HomeMy WebLinkAbout05-318 - Original Ponds of Stony Creek - RLF, Gathman, Cornelison Parcels Resolution No. 05-318
RESOLUTION
AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT
(Residential Land Fund I, Gathman and Cornelison Parcels)
WHEREAS,the owners of record of certain territory described in the Annexation Agreement
dated November 9, 2005, attached hereto as Exhibit A and made a part hereof by reference, desire
annexation of said territory to the City of Elgin; and
WHEREAS, said territory is not a part of any other municipality; and
WHEREAS,the corporate authorities of the City of Elgin desire to annex said territory upon
certain terms and conditions; and
WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a
public hearing has been held after due notice as required by law and all persons appearing and
wishing to testify concerning the proposed annexation agreement have been heard; and
WHEREAS,it is the considered opinion of the corporate authorities of the City of Elgin that
it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized
and directed to execute on behalf of the City of Elgin the Annexation Agreement dated November 9,
2005 in the form attached hereto as Exhibit A and incorporated herein by reference.
Section 2. That this resolution shall be effective from and after its passage as provided by
law.
s/Ed Schock
Ed Schock, Mayor
Presented: November 9, 2005
Adopted: November 9, 2005
Vote: Yeas: 5 Nays: 2
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
The Residential Land
Fund
Gathman and
Cornelison Parcels
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11/3/05
ANNEXATION AGREEMENT
Residential Land Fund I, Gathman and Cornelison Parcels
THIS AGREEMENT made and entered into this 9th day of November, 2005, by and
between THE CITY OF ELGIN, ILLINOIS, a municipal corporation of the Counties of Cook
and Kane, in the State of Illinois (the "City"), (1) CAROLYN M. GATHMAN, as Trustee of
the Declaration of Trust Agreement No. 202 of Carolyn M. Gathman dated March 13, 2001 and
ROBERT B. GATHMAN, as Trustee of the Declaration of Trust Agreement No. 201 of
Robert B. Gathman dated March 13, 2001, each as to an undivided one-half (1.2) interest
("Gathman"), (2) MONA L. CORNELISON, Trustee under Declaration of Trust executed by
Mona L. Cornelison and dated the 30th dayof December, 1997 and Successor Trustee under
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Declaration of Trust executed by Stanley L. Cornelison and dated the 30th day of December,
1997 ("Cornelison"), and (3) THE RESIDENTIAL LAND FUND I, L.P., a Delaware limited
partnership ("Developer"), (Gathman, Cornelison, and the Developer being hereinafter referred
to individually as an "Owner" or in the aggregate as the "Owners").
WHEREAS, (1) Gathman is the owner of record of the real property described as the
"Gathman Parcel" on Exhibit "A" attached hereto and incorporated herein by this reference, (2)
Cornelison is the owner of record of the real property described as the "Cornelison Parcel" on
Exhibit "A", and (3) Developer is the owner of record of the real property described as the
"RLF I Parcels" on Exhibit "A" ( the Gathman Parcel, the Cornelison Parcel, and the RLF I
Parcels being hereafter referred to in the aggregate as the "Subject Property"); and
WHEREAS, Developer is the successor in interest to NATIONAL BANK AND TRUST
COMPANY OF SYCAMORE TRUST NO. 40-412900 with respect to that portion of the RLF I
Parcels described on Exhibit A as PARCEL 1 (Also known as Stony Creek East); and
WHEREAS, Developer is the successor in interest to ROBERT W. SILTESTROM and
BARBARA SILJESTROM with respect to that portion of the RLF I Parcels described on Exhibit
A as PARCEL 2 (Also known as Spring Creek Farm); and
WHEREAS, Developer is the successor in interest to GLENWOOD SCHOOL FOR
BOYS, an Illinois not-for-profit corporation with respect to that portion of the RLF I Parcels
described on Exhibit A as PARCEL 3 A. (Also known as Stony Creek West); and
WHEREAS, Owners desire to annex the Subject Property to the City upon terms and
conditions recited in this Agreement so that the Subject Property may thereafter be developed
and improved by Developer in accordance with the terms hereof, and
WHEREAS, Owners, after full consideration, recognize the many advantages and
benefits resulting from the annexation of the Subject Property to the City; and
WHEREAS, the Subject Property is not included within the corporate limits of any
municipality; and
WHEREAS,the Subject Property constitutes territory which is contiguous to and may be
annexed to the City as provided in Article 7 of the Illinois Municipal Code (65 ILCS 5l7-1-1 et
seq., 1993); and
WHEREAS, the Subject Property is located within the (i) South Elgin Countryside,
(ii)Pingree Grove, and (iii) St. Charles Countryside Fire Protection Districts, and whereas each
of the Trustees of said Districts 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
Kane County Recorder; and
WHEREAS, the Subject Property is located within Campton and Plato Townships, and
whereas the Township Commissioners of Highways and each of the Trustees of said Townships
were notified in writing by certified or registered mail at least ten (10) days in advance of any
action taken with respect to the annexation of the Subject Property; and
WHEREAS, 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, after due and careful consideration, have
concluded that the annexation of the Subject Property to the City on the terms and conditions
hereinafter set forth is in the best interests of the City; and
WHEREAS, pursuant to notice as required by statute and ordinance public hearings
were held by the Planning and Development Commission and the Zoning and Subdivision
Hearing Board, as applicable, of the City on the requested zoning of the Subject Property.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as
follows:
1. This Agreement is made pursuant to and in accordance with the provisions of
Section 11 of the Illinois Municipal Code (65 ILCS 5111-15.1-1 et seq., 1991), and in the
exercise of the home rule power of the City.
2. The Corporate Authorities, within 30 days following: (a) the execution of this
Agreement, (b) the receipt of current title reports verifying the owner of record of the Subject
Property by the City Clerk, (c) the filing of Owners' Petitions for Annexation in form and
substance as required by law, and (d) the receipt by the City of one or more Plats of Annexation
("Annexation Plat") covering the Subject Property conforming to the requirements of law and in
recordable form, shall (x) pass one or more ordinances ("Annexation Ordinances") annexing
the Subject Property to the City and (y) promptly thereafter record with the Kane County
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Recorder the Annexation Plat and the Annexation Ordinances. The Annexation Plats for the
Annexation Ordinances shall be in the form of Exhibit "B" attached hereto and incorporated
herein by this reference. By agreement of the parties, the annexation of the Subject Property
may occur in one of more phases more than thirty (30) days following the occurrences noted in
the foregoing subparagraphs (a)through(d).
3. A. Immediately after the passage of the ordinances annexing the Subject
Property, as provided in Paragraph 2 hereof, the Corporate Authorities shall pass or adopt the
following ordinances and resolutions:
1. As to the Gathman Parcel:
a. an ordinance zoning -the Gathman Parcel in the PSFR2 Planned
Single Family Residence District in the form attached hereto in
Group Exhibit "C" attached hereto and incorporated herein by
this reference; and
b. a resolution waiving the right of the City during the term of this
Agreement to annex the balance of the real estate adjacent to the
Gathman Parcel of which Gathman is the current record owner,
such balance of the Gathman Parcel being legally described in
Exhibit I hereto, under any applicable provision of the Illinois
Municipal Code without the written consent of the then record
owner of such real estate.
2. As to the Cornelison Parcel:
a. an ordinance zoning that portion of the Cornelison Parcel shown in
Exhibit "D" (being the Zoning Plat prepared by Henderson and
Bodwell, L.L.P. , dated July 27, 2004, last revised October 10,
2005) in the PAB Planned Area Business District in the form
attached hereto in Group Exhibit "C"; and
b. an ordinance zoning that portion of the Cornelison Parcel shown in
Exhibit "D" in the PSFR2 Single Family Residence District in the
form attached hereto in Group Exhibit "C".
