 >IU N 2 1 360 / �n WALT to �n UVI m�Tm ��nn {P OPV 37 I c'. 27� 29Z Z98 32a 1 � I 246 268 i I 291 1 299 319 36 I 1 I 267 72 290 318 300 I 45 1 47 273 1 317 1 35 4 48 65 4 289 I 301 16 m i 34 2 24 75 I 266 02 15 C / 33 9 p 5 1 263 26 276 277 1 287 314 03 313 I p 1 1. 32 1 231 I 240 27 286 I 04 312 2 239 I 2 0 285 5 311 i 31 3 38 54 I 2 9 B 310 $ I 4 2 1 55 58 I 81 309 30 I 235 36 7 262 283 307 m 4311 WU 337 430 1 26 } 490 4 429 I 43 428 25 I t-KILT-1212 427489488 IN 1 1 23 1 - — - 11 438 I 42A I 466 439 42 113 350 349 348 I 347 Il 346 2 448 442 423 /I 1 430918 /21 484 422 399 20 I482 9 1 48 421 400 420 11 ' 447 � v v� / A/9 16(T {�j�[nAA>AA?AAy> 479 448 1 N—onmJmmAUN—o 478 449 15 i / Y 6 40j I 477 I 450 r, �� 14 I - — - 476 I 451 475 4 2 13 yo 1 474 453 I ^' . s / J 12 473 454 - - — - 472 471 4 v m in cT <n cn cn (T m m 1 470 I 457 10 rn>unJi� o my 469 458 —46-R-1 B 1 J m�m"'m �u'Urn 49-11 462 u 7i 463 _ / J J � � II 1 W 5 i (-� - Ir- 1r 4 OJ J�W VI AL4 N X10 b �L�T- 3 >IU N 2 1 360 / �n WALT to �n UVI m�Tm ��nn {P OPV mm (PNm m�O G m mm mm WAU POND I H .�Q'S. 5 WL 902.5 3J6 '792 1711 I 72 I 3 I m 1 37 379 38011 0 U LL F M_ S X W C i gDu UKY 991. 2'i� U g54 i0 0 uai of PRO 5I - 670 o j660 661 i 671 563 E563 579 72 677 663 674 _ 676 675 664 rn rn w oa C > wi.Ni o I ,oa U 625`- 64; LL 626 643 oil64f I 627 642 64i i 628 I 641 i 64E Mn t 629 �® 640 l 64S W 630 �Wa,,r 6 39 i 63 638 i 1 65' 632 637 I 65 633 636 65: - - 634 635 _65 ND -RS L 904.5 WL,901_5 ggl'} 1 g ga ,O -A � l 670 ' 679 j660 661 i 671 I 678 662 72 677 663 674 _ 676 675 664 ND -RS L 904.5 WL,901_5 ggl'} 1 g ga ,O -A � l �® �Wa,,r WE fpfp1�1l!�'�cppr�Err��.aEE�_:'1l ND -RS L 904.5 WL,901_5 ggl'} 1 g ga ,O -A � l Exhibit "G" to Annexation and Development Agreement PINGREE CREEK AMENDMENTS TO SUBDIVISION ORDINANCE AND ENGINEERING AND CONSTRUCTION STANDARDS AND SPECIFICATIONS 406935/C/18 2/23/04 EXHIBIT "G" Engineering Specifications The "Property" (as defined under the attached Annexation and Development Agreement), which shall be zoned under the Planned Development District of the City of Elgin's Zoning Ordinance (the "PD District"), shall be governed by the City of Elgin's General Notes, Engineering and Construction Standards and Specifications (dated July 2001), Standard Specifications - Structure Frames and Grate or Lids, Title 18 of the Subdivision Ordinance, and Ordinance G80-01 Amending Title 21 of the Elgin Municipal Code, 1976, as amended entitled "Storm water Management" as amended, modified and supplemented by the provisions contained below. In the event of any conflicts or inconsistencies between the provisions contained below and the provisions contained in the Subdivision Ordinance or any other ordinance of the Village, the provisions contained below shall govern, supercede and prevail for the Property. The Subdivision Ordinance and Engineering Standards shall be amended, modified and supplemented as provided below for the Property. Except as expressly provided herein, the Subdivision Ordinance shall not otherwise be amended and shall remain in full force and effect. General Notes Item 12. The developer shall verify that all public improvements are constructed either within the public right-of- way or City easements. Storm Sewer Item 1. All storm sewer pipes shall be reinforced concrete pipe conforming to ASTM C-76 class IV with confined O-ring gasketed joints in compliance with ASTM C-361 under pavement and class III ASTM in all non paved areas per section 4.10 of the City of Elgin Engineering and Construction standards. Item 2. All sump pump and drain tile discharges shall be routed to the storm sewer system. Sump pump drain service connections 406935/C/18 shall be four inches (4") PVC at a minimum slope of 2% or 6" HDPE at a minimum slope of 0.5%. Minimum cover shall be two feet (2'). The discharge pipe shall be SDR 26 and shall conform to ASTM D2751 or ASTM D3034 specifications. Item 7. Storm sewer mains shall be inspected with a video camera. Televising of sewers must occur no sooner than 60 days after placement of the roadway binder course. Item 8. Rear Yard storm sewers mains are permitted provided the storm sewer is 24" or less in diameter. Item 9. Rear yard storm sewers may be perforated HDPE pipe in lieu of City of Elgin pipe material standards. The Homeowner's Association (or homeowner for sump lines) shall maintain all HDPE piping mains and structures. Storm sewer systems constructed of City of Elgin standard pipe material shall be maintained by the City. Water main. Item 6. Water services and fire suppression systems from property line into the building shall be made and installed by a licensed plumber, in accordance with the Illinois State Plumbing Code. All water services from the main up to the B -box may be installed by the developer if City installation crews cannot keep up with the pace of development. Sanitary Sewer. Item 5. Sanitary sewer service lines shall be 6" diameter PVC pipe SDR 26 (minimum) with a minimum slope of 1%. A clean out shall be located on the service line one foot outside the foundation line for each single family house. Item 13. 6" thick concrete collars will not be required around sanitary manhole frames in any instance provided that a rubber chimney seal is installed on the manhole. Paving. Item 1. Local streets shall have a structural number of not less than 3.16 and shall consist of (1) a base course which shall be a minimum 12" thick, compacted CA -6, aggregate type B (crushed limestone, grade 8), conforming to IDOT requirements, (2) a minimum two and one half (2%") inch bituminous binder course and 406935/C/18 2 (3) a minimum one and one half (1'%11) inch bituminous surface course. Item 2. For local streets bituminous Aggregate Mixture (BAM) shall not be required for the base course provided that the street has a structural number of not less than 3.16 and (1) a base course which shall be a minimum of twelve (1211) inches thick, compacted CA -6, aggregate type B (crushed limestone, grade 8), conforming to IDOT requirements (2) a minimum two and one half (2%11) inch bituminous binder course and (3) a minimum one and one half (1%11) inch bituminous surface course. Roadway sub base shall pass a proof roll test prior to the installation of the base course per the Illinois Department of Transportation (IDOT) standards. Failures to the sub base, as identified by the proof roll test, shall be remedied per IDOT requirements. Item 13. 