HomeMy WebLinkAbout05-12 with exhibitsResolution No. 05-12
RESOLUTION
AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT
(Meier Property — 100 Nesler 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.
sl Ed Schock _
Ed Schock, Mayor
Presented: January 12, 2005
Adopted: January 12, 2005
Vote: Yeas: 4 Nays: 2
Attest:
sl Dolonna Mecum
Dolonna Mecum, City Clerk
1/5/05
ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this 12th day of
January, 2005, 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
Linda Meyer, as trustee of the Erwin W. Meier Declaration of
Trust dated January 16, 1992, and Laverne Meier as trustee of the
Laverne Meier Declaration of Trust dated January 16, 1992
(hereinafter collectively referred as the "Owner"), and West
Point Builders Developers, Inc. (hereinafter referred as the
"Developer").
WHEREAS, Owner is the owner of record of the real property
described in Exhibit "A", which is attached hereto and made a
part hereof (which real property, for convenience, is hereafter
referred to as the "Subject Property") and the portion of the
Subject Property identified in Exhibit A as Parcel 1 of the
subject Property is not within the corporate limits of any
municipality (and which is referred to herein as the "Annexation
Property")but is contiguous to the corporate limits of the City
of Elgin; and
WHEREAS, Owner desires to annex Parcel 1 of 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, Parcel 1 of the Subject Property is not included
within the corporate limits of any municipality; and
WHEREAS, Parcel 1 of the Subject Property constitutes
territory which is contiguous to and may be annexed to the City
of Elgin as provided in Article 7 of the Illinois Municipal Code
(65 ILCS 5/7-1-1 et seq., 1993); and
WHEREAS, the Subject Property is located within the Pingree
Grove Fire Protection District, and whereas each of the Trustees
of said District was notified in writing by certified or
registered mail at least ten (10) days in advance of any action
taken with respect to the annexation of the Subject Property, and
whereas an affidavit that service of the said notice had been
provided has been filed with the County Recorder; and
WHEREAS, the Subject Property is located within Elgin and
Plato Townships, and whereas the Township Commissioner of
Highways and each of the Trustees of said Township were notified
in writing by certified or registered mail at least ten (10) days
in advance of any action taken with respect to the annexation of
the Subject Property, and whereas an affidavit that service of
the said notice had been provided has been filed with the County
Recorder; and
WHEREAS, the Mayor and City Council of the City (Corporate
Authorities) have duly set a date, time and place for a public
hearing on this Annexation Agreement, and have caused due notice
to be made of said public hearing through publication in the
Daily Courier News, a newspaper of general circulation in the
community, and the City has held such public hearing; and
WHEREAS, the Corporate Authorities of the City, after due
and careful consideration, have concluded that the annexation of
the Subject Property to the City on the terms and conditions
hereinafter set forth is in the best interests of the City; and
WHEREAS, pursuant to notice as required by statute and
ordinance public hearings were held by the Planning and
Development Commission and the Zoning and Subdivision Hearing
Board, as applicable, of the City on the requested zoning of the
Subject Property.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is hereby
acknowledged, the parties hereto hereby agree as follows:
1. This Agreement is made pursuant to and in accordance
with the provisions of Section 11 of the Illinois Municipal Code
(65 ILCS 5/11-15.1.1 et seq., 1991), and in the exercise of the
home rule power of the City.
2. The Corporate Authorities, within 30 days following:
(a) the execution of this Agreement, (b) the receipt of a current
title report verifying the owner of record of the Subject
Property by the City Clerk, and (c) the filing of Developer's
Petition for Annexation in form and substance as required by law,
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shall pass an ordinance annexing Parcel 1 of the Subject Property
to the City. By mutual agreement of the City and Developer, said
annexation may be in one or more phases. The Annexation Plat(s)
for the subject ordinance(s) shall be in the form of Exhibit B
attached hereto and made a part hereof. The parties acknowledge
and agree that the portion of the Subject Property described as
Parcel 2 on Exhibit A has previously been annexed to the City
but, notwithstanding the same, this Agreement shall apply to the
entire Subject Property as described as Parcel 3 on Exhibit A.
3. A. Immediately after the passage of the ordinance(s)
annexing Parcel 1 of the Subject Property, as provided in
paragraph 2 hereof, the Corporate Authorities shall pass or adopt
the following ordinances and resolution:
i. an ordinance zoning a portion 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 Resident District
in the form attached hereto in Group Exhibit C.
iv, an ordinance zoning a portion of the property in
the PAB Planned Area 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
Cowhey Gudmundson Leder Ltd., dated January 3
2005, (hereinafter referred to alternatively as
"the Preliminary Plat of Subdivision",
"Development Plan" or "Development") attached
hereto as Exhibit D.
B. Except as otherwise provided for in this agreement no
changes or amendments in the zoning ordinance of the City which
shall directly or indirectly adversely affect the use or
development of the Subject Property shall be of any effect unless
applicable to all comparable areas of the City.
C. The Subject Property and the Development contemplated
herein shall be developed in accordance with the Preliminary Plat
of Subdivision. Engineering for the Subject Property and the
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Development contemplated herein shall be in substantial
accordance with the Preliminary Engineering Plans prepared by
Cowhey Gudmundson Leder Ltd., dated August 2, 2004, with a final
revision date of January 3, 2005, attached hereto as Exhibit E
(hereinafter referred to as the "Preliminary Engineering Plans").
The City and the Developer agree to make reasonable
modifications to the Preliminary Plat, subdivision plat,
Preliminary Engineering and/or the landscaping plans to solve
engineering, layout and/or design problems not reasonably
foreseeable at the time of the execution of this Agreement,
provided that such changes are in substantial conformance with
the approved Preliminary Plat of Subdivision, and do not increase
the total number of dwelling units which may be constructed on
the Subject Property as contemplated in the Preliminary Plat of
Subdivision. The parties agree that any modifications which are
deemed minor by the City's Development Administrator may be
approved by the City's Development Administrator without public
hearings and without formal amendment to this agreement.
D. Developer shall be allowed to seek final approval for
the subdivision of portions of the Subject Property as depicted
in the Preliminary Plat of Subdivision and shall not be required
to submit a final plat thereof as a single unit, but may submit
for approval in accordance with applicable ordinances of the City
such plats for phased development of the Subject Property as the
Developer may determine, and as the City may approve. The City
shall approve final plats of a planned development, subdivision
or resubdivision as submitted if such plat or plats are
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.
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 City
ordinances and requirements and as are depicted on the
Preliminary Engineering Plans for the Subject Property. Except
as otherwise specifically provided herein, public improvements
shall be required only for those areas which are included in each
final plat or plats of planned unit development, subdivision, or
resubdivision except for such off-site public improvements,
including but not limited to water main loops, sanitary sewer
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facilities, and storm water management facilities as the City may
reasonably require based upon generally accepted engineering
standards. Adequate security as provided by law shall also be
furnished by Developer for any such improvements. Developer shall
dedicate to the City, and, the City shall accept, all municipal
utility easements, including water, sanitary sewer, and storm
sewer easements to detention/retention facilities, if any,
included in each phase of the project and shall also grant
easements to applicable utility companies for gas, electric,
telephone, and cable television; all of such easements and
facilities shall be consistent with the City ordinances and
practices regulating condition, placement, use and size of
easements.
4. Notwithstanding anything to the contrary in this
Agreement, Developer shall cause and provide for the annexation
of the Subject Property to the Fox River Water Reclamation
District ("FRWRD") within thirty (30) days following the
execution of this Agreement. Developer shall provide the City
with a certified copy of the ordinance annexing the Subject
Property into FRWRD. Notwithstanding anything to the contrary in
this Agreement, it is agreed and understood that no final
engineering plans, plats of subdivision, grading permits,
building permits, other construction permits or any other type of
development permits or approval of any kind shall be approved or
issued for the Subject Property unless and until the Subject
Property has been annexed to FRWRD.
5. A. Developer shall comply with the Elgin Municipal
Code Title 17 --Development Impact Fees, as amended, and pay the
fees when due as required therein. Notwithstanding the
foregoing, Developer shall pay to the City a school district
capital improvement contribution according to the formula
attached hereto as Exhibit G in lieu of the school district
capital improvement development impact fee provided for in Elgin
Municipal Code Section 17.04.010 and Developer shall pay to the
City a library district capital improvement contribution
according to the formula attached hereto as Exhibit H in lieu of
the library district capital improvement fee provided for in
Elgin Municipal Code Section 17.04.040. Such school district
capital improvement contribution and library district capital
improvement contribution shall be paid on a per unit basis (per
single family residence) prior to or concurrent with the
issuance of a building permit. Developer shall also comply with
City of Elgin Ordinance No. G2-02 and Ordinance No. G3-02 and
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shall pay to the City the park capital improvement contribution
and the public safety building capital improvement contribution
as required therein. Owner and Developer hereby represent and
agree that Developer 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. Owner and
Developer further agree that the contemplated fees and cash
contributions to the City for the improvements which may
ultimately be constructed by the City, the school district or
the library district with such fees and cash contributions are
acknowledged and agreed to be specifically and uniquely
attributable to the future development of the Subject Property
and the public improvements contemplated by such fees and cash
contributions will not otherwise be anticipated by the City, the
school district or the library district absent the annexation of
the Subject Property. Owner and Developer further hereby
acknowledge the propriety, necessity and legality of the fees
and contributions provided for in this paragraph and this
Agreement and waive any and all rights to any and all legal
challenges thereto.
B. Notwithstanding the foregoing in paragraph A above, in
exchange for the Developer constructing improvements to the City
park to be located on Lot 481 as described in this paragraph,
Developer shall receive a 100% credit against the Park Capital
Improvement Contribution (the Neighborhood Park Component).
Developer shall expend not less than $600,000 for improvements
to the City park to be located on Lot 481 in substantial
conformance with the Conceptual Master Plan for the Meier Park
prepared by the City of Elgin Parks Department dated December
17, 2004, as same may be revised in accordance with the final
plans to be prepared by the Developer subject to approval by the
City. Expenditures by the Developer for such park improvements
shall be mutually verified by the Developer and the City.
C. The calculation of the City's impact fees under current
ordinances is attached hereto as Exhibit J. Nothing herein
prevents the Developer from prepaying any impact fees in order
to avoid subsequent impact fee increases.
D. Notwithstanding the foregoing Paragraph A above, or
anything else to the contrary in this agreement, it is agreed
and understood that the City may adopt and impose against the
Subject Property additional or amended school impact fees or
contributions including, but not limited to, an amended school
district capital improvement contribution and/or a school
district transition fee. Developer agrees to and shall pay any
such amended school district impact fees or contributions in the
amounts set forth in any City ordinance providing for same and
the Owners and Developers hereby waive any and all rights to any
and all legal challenges thereto.
6. Developer agrees that, except as otherwise specifically
set forth below in this Agreement or in the Preliminary Plat of
Subdidvision attached hereto as Exhibit D, 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. Notwithstanding the foregoing,
or anything else to the contrary in this Agreement, any
development or redevelopment of the Subject Property shall
comply with the terms of the Intergovernmental Agreement between
the City and the Kane County Forest Preserve District dated
December 19, 1997, as amended ("Intergovernmental Agreement").
The City acknowledges that the Developer has satisfied this
requirement.
7. Owner shall cause all portions of Subject Property
depicted on a Preliminary Plat as wetlands, screening berms and
entry ponds, common open space area, storm water retention areas,
and dry detention areas either to be retained by Owner or to be
conveyed to a Property Owners Association or associations
consisting of the owners of all property located in areas
designated by Owner; unless said areas are to be dedicated for
public ownership and maintenance at the City's request. A
Declaration or Declarations of Covenants, Conditions and
Restrictions requiring that the Association or associations own
and maintain areas conveyed thereto shall be submitted to City
for review and approval prior to final plat approval, said
Declaration to be filed for recording, at Owner's expense, with
the final plat of the applicable phase of Subject Property as
Owner may determine.
8. Except as specifically permitted pursuant to variation
or planned development approval, or paragraphs 9 and 10 of this
Agreement, all aspects of the development and use of the Subject
Property and construction and installation of improvements
thereon, both on-site and off-site, shall comply fully with all
applicable City ordinances and codes.
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9. If during the term of this Agreement and after final
plat or planned development approval, any existing, amended,
modified or new ordinances, codes or regulations of general
applicability throughout the community to a land developer or
subdivider affecting the installation of land improvements
(streets, underground utilities, sidewalks, curbs and gutters)
upon the Subject Property are amended or modified in any manner
to impose additional requirements on the installation of land
improvements within the City, the burden of such additional
requirements shall not apply to the Subject Property. This
section shall not apply to any changes in fees imposed by the
City. City agrees that there shall be no unreasonable or
discriminatory changes in the method of calculation of fees
applicable to the Subject Property.
10. If, during the term of this Agreement, any existing,
amended, modified or new ordinances, codes or regulations
affecting the zoning, subdivision, development, construction of
improvements, buildings or appurtenances or other regulatory
ordinances regarding the public health, safety and welfare are
amended or modified in any manner to impose less restrictive
requirements on the development of, or construction upon,
properties within the City, then the benefit of such less
restrictive requirements shall inure to the benefit of Owner, and
anything to the contrary contained herein notwithstanding, Owner
may elect to proceed with respect to the development of, or
construction upon, the Subject Property upon the less restrictive
amendment or modification applicable generally to all properties
within City.
11. City hereby agrees to allow Owner to tie into the
existing sanitary sewer lines of the City, at Owner's expense,
subject to payments required under any outstanding reimbursement
ordinances, and with payment of all applicable fees. At Owner's
expense, City agrees to cooperate with Owner in obtaining all
necessary Illinois Environmental Protection Agency (IEPA) permits
required for such sanitary sewer systems and tie-ins. Owner
shall bear all costs for extensions, tie-ins, and permits
consistent with applicable City ordinances. Owner shall be
responsible for the extension of sewer lines to the far edges of
the Subject Property subject to review and approval by the City
Engineer. Owner shall install sewer line extension improvements
on the Subject Property in compliance with the Final Engineering
Plan approved by the City Engineer for each phase of the
development.
12. City hereby agrees to allow Owner to tie into the
existing water lines of the City, at Owner's expense, subject to
payments required under any outstanding reimbursement ordinances,
and with the payment of applicable fees. At Owner's expense,
City agrees to cooperate with Owner in obtaining all necessary
Illinois Environmental Protection Agency (IEPA) permits required
for such water main extensions and tie-ins. Owner shall bear all
costs for extensions, tie-ins and permits consistent with
applicable City ordinances. Owner shall be responsible for the
extension of water mains to the far edges of the Subject Property
subject to review and approval by the City Engineer. Owner shall
install water line extension improvements on the Subject Property
in compliance with the Final Engineer Plan approved by the City
Engineer for each phase of the development.
13. Upon review and recommendation by the City Engineer,
the City Council shall accept all public rights-of-way and
improvements located thereon, sanitary sewers, storm drainage
sewers and water mains lying within public rights-of-way or
public easements on the Subject Property. Any improvements
located in private rights-of-way shall be installed in easements
dedicated for and acceptable to the City. The sewer and water
service lines (from the buffalo box to the residential or
commercial unit, as the case may be) shall not be owned or
maintained by the city. Owner shall replace or repair damage to
public improvements installed within, under or upon the Subject
Property resulting from construction activities by Owner and its
employees, agents, contractors and subcontractors prior to final
acceptance by the City, but shall not be deemed hereby to have
released any such other part from liability or obligations in
this regard. Acceptance of public improvements by the City shall
be consistent with applicable City ordinances.
14. Developer shall comply with City of Elgin Ordinance No.
G 20-03 establishing a policy for the Far West Area for
Development Contributions for Roadways and shall pay such
contributions to the City when due as required therein. Owner
and Developer hereby represent and agree that Developer is
contributing such roadway improvement contributions to the City
as an inducement to the City to annex the Subject Property.
Owner and Developer further agree that the contemplated cash
contributions to the City for roadways and the road improvements
which may ultimately be constructed by the City with such cash
contributions are acknowledged and agreed to be specifically and
uniquely attributable to the future development of the Subject
Property and the public improvements contemplated by such cash
contributions would not otherwise be anticipated by the City
absent the annexation of the Subject Property. Owner and
Developer further hereby acknowledge the proprietary, necessity
and legality of the roadway improvements contributions as
provided for herein and waive any and all rights to any and all
legal challenges thereto. Said contribution shall be paid on a
per unit basis (per residence) concurrent with the issuance of a
building permit. The City acknowledges that this is the only
road impact fee which will be assessed against the development by
the City and that Developer shall not be subject to any further
impact fees or contributions for the Subject Property from the
City for road impact fees.
15. All residential structures to be constructed on the
Subject Property shall be designed and constructed in
conformance with the requirements of the planned development
ordinances enumerated in paragraph 3 hereof, the building
elevations attached hereto as Exhibit K ("Building Elevations"),
and with the private covenants referred to in paragraph 7
hereof. In the event of any conflict between the provisions of
the planned development ordinances, the 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. For all purposes of
this paragraph 15, -the following modifications shall be deemed
to be in compliance with the provisions of the planned
development ordinances covering the Subject Property: (a)
increase or reduction in size of residence by 100 or less; (b)
increase or reduction in amount of specified building material
(e.g. amount of brick) by 100 or less; and (c) moving within the
same elevation (but not eliminating) architectural features,
including but not limited to windows, doors, dormers, columns
and shutters.
16. This Agreement shall be enforceable in any court of
competent jurisdiction by any of the parties or by an appropriate
action at law or in equity to secure the performance of the
covenants herein contained. Notwithstanding the foregoing, no
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action shall be commenced by the Owner against the City for
monetary damages.
17. This Annexation Agreement shall be in effect for a
period of twenty (20) years from the date of execution hereof and
shall be binding upon and inure to the benefit of the parties
hereto, and their heirs, successors and assigns of all or any
part of the Subject Property.
18. Owner shall be responsible for costs associated with
filing and recording of the plat of annexation and any plat or
plats of subdivision or planned development for the Subject
Property.
19. If any provision of this Agreement is held invalid by a
court of competent jurisdiction or in the event such a court
shall determine that the City does not have the power to perform
any such provisions, such provisions shall be deemed to be
excised herefrom and the invalidity thereof shall not affect any
of the other provisions contained herein. Such judgment or
decree shall relieve the City from performance under such invalid
provision of this Agreement.
20. This Agreement can be amended, in writing, at any time,
by the mutual consent of all parties to this Agreement, in the
manner provided by law.
21. The City agrees that, prior to the issuance of final
plat approval the City shall, at the request of the Developer,
promptly issue to the Developer such permits as may be required
to permit the Developer to proceed with the mass grading required
for the construction of the Development; provided,- however, that
as a condition to the issuance of such permits, Developer shall
be required to submit to the City all of those matters required
by Title 21 of the EMC and to obtain development permits as
required by said Title 21.
22. The City agrees that there shall be no unreasonable or
discriminatory increases or changes in the method of calculation
of development fees compared to similar fees and charges of
general applicability throughout the City imposed by the City
which are in effect as of the date hereof.
23. After the annexation of the Subject Property to the
City, it is agreed that the City shall create and establish a
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Special Service Area for the Subject Property pursuant to 35 ILCS
200/27-5, et seq., as amended, to provide the City with the
source of revenue for maintaining, repairing, reconstructing or
replacing the stormwater drainage system, detention and retention
areas, special management areas or other improvements located on
the Common Area of the Subject Property should the homeowners
association owning the land on 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 Owner and Developer
and any of their successors in interest agree to and do hereby
waive any and all protests, objections and/or rights to petition
for disconnection regarding such Special Service Area for the
Subject Property. The Special Service Area is for the exclusive
purpose of creating a revenue source to the City for the
referenced maintenance, repairs, reconstruction or replacement
and are not intended and shall not be construed to create an
obligation of the City to provide for such maintenance, repairs,
reconstruction or replacement.
24. The Open Space Parcels, as identified on the
Preliminary Plat of Subdivision attached hereto as Exhibit D
shall be developed by the Developer in accordance with such
Preliminary Plat of Subdivision. The Developer shall convey the
Open Space Parcels to the following entities:
Entity
City of Elgin
Homeowners Association
Open Space Parcel
Parcel (s) 481
Parcel(s) 472, 473, 475,
477, 478, 485, 487, 488,
489, 490, 494, 495, 496,
497, 498 and the boulevard
medians. Such boulevard
medians shall be identified
with specific parcel numbers
at the time of final
platting.
25. Whenever consent or approval of the City is required in
order for Developer to accomplish the purpose and intent hereof,
such consent shall not be unreasonably withheld, conditioned, or
unduly delayed. If such consent or approval is denied, such
denial shall be in writing and shall specify the reason or
reasons for such denial.
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26. 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
Subject Property without setting forth the alleged violations in
writing, and Developer shall forthwith proceed to correct such
violations as may exist; provided, however, that the City shall
give notice to Developer of its intention to issue stop orders in
advance of the actual issuance of such stop orders, except in the
event an emergency is deemed to exist by the City.