3. As to the RLF I Parcels:
a. an ordinance zoning those portions of the RLF I Parcels shown in
Exhibit "D" in the PSFR2 Planned Single Family Residence
District in the form attached hereto in Group Exhibit "C";
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b. an ordinance zoning those portions of the RLF I Parcels shown in
Exhibit "D" in the PCF Planned Community Facility District in
the form attached hereto in Group Exhibit "C"; and
C. resolutions approving the Preliminary Plat of Subdivision for that
portion of the RLF I Parcels known as Stony Creek East prepared
by Henderson and Bodwell L.L.P., dated July 7, 2004, last revised
October 10, 2005, attached hereto and incorporated herein by this
reference as Exhibit "E-1" and the Preliminary Plat of
Subdivision for that portion of the RLF I Parcel known as Stony
Creek West prepared by Henderson and Bodwell L.L.P., dated
July 7, 2004, attached hereto and incorporated herein by this
reference as Exhibit"E-2".
In the event the annexation of the Subject Property is in one or more phases the foregoing zoning
ordinances and the resolution approving the Preliminary Plat of Subdivision shall also be
adopted in phases as the Subject Property is annexed into the City of Elgin.
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 applicable to the portion of the
Subject Property in question. Engineering for the Subject Property and the development
contemplated herein shall be in substantial accordance with the Preliminary Engineering Plans
for Stony Creek East prepared by Henderson and Bodwell L.L.P., dated July 27, 2004, last
revised October 10, 2005, and for Stony Creek West prepared by Henderson and Bodwell L.L.P.,
dated July 27, 2004, last revised May 16, 2005, attached hereto and incorporated herein by this
reference as Exhibits "F-1"(Stony Creek East) and "F-2 " (Stony Creek West) with such
further revisions to Exhibit F-1 as noted in Exhibit "F-3" attached hereto (Exhibits F-1 and F-2
and F-3 being hereinafter referred to as the "Preliminary Engineering Plans"). The City and
the Developer agree to act in good faith in making reasonable modifications to any 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 in question and do not increase the total number of
dwelling units which may be constructed on the Subject Property as contemplated in such
Preliminary Plat of Subdivision. The parties agree that changes to the approved planned
development set forth in Section 19.60.200 of the Elgin Municipal Code may be approved by the
City's Development Administrator without public hearings and without formal amendment to
this Agreement.
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D. Developer shall be allowed to seek final approval for the subdivision of
portions of the Subject Property as depicted in each 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
various components of the Subject Property as 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) each approved Preliminary Plat of Subdivision and the
Preliminary Engineering Plans, and (iv) the terms and conditions of this Agreement. If a final
plat or final engineering plan is not approved, the City shall notify Developer in writing without
unreasonable delay in what ways such plat or plan is not in conformity with the applicable
approved preliminary plat or other applicable requirements set forth herein.
E. Developer shall be responsible for the 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 j
in accordance with applicable City ordinances and requirements and as are depicted on the
Preliminary Engineering Plans for the Subject Property attached hereto as Exhibits "F-111, "F-
2" and F-3. 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 facilities, and storm water
management facilities as the City may reasonably require based upon generally accepted
engineering standards. Adequate security as provided by law shall also be furnished by
Developer for any such improvements. Developer shall dedicate to the City, and, the City shall
accept, all municipal utility easements, including water, sanitary sewer, and storm sewer
easements to detention/retention facilities, if any, included in each phase of the project and shall
also grant easements to applicable utility companies for gas, electric, telephone, and cable
television; all of such easements and facilities shall be consistent with the City ordinances and
practices regulating condition,placement, use and size of easements.
F. As a part of annexation of the Subject Property, the City shall annex all
adjacent roads which are not within the corporate limits of any municipality to the far side
thereof, including McDonald Road, Corron Road, Crawford Road, and Silver Glen Road.
Developer at its cost shall be required to make improvements to such adjacent roads annexed by
the City as required by the City Engineer as part of the final engineering approvals.
G. Notwithstanding anything to the contrary in this Agreement, it is agreed
by the parties that the portion of the RLF I Parcel referred to on Exhibit A as Spring Creek Farm
(Parcel 2 thereof) shall be developed with no more than twenty (20) detached single family
residential units.
H. Notwithstanding anything to the contrary in this Agreement, it is agreed
that the Developer shall offer as an option to each home buyer natural planting areas in rear
yards. Attached hereto as Exhibit "N" is a document titled "Rear Yard Planting Options,"
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which shall be the options provided to each home buyer in compliance with the provisions of this
paragraph.
4. A. Notwithstanding anything to the contrary in this Agreement, this
Agreement and each of the parties' obligations hereunder are expressly subject to and contingent
upon: (a) a final and non-appealable approval of an application providing for an amendment to
the Fox River Water Reclamation District Facility Planning Area to include the Subject Property
(hereinafter referred to as the "Subject FPA Amendment"); and (b) either (i) the receipt by the
City of a certified copy of the ordinance annexing the Subject Property to the Fox River Water
Reclamation District ("FRWRD") or (ii) the presentation to the City of a written agreement in a
form acceptable to the City's Corporation Counsel whereunder FRWRD agrees to provide
sanitary treatment services to the Subject Property notwithstanding that the said Subject Property
is not then being currently annexed to FRWRD (such annexation by FRWRD or such agreement
by FRWRD to provide sanitary treatment services to the Subject Property is hereinafter referred
to as "FRWRD's Agreement to Service the Subject Property"). In the event the Subject FPA
Amendment and FRWRD's Agreement to Service the Subject Property does not occur within
thirty-six (36) months of the date of this Agreement then either party, upon written notice to the
other party, may elect to terminate this Agreement and thereupon this Agreement shall be null
and void and of no further force and effect. In the event this Agreement is so terminated and the
Subject Property has previously been annexed into the corporate limits of the City of Elgin the
Subject Property shall to the extent permitted by law be disconnected from the City of Elgin.
B. The parties acknowledge that Developer has previously caused to be filed
with the Northeastern Illinois Planning Commission and the Illinois Environmental Protection
Agency an application entitled "Elgin Southwest FPA Addition Northeastern Illinois Planning
Commission Water Quality Management Plan Amendment Application" dated June 2005,
submitted August 2005 which seeks to include the Subject Property and other property within
FRWRD's Facility Planning Area (the "Subject FPA Amendment Application"). All costs for
the Subject FPA Amendment Application shall be paid by the Developer subject to recapture as
provided in this Agreement.
C. 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 or other construction permits or approvals shall be approved or issued for the Subject
Property unless and until the occurrence of(i) the Subject FPA Amendment and (ii) annexation
to FRWRD or FRWRD's Agreement to Service the Subject Property.
5. Owner represents that off-site utility easements required to service the Subject
Property are described on Exhibit "G". The City agrees that in the event Owner is unable to
obtain said utility easements over, under, across, or through property not owned by the City or
under the City's control which may be necessary or appropriate for the development of the
Subject Property at a cost and on conditions acceptable to Owner, the City shall use, to the full
extent permitted by law, its eminent domain power to secure all easements. Prior to
commencing any condemnation action, Owner shall submit for City review and approval written
documentation demonstrating that Owner has pursued reasonable alternatives for the acquisition
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of such easements, and Owner shall deposit with City the amount of funds necessary to pursue
eminent domain action. All such actions and acquisitions by the City shall be at no cost to the
City, which costs shall be borne solely by the Owner. The City shall issue no building permits
until the required utility easements have been secured and recorded.
6. A. Except as otherwise expressly set forth herein, Owners and Developer shall
comply with the Elgin Municipal Code ("EMC") Title 17--Development Impact Fees, as
amended, and pay the fees when due as required therein.
(i) Notwithstanding the foregoing, Owners and Developer shall pay to the
City a school district capital improvement contribution and a school district
transition fee in the amounts set forth in the chart attached hereto as Exhibit "H"
in lieu of the school district capital improvement development impact fee
provided for in Elgin Municipal Code Section 17.04.010 and Owners and
Developer shall pay to the City a library district capital improvement contribution
in the amount set forth in 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, school district transition fee and
library district capital improvement contribution shall be paid on a per-unit basis
(per residential unit)prior to or concurrent with the issuance of a building permit.
(ii) Owners and Developer shall also comply with City of Elgin
Ordinance No. G2-02 and shall pay to the City the park capital improvement
contribution as required therein. Such fee shall be paid on a per unit basis (per
single family residence or townhome unit) prior to or concurrent with the issuance
of a building permit.
