HomeMy WebLinkAbout05-239 Resolution No. 05-239
RESOLUTION
AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO'
ANNEXATION AGREEMENT WITH PINGREE CREEK, L.L.C.
(Pingree Creek - 4400 Damisch Road)
WHEREAS, the owners of certain property commonly known as Pingree Creek at
4400 Damisch Road have proposed that the annexation agreement between the owners and the City
of Elgin concerning said property be amended; and
WHEREAS, after due notice as required by law, a public hearing on said proposal was held
by the corporate authorities of the City of Elgin; and
WHEREAS,the proposed First Amendment to Annexation Agreement with Pingree Creek,
L.L.C. is in the best interests of the City of Elgin.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby
authorized and directed to execute, on behalf of the City of Elgin, the First Amendment to
Annexation Agreement with Pingree Creek, L.L.C., a copy of which is attached hereto.
s/Ed Schock
Ed Schock, Mayor
Presented: July 27, 2005
Adopted: July 27, 2005
Vote: Yeas: 6 Nays: 1
Attest:
I
s/Dolonna Mecum
Dolonna Mecum, City Clerk
I/
' FIRST AMENDMENT TO ANNEXATION AGREEMENT
THIS FIRST AMENDMENT TO ANNEXATION AGREEMENT(hereinafter referred
to as the"Amendment Agreement")made and entered into this_R�.(-day of July, 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 PINGREE CREEK,
L.L.C., an Illinois limited liability company, (hereinafter referred alternatively as the "Owner"
or"Developer").
WHEREAS, The City and the Owner have previously entered into an Annexation
Agreement dated February 25, 2004 (hereinafter referred to as the "Agreement"); and
WHEREAS, the Owner is the owner of record of the real property described in Exhibit
A, which is attached hereto and made part hereof (which real property, for convenience, is
hereinafter referred to as the "Other Property"); and
WHEREAS, the Other Property owned by the Owner is contiguous to the Subject
Property referred to in the Agreement and is contiguous to the corporate limits of the City and
not within the corporate boundaries of any other municipality; and
WHEREAS, Section 50 of the Agreement provides:
"50. At any time during the term of this Agreement,other property(the
"Other Property") owned by the Owner which is contiguous to the Subject
Property and contiguous to the corporate limits of the City and not within the
corporate boundaries of any other municipality,shall,upon petition of the Owner,
be annexed to the City upon the same terms and conditions as contained in this
Agreement. Upon receipt of a petition for annexation of the Other Property, the
City agrees to expeditiously hold all required public hearings to annex the Other
Property and shall within sixty (60) days after receipt of the petition for
annexation with respect to the Other Property enter into an annexation agreement
for the Other Property substantially identical to the terms of this Agreement, or
shall amend this Agreement to add the Other Property to the terms of this
Agreement.'"; and
WHEREAS, Owner desires to annex the Other Property to the City upon the terms and
conditions provided for in this Amendment Agreement and in the Agreement; and
WHEREAS,Owner,after full consideration,recognizes the many advantages and benefits
resulting from the annexation of the Other Property to the City; and
WHEREAS, the Other Property constitutes territory which may be annexed to the City
of Elgin as provided in Article 7 of the Illinois Municipal Code (65 ILCS 5/7-1 et seq.); and
WHEREAS, the Owner has filed a petition for annexation with the City of Elgin
petitioning for the annexation of the Other Property into the City of Elgin in the form and
substance as required by law; and
WHEREAS, the Other Property is located within the Pingree Grove Fire Protection
District, and
WHEREAS, each of the Trustees of said District was notified by certified or registered
mail at least ten days in advance of any action taken with respect to the annexation of the Other
Property,and an affidavit that service of said notice has been filed with the County Recorder;and
WHEREAS, the Subject Property is located within Rutland and Plato Townships, and
whereas the Township Commissioner of Highways and each of the trustees of said townships
were notified in writing by certified or registered mail at least ten days in advance of any action
taken with respect to the annexation of the Subject Property; and
WHEREAS, the Mayor and members of the City Council of the City (Corporate
Authorities) have duly set a date, time and place for a public hearing on this Amendment
Agreement, and have caused due notice to be made of said public hearing through publication
in a newspaper of general circulation in the community; and
WHEREAS, pursuant to the provisions.of Section 11-15.1-1 et seq. of the Illinois
Municipal Code(65 ILCS 5/11-15.1-1 et seq.)a proposed Annexation Agreement was submitted
to the City and a public hearing was held thereon pursuant to notice, as provided by statute;and
WHEREAS, the Corporate Authorities of the City after due and careful consideration
have concluded that the annexation of the Other Property to the City on the terms and conditions
hereinafter set forth is in the best interests of the City; and
WHEREAS,pursuant to notices 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 Other Property.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, and in consideration of the mutual promises and covenants contained in the Agreement,
the sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. This Amendment 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.),and in the
exercise of the home rule power of the City.