27. The City agrees to issue, within a reasonable time
after initial submission, review, and approval of building
construction plans, and the payment of required building permit
fees and all other applicable fees, all necessary building and
other permits for the construction of any and all improvements on
the Subject Property or issue a letter of denial within said
period of time informing Developer and the applicant as to
wherein the application does not conform to the stated section of
the Code. The 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.
28. The City agrees to issue Certificates of Occupancy
within a reasonable time (which, in any event, shall not exceed
10 business days) after application or to issue a letter of
denial within said period of time informing Developer and the
individual or entity to whom the building permit was issued
specifically as to those corrections necessary as a condition to
the issuance of a Certificate of Occupancy and quoting the
section of the Code relied upon by the 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 (125%) percent of the
cost of any incomplete site work. The City shall allow one
master bond at a mutually agreed upon amount to cover any
incomplete work for multiple numbers of dwelling units, which
amount shall be increased in the event the City determines that
the amount of the bond is insufficient.
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29. A. Except with respect to the construction of the off-
site sanitary sewer, it is understood that prior to the
construction of any streets or any other public improvements,
Developer shall submit the required plans, final plat,
specifications and engineer's estimate of probable cost, for
approval by the City Engineer, as provided herein, after which
and upon providing the required surety bond, the Developer may
proceed to construct said streets and other public improvements.
Upon installation of the asphalt base course and upon completion
of other portions of the improvements, the security shall be
reduced to an amount which, in the opinion of the City Engineer,
is sufficient to ensure completion of the work yet to be
performed.
B. The acceptance of public improvements by the City shall
(i) be accomplished within a reasonable time after notice of
completion by Developer and full compliance with applicable codes
and ordinances, (ii) follow the posting by Developer of a
guarantee bond acceptable to the City in accordance with
applicable ordinances, and (iii) be made only by the passage of a
resolution by the City Council of the City after filing with the
City Clerk of a certificate by the City Engineer certifying that
all such improvements have been completed and the construction or
installation thereof has been approved by him. If appropriate
under the circumstances, such acceptance shall be in phases, as
such phases are complete.
C. From and after the acceptance of any public
improvements by the City, such public improvements shall be
maintained, reconstructed, repaired, and replaced by the City and
all cost and expense of operation, maintenance, repair,
reconstruction, and replacement of such public improvements shall
be the sole responsibility of the City. Warranty period bonding
or a suitable alternative (such as an irrevocable letter of
credit or a cash deposit) shall be provided in accordance with
ordinances of the City.
D. It shall be a condition to the City's obligation to
accept dedication of any public improvement that the dedication
of such improvement be accompanied by the grant of appropriate
easements to permit the City to carry out its responsibilities
with respect to such improvements.
30. Except as otherwise provided by law including, but not
limited to, the provisions of 70 ILCS 705/20(b), from and after
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the annexation of the Subject Property to the City, the City
shall from time to time provide, on a basis comparable to and not
less favorable than that applicable to other areas of the City
bearing similar characteristics to the Subject Property, all
services for the Subject Property and the occupants and
properties located therein, of the same kind, character, and
quality including, without limitation, fire protection and police
protection, which are at any such time provided for other areas
of the City. It is agreed and understood that the services
referred to in this paragraph that the City will be providing are
general services only and that no special duties or obligations
are intended nor shall be deemed or construed to be created by
this Agreement. It is further agreed and understood that this
Agreement is not intended nor shall be construed to alter, limit,
or constitute a waiver of any of the civil immunities afforded
the City and/or its employees pursuant to the Local Governmental
and governmental Employees Tort Immunity Act at 745 ILCS 10/1-101
et seq., as amended, it being agreed that all of the civil
immunities as set forth in such Act, as amended, shall fully
apply to any claims asserted or which might be asserted against
the City and/or its employees as a result of this Agreement or
any of the actions of the parties pursuant to this Agreement.
Without limiting the foregoing, it is further agreed and
understood that the City and/or its employees as a result of this
Agreement or any of the actions of the parties pursuant to this
Agreement shall not be liable to any party to this Agreement or
to any other person or entity for failure to provide adequate
police protection or service, failure to prevent the commissions
of crime, failure detect or solve crimes, failure to identify or
apprehend criminals, failure to provide fire protection, rescue,
or emergency service, failure to suppress or contain a fire, or
failure to provide or maintain sufficient personnel, equipment,
or other fire protection facilities. Notwithstanding anything to
the contrary in this paragraph or in this Agreement, it is agreed
and understood that no action may be commenced by any person or
entity against the City or its officials, officers, employees, or
other related persons or entities for monetary damages for any
alleged breach of the provisions of this paragraph or other
provisions of this Agreement.
31. The parties hereto agree that there has been taken all
action required by law, including the holding of such hearings as
may be required, to bring about the amendments to the Zoning
Ordinance of the City and other related ordinance amendments as
may be necessary or proper in order to zone and classify the
-15-
Subject Property so as to enable the same to be used and
developed as contemplated herein and to enable the parties to
execute this Agreement and fully carry out the covenants,
agreements, duties, and obligations created and imposed by the
terms and conditions hereof.
32. A. The City agrees to adopt a recapture ordinance(s)
with the Developer to collect from the owner or owners of
benefited properties at the time of annexation or if annexation
is completed before the improvements are accepted then as a
condition to the approval of the first subdivision plat their
pro -rata share of the cost of the following improvements:
(i) to the extent and only if the City subsequently
agrees that a recapture ordinance(s) is
appropriate and necessary, such off-site public
utility improvements constructed by the Developer
which are oversized to serve and benefit other
properties.
B. The recapture ordinance(s) shall provide for interest
from the time any such improvements are completed, at the market
rate prevailing at the time the recapture agreement is entered.
In any such recapture ordinance(s), the City shall determine the
benefited properties and the amount subject to recapture for such
benefited off-site properties on a cost -benefit basis acceptable
to the City and Developer. Any obligations of the City under such
recapture agreements shall be non-recourse to the City, and shall
provide that the City shall not be responsible in the event there
is no development of the property contemplated to be benefited by
such improvement or the recapture fees are otherwise uncollected
for any reason other than the failure of the City to act in good
faith in connection with same.
C. Notwithstanding anything to the contrary contained in
this agreement, it is agreed and understood that the City may
adopt additional recapture ordinances encumbering the Subject
Property for off-site utility improvements which benefit the
Subject Property.
33. A. Prior to the commencement of the construction and
final plat approval for each unit, the Developer shall submit to
the City Zoning Administrator a plan showing the location of all
proposed temporary construction and sales trailers/offices,
including parking areas, fencing, signage and landscape
treatment. Said plan shall also indicate the one general location
of where all construction and material storage trailers other
than the trailers for the sales office shall be located. The
Developer shall be permitted three sales trailers, two
construction trailers and eight material storage trailers. The
Developer shall have the right to use the construction and
material storage trailers for the purpose of its construction and
sales activities until construction is completed on the Subject
Property. 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 tc
all temporary sales trailers/office facilities. The Developer
agrees to hold the City harmless for any liability associated
with the installation and operation of any temporary facilities.
34. A. Prior to final plat and engineering approval for any
phase of the development and in advance of completing the
installation of sanitary, storm drainage system, water mains and
roadway improvements, the Developer shall be permitted at the
Developer's sole risk, to construct and maintain three model home
areas and associated sales offices ("Model Areas"); to construct
and maintain other appurtenant facilities for said model units,
including an 15 x 15 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 promotions and offices for
sales personnel, all as may be desirable or in any way connected
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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 temporary water and sanitary 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.
35. Developer shall at all times post in a conspicuous
place within the sales office, a copy of the Development Plan and
a map designating surrounding land uses and public properties on
adjacent lands.
36. The Developer shall pay (or reimburse the City for
payment of) the disconnection fee, if any, payable to the Pingree
Grove Fire Protection District under the provisions of 70 ILCS
705/20 (e). At the time of annexation, the Developer shall
deposit with the City the amount of such disconnection fee;
provided, however, that if such disconnection fee cannot be
determined with precision, then the Developer shall deposit with
the City the estimated amount of such disconnection fee (based on
the last ascertainable tax bill), and upon the issuance of the
final tax bill upon which such calculation and loss, according to
statute, be based, the City and the Developer shall equitably
readjust the amount of such payment.
37. This Agreement is and shall be deemed and construed to
be the joint and collective work product of the City and
Developer and, as such, this Agreement shall not be construed
against any party, as the otherwise purported drafter of same, by
any court of competent jurisdiction in order to resolve any
inconsistency, ambiguity, vagueness or conflict in terms or
provisions, if any, contained herein.
38. Notwithstanding anything to the contrary contained in
Paragraph 16 of 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.
39. This Agreement is adopted pursuant to the provisions of
the Illinois Municipal Code; provided, however, that any
limitations in the Illinois Municipal Code in conflict with the
provisions of this Agreement shall not be applicable, and as to
all such provisions the City hereby exercises its powers pursuant
to the provisions of Article VII, Section 6 of the Constitution
-19-
of the State of Illinois. Simultaneously with the annexation of
the Subject Property and without further public hearings, the
City agrees, to the extent it may lawfully do so, to adopt such
ordinances as may be necessary to effectuate the use of its home
rule powers. City recognizes and agrees that the entry into this
Agreement, the annexation of the Subject Property to the City,
and the zoning of the Subject Property as set forth in Paragraph
3 hereof, are upon the express reliance by Developer that the
terms and provisions of this Agreement shall be valid for the
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.
40. 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.
41. Except as otherwise provided herein, it is understood
and agreed by the parties hereto that, in the event all or any
portion of the Subject Property is sold or conveyed at any time
during the 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.
42. 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 CorporateAuthorities:
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Attention: City Clerk
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With a copy to: City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Attention: Corporation Counsel
If to Developer:
West Point Builders and Developers, Inc.
8231 W. 185th Street, Suite 300
Tinley, Park, Illinois 60477
With a copy to:
Lawrence M. Freedman
Ash Anos Freedman & Logan LLC
77 W. Washington St., Suite 1211
Chicago, Illinois 60602
43. If the Subject Property, or portions thereof, are
currently used for the planting, harvesting, housing, storage and
selling of soil grown crops then the Subject Property or the
portions thereof used for such purposes may continue to be used
from time to time for the planting, harvesting, housing, storage
and selling of soil crops grown on the Subject Property as lawful
nonconforming uses until such time as another use allowed under
the City of Elgin Zoning Ordinance is established or until it is
under development as provided herein.
44. It is agreed that time is of the essence of this
Agreement and each and every term and condition hereof and that
the parties shall make every reasonable effort to expedite the
matters included herein.
45. The City and Developer agree to take all steps
necessary or appropriate to carry out the terms of this Agreement
and to aid and assist the other party, including enactment of
such resolutions and ordinances and the taking of such other
actions as may be necessary or desirable to enable the parties to
comply with and give effect to the terms of this Agreement.
46. This Agreement shall insure to the benefit of, and be
binding upon, the parties hereto, the successors in title of the
Developer, and each of them, their respective successors,
grantees, lessees, and assigns, and upon successor corporate
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authorities of the City and successor municipalities.
47. This Agreement may be executed in any number of
counterparts and duplicate originals, each of which shall be
deemed an original, but all of which shall constitute one and the
same instruments.
48. This Agreement constitutes a covenant running with the
land composing the Subject Property, binding upon the parties
hereto, the successors in title of the Owner and Developer and
each of them, all grantees, successors, and assigns of the
respective parties hereto, including successor corporate
authorities and successor municipalities of the City.
49. In the event any phrase, paragraph, article or portion
of this Agreement is found to be invalid or illegal by any court
of competent jurisdiction, such finding of invalidity as to that
portion shall not affect the validity, legality or enforceability
of the remaining portions of this Agreement.
50. The Owner and/or Developer and/or any of the Owner's
and/or Developer's successors in interest shall not file, cause
to be filed, or take any action that would result in the
disconnection or deannexation of the Subject Property from the
City of Elgin during the term of this Agreement.
51. It is agreed that in the event the Owner and/or
Developer or any of their successors in interest, propose to
amend the zoning ordinances referred to in Paragraph 3 of this
Agreement, above, then any such proposed rezoning or amendment to
such zoning ordinances shall require the amendment of this
Agreement upon the terms and conditions which are acceptable to
the City, in the City's sole discretion. However, with respect
to the requirement of the Owner's signature only the written
approval of the legal titleholder of the interest in the property
affected by the proposed amendment shall be required to initial
such a proposed amendment to this Agreement.
52. The City has completed construction of the so-called
Otter Creek Life Station ("Lift Station") and installed an
effluent (discharge) line connecting the discharge side of said
Lift Station to the Bowes Road Interceptor Phase II ("BRIS 211)
sewer line. The City has also constructed an additional
interceptor sewer running parallel to the Bowes Road Interceptor
line and leading from the eastern most terminus of the Bowes Road
-22-
Interceptor 2 line to the west treatment of FRWRD at Route 31 and
Dana Drive, Elgin, Illinois (hereinafter called "BRIS 1B").
A. The City (i) acknowledges that the Lift Station and
BRIS 1B were designed and constructed with sufficient capacity to
serve the Subject Property and (ii) agrees to reserve sufficient
capacity (commonly referred to as "PE", or "population
equivalents") within the Lift Station, BRIS 2 and BRIS 13, and
all sanitary sewer lines owned by the City which service the
Otter Creek Service Area so as to serve the number of residential
units approved by the City for the project contemplated in the
Preliminary Plat of Subdivision.
B. The City acknowledges and agrees that Owner and
Developer are changing their position with respect to the Subject
Property and making a substantial investment in the development
of same in express reliance upon the full and faithful
performance by the City of its covenants and agreements as
contained in this paragraph 52.
C. The construction by the City of the Otter Creek Lift
Station, the effluent lines leading to BRIS 2, and the sewer line
from the Otter Creek Lift Station which terminates immediately
east of Otter Creek (the Otter Creek Lift Station, the effluent
lines discharging therefrom to BRIS 2, and the sewer line from
the Otter Creek Lift Station which terminates immediately east of
Otter Creek shall be hereinafter collectively called the "Otter
Creek Lift Station System"). Developer shall comply with City
Ordinance No. 22-03 providing for reimbursements to the City for
the Otter Creek Lift Station System and shall make payments to
the City when due as required therein. Owner and Developer
hereby acknowledge the propriety, necessity, and legality of such
ordinance and the payments provided for therein and waive any and
all rights to any and all legal challenges thereto.
D. The City, Developer, and others contemplate negotiating
an agreement to provide for the construction of a regional
sanitary sewer line. In the event that such an agreement is
executed, the City and Developer agree that the regional sanitary
sewer shall be constructed pursuant to said Sewer Line
Construction, contribution and Recapture Agreement.
E. The design, plan review, construction, construction
inspection, and construction administration for any interceptor
sanitary sewer to be constructed in conjunction with the
-23-
development of the Subject Property, whether off-site or on-site,
shall also be in compliance with the Far West Interceptor Sewers
Policy for Inspections and Construction, dated April 30, 2003,
attached hereto and incorporated herein by this reference as
Exhibit "L".
53. The City agrees to allow the Developer to construct
within the boundaries of the Subject Property the utilities of
sanitary sewer, storm sewer and water in substantial conformance
with the Preliminary Engineering Plans. In consideration of the
City's consent to allow the Developer to locate sanitary sewer
lines, water mains or stormwater lines outside of the pavement
areas in the parkway portion of the public right-of-way, the
Developer shall pay to the City prior to and as a condition to
the issuance of each residential building permit for the Subject
Property an additional fee of $785.56 per dwelling unit.
Notwithstanding the foregoing, or anything else to the contrary
in this paragraph or in this agreement, in the event the City
Engineer determines that physical constraints prohibit the
location of such utilities in certain areas of the unpaved
portion of the parkway portion of the public right-of-way, the
City Engineer may direct the Developer to locate the utilities in
such areas to be located under the pavement in the right-of-way.
In such event the preceding figure of $785.56 of the City's
share of cost savings shall be recalculated as approved by the
City Engineer to reflect the additional costs, if any, incurred
by the Developer in locating such portions of the utilities under
the pavement in the public right-of-way.
54. Notwithstanding anything to the contrary in the
Preliminary Engineering Plans or in this Agreement, Developer at
its -cost shall construct improvements to the access points from
the Subject Property to Nesler Road as determined and required by
the City Engineer.
55. Notwithstanding anything to the contrary in the
Preliminary Engineering Plans or in this Agreement, Developer at
its cost shall cause a bike path to be constructed on the
commercial parcel at the time such commercial parcel develops.
56. Notwithstanding anything to the contrary in the
Preliminary Engineering Plans or in this Agreement, Developer at
its cost shall cause all utilities, including but not limited to,
telephone, electric, gas, sanitary sewer, storm sewer, water and
cable television, to be installed underground and in recorded
easements. The foregoing shall apply for all utilities located
on the Subject Property and all utilities being located off-site
but being constructed adjacent to or in order to provide service
to the Subject Property.
57. Notwithstanding anything to the contrary in the
Preliminary Plat of Subdivision, the Preliminary Engineering
Plans or in this agreement, developer at the time of final
platting shall include as part of the dedicated public right-of-
way the triangular shaped piece of property located at the
northeast corner of the Subject Property immediately south of the.
unsubdivided parcel located at the corner of Route 20 and Nesler
Road. Such triangular shaped piece of property to be included in
the public right-of-way dedication is immediately west of Nesler
Road and is twenty-seven feet (27') wide at the eastern line of
such property.
IN WITNESS WHEREOF, the Elgin Corporate Authorities, Owner
and Developer have hereunto set their hands and seals and have
caused this instrument to be executed by their duly authorized
officials and the corporate seal affixed hereto, all on the day
and year first above written.
CITY OF ELGIN, a municipal OWNER
corporation
Linda Meyer, as trustee of the
Erwin W. Meier Declaration of Trust
dated January 16, 1992,
By _. By %
Mayor
Attest: Laverne Meier as trustee of the
Laverne Meier Declaration of Trust
dated January 16, 1992
By C& &_'au&�L,IsL t4i�
d1
City Clerk
Inc.
DEVELOPER
West Point Builders Developers,
-25-
i
By
F:\Legal Dept\Agreement\Annexation-West Point Buildi_rs-Me _r rust--05-05-Final.doc
EXHIBITS
Exhibit A: Legal Description of Subject Property
Exhibit B: Annexation Plat
Group Exhibit C: PSFR2 Zoning Ordinance, PCF Zoning Ordinance,
PMFR Zoning Ordinance, PAB Zoning Ordinance and
Resolution Approving Preliminary Plat of
Subdivision
Exhibit D: Preliminary Plat of Subdivision
Exhibit E: Preliminary Engineering Plans
Exhibit F: Intentionally Omitted
Exhibit G: School District Capital Improvement Contribution
Formula
Exhibit H: Library District Capital Improvement Contribution
Formula
Exhibit
I:
Conceptual Plan
for Park Improvements
Exhibit
J:
Calculation of
Impact Fees under current ordinances
Exhibit K: Building Elevations for Residential Structures
Exhibit L: Far West Interceptor Sewers Policy for Inspections and
Construction, dated April 30, 2003.