(iii) With respect to the development of Stony Creek East, Stony Creek
West, and Spring Creek Farm, Developer further agrees to pay to the City a
Public Safety Contribution in the amount of$3,161.22 per single family residence
or townhome unit in lieu of the Public Safety Building Capital Improvement
Contribution provided for in City of Elgin Ordinance No. G3-02; this fee is in lieu
of the Public Safety Building Capital Improvement Contribution shown on
"Exhibit H". Any development of the Gathman Parcel and the Cornelison Parcel
shall be subject to the payment provided on Exhibit "H", including the Public
Safety Building Capital Improvement Contribution set forth therein. Such fee
shall be paid on a per unit basis (per single family residence or townhome unit)
concurrent with the issuance of a building permit. Such fee may be utilized by the
City for any public purpose as determined by the City in its sole and absolute
discretion.
Developer and Owners hereby represent and agree that Developer and Owners are paying
the fees and contributions to the City provided for in this paragraph 6 and in this Agreement as
an inducement to the City to annex the Subject Property. Developer and Owners further agree
that the contemplated fees and cash contributions to the City for the improvements or
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undertakings which may ultimately be constructed or performed 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 or undertakings contemplated by such fees and cash contributions will not
otherwise be anticipated by the City, the school district, or the library district absent the
annexation of the Subject Property. Developer and Owners on behalf of themselves and their
successors, assigns and the grantees of their properties, further hereby acknowledge the
propriety, necessity, and legality of the fees and contributions provided for in this paragraph and
this Agreement and do further hereby agree and do waive any and all rights to any and all legal
or other challenges or defenses to the fees and contributions provided for in this paragraph and in
this Agreement and hereby agree and covenant on behalf of themselves and their successors,
assigns and grantees of their properties, not to sue the City or maintain any other legal action or
defense against the City with respect to such fees and contributions.
B. It is agreed and understood that Developer will not be providing additional
improvements to the neighborhood parks and therefore will not be receiving any credit towards
the park capital improvement contribution.
C. The calculation of the City's impact fees under current ordinances is
attached hereto as Exhibit "H". With respect to the development of Stony Creek East, Stony
Creek West, and Spring Creek Farm, increases, if any, to such impact fees and contributions
listed in Exhibit H shall not exceed the lesser of(i) actual percentage increases by the City in the
amount of impact fees and contributions or (ii) three percent (3%) annual increases. Nothing
herein prevents the Developer from prepaying any impact fees in order to avoid subsequent
impact fee increases. Notwithstanding the foregoing or anything to the contrary in this
Agreement, it is agreed and understood that, with the sole exception of the limitations on the fees
listed in Exhibit H provided for in this paragraph, the Subject Property and the Owners and
Developer and their successors and assigns shall be subject to and shall be required to pay any
and all new and/or increased fees or other contributions adopted by the City. Owners and
Developer on behalf of themselves and their successors, assigns and the grantees of their
properties, hereby acknowledge the propriety, necessity and the legality of any such new and/or
increased fees or other contributions and do hereby further agree and do waive any and all rights
to any and all legal or other challenges or defenses to any such new and/or increased fees and/or
contributions and hereby agree on behalf of themselves and their successors, assigns and
grantees of their properties not to sue the City or maintain any legal action or other defense
against the City with respect to any such new and/or increased fees and/or contributions.
7. Developer agrees that, except as otherwise specifically set forth below in this
Agreement or in any of the Preliminary Plats of Subdivision attached hereto as Exhibits "E-1"
and "E-2", or in any other exhibit incorporated in this Agreement, the Subject Property shall be
developed in conformance with the open space policies included in the Elgin Comprehensive
Plan as it relates to the City's Far West Planning Area, and is incorporated herein by reference.
The City finds that the Preliminary Plats of Subdivision attached hereto as Exhibits "E-1" and
"E-2" satisfy the intent of the Far West Planning Area policies.
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8. Unless said areas are to be dedicated for public ownership and maintenance at the
City's request, Owner shall cause all portions of Subject Property depicted on a Preliminary Plat
of Subdivision as wetlands, screening berms and entry ponds, common open space area, storm
water retention areas, and dry detention areas either to be retained by Owner or to be conveyed to
a Property Owners Association or associations consisting of the owners of all property located in
areas designated by Owner. A Declaration or Declarations of Covenants, Conditions and
Restrictions requiring that the Association or associations own and maintain areas conveyed
thereto shall be submitted to City for review and approval prior to final plat approval, said
Declaration to be filed for recording, at Owner's expense, with the final plat of the applicable
phase of Subject Property as Owner may determine.
9. Except as specifically permitted pursuant to (i) any contrary provision contained
in this Agreement or in any exhibit incorporated herein, (ii) variation or planned development
approval, or (iii)Paragraphs 10 and 11 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. Notwithstanding
anything to the contrary in this agreement, it is agreed that the City will not require the
Developer to place chimney seals on storm sewer structures and watermain valve vaults.
10. If during the term of this Agreement, 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. Notwithstanding anything to the contrary in this agreement, the City agrees
that any ordinance hereinafter adopted by the City which requires fire sprinkler system
installation in single family residences shall not apply to the development on the Subject
Property during the first five(5)years following the recording of the first final plat of the Subject
Property unless such City ordinance is a result of a mandate of a federal or state governmental
unit having authority over such subject matter. Developer agrees to offer fire sprinkling systems
as an option for each home buyer.
11. 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.
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12. Subject to the provisions of Paragraph 59 of this Agreement, 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 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. The City covenants and
agrees that, in reviewing and approving final engineering plans as part of the installation of any
off-site utilities for the development of the Subject Property as contemplated in this Agreement
and the exhibits incorporated herein, it shall not depart from the preliminary engineering design
as approved as part of any preliminary off-site engineering plans submitted to the City in
connection with the Preliminary Plats of Subdivision attached hereto as Exhibits "E-1" and "E-
2"
13. Subject to the provisions of Paragraph 60 of this Agreement, 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 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 Engineering Plans approved
by the City Engineer for each phase of the development. The City hereby authorizes the
Developer to utilize outside contractors approved by the City to do watermain taps in the event
the City lacks the manpower to schedule the watermain taps within five (5) days of the request
by the Developer. In the event the Developer is authorized by the City to utilize such outside
contractors to perform such watermain taps, the Developer will be given a$600 credit off the tap
on fees when such service is not performed by the City.
14. 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.
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15. Developer and Owners shall comply with City of Elgin Ordinance No. G 20-03
establishing a policy for the Far West Area for Development Contributions for Roadways and
shall pay such contributions to the City when due as required therein, which the City
acknowledges is currently $1,915.80.per dwelling unit. Developer and Owners hereby represent
and agree that they are contributing such roadway improvement contributions to the City as an
inducement to the City to annex.the Subject Property. Developer and Owners 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. Developer
and Owners 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 and defenses thereto. Developer and Owners do hereby further agree and
covenant on behalf of themselves, and their successors, assigns and grantees of their properties,
not to sue the City or maintain any other legal action or defense against the City with respect to
such fees and contributions. Said contribution shall be paid on a per unit basis (per residence or
nonresidential building) 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 and Owners shall not be subject to any further
impact fees or contributions for the Subject Property from the City for road impact fees.
16. All residential structures to be constructed on the Subject Property shall be
designed and constructed in conformance with the Architectural Guidelines attached hereto as
Exhibit "J" and with the private covenants referred to in Paragraph 8 hereof. Such architectural
guidelines shall be incorporated into the private covenants referred to in paragraph 8 hereof. The
private covenants may be modified or amended by the Owners of the Subject Property, but, as to
amendments or revisions affecting house design issues (including, but not limited to, lot size,
square footage of buildings, building elevations, building materials or garage design) such
amendments or revisions shall require the prior approval of the City Council of the City but shall
not require an amendment of this agreement. Building materials for all residential or
nonresidential structures to be constructed on the Subject Property shall be in conformance with
such Architectural Guidelines and in conformance with the building and material provisions in
the Elgin Comprehensive Plan for the Far West Planning Area.
For all purposes of this Paragraph 16, the following modifications shall be deemed to be
in compliance with the provisions of the planned development ordinances covering the Subject
Property: (a) increase or reduction in size of residence by ten percent (10%) or less; (b) increase
or reduction in amount of specified building material (e.g. amount of brick) by ten percent (10%)
or less; and (c) moving within the same elevation (but not eliminating) architectural features,
including but not limited to windows, doors, dormers, columns, and shutters, provided such
reductions do not fall below the minimums, if any, established by the Far West Area Plan as it
exists on the date of this Agreement.