2" diameter PVC piping shall not be required under all paved areas, such as driveways, for future street light cables provided street light cables are installed in conduit. Item 15. Developer may install full pavement section including surface course at time of initial paving providing that the warranty period is extended to 2 years. if the surface course is installed immediately after the binder course installation, no tack coat is required. city of Elgin: En ineering and Construction Standards and Specifications (July 2001) Section 3.00 Underground Utility Construction. The City of Elgin will allow all proposed, sanitary storm and water main to be placed outside of pavement edges. For utilities located near foundations, for every one foot of depth to the invert, one foot of horizontal easement shall be provided on each side of the utility. Section 3.30 Trench Excavation and Backfill. The remaining part of the trench shall be filled with approved backfill, clay, CA -6 FA -6 or flowable fill. If the trench excavation is within 2' of or under a paved area (including streets, curbs, gutters, shoulders but not including sidewalks) full depth trench backfill shall be used. If the trench excavation is under a sidewalk area full depth trench backfill 406935/C/18 3 shall be used. This material should then be compacted in place to 95% maximum density at optimum moisture as determined by the Modified Proctor Test. Any material deemed unsuitable by the City Engineer or representative shall be removed from the trench. If the trench excavation is within 2' of a sidewalk area non -trench backfill may be utilized but such non -trench backfill material must be suitable for compaction. Sidewalk thickness shall be 5" and Developer shall extend the Maintenance Period for sidewalks (only) by one (1) additional year than what is currently required by ordinance. Section 3.8 Marker Boards. At locations deemed necessary by the engineer, the contractor shall supply marker boards. Marker boards shall be hardwood posts with minimum dimensions of 3%" x 3 %" and 7' in length. All marker boards shall be buried a minimum of 3' below grade and extend 4' above existing grade. The top one foot of the storm marker board shall be painted green with the sanitary marker boards painted red and water marked blue. All marker boards damaged or removed during construction shall be replaced at the contractor's expense. Section 3.9 Trench Backfill. Flowable Fill or Controlled Low -Strength Material (CLSM) shall be in accordance with all provisions provided by the Illinois Department of Transportation. The following mixes are pre - approved with the other mix designs to be submitted for review by the City Engineer. Trench Backfill mined on site may be used provided that it meets the gradation requirements of trench backfill. Section 4.00 Storm Sewer Construction. The use of inlets will be accepted provided that they are privately owned and maintained. Televising of storm sewers completed no sooner than 60 roadway binder course. will be required and must be days after the installation of the Section 4.10 Material and Specifications. 406935/C/18 4 All manholes shall have a minimum diameter of 4'. Catch basins shall have an inside diameter of not less than 3' and include a minimum 2' sump. Both structures shall conform to all specifications provided in Standard Specifications Water & Sewer Main Construction in Illinois". Inlets shall have an inside diameter of not less than 2' and are not required to have a sump. For pipe 36"or less in diameter, the maximum spacing between manholes shall be no more than 300' . A maximum spacing of 500' may be used for pipe diameters greater than 36". Maximum spacing of manholes, catch basins and inlets may be increased provided the Developer submits supporting evidence that the increase in spacing is warranted and the city Engineer approves such an increase in spacing. Section 4.40 Sump Lines. Sump lines may be directly connected to a storm sewer structure. The connection of sump lines to a storm sewer line will be permitted provided that the homeowner shall be responsible for maintenance of the sump line. The connection shall be made using a bored hole into a storm sewer structure. The remaining void around the hole shall than be mortared shut to provide a water tight seal. No part of the sump line shall extend into the storm sewer structure past the inside wall of the structure. Section 4.5 Culverts All culverts shall have a minimum inside diameter of 12". Culverts shall have a positive pitch of a minimum 1.00% or matching the slope of the existing swale provided that a minimum cleaning velocity of 2 feet/sec is maintained. Adjacent ground shall be graded to match culvert inverts. All pipe materials must be approved by the engineer or representative prior to construction. All culverts under driveways shall be maintained by the property owner. Culvert maintenance shall be the responsibility of the Homeowners, Association. Section 5.20 Materials and Specifications. No sooner than 60 days following the placement of the roadway binder course, the developer will be responsible for televising the sewer. A tape will be provided to the City of Elgin's Engineering Division of Public Works. Any deficiencies in the sewer material or construction, as noted by the City Engineer, shall be corrected by the contractor at their own expense. 