-26-
EXHIBIT A
MEIER PROPERTY LEGAL DESCRIPTIONS
PARCEL I (NOT PREVIOUSLY ANNEXED TO THE CITY OF ELGIN):
THAT PART OF SECTION 18 AND PART OF THE NORTHWEST QUARTER OF
SECTION 19, ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN AND PART OF THE SOUTHEAST QUARTER OF
SECTION 13, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST
QUARTER OF SAID SECTION 18; THENCE SOUTH ALONG THE WEST LINE OF
SAID NORTHEAST QUARTER 462 FEET TO THE CENTERLINE OF U.S. ROUTE
20; THENCE NORTH 64°05' WEST ALONG SAID CENTERLINE, 30.36 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE SOUTH 64°05'
EAST ALONG SAID CENTERLINE OF HIGHWAY, 925.4 FEET FOR THE POINT
OF BEGINNING; THENCE SOUTH 64005' EAST ALONG SAID CENTERLINE,
882.86 FEET TO A POINT 289.74 FEET WESTERLY OF THE INTERSECTION OF
THE CENTER OF SAID ROAD WITH THE CENTER OF A ROAD RUNNING
NORTHEASTERLY THROUGH SAID SECTION 18; THENCE SOUTH 31°30' WEST
PARALLEL WITH THE CENTER OF SAID ROAD, 792.99 FEET; THENCE SOUTH
64005' EAST, 289.4 FEET TO THE CENTER OF ROAD; THENCE SOUTH 31°21'
WEST, 1868.62 FEET TO AN ANGLE IN SAID ROAD; THENCE SOUTH 50°05'
WEST, 170 FEET; THENCE SOUTH 40°47WEST ALONG THE CENTER OF SAID
ROAD, 2335 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B";
THENCE NORTH 49°39' WEST, 1502 FEET; THENCE NORTH 46°28' EAST, 992.2
FEET; THENCE NORTH 46°39' EAST, 1479.8 FEET TO A POINT SOUTH 48° EAST,
20.92 CHAINS FROM THE POINT ON THE TOWNSHIP LINE 29 CHAINS SOUTH
OF THE NORTHWEST CORNER OF SAID SECTION 18, AFORESAID; THENCE
NORTH 48° WEST, 591.3 FEET TO A POINT SOUTH 25°13' WEST FROM POINT
"A", AFORESAID; THENCE NORTH 25°13' EAST, 1688.6 FEET TO A POINT 530.4
FEET SOUTHERLY MEASURED ALONG THE LAST DESCRIBED LINE FROM
SAID POINT. "A"; THENCE SOUTH 64005; EAST PARALLEL WITH THE
CENTERLINE OF U.S. ROUTE 20, 926 FEET TO A POINT SOUTH 25°22' WEST
FROM THE POINT OF BEGINNING; THENCE NORTH 25°22' EAST, 524.8 FEET
TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THE FOLLOWING
DESCRIBED PROPERTY:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST
QUARTER OF SAID SECTION 18; THENCE SOUTH -ALONG THE WEST LINE OF
SAID NORTHEAST QUARTER 462 FEET TO THE CENTERLINE OF U.S. ROUTE
20; THENCE NORTH 64°05' WEST ALONG SAID CENTERLINE, 30.36 FEET;
THENCE SOUTH 64°05' EAST ALONG SAID CENTERLINE OF HIGHWAY, 925.4
FEET; THENCE SOUTH 64°05' EAST ALONG SAID CENTERLINE, 882.86 FEET
TO A POINT 289.74 FEET WESTERLY OF THE INTERSECTION OF THE CENTER
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1 1/6/2005
OF SAID ROAD WITH THE CENTER OF A ROAD RUNNING NORTHEASTERLY
THROUGH SAID SECTION 18; THENCE SOUTH 31°30' WEST PARALLEL WITH
THE CENTER OF SAID ROAD, 792.99 FEET; THENCE SOUTH 64°05' EAST, 289.4
FEET TO THE CENTER OF ROAD; THENCE SOUTH 31'21' WEST, 1868.62 FEET
TO AN ANGLE IN SAID ROAD; THENCE SOUTH 50°05' WEST, 170 FEET;
THENCE SOUTH 40°47' WEST ALONG THE CENTER OF SAID ROAD, 2335 FEET;
THENCE NORTH 49°39' WEST, 1502 FEET; THENCE NORTH 46°28' EAST, 992.2
FEET; THENCE NORTH 46°39' EAST, 119.08 FEET TO THE POINT OF
BEGINNING - OF THIS DESCRIPTION; THENCE CONTINUING NORTH 46039'
EAST, 300.00 FEET; THENCE SOUTH 43°21" EAST, PERPENDICULAR TO THE
PREVIOUS COURSE, ALONG A LINE HEREINAFTER REFERRED TO AS "LINE
A", 1368.16 FEET TO THE CENTER OF THE AFORESAID ROAD RUNNING
NORTHEASTERLY THROUGH SAID SECTION 18; THENCE SOUTH 40°47' WEST
ALONG THE CENTER OF SAID ROAD, 301.53 FEET TO A POINT THAT IS
SOUTH 43°2P EAST FROM THE POINT OF BEGINNING; THENCE NORTH 43021'
WEST, ALONG A LINE HEREINAFTER REFERRED TO AS "LINE B", 1398.54
FEET TO THE POINT OF BEGINNING, AND ALSO EXCEPTING THEREFROM
THE FOLLOWING DESCRIBED PROPERTY:
THE EASTERLY 33.00 FEET OF THE SOUTHERLY 2415.67 FEET OF THE ABOVE
DESCRIBED PARCEL (NESSLER ROAD), MEASURED ALONG THE EASTERLY
LINE THEREOF FROM POINT "B", AFORESAID, EXCEPT THAT PART THEREOF
LYING SOUTHERLY OF "LINE A", AFORESAID AND NORTHERLY OF "LINE B",
AFORESAID, TOGETHER WITH THE FOLLOWING DESCRIBED PROPERTY:
THAT PART OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 41
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST
QUARTER; THENCE SOUTH ALONG THE WEST LINE OF SAID NORTHEAST
QUARTER, 462 FEET TO THE CENTERLINE OF U.S. ROUTE 20; THENCE SOUTH
64005' EAST ALONG SAID CENTERLINE, 541.86 FEET FOR THE POINT OF
BEGINNING; THENCE SOUTH 25°55' WEST, 528 FEET; THENCE SOUTH 64°05'
EAST PARALLEL WITH THE CENTERLINE OF SAID U.S. ROUTE 20, 351.78
FEET; THENCE NORTH 25055' EAST, 528 FEET TO A POINT ON THE
CENTERLINE OF SAID U.S. ROUTE 20, 874.50 FEET EASTERLY OF, MEASURED
ALONG SAID CENTERLINE, THE WEST LINE OF SAID NORTHEAST QUARTER;
THENCE NORTH 64005' WEST ALONG SAID CENTERLINE TO THE POINT OF
BEGINNING, SITUATED IN THE TOWNSHIPS OF ELGIN AND PLATO, COUNTY
OF KANE, IN THE STATE OF ILLINOIS.
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2 1/6/2005
PARCEL 2 (PREVIOUSLY ANNEXED TO THE CITY OF ELGIN):
THAT PART OF SECTION 18. AND PART OF THE NORTHWEST QUARTER OF
SECTION 19, ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN AND PART OF THE SOUTHEAST QUARTER OF
SECTION 13, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST
QUARTER OF SAID SECTION 18; THENCE SOUTH ALONG THE WEST LINE OF
SAID NORTHEAST QUARTER 462 FEET TO THE CENTERLINE OF U.S. ROUTE
20; THENCE NORTH 64°05' WEST ALONG SAID CENTERLINE, 30.36 FEET;
THENCE SOUTH 64°05' EAST ALONG SAID CENTERLINE OF HIGHWAY, 925.4
FEET; THENCE SOUTH 64°05' EAST ALONG SAID CENTERLINE, 882.86 FEET
TO A POINT 289.74 FEET WESTERLY OF THE INTERSECTION OF THE CENTER
OF SAID ROAD WITH THE CENTER OF A ROAD RUNNING NORTHEASTERLY
THROUGH SAID SECTION 18; THENCE SOUTH 31°30' WEST PARALLEL WITH
THE CENTER OF SAID ROAD, 792.99 FEET; THENCE SOUTH 64°05' EAST, 289.4
FEET TO THE CENTER OF ROAD; THENCE SOUTH 31 °21' WEST, 1868.62 FEET
TO AN ANGLE IN SAID ROAD; THENCE SOUTH 50°05' WEST, 170 FEET;
THENCE SOUTH 40°47' WEST ALONG THE CENTER OF SAID ROAD, 2335 FEET;
THENCE NORTH 49°39' WEST, 1502 FEET; THENCE NORTH 46028' EAST, 992.2
FEET; THENCE NORTH 46°39' EAST, 119.08 FEET TO THE POINT OF
BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING NORTH 46°39'
EAST, 300.00 FEET; THENCE SOUTH 43°21" EAST, PERPENDICULAR TO THE
PREVIOUS COURSE, ALONG A LINE HERELNAFTER REFERRED TO AS "LINE
A", 1368.16 FEET TO THE CENTER OF THE AFORESAID ROAD RUNNING
NORTHEASTERLY THROUGH SAID SECTION 18; THENCE SOUTH 40°47' WEST
ALONG THE CENTER OF SAID ROAD, 301.53 FEET TO A POINT THAT IS
SOUTH 43°2P EAST FROM THE POINT OF BEGINNING; THENCE NORTH 43°21'
WEST, ALONG A LINE HEREINAFTER REFERRED TO AS "LINE B", 1398.54
FEET TO THE POINT OF BEGINNING, TOGETHER WITH THE FOLLOWING
DESCRIBED PROPERTY:
THE EASTERLY 33.00 FEET (NESSLER ROAD) OF THE SOUTHERLY 2415.67
FEET OF THE ABOVE DESCRIBED PARCEL, MEASURED ALONG THE
EASTERLY LINE THEREOF FROM POINT "B", AFORESAID, EXCEPT THAT
PART THEREOF LYING SOUTHERLY OF "LINE A", AFORESAID AND
NORTHERLY OF "LINE B", AFORESAID, SITUATED IN THE TOWNSHIPS OF
ELGIN AND PLATO, COUNTY OF KANE, IN THE STATE OF ILLINOIS.
F:\cadd\3094.00\500\LGL ANNEXED NOTANNEXED.doc & .ans
3 1/6/2005
PARCEL 3 (ALL OF THE PROPERTY):
THAT PART OF SECTION 18 AND PART OF THE NORTHWEST QUARTER OF
SECTION 19, ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN AND PART OF THE SOUTHEAST QUARTER OF
SECTION 13, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST
QUARTER OF SAID SECTION 18; THENCE SOUTH ALONG THE WEST LINE OF
SAID NORTHEAST QUARTER 462 FEET TO THE CENTERLINE OF U.S. ROUTE
20; THENCE NORTH 64°05' WEST ALONG SAID CENTERLINE, 30.36 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE SOUTH 64°05'
EAST ALONG SAID CENTERLINE OF HIGHWAY, 925.4 FEET FOR THE POINT
OF BEGINNING; THENCE SOUTH 64°05' EAST ALONG SAID CENTERLINE,
882.86 FEET TO A POINT 289.74 FEET WESTERLY OF THE INTERSECTION OF
THE CENTER OF SAID ROAD WITH THE CENTER OF A ROAD RUNNING
NORTHEASTERLY THROUGH SAID SECTION 18; THENCE SOUTH 31°30' WEST
PARALLEL WITH THE CENTER OF SAID ROAD, 792.99 FEET; THENCE SOUTH
64°05' EAST, 289.4 FEET TO THE CENTER OF ROAD; THENCE SOUTH 31°21'
WEST, 1868.62 FEET TO AN ANGLE IN SAID ROAD; THENCE SOUTH 50°05'
WEST, 170 FEET; THENCE SOUTH 40'47' WEST ALONG THE CENTER OF SAID
ROAD, 2335 FEET; THENCE NORTH 49°39' WEST, 1502 FEET; THENCE NORTH
46°28' EAST, 992.2 FEET; THENCE NORTH 46°39' EAST, 1479.8 FEET TO A
POINT SOUTH 48° EAST, 20.92 CHAINS FROM THE POINT ON THE TOWNSHIP
LINE 29 CHAINS SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 18,
AFORESAID; THENCE NORTH 48° WEST, 591.3 FEET TO A POINT SOUTH 25°13'
WEST FROM POINT "A", AFORESAID; THENCE NORTH 25°13' EAST, 1688.6
FEET TO A POINT 530.4 FEET SOUTHERLY MEASURED ALONG THE LAST
DESCRIBED LINE FROM SAID POINT "A"; THENCE SOUTH 64°05; EAST
PARALLEL WITH THE CENTERLINE OF U.S. ROUTE 20,926 FEET TO A POINT
SOUTH 25°22' WEST FROM THE POINT OF BEGINNING; THENCE NORTH 25°22'
EAST, 524.8 FEET TO THE POINT OF BEGINNING, TOGETHER WITH THE
FOLLOWING DESCRIBED PROPERTY:
THAT PART OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 41
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST
QUARTER; THENCE SOUTH ALONG THE WEST LINE OF SAID NORTHEAST
QUARTER, 462 FEET TO THE CENTERLINE OF U.S. ROUTE 20; THENCE SOUTH
64005' EAST ALONG SAID CENTERLINE, 541.86 FEET FOR THE POINT OF
BEGINNING; THENCE SOUTH 25°55' WEST, 528 FEET; THENCE SOUTH 64°05'
F:\cadd`3094.00\500\LGL_ANNEXED_NOTANNEXED.doc & .ans
4 1/6/2005
EAST PARALLEL WITH THE CENTERLINE OF SAID U.S. ROUTE 20, 351.78
FEET; THENCE NORTH 25°55' EAST, 528 FEET TO A. POINT ON THE
CENTERLINE OF SAID U.S. ROUTE 20, 874.50 FEET EASTERLY OF, MEASURED
ALONG SAID CENTERLINE, THE WEST LINE OF SAID NORTHEAST QUARTER;
THENCE NORTH 64005' WEST ALONG SAID CENTERLINE TO THE POINT OF
BEGINNING, SITUATED IN THE TOWNSHIPS OF ELGIN AND PLATO, COUNTY
OF KANE, IN THE STATE OF ILLINOIS.
F:\cadd\3094.00\500\LGL ANNEXED NOTANNEXED.doc & .ans
5 1/6/2005
GRAPHIC SCALE
( M PEES )
1 IMX " 2OD ID
NOTES:
1. THE
PLANE , EAST ZONE NGS (1997 —.1DJU IS PLAY ARE BASED UPON —1 ILLINOIS STATE
2. ALL AREAS ME MORE OR LEW.
PLAT OF ANNEXATION TO THE CITY OF ELGIN
MEIERR� FARM
STATE OF
MIS ISTO CERTIFY THAT TIE UNDERSIGNED 15 THE OWNER K THE LAND
DESCRIBED IN THE ANEXED PLAT. AND THAT HE HAS CAUSED THE SAME TO BE
PLATTED AS INDICATED THEREON. FOR ME USES AND PURPOSES THEREIN SET
FORM, AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE
AND TITLE THEREON INDICATED.
ADDRESS - -
DATED MIs DAY OF A.D.. 2D—
STATE DF )
CQNTr 6 )) SS
r. A NOTARY PUBLIC, IN AND FOR
-.7_C-11..CQINTY, IN THE STATE AFORESAID. DO HEREBY COPT I FY THAT
SANE PERSON$PERSONALLT KNUNI TO NE M BE THE
MDSE NAMES ARE SUOSGHI BED TO THE FOREGOING INSTRLMENT M
SUCKOMERS. APPEARED XEFOIE YE MIS DAY IN PERSON AND ACKNOWLEDGED
MAY
THEY SHED IGNED ARELIYERED THE ANNEXED PLAT AT THEIR 0. FREE AND
VOLUNTARY ACT FOR THE MS AND PURPOSES MENEM SET FORM.
GIVEN UNDER NY MAID AND NGTMIAL SCA. MIS _ DAY OF
A.D., 20AY
NOTARY PUBLre .
LEGEND
E.TER LIM -
a—MY LINE
SECTION LINE
_ EXISTING RIGHT -DF -NAY LINE 4
EXISTING LOT LINE
E. 'f P °_"0 W ..L'� EXISTING LIMITS OF THE CITY OF ELGIN
11,77'3 M R Q V—AB HEREBY ANNEXED TO THE CITY OF ELGIN
PAN EL ONE
MAT PMT OF SECTION 18 AND PMT OF THE NORNIIEST QUARTER OF SECTION 19.
ALL IN FORKSHIP 41 NORTH. RANGE 6 EMT OF TE THIRD PRINCIPAL MERIDIAN
AND, PMT OF THE SONTEMY QUMTER OF SECTION 13, TOWNSHIP 41 NGHIM,
RANGE T EAST OF THE THIRD PRINCIPAL IERIDIAR, DESCRIBED AS 10.LOM5:
COMM ING AT THE NORTHWEST CORER OF THE NORTHEAST QUARTER OF SAID
SECTION IB; THENCE SOUTH ALONG ME REST LINE OF SAID NORTHRMT -11
CE TERL NE, SO— FEET TO A POINT 289.74 FEET 11ESTERLY OF ME
t NTERSECTIOI DF THE CENTER OF SAID ROAD IIIJWCENTER OF A ROAD
RUHRING XONHEMTERLY THROUGH SAID SECTION IX: THENCE SOUTH 31.30• MOST
PARALLEL WIN THE ENTER OF SAID ROM. 792.99 FEET: THENCE SOUTH 64 -GS'
EMT. 289.4 FEET 0 THE CENTER OF ROAD: THENCE SOUTH 31.21' NEST,
186X.!2 FEET ARGUE IN SAID PWD: THENCE ..M-OS' REST, TO
FEET; THENCE SOUR 40.41' REST AAD THE CENTER OF SAID ROM. 2335 FEET:
NCE NORTH
Ej115iINT �oFtEUGN x
vol
PDH1 " , FEET
MExLCDisa P IT ON: 6THE�ECANONTINUIINGG —502 FEET: THlr1 4.'"' KIN EASTeDF�c0 I�6'
E G M1P A i� TIEIICE SWM {3.21• EAST, PEHR ._AN TO TIE ..Y.— CORSE, 1X8.16
FEET TO THE CENTER OF THE AFORESAID ROM RUNNING NORTHEASTERLY THROUGH
iH pcf 2DN7N� aGG 7 301.53E veer ro THE
NPCE UTH 40-47' REST &ONOP I� F CENTER
RYOF SAID
R D.
PGE1- pP SEPI !8 78 BEGINNING: THENCE NORN 43.21' T. 138X.54 FEET O THE POINT OF pfR BCOMING SINATED IN THE TOR )NIPS OF ELGIN AHR PLATO, CCNTY OF NNE,
N THE STATE O ILLINOIS.
RK,NPY G 26 2� 'AL 0
A;5 UN gpIN DDRW 1 l PDM OF COMMEM01IG PARCEL TND:
GPN ppµolsG pARGEE 1 pSFR220N 2 A2,TC zp}N. W- 1 �I�1
RANGE PART
EAST OF WE TTHE HIRD PRINNCCloa LCRIW M. DESCRIBED AS SECTION IS. IF0.L°ISI
pRGEI 1 8 u s TO 169005 N P UNS�o X ,w q �N SCUTHCOMMLO ;.T E R ST LIM O CORNER OF HEAD GIAMTEsr QUARTER; O THE
SIN ALONG RE SES] LICE OF SAID NORTHEAST It—,. 162 FEET T° SAHR
p ,n09 a}IL �� O CENTERLINE ff N.S. TFOR 20: THEIIGE SQIN 6NG;.7 EAST OIC '
ZDN7NGN A p0` N c p Y1 R� x BEST. 26 MET;; XTHEFEET
CE SFartH si'OSI EAST PPARN,f OF CuiR HAITIANNTE f£ONHIIDQINNE5OF
Q RZ PE+1 1 -Ig 17B A Oxy ) F f}2 WSEASON T U.S. ROUTE 20, 351.1E FEET: THENCE NORM 25.55' EAST, 528 FEET TO A
DA UHT 2.. 871.. FEET EASTERLY OF.
18D E &lA x a DEO 1 �1• • yIT °Focooll TTHHEMLE NdIl10'G eTHE iEm�' EST M. THE
NOT
oNLINE OF SAID U.S. �aETOF SAID
TNG mASr G 1M
TIAL 1732• 2Fj•Ol'4f a1 �'I 7, UNNE OF
SUa80y�26o-°�' I BEOIMIIxC, IN THE
TORNSHIP OF ELGIN, KANE COUNTY, ILL INOrs.
CHINQUAPI i fOSil N p 15'15 z P}M' - TOGETHER NIM NAT PART OF U.S. ROUTE 20 (LME STREET) LYING NORRERLT
pM N OAK DRIVE _ DYW m ,THE
CLIFF DRI 6EPMATE DOC z Fj G ROAD OOLYINNGGEEMA91EA v OMFQ GEAWAENMT TD AXOF ELGIN
I1eITDONPR�nry
PEq DOO NQ TIZ RQR m S3 x EXCEPT MY PART PREVIOUSLY ANNEXED TO THE CITY ff ENGIN M MAHR RORTY,
66' 0.4E PSF
THE STING LIMITS OF T a m: } 4 " E 1 l yD IUIrDIs.
NaTAIAE F PSFR2 / R2 ZONING E CITY OF ELGIN OS ED u li'1 Z5 'K O ALL THE MOTE DESCRIBED PROPERTY CORTAINS Iwo AGES OF LAD MORE OR
CREsr uar N ZONING 1/ 4piR,V m 8 UI oms w A LESS.
95 94 ' f1`" X93 Mown D- N 91 Do PER
sEPM rGa ot.--
GM
m C'a A 1
N 46-1
FOR)
E 263 PLTY xA9w.A°NT 79 197 6 P R2 TZwONING o II K3:•. S Dn pµ` 1.. , .. ..1 `G 4l a
992 _ 30aGD (e DDc 196 195 194 7931 2 191 190 °�° Cffi ��_._. T Di eLow, ..Co.P1R A cT In m"„I S -RT.FI A F
N 4677'4 46.3pU EUI)• ` N 467747 t89 g\\ w� eGIP e1 g %STATE OF ILUN01s} SS .
7" E E 0 SO 5i ^ yT COUNTY aF XME
3
119,08 - z—.0,M). 1059.74' _, r 20
A PQ s.r 2a92 6Y pNN of Ex- �y A EFRO+iO AND ACCEPTED NIS _—DAY O A.D.