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17. This Agreement shall be enforceable in any court of competent jurisdiction by any
of the parties or by an appropriate action at law or in equity to secure the performance of the
covenants herein contained. Notwithstanding the foregoing, no action shall be commenced by
the Owners and/or the Developer and any of their successors, assigns and/or the grantees of their
properties against the City for monetary damages.
18. This 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. Upon the expiration
of the term of this Agreement (a) this Agreement shall be of no further force or effect, (b) the
zoning classifications granted the Subject Property pursuant to Paragraph 3 hereof shall remain
in full force and effect unless and until amended by ordinance adopted by the City pursuant to
rezoning procedures then in effect, and (c) the development of the remainder of the Subject
Property shall proceed in accordance with all applicable ordinances then and thereafter in effect
in the City of Elgin. The provisions of this Paragraph 18 shall survive the expiration of this
Agreement.
19. Developer 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.
20. If any provision of this Agreement is held invalid by a court of competent
jurisdiction or in the event such a court shall determine that the City does not have the power to
perform any such provisions, such provisions shall be deemed to be excised herefrom and the
invalidity thereof shall not affect any of the other provisions contained herein. Such judgment or
decree shall relieve the City from performance under such invalid provision of this Agreement.
21_. This Agreementg any Y
can be amended in writing, attime b the mutual consent of
all parties to this Agreement, in the manner provided by law. Notwithstanding the foregoing, if
any portion of the Subject Property is sold, then only the signatures of(i) the owner of record of
that particular portion and (ii) the City shall be required to amend this Agreement as to the
portion so sold.
22. The City agrees that following the Subject FPA Amendment and the Annexation
of the Subject Property to FRWRD or FRWRD's Agreement to Service the Subject Property, and
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.
23. In addition to any other limitation on the fees that the City may impose, the City
agrees that there shall be no unreasonable or discriminatory increases or changes in the method
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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.
24. After the annexation of the Subject Property to the City, it is agreed that the City
shall create and establish a Special Service Area for the Subject Property pursuant to 35 ILCS
200/27-5, et seq., as amended, to provide the City with the source of revenue for maintaining,
repairing, reconstructing or replacing the stormwater drainage system, detention and retention
areas, special management areas, or other improvements located on any common area located
within 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.
Owners and Developer on behalf of themselves and 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. Except to the extent as otherwise required by the Kane County stormwater
ordinance or other applicable requirements of law, the provisions of this paragraph shall not
apply to the Gathman Parcel.
25. The Open Space Parcels, as identified on the Open Space Map attached hereto as
Exhibit "K", shall be developed by the Developer in accordance with the applicable Preliminary
Plat of Subdivision. The Developer shall convey the Open Space Parcels to the following
entities:
Entity Open Space Parcel
City of Elgin Stony Creek East Parcels P-OS2 and P-OS8
Stony Creek West Parcels N-OS6 and W-OS4
Forest Preserve District of Stony Creek West Parcel F-OS2 and
Kane County Spring Creek Farm Parcel F-OS 1
Applicable Homeowners Association Stony Creek East Parcels P-OS 1 and
P-OS3 to 7
Stony Creek West Parcels N-OS 1 to 5,
W-OS 1 to 3 and E-OS 1 to 5
Notwithstanding the foregoing, in the event the above-referenced conveyances to the
Kane County Forest Preserve District cannot, in Developer's sole and exclusive discretion, be
arranged, the subject open space parcels shall be conveyed to such entity or agency as the City
and Developer shall mutually determine.
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26. 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.
27. Except as may be required pursuant to the Kane County stormwater management
ordinance, the City shall not issue 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..
28. The City agrees to issue, within a reasonable, time after initial submission by
Developer of a permit application and associated building construction plans, and the payment of
required building permit fees and all other applicable fee) 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 29 hereof.
29. 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.
30. A. 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
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which, in the opinion of the City Engineer, and in accordance with the ordinances of the City, 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. A one (1) year warranty
period bonding or a suitable alternative (such as an irrevocable letter of credit or a cash deposit)
shall be provided in accordance with ordinances of the City.
D. It shall be a condition to the City's obligation to accept dedication of any
public improvement that the dedication of such improvement be accompanied by the grant of
appropriate easements to permit the City to carry out its responsibilities with respect to such
improvements.
E. It shall be a condition to the granting of any easement required to be
granted pursuant to any provision of this Agreement that the grantee shall agree that, in the event
of any use of such easement for construction or maintenance of the facility for which such
easement was granted, (1) the grantee shall restore the property to substantially the same
condition as existed prior to such construction or maintenance, and (2) the grantee, its agents,
employees, or contractors shall hold the grantor and his or its successors in interest harmless
from any third party claims for personal injury or property damage which arise or result from the
activities of the grantee in connection with such construction or maintenance.
31. Intentionally Omitted.
32. The parties hereto agree that there has been taken all action required by law,
-including the holding of such hearings as may be required, to bring about the amendments to the
Zoning Ordinance of the City and other related ordinance amendments as may be necessary or
proper in order to zone and classify the Subject Property so as to enable the same to be used and
developed as contemplated herein and to enable the parties to execute this Agreement and fully
carry out the covenants, agreements, duties, and obligations created and imposed by the terms
and conditions hereof.
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33. A. The City agrees to enter into a recapture ordinance(s) with the Developer to
collect from the owner or owners of benefitted 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) The regional off-site sanitary sewer, if constructed by the Developer;
(ii) The Off-Site Water Main referenced in Paragraph 59 of this Agreement, if
constructed by the Developer.
(iii) The cost incurred by Developer to add the benefitted properties to the
Facilities Planning Area of FRWRD, such cost to be prorated on a per-
acre basis among all parcels (including the Subject Property) included in
the application to amend such Facilities Planning Area.
B. Each recapture ordinance shall provide for interest from the time any such
improvements are completed and accepted by the City, at the market rate prevailing at the time
the recapture ordinance is entered. In any such recapture ordinance, the City shall determine the
benefitted properties and the amount subject to recapture for such benefitted off-site properties
on a cost-benefit basis acceptable to the City and Developer. Any obligations of the City under
such recapture ordinances 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
benefitted 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. Anything herein contained to the contrary notwithstanding, the City and
Developer covenant and agree that (i) the Gathman Parcel and the balance of the real estate
adjacent to the Gathman Parcel of which Gathman is the current record owner legally described
in Exhibit I and (ii) the Cornelison Parcel shall be deemed exempt from any recapture ordinance
relating to the cost of construction of any sanitary sewer lines, storm sewer lines, and municipal
water mains installed by Developer which may serve such property but shall not be exempt from
any recapture ordinance relating to the cost of adding such properties to the Facilities Planning
Area of FRWRD.
D. The city agrees to reimburse the Developer for that portion of the costs of
water mains installed by the Developer in excess of twelve inches (12") pursuant to the city's
water main reimbursement policy.
34. 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
16
location within each portion of the Subject Property where all p � p rty construction and material storage
trailers other than the trailers for the sales office shall be located. The Developer shall be
permitted: (a) two (2) sales trailers, two (2) construction trailers, and four (4) material storage
trailers for the development of that portion of the RLF I Parcels referred to on Exhibit A as Stony
Creek East; (b) five (5) sales trailers, five (5) construction trailers, and ten (10) material storage
trailers for the development of that portion of the RLF I Parcels referred to on Exhibit A as Stony
Creek West; and (c) one (1) sales trailers, one (1) construction trailer, and two (2) material
storage trailers for the development of that portion of the RLF I Parcels referred to on Exhibit A
Spring Creek Farm. The Developer shall have the right to use the sales, construction, and
material storage trailers for the purpose of its construction and sales activities until construction
is completed on the Subject Property. The Developer shall keep such area free of debris and
rubbish and keep the area free of weeds and in a mowed condition, and the City may inspect
such area from time to time to determine that Developer is in compliance with its obligations
hereunder.