406935/C/18 5 Section 6.10 Materials and Specifications. All water main must be a minimum of 10' horizontally from any sewer lines per Illinois Environmental Protection Agency (_TEPA) requirements. If a new water main is placed within 10' of an existing water supply, the contractor must follow all specifications and details found in "Standard Specifications for Water and Sewer Main Construction in Illinois". The 10' separation requirement shall not apply to storm sewer/water service line crossings. Section 6.120 Sprinkler Systems. With the exception of entrance monuments and common area boulevards, the entire system shall be placed out of the right of way and in such a fashion to allow proper maintenance of the system. Sprinkler systems shall be constructed to allow the removal of water from all lines to prevent against freezing. Maintenance of sprinkler systems in common areas shall be the responsibility of the Homeowners' Association. Section 7.10 Roadway Geometry. All streets shall be centered on a minimum 60' right of way and conform to the following minimum criteria. Additional right of way area may be requested at the intersection of larger streets. All curb corners shall have a minimum radius of 20'. Street Classification Major Arterial Minor Arterial Collector Minor Cul-de-sac Frontage Access Alleys Pavement Width (bal In conformity with In conformity with 32 feet 28 feet 26 feet 24 feet 16 feet k/back curb&gu City standards City standards Cul-de-sacs shall not be greater than 900 feet, measured along the centerline. The cul-de-sac shall terminate into a circular shape with a minimum diameter of 1001. The terminus of the cul- de-sac shall be centered on the street. Asymmetrical cul-de-sacs may be acceptable if the Developer provides evidence that it is warranted and the city Engineer approves such a configuration. Developer shall place ,No Parking" signage along streets if a problem arises upon full build out of the subdivision. 406935/C/18 6 Section 7 41 Description. All sidewalks shall be constructed of Portland Cement Concrete to a grade approved by the Engineering Division of Public Works. Sidewalks shall be 5" in thickness and 4' to 5' in width as specified by the Engineering Division. Driveway approaches (and sidewalks extending across driveways) shall be 6" in thickness and shall be a maximum of 24' wide at the curb line. Where it is necessary to remove the existing curb in order to construct a driveway, the new depressed curb shall be constructed with a 1" face at the flow line. Section 7.50 Combination Concrete Curb and Gutter. All curb and gutter installed in the residential areas of the City of Elgin shall be either 136.12 or B -modified curb design. The curb and gutter shall be in conformance with all specifications found in the Standard Specifications for Bridge and Road Construction. Section 7.70 Pavement. A. BITUMINUS For local streets, the granular base course shall be a minimum of twelve inches (12") thick. The bituminous concrete binder and surface courses shall have a minimum total thickness of four inches (4") and it shall be Bituminous Plant Mix. The granular base course shall be placed in accordance with TDOT standards (maximum of four inch (4") lifts). For local streets, the bituminous concrete binder course shall be placed in one lift two and one half (2312") inches thick compacted. The top or final layer shall be one and one half (1%11) inches thick and may be placed immediately after the installation of the binder course. Prior to the placement of the final lift, any damage or failure of the binder course and/or granular base course shall be satisfactorily repaired by the developer, as directed by the City Engineer. Developer shall also make repairs to the roadways prior to City acceptance of the improvements. Section 8.50 Street Light Pole Foundation 406935/C/18 7 Steel helix self -auguring street light pole foundations, of the size recommended by the manufacturer, may be used in lieu of concrete foundations for street light poles. Concrete street light pole foundations shall be constructed per the street light manufacturer's recommendations. Section 8.6 Street Light Pole Fixture, and Wattage Ornamental street lights poles and fixtures (minimum of 12 feet in height) may be used in lieu of a spun aluminum pole. Section 8.81 Cabinet. Street lights may be directly wired to residential electric pedestals in lieu of being wired to a separate individual controller cabinet. Section 9.10 Sign Panel Custom stop sign posts and panels may be used in lieu of City standards provided that the panels meet the requirements of the "Manual of Uniform Traffic Control Devices". The City shall grant the Homeowners Association (HOA) the opportunity to replace damaged ornamental sign posts and panels at their expense. If the HOA chooses to not to replace the sign posts and panels, the City shall replace them with City standards. Section 9.20 Street Name Sign and Assembly Custom street name signs and poles may be used in lieu of City standards provided that they remain consistent throughout the development. The City shall grant the HOA the opportunity to replace damaged custom street name signs and posts at their expense. If the HOA chooses to not to replace the custom street name signs and post, the City shall replace them with City standards. Section 9.34 "Poz-Loc" Sign Mounting Bracket. Custom street sign brackets may sign mounting brackets provided throughout the development and are followed. 