2. That the Annexation Agreement dated February 25, 2004 (the "Agreement") be
and is hereby amended as follows:
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f
A. Exhibit A to the Agreement providing for the legal description of
the Subject Property be and is hereby amended as provided in Exhibit B attached
hereto so as to include the Other Property as part of the Subject Property.
B. Within thirty (30) days of the entry into this Amendment
Agreement the Corporate Authorities ofthe City of Elgin shall pass an ordinance
annexing the Other Property to the City. The Plat of Annexation for such Other
Property shall depict and legally describe the Other Property and shall be in a
form similar to Exhibit B to the Agreement.
C. Within thirty (30) days of the entry into this Amendment
Agreement the corporate authorities shall adopt an ordinance amending zoning
ordinances G20-04, G21-04, G22-04, G23-04 and G24-04 to include the Other
Property within the areas zoned by such zoning ordinances.
D. Paragraph 50 of the Agreement be and is hereby deleted.
3. That in the event of any conflict between the terms of this Amendment Agreement
and the terms of the Agreement, the terms of this Amendment Agreement shall control.
4. That except as expressly amended in this Amendment Agreement the terms of the
Agreement between the City and the Owner shall remain in full force and effect.
IN WITNESS WHEREOF, the Elgin corporate authorities and the Owner have hereunto
set their hands and seals and have caused this instrument to be executed by their duly authorized
officials all on the day and year first written above.
CITY: CITY OF ELGIN, ci corporation
By:
M ayo
ATTEST:
City Clerk
DEVELOPER: PINGREE CREEK, L.L.C.
By: SHODEEN MANAGEMENT COMPANY,
its Manager
By:
/Title: Chairman
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i
LIST OF EXHIBITS
Exhibit "A" - Legal Description of Other Property
Exhibit "B" - Legal Description of Subject Property including Other Property
- 4 -
EXHIBIT "A": PINGREE CREEK ANNEXATION LEGAL DESCRIPTION
Parcel 1: That part of the Southeast Quarter of said Section 33 described as follows:
Commencing at the most northerly corner of Lot 1, Block 3 of said Pingree Grove and
Daniel Pingree's Addition to Pingree Grove; thence northwesterly along the
northwesterly extension of the northeasterly line of said Lot 1 , 66.0 feet; thence
northeasterly along a line forming an angle of 116 degrees 35 minutes 00 seconds with
the last described course (measured counter clockwise therefrom) 17.89 feet to a line
drawn parallel with and 16.0 northeasterly of the northeasterly line (measured at right
angles thereto) of Block 2 of said Pingree Grove and Daniel Pingree's Addition to
Pingree Grove; thence northwesterly along said parallel line, being also 16.0 feet
northeasterly and parallel with the northeasterly line of Lots 1 through 4 of said Mrs.
H.M. Pingree's Second Addition to Pingree Grove, 652.04 feet to the northeasterly
extension of the northwesterly line of said Lot 1 ; Thence southwesterly along said
northeasterly extension and northwesterly line forming an angle of 89 degrees 51
minutes 13 seconds with the last described course (measured clockwise therefrom)
149.79 feet to the center line of Reinking Road for a point of beginning; thence northerly
along said center line forming an angle of 73 degrees, 56 minutes, 24 seconds with the
last described course (measured counter clockwise therefrom) 165.55 feet to the
northwest corner of a tract of land conveyed by Document 1991347; thence easterly
along the northerly line of said tract forming an angle of 89 degrees 07 minutes 01
seconds with the last described course (measured counter clockwise therefrom) 81.47
feet; thence southerly along an easterly line of said tract forming an angle of 169
degrees 09 minutes 46 seconds with the last described course (measured counter
clockwise therefrom) 39.66 feet; thence southwesterly along the southeasterly line of
said tract, 151.94 feet to the point of beginning, all in Rutland Township, Kane County,
Illinois. Property commonly known as 1545 Reinking Road.
Parcel 2: That part of the Southwest Quarter of Section 34, Township 42 North, Range
7 East of the Third Principal Meridian, described as follows: Beginning at a point on the
southeasterly line of the highway, north 32 degrees 13 minutes east, 171 feet and 9
inches from the northeast corner of Lot 1 in Block 3 of the Map of Pingree Grove, (said
point being the northeast corner of the premises described in the deed to Matilda Squier
dated March 24, 1892 and recorded June 6, 1892 as Document 46543 in Book 314,
Page 599); thence continuing northeasterly along the southeasterly line of said highway,
63 feet; thence south 31 degrees 12 minutes east parallel with the easterly line of said
Block 3 the northerly line of the Chicago, Milwaukee and St. Paul Railroad Company;
thence northwesterly along the northerly line of said right of way, 95 feet more or less,
to a point which is south 31 degrees 12 minutes east, 10.80 chains from the point of
beginning; thence north 31 degrees 12 minutes west parallel with the easterly line of
Block 3 aforesaid, 10.80 chains to the point of beginning, in the Village of Pingree
Grove, Kane County, Illinois. Property commonly known as 1495 Damisch Road.