B. Construction of temporary facilities shall be in compliance with the
provisions of the City's building code, except that sewer and water need not be connected to the
temporary facilities. Paved drives and parking areas (weather permitting) shall be provided to
accommodate vehicular access to all temporary sales trailers/office facilities. Developer agrees
to hold the City harmless for any liability associated with the installation and operation of any
temporary facilities.
35. 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, Developer shall be permitted at Developer's sole risk: (a) to
construct and maintain (i) one (1) model home area consisting of seven (7) model homes and
associated sales office("Model Areas") for the development of that portion of the RLF I Parcels
referred to on Exhibit A as Stony Creek East, (ii) five (5) Model Areas for the development of
Parcel that portion of the RLF I Parcels referred to on Exhibit A as Stony Creek West, and
(iii) one (1) Model Area for the development of that portion of the RLF I Parcels referred to on
Exhibit A Spring Creek Farm; (b) to construct and maintain other appurtenant facilities for each
such Model Area, including a ten (10) x twenty (20) 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 (c) 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 applicable Model Area 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. Developer shall have the right to occupy and use said models,
as well as their garages, for sale, sales promotions and offices for sales personnel, all as may be
desirable or in any way connected with the sales of dwellings on the Subject Property.
17
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 Developer provides temporary sanitary and water 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, 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. 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.
36. Developer shall at all times post in a conspicuous place within each sales office, a
copy of the applicable development plan and a map designating surrounding land uses and public
properties on adjacent lands.
37. Developer shall pay(or reimburse the City for payment of) the disconnection fee,
if any, payable to the (i) South Elgin Countryside, (ii) Pingree Grove, and (iii) St. Charles
Countryside Fire Protection Districts, under the provisions of 70 ILCS 705/20 (e). At the time of
annexation, 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
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 Developer shall equitably
readjust the amount of such payment.
38. 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
18
competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness, or conflict in
terms or provisions, if any, contained herein.
39. Notwithstanding anything to the contra
ry contained in Paragraph 17 of this
Agreement, it is agreed that the parties hereto shall have the following rights and remedies in the
event of a breach or default hereunder.
(a) enforce or compel the performance of this Agreement, at law or in equity
by suit, action, mandamus, or any other proceeding, including specific
performance;
(b) maintain an action to recover any sums which the other party has agreed to
pay pursuant to this Agreement and which have become due and remain
unpaid for more than 15 days following written notice of such
delinquency.
It is expressly acknowledged and agreed that except as provided in Subparagraph (b)
above, neither party shall have the right to seek or recover a judgment for monetary damage
against the other or their respective officers, directors, employees, agents, or elected public
officials.
40. This Agreement is adopted pursuant to the provisions of the Illinois Municipal
Code; provided, however, that any limitations in the Illinois Municipal Code in conflict.with the
provisions of this Agreement shall not be applicable, and as to all such provisions the City
hereby exercises its powers pursuant to the provisions of Article VII, Section 6 of the
Constitution of the State of Illinois. Simultaneously with the annexation of the Subject Property
and without further public hearings, the City agrees, to the extent it may lawfully do so, to adopt
such ordinances as may be necessary to effectuate the use of its home rule powers. The 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 18 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.
41. 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.
42. Except as otherwise provided herein, it is understood and agreed by the parties
hereto that:
19
(a) upon the sale and conveyance of any portion of the Subject Property by
the originally named "Owner" to "Developer", the terms "Owner" and
"Developer" shall be deemed to be synonymous for all purposes of this
Agreement; and
(b) in the event all or any portion of the Subject Property is sold or conveyed
at any time during the term of this Agreement, all of the obligations and
responsibilities of the Owner/Developer deriving from this Agreement for the
parcel sold or otherwise conveyed shall devolve upon and be assumed by such
purchaser or grantee, and Owner/Developer as herein defined shall be released
from all obligations of Developer which relate to the sold portion of the Subject
Property upon same being sold or conveyed.
43. Notices or other writings which any party is required or may wish to serve upon
any other party in connection with this Agreement shall be in writing and shall be delivered
personally or sent by registered or certified mail, return receipt requested, postage prepaid, or by
a nationally recognized overnight courier, prepaid, addressed as follows:
If to the City or to the Corporate Authorities:
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Attention: City Clerk
With a copy to: City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Attention: Corporation Counsel
If to Developer: The Residential Land Fund I, L.P.
1301 West 22nd Street, Suite 201
Oak Brook, Illinois 60523
Attn: Dennis A. Cortesi
With a copy to: Wayne Rodgers
c/o Terrestris Development Company
1301 West 22nd Street, Suite 201
Oak Brook, Illinois 60523
and
20
Richard L. Heimberg, Esq.
Brady&Jensen LLP
2425 Royal Boulevard
Elgin, Illinois 60123
If to Gathman: Carolyn Mae Gathman
40W054 McDonald Road
Elgin, Illinois 60123
James D. Skaar, Esq.
Attorney at Law
220 South Third Street
Geneva, Illinois 60134
If to Cornelison: Mona L. Cornelison
40W693 McDonald Road
Elgin, Illinois 60123
With a copy to: Leo Cinquino, Esq.
Righeimer Martin& Cinquino P.C.
20 North Clark Street, Suite 1900
Chicago, Illinois 60602
44. If the Subject Property, or portions thereof, are currently used for the planting,
harvesting, housing, storage, and selling of soil grown crops, or the boarding of horses, 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, or the boarding of horses, 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.
45. 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.
46. 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. It is further
understood and agreed that the successful consummation of this Agreement and the development
of the Subject Property is in the best interests of all the parties and requires their continued
cooperation. The City, Owner, and Developer shall do all things necessary or appropriate to
carry out the terms and provisions of this Agreement and to aid and assist each other in carrying
21
out the terms and objectives of this Agreement and the intentions of the parties as reflected by
said terms, including, without limitation, the giving of such notices, the holding of such public
hearings, the enactment by the City of such resolutions and ordinances, and the taking of such
other actions as may be necessary to enable the parties' compliance with the terms and provisions
of this Agreement and the intentions of the parties as reflected by said terms. The City, Owner,
and Developer shall act in good faith, reasonably and promptly, with respect to all consents,
approvals, and actions required or requested of it or taken by it hereunder or in connection with
the development of the Subject Property. Whenever any approval, discretion, or consent of the
City or of any of its departments, officials, or employees is called for under this Agreement, the
same shall not be unreasonably withheld, delayed, conditioned, or exercised.
47. This Agreement shall insure to the benefit of, and be binding upon, the parties
hereto, the successors in title of the Owners and Developer, and each of them, their respective
successors, grantees, lessees, and assigns, and upon successor corporate authorities of the City
and successor municipalities.
48. 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.
49. This Agreement constitutes a covenant running with the land composing the
Subject Property, binding upon the parties hereto, the successors in title of Developer and
Owners and each of them, all grantees, successors, and assigns of the respective parties hereto,
including successor corporate authorities and successor municipalities of the City. The City may
record a Memorandum of Annexation Agreement placing of record the terms, provisions and
obligations of this Agreement.
50. 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.
51. Except as specifically provided in Section 4A hereof, the Owners and/or the
Developer and any of their 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 during the term of this Agreement. Without limiting the foregoing, except as specifically
provided in Section 4A hereof, the Owners and the Developer on behalf of themselves and any
of their successors in interest hereby waive any and all rights, statutory or otherwise, to
disconnect the Subject Property from the City of Elgin.
52. It is agreed that in the event Owners and/or Developer or any of their successors
in interest, propose to amend any of the zoning ordinances referred to in Paragraph 3 of this
Agreement, then any such proposed rezoning or amendment to such zoning ordinances shall
22
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
or Developer's signature, only the written approval of the legal titleholder of the interest in the
property affected.by the amendment shall be required to effect the initiation of such a proposed
amendment to this Agreement.
53. The City shall provide reasonable cooperation in making temporary access
available to the Subject Property for traffic used in the development and construction of public
improvements and buildings on the Subject Property, including the issuance of temporary curb
cuts from roads within the jurisdiction of the City and the issuance or permits for haul roads and
construction roads, as well as assisting in the obtaining of temporary curb cuts from roads within
the jurisdiction of other governmental bodies or agencies.