406935/C/18 8 be used in lieu of "Poz-Loc" that they are used consistently manufacturer's recommendations Section 10 Tree Planting Specifications Trees shall be planted no closer than three feet to the sidewalk or curb, or the curb line in an unimproved street. They shall not obstruct the view at street intersections, nor conceal a fire hydrant. They may be planted over water, sewer, and gas service lines. Trees and shrubs shall be placed such that the tree or any part of the vegetation that may fall off will not interfere with traffic or travel in the R.O.W. Section 11.30 Storm water Detention Areas This section shall be deleted in its entirety. Section 12.00 Soil Erosion and Sediment Control. The developer should take all necessary steps to minimize soil and sediment erosion on the job site. Prior to any construction, the developer must possess a soil and erosion control plan that has been approved by the City of Elgin (not the Army Corp of Engineers (ACORP)) in accordance with the Kane County Storm Water Ordinance as amended. in the event jurisdictional wetlands are impacted, the Developer may need to receive approval of the soil & erosion control plan from ACORP. Appendix B: Engineerin2 Standards for Subdivision and Site Development Plans. IX. Details and General Notes. B. No sooner than 60 days following the placement of the roadway binder course, the developer will be responsible for the televising the sanitary sewer. A tape will be provided to the City of Elgin's Engineering Division of Public Works. Any deficiencies in the sanitary sewer material or construction, noted by the City Engineer, shall be corrected by the contractor at their own expense. City of Elgin Standard Specifications Storm Sewers Catch Basin Frames and Grates 406935/C/18 9 B6.12 and B -modified curb and gutter frames and grates may me used for catch basins and inlets in pavement areas. Details Detail A-7 Barrier Curb Detail 26.18 B6.12 and B -modified curb and gutter may be used in lieu of B6.18 curb and gutter. Typical Roadway Section Water, storm sewers and sanitary sewer utilities may be located in the parkway of the right of way in lieu of being located under the pavement. Storm sewer mains may be located in the back yards of residential lots. Sidewalk thickness shall be 5" thick except at driveways where it will be 6" thick. For local streets a minimum of 12" granular base course may be used in lieu of B.A.M., provided the street has a structural number of not less than 3.16 and a minimum two and one half (2%") inch bituminous binder course and a minimum one and one half (1%") inch bituminous surface course. B6.12 or B -Modified curb and gutter may be substituted for 136.18 curb and gutter. The minimum roadway width for local streets shall be 28 feet (back to back of curb). Engineering Standards: (February 2000) Sanitary Sewer Pipe size per plan (PVC-SDR35 or SDR26) Title 18: Subdivisions I nes Section 18.12.010 Preliminary Plan E. Preliminary Plat and Final Plat approval may occur simultaneously. 406935/C/18 10 Section 18.24.020 Street Specifications: A. All rights of way shall conform to the following specifications: Center Line Turning Type of Width (Ft) Gradient W Radius (Ft) Street Minimum Minimum/Maximum Minimum Major Arterial 100-200 0.4/5.0 300 Street Minor Arterial 80-100 0.4/5.0 300 Street Collector Street 66 0.4/7.0 300 Minor Street 60 0.4/9.0 65 Cul-de-sac 50 0.4/9.0 65 Frontage Access 40 0.4/8.0 200 Street Private 50 0.5/8.0 200 Street Section 18.24.060 Lot Standards C. Side lot lines shall be substantially at right angles or radial to the street line unless natural features or unusual circumstances restrict the ability to do this. Section 18.28.030 Water Supply J. Water mains shall be looped. Water mains may pass through side yards provided that they are installed in a minimum 20 foot utility easement. Ordinance No. G80-01 Amending Title 21 of the Elgin Municipal Code 1976 as Amended, Entitled "Storm water Management". Section 202(b). entitled "Site Runoff Requirements" shall be amended to read as follows: 406935/G18 11 (5) Manholes and Catch Basins; Spacing and Standards: Manhole and/or catch basin spacing between straight runs of pipe shall be limited to a maximum spacing of three hundred feet (3001) for sewers thirty-six inches (36") or less in diameter, a maximum of five hundred feet (500') for sewers over thirty-six inches (36") in diameter. Topography, surface cover and watershed area may dictate the spacing of manholes and catch basins to be greater than 5001. Such an increase in spacing must be approved by the City Engineer provided that the Developer submits evidence that the increase in spacing is warranted. Manhole and catch basins shall meet State standards, shall be precast concrete and shall be watertight unless other wise approved by the Director. [End of Exhibit "G" to Annexation and Development Agreement] F:\Legal Dept\Agreement\Annexation-Crown-Exhibit G -Engineering Specs.doc 406935/C/18 12 Exhibit "H" UTTLTTY EASMENT PROVISIONS A permanent non-exclusive easement is hereby reserved for and granted to each of the following parties and to their respective successors and assigns (collectively, "the GRANTEES"), the City, of Elgin, and all public utility companies and telecommunication carriers operating under franchise granting them rights from the City of Elgin and/or operating under a certificate of exchange authority from the Illinois Commerce Commission, including, but not limited to Ameritech, Commonwealth Edison Company, and Northern Illinois Gas Company, in, on, upon, across, over, under and through the areas shown by dashed lines and labeled "Utility Easement" on this plat of subdivision as well as those areas designated on the plat for streets and alleys, or where otherwise noted in the above legend, for the purpose of installing, constructing, inspecting, operating, replacing, renewing, altering, enlarging, removing, repairing, cleaning and maintaining water, sanitary and storm sewers, drainageways, electrical, communication, gas, telephone, cable television or other utility lines and appurtenances, and such other installations and service connections as may be required to furnish public utility services to adjacent areas, and such appurtenances and additions thereto as the Grantees may deem necessary, together with the right of access across the real estate platted hereon, for the necessary personnel and equipment to do any or all of the above work; provided, however, that all utility lines, and telephone and communication lines and cable shall be located underground, and all other telephone and communications equipment and facilities, including without limitation junctions and distribution facilities, shall be located at or below grade, excluding (i) pedestal appurtenances not exceeding three (3) feet in height, and (ii) cross connect cabinets, located with other above -ground non -telecommunication utility installations. T"ne Grantees hereunder providing electric, gas, water or sanitary or storm service are sometimes hereinafter referred to collectively as the "Non -Telecommunication Grantees". No permanent buildings or trees shadl be placed on said easements, but the easement areas may be used for gardens. shrubs, landscaping, and other purposes that do not then or later interfere with the aforesaid uses and rights. Fences shall not be erected upon said easements in any way which will restrict the uses herein granted provided that no monument signs, fences or other similar improvements made of stone, concrete or other similar heavy materials may be erected over said easement areas except where specifically permitted by written authority of the Cite of Elgin. The right is also hereby granted to the Grantees to cut down, trnn or remove any trees, fences, shrubs, or other plants that interfere with the operation of or access to said utility,, installations in, on, upon across. over. under or through said easements. The Non -Telecommunication Grantees shall not bt responsible for replacement of any such improvements, fences, gardens, shrubs or landscaping removed from said easements during exercise of the herein given rights. Replacement of items so removed b% the Non -Telecommunication Grantees shall be the responsibility of the then lot owner. Notwithstanding anything herein to the contrary, the Non -Telecommunication Grantees shall, however. be responsible for the prompt and proper back fillin& re -grading and hydroseeding or sodding,. of those areas disturbed as a result of such Grantee's entry. activity or work in, on, across, around and adjacent to the easement area designated herein, to ca Condition equal to or better than that which existed prior to such Grantee's entry, activity or work thereon. Ali other tsrantees shall be responsible for promptly restoring the affected easement area to a condition equal to or better than its condition prior to such entry, including replacement of shrubs, other landscaping, pavement and sidewalks or other permitted improvements and hydroseeding or sodding of disturbed grass areas. Notwithstanding anything to the contrary contained herein, at the exercise of the aforesaid uses and rights, all Grantees shall use reasonable efforts to minimize damage to or interference with any improvements on or within the easement area (including without limitation, any other utility lines installed under, across or within the easement area) or within the real property adjacent to the easement area. In the exercise of the aforesaid uses and rights, the Grantees shall, where practicable, conduct their activities so as tominimize interference with the flow of traffic. All applicable provisions of the Illinois Highway Code and the statutory or common law rights, of any highway authority with jurisdiction over the right of way of those highways, roads, streets, and alleys as described and set forth herein to utilize said right of way for highway or transportation purposes shall remain paramount to any and all of the rights of any Grantee or beneficiary, their successors and assigns, under this public utility casement Any such Grantee or beneficiary shall be required to first obtain the written approval of the applicable highway authority prior to conducting any activity or work in the right of way of any public highway, road, street or alley as described and set forth herein and to abide by all applicable ordinances, regulations and statutes relating thereto. L+ =nTT T LIST OF OFF-SITE UTILITY EASEMENTS Required off-site easements necessary for the Subject Water Main will be identified upon the final design and routing of the Subject Water Main. Required off-site easements for the Subject Sanitary Sewer Line include an easement through the Meier Parcel located generally at the southwest corner of Route 20 and Nesler Road, through the Jenerich Parcel located generally southwest of Plank Road and Russell Road and such other off-site easements as are identified upon the final design and routing of the Subject Sanitary Sewer Line. 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O� N 2 - LINE OF W CV iJI/ YNDHAM DE DINT TO SE. LINE 0 SHODEEN'S PRO ERTY 48' DIAMETER $EWER SECTION I - W. LINE TOWN AND COUNTRY TO W. LINE OF WYNDHAM DEERPOINT 48' DIAMETER SEWER 0 yl EXHIBIT L SHODEEN ANNEX. Feb 2004 DESCRIPTION OF SUBJECT WATER LINE The Subject Water Line is in general terms described as water main improvements commencing at a point approximately three hundred (300) feet east of the intersection of Plank Road and Route 20. Such water main improvements will continue in a westerly direction with the routing currently expected to be in the vicinity of along Route 20. Such water main improvements will end at the Shodeen Development Property known as the Pingree Creek Development. The size of the water main is currently estimated to be approximately a 20 inch water main. EXHIBIT "N" 80'x 100' Lots Featuring the Following Homes: Abbey Brickenhall Fieldstone Fowler Franklin Franklin XL Kendall Remington Thorndale Trenton Westchester Tree Cre ?q=�,P-rx, ...!�, 1/28/04 EXHIBIT "N" Continued Abbey • Distinctive exterior elevations • Fully sodded lawn with shrub and tree package • Attached 2 -car garage with 16' wide driveway • 9 foot first floor ceiling • Exterior housewrap • Full basement °o�ww rovax 3 -car garage not available at Pingree Creek. -I �. _ Cre(164�__ :0 EXHIBIT "N" Continued Briekenhall • Distinctive exterior elevations • Fully sodded lawn with shrub and tree package • Attached 2 -car garage with 16' wide driveway • 9 foot first floor ceiling • Exterior housewrap • Full basement 2,100 square feet ®1 �M � NASTERBATH T MLT FOYER BEDROOM -On' BEDROOM/STBDY rUM ort.vAULRUCW. PORCH OR.B1Y KITCHEN/DINETTE vo-rw,e. DINING ROOM urniv GARAGE 1/28/04 _ t,4 art rn MASTER BEDROOM OTr.twrcLc. NMV CREATROOM ______________/ I ei o •cw v ®1 �M � NASTERBATH T MLT FOYER BEDROOM -On' BEDROOM/STBDY rUM ort.vAULRUCW. PORCH OR.B1Y KITCHEN/DINETTE vo-rw,e. DINING ROOM urniv GARAGE 1/28/04 EXHIBIT "N" Continued Fieldstone • Distinctive exterior elevations • Fully sodded lawn with shrub and tree package • Attached 2 -car garage with 16' wide driveway • 9 foot first floor ceiling • Exterior housewrap • Full basement ..-.. _ R I 2,895 square feet J -car garage not available at Pingree Creek. HALL BBDROOMI BEDROOOM RO' e-rs'-r eeh, r�,o�,F— L.-- WIC WIC I BEDROOM MASTER BEDROOM `nr' v -ix¢ -s' g-pk¢�' ASTER BA w. mr aiw cP..uu HALL BBDROOMI BEDROOOM RO' e-rs'-r eeh, r�,o�,F— L.-- WIC WIC EXHIBIT "N" Continued Fowler • Distinctive exterior elevations • Fully sodded lawn with shrub and tree package • Attached 2 -car garage with 16' wide driveway 9 foot first floor ceiling • Exterior housewrap • Full basement �K N CRRRTROOM� '* • PDR w HPH v n' n� FOYER e ry YJ 1' DINNCROOM SEC NDMOOR 0 FIR MOOR M M rxD� yn+R�ce 1/28/04 EXHIBIT "N" Continued Franklin • Distinctive exterior elevations • Fully sodded lawn with shrub and tree package • Attached 2 -car garage with 16' wide driveway • 9 foot first floor ceiling • Exterior housewrap • Full basement u 3 -car garage not available at Pingree Creek. EXHIBIT "N" Continued Franklin XL • Distinctive exterior elevations • Fully sodded lawn with shrub and tree package • Attached 2 -car garage with 16' wide driveway • 9 foot first floor ceiling • Exterior housewrap • Full basement 3,560 square feet 3 -car garage not available at Pingree Creek. Pin ree Creeil 1/28/04 EXHIBIT "N" Continued Kendall • Distinctive exterior elevations • Fully sodded lawn with shrub and tree package • Attached 2 -car garage with 16' wide driveway • 9 foot first floor ceiling • Exterior housewrap • Full basement ,WN, FLOOR FIRST FLOOR C I _/' f�/% e BEOROOMi ___________'_^_'_______ "SISR �1BAy�1N!/TN/^ E,wx ATO MR PEINVOIXA EEORWM• ,x'cX,ve' u•e%,x'a SEOR0 M2 x ,WN, FLOOR FIRST FLOOR C I _/' f�/% e EXHIBIT "N" Continued Remington • Distinctive exterior elevations • Fully sodded lawn with shrub and tree package • Attached 2 -car garage with 16' wide driveway • 9 foot first floor ceiling • Exterior housewrap • Full basement 1 /28/04 BEDPDgAa 'Mtt'r MA4lEP BEOFOOM wtA Q BPIB4E r x BATH &1TH BEDIiCOM¢ Q BEDRWM3 If aStYd SECOND FLOOR 1 /28/04 EXHIBIT "N" Continued Thomdale • Distinctive exterior elevations • Fully sodded lawn with shrub and tree package • Attached 2 -car garage with 16' wide driveway • 9 foot first floor ceiling • Exterior housewrap • Full basement 3 -car garage not available at Pingree Creek. DINING ROOM Q' -04P3' P.R. LINON,G ROOM OOM MM SNDT FAMILY FAMIYOOM I I BEDROOM g��DROOM AI BELOW GARAGE m'tlasl'.o.. HA L III 111��/ M. BATH BEDRDGM w vur vn5a Y' TO SITTING `. ROOM , 1/28/04 EXHIBIT "N" Continued Trenton • Distinctive exterior elevations • Fully sodded lawn with shrub and tree package •Attached 2 -car garage with 16' wide driveway • 9 foot first floor ceiling • Exterior housewrap • Full basement = �, xnsiFn eEoaoox j I ga�x vv' enm eEORm a� Ft=�l ev—"3 n Y.NO ' F'YIS=RpJM n e �avS�N W ER SNq VONNiY IVb CM qui YE wvart, `� OVIgigL INREE4w WMOE CPin-aree Creek I /28/M EXHIBIT "N" Continued Westchester • Distinctive exterior elevations • Fully sodded lawn with shrub and tree package • Attached 2 -car garage with 16' wide driveway • 9 foot first floor ceiling • Exterior housewrap • Full basement DINIRNGQ BOOMO FAMILY ROOM I BEDROOM BEDROOM KITCHEN i, DINETTE HALL LIVING ROOM IYTP 1N —T¢rG ..FOYER ¢ w O pg. vo aow PR GARAGE PORCH Pie n ree Creeh s � i BEDROOM WC MASTER BEDROE rmixeu�� , =j EXHIBIT "N" Continued 60'x 100' Lots Featuring the Following Homes: Armstrong II Chapman Fabyan Haller Payton Shannon 1/28/04 EXHIBIT "N" Continued Armstrong II • Distinctive exterior elevations • Fully sodded lawn with shrub and tree package -Attached 2 -car garage with 16' wide driveway -Vinyl thermopane single hung tilt -in window with screens • Housewrap air infiltration barrier system • Full basement OITION.LL O%' MYIONY eerl sorvxaol.I Avuuve IOJ'GY OIL 10'-031Y0R 11'-0'%IS'J' 10%MY Onl� Ti -I O M. MA9TEx!®POOId MAS! O BPDW0M3 NOOK 0P11ONLL 1b'%16-0' MYX 11'4'%10'A' :! d 'XLI16' -S r mv.ma®s LAMILY � rL'% :� KrrcxeN uvNo' "" o`rrroarc¢ _____ aax ba, oa,...� e, aenaooMa X14 u'.exlo.o. e, o1wNc 'Ivo cw esoaaoM9 �$ �x u'a- wvwGL -„ u'%xn'J 1MNG 19'1'%31'-0' 11WX 13'd' � FOIFA Pinr ee reeh EXHIBIT "N" Continued Chapman • Distinctive exterior elevations • Fully sodded lawn with shrub and tree package *Attached 2 -car garage with 16' wide driveway • Vinyl thermopane single hung tilt -in window with screens • Housewrap air infiltration barrier system • Full basement SITTING M MBEDPOOM MDMOM3 11.4 MA BEDROOM4' BEDROOM3 .."XII -10.'-' lob'%11'-Y � BAY OPT. MYOPT. BAYM..FAMILYROOM --------------- DIMNG 10'0'X11' -0"O NOOK II FAMILY 9'D'XIT.O'%16'B' m� I II MIER II I II I 3 II LMNG I I I I TWO GRGAPAGE COVERED PORGH 200 %20'0' T e Creek- 1/28/04 RF / 1/28/04 EXHIBIT IIN" Continued Fabyan • Distinctive exterior elevations • Fully sodded lawn with shrub and tree package • Attached 2 -car garage with 16' wide driveway • Vinyl thermopane single hung tilt -in window with screens • Housewrap air infiltration barrier system • Full basement NOOK M,M� II9'd'XIO'S BmpOOM GPGT PROM OWMG 1E'J'%11'a' 'la'O CMCnRtGE POy� 9'a'Xza'n' BEDROOM 3 I BEDMOY f ItlV X13'J 04'%I3'V �.: Qre�ek, 1 EXHIBIT "N" Continued Haller • Distinctive exterior elevations • Fully sodded lawn with shrub and tree package • Attached 2 -car garage with 16' wide driveway • Vinyl thermopane single hung tilt -in window with screens • Housewrap air infiltration barrier system • Full basement ,o' -O' BAT ..7r l0' /I ..w el Piwree Creeh..'_ r 1/28/04 nooP MM]ER B60PBOY _1_ � Yr - r Fel y ®,..— is � r -o• i �• '� S B®Roov s B®scop z cAPAce _ PP NG ' ' ::. ,.....a -.-ter--• FBYP.n MNG MnacD PO CH eY-a i e b /I ..w el Piwree Creeh..'_ r 1/28/04 MM]ER B60PBOY BAIB �• '� S B®Roov s B®scop z /I ..w el Piwree Creeh..'_ r 1/28/04 EXHIBIT "N" Continued Hampton • Distinctive exterior elevations • Fully sodded lawn with shrub and tree package •Attached 2 -car garage with 16' wide driveway • Vinyl thermopane single hung tilt -in window with screens • Housewrap air infiltration barrier system • Full basement 2,611 square feet n Tree Creek 1/28/04 EXHIBIT "N" Continued Parker • Distinctive exterior elevations • Fully sodded lawn with shrub and tree package -Attached 2 -car garage with 16' wide driveway -Vinyl thermopane single hung tilt -in window with screens • Housewrap air infiltration barrier system • Full basement BT.. BEDROOM 10'-1'X 13'�7" I I ER BEDROOM4 M.ISEER BEDROOM &.ffH IT -1'X13'5" 21'-0'X12'5' BM' OPT. / g5� yplr�, --------------- BEDROOM3 BEDROOM 10'-1'X 13'�7" 1 r On.. BOUD OUT WMDOW I�N0.WV,E ..11 BM' OPT. / g5� yplr�, KRCHEN e'E'X IS' -10' FAMILY NOOK 16'-0"%v-3" 9 HOOKA" DINMO TWOGR I10'2"X13'0' WRAC£ I IB-1.'Xm'-0- � FOYER I I COV MPOKR EXHIBIT "N" Continued Payton • Distinctive exterior elevations • Fully sodded lawn with shrub and tree package *Attached 2 -car garage with 16' wide driveway *Vinyl thermopane single hung tilt -in window with screens • Housewrap air infiltration barrier system • Full basement W-.. YAT on. .'-e BAY OPT. L T ------------------ -- NOOY -D'X 15'-V 0 ---------- RIm 15-10. 7 Dn.. .7-77 O'K it' 'X 10', BMMOM 2 ceaece Pin Creeh _(L! 1/28/04 EXHIBIT "N" Continued Shannon • Distinctive exterior elevations • Fully sodded lawn with shrub and tree package • Attached 2 -car garage with 16' wide driveway • Vinyl thermopane single hung tilt -in window with screens • Housewrap air infiltration barrier system • Full basement 2,394 square feet 21 I I � I - ImcxEN I I O 9'3'%I3'9' NOOK I FAMILY O 9'3'%16-3' 16'.10'%13'10' OMMc BEDPOOM4 I3'-0'%10'.10' E1lH I � 01� 011J _ _ = uVND wl— ErvMc Is'axmo_ O ER 1\ BEOROOAI3 BEDROOM3 3 0'X10'10'X11'-0' Ti]O C4R GNUCE I1.9'X 19'0' wFr MPR w r EAIH \IIIIL I ALi51'FR BEDpOOM 19'A'XI3'.0' 1/28/04 EXHIBIT "N" Continued 50'x 100' Lots Featuring the Following Homes: Ashton Bayberry Biltmore Chadsworth Clybourn Everleigh Gates Mapleton ree C Xeek an_ - - =k 1' EXHIBIT "N" Continued Ashton • Distinctive exterior elevations with raised entry • Fully sodded lawn with shrub and tree package • Attached 2 -car garage with 16' wide driveway • Wood clad thermopane double hung tilt -in window • Protective housewrap • Full basement In Tree Creek 1/28/04 EXHIBIT "N" Continued Bayberry • Distinctive exterior elevations with raised entry • Fully sodded lawn with shrub and tree package • Attached 2 -car garage with 16' wide driveway • Wood clad thermopane double hung tilt -in window • Protective housewrap • Full basement BA N1 eAlll BBDRWN NA81ER 8®ROOM p'dyn'9' Oii. 1MY C''-�iLuq ' BBDROON HALL pR+ LO �O'N �Pinvaree Creeh 1/28/04 EXHIBIT "N" Continued Biltmore • Distinctive exterior elevations with raised entry • Fully sodded lawn with shrub and tree package -Attached 2 -car garage with 16' wide driveway • Wood clad thermopane double hung tilt -in window • Protective housewrap • Full basement GARAGE UTIL. �� ITCHEWDIN. ii ma•xmR �FAMILY ROOM j �� 1sa'xzaa• P.R. DINING ROOM 13'rxITV LIVING ROOM 11FOYER PORCH BEDROOM*IAL�L CPin Creeh 0. ua•xzar xx omlurmw WIC a BEDROOM ffi91d 13'T BEDROOM*IAL�L CPin Creeh 0. EXHIBIT "N" Continued Chadsworth 2 LTR GARAGE A' -2'X20'3" • Distinctive exterior elevations with raised entry • Fully sodded lawn with shrub and tree package -Attached 2 -car garage with 16' wide driveway • Wood clad thermopane double hung tilt -in window • Protective housewrap • Full basement DECK GRE T ROOM 22-0'X15'8 V BPAdMi MASTER BEDROOM r°xar 14, E -y r p a onExTO BEww O j3 KITCHEN STUDY OR OPTIONAL BEDROOM 18'3'X11'-10' DINING ROOM 16-I°X12'-1' FRONT PORCH BFObaux I T�9 1T.1•%1i-1P 1l. a LOI.WiES MOM 1/28/04 EXHIBIT "N" Continued Clybourn • Distinctive exterior elevations with raised entry • Fully sodded lawn with shrub and tree package • Attached 2 -car garage with 16' wide driveway • Wood clad thermopane double hung tilt -in window • Protective housewrap • Full basement BEDROOM ) BED0.O0N WIC WIC To WIC XALL C STUDY /j BEDROOM 4'MDY / I QdRW FAMILY ROOM 6'9Y0'9' LIVING ROOM s11.w IORCR --y [ITCRENMINEM FOWR """°-.... A N... m DINING ROOM Un= NALL 3 -CM GARAGE %777�1 TM AO.- Creeh M�...q�.-♦�..rr.. 1/28/04 EXHIBIT "N" Continued Everleigh • Distinctive exterior elevations with raised entry • Fully sodded lawn with shrub and tree package •Attached 2 -car garage with 16' wide driveway • Wood clad thermopane double hung tilt -in window • Protective housewrap • Full basement 2,635 square feet LII #E I7 r�rr r f �o �� L LOFT BEDROOM T'-4}9 I' MASTER BEDROOM eaYx--a VIA � .o 1 V MASTER BEDROOM mow BATH ,-e ilv C -.' PinZree Creek I /2!20 EXHIBIT "N" Continued Gates • Distinctive exterior elevations with raised entry • Fully sodded lawn with shrub and tree package • Attached 2 -car garage with 16' wide driveway • Wood clad thermopane double hung tilt -in window • Protective housewrap • Full basement r0,%PFPwree 1/28/04 ®®emwe® a ®asmmmr muamw ��mmmmmmm. mn I wi °mmmmRrl. �� ^^yy _ IN m C� o ter, 9-�neri m �im'c - m - ii WON R ; eammai 1 r0,%PFPwree 1/28/04 EXHIBIT "N" Continued Mapleton GARAGE U7HMIfY ROM • Distinctive exterior elevations with raised entry • Fully sodded lawn with shrub and tree package *Attached 2 -car garage with 16' wide driveway • Wood clad thermopane double hung tilt -in window • Protective housewrap • Full basement s FAMMY ROOM e�>Qao• ter. '-p DDEHG ROOM REDROON urolw'-i' 0'310'-1• y .LZ PORCH Y 1/28/04 X11 \ll � ii ll Y • •� O �I i�nl�� DDEHG ROOM REDROON urolw'-i' 0'310'-1• y .LZ PORCH Y 1/28/04 EXHIBIT "N" Continued 40'x 100' Lots Featuring the Following Homes: Armstrong Chapman Haller Madison Parker 1/28/04 EXHIBIT "N" Continued Armstrong • Distinctive exterior elevations • Fully sodded lawn with parkway tree *Attached 2 -car garage with 16' wide driveway -Vinyl insulated thermopane tilt -in windows with screens • Protective housewrap • Full basement F�y 17'-SY 1•'-D' POYIM 19'-D'I IJ'-•• nr0 na G.D.GE UV" NOD[ 11'-••i 1D'-0'• ., .Pin ree Creek 1/28/04 EXHIBIT "N" Continued Chapman • Distinctive exterior elevations • Fully sodded lawn with parkway tree • Attached 2 -car garage with 16' wide driveway • Vinyl insulated thermopane tilt -in windows with screens • Protective housewrap • Full basement }may Bm6.'IDtf 9 aaa x a In'-o'i ia•-0•• fa•-o'S 3a V'• ^dTe le' -o'1 lo'_U'• 3 AOl1Y IY-6'Y C-0" DAfNc t4'b 3.�'• II Po 1 II i� , Creeh i 1/28/04 1 EXHIBIT "N" Continued Haller • Distinctive exterior elevations • Fully sodded lawn with parkway tree -Attached 2 -car garage with 16' wide driveway • Vinyl insulated thermopane tilt -in windows with screens • Protective housewrap • Full basement 1/28/04 E . I O li H m� 11 RATH 1•• - s I �=I . all! _ 1/28/04 `°-` Y.199'ER YASIPR BBBRBOY I O li 0 RATH BDIMM 9 BIDRBRY R u•bY u' -m• �r-ai u•-io• 1/28/04 EXHIBIT "N" Continued Madison • Distinctive exterior elevations • Fully sodded lawn with parkway tree *Attached 2 -car garage with 16' wide driveway *Vinyl insulated thermopane tilt -in windows with screens • Protective housewrap • Full basement 1/28/04 EXHIBIT "N" Continued Parker • Distinctive exterior elevations • Fully sodded lawn with parkway tree • Attached 2 -car garage with 16' wide driveway -Vinyl insulated thermopane tilt -in windows with screens • Protective housewrap • Full basement no R.R 30'-oY xf_U• to RSR _ham N ffi! tY-R'S ub" i COV6R0E PoR® RA / i 1/28/04 EXHIBIT "N" Continued 30 x 100 Square Foot Lots Featuring the Following Homes: Alexander Charlotte Denver Flagstaff Potomac Cf',roeveak 1/28/04 EXHIBIT "N" Continued Alexandria • Distinctive exterior elevations with raised entry • Maintenance free aluminum siding/Face brick per plan • Fully sodded lawn with shrub and tree package • Exterior housewrap • Attached 2 -car garage • Full basement Y CMGAP .E 'r ^• I gNETiE I SECOND FLOOR V ss•x faa• 695 SO. FT. STANDARD �-XW� - - q. F 1 2 FIRST FLOOR "ein VV 858 SO. FT STANDARD.F ---------_- --TER Ma° n z•xrcs SECOND FLOOR 631 SO. FT. OPTION infree Creeh EXHIBIT'IN" Continued Charlotte • Distinctive exterior elevations with raised entry • Maintenance free aluminum siding/Face brick per plan • Fully sodded lawn with shrub and tree package • Exterior housewrap • Attached 2 -car garage • Full basement 2 CAR GARAGE RATIO IYO'%I Y-0' BREAKFAST 09'%IOU' DINING ^I t]' -0' %19'6' 13W Il� x :m"iv"al gytx wl.c LIVING ROOM 200'%IfU- BEDROOM 2 BEDROOMS 11'0'%100' 11'0'%13'6' FOYER FIRST FLOOR 1160 SO, FT STANDARD <:Pinuee Creek SECOND FLOOR 994 SO. FT. STANDARD 1/28/04 _..__ G FAMILY/ YB9IT%TMT4 ' SUNSRACE D�KITLH MABTEF tt'd%tab' SEDR�' EYN< 93' I *0'X16-0 S- DINING ^I t]' -0' %19'6' 13W Il� x :m"iv"al gytx wl.c LIVING ROOM 200'%IfU- BEDROOM 2 BEDROOMS 11'0'%100' 11'0'%13'6' FOYER FIRST FLOOR 1160 SO, FT STANDARD <:Pinuee Creek SECOND FLOOR 994 SO. FT. STANDARD 1/28/04 EXHIBIT "N" Continued Denver • Distinctive exterior elevations with raised entry • Maintenance free aluminum siding/Face brick per plan • Fully sodded lawn with shrub and tree package • Exterior housewrap • Attached 2 -car garage • Full basement 2W GARAGE 19'-5• X IW 5• 12'-0• % FAX N 12'-0• SREAKFAST 8 9'X 12'-0• FAMILY ROOM E 13-8•X 18'U• KRCHEN B'-0•%12'6' w DINING ROOM - d° LIVING ROOM ou 1a'a• XW-3- FLYER FIRST FLOOR SECOND FLOOR 1,089 SQ. FT. 877 SQ. FT. 1rPingree qreek 1/28/04 EXHIBIT "N" Continued Flagstaff • Distinctive exterior elevations with raised entry • Maintenance free aluminum siding/Face brick per plan • Fully sodded lawn with shrub and tree package • Exterior housewrap *Attached 2 -car garage • Full basement 2CARG . 2VL'X2tlL' FATO TL'%1TC FMT OWXIII B'�0'%II'0' FAWLY AO IF8•%16L• .� WOXEN 111r raves CL•%1F.V �. X UHIIW3 1TS%fzL• Y Irvlxo Aoou - uw•ztta' F W EPEO FCNCH FIRST FLOOR 1,206 SOFT in ree Creeh. < (. .L� SECOND FLOOR TWO BEDROOM 802 SOFT. 865 SO.FT. W/STAIRS 1/28/04 EXHIBIT "N" Continued Potomac • Distinctive exterior elevations with raised entry • Maintenance free aluminum siding/Face brick per plan • Fully sodded lawn with shrub and tree package • Exterior housewrap • Attached 2 -car garage • Full basement L2GARGARAGE P KTIO 12'-0'%X11 2'-0' BFEAKMU 8'-9'X10'4' m i i� WAG STER 14I110YROOM WE RO 16'-10' X 12'-0' BEDFOOM KIT➢HENa - 14'-0'%13b' LIVING X 0' Pvm�1 I I�� BEDROOM 2 BEpgO0M3 11'-0' X 10 W STANDARD FIRST FLOOR 1,000 SQ. FT. STANDARD SECOND FLOOR 805 SQ, FT 1/28/04