Parcel 3: Those parts of Section 2 and part of the east half of Section 3 Township 41
North Range 7 East of the Third Principal Meridian described as follows: Beginning at
the northwest corner of the Northeast Fractional Quarter of said Section 2; thence east
along the north line of said Northeast Fractional Quarter, 378.84 feet (5.74 chains);
thence south 8 degrees 00 minutes east, 3693.74 feet to the south line of said Section
2; thence westerly along said south line, 3572.46 feet to the southwest corner of said
Section 2; thence westerly along the south line of said Section 3, 1664.46 feet to the
west line of the east 20 rods (330.0 feet0 of the West Half of the East Half of said
Section 3; thence northerly along said west line of the east 20 rods, 2718.68 feet to the
center line of U.S. Route No. 20; thence northeasterly along said center line, 1993.74
feet to the westerly line of Grove Street in Daniel Pingree's Addition to Pingree Grove
extended northerly; thence southerly along said extended westerly line and the westerly
line of said Grove Street, 198.19 feet to the southwest corner of said Grove Street;
thence northeasterly along a southeasterly line of said Grove Street and the
southeasterly line of Block 4 in said Daniel Pingree's Addition, 889.64 feet to the center
line of State Street in said Daniel Pingree's Addition; thence northwesterly along the
center line of said State Street, 287.21 feet to a point on the southerly line extended of
premises conveyed to John H. Kelley by QuitClaim Deed dated November 15, 1890,
and recorded January 14, 1891, as Document 34606, in Book 296, Page 19; thence
northeasterly along said extended southerly line, the southerly line of said premises,
and said southerly line extended, 323.62 feet to the north line of the Northwest
Fractional Quarter of said Section 2; thence easterly along said north line, 1090.34 feet
to the point of beginning, excepting therefrom that part thereof falling within the right of
way of the Soo Line Railroad (formerly Chicago, Milwaukee, St. Paul and Pacific
Railroad Company), in the Village of Pingree Grove and Plato Township, Kane County,
Illinois, and also including; Lot 1 and the easterly half of Lot 2 in Block 4 of Daniel
Pingree's Addition to Pingree Grove, Kane County, Illinois, in Plato Township, Kane
County, Illinois, excepting from all of the foregoing described property those portions
thereof falling within the City of Elgin Corporate Limits, as identified in Document No.
2004K059356 recorded on May 11, 2004 at the Recorder's Office in Kane County,
Illinois, as shown. Property commonly known as 1300 and 1301 U.S. Route No. 20.
EXHIBIT B: COMBINED PINGREE CREEK LEGAL DESCRIPTION
That part of the Southwest Quarter of Section 27, part of the East Half of
Section 33 and part of Section 34, Township 42 North, Range 7 East of the
Third Principal Meridian described as follows: Commencing at the most
northerly corner of Lot 1 , Block 3, Pingree Grove and Daniel Pingree's
Addition to Pingree Grove, Kane County, Illinois; thence northeasterly along
a line forming an angle of 63°25'00" with the northwesterly extension of the
northeasterly line of said Lot 1, 234.75 feet for a point of beginning; thence
southwesterly along the last described course 234.75 feet to the northeast
corner of said Lot 1; thence northwesterly along said northwesterly extension
66.0 feet; thence northeasterly along a line forming an angle of 116°35'00"
with the last described course (measured counterclockwise therefrom) 17.89
feet to a line drawn parallel with and 16.0 feet northeasterly of the
northeasterly line (measured at right angles thereto) of Block 2 of said
Pingree Grove and Daniel Pingree's Addition to Pingree Grove; thence
northwesterly along said parallel line, being also 16.0 feet northeasterly of
and parallel with the northeasterly line of Lots 1 through 4 of Mrs. H.M.