54. The City specifically acknowledges that each of Gathman and Cornelison is
executing this Agreement solely for the reason that they, in addition to Developer, are the owners
of record of the Subject Property and may continue to be owner of record of portions of the
Subject Property during the term of this Agreement, even though Developer or another party
may acquire a portion of the Subject Property and may develop such portion. The City further
acknowledges that each of Gathman and Cornelison is not, and does not intend to become, a
developer of the Subject Property although one or more of them may from time to time execute
various documents, such as subdivision plats, applications for utility permits, and the like in
order to comply with rules and regulations applicable to the development of the Subject Property
as well as the provisions of contracts with other parties. In light of the foregoing, the City agrees
that neither Gathman nor Cornelison shall be responsible for the performance of any of the
development related provisions of this Agreement and instead the City shall look solely to the
Developer, or Developer's, Gathman's, or Cornelison's successors and assigns, who are
developers for the performance of such development related provisions of this Agreement. In
the event an Owner of the Subject Property assigns its rights under this Agreement and such
assignee in whole or in part defaults in the performance of this Agreement or any provision
hereof, the City shall look solely to Developer, or Developer's, Gathman's, or Cornelison's
successors or assigns who are developers, as the case may be, for such performance or for
compensation for damages due to the failure of such performance as it related to the portion of
the Subject Property being developed.
55. The City acknowledges and agrees that, in the interpretation and implementation
of this Agreement, the term "Owner" as used herein shall be deemed to apply only with respect
to a particular portion of the Subject Property as to which an individual or entity is the record
title holder or beneficial owner and specifically and expressly agrees that no liability or
responsibility under any provision of this Agreement shall be attributed to an individual or entity
with respect to a portion of the Subject Property as to which such individual or entity has no
legal or beneficial interest.
23
i
56. Except as otherwise specifically provided herein, all public improvements
pertaining to the development of the Subject Property shall be constructed in accordance with the
applicable ordinances of the City and other governmental agencies having jurisdiction over the
Subject Property and pursuant to the terms of this Agreement.
57. This Agreement may be amended from time to time in the manner provided by
law by written document executed by the City and Owner, or their respective successors or
assigns, following all other procedures required by law. In furtherance of the foregoing, with the
exception of the Gathman Parcel, a power is hereby granted to Richard L. Heimberg or any
partner in the Brady & Jensen law firm from time to time, as attorney-in-fact, to execute, on
behalf of any and all record title holders other than Owner of any portion of the Subject Property
from time to time after the date hereof, such amendments to this Agreement shall be agreed to
from time to time by and between City and Owner, regardless of the number or subject matter of
such amendments. Unless specifically provided to the contrary in a deed, mortgage, or other
instrument of conveyance, each deed, mortgage, or other instrument with respect to any portion
of the Subject Property, and the acceptance thereof, shall be deemed a grant and
acknowledgment of, and consent to, such power to said attorney-in-fact and shall be deemed to
reserve to him the power to execute such amendments to this Agreement as hereinabove set
forth.
Anything herein contained to the contrary notwithstanding, the power herein granted to
any attorney-in-fact may be revoked or amended in a written declaration of revocation or in a
written declaration of amendment, specifically referring to the power herein granted, signed by
all of the record title holders of all portions of the Subject Property from time to.time, other than
Owner.
58. Wherever a time period exists in this Agreement within which a party is obligated
to perform an act, such time period shall be deemed automatically extended for the period of
unavoidable delay if the party is unable, through no fault of its own, to perform such act in a
timely manner as a result of war, act of God, insurrection, labor unrest, or material shortages.
The inability to pay debts as they become due shall not excuse timely performance hereunder.
59. A. The City has completed construction of the so-called Otter Creek Lift
Station ("Lift Station") and installed an effluent (discharge) line connecting the discharge side of
said Lift Station to the Bowes Road Interceptor Phase II ("BRIS 2") sewer line. The City has
also constructed an additional interceptor sewer ruining parallel to the Bowes Road Interceptor
line and leading from the eastern most terminus of the Bowes Road Interceptor 2 line to the west
treatment of FRWRD at Route 31 and Dana Drive, Elgin, Illinois (hereinafter called
"BRIS 1 B").
B. The City (i) acknowledges that the Lift Station and BRIS 1 B 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
24
the Lift Station, BRIS 2 and BRIS 1B, and all sanitary sewer lines owned by the City which
service the Otter Creek Service Area so as to serve the number of residential units approved by
the City for the project contemplated in the Preliminary Plat of Subdivision.
C. The City acknowledges and agrees that Owner and Developer are
changing their position with respect to the Subject Property and making a substantial investment
in the development of same in express reliance upon the full and faithful performance by the City
of its covenants and agreements as contained in this Paragraph 58
D. The 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
shall be hereinafter collectively called the Otter Creek Lift Station System". Developer and
Owners 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 and Owners on behalf of themselves and their successors, assigns and the
grantees of their properties, further hereby acknowledge the propriety, necessity, and legality of
such reimbursement ordinance and the reimbursements required therein and do further hereby
agree and do waive any and all rights to any and all legal or other challenges or defenses to the
reimbursement ordinance and the reimbursements provided for in this paragraph and hereby
agree and covenant on behalf of themselves and their successors, assigns and grantees of their
properties, not to sue the City or maintain any other legal action or defense against the City with
respect to such ordinance and reimbursements.
E. In the event the offsite sanitary sewer line to be constructed north and east
of the Subject Property is constructed by others, Developer and Owners agree to pay recapture
representing their proportionate share of the cost of such sanitary sewer line.
F. The design, plan review, construction, construction inspection, and
construction administration for any interceptor sanitary sewer to be constructed in conjunction
with the development of the Subject Property, whether off-site or on-site, shall also be in
compliance with the Far West Interceptor Sewers Policy for Inspections and Construction, dated
April 30, 2003, attached hereto and incorporated herein by this reference as Exhibit "L".
60. A. The City represents that (i) there currently exists a fully functionally
potable water supply system sufficient to serve the projects contemplated in the Preliminary Plats
of Subdivision attached hereto as Exhibits "E-V and "E-2", and (ii) a municipal water main
("Off-Site Water Main") is expected to be extended by other developers to a point near the north
boundary line of the Gathman Parcel, as shown on the drawing attached hereto as Exhibit "M".
B. If the Off-Site Water Main has not been extended by other developers to
the boundary of the Subject Property, the City shall permit Developer to extend the Off-Site
Water Main, at Owner's expense, to serve the Subject Property as shown on such Exhibit "M",
such extension to the northerly boundary of the Subject Property being hereinafter called the
25
"Off-Site Water Main" and such extension from the northerly boundary of the Subject Property
to the westerly boundary of the Subject Property following the general route as shown on the
Preliminary Engineering Plan, such extension being hereinafter called the "On-Site Water
Main"). It is the intention of Developer and the City that the On-Site Water Main shall be
developed as part of phase 1 of the projects contemplated in the Preliminary Plats of Subdivision
attached hereto as Exhibits "E-1" and "E-2"; the exact route of the On-Site Water Main shall
be determined in connection with the completion of final engineering plans for such phase 1.
Once completed, Developer shall dedicate pursuant to City ordinances and procedures the
portion of the Off-Site Water Main and the On-Site Water Main so extended by Developer to the
City, which shall accept said dedication and thereafter maintain same as the City's property. If
such offsite watermain is constructed by others, Developer agrees to pay appropriate recapture
representing Developer's proportionate share of such offsite watermain.
C. The payment of water tap-on fees for the projects contemplated in this
Agreement shall be on a per-unit basis at the time of issuance of building permits. From and
after the annexation of the Subject Property to the City and the payment of all applicable fees
and compliance with applicable ordinance requirements, the City shall provide water service to
the Subject Property on a basis comparable to and not less favorable than other similarly zoned
residential properties in the City.