ISOs �NT GPTI�OIaC� aTrahUNE�PONT
GH NERC UtP RGE es�_wA+l "1 NN T CITY CONCHAE ELGIN, ILLINOIS
A •4 (AI. q, RN °F BEC. 59 A� i OF Ad W { In,{
(w�°GHN6 RIS I AD > aw- A uA;OR
ED I^
7; Z N 'I ■ R J -T: . .
N o z HEREBY ANNEXED TO THE E;
o m o CITY OF ELGIN
zoo HEREBY ANNEXED TO THE m / PARCEL 1 J
E c a CITY OF ELGIN ; n f 163.4{ ACRES !
nKRDyi _ PARCEL 1 rn (INCLUDING RIGHT-OF-WAY) —�—�'-
a 163.64 ACRES t E) O
(INCLUDING RICHT-OF-WAY) o 't = •3 y+ 7
lI ims N 5
o n m TOTAL AREA (PARCELS 1 Y 1--_-
p UNSu6o1V DEDDOs ) g
2) HEREBY ANNEXED TO D o P.L. 06-'X'200 D
Ewe 11 �C o - THE CITY OF ELGIN > UNINGORCQ�N _ �'- sly n �IQUPIsI 55 sRNFr�•s cERTIFIWTE
168.03 ACRES i >N-3 KANE ONING
my, INCLUDING RICHT-OF-WAY W r„i F Z MIS IS TO CERTIFY THAT MIS RAT WM PREPARED BY CORE] ODIXROSM
(T ( ) LEDER. LTD. ODER THE DIRECTIONOF AN ILLINOIS PROFESSIONAL LAND
V,• n V a .N HLa r A, (NT _ _ _ SUR VON. OR THE PURPOSE OF ANNEXATION TO THE CITY O° ELGIN AND
rJ b` Z^a R=3032.06' �� 63� I a` UNINCORPOR ATEO THE PLAT 'E,+Ew Dr+Aw U5 A CORRECT REPRESENTATION OF nE PRaERrr
SOW MS Oi IBEO HEREON. ALL DISTANCES ME SHONH IN FEET AND DECIMAL ARTS
L=496.43' �14b0 COUNtY MEREO.
CB -S 35'51'40" W .3 371' TAR'• W— R a M KAf ZONING cIYEND.. YY HAND AD GEA AT ITMW, ILLINOIS NIS 2111 DAY o DECEMBER.
S 40'34'03" W (: 951.94' pS 40'34'03' W v 31'0709 , 16
4 - X1162 13'• _ BY:
KESSLER ROA
_ _ _ _ _ _ —-�•.�,_ IED ILLINOIS PPOFESSIONN. DMO SURVEYOR NO. 3235
UN7NCORPORA CaNHEr aq9 ILSONLINOIS LEDER. PRGM LTD. . LAND IONALSUR< R RIGH FIRM NRE MSER
R GGUNTY 001016. N1 ILLIX015 PROFESSIOI.LL LAND 6lRVEYOI LICENSE6RENP IRE XOYEMBER
i ins• KANE ZONING
3D. 2096.
NESSLER ROAD ' YR) "U') F Z
EXISTING LIMITS OF THE CITY OF ELGIN
PSFR2 ZONING _ -
61181
30o PARK a"mm REVISIONSR�
A..�.T x Tam:aa A4.
!!�:lma� COWHEY +TASCI<nuxdsw+u PkaH1ECT NO. 3094.00 4
_ _ _ A
MEIER FARM PLAT OF ANNEXATION DATE 12/16/04
A ■O GUDMUNDSON (630) 250-9595 P[MSXISTINC :QING 12hIM4 — _ SCALXu) ILUNCIS.6 — --- — — — — KANE COUNTY, ILLINOIS TO THE' CITY OF ELGIN UE51GNED BY
WCAGO, Iwxas,salo URRWN BY KEG/CF/DB
®LEDER LTD. (31„ 755_X595
CONSULTING ENGINEERS • LAND SURVEYORS NATURAL RESOURCES -
-... — CHECKED BY LRK
2
EXHIBIT B
GROUP EXHIBIT C
Ordinance No. G6-05
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
(Meier Property —100 Nesler Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory in the PSFR2
Planned Single Family Residence District; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted a public hearing concerning said application and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the
Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding
thereto the following paragraph:
"The boundaries herein before laid out in the `Zoning District Map', as
amended, be and are hereby altered by including in the PSFR2 Planned Single
Family Residence District, the following described property:
Those areas on the attached Zoning Exhibit, prepared by Cowhey
Gudmonson Leder, Ltd., and dated December 16, 2004, and revised on
December 21, 2004, designated in the PSFR2 Planned Single Family Residence
District."
Section 2. That the development of this PSFR2 Planned Single Family Residence
District as described in Section 1 shall be developed subject to the following provisions:
A. Purpose and Intent. The purpose and intent of this PSFR2 zoning district is to
provide a planned urban residential environment of standardized moderate density
for single family detached dwellings, subject to the provisions of Chapter 19.60
Planned Developments of the Elgin Municipal Code, 1976, as amended. The
PSFR2 District is most similar to, but departs from the standard requirements of
the SFR2 Single Family Residential District.
B. Supplementary Regulations. Any word or phrase contained herein, followed by
the symbol "[SR]", shall be subject to the definitions and the additional
interpretive requirements provided in Chapter 19.90, Supplementary Regulations,
of the Elgin Municipal Code, 1976, as amended.
C. General Provisions. In this PSFR2 zoning district, the use and development of
land and structures shall be subject to the provisions of Chapter 19.05, General
Provisions, of the Elgin Municipal Code, 1976, as amended.
D. Zoning Districts -Generally. In this PSFR2 zoning district, the use and
development of land and structures shall be subject to the provisions of Chapter
19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended.
E. Location and Size of District. This PSFR2 zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PSFR2 zoning district exclusive of rights-of-
way, but including adjoining land or land directly opposite a right-of-way, shall
not be less than two acres.
F. Land Use. In this PSFR2 zoning district, the use of land and structures shall be
subject to the provisions of Chapter 19.10, Land Use, of the Elgin Municipal
Code, 1976, as amended. The following enumerated "land uses" [SR] shall be the
only land uses allowed as a "permitted use" [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).
12. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
13. "Fences and walls" [SR] (UNCL).
14. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs,
of the Elgin Zoning Ordinance.
15. "Temporary uses" [SR] (UNCL).
16. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this
PSFR2 Planned Single Family Residence District, subject to the
provisions of Section 19.12.500, Accessory Structures and Buildings, of
the Elgin Zoning Ordinance.
17. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this
PSFR2 Planned Single Family Residence District, subject to the
provisions of Section 19.20.400, Component Land Uses, of the Elgin
Zoning Ordinance.
In this PSFR2 zoning district, the use of land and structures shall be subject to the
provisions of Chapter 19.10, Land Use, of the Elgin Municipal Code, 1976, as
amended. The following enumerated "land 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.
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, the use and development of land and
structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance, and in the Annexation Agreement. In this PSFR2
zoning district, the site design regulations shall be as follows:
1. Zoning Lots - Generally. In this PSFR2 zoning district, "zoning lots"
[SR] shall be subject to the provisions of Section 19.12.300, Zoning Lots -
Clarifications and Exceptions, of the Elgin Zoning Ordinance.
2. Lot Area. In this PSFR2 zoning district, the minimum required "zoning
lot area" [SR] shall be 4,800 square feet per dwelling unit, and in
substantial conformance to the Preliminary Plat of Subdivision prepared
by Cowhey, Gudmonson, Leder, Ltd., and dated January 3, 2005.
3. Lot Width. The minimum required "lot width" [SR] for a zoning lot shall
be in substantial conformance to the Preliminary Plat of Subdivision
prepared by Cowhey, Gudmonson, Leder, Ltd., and dated January 3, 2005.
4. Setbacks - Generally. In this PSFR2 zoning district, "setbacks" [SR]
shall be subject to the provisions of the Elgin Zoning Ordinance, Section
19.12.400, Setbacks - Clarifications and Exceptions.
5. Setbacks by Lot Line. In this PSFR2 zoning district, the minimum
required "building" [SR] "setbacks" [SR] for a zoning lot shall be as
follows:
a. Local Street Setback. Where a zoning lot has frontage on a local
street, the minimum required setback for a building from a street
lot line shall be as follows:
i. 40 foot wide lots. Eight (8) linear feet (lots 117-296).
ii. 60 foot wide lots. Ten (10) linear feet (lots 1-116, and
297-343 as depicted on the Preliminary Plat of Subdivision,
prepared by Cowhey Gudmonson Leder, Ltd., and dated
January 3, 2005).
b. Collector Street Setback. Where a zoning lot has frontage on a
buffer yard adjoining a collector street, the minimum required
setback for a building shall be ten (10) linear feet from the buffer
yard.
C. Side Setback. The minimum required building setback from a
"side lot line" [SR] shall be as follows:
i. 40 Foot Wide Lots (lot numbers as noted above). Zero
(0) linear feet, however, the combined setback of both side
setbacks shall be a minimum of five (5) linear feet.
ii. 60 Foot Wide Lots (lot numbers as noted above). Zero
(0) linear feet, however, the combined setback of both side
setbacks shall be a minimum of ten (10) linear feet.
d. Rear Setback. The minimum required building setback from a
"rear lot line" [SR] shall be as follows:
i. 40 Foot Wide Lots (lot numbers as noted above).
eighteen and one-half (18.5) linear feet..
ii. 60 Foot Wide Lots (lot numbers as noted above). On
those lots that do not have an alley to the rear of the lot, the
required building setback shall be sixteen (16) linear feet.
In all other cases, the building setback shall be eighteen and
one-half (18.5) linear feet.
6. Accessory Structures and Buildings. In this PSFR2 zoning district,
"accessory structures and buildings" [SR] shall be subject to the provisions
of Section 19.12.500, Accessory Structures and Buildings, of the Elgin
Zoning Ordinance, with the following exception: For the purpose of
determining setbacks, accessory buildings used for the parking of
motorized vehicles (commonly known as "garages"), shall be subject to
Section 2, Paragraph G. Site Design, Subparagraph 5. Setbacks by Lot
Line._
7. Yards. In this PSFR2 zoning district, a "street yard" [SR], a "side yard"
[SR], or a "rear yard" [SR] established by a required building setback or
by the actual location of a building shall be subject to the provisions of
Section 19.12.600, Obstructions in Yards, of the Elgin Zoning Ordinance.
8. Residential Floor Area. In this PSFR2 zoning district, the maximum
"residential floor area" [SR] for a single family zoning lot shall equal the
"zoning lot area" [SR] times 0.60 (60%).
9. Building Coverage. In this PSFR2 zoning district, the maximum
"building coverage" [SR] for a single family zoning lot shall equal the
"zoning lot area" [SR] times 0.55 (55%).
10. Accessory Building Coverage. In this PSFR2 zoning district, the
maximum "accessory building coverage" [SR] for a single family zoning
lot shall equal the "zoning lot area" [SR] times 0.20 (20%).
11. Vehicle Use Area. In this PSFR2 zoning district, the maximum "vehicle
use area" [SR] for a single family zoning lot shall be one thousand six
hundred (1,600) square feet.
12. Landscaping. In this PSFR2 zoning district, each zoning lot shall be
developed in substantial conformance to the Master LS Plan pages 1
through 5, encompassing the Master LS Plan 2, Planting Details, and
.Detention Plan, prepared by Matarazzo Land Planning Consultants, Ltd.,
and dated September 9, 2004.
13. Supplementary Conditions. In this PSFR2 zoning district, the use and
development of land and structures shall also be subject to the following
conditions:
a. Substantial conformance to the following building elevations and
floor plans for the Meier Farm, all prepared by Matarazzo Land
Planning Consultants, Inc., and dated June 24, 2004, unless
otherwise noted:
i. 1787 sf, 2 Bedrooms Upstairs — Concept for a 40' Wide Lot
ii. 2307 sf, 2 Bedroom Down — Concept for a 40' Wide Lot
iii. 2496 sf, 3 Bedrooms Upstairs - Concept for a 40' Wide Lot
iv. 2647 sf, 3 Bedrooms Upstairs - Concept for a 40' Wide Lot
V. 2345 sf, Master Bedroom Down — Concept for a 40' Wide
Lot
vi. 2584 sf, 2 Bedroom Down - Concept for a 40' Wide Lot
vii. 2591 sf, 4 Bedroom — Typical Concept for a 60' Wide Lot
(dated August 2, 2004)
viii. 3092 sf, 4 Bedroom — Typical Concept for a 60' Wide Lot
(dated August 2, 2004)
ix. 3147 sf, 5 Bedroom — Typical Concept for a 60' Wide Lot
X. 3224 sf, 4 Bedroom - Typical Concept for a 60' Wide Lot
b. All exterior building materials for the single family homes shall
meet the exterior building materials requirements of the Far West
Area Plan.
C. The 1,787 square foot dwelling shall be limited to a maximum of
50 lots (15% of the total number of dwelling units).
d. Additions to any residential structures on the Subject Property
shall only be permitted to the rear elevations of such structures and
no additions shall be permitted to the front and/or side elevations
on any such residential structures.
e. Substantial conformance to the Preliminary Plat of Subdivision
prepared by Cowhey, Gudmonson, Leder, Ltd., and dated
January 3, 2005.
f. Substantial conformance to the Preliminary Engineering Plans
North and South, pages 1 and 2, prepared by Cowhey Gudmunson
Leder, Ltd., dated August 2, 2004, with a final revision date of
January 3, 2005.
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, t 976, 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 19.5 0, Signs, of the Elgin Municipal Code, 1976, as amended, and shall
also be subject to paragraph G., Site Design, of this ordinance.
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, application for a planned
development shall be subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Municipal Code, 1976, as amended. A conditional
use for a planned development may be requested by an individual lot or property
owner for a zoning lot without requiring an amendment to this PSFR2 zoning
district and without necessitating that all other property owners in this PSFR2
zoning district authorize such an application.
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 other property
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 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. Prior to building permit
issuance, for each building or structure proposed to be built within the planned
development, a soils suitability and bearing capacity test shall be performed as
required by the City Engineer and the Development Administrator, and the
provisions of the Annexation Agreement.
P. Buildings — Required Improvements. In addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the following
building improvements shall also be required:
1. All sanitary sewer shall be overhead sewers.
2. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Administrator.
Q. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be
appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin
Municipal Code, 1976, as amended.
Section 3. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
Ed Schock, Mayor
Presented: January 12, 2005
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Dolonna Mecum, City Clerk
Ordinance No. G7-05
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PCF PLANNED COMMUNITY FACILITY DISTRICT
(Meier Property — 100 Nesler Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory to a PCF Planned
Community Facility District; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted public hearings concerning said application and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the
Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PCF
Planned Community Facility District, the following described property:
"The boundaries herein before laid out in the `Zoning District Map', as
amended, be and are hereby altered by including in the PCF Planned Community
Facility District, the following described property:
Those areas on the attached Zoning Exhibit, prepared by Cowhey
Gudmonson Leder, Ltd., and dated December 16, 2004, revised on December 21,
2004, designated in the PCF Planned Community Facility District."
Section 2. That the City Council of the City of Elgin hereby grants the PCF Planned
Community Facility District which shall be designed, developed, and operated subject to the
following provisions:
A. Purpose and Intent. The purpose and intent of this PCF zoning district is to
provide a planned environment for various types of community facilities, subject
to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal
Code, 1976, as amended. In general, community facilities provide governmental,
recreational, educational, health, social, religious, and transportation services to
the community on a for profit or an 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 provisions of
the Annexation Agreement.
D. Zoning Districts - Generally. In this PCF zoning district, the use and
development of land and structures shall be subject to the provisions of Chapter
19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended.
E. Location and Size of District. This PCF zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PCF zoning district exclusive of rights-of-way,
but including adjoining land or land directly opposite a right of way shall not be
less than two acres.
F. Land Use. In this 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 this PCF 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.
9. Elementary and secondary schools (821).
12. Museums, art galleries and botanical and zoological gardens (841).
15. Public Libraries (823).
Construction Division.
17. "Contractors office and equipment areas" [SR] (UNCL).
Transportation, Communication and Utilities Division.
20. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
21. "Radio and television antennas" [SR] (UNCL).
22. "Satellite dish antennas" [SR] (UNCL).
23. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
25. "Fences and walls" [SR] (UNCL).
26. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject
to the provisions of Chapter 19.47, Off Street Loading.
27. "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.
28. "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.
29. "Refuse collection area" [SR].
30. "Storage Tanks" [SR] (UNCL).
31. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs.
32. "Temporary uses" [SR] (UNCL).
33. "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.
34. "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. "Institutional 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).
Mining Division.
10. "Temporary mining" [SR] (UNCL).
Transportation, Communication and Utilities Division.
12. "Conditional commercial antennas and antenna structures
existing structures" [SR] (UNCL).
13. "Conditional Commercial Antenna Tower" [SR] (UNCL).
14. Electric power generation (UNCL).
17. Local and suburban passenger transportation operators (411).
18. Local and suburban transit and interurban highway
transportation facilities for passenger boarding (417).
20. "Other radio and television antennas" [SR] (UNCL).
22. "Other satellite dish antennas" [SR] (UNCL).
23. Pipelines, except natural gas (461).
27. Refuse systems (4953).
mounted on
passenger
32. "Treatment, transmission, and distribution facilities: equipment,
equipment buildings, towers, exchanges, substations, regulators" [SR]
(UNCL).
Miscellaneous Uses Division.
36. "Master signage plan" [SR], subject to the provisions of Chapter 19.50,
Signs.
37. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45,
Off -Street Parking.
38. "Parking structures" [SR] (UNCL).
39. "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.
40. "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.
41. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this
PCF Community Facility District, subject to the provisions of Section
19.10.400, Component Land Uses.
G. Site Design. In this PCF zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance.
Park Site. In this PCF district, the use and development of land and structures
located on the park site (Parcel 48 1) shall be subject to the following conditions:
1. Substantial conformance to the Preliminary Plat of Subdivision prepared
by Cowhey, Gudmonson, Leder, Ltd., and dated January 3, 2004.
2. Substantial conformance to the Preliminary Engineering Plans, North and
South, pages 1 and 2, prepared by Cowhey Gudmonson Leder, Ltd., dated
August 2, 2004, with a final revision date of January 3, 2004.
3. Substantial conformance to the Master LS Plan pages 1 through 5,
encompassing the Master LS Plan 2, Planting Details, and Detention Plan,
prepared by Matarazzo Land Planning Consultants, Ltd., and dated
September 9, 2004.
4. Substantial conformance to the Conceptual Master Plan for the Meier
Farm Park, prepared by the City of Elgin Parks and Recreation
Department, and dated December 17, 2004. Landscaping for Lot 481 shall
be reviewed and approved by the Community Development Group and the
Parks and Recreation Department as part of the development plan
approval for the site.
Open Space Parcels. In this PCF zoning district, the use and development of
land and structures shall be subject to the provisions of Chapter 19.12, Site
Design, of the Elgin Zoning Ordinance. In this PCF district, the use and
development of land and structures located on all other open space parcels shall
be subject to the following conditions:
1. Substantial conformance to the Preliminary Plat of Subdivision prepared
by Cowhey, Gudmonson, Leder, Ltd., and dated January 3, 2004.
2. Substantial conformance to the Preliminary Engineering Plans, North and
South, pages 1 and 2, prepared by Cowhey Gudmonson Leder, Ltd., dated
August 2, 2004, with a final revision date of January 3, 2004.
3. Substantial conformance to the Master LS Plan pages 1 through 5,
encompassing the Master LS Plan 2, Planting Details, and Detention Plan,
prepared by Matarazzo Land Planning Consultants, Ltd., and dated
September 9, 2004.
H. Off-street Parking. In this PCF zoning district, off street parking shall be subject
to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal
Code, 1976, as amended.
I. Off-street Loading. In this PCF zoning district, off-street loading shall be
subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin
Municipal Code, 1976, as amended.
J. Signs. In this PCF zoning district, signs shall be subject to the provisions of
Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended.
K. Amendments. In this PCF zoning district, application for text and map
amendments shall be subject to the provisions of Chapter 19.55, Amendments. A
text 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 zoning district, the use and development of
the land and structures shall be subject to the provisions of Chapter 19.60,
Planned Developments of the Elgin Municipal Code, 1976, as amended. A
conditional use for a planned development may be requested by an individual lot
or property owner for a zoning lot without requiring an amendment to this PCF
zoning district and without necessitating that all other property owners in this PCF
zoning district authorize such an application.
M. Conditional Uses. In this PCF zoning district, application for conditional uses
shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin
Municipal Code, 1976, as amended. A conditional use may be requested by an
individual lot or property owner for a zoning lot without requiring an amendment
to this PCF zoning district and without necessitating that all other property owners
in this PCF zoning district authorize such an application.