Pingree's Second Addition to Pingree Grove, Kane County, Illinois 652.04
feet to the northeasterly extension of the northwesterly line of said Lot 1;
thence southwesterly along said northeasterly extension and northwesterly
line forming an angle of 89°51'13"with the last described course (measured
clockwise therefrom) 149.79 feet to the center line of Reinking Road; thence
northerly along said center line forming an angle of 73056'24" with the last
described course (measured counterclockwise therefrom) 1931.32 feet to the
center line of Highland Avenue; thence easterly along said center line
forming an angle of 82°39'11" with the last described course (measured
counterclockwise therefrom) 1770.58 feet to a line drawn parallel with and
792.0 feet (12.0 chains) easterly of the west line (measured at right angles
thereto) of the Northwest Quarter of said Section 34; thence northerly along
said parallel line forming an angle of 97051'22"with the last described course
(measured clockwise therefrom) 1878.47 feet to the north line of said
Northwest Quarter; thence westerly along said north line forming an angle of
89044'39" with the last described course (measured clockwise therefrom)
33.01 feet to a line drawn parallel and with 759.0 feet (11 .50 chains)easterly
of the west line (measured at right angles thereto) of the Southwest Quarter
of said Section 27; thence northerly along said parallel line forming an angle
of 90°05'57" with the last described course (measured counterclockwise
therefrom) 1321 .48 feet to the north line of the South Half of said Southwest'
Quarter; thence easterly along said north line forming an angle of 89°56'24"
with the last described course (measured counterclockwise therefrom)
1888.88 feet to the northeast corner of said South Half; thence southerly
along the east line of said South Half forming an angle of 89°54'51"with the
last described course (measured counterclockwise therefrom) 1322.76 feet
to the northwest corner of the Northwest Quarter of the Northeast Quarter of
said Section 34; thence easterly along the north line of the Northwest
Quarter of said Northeast Quarter forming an angle of 89°44'42"with the last
described course (measured clockwise therefrom) 1316.18 feet to the
northeast corner thereof; thence southerly along the east line of the
Northwest Quarter of said Northeast Quarter forming an angle of 89°20'09"
with the last described course (measured counterclockwise therefrom)
1318.91 feet to the southeast corner thereof;thence westerly along the south
line of the Northwest Quarter of said Northeast Quarter forming an angle of
90°36'43" with the last described course (measured counterclockwise
therefrom) 1314.44 feet to the southwest corner thereof; thence southerly
along the east line of the West Half of said Section 34 forming an angle of
90°32'14" with the last described course (measured clockwise therefrom)
3961.27 feet to the southeast corner of said West Half; thence westerly
along the south line of said West Half forming an angle of 90°26'34"with the
last described course (measured counterclockwise therefrom) 1407.76 feet
to the northeasterly line of the right of way of the Soo Line Railroad (formerly
Chicago, Milwaukee, St.Paul and Pacific Railroad Company); thence
northwesterly along said northeasterly line forming an angle of 158°41'36"
with the last described course (measured counterclockwise therefrom)
694.07 feet to a line drawn parallel with the northeasterly line of said Pingree
Grove and Daniel Pingree's Addition to Pingree Grove from the point of
beginning; thence northwesterly along said parallel line forming an angle of
142°06'21" with the last described course (measured counterclockwise
therefrom) 808.28 feet to the point of beginning, excepting therefrom that
part of the Southeast Quarter of said Section 33 described as follows:
Commencing at the most northerly corner of Lot 1 , Block 3 of said Pingree
Grove and Daniel Pingree's Addition to Pingree Grove; thence northwesterly
along the northwesterly extension of.the northeasterly line of said Lot 1, 66.0
feet; thence northeasterly along a line forming an angle of 116°35'00" with
the last described course (measured counterclockwise therefrom) 17.89 feet
to a line drawn parallel with and 16.0 feet northeasterly of the northeasterly
line (measured at right angles thereto) of Block 2 of said Pingree Grove and
Daniel Pingree's Addition to Pingree Grove; thence northwesterly along said
parallel line, being also 16.0 feet northeasterly of and parallel with the
northeasterly line of Lots 1 through 4 of said Mrs. H. M. Pingree's Second
Addition to Pingree Grove 652.04 feet to the northeasterly extension of the
northwesterly line of said Lot 1 ; thence southwesterly along said
northeasterly extension and northwesterly line forming an angle of 89°51'13"
with the last described course (measured clockwise therefrom 149.79 feet to
the center line of Reinking Road for a point of beginning; thence northerly
along said center line forming an angle of 73°56'24" with the last described
course (measured counterclockwise therefrom) 165.55 feet to the northwest
corner of a tract of land conveyed by Document 1991347; thence easterly
along the northerly line of said tract at right angles to said center line 154.36
feet to the northeast corner thereof; thence southerly along an easterly line
of said tract forming an angle of 89°07'01" with the last described course
(measured counterclockwise therefrom) 81.47 feet; thence southerly along
an easterly line of said tract forming an angle of 169°09'46" with the last
described course (measured counterclockwise therefrom)39.66 feet; thence