61. The City and Developer agree that all streets within the development
contemplated in this Agreement, other than the extension of the street serving the Glenwood
School for Boys campus north of the most northern east-west public street within that portion of
the RLF I Parcels referred to on Exhibit A as Stony Creek West (which shall be a private street),
shall be publicly owned and maintained. Developer shall not be required to provide any
additional streets, locate any additional streets, collectors or street connections through the
Subject Property, other than as set forth in the Preliminary Engineering Plans. The City agrees to
allow the Owner to construct and extend within the boundaries of the Subject Property, at the
Owner's expense, the utilities of sanitary sewer, storm sewer, and water (the "On-Site Utility
Lines") and to provide for on-site stormwater retention/detention, all in substantial accordance
with the Preliminary Plats of Subdivision attached hereto as Exhibits "E-1" and "E-2". By way
of further clarification, it is agreed that:
(1) Sanitary sewer lines and water mains (but not including sanitary sewer laterals
and water service lines) serving the development contemplated in this Agreement
shall be owned and maintained by the City and shall be located in the portions of
the public rights-of-way and, if necessary, in the parkway or other easements
granted by Developer adjacent to the applicable street. The City agrees that
parkway landscaping may be located within any such right-of-way and easement;
(2) Stormwater lines serving the development contemplated in this Agreement shall
be owned and maintained by the City and shall be located in the portions of the
public rights-of-way and, if necessary, in the parkway or other easements granted
26
by Developer adjacent to the applicable street or, if Developer so elects and if
consistent with generally acceptable engineering standards and the City's
Engineering Division Guidelines, along and adjacent to the rear lot lines of each
lot within such development. The City agrees that parkway landscaping may be
located within any such right-of-way and easement.
(3) The Developer shall not be required to pay to the City any additional fee in
consideration of the City's consent to allow the Developer to locate sanitary sewer
lines, water mains, or stormwater lines in the parkway or stormwater lines in rear
yards.
62. To the fullest extent permitted by law, Developer agrees to and shall indemnify,
defend and hold harmless the City, its officials, officers, employees, attorneys, agents, boards
and commissions from and against any and all third party claims, suits, judgments, costs,
attorney's fees, expert witness fees and expenses, damages or other relief, in any way resulting
from or arising out of or alleged to be resulting from or arising out of the existence of this
Agreement, the provisions of this Agreement, the performance of this Agreement, the annexation
of the Subject Property, the zoning of the Subject Property, the development approvals provided
for in this Agreement and/or any other actions of the parties hereto provided for or arising from
this Agreement. In the event of any action against the City, its officials, officers, employees,
agents, attorneys, boards or commissions covered by the foregoing duty to indemnify, and
defend and hold harmless, such action shall be defended by legal counsel of the City's choosing
the cost of which shall be paid for by the Developer. Additionally, in the event of such third
party action the Developer agrees to the extent permitted by law to attempt to intervene in such
proceedings and to join the City in the defense thereof. The provisions of this paragraph shall
survive any termination of this Agreement.
IN WITNESS WHEREOF, the Corporate Authorities and Developer and Owners 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.
(SIGNATURE PAGE FOLLOWS)
27
CITY OF ELGIN, ILLINOIS
By
Mayor Mona L. Cornelison, Trustee of Declarations
of Trust Dated December 30, 1997
Attest:
y _ t Q14"-
City Clerk Carolyn M. Gathman, as Trustee
as Trustee of the Declaration of Trust
of Trust Agreement No. 202 of
Carolyn M. Gathman dated March 13, 2001
Robert B. Gathman, as Trustee of the
Declaration of Trust Agreement No. 201
of Robert B. Gathman dated March 13,
2001
THE RESIDENTIAL LAND FUND I, L.P.
By: RESIDENTIAL LAND
MANAGEMENT, L.L.C.
Its General Partner
By: TERRESTRIS RLM, LTD.
Its Managing Partner
By:
Its
CATEMMignature page.wpd
28
CITY OF ELGIN, ILLINOIS
B
Mayor Mona L. Cornelison, Trustee of Declarations
of Trust Dated December 30, 1997
Attest:
&k'�'L"`�Q-
City Clerk Carolyn M. Gathman, as Trustee
as Trustee of the Declaration of Trust
of Trust Agreement No. 202 of
Carolyn M. Gathman dated March 13, 2001
Robert B. Gathman, as Trustee of the
Declaration of Trust Agreement No. 201
of Robert B. Gathman dated March 13,
2001
THE RESIDENTIAL LAND FUND I, L.P.
By: RESIDENTIAL LAND
MANAGEMENT, L.L.C.
Its General Partner
By: TERRESTRIS RLM, LTD.
Its anaging Partner
By:
It "L.r,
FALegal Dept\Agreement\Armexation-Residential Land Fund-RLF-WAC-Final-11-3-05.doc
28
CITY OF ELGIN, ILLINOIS
Mayor Mona L. Cornelison, Trustee of Declarations
of Trust Dated December 30, 1997
Attest:
� �--
City Clerk Caroly . Gathman.'a Trustee
as Trustee of the Declaration of Trust
of Trust Agreement No. 202 of
Carolyn M. Gathman dated March 13, 2001
Robert B. Gathman, as Trustee of the
Declaration of Trust Agreement No. 201
of Robert B. Gathman dated March 13,
2001
THE RESIDENTIAL LAND FUND 1, L.P.
By: RESIDENTIAL LAND
MANAGEMENT, L.L.C.
Its General Partner
By: TERRESTRIS RLM, LTD.
Its Managing Partner
By:
Its
FALegal Dept\Agreement\Annexation-Residential Land Fund-RLF-WAC-Final-11-3-05.doc
28
EXHIBITS j
Exhibit "A": Legal Description of Subject Property
Exhibit "B": Annexation Plats
Group Exhibit "C": Zoning Ordinances
Exhibit "D": Zoning Map
Exhibit "E-1": Stony Creek East Preliminary Plat of Subdivision
Exhibit "E-2": Stony Creek West Preliminary Plat of Subdivision
Exhibit "F-1": Preliminary Engineering Plans for Stony Creek East
Exhibit "F-2": Preliminary Engineering Plans for Stony Creek West
Exhibit "F-3": Additional Revisions to Preliminary Engineering Plans for Stony Creek
East
Exhibit "G": Offsite Utility Easements Map
Exhibit "H": Impact Fee Chart
Exhibit "I": Legal description of the balance of the real estate adjacent to the Gathman
Parcel
Exhibit "J": Architectural Guidelines
Exhibit "K": Open Space Map
Exhibit "L": Far West Interceptor Sewers Policy of Inspection and Construction
eP Y p
Exhibit "M": Water Location Drawing
Exhibit "N" Rear Yard Planting Options
EXHIBIT "A"
(Gathman Parcel):
THE WESTERLY 300 FEET,AS MEASURED PERPENDICULAR TO THE WESTERLY LINE
THEREOF, TOGETHER WITH THE SOUTHERLY 300 FEET, AS MEASURED
PERPENDICULAR TO THE SOUTHERLY LINE THEREOF, OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF SECTION 35,TOWNSHIP 41 NORTH,RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN,IN THE TOWNSHIP OF PLATO,KANE COUNTY ILLINOIS.
(Cornelison Parcel):
PARCEL I:
THAT PART OF THE SOUTH %2 OF SECTION 35, TOWNSHIP 41 NORTH, RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN AND PART OF THE NORTHWEST FRACTIONAL
QUARTER OF SECTION 2, TOWNSHIP 40 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON
THE NORTH LINE OF SAID NORTHWEST FRACTIONAL QUARTER THAT IS 954.36 FEET
WESTERLY OF THE NORTHEAST CORNER OF SAID NORTHWEST FRACTIONAL
QUARTER; THENCE SOUTHERLY PARALLEL WITH THE EAST LINE OF SAID
NORTHWEST FRACTIONAL QUARTER 2023.83 FEET TO A POINT THAT IS 660.0 FEET
NORTHERLY OF THE SOUTH LINE OF SAID NORTHWEST FRACTIONAL QUARTER
(MEASURED ALONG SAID EAST LINE); THENCE WESTERLY PARALLEL WITH SAID
SOUTH LINE 660.0 FEET FOR A POINT OF BEGINNING; THENCE EASTERLY ALONG
THE LAST DESCRIBED COURSE 660.0 FEET; THENCE NORTHERLY PARALLEL WITH
SAID EAST LINE 2023.83 FEET TO SAID NORTH LINE; THENCE EASTERLY ALONG SAID
NORTH LINE 954.36 FEET TO SAID NORTHEAST CORNER; THENCE EASTERLY ALONG
THE SOUTH LINE OF SAID SOUTH % 1290.34 FEET TO THE SOUTHEAST CORNER OF
THE WEST '/2 OF THE SOUTHEAST '/4 OF SAID SECTION 35; THENCE NORTHERLY
ALONG THE EAST LINE OF SAID WEST %2, 1049.54 FEET TO THE CENTERLINE OF
MCDONALD ROAD; THENCE WESTERLY ALONG SAID CENTER LINE 1324.14 FEET TO
THE CENTERLINE OF CORRON ROAD;THENCE WESTERLY ALONG THE CENTER LINE
OF SAID MCDONALD ROAD, 499.12 FEET TO A LINE DRAWN PARALLEL WITH AND
498.82 FEET WESTERLY OF THE CENTER LINE OF SAID CORRON ROAD (MEASURED
AT RIGHT ANGLES THERETO); THENCE SOUTHERLY ALONG SAID PARALLEL LINE
994.37 FEET TO A LINE DRAWN PARALLEL WITH AND 66.0 FEET NORTHERLY OF THE
SOUTH LINE OF SAID SOUTH ''/z; THENCE WESTERLY PARALLEL WITH SAID SOUTH
LINE 717.68 FEET TO THE WESTERLY LINE OF A TRACT OF LAND CONVEYED TO
CHARLES B. TUCKER BY DEED RECORDED MARCH 4, 1854 IN BOOK 31 ON PAGE 427
IN THE RECORDER'S OFFICE OF KANE COUNTY; THENCE SOUTHWESTERLY ALONG
SAID WESTERLY LINE FORMING AN ANGLE OF 124 DEGREES, 17 MINUTES, 02
SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE
THEREFROM) 79.88 FEET TO THE NORTHEAST CORNER OF THE WEST '/z OF SAID
NORTHWEST FRACTIONAL QUARTER; THENCE SOUTHWESTERLY DIRECTLY
TOWARD THE SOUTHWEST CORNER OF SAID WEST '/2 2664.17 FEET TO THE
NORTHERLY LINE OF A TRACT OF LAND CONVEYED TO GEORGE TUCKER BY DEED
RECORDED APRIL 21, 1854 IN BOOK 34 ON PAGE 368 IN THE RECORDER'S OFFICE OF
KANE COUNTY,BEING 351.63 FEET NORTHEASTERLY OF SAID SOUTHWEST CORNER;
THENCE NORTH 83 DEGREES EAST ALONG SAID NORTHERLY LINE FORMING AN
ANGLE OF 124 DEGREES, 06 MINUTES, 15 SECONDS WITH THE PROLONGATION OF
THE LAST DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISE THEREFROM)
777.32 FEET TO AN ANGLE IN SAID NORTHERLY LINE; THENCE SOUTH 85 DEGREES
EAST ALONG SAID NORTHERLY LINE FORMING AN ANGLE OF 168 DEGREES, 00
MINUTES, 0 SECONDS WITH THE LAST DESCRIBED COURSE(MEASURED COUNTER-
CLOCKWISE THEREFROM)89.76 FEET TO A LINE DRAWN PARALLEL WITH THE EAST
LINE OF SAID NORTHWEST FRACTIONAL QUARTER FROM THE POINT OF BEGINNING;
THENCE NORTHERLY 261.63 FEET TO THE POINT OF BEGINNING, LESS AND EXCEPT
THAT PART OF THE SOUTH '/2 OF SECTION 35, TOWNSHIP 41 NORTH, RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTHWEST CORNER OF THE SOUTHEAST '/4 OF SAID SECTION 35; THENCE
EASTERLY ALONG THE SOUTH LINE OF SAID QUARTER 37.67 FEET FOR A POINT OF
BEGINNING; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SOUTH %2 97.84
FEET; THENCE NORTHERLY ALONG A LINE FORMING AN ANGLE OF 91 DEGREES 13
MINUTES 54 SECONDS WITH SAID SOUTH LINE (MEASURED CLOCKWISE
THEREFROM) 1006.50 FEET TO A POINT THAT IS 50.0 FEET WESTERLY OF THE
PRESENT CENTER LINE OF CORRON ROAD (MEASURED AT RIGHT ANGLES
THERETO); THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 134
DEGREES 10 MINUTES 44 SECONDS WITH THE LAST DESCRIBED COURSE(MEASURED
CLOCKWISE THEREFROM)20.97 FEET TO A POINT THAT IS 45.0 FEET SOUTHERLY OF
THE CENTER LINE OF MCDONALD ROAD(MEASURED AT RIGHT ANGLES THERETO);
THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 141 DEGREES 51
MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE(MEASURED CLOCKWISE
THEREFROM) 114.98 FEET TO A POINT THAT IS 30.0 FEET SOUTHERLY OF THE CENTER
LINE OF SAID MCDONALD ROAD (MEASURED AT RIGHT ANGLES THERETO) FROM
A POINT ON THE CENTER LINE OF SAID MCDONALD ROAD 180.0 FEET WESTERLY OF
THE CENTER LINE OF SAID CORRON ROAD (MEASURED ALONG THE CENTER LINE
OF SAID MCDONALD ROAD); THENCE NORTHERLY AT RIGHT ANGLES TO THE
CENTER LINE OF SAID MCDONALD ROAD FORMING AN ANGLE OF 97 DEGREES 29
MINUTES 46 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED
COUNTERCLOCKWISE THEREFROM)30.0 FEET TO A POINT ON THE CENTER LINE OF
SAID MCDONALD ROAD THAT IS 180.0 FEET WESTERLY OF THE POINT ON
INTERSECTION OF THE CENTER LINE OF SAID MCDONALD ROAD WITH THE CENTER
LINE OF SAID CORRON ROAD;THENCE EASTERLY ALONG THE CENTER LINE OF SAID
MCDONALD ROAD 180.0 FEET TO THE CENTER LINE OF SAID CORRON ROAD;
THENCE CONTINUING EASTERLY ALONG THE CENTER LINE OF SAID MCDONALD
ROAD 250.0 FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED
COURSE 30.0 FEET; THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 94
DEGREES 45 MINUTES 49 SECONDS WITH THE LAST DESCRIBED COURSE(MEASURED
COUNTERCLOCKWISE THEREFROM) 180.62 FEET TO A POINT THAT IS 45.0 FEET
SOUTHERLY OF THE CENTER LINE OF SAID MCDONALD ROAD(MEASURED AT RIGHT
ANGLES THERETO); THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE
OF 136 DEGREES 09 MINUTES 12 SECONDS WITH THE LAST DESCRIBED COURSE
(MEASURED CLOCKWISE THEREFROM) 15.58 FEET TO A POINT THAT IS 60.0 FEET
EASTERLY OF THE PRESENT CENTER LINE OF SAID CORRON ROAD(MEASURED AT
RIGHT ANGLES THERETO); THENCE SOUTHERLY PARALLEL WITH THE CENTER LINE
OF SAID CORRON ROAD FORMING AN ANGLE OF 138 DEGREES 55 MINUTES 07
SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE
THEREFROM) 265.85 FEET; THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 48,732.17 FEET TANGENT TO THE LAST DESCRIBED COURSE
100.33 FEET; THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 185
DEGREES 47 MINUTES 11 SECONDS WITH A LINE DRAWN TANGENT TO THE LAST
DESCRIBED CURVE AT THE LAST DESCRIBED POINT (MEASURED CLOCKWISE
THEREFROM) 100.20 FEET; THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 48,722.17 FEET TANGENT TO A LINE FORMING AN ANGLE OF
174 DEGREES 19 MINUTES 51 SECONDS WITH THE LAST DESCRIBED COURSE
(MEASURED CLOCKWISE THEREFROM)400.61 FEET; THENCE SOUTHERLY TANGENT
TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT 143.02 FEET TO
THE POINT OF BEGINNING IN CAMPTON TOWNSHIP AND IN PLATO TOWNSHIP,KANE
COUNTY, ILLINOIS.
PARCEL 2:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 41 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE WEST HALF OF THE
NORTHWEST FRACTIONAL QUARTER OF SECTION 2, TOWNSHIP 40 NORTH, RANGE
7 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTHEASTERLY ALONG THE
WESTERLY LINE OF A TRACT OF LAND CONVEYED TO CHARLES B.TUCKER BY DEED
RECORDED MARCH 4, 1854 IN BOOK 31 