N. Variations. In this 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. Prior to building permit
issuance, for each building or structure proposed to be built within the planned
development, a soils suitability and bearing capacity test shall be performed as
required by the City Engineer and the Development Administrator, and the
provisions of the Annexation Agreement.
P. Buildings — Required Improvements. In addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the following
building improvements shall also be required:
1. All sanitary sewer shall be overhead sewers.
2. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Administrator.
Q. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be
appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin
Municipal Code, 1976, as amended.
Section 3. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
Ed Schock, Mayor
Presented: January 12, 2005
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Dolonna Mecum, City Clerk
Ordinance No. G8-05
IM001"D IV.`WL "
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT
(Meier Property — 100 Nesler Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory to a PMFR
Planned Multiple Family Residence District; and
WHEREAS, after due notice in the manner provided by law the Planning and
Development Commission conducted public hearings concerning said applications and has
submitted its written findings and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the
Elgin Municipal Code, 1976, as amended, be and the same is hereby further amended by adding
thereto the following paragraph:
"The boundaries herein before laid out in the `Zoning District Map', as
amended, be and are hereby altered by including in the PMFR Planned Multiple
Family Residence District, the following described property:
Those areas on the attached Zoning Exhibit, prepared by Cowhey
Gudmonson Leder, Ltd., and dated December 16, 2004, revised December 21,
2004, designated in the PMFR Planned Multiple Family Residence District."
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 of the lowest standardized
density for single family attached dwellings, subject to the provisions of Chapter
19.60 Planned Developments of the Elgin Municipal Code, 1976, as amended.
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.
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.
E. Location and Size of District. This PMFR zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PMFR zoning district exclusive of rights-of-
way, but including adjoining land or land directly opposite a right-of-way shall
not be less than two acres.
F. Land Use. In this 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. "Attached single family dwellings" [SR] (townhomes) (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).
Transportation, Communication, and Utilities Division.
14. "Amateur radio antennas" [SR] (UNCL).
15. "Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
16. "Radio and television antennas" [SR] (UNCL).
17. "Satellite dish antennas" [SR] (UNCL).
18. "Treatment, transmission, and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Miscellaneous Uses Division.
19. "Fences and walls" [SR] (UNCL).
20. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR], subject to the
provisions of Chapter 19.45, Off Street Parking.
21. "Refuse collection area" [SR].
22. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs.
23. "Temporary uses" [SR] (UNCL).
24. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this
PMFR Planned Multiple Family Residence District, subject to the
provisions of Section 19.12.500, Accessory Structures and Buildings.
25. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this
PMFR Planned Multiple 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" [SR] shall be the only land uses
allowed as a "conditional use" [SR] in this PMFR 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. "Conditional commercial antennas and antenna structures mounted on
existing structures" [SR] (UNCL).
4. "Conditional commercial antenna tower" [SR] (UNCL)
5. "Other radio and television antennas" [SR] (UNCL).
6. "Other satellite dish antennas" [SR] (UNCL).
7. "Pipelines, except natural gas" (461).
8. "Treatment, transmission and distribution facilities: equipment, equipment
buildings, towers, exchanges, substations, regulators" [SR] (UNCL).
Miscellaneous Uses Division.
9. "Master signage plan" [SR], subject to the provisions of Chapter 19.50,
Signs.
10. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR].
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 PMFR Planned Multiple 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
PMFR Multiple 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 shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance. In this PMFR district, the use and development of land
and structures shall be subject to the following conditions:
1. Substantial conformance to the Preliminary Plat of Subdivision prepared
by Cowhey, Gudmonson, Leder, Ltd., and dated January 3, 2005.
2. Substantial conformance to the Preliminary Engineering Plans North and
South, pages 1 and 2, prepared by Cowhey Gudmunson Leder, Ltd., dated
August 2, 2004, with a final revision date of January 3, 2005.
3. Substantial conformance to the Master LS Plan pages 1 through 5,
encompassing the Master LS Plan 2, Planting Details, and Detention Plan,
prepared by Matarazzo Land Planning Consultants, Ltd., and dated
September 9, 2004.
4. Substantial conformance to the Typical Townhome Streetscape, prepared
by Matarazzo Land Planning Consultants, Inc., and dated August 19,
2004.
5. All exterior building materials for the attached single family homes shall
meet the design requirements of the Far West Area Plan.
6. The floor area for the attached single family dwellings shall be a minimum
of 1,400 square feet, with the exception that one model may have a floor
area of 1,325 square feet.
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.
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.
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, application for a planned
development shall be subject to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Municipal Code, 1976, as amended. A conditional
use for a planned development may be requested by an individual lot or property
owner for a zoning lot without requiring an amendment to this 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
PMFR zoning district authorize such an application.
O. Subdivisions — Generally. The subdivision of the subject property and
development thereof shall comply with the subdivision regulations of the city, as
amended, and the Plat Act of the State of Illinois. Prior to building permit
issuance, for each building or structure proposed to be built within the planned
development, a soils suitability and bearing capacity test shall be performed as
required by the City Engineer and the Development Administrator, and the
provisions of the Annexation Agreement.
P. Buildings — Required Improvements. In addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the following
building improvements shall also be required:
1. All sanitary sewer shall be overhead sewers.
2. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Administrator.
Q. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be
appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin
Municipal Code, 1976, as amended.
Section 3. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
Ed Schock, Mayor
Presented: January 12, 2005
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Dolonna Mecum, City Clerk
Ordinance No. G9-05
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PAB PLANNED AREA BUSINESS DISTRICT
(Meier Property — 100 Nesler Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory to a PAB
Planned Area Business 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 are hereby altered by including in the PAB
Planned Area Business District, the following described property:
"The boundaries herein before laid out in the `Zoning District Map', as
amended, be and are hereby altered by including in the PAB Planned Area
Business District, the following described property:
Those areas on the attached Zoning Exhibit, prepared by Cowhey
Gudmonson Leder, Ltd., and dated December 16, 2004, revised on December 21,
2004, designated in the PAB Planned Area Business District."
Section 2. That the City Council of the City of Elgin hereby grants the PAB Planned
Area Business District which shall be designed, developed, and operated subject to the following
provisions:
A. Purpose and Intent. The purpose and intent of this PAB zoning district is to
provide commodities and services to several neighborhoods, and in some
instances to a communitywide or regional supporting populations, subject to the
provisions of chapter 19.60 of the zoning ordinance. A PAB zoning district is
most similar to, but departs from the standard requirements of the AB zoning
district.
B. Supplementary Regulations. Any word or phrase contained herein, followed by
the symbol "[SR]", shall be subject to the definitions and the additional
interpretive requirements provided in Chapter 19.90, Supplementary Regulations
of the Elgin Municipal Code, 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 PAB zoning district, the use and development of
land and structures shall be subject to the provisions of Chapter 19.05, General
Provisions, of the Elgin Municipal Code, 1976, as amended.
D. Zoning Districts - Generally. In this PAB zoning district, the use and
development of land and structures shall be subject to the provisions of Chapter
19.07, Zoning Districts, of the Elgin Municipal Code, 1976, as amended.
E. Location and Size of District. This PAB zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PAB zoning district exclusive of rights-of-way,
but including adjoining land or land directly opposite a right of way shall not be
less than two acres.
F. Land Use. In this PAB 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 PAB zoning district:
Permitted Uses: The following enumerated land uses shall be the only
land uses allowed as a permitted use in the AB Area Business District:
1. Residences Division:
"Upper floor apartment dwellings" [SR] (UNCL).
2. Municipal Services Division:
Public parks, recreation, open space (UNCL) on a "zoning lot"
[SR] containing less than two (2) acres of land.
3. Offices Division:
"Offices" [SR] (UNCL).
4. Finance, Insurance, and Real Estate Division:
Check -cashing agencies (6099).
"Development sales offices" [SR] (UNCL).
Finance, insurance, and real estate (H).
5. Services Division:
Advertising (731).
Automotive renting and leasing without drivers (751).
Barbershops (724).
Beauty shops (723).
"Bed and breakfast inns" [SR] (7011).
Billiard parlors (7999).
Bingo parlors (7999).
Carpet and upholstery cleaning agents without plants on the
premises (7217).
Coin-operated laundries and dry cleaning (7215).
Commercial, economic, sociological and educational research
(8732).
Commercial, physical, and biological research (8731).
Computer programming, data processing and other computer-
related services (737).
Computer rental and leasing (7377).
Consumer credit reporting agencies, mercantile reporting agencies,
and adjustment and collection agencies (732).
Dance studios and schools (791).
Detective and guard services (73 81).
Electrical and electronic repair shops (7629).
Engineering, accounting, research, management and related
services (87).
Fortunetellers (7999).
Funeral service (726).
Garment pressing, and agents for laundries and dry cleaners
(7212).
Home health care services (808).
"Hotels and motels" [SR] (701).
Job training and vocational rehabilitation services (833).
Laundry collecting and distributing outlets (7211).
Legal services (811).
Libraries (823).
Mailing, reproduction, commercial art and photography, and
stenographic services (733).
Management and public relations services (874).
Medical and dental laboratories (807).
Membership organizations (86).
Membership sports and recreation clubs (7997).
Miscellaneous equipment rental and leasing (735).
Miscellaneous personal services not elsewhere classified (7299).
Motion picture distribution and allied services (782).
Motion picture production and allied services (781).
Motion picture theaters (7832).
News syndicates (7383).
Noncommercial research organizations (8733).
Offices and clinics of dentists (802).
Offices and clinics of doctors of medicine (801).
Offices and clinics of doctors of osteopathy (803).
Offices and clinics of other health practitioners (804).
Other schools and educational services (829).
Personnel supply services (736).
Photofinishing laboratories (7384).
Photographic studios, portrait (722).
Physical fitness facilities (7991).
Pool parlors (7999).
Professional sports operators and promoters (7941).
Radio and television repair shops (7622).
Refrigerator and air-conditioning service and repair (7623).
Reupholstery and furniture repair (764).
Security systems services (7382).
Shoe repair shops and shoeshine parlors (725).
Tax return preparation services (7291).
Testing laboratories (8734).
Theatrical producers (792).
Videotape rental (784).
Vocational schools (824).
Watch, clock and jewelry repair (763).
6. Retail Trade Division:
Apparel and accessory stores (56).
Automatic merchandising machine operators (5962).
Building materials, hardware and garden supply (52).
Carryout restaurants (5812).
Catalog and mail-order houses (5961).
Convenience food stores, operated on a twenty four (24) hour basis
(5411).
Direct selling establishments (5963).
Drinking places (alcoholic beverages) (5813).
Drugstores and proprietary stores (591).
Eating places (5812).
Florists (5992).
Food stores (54).
General merchandise stores (53).
Home furniture, furnishings and equipment stores (57).
Miscellaneous retail stores not elsewhere classified (5999).
Miscellaneous shopping goods stores (594).
Mobile home dealers (52).
Motor vehicle dealers (5994).
News dealers (5994).
Optical goods stores (5995).
"Outdoor eating and drinking facilities" [SR] (UNCL).
Tobacco stores (5993).
Used building materials (5932).
Used merchandise stores (593).
7. Agricultural Division:
Dog grooming (0752).
Farm labor and management services (076).
Greenhouses for floral products, exclusively "accessory" [SR] to a
use allowed in the zoning district (0181).
Landscape counseling and planning (0781).
Lawn and garden services (0782).
Ornamental shrub and tree services (0783).
Veterinary services for household pets (0742).
8. Construction Division:
"Contractor's office and equipment areas" [SR] (UNCL).
9. Manufacturing Division:
Commercial printing occupying less than five thousand (5,000)
square feet of gross floor area (2752).
10. Wholesale Trade Division:
Apparel piece goods and notions (513).
Drugs, drug proprietaries, and druggists' sundries (512).
Electrical goods (506).
Furniture and home furnishings (502).
Groceries and related products (514).
Hardware, and plumbing and heating equipment and supplies
(507).
Machinery, equipment, and supplies (508).
Metals and minerals, except petroleum (505).
Motor vehicles and motor vehicle parts and supplies (501).
Paper and paper products (511).
Professional and commercial equipment and supplies (504).
11. Transportation, Communication And Utilities Division:
"Amateur radio antennas" [SR] (UNCL).
Arrangement of passenger transportation (472).
Arrangement of transportation of freight and cargo (473).
Branch United States post offices (4311).
Bus charter service operators' offices (414).
Cable and other pay television services (484).
"Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
Communication services not elsewhere classified (489).
Intercity and rural bus transportation operators' offices (413).
"Loading facilities" [SR], exclusively "accessory" [SR] to a use
allowed in the zoning district, subject to the provisions of Chapter
19.47 of this Title (UNCL).
Local and suburban passenger transportation operators' offices
(411).
Packing and crating (4783).
"Radio and television antennas" [SR] (UNCL).
Radio and television broadcasting stations (483).
Railroad operators' offices (401).
"Satellite dish antennas" [SR] (UNCL).
School bus operators' offices (415).
Taxicab operators' offices (412).
Telegraph and other message communications (482).
Telephone communications (481).
"Treatment, transmission and distribution facilities: poles, wires,
cables, conduits, laterals, vaults, pipes, mains, and valves" [SR]
(UNCL).
12. Miscellaneous Uses Division:
"Accessory structures" [SR] (UNCL) to the permitted uses allowed
in the AB Area Business District, subject to the provisions of
Section 19.12.500 of this Title.
"Accessory uses" [SR] (UNCL) to the permitted uses allowed in
the AB Area Business District, subject to the provisions of Section
19.10.400 of this Title.
"Drive-through facilities" [SR], subject to the provisions of
Chapter 19.45 of this Title.
"Fences and walls" [SR] (UNCL).
"Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to
a permitted use allowed in the AB Area Business District, subject
to the provisions of Chapter 19.47 of this Title.
"Outdoor display areas" [SR] (UNCL).
"Outdoor display lots" [SR] (UNCL).
"Parking lots" [SR] (LNCL), exclusively "accessory" [SR] to a
permitted use allowed in the AB Area Business District, subject to
the provisions of Chapter 19.45 of this Title.
"Parking structures" [SR] (UNCL), exclusively "accessory" [SR]
to a permitted use allowed in the AB Area Business District,
subject to the provisions of Chapter 19.45 of this Title.
"Refuse collection area" [SR].
"Signs" [SR] (UNCL), subject.to the provisions of Chapter 19.50
of this Title.
"Storage tanks" [SR] (UNCL).
"Temporary uses" [SR] (UNCL).
Conditional Uses: The following enumerated land uses shall be the only
land uses allowed as a conditional use in the AB Area Business District:
1. Municipal Services Division:
"Municipal facilities" [SR] on a zoning lot [SR] containing less
than two (2) acres of land.
2. Public Administration Division:
Public administration (J) on a zoning lot containing less than two
(2) acres of land.
3. Services Division:
Amusement parks (7996).
Arenas, sports fields, and stadiums (UNCL).
Ballrooms (7911).
Bowling centers (7933).
"Car washes" [SR] (7542).
Child daycare services (835).
Coin-operated amusement establishments (7993).
Dance halls (7911).
Discotheques (7911).
Drive-in motion picture theaters (7833).
"Home child daycare services" [SR] (8351).
Individual and family social services (832).
Massage parlors (7299).
"Motor vehicle repair shops" [SR] (753).
"Motor vehicle top, body and upholstery repair shops, and paint
shops" [SR] (7532).
Organization hotels and lodging houses, on membership basis
(704).
Power laundries (7211).
Recreational vehicle parks and campsites (7033).
Sporting and recreational camps (7032).
Steam baths (7299).
Tattoo parlors (7299).
"Teen clubs" [SR] (UNCL).
Turkish baths (7299).
4. Retail Trade Division:
Drive-in restaurants (5812).
Firearms sales (5941).
"Motor vehicle service stations" [SR] (554).
"Package liquor sales establishments" [SR] (5921).
Pawnshops (5932).
5. Agricultural Division:
"Kennels" [SR] (0752).
6. Mining Division:
"Temporary mining" [SR] (UNCL).
7. Wholesale Trade Division:
Beer, wine, and distilled alcoholic beverages (518).
Lumber and other construction materials (503).
8. Transportation, Communication, and Utilities Division:
"Conditional commercial antenna tower" [SR] (UNCL).
"Conditional commercial antennas and antenna structures mounted
on existing structures" [SR] (UNCL).
Courier services (4215).
Heliports (458).
Pipelines, except natural gas (461).
Public warehousing and storage (422).
"Other radio and television antennas" [SR] (UNCL).
"Other satellite dish antennas" [SR] (UNCL).
Railroad tracks (401).
"Treatment, transmission, and distribution facilities: equipment,
equipment buildings, towers, exchanges, substations, regulators"
[SR] (UNCL).
Water transportation (44).
9. Miscellaneous Uses Division:
"Accessory package liquor sales establishment" [SR] (UNCL).
"Accessory structures" [SR] (UNCL) to the conditional uses
allowed in the AB Area Business District, subject to the provisions
of Section 19.12.500 of this Title.
"Accessory uses" [SR] (UNCL) to the conditional uses allowed in
the AB Area Business District, subject to the provisions of Section
19.10.400 of this Title.
"Commercial operations yards" [SR] (UNCL).
"Master signage plan" [SR], subject to the provisions of Chapter
19.50 of this Title.
"Parking lots" [SR] (UNCL), subject to the provisions of Chapter
19.45 of this Title.
"Parking structures" [SR] (UNCL), subject to the provisions of
Chapter 19.45 of this Title.
"Planned developments" [SR] (UNCL) on a zoning lot containing
less than two (2) acres of land, subject to the provisions of Chapter
19.55 of this Title.
Similar Uses: The following enumerated land uses shall be subject to
classification as a permitted use or as a conditional use in the AB Area
Business District or in a less restrictive zoning district, pursuant to
subsection 19.10.400H of the Elgin Municipal Code:
1. Services Division:
Amusement. and recreational services not elsewhere classified
(7999).
Automotive services (7549).
Business services not elsewhere classified (7389).
Laundry and garment services not elsewhere classified (7219).
Miscellaneous health and allied services not elsewhere classified
(809).
Miscellaneous personal services not elsewhere classified (7299).
Miscellaneous repair shops and related services (769).
Services not elsewhere classified (899).
Social services not elsewhere classified (839).
2. Wholesale Trade Division:
Miscellaneous durable goods (509).
Miscellaneous nondurable goods (519).
3. Transportation, Communication, And Utilities Division:
Transportation services not elsewhere classified (4789).
G. Site Design. In this PAB zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.12, Site Design, of the
Elgin Zoning Ordinance and Chapter 19.60, Planned Developments, of the Elgin
Municipal Code, 1976, as amended, and as provided in this ordinance. Prior to
the development of the subject property the owner of the subject property shall be
required to submit a development plan to the city for a public hearing and City
Council approval pursuant to the provisions of Chapter 19.60, Planned
Developments, of the Elgin Municipal Code, 1976, as amended.
H. Off-street Parking. In this PAB 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 PAB 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 PAB zoning district, signs shall be subject to the provisions of
Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended.
K. Amendments. In this PAB 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 PAB
zoning district authorize such an application.
L. Planned Developments. In this PAB zoning district, the use and development of
the land and structures shall be subject to the provisions of Chapter 19.60,
Planned Developments of the Elgin Municipal Code, 1976, as amended. A
conditional use for a planned development may be requested by an individual lot
or property owner for a zoning lot without requiring an amendment to this PAB
zoning district and without necessitating that all other property owners in this
PAB zoning district authorize such an application.
M. Conditional Uses. In this PAB 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 PAB zoning district and without necessitating that all other property
owners in this PAB zoning district authorize such an application.
N. Variations. In this PAB 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
PAB zoning district and without necessitating that all other property owners in
this PAB zoning district authorize such an application.
O. Subdivisions — Generally. The subdivision of the subject property and
development thereof shall comply with the subdivision regulations of the city, as
amended, and the Plat Act of the State of Illinois. Prior to building permit
issuance, for each building or structure proposed to be built within the planned
development, a soils suitability and bearing capacity test shall be performed as
required by the City Engineer and the Development Administrator, and the
provisions of the Annexation Agreement.
P. Buildings — Required Improvements. In addition to those building
improvements required by Title 16 of the Elgin Municipal Code, the following
building improvements shall also be required:
1. All sanitary sewer shall be overhead sewers.
2. All structures containing sump pits and pumps shall have separate lines
connecting the sump pump to the storm sewer as required by the City
Engineer and the Development Administrator.
Q. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be
appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin
Municipal Code, 1976, as amended.
Section 3. That this ordinance shall be full force and effect immediately after its passage
in the manner provided by law.
Ed Schock, Mayor
Presented: January 12, 2005
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Dolonna Mecum, City Clerk
Resolution No. 05-13
RESOLUTION
APPROVING PRELIMINARY PLAT FOR MEIER FARM
(Meier Property — 100 Nesler Road)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it
hereby approves the preliminary plat prepared by Cowhey Gudmundson Leder Ltd. dated January 3,
2005 for Meier Farm. The approval granted by this resolution is tentative in nature, involving the
general acceptability of the layout as submitted, and shall not qualify the plat for recording.