southwesterly along the southeasterly line of said tract 151 .94 feet to the
point of beginning, all in Rutland Township, Kane County, Illinois, together
with that part of Highland Avenue and Reinking Road lying northerly and
westerly of, respectively, and adjoining the foregoing,
and;
Those parts of Section 2 and Part of the East Half of Section 3, Township 41
North, Range 7 East of the Third Principal Meridian described as follows:
Beginning at the northwest corner of the Northeast Fractional Quarter of said
Section 2; thence East along the north line of said Northeast Fractional
Quarter 378.84 feet (5.74 chains); thence South 8°00' East 3693.74 feet to
the south line of said Section 2; thence westerly along said south line
3572.66 feet to the southwest corner of said Section 2; thence westerly along
the south line of said Section 3, 1664.46 feet to the west line of the East 20
rods (330.0 feet) of the West Half of the East Half of said Section 3; thence
northerly along said west line of the East 20 rods 2718.68 feet to the center
line of U.S. Route No. 20; thence northeasterly along said center line
1993.74 feet to the westerly line of Grove Street in Daniel Pingree's Addition
to Pingree Grove extended northerly; thence southerly along said extended
westerly line and the westerly line of said Grove Street 198.19 feet to the
southwest corner of said Grove Street; thence northeasterly along a
southeasterly line of said Grove Street and the southeasterly line of Block 4
in said Daniel Pingree's Addition 889.64 feet to the center line of State
Street in said Daniel Pingree's Addition; thence northwesterly along the
center line of said State Street 287.21 feet to a point on the southerly line
extended of premises conveyed to John H. Kelley by QuitClaim Deed dated
November 15, 1890, and recorded January 14, 1891, as Document 34606, in
Book 296, Page 19; thence northeasterly along said extended southerly line,
the southerly line of said premises, and said southerly line extended 323.62
feet to the north line of the Northwest Fractional Quarter of said Section 2;
thence easterly along said north line 1090.34 feet to the point of beginning,
excepting therefrom that part thereof falling within the right of way of the Soo
Line Railroad (formerly Chicago, Milwaukee, St. Paul and Pacific Railroad
Company), in Plato Township, Kane County, Illinois, and also including; Lot
1 and the Easterly Half of Lot 2 in Block 4 of Daniel Pingree's Addition to
Pingree Grove, Kane County, Illinois, in the Village of Pingree Grove, Kane
County, Illinois, excepting from all of the foregoing described property those
portions thereof currently falling within the Village of Pingree Grove corporate
limits, as identified in Document No. 89197 recorded on April 26, 1907 at the
Recorders Office in Kane County, Illinois (property commonly known as 4400
Damisch Road),
and;
That part of the Southeast Quarter of said Section 33 described as follows:
Commencing at the most northerly corner of Lot 1, Block 3 of said Pingree
Grove and Daniel Pingree's Addition to Pingree Grove; thence northwesterly
along the northwesterly extension of the northeasterly line of said Lot 1, 66.0
feet; thence northeasterly along a line forming an angle of 116 degrees 35
minutes 00 seconds with the last described course (measured counter
clockwise therefrom) 17.89 feet to a line drawn parallel with and 16.0
northeasterly of the northeasterly line (measured at right angles thereto) of
Block 2 of said Pingree Grove and Daniel Pingree's Addition to Pingree
Grove; thence northwesterly along said parallel line, being also 16.0 feet
northeasterly and parallel with the northeasterly line of Lots 1 through 4 of
said Mrs. H.M. Pingree's Second Addition to Pingree Grove, 652.04 feet to
the northeasterly extension of the northwesterly line of said Lot 1 ; Thence
southwesterly along said northeasterly extension and northwesterly line
forming an angle of 89 degrees 51 minutes 13 seconds with the last
described course (measured clockwise therefrom) 149.79 feet to the center
line of Reinking Road for a point of beginning; thence northerly along said
center line forming an angle of 73 degrees, 56 minutes, 24 seconds with the
last described course (measured counter clockwise therefrom) 165.55 feet to
the northwest corner of a tract of land conveyed by Document 1991347;
thence easterly along the northerly line of said tract forming an angle of 89
degrees 07 minutes 01 seconds with the last described course (measured
counter clockwise therefrom) 81.47 feet; thence southerly along an easterly
line of said tract forming an angle of 169 degrees 09 minutes 46 seconds
with the last described course (measured counter clockwise therefrom)39.66
feet; thence southwesterly along the southeasterly line of said tract, 151.94
feet to the point of beginning, all in Rutland Township, Kane County, Illinois.
Property commonly known as 1545 Reinking Road,
and;
That part of the Southwest Quarter of Section 34, Township 42 North, Range
7 East of the Third Principal Meridian, described as follows: Beginning at a
point on the southeasterly line of the highway, north 32 degrees 13 minutes
east, 171 feet and 9 inches from the northeast corner of Lot 1 in Block 3 of
the Map of Pingree Grove, (said point being the northeast corner of the
premises described in the deed to Matilda Squier dated March 24, 1892 and
recorded June 6, 1892 as Document 46543 in Book 314, Page 599); thence
continuing northeasterly along the southeasterly line of said highway, 63 feet;
thence south 31 degrees 12 minutes east parallel with the easterly line of
said Block 3 the northerly line of the Chicago, Milwaukee and St. Pau!
Railroad Company; thence northwesterly along the northerly line of said right
of way, 95 feet more or less, to a point which is south 31 degrees 12 minutes
east, 10.80 chains from the point of beginning; thence north 31 degrees 12
minutes west parallel with the easterly line of Block 3 aforesaid, 10.80 chains
to the point of beginning, in the Village of Pingree Grove, Kane County,
Illinois. Property commonly known as 1495 Damisch Road,
and;
Those parts of Section 2 and part of the east half of Section 3 Township 41
North Range 7 East of the Third Principal Meridian described as follows:
Beginning at the northwest corner of the Northeast Fractional Quarter of said
Section 2; thence east along the north line of said Northeast Fractional
Quarter, 378.84 feet(5.74 chains); thence south 8 degrees 00 minutes east,
3693.74 feet to the south line of said Section 2; thence westerly along said
south line, 3572.46 feet to the southwest corner of said Section 2; thence
westerly along the south line of said Section 3, 1664.46 feet to the west line
of the east 20 rods (330.0 feet0 of the West Half of the East Half of said
Section 3; thence northerly along.said west line of the east 20 rods, 2718.68
feet to the center line of U.S. Route No. 20; thence northeasterly along said
center line, 1993.74 feet to the westerly line of Grove Street in Daniel
Pingree's Addition to Pingree Grove extended northerly; thence southerly
along said extended westerly line and the westerly line of said Grove Street,
198.19 feet to the southwest corner of said Grove Street; thence
northeasterly along a southeasterly line of said Grove Street and the
southeasterly line of Block 4 in said Daniel Pingree's Addition, 889.64 feet to
the center line of State Street in said Daniel Pingree's Addition; thence
northwesterly along the center line of said State Street, 287.21 feet to a point
on the southerly line extended of premises conveyed to John H. Kelley by
QuitClaim Deed dated November 15, 1890, and recorded January 14, 1891,
as Document 34606, in Book 296, Page 19; thence northeasterly along said
extended southerly line, the southerly line of said premises, and said
southerly line extended, 323.62 feet to the north line of the Northwest
Fractional Quarter of said Section 2; thence easterly along said north line,
1090.34 feet to the point of beginning, excepting therefrom that part thereof
falling within the right of way of the Soo Line Railroad (formerly Chicago,
Milwaukee, St. Paul and Pacific Railroad Company), in the Village of Pingree
Grove and Plato Township, Kane County, Illinois, and also including; Lot 1
and the easterly half of Lot 2 in Block 4 of Daniel Pingree's Addition to
Pingree Grove, Kane County, Illinois, in Plato Township, Kane County,
Illinois, excepting from all of the foregoing described property those portions
thereof falling within the City of Elgin Corporate Limits, as identified in
Document No. 2004K059356 recorded on May 11 , 2004 at the Recorder's
Office in Kane County, Illinois, as shown. Property commonly known as 1300
and 1301 U.S. Route No. 20.
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 attached
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.
M/ 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.
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 8th day of February , 2004
PET IOIER' (RECORD OWNER'S SIGNATURE PETITIONER'S/RECORD OWNER'S SIGNATURE
ian y, L.L.C. Pingree Creek, L.L.C.
V. David A. P President Crai A. Seen; Vice President
PETITIONER'S P TEhod
D NAME: PETITIONER'S PRINTED NAME:
(Attach additional page of petitioner/record owner signatures when necessary.)
I
Subscribed and sworn to before me this k4h day of -Qruar 200,4,.5
OFFICIALTARY PUBLIC
Forms\Annexation AgreementslPetition to City for Annexation.doc LISA K SMITH/
Revised 12/18/2003 NOTARY PUBLIC STATE OF ILLINOIS
MY COMMISSION EXP.MAR.23,2006
THOSE PARTS OF SECTION 2 AND PART OF THE EAST HALF OF SECTION 3, TOWNSHIP 41
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGIYINING AT THE NORTHWEST CONRER OF THE NORTHEAST FRACTIONAL QUARTER OF SAID
` SECTION 2; THENCE EAST ALONG THE NORTH LINE OF SAID NORTHEAST FRACTIONAL QUARTER.
378.84 FEET (5.74 CHAINS); THENCE SOUTH 8 DEGREES 00 MINUTES EAST 3693.74 FEET TO .
THE SOUTH LINE OF SAID SECTION 2; THENCE WESTERLY ALONG SAID SOUTH LINE 3572.66
FEET TO TH% SOUTHWEST CORNER OF SAID SECTION 2; THENCE WESTERLY ALONG THE SOUTH Legal Description Attachment
LINE OF SAID SECTION 3, 1664.46 FEET TO THE WEST LINE OF THE EAST 20 RODS (330.0
FEET) OF THE WEST HALF OF THE EAST HALF OF SAID SECTION 3; THENCE NORTHERLY ALONG
SAID WEST LINE OF THE EAST 20 RODS 2718.68 FEET TO THE CENTER LINE OF U.S. ROUTE
NO- 20; THENCE NORTHEASTERLY ALONG SAID CENTER LINE 1993.74 FEET TO THE WESTERLY
LINE OF GROVE STREET IN DANIEL PINGREE'S ADDITION TO PINGREE GROVE EXTENDED
NORTHERLY; THENCE SOUTHERLY ALONG SAID EXTENDED WESTERLY LINE AND THE WESTERLY
LINE OF SAID GROVE STREET 198.19 FEET TO THE SOUTHWEST CORNER OF SAID GROVE
STREET; THENCE NORTHEASTERLY ALONG A SOUTHEASTERLY LINE OF SAID GROVE STREET AND
THE SOUTHEASTERLY LINE OF BLOCK 4 IN SAID DANIEL PINGREE'S ADDITION 889.64 FEET
TO THE CENTER LINE OF STATE STREET IN SAID DANIEL PINGREE'S ADDITION; THENCE
NORTHWESTERLY ALONG THE CENTER LINE OF SAID STATE STREET 287.21 FEET TO A POINT
ON THE SOUTHERLY LINE EXTENDED OF PREMISES CONVEYED TO JOHN H. KELLEY BY QUIT
CLAIM DEED DATED NOVEMBER 15, 1890 AND RECORDED JANUARY 14, 1891 AS DOCUMENT
34606, IN BOOK 296, PAGE 19; THENCE NORTHEASTERLY ALONG SAID EXTENDED SOUTHERLY
LINE, THE SOUTHERLY LINE OF SAID PREMISES, AND SAID SOUTHERLY LINE EXTENDED
323.62 FEET TO THE NORTH LINE OF THE NORTHWEST FRACTIONAL QUARTER OF SAID SECTION
2; THENCE EASTERLY ALONG SAID NORTH LINE 1090.34 FEET TO THE POINT OF BEGINNING,
EXCEPTING THEREFROM THAT PART FALLING WITHIN THE RIGHT OF WAY OF SOO LINE _
RAILROAD (FORMERLY CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROP.D COMPANY), IN
THE VILLAGE OF PINGREE GROVE AND PLATO TOWNSHIPS, KANE COUNTY, ILLINOIS, AND ALSO
INCLUDING; LOT 1 AND THE EASTERLY HALF OF LOT 2 IN BLOCK 4 OF DANIEL PINGREE'S
ADDITION TO PINGREE GROVE, KANE COUNTY, ILLINOIS, IN THE VILLAGE OF PINGF,EE
GROVE, FANS COUNTY, ILLINOIS,
EXCEPTING FROM ALL OF THE FOREGOING DESCRIBED PROPERTY THOSE PORTIONS THEREOF
FALLING OUTSIDE THE VILLAGE OF PINGREE GROVE CORPORATE LIMITED, AS IDENTIFIED IN
DOCUMENT NO. 89197 RECORDED ON APRIL 26, 1907 AT THE RECORDER'S OFFICE IN KANE
COUNTY, ILLINOIS_
THAT PART OF THE SOUTHEAST 1/4 OF SAID SECTION 33 DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 1, BLOCK 3 OF SAID PINGREE GROVE
AND DANIEL PINGREE'S ADDITION TD PINGREE GROVE; THENCE NORTHWESTERLY ALONG THE
NORTHWESTERLY EXTENSION OF THE NORTHEASTERLY LINE OF SAID LOT 1, 66.0 FEET;
THENCE NORTHEASTERLY ALONG A LINE FORMING ;;N ANGLE OF 116 DEGREES 35 MINUTES 00
SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM)
17.89 FEET TO A LINE DRAWN PARALLEL WITH AND 16.0 FEET NORTHEASTERLY OF THE
NORTHEASTERLY LINE (MEASURED AT RIGHT ANGLES THERETO) OF BLOCK 2 OF SAID PINGREE
GROVE AND DANIEL PINGREE'S ADDITION TO PINGREE GROVE; THENCE NORTHWESTERLY P?.ONG
SAID PARALLEL LINE, BEIIIG ALSO 16.0 FEET NORTHEASTERLY OF AND PARALLEL WITH THE
NORTHEASTERLY LINE OF LOTS 1 THROUGH 4 OF SAID VRS H.M. PINGREE'S SECOND ADDITION
TO PI14GREE GROVE 652.04 FEET TO THE NORTHEASTERLY EXTE14SIOIJ OF THE NORTHWESTERLY
LINE OF SAID LOT 1; THENCE SOUTHWESTERLY ALONG SAID NORTHEASTERLY EXTENSION AND
NORTHWESTERLY LINE FORMING AN ANGLE OF 89 DEGREES 51 MINUTES 13 SECONDS WITH THE
LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 149.79 FEET TO THE CENTER
LINE OF REINKING ROAD FOR A POINT OF BEGINIIING; THENCE NORTHERLY ALONG SAID
CENTER LINE FORMING AN ANGLE OF 73 DEGREES 56 MINUTES 24 SECONDS WITH THE LAST
DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 165.55 FEET TO TH
NORTHWEST CORNER OF A TRACT OF LAND CONVEYED BY DOCUMENT 1991347; THENCE EASTERLY
ALONG THE NORTHERLY LINE OF SAID TRACT AT RIGHT ANGLES TO SAID CENTER LINE 154.36
FEET TO THE NORTHEAST COP—ITER THEREOF; THENCE SOUTHERLY ALONG Aad EASTERLY LINE OF
SAID TRACT FORMING Al, AI4GLE OF S9 DEGREES 07 MINUTES 01 SECONDS WITH THE LAST
DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 81.47 FEET; THE14CE <SNLY
ALONG AN EASTERLY LINE OF Sh_TD TRACT FO RPiI NG AN ANGLE OP 169 DEGREES 09 MIt+uTES
46 SECONIDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM)
39.66 FEET; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID TRACT
151.94 FEET TO THE POINT OF BEGINNING, ALL INFUTLAND TOWNSHIP, 'vliE COU
ILLINOIS
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 42 NORTH, RA14GE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON
THE SOUTHEASTERLY LINE OF THE HIGHWAY NORTH 32 DEGREES 13 MINUTES EAST 171 FEET -
AMD 9 INCHES FROM THE NORTHEAST CORNER OF LOT 1 IN BLOCK 3 OF THE MAP OF PINGREE
GROVE, (SAID POINT BEING THE NORTHEAST CORNER OF THE PREMISES DESCRIBED IMI THE
DEED TO MATILDA SQUIER DATED MARCH 24, 1892 AND RECORDED JUNE 6, 1892 AS DOCUMENT
46543 IN BOOK IN BOOK 314, PAGE 599); THENCE CONTINUING NORTHEASTERLY ALONG THE
SOUTHEASTERLYLINEOF SAID HIGHWAY 63 FEET; THENCE SOUTH 31 DEGREES 12 MINUTES
EAST PARALLEL WITH THE EASTERLY LINE OF SAID BLOCK 3 TO THE NORTHERLY& LINE OF THE
RIGHT OF WAY OF WAY OF THE CHICAGO, MILWAUKEE AND ST, PAUL RAILROAD COMPANY;
THENCE NORTHWESTERLY ALONG THE NORTHERLY LINE OF SAID RIGHT OF WAY 95 FEET MORE
OR LESS TO A POINT WHICH IS SOUTH 31 DEGREES 12 MINUTES EAST 10.80 CHAINS FROM.
THE POINT OF BEGINNING; THENCE NORTH 31 DEGREES 12 MINUTES WEST PARALLEL. WITH THE
EASTERLY LINE OF BLOCK 3 AFORESAID 10.80 CHAINS TO TFE POINT OF BEGINNING, IN THE
VILLAGE OF PINGREE GROVE, KANE COUNTY, ILLINOIS.
PETITIONER/RECORD OWNER SIGNATURE ATTACHMENT
Petitiorlims)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 petitionef s knowledge.
Dated this dayof ,Iw- Zoos-
�p MMEAPAMMOF
PETITIONER'SIRECORD OWNER'S SIGNATURE PETITIONER'SIRECORD OWNER'S SIGNATURE
u�e 0c.yv K o-G vat r.6t-, ,e � Creek, L.L.C.
lcv�f�t qOa 9 z!5 pin �
PETITIONERSIRECORD OWNER'S PRINTED NAME PETITIONER'SARECORD OWNER'S PRINTED NAME
PETITIONER'SIRECORD OWNEWS SIGNATURE PETITIONER'SIRECORD OWNEWS SIGNATURE
Shodeen Construction Ciimpany, L.L.C.
PETITIONER' CORD OWNER'S PRINTED NAME PETITIONER'S/RECORD OWNER'S PRINTED NAME
PETIT IONERIMECORD OWNER'S SIGNATURE PETITIONER'SIRECORD OWNER'S SIGNATURE
PETITIONER'SIRECORD OWNER'S PRINTED NAME PETITIONER'SARECORD OWNER'S PRINTED NAME
Subscnbed and swum to before me this day of
E
9i�9All_ �iIE]kk
<51
a J. Van BusNOTAR PUBLIC
ublic, State of ission Expires 08
FormsftnexathnAgmement0e6fmn to City for Anrmatkm.dDc
Revised 1212212003
GENEIUI-L'DOCUINIEN'I'EXONERATION'RIDCIt
$-tomAc &xM k
1'iiis docgtncat is executed by o(=GeNev4, not personally but as Trustee uud.er Trust No.
as aforesaid, in the exercise of power and authority conferred on and vested in said Trustee as
such,and it is expressly padcrstood and agreed that notbing In said document con(ained shall be
cous4rped-as creating any liability on said Trustee personally to pay any indebtedness accruing
li rcliAdFr, or to lier(orni any covenati4, fithcr express or Implied, Includidg_but not Iilidt6d (Q.
iYofr�ntics, lndctitniiicalions; and hold-harmless rcprescplatioa In said document (all such
-liability,if any,being expressly waived by the parties hereto and Yheir respcc(ive successors and
assiggs) and that so far as said '1'rustce i9 concerned, (lie qw.,cr of any iudeWeduess or riga.
accruldg under said document shall look solely to the premi
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 27it day of Fig 2004.
ELECTOR SIG URE ELECTOR SIGNATURE
ELECTOR PRINTED NAME ELECTOR PRINTED NAME
ADDRESS OF ELECTOR RESIDENCE ADDRESS OF ELECTOR RESIDENCE
I G-14 k-)
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 1A day of 200,•5
OFFICIAL SEAL
LISA K SMITH '
NOTARY PUBLIC STATE OF ILLIN N TARY PUBLIC
FormslAnnexation AgreementslPetition to City for Annexation:dooYCOMMISSION EXP.MAR.23,2006
Revised 12122/2003
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 day of 2004.
ELECTOR SIGNATURE ELECTOR SIGNATURE
�/CTOR 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
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_ cl J11 day of > b 200,:.
DSO Y PUBLIC
FormslAnnexation AgreementslPetition to City for Annexation.doc /
Revised 12/22/2003
— — :::STAITH
IAL SEAL -
NOTARY PUMYCOMMIN EXT
E OF ILLINOIS
MAR.23,2006