Application for final approval shall be made not later than one year after the date of this resolution
and must be supported by such drawings, specifications and monetary assurance as may be necessary
to demonstrate compliance with applicable statutes and ordinances.
Ed Schock, Mayor
Presented: January 12, 2005
Adopted:
Vote: Yeas Nays:
Recorded:
Attest:
Dolonna Mecum, City Clerk
PRELIMINARY PLAT OF SUBDIVISION
MEIER� FARM
OWNER:
ERWIN W. MEIER RESIDUARY TRUST
813 ELM STREET
HAMPSHIRE, ILLINOIS 60140
SETBACK TABLE
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_ _ _ _ _ _ _ ,- PSFR2 20NING _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.- _ _ - _ _ _ - _ - _ _ _ _ _ 1. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -
PSFR2 ZONING = �T. A
dons c01A
NEED GU[)
NOUN LEDI
CONSULTING ENONEER
a.-- S 31.07 09
� KANE COON
_ _ INGORPO FA ZONING
- -R=3032.06'
L-498.43'
CB=S 35'51'40" W
HEY '7p0 PAR" BOULEVARD
'TAS ""°5 ""'
MUNDSON 2"12WSTOItwne.•
R LTD. `"a"°° "'"°�'°"°-
V (312) 755-950
• LAND SURVEYORS • NATURAL RES70RCES
LEGEND
--.
0
mm PIPE . -....
•
RM Pm
•
YASMRY NAIL
•
911N
•
RAIL ROID ]VINE
F.R. R.S.
F.I.P.
.PMO NAIL ROM ..K
rMK, IRM FIFE
F.Y.N.
F. I.R.
rMNO °Asa»v NAIL
UTIN ROAp '
raRD DISK
U.E.
UTILITY EASEIENT
R.E.
RATERYAIIN EAsm NT (EfQ.mw)
I.E.E.
IMME55/EPESS EASEMENT
I.V.E.
BLAVfET UTRITY EASEN:NT
s. r.Y.E.
STDRNRATEII YIxAQJENT EASEKNT
(R)
RI-
—
OENTEA L-
6— LINE
E ,Sr- EASEMENT LINE
_ _ _ _ _ _ _ _ _ _ - PNOPC6ED EMENMT LINE
-
- PROPp$FO w1oIKO %.T LIME
�- - - -
SIMIIM LINE
- -
-
ENISTING RIMT-OF- 1 LIKE
PR9 - RIM--rAI LINE
-ST.. LOT LINE
VNOERLYINp LOT LINE
FRTFOSED LOT LINE
•••.......••.••••..... I..•••
PRELIMINARY PLAT OF SUBDIVISION
MEIER� FARM
OWNER:
ERWIN W. MEIER RESIDUARY TRUST
813 ELM STREET
HAMPSHIRE, ILLINOIS 60140
SETBACK TABLE
DEVELOPER/SUBDIVIDER: RMr REM ]IDE]
WEST POINT BUILDERS AND DEVELOPERS, INC. eo' cors a In•ele.
8231 185th STREET. SUITE 300 IDLT, FMUT L= 25• 2] W •.1, Nc
TINLEY PARK, ILLINOIS 60477
AREA TABLE
OTK
LOT] I -A)1 2.Sn6, 019 SO. FT. ]
xOTES: TOiK LOTS t)2 -Yee S,OeO, )). 30. 11. e
TOM AIMT-K-RAY 2.022.100 W. Fr, s
1. TIE 1EMINR SHMN M THIS RAT ARE -0 UPM NA06] ILLINOIS STATE FVAE. TOTK MEA >,669,
EAST SME (1997 ARUUSTIIENT). S. SO. IT.
2. ALL MEAS AAE YORE M LESS.
3. NL -IAMTS SKORN IIEIIEM ARE PROPOSED UNLESS SxG»R OTNERT. E.
ALL NOTM CIAART MEAS IRE mmss / EMESS EASEMENT AND FA, VATELT ORIEO II19
..A.....
S. TE EASORKS Fal %PLIC UTILITIES MTSIX TIE RIMT-OF-W RILL Q PROVIDED
TO nE CITY'S SATISFMTIM DLRINO TIE FINK PLAT PRCESS
O. KL LMSKKHAVE
L A
S-FWT UTILI TT EASEMENT IN TIE FNa1T TND.
95 94 "`2
ZONING pa \ 2
IIp,IT .§R \ p
rONa )PDT -N0. 1NOai7z 93 Pio 91 1 PSFR2 ZONING \�
L N 46't9'j8 T PEa DDL Na INOO]>2� _ - $n5 -A "Mr u"a „t.R \ T� �263K L°'z
"+sJe• [(rt) E - d _ _ - _ _ DDc Na ,NDDLh M c PER SrV Nmbx mu DA•Is99
z
qpp -
� ]EPMAT[ ppaPM al AnM)E 9O
Aye _ 992.20' r - _-----��
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467
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01
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IF
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1 bol . 100 a � In a
G -
PSfR2
179 f
180
181 on
182 IN- FEA SVs V1 E7.
P"' A R5'Dl ♦T E � � � JI ]
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7 f-m
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1 I
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DEAREA
FR2 ZONING I e IS i$q I I J 'R.,"�97 1
198 197 11 �' r� ! • :7 �� 95 L
196 I -u 193192 -
190 $o Doc p-.g�4
_ •V!A fa 9 y� I I� I 1 P %
_ I.T.eyR ELN m:rL 4 7 r..r
I &I —H& la
-1478 82'- - _ _ 1- I 1
_40
-- - _ r,1p AT aped LLw /
A. 3V
4eD
I mrL I
1 OPp/� ACEI
/451
PARK 9TE
yl e+- 8•
I- ��"� 'I�'I Sx "I -�Q,14 Ill
�..—
� -�- r - 0 E 7 E P� �N ARU - - N J - - - - y'= -- — --
11w
-
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uN.
M! ILL NESSLER ROAD I 441
- esA9e• _ s2s«• j �I D�i°0'dtE�
- -�--- r - - Frey AT ..c • w
l-i,Rxs 1.e' K s 2a1 a •S 4034'03" W S .D•ar m-) _... NESSLER ROAD Rxs aaT s e n9r s
NESSLER ROAD '2415.67'• asst-)
— _sD;j .
_ _ _ _ _ _ _ ,- PSFR2 20NING _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.- _ _ - _ _ _ - _ - _ _ _ _ _ 1. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -
PSFR2 ZONING = �T. A
dons c01A
NEED GU[)
NOUN LEDI
CONSULTING ENONEER
a.-- S 31.07 09
� KANE COON
_ _ INGORPO FA ZONING
- -R=3032.06'
L-498.43'
CB=S 35'51'40" W
HEY '7p0 PAR" BOULEVARD
'TAS ""°5 ""'
MUNDSON 2"12WSTOItwne.•
R LTD. `"a"°° "'"°�'°"°-
V (312) 755-950
• LAND SURVEYORS • NATURAL RES70RCES
REVISIONS
ME lE R FARM
ELGIN ILLINOIS
n
PRELIMINARY PLAT OF SUBDIVISION
PROJECT NO.
01/03.05
scnLE 1"=100'
DESIGNED BY —
DRAWN BY GKF/I RK
CHECKED BY _ IRK
SHEET ry
2
—
- —
-
A
-
-
-
EXHIBIT D
PRELIMINARY PLAT
a
MEIER .
PGP 1GNING
o AR�'1-ial s[rN`ATE
1
{ 1
m.I. 1
PARI[�91E y
5 1
1 t
J
f
Of
CPENX1
1
g A __�{
` ~. — — 14CSSLER ROAD
/78_
F �— — _ ISLTLs —
g 37'07'09
1�®;:; COWHEY
VA� CA4
Mffi; GUDMUNDSON;'°;E;TKj-NaE
INN® LEDER, LTD. .
GI ,3-12;'7-55--955 ' 'D
CONSULTND ENPNEERS . LAND SURVEYORS - NATURAL RESOURCES
OF SUBDIVISION
FARM ,
1 11 M
lord
t �
TIIRt�• � 1 1 P m
yO.ilV1 RR''pa0�1 1 1 'w
1
Rp)VIDEDR t � t
%� aa-ID"LDD-0T 1 $ 1 tl
_ 1 1
t
X"'
GRAPHIC SCALE
R Ima . lao n
t N PARCEL ONE,
%scl Y I t. 1 p TNAT PMT V SECTIO IE NA PMT OF TK NWMSEST QUARTER OF SWIM IS.
Z 11LL IN TOx6NIP II ND{M. PAW S WT Cr TK TNIMC MIINCIPN. 1E -M
'D �u)BpINpyNi 1 ly ANDP7RAMAD P�I
RANCECS' V M R-MM-lk NESIDIM. OESIDS Sv41DFS;
RANCE, —
TNAT PART aF TE MDarmem, CAANrER or saTld Ie. toRexlP A, HOM1M.
RANCE a WT O TY VN11D1 MIKIPAL MIUCIM, DESCRIBED AS F EMC :
CONENCIND AT M NDITNREST aTRKR V DAID NORTHEAST (UNTTER: TKNEE
aCUT1 DA1W rK RESV LINE OF LIG MCRINE45T dARTFII, N8'1 FF£T TO iK
QxTEALIM 6 V.S. RDVre 40; "m Sa1TN 8A•OS' WT ALdD aAID
CENTERLINE. SN1.44 FEET IN IK POINT V MCI..—. T `— 43'53'
REST, 548 FEET: THENCE SDIM L•05' Wr PARN.LEL RIM TK CIMTEILIK OF
SAID V.S. Rd Tc 48. AI.)R FEST, THENCE NCRM 45'33' EAST, R8 MET TO A
PINT d INE RIIRALIK 6 SAID D.S. RoomSo 8)X.50 FEET EASTERLY w.
KATRICD —0 LID CENTEMLINEK )L
. TEST LINE Or SAID NCAV A T OUMTER:
TKIVCE NN
N "'",INS, ) SAID m—TD TIE gINT 6
RED... N0. IN INC TOaVRIIP IS, "IN. RAM CCNTY. I—Ne's.
11{ 6P 1
PARS IttF"tl 1
'Lt
AN PIPE
•
Rd Rm
%
YAwwr Noll.
•
_'
•
MIL "C"RDVIYE
F.R.R.S.
FDVO RAIL im VINE
r. I.P.
I.Y.^.
ra)D IRO PIK
— YAMONRI NAIL
II,D.
raw Rd R0I0
Pa)C DIS,
U.E.
UTILITY 1ASEMVr
aL,
I
LATE — EASEIEIIE (cmu .w)
aSA 1 1
• 11
�1 �,
B.V.E.
MLANIEI —TV U� 1
§
1 [
tl
l ,T 11
1
60 1
11
S s'28 �) 1 • 1 1
N TSC � L
I�Ds UN OINDE� � , 1
vul oa- ro utm
U14111CORPO F ZDN NGHE
� l
til•KG
NESSI.ER ROAD�
qNa' To OSa - -
MEIER FARM
ELGIN, ILLINOIS
DNINCORPO PIED VAG C ppUNn
STAVE Or ILL -11
L
COAT' Cr aiME
MIs Is TO CERrIf, TNT VE ABOVE KSN.SED PACKSTV SAM aORVETIO. Rr
a1REY aI0KWS0N LEDER. LID.. INDIA VIE DIR 1— OF AN ILLINOIS
P E10L LAUD SINVEIN AND Tar "'I.
Te. CRAM Is , A —'r
REPKSENVATION 6 SAID SURVEY. ILL DISTANCES ME SIDRI IN FEET AND
DECIMAL PMTS TERECr.
CIM HIDER YY HNC AND SELL AT ITASCA. ILLINOIS MIS DAY 6
AD., TV—
er:
ILLie, ulAtRA SCI L LAID LIM. PRO H0.
CCYNEY WNILLIN LEDER. S.O. PRO— SUMVE DESK, Ru MUYBER TRA -
0010)[. N.L CILLINPRCFESSIdAI LND SCRICTd LICENSES EMIR[ XOYEIBEX
x, law.
PRELIMINARY PLAT OF SUBDIVISION
J
LEGEND
•
AN PIPE
•
Rd Rm
•
YAwwr Noll.
•
o,s,
•
MIL "C"RDVIYE
F.R.R.S.
FDVO RAIL im VINE
r. I.P.
I.Y.^.
ra)D IRO PIK
— YAMONRI NAIL
II,D.
raw Rd R0I0
Pa)C DIS,
U.E.
UTILITY 1ASEMVr
D.E.
LATE — EASEIEIIE (cmu .w)
I,E.E.INEKSs/ED)ESs
EASEudT
B.V.E.
MLANIEI —TV U� 1
e...a E.
8U142T I— a [CRESS EAXIOIT
sr NoNA)Fq NARALpNNT EASEIpIT '
(R)
aECaD
-- -- --
ETAITER UNE
94ROMr LAK
_ — — — — — — — _
ESASTNO EASVINT LIM
-----------
PRGPDXD EAS[iNM LIN .
— — — — — —
RICPDXO a11LDIK Sm'CN LINE
— — — —
XRW LINE '
— — --
EN ISTIND N.WT -LAY LINO
— — �—
MOPOSED a,dT4-.LY LIK
ENISTINO LOT LIKE................................
aDGLI'm LOT LINE
PRDPy,Eo LOT LIK
STAVE Or ILL -11
L
COAT' Cr aiME
MIs Is TO CERrIf, TNT VE ABOVE KSN.SED PACKSTV SAM aORVETIO. Rr
a1REY aI0KWS0N LEDER. LID.. INDIA VIE DIR 1— OF AN ILLINOIS
P E10L LAUD SINVEIN AND Tar "'I.
Te. CRAM Is , A —'r
REPKSENVATION 6 SAID SURVEY. ILL DISTANCES ME SIDRI IN FEET AND
DECIMAL PMTS TERECr.
CIM HIDER YY HNC AND SELL AT ITASCA. ILLINOIS MIS DAY 6
AD., TV—
er:
ILLie, ulAtRA SCI L LAID LIM. PRO H0.
CCYNEY WNILLIN LEDER. S.O. PRO— SUMVE DESK, Ru MUYBER TRA -
0010)[. N.L CILLINPRCFESSIdAI LND SCRICTd LICENSES EMIR[ XOYEIBEX
x, law.
PRELIMINARY PLAT OF SUBDIVISION
J
>a1lRlrer Fu.e °'
PROJECT NO. 3094.00
SHEET g Q
DATE 01 03/05
=
SCALE � 1 =700
2 5 3
DESICNED BY -
DRAWN BY GKF/DM
a
r2 _ cc
CvICCKE'.7 BY LRK
09L
EXHIBIT E
- OVERFLOW SPILLWAY SHALL BE CONSTRUCTED
AT HYWL (SEE GRADING PLANS)
] HIGH WATER LINE 2X de VARIES
CIJ a:1 MAX NORMAL WATER LINE 3' TO 5• ?I 4:AIIAX
DR IF 5' IV to 1
l
NOTE PLANTING R SEEDING TO BE WITH NAnW_ PRAIRIE, AND/OR WETLAND SPECIE&
REFER TO LANDSCAPING PLAN
TYPICAL WET PRAIRIE BOTTOM
BASIN CROSS SECTION
eW lm u�e�ol.�
mm mum
wWl niel
.. � m.) No � To,r. •iwpo
� 14oAMia irm ��RR.oI�
OMiW 1ar11�irtY Im C �
ir Ll—Ae,oen ma .� •
r __ rlci�rt- N•t
WeNt�mm 4� � mpn .w• •%_
a IW,��Tho �• •f)
r-•��)em�Iplmr•errKn[rrur,
LEGEND
NL ;
wtoerw �
if •M
Lro
C7 40
E.5 WN tnN 4!E _-
_}_ —
Tewaws Ael
.....,,- 263 2 id-
_ o , _ ro� 1 ,��i• yp'1,,,�. `f' % - ' ..a, (wua oA1m I ) r 465
DETENnDN'AFBA --
_ . _ _ _ '& �� 1l98 gs I ,9 _ ` _
AN_
.\ ' fs1ENTI0N AREA
...�..., ? _-� ` I, — _ - - 1 4 193 192 i I m �- i/
`. 190 .189 F' �+./.
DETFHTION BASIN92
A ) _rT� -' 4% _• f — ._ _ _ I\
• l+ 'Y . • _ : 'TWIT 895.0 $ _ • �p�Etj,9P,kE . _ _ _ _ — I •13 ` ,I i /
N`Mr 590.0 ``i`•• I _ ._may' 4 ,a I /
is
160130
0
lsF ' 159 1G2, -
X87
;Be 190
,i � � � _ ....- -.., � •'0 � - '`3 $ R - �'12>' t3e i ' tsi -;_ 1 I' - + I �� ., - �4eo � i
.•' r - �r e2 1 ". l� ` T' � "�- — - — _ - ..F 1 � 170 137 156 ..`�1
125: .-,5e ' 155_+ _ i66_-` ra 1913 - �Y.•�' ,�'_ 7. _
124 1�i9' - 754. •' }GT.' 182.,, . I :. 19} � _ _ �'_
ACE ' SPACE .
I I 423 11D
,Yss; --�'_ r
Bo I '`••e__�98 I f
'OPEN SRACE tL I '122/. i80 .,�9fi ,T,'
Ag • -___ 1`" 106 \ `4.\` .._ ._ I `1
"151 �74 . 179. i
4v_.. �ti f >;- - \' --'� \' - ,,• _ — I �i2o: 14�rI so ,
144r� n; I L .'TA --
%i 118 �I I• 145'r 7 118-
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-PEI A — _ f - _ •,N 2
iz
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,.—�.
494 -
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---------------------- -
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a
------ ------------ ------ - - ---- _----------------- -- - � ----.-s-- -- -- — - -- - — --- --- -_---
--
1■!® COWHEY 300 PARK BOULEVARD REVISIONS ?RCJECT N0. 7094.00 SHEET C
ITASCA. DUNaS 6M4a DATE DSfD2/04 LL
1800 GUDMUNDSON 7D`MT�S� � M_M__ �NLD6 � - Ej
METER FARM PRELIMINARY - SOUTH SCAME LEDER, LTD. �CCM2)2)'7W62Na89" m———DESIGNED BY MAS:2 w
ELGIN, ILLINOIS DRAWN BY rlLs
CONSULTNG ENGINEERS • LAND SURVEYDf6 •NATURAL RESflURGS CHECKED BY RAD 2
xgm—
TYPICAL PAVEMENT SECTION BOULEVAR
��
TYPIC L PAVEMENT SECTION BOULEVARD (80' R.O.W.1
Ilk
TYPICAL PAVEMENT SECTION FOR MOTOR COURTS
1 17
07F
PR 41-1
smum.x z6
TYPICAL PAVEMENT SE
";lp MINOR STREETS (GO' A
cc
14
cc
Lu
B5.15 DUAL
SIDEWALK DETAIL BIKEPATH TYPICAL SECTION P 2
3N PARK REMSIONS w pnoJECT No. SHEET
BOULEVARD DATE
ONO GUDMUNDSON .(E -AST' L2A5XDE =Er -2- PRELIMINARY NORTH
INEG LEDER, LTD. (312) 7M_4� ELGIN, ILLINOIS DRAYM 8Y 777�W 2 iu
2
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Westpoint Builders
Matarazzo Land Planning Consultants
Elgin, Illinois June 24, 2004
EXHIBIT L
Far West Interceptor Sewers
Policy for Inspections and Construction
April 30, 2003
This policy has been developed by the City of Elgin's Engineering Division in
cooperation with Fox River Water Reclamation District (FRWRD) to address the atypical
nature of the construction of interceptor sewers by the development community. This
policy applies to any interceptor sanitary sewer to be constructed by a developer.
Typically, the City or FRWRD will construct the large diameter sewers known as
interceptor sewers whereas the development community will construct the smaller or
lateral type sewers. Because of the importance of the interceptors, the City and the
District have modified the standard operating procedures utilized for the smaller or lateral
type sewers thereby resulting in this policy. For the purpose of this policy, an interceptor
sewer shall be defined as the sanitary sewer system depicted in the April 2002 Baxter and
Woodman study or any other sewer so defined by the City of Elgin's Engineer. Sewer
services will not be allowed on interceptor sewers.
Plan review
a. The City's Engineering Division will attempt to coordinate and share
review comments with the Fox River Water Reclamation District in order
to provide the developer a consistent position relative to plans.
b. Permit sign off by the City will occur after:
i. the developer's engineer has secured a permit or no permit
required from all agencies other than the City and .FRWRD (Army
Corp, IDNR, Illinois Nature Preserve, US Fish and Wildlife, etc.).
ii. the plans have been approved by the City's Engineering Division
and FRWRD.
iii. the developer has agreed to set up an escrow account with the City
to fund the full time inspection as required under FRWRD's
regulations. See Construction Administration.
c. If proposed plan affects the service area (changes in route, size, depth,
etc.) as depicted in the Sewer Study, developer shall pay the City to have
the alternative reviewed by Baxter and Woodman.
d. The location of interceptor sewers shall be carefully considered in terms of
future maintenance. Sewers located near stormwater facilities must be
accessible (via excavation) during normal conditions. Sewers located
within the limits of stormwater facilities must be placed in casings and
designated pit locations reserved.
e. The City is concerned with the proposed placement of watermain in the
proximity of the interceptor sewers and how trench settlement (from the
sewer) will impact the watermain. The developer will need to prove that
settlement will not impact the watermain.
f. The developer and his engineer MUST include planning for future
connections (provide areas to be served and locations of connects).
2. Materials
a. Pipes up to 21" in diameter shall be PVC SDR 26.
b Pipe sizes 24" to 48" shall be one of the following:
i. Reinforced Concrete Cylinder Pipe (RCCP)
ii. Ductile Iron (DI) with polyethylene lining
iii. Ductile Iron (DI) with a fused calcium aluminate mortar lining
iv. Prestressed Concrete Pressure Pipe (PCPP)
v. Reinforce Concrete Pipe (RCP), Class V with steel end rings
vi. Centrifugally Cast Fiberglass Pipe (CCFRP)
c. Manholes:
i. No drop connections on interceptor sewer manholes. Extend line
out to a secondary manhole and drop may be placed on it. NO
interior drop connections.
ii. No buried manholes. Mound up around structure if necessary.
iii. Spacing of manholes will be in accordance with:
1. IF pipe size is 21" or less THEN IEPA requirements shall
be followed.
2. IF pipe size is 24" or higher THEN the maximum spacing
shall be 800 lineal feet.
3. Spacing may be extended ONLY if it is in the best interest
of the City to do so.
3. Construction Administration
a. The City will contract with at least two engineering firms meeting the
approval of both the City and FRWRD to provide the construction
inspection required by FRWRD and to protect the interest of the City, the
owner of the completed interceptor sewer. The fees paid to the
engineering firm will be based upon that firms hourly rate of an engineer
plus expenses.
b. All other administration responsibilities will be the responsibility of the
developer and his engineer (Bidding, cost estimates and payouts,
construction administration and over site, project control, recapture
agreements and the costs to be include, as constructed drawings
(electronic and hard copy), collection of waivers, etc.).
c. Developer shall reimburse the City for all costs of such construction
inspection. In the event the escrow account for such costs provided for in
Section I (b) (i) (v) hereof is insufficient to cover such costs, developer
agrees to pay to the City the additional funds for the costs of construction
inspection.
4. Easements
No construction on an interceptor sewer shall be initiated or take place until
the City has received all necessary and required easements for the interceptor
sewer.
5. Intercertors to be Owned „by the City of Elgin
Upon the completion of an interceptor sewer and upon passing inspection by
FRWRD and acceptance by the City the Developer shall convey or caused to
be conveyed to the City of Elgin and at no cost to the City all right, title and
interest to the interceptor sewer and the City of Elgin shall be deemed the
owner of such interceptor sewer.
6. Sanitary Sewer Lateral or Main Extensions
The City agrees that upon the request of the Developer to execute the sanitary
sewer lateral and/or main extension IEPA permits after the City has executed
the IEPA permits for the interceptor but before the interceptor sewer
construction is complete, provided that the lateral and/or main extension plans
and specifications are consistent with all required ordinances and other
requirements of law. In such event Developer will be proceeding with the
planning, design and construction for any lateral and/or main extension from
the interceptor sewer at its own risk. The Developer further agrees that it can
only obtain building permits for residential units at its development for its
model homes until such time as the interceptor sewer and lateral and main
sewers are substantially completed.
FALegal DegtlAgreementTar West Interceptor Sewer Policy-4-30-03-WAC.doc
3
Z
THIS INSTRUMENT PREPARED BY
AND RETURN TO:
William A. Cogley
Corporation Counsel
City of Elgin
150 Dexter Ct.
Elgin, Illinois 60120
21Z05K034587
SANDY WEGMAN
RECORDER
KANE COUNTY, IL
RECORDED ON
03/30/2005 08:48AM
REC FEE: 27.00
PAGES: 6
THE ABOVE SPACE FOR RECORDER'S USE
MEMORANDUM OF ANNEXATION AGREEMENT
WITNESSETH
On January 12, 2005, the City of Elgin, an Illinois municipal
corporation, and Linda Meyer, as trustee of the Erwin W. Meier
Declaration of Trust dated January 16, 1992, and Laverne Meier as trustee
of the Laverne Meier Declaration of Trust dated January 16, 1992, as
Owner, and West Point Builders Developers, Inc. as Developers of the real
estate legally described in Exhibit A attached hereto (the "Subject
Property") entered into an Annexation Agreement (the "Annexation
Agreement"). The Annexation Agreement provides for the annexation of the
Subject Property into the City of Elgin and provides for certain other
requirements including, but not limited to, requirements relating to the
use, zoning and development of the Subject Property. The Annexation
Agreement should be reviewed and consulted regarding the specific terms
and provisions that encumber the Subject Property.
IN WITNESS WHEREOF, this Memorandum of Annexation Agreement has been
prepared and recorded by the City of Elgin.
CITY OF ELGIN, an Illinois municipal
cortion
By ora - L
William A. Cogley-
Its
ogleyIts Corporation Counel
Subscribed 4ad sworn to before
me this & clay of March, 2005.
Nota y
F:\Legal Dept\Agreement\Annexation Memorandum -Meier -West Point Bldrs-100 Nesler Rd.doc
"
OFFICIALS SEAL„
Y GIFFORT
lic, State of Illinoision Expires 6/13108 y POOR Mme.. ��
EXH I BIT A
MEIER PROPERTY LEGAL DESCRIPTIONS
PARCEL 1 (NOT PREVIOUSLY ANNEXED TO THE CITY OF ELGIN):
THAT PART OF SECTION 18 AND PART OF THE NORTHWEST QUARTER OF
SECTION 19, ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN AND PART OF THE SOUTHEAST QUARTER OF
SECTION 13, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER .OF. THE NORTHEAST
QUARTER OF SAID SECTION 18; THENCE SOUTH ALONG THE WEST LINE OF
SAID NORTHEAST QUARTER 462 FEET TO THE CENTERLINE OF U.S. ROUTE
20; THENCE NORTH 64°05' WEST ALONG SAID CENTERLINE,'30.36 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE SOUTH 64005'
EAST ALONG SAID CENTERLINE OF HIGHWAY, 925.4 FEET FOR THE POINT
OF BEGINNING; THENCE SOUTH 64005' EAST ALONG SAID CENTERLINE,
882.86 FEET TO A POINT 289.74 FEET WESTERLY OF THE INTERSECTION OF
THE CENTER OF SAID ROAD WITH THE CENTER OF A ROAD RUNNING
NORTHEASTERLY THROUGH SAID SECTION 18; THENCE SOUTH 31 °30' WEST
PARALLEL WITH THE CENTER OF SAID ROAD, 792.99 FEET; THENCE SOUTH
64005' EAST, 289.4 FEET TO THE CENTER OF ROAD; THENCE SOUTH 31°21'
WEST, 1868.62 FEET TO AN ANGLE IN SAID ROAD; THENCE SOUTH 50005'
WEST, 170 FEET; THENCE SOUTH 40°47' WEST ALONG THE CENTER OF SAID
ROAD, 2335 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B";
THENCE NORTH 49°39' WEST, 1502 FEET; THENCE NORTH 46°28' EAST, 992.2
FEET; THENCE NORTH 46°39' EAST, 1479.8 FEET TO A POINT SOUTH 48° EAST,
20.92 CHAINS FROM THE POINT ON THE TOWNSHIP LINE 29 CHAINS SOUTH
OF THE NORTHWEST CORNER OF SAID SECTION 18, AFORESAID; THENCE
NORTH 48° WEST, 591.3 FEET TO A POINT SOUTH 25°13' WEST FROM POINT
"A", AFORESAID; THENCE NORTH 25°13' EAST, 1688.6 FEET TO A POINT 530.4
FEET SOUTHERLY MEASURED ALONG THE LAST DESCRIBED LINE FROM
SAID POINT "A"; THENCE SOUTH 64°05; EAST PARALLEL WITH THE
CENTERLINE OF U.S. ROUTE 20, 926 FEET TO A POINT SOUTH 25°22' WEST
FROM THE POINT OF BEGINNING; THENCE NORTH 25°22' EAST, 524.8 FEET
TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THE FOLLOWING
DESCRIBED PROPERTY:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST
QUARTER OF SAID SECTION 18; THENCE SOUTH -ALONG THE WEST LINE OF
SAID NORTHEAST QUARTER 462 FEET TO THE CENTERLINE OF U.S. ROUTE
20; THENCE NORTH 64°05' WEST ALONG SAID CENTERLINE, 30.36 FEET;
THENCE SOUTH 64005' EAST ALONG SAID CENTERLINE OF HIGHWAY, 925.4
FEET; THENCE SOUTH 64005' EAST ALONG SAID CENTERLINE, 882.86, FEET
TO A POINT 289.74 FEET WESTERLY OF THE INTERSECTION OF THE CENTER
FAcadd\3094.001500\LGL_ANNEXED_NOTANNEXED.doe & .ans
1 1/6/2005
OF SAID ROAD WITH THE CENTER OF A ROAD RUNNING NORTHEASTERLY
THROUGH SAID SECTION 18; THENCE SOUTH 31°30' WEST PARALLEL WITH
THE CENTER OF SAID ROAD, 792.99 FEET; THENCE SOUTH 64°05' EAST, 289.4
FEET TO THE CENTER OF ROAD; THENCE SOUTH 31°21' WEST, 1868.62 FEET
TO AN ANGLE IN SAID ROAD; THENCE SOUTH 50°05' WEST, 170 FEET;
THENCE SOUTH 40°47' WEST ALONG THE CENTER OF SAID ROAD, 2335 FEET;
THENCE NORTH 49°39' WEST, 1502 FEET; THENCE NORTH 46°28' EAST, 992.2
FEET; THENCE NORTH 46°39' EAST, 119.08 FEET TO THE POINT OF
BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING NORTH 46°39'
EAST, 300.00 FEET; THENCE SOUTH 43°21" EAST, PERPENDICULAR TO THE
PREVIOUS COURSE, ALONG A LINE HEREINAFTER REFERRED TO AS "LINE
A", 1368.16 FEET TO THE CENTER OF THE AFORESAID ROAD RUNNING
NORTHEASTERLY THROUGH SAID SECTION 18; THENCE SOUTH 40°47' WEST
ALONG THE CENTER OF SAID ROAD, 301.53 FEET TO A POINT THAT IS
SOUTH 43°21' EAST FROM THE POINT OF BEGINNING; THENCE NORTH 43°21'
WEST, ALONG A LINE HEREINAFTER REFERRED TO AS "LINE B", 1398.54
FEET TO THE POINT OF BEGINNING, AND ALSO EXCEPTING THEREFROM
THE FOLLOWING DESCRIBED PROPERTY:
THE EASTERLY 33.00 FEET OF THE SOUTHERLY 2415.67 FEET OF THE ABOVE
DESCRIBED PARCEL (NESSLER ROAD), MEASURED ALONG THE EASTERLY
LINE THEREOF FROM POINT "B", AFORESAID, EXCEPT THAT PART THEREOF
LYING SOUTHERLY OF "LINE A", AFORESAID AND NORTHERLY OF "LINE B",
AFORESAID, TOGETHER WITH THE FOLLOWING DESCRIBED PROPERTY:
THAT PART OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 41
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST
QUARTER; THENCE SOUTH ALONG THE WEST LINE OF SAID NORTHEAST
QUARTER, 462 FEET TO THE CENTERLINE OF U.S. ROUTE 20; THENCE SOUTH
64°05' EAST ALONG SAID CENTERLINE, 541.86 FEET FOR THE POINT OF
BEGINNING; THENCE SOUTH 25°55` WEST, 528 FEET; THENCE SOUTH 64°05'
EAST PARALLEL WITH THE CENTERLINE OF SAID U.S. ROUTE 20, 351.78
FEET; THENCE NORTH 25055' EAST, 528 FEET TO A POINT. ON THE
CENTERLINE OF SAID U.S. ROUTE 20, 874.50 FEET EASTERLY OF, MEASURED
ALONG SAID CENTERLINE, THE WEST LINE OF SAID NORTHEAST QUARTER;
THENCE NORTH 64005' WEST ALONG SAID CENTERLINE TO THE POINT OF
BEGINNING, SITUATED IN THE TOWNSHIPS OF ELGIN AND PLATO, COUNTY
OF KANE, IN THE STATE OF ILLINOIS.
F:\cadd\3094.00\500\LGL_ANNEXED_NOTANNEXED.doc & .ans
2 1/6/2005
3
PARCEL 2 (PREVIOUSLY ANNEXED TO THE CITY OF ELGIN):
THAT PART OF SECTION 18, AND PART OF THE NORTHWEST QUARTER OF
SECTION 19, ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN AND PART OF THE SOUTHEAST QUARTER OF
SECTION 13, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST
QUARTER OF SAID SECTION 18; THENCE SOUTH ALONG THE WEST LINE OF
SAID NORTHEAST QUARTER 462 FEET TO THE CENTERLINE OF U.S. ROUTE
20; THENCE NORTH 64°05' WEST ALONG SAID CENTERLINE, 30.36 FEET;
THENCE SOUTH 64°05' EAST ALONG SAID CENTERLINE OF HIGHWAY, 925.4
FEET; THENCE SOUTH 64°05' EAST ALONG SAID CENTERLINE, 882.86 FEET
TO A POINT 289.74 FEET WESTERLY OF THE INTERSECTION OF THE CENTER
OF SAID ROAD WITH THE CENTER OF A ROAD RUNNING NORTHEASTERLY
THROUGH SAID SECTION 18; THENCE SOUTH 31°30' WEST PARALLEL WITH
THE CENTER OF SAID ROAD, 792.99 FEET; THENCE SOUTH 64°05' EAST, 289.4
FEET TO THE CENTER OF ROAD; THENCE SOUTH 31 °21' WEST, 1868.62 FEET
TO AN ANGLE IN SAID ROAD; THENCE. SOUTH 50°05' WEST, 170 FEET;
THENCE SOUTH 40°47' WEST ALONG THE CENTER OF SAID ROAD, 2335 FEET;
THENCE NORTH 49°39' WEST, 1502 FEET; THENCE NORTH 46°28' EAST, 992.2
FEET; THENCE NORTH 4699' EAST, 119.08 FEET TO THE POINT OF
BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING NORTH 46°39'
EAST, 300.00 FEET; THENCE SOUTH 43021" EAST, PERPENDICULAR TO THE
PREVIOUS COURSE, ALONG A LINE HEREINAFTER REFERRED TO AS "LINE
A", 1368.16 FEET TO THE CENTER OF THE AFORESAID ROAD RUNNING
NORTHEASTERLY THROUGH SAID SECTION 18; THENCE SOUTH 40°47' WEST
ALONG THE CENTER OF SAID ROAD, 301.53 FEET TO A POINT THAT IS
SOUTH 43°2P EAST FROM THE POINT OF BEGINNING; THENCE NORTH 43°21'
WEST, ALONG A LINE HEREINAFTER REFERRED TO AS "LINE B", 1398.54
FEET TO THE POINT OF BEGINNING, TOGETHER WITH THE FOLLOWING
DESCRIBED PROPERTY:
THE EASTERLY 33.00 FEET (NESSLER ROAD) OF THE SOUTHERLY 2415.67
FEET- OF THE ABOVE DESCRIBED PARCEL, MEASURED ALONG THE
EASTERLY LINE THEREOF FROM POINT "B", AFORESAID, EXCEPT THAT
PART THEREOF LYING SOUTHERLY OF "LINE A", AFORESAID AND
NORTHERLY OF "LINE B", AFORESAID, SITUATED IN THE TOWNSHIPS OF
ELGIN AND PLATO, COUNTY OF KANE, IN THE STATE OF ILLINOIS.
FAcadd13094.0015001LGL ANNEXED NOTANNEXED.doc & .ans
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PARCEL 3 (ALL OF THE PROPERTY):
THAT PART OF SECTION 18 AND PART OF THE NORTHWEST QUARTER OF
SECTION 19, ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN AND PART OF THE SOUTHEAST QUARTER OF
SECTION 13, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST
QUARTER OF SAID SECTION 18; THENCE SOUTH ALONG THE WEST LINE OF
SAID NORTHEAST QUARTER 462 FEET TO THE CENTERLINE OF U.S. ROUTE
20; THENCE NORTH 64°05' WEST ALONG SAID CENTERLINE, 30.36 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT "All; -THENCE SOUTH 64°05'
EAST ALONG SAID CENTERLINE OF HIGHWAY, 925.4 FEET FOR THE POINT
OF BEGINNING; THENCE SOUTH 64005' EAST ALONG SAID CENTERLINE,
882.86 FEET TO A POINT 289.74 FEET WESTERLY OF THE INTERSECTION OF
THE CENTER OF SAID ROAD WITH THE CENTER OF A ROAD RUNNING
NORTHEASTERLY THROUGH SAID SECTION 18; THENCE SOUTH 31°30' WEST
PARALLEL WITH THE CENTER OF SAID ROAD, 792.99 FEET; THENCE SOUTH
64°05' EAST, 289.4 FEET TO THE CENTER OF ROAD; THENCE SOUTH 31°21'
WEST, 1868.62 FEET TO AN ANGLE IN SAID ROAD; THENCE SOUTH 50005'
WEST, 170 FEET; THENCE SOUTH 40'47" WEST ALONG THE CENTER OF SAID
ROAD, .2335 FEET; THENCE NORTH 49°39' WEST, 1502 FEET; THENCE NORTH
46028' EAST, 992.2 FEET; THENCE NORTH 4699' EAST, 1479.8 FEET TO A
POINT SOUTH 480 EAST, 20.92 CHAINS FROM THE POINT ON THE TOWNSHIP
LINE 29 CHAINS SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 18,
AFORESAID; THENCE NORTH 48° WEST, 591.3 FEET TO A POINT SOUTH 25°13'
WEST FROM POINT "A", AFORESAID; THENCE NORTH 25°13' EAST, 1688.6
FEET TO A POINT 530.4 FEET SOUTHERLY MEASURED ALONG THE LAST
DESCRIBED LINE FROM SAID POINT "A"; THENCE SOUTH 64°05; EAST
PARALLEL WITH THE CENTERLINE OF U.S. ROUTE 20, 926 FEET TO A POINT
SOUTH 25°22' WEST FROM THE POINT OF BEGINNING; THENCE NORTH 25022'
EAST, 524.8 FEET TO THE POINT OF BEGINNING, TOGETHER WITH THE
FOLLOWING DESCRIBED PROPERTY:
THAT PART OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 41
NORTH, RANGE 8 EAST OF THE THIRD. PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST
QUARTER; THENCE SOUTH ALONG THE WEST LINE OF SAID NORTHEAST
QUARTER, 462 FEET TO THE CENTERLINE OF U.S. ROUTE 20; THENCE SOUTH
64005' EAST ALONG SAID CENTERLINE, 541.86 FEET FOR THE POINT OF
BEGINNING; THENCE SOUTH 25°55' WEST, 528 FEET; THENCE SOUTH 64°05'
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EAST PARALLEL WITH THE CENTERLINE OF SAID U.S. ROUTE 20, 351.78
FEET; THENCE NORTH 25°55' EAST, 528 FEET TO A. POINT ON THE
CENTERLINE OF SAID U.S. ROUTE 20, 874.50 FEET EASTERLY OF, MEASURED
ALONG SAID CENTERLINE, THE WEST LINE OF SAID NORTHEAST QUARTER;
THENCE NORTH 64005' WEST ALONG SAID CENTERLINE TO THE .POINT OF
BEGINNING, SITUATED IN THE TOWNSHIPS OF ELGIN AND PLATO, COUNTY
OF KANE, IN THE STATE OF ILLINOIS.
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1#1
CITY OF ELGIN
PETITION FOR ANNEXATION
TO THE MAYOR AND CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Petitioner(s) on oath state as follows:
1. That petitioner(s) is/are the record owner(s) of the real property described as follows (the "Territory") seeking annexation to
the City of Elgin (provide legal description of the territory proposed to be annexed on the lines below or attach the legal
description on separate sheet attached to this Petition and marked as "Legal Description Attachment"):
See "Exhibit A"
2. Check one:
❑ That they are all the electors (registered voters) residing in the Territory.
❑ That there are no electors (registered voters) residing in the Territory.
XX That the sheet entitled "Elector's Signature Attachment" attached to and made part of this Petition consists of the
signatures of not less than fifty-one percent (51 %) of the electors (registered voters) residing in the Territory.
3. That no portion of the Territory is within the corporate limits of any municipality and that the Territory is contiguous to the
City of Elgin.
4. That a proposed Plat of Annexation for the Territory attached to and made part of this Petition.
5. This petition is oot-iditioned upm the exewtion of a rrutually aooePtable ameotion ag ee t.
WHEREFORE, the property owners and electors signing this petition respectfully request that the Territory be annexed to the
City of Elgin by ordinance of the Mayor and City Council of the City of Elgin pursuant to Section 7-1-8 of the Illinois Municipal
Code, as amended, and that such other action be taken as is appropriate in the premises.
Petitioner(s) on oath state as follows: That each petitioner has read the foregoing Petition for Annexation; that each petitioner
has knowledge of the information set forth in this Petition for Annexation; and, that the information set forth in the Petition for
Annexation is true and correct to the best of each petitioner's knowledge.
Dated this 12 day of _Auus t 2004.
PETITIONER'S/RECORD OWNER'S SIGNATURE
PETITIONER'S/RECORD OWNER'S SIGNATURE
— --�1 r stn•, Peta
.7
PETITIONER'S PRINTED NAME: PETITIONER'S PRINTED NAME:
Linda Meer __T
Laverne Meier
Trustee of the Erwin W. Meier Trust Trustee of the Laverne Meier Trust
(Attach additional page of petitioner/record owner signatures when necessary.)
Subscribed and sworn to before me this
7d- day of 2004.
FormslAnnexalion AgreementsTetition to City for Anne ation.doc OFFICIAL SEAL"
Revised 12,'18;2403 GAIL M. LIhFtART 1
LM'y%C'o'n'm`n'ss,on
„jic bt�te of Illinois
expires 09/10/05 y
NOTARY PUBLIC
PETITIONER/RECORD OWNER SIGNATURE ATTACHMENT
Petitioner(s) on oath state as follows: That each petitioner has read the foregoing Petition for Annexation; that each petitioner
has knowledge of the information set forth in this Petition of Annexation; and, that the information set forth in this Petition for
Annexation is true and correct to the best of each petitioner's knowledge.
Dated this 12 day of Au%,us t 2004.
PETITIONER'SIRECORD OWNER'S SIGNATURE
i
PETITIONER'S/RECORD OWNER'S PRINTED NAME
Linda Meyer
Trustee of the Erwin W. Meier Trust
PETITIONER'S/RECORD OWNER'S SIGNATURE
PETITIONER'S/RECORD OWNER'S PRINTED NAME
PETITIONER'SIRECORD OWNER'S SIGNATURE
PETITIONER'S/RECORD OWNER'S PRINTED NAME
PETITIONER'SIRECORD OWNER'S SIGNATURE
PETITIONER'S/RECORD OWNER'S PRINTED NAME
Laverne Meier
Trustee of the Laverne Meier Trust
PETITIONER'SIRECORD OWNER'S SIGNATURE
PETITIONER'S/RECORD OWNER'S PRINTED NAME
PETITIONER'SIRECORD OWNER'S SIGNATURE
PETITIONER'S/RECORD OWNER'S PRINTED NAME
Subscribed and sworn to before me this day of 2004.
Form st,',nnexation Agreements)Pelition to City to. Annexation.doc
Revised ' 2,22/2003
NOTARY PUBLIC
OFFICIAL SEAL"
GAIL ki. Li(VVART
LtNoiary r _,ic �i ie ui lilmots Comm�sston txptres 09/10/05
ELECTORS SIGNATURE ATTACHMENT
Elector(s) on oath state as follows: That each elector has read the foregoing Petition for Annexation; that each elector has
knowledge of the information set forth in this Petition of Annexation; and, that the information set forth in this Petition for
Annexation is true and correct to the best of each elector's knowledge.
Dated this 12 day of Amus t 2004.
ELECTO NATURE
ELECTOR PRINTED NAME
Ann Geroulis
ADDRESS OF ELECTOR RESIDENCE
38 W 355 US jZhXay 20
J91gin, Illinois 60123
ELECTOR SIGNATURE
ELECTOR PRINTED NAME
ADDRESS OF ELECTOR RESIDENCE
ELECTOR SIGNATURE ELECTOR SIGNATURE
ELECTOR PRINTED NAME ELECTOR PRINTED NAME
ADDRESS OF ELECTOR RESIDENCE ADDRESS OF ELECTOR RESIDENCE
ELECTOR SIGNATURE ELECTOR SIGNATURE
ELECTOR PRINTED NAME ELECTOR PRINTED NAME
ADDRESS OF ELECTOR RESIDENCE ADDRESS OF ELECTOR RESIDENCE
Subscribed and sworn to before me this y a day of 2004.
'OFFICIAL SEAL"
GAIL rr,. LtP:F;a,RT NOTARY PUBLIC
Forms'�AnnexationAareements;Pe(itiontoCityforAnnexatio .docAG c'ry rUurC �P;le 0. IIIIn01S
Revised 12122/2003
My Comm�sslon Expires 09/10/05
"EXHIBIT A" LEGAL DESCRIPTION
MEIER PROPERTY
TOWNHOMES
THAT PART OF SECTION 18 IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID
SECTION 18; THENCE SOUTH ALONG THE WEST LINE OF SAID NORTHEAST
QUARTER OF SAID SECTION 18, A DISTANCE OF 462 FEET TO THE
CENTERLINE OF U.S. ROUTE 20; THENCE SOUTH 64°08'27" EAST ALONG THE
CENTERLINE OF U.S. ROUTE 20, A DISTANCE OF 1773.52; THENCE SOUTH
31-26'33" WEST, A DISTANCE OF 786.60 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 64008'27" EAST, A DISTANCE OF 294.84 FEET TO A POINT ON
THE CENTERLINE OF NESSLER ROAD RECORDED AS DOCUMENT NUMBER
1364520 IN KANE COUNTY, ILLINOIS; THENCE SOUTH 31°07'09" WEST ALONG
THE CENTERLINE OF SAID NESSLER ROAD, A DISTANCE OF 913.79 FEET;
THENCE NORTH 60039'30" WEST, A DISTANCE OF 461.29 FEET TO A POINT ON
A CURVE; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 797.00 FEET AND A CHORD BEARING
OF NORTH 28°11'37" EAST, AN ARC LENGTH OF 64.95 FEET TO A POINT OF
TANGENCY; THENCE NORTH 25°51'34" EAST, A DISTANCE OF 176.93 FEET;
THENCE NORTH 6300024" WEST, A DISTANCE OF 789.49 FEET; THENCE
NORTH 25001'47" EAST, A DISTANCE OF 608.58 FEET TO A POINT ON A NON -
TANGENT CURVE; THENCE EASTERLY ALONG A CURVE CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 525.00 FEET AND A CHORD
BEARING OF SOUTH 65°21'43" EAST, AN ARC LENGTH OF 43.17 FEET TO A
POINT OF TANGENCY; THENCE SOUTH 63°17'00" EAST, A DISTANCE OF
998.91 FEET; THENCE NORTH 31°26'33" EAST, A DISTANCE OF 30.14 FEET TO
THE POINT OF BEGINNING; CONTAINING 21.28 ACRES OF LAND, MORE OR
LESS, IN KANE COUNTY, ILLINOIS.
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"EX MIT A"
LEGAL DESCRIPTION
MEIER PROPERTY
SINGLE FAMILY RESIDENTIAL
THAT PART OF SECTION 18 AND PART OF THE NORTHWEST QUARTER OF
SECTION 19 IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN AND PART OF THE SOUTHEAST QUARTER OF
SECTION 13 IN TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS; COMMENCING AT THE
NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 18;
THENCE SOUTH ALONG THE WEST LINE OF SAID NORTHEAST QUARTER OF
SAID SECTION 18, A DISTANCE OF 462.00 FEET TO THE CENTERLINE OF U.S.
ROUTE 20; THENCE SOUTH 64°08'27" EAST ALONG THE CENTERLINE OF U.S.
ROUTE 20, A DISTANCE OF 541.04 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 64008'27" EAST ALONG THE CENTERLINE OF U.S. ROUTE 20,
A DISTANCE OF 35.00 FEET; THENCE SOUTH 25°01'47" WEST, A DISTANCE OF
370.69 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG A
CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 400.00 FEET, AN
ARC LENGTH OF 110.79 FEET TO A POINT OF TANGENCY; THENCE SOUTH
09009'36" WEST, A DISTANCE OF 124.37 FEET TO A POINT OF CURVATURE;
THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY AND HAVING
A RADIUS OF 400.00 FEET, AN ARC LENGTH OF 110.79 FEET TO A POINT OF
TANGENCY; THENCE SOUTH 25°01'47" WEST, A DISTANCE OF 699.36 FEET;
THENCE SOUTH 63000'24" EAST, A DISTANCE OF 789.49 FEET; THENCE
SOUTH 25051'34" WEST, A DISTANCE FO 176.93 FEET TO A POINT OF
CURVATURE; THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY
AND HAVING A RADIUS OF 797.00 FEET AND A CHORD BEARING OF SOUTH
28°11'37" WEST, AN ARC LENGTH OF 64.95 FEET TO A POINT ON A NON -
TANGENT LINE; THENCE SOUTH 60039'30" EAST, A DISTANCE OF 461.29 FEET
TO A POINT ON THE CENTERLINE OF NESSLER ROAD DEDICATED BY
DOCUMENT NUMBER 1364520 IN KANE COUNTY, ILLINOIS. THENCE
SOUTHWESTERLY ALONG THE CENTERLINE OF SAID NESSLER ROAD FOR
THE FOLLOWING THREE (3) COURSES; (1) THENCE SOUTH 31°07'09" WEST, A
DISTANCE OF 546.84 FEET TO A POINT ON A NON -TANGENT CURVE; (2)
THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY AND HAVING
A RADIUS OF 3032.06 FEET AND A CHORD BEARING OF SOUTH 3105140"
WEST, AN ARC LENGTH OF 498.43 FEET TO A POINT OF TANGENCY; (3)
THENCE SOUTH 40034'03" WEST, A DISTANCE OF 2415.67 FEET; THENCE
NORTH 49048'52" WEST, A DISTANCE OF 1503.23 FEET TO A POINT ON THE
EASTERLY LINE OF MONTAGUE FOREST UNIT NUMBER 7 BEING A
SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 13 AND
PART OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 41 NORTH,
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SIT AEAST OF THE THIRD PRINCIPAL MERIDIAN RECORDED AS
DOCUMENT NUMBER 1400372 IN KANE COUNTY, ILLINOIS; THENCE NORTH
46019'38" EAST ALONG THE EAST LINE OF SAID SUBDIVISION, A DISTANCE
OF 992.20 FEET; THENCE NORTH 46°27'47" EAST, A DISTANCE OF 1478.82
FEET; THENCE NORTH 48°43'03" WEST, A DISTANCE OF 590.63 FEET; THENCE
NORTH 25001'47" EAST, A DISTANCE OF 1690.05 FEET; THENCE SOUTH
64°08'27" EAST, A DISTANCE OF 573.56 FEET; THENCE NORTH 25°01'47" EAST,
A DISTANCE OF 531.51 FEET TO THE POINT OF BEGINNING; CONTAINING
134.34 ACRES OF LAND, MORE OR LESS, ALL IN KANE COUNTY, ILLINOIS.
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"EXHIBIT A" LEGAL DESCRIPTION
MEIER PROPERTY
COMMERCIAL
THAT PART OF SECTION 18 IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID
SECTION 18; THENCE SOUTH ALONG THE WEST LINE OF SAID NORTHEAST
QUARTER OF SAID SECTION 18, A DISTANCE OF 462 FEET TO THE
CENTERLINE OF U.S. ROUTE 20; THENCE SOUTH 64°08'27" EAST ALONG THE
CENTERLINE OF U.S. ROUTE 20, A DISTANCE OF 576.04 TO THE POINT OF
BEGINNING; THENCE SOUTH 64°08'27" EAST ALONG THE CENTERLINE OF
U.S. ROUTE 20, A DISTANCE OF 1197.48 FEET; THENCE SOUTH 31°26'33"
WEST, A DISTANCE OF 816.74 FEET; THENCE NORTH 639700" WEST, A
DISTANCE OF 998.91 FEET TO A POINT OF CURVATURE; THENCE WESTERLY
ALONG A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 525.00
FEET, AN ARC LENGTH OF 43.17 FEET; THENCE NORTH 25°01'47" EAST, A
DISTANCE OF 90.78 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY
ALONG A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 400.00
FEET, AN ARC LENGTH OF 110.79 FEET TO A POINT OF TANGENCY; THENCE
NORTH 09009'36" EAST, A DISTANCE OF 124.37 FEET TO A POINT OF
CURVATURE; THENCE NORTHERLY ALONG A CURVE CONCAVE EASTERLY
AND HAVING A RADIUS OF 400.00 FEET, AN ARC LENGTH OF 110.79 FEET TO
A POINT OF TANGENCY; THENCE NORTH 25°01'47" EAST, A DISTANCE OF
370.69 FEET TO THE POINT OF BEGINNING CONTAINING 20.90 ACRES OF
LAND, MORE OR LESS, IN KANE COUNTY, ILLINOIS.
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CERTIFICATE OF CITY CLERK
I, Dolonna Mecum, DO HEREBY CERTIFY that I am the duly qualified City Clerk of
the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City
Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal
o'- thereof.
I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of:
ORDINANCE NO. S2-05
AN ORDINANCE
ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN
(Meier Property —100 Nesler Road)
passed by the Elgin City Council at its legally convened meeting held on January 12, 2005.
`0z"
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the
City of Elgin at the said City in the County and State aforesaid this February 10, 2005.
f'A
City Clerk
(SEAL)
This instrument prepared by: Return to:
William A. Cogley Dolonna Mecum
Corporation Counsel Elgin City Clerk
City of Elgin 150 Dexter Court
150 Dexter Court 2/;� Elgin, IL 60120
Elgin, IL 60120
6
ti
SANDY WEMAN
MAP ATTACHED
RECORDER
KANE COUNTY, IL
State of Illinois)
RECORDED ON
02/23/2005 03:06PH
County of Kane) ss
REC FEE: 39.00
City of Elgin )
PAGES: 5
CERTIFICATE OF CITY CLERK
I, Dolonna Mecum, DO HEREBY CERTIFY that I am the duly qualified City Clerk of
the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City
Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal
o'- thereof.
I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of:
ORDINANCE NO. S2-05
AN ORDINANCE
ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN
(Meier Property —100 Nesler Road)
passed by the Elgin City Council at its legally convened meeting held on January 12, 2005.
`0z"
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the
City of Elgin at the said City in the County and State aforesaid this February 10, 2005.
f'A
City Clerk
(SEAL)
This instrument prepared by: Return to:
William A. Cogley Dolonna Mecum
Corporation Counsel Elgin City Clerk
City of Elgin 150 Dexter Court
150 Dexter Court 2/;� Elgin, IL 60120
Elgin, IL 60120
6
Ordinance No. S2-05
AN ORDINANCE
ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN
(Meier Property — 100 Nesler Road)
WHEREAS, a petition signed by all the owners of record of certain territory has been filed
with the City Clerk requesting annexation of said territory to the City of Elgin, Illinois; and
WHEREAS, said petition includes therein a statement under oath by all the owners of record
that no electors reside on the subject territory; and
WHEREAS, said territory is contiguous to the City of Elgin and is not within the corporate
limits of any municipality; and
WHEREAS, legal notices of the intent of the City of Elgin to annex said territory have been
forwarded to all public bodies required to receive said notice in the manner provided by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the territory and lands described as follows be and are annexed to and
made a part of the City of Elgin and the boundaries of the City of Elgin be and are hereby enlarged
and extended to include in the corporate boundaries of the City of Elgin said territory:
Parcel One:
That Part Of Section 18 And Part Of The Northwest Quarter Of Section 19,
All In Township 41 North, Range 8 East Of The Third Principal Meridian And Part
Of The Southeast Quarter Of Section 13, Township 41 North, Range 7 East Of The
Third Principal Meridian. Described As Follows:
Commencing At The Northwest Corner Of The Northeast Quarter Of Said
Section 18; Thence South Along The West Line Of Said Northeast Quarter 462 Feet
To The Centerline Of U.S. Route 20; Thence North 64°05' West Along Said
Centerline, 30.36 Feet To A Point Hereinafter Referred To As Point "A" Thence
South 64°05' East Along Said Centerline Of Highway, 925.4 Feet For The Point Of
Beginning; Thence South 64°05' East Along Said Centerline, 882.86 Feet To A
Point 289.74 Feet Westerly Of The Intersect I On Of The Center Of Said Road With
The Center Of A Road Running Northeasterly Through Said Section 18; Thence
South 31°3o' West Parallel With The Center Of Said Road, 792.99 Feet; Thence
South 64°05'east, 289.4 Feet To The Center Of Road; Thence South 31°21' West,
1868.62 Feet To An Angle In Said Road; Thence South 5o°05' West, 170 Feet;
Thence South 40°47' West Along The Center Of Said Road, 2335 Feet; Thence
North 49°39' West, 1502 Feet; Thence North 46°28' East, 992.2 Feet; Thence North
46°39' East, 1479.8 Feet To A Point South 48° East, 20.92 Chains From The Point
On The Township Line 29 Chains South Of The Northwest Corner Of Said Section
18, Aforesaid; Thence North 48° West, 591.3 Feet To A Point South 25°13' West
From Point "A" Aforesaid; Thence North 25° 13' East,1688.6 Feet To A Point 530.4
Feet Southerly Measured Along The Last Described Line From Said Point "A";
Thence South 64°05'; East Parallel With The Centerline Of U.S. Route 20,926 Feet
To A Point South 25°22' West From The Point Of Beginning; Thence North 25°22'
East, 524.8 Feet To The Point Of Beginning, Excepting Therefrom The Following
Described Property:
Commencing At The Northwest Corner Of The Northeast Quarter Of Said
Section 18; Thence South Along The West Line Of Said Northeast Quarter 462 Feet
To The Centerline Of U.S. Route 20; Thence North 64°05' West Along Said
Centerline, 30.36 Feet; Thence South 64°05' East Along Said Centerline Of
Highway, 925.4 Feet; Thence South 64°05' East Along Said Centerline, 882.86 Feet
To A Point 289.74 Feet Westerly Of The Intersection Of The Center Of Said Road
With The Center Of A Road Running Northeasterly Through Said Sect I On 18;
Thence South 31°30' West Parallel With The Center Of Said Road, 792.99 Feet;
Thence South 64°05' East, 289.4 Feet To The Center Of Road; Thence South 31 °21'
West, 1868.62 Feet To An Angle In Said Road; Thence South 50°05' West, 170
Feet; Thence South 40047' West Along The Center Of Said Road, 2335 Feet; Thence
North 49°39' West, 1502 Feet; Thence North 46°28' East, 992.2 Feet; Thence North
46°39' East, 119.08 Feet To The Point Of Beginning Of This Description; Thence
Continuing North 46°39' East, 300.00 Feet; Thence South 43°21" East,
Perpendicular To The Previous Course, 1368.16 Feet To The Center Of The
Aforesaid Road Running Northeasterly Through Said Section 18; Thence South
40°47' West Along The Center Of Said Road, 301.53 Feet To A Point That Is South
43 East From The Point Of Beginning; Thence North 43°21' West, 1398.54 Feet To
The Point Of Beginning Situated In The Townships Of Elgin And Plato, County Of
Kane, In The State Of Illinois.
Parcel Two:
That Part Of The Northeast Quarter Of Sect I On 18, Township 41 North,
Range 8 East Of The Third Principal Meridian, Described As Follows:
Commencing At The Northwest Corner Of Said Northeast Quarter; Thence
South Along The West Line Of Said Northeast Quarter, 462 Feet To The Centerline
Of U.S. Route 20; Thence South 64005' East Along Said Centerline, 541.86 Feet For
The Point Of Beginning; Thence South 25°55' West, 528 Feet; Thence South 64005'
East Parallel With The Centerline Of Said U.S. Route 20, 351.78 Feet; Thence North
25°55' East, 528 Feet To A Point On The Centerline Of Said U.S. Route 20, 874.50
Feet Easterly Of, Measured Along Said Centerline, The West Line Of Said Northeast
Quarter; Thence North 64°05' West Along Said Centerline To The Point Of
Beginning, In The Township Of Elgin, Kane County, Illinois.
Together With That Part Of U.S. Route 20 (Lake Street) Lying Northerly Of
And Adjacent To The Above Described Property And That Part Of Nesler Road
Lying Easterly Of And Adjacent To The Above Described Property Except Any Part
Previously Annexed To The City Of Elgin In Kane County, Illinois
All The Above Described Property Contains 168.03 Acres Of Land More Or
Less.
Section 2. That a certified copy of this ordinance together with an accurate map of said
territories shall be filed with the Recorder of Deeds, Kane County, Illinois.
Section 3. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: January 12, 2005
Passed: January 12, 2005
Vote: Yeas: 4 Nays: 2
Recorded: January 13, 2004
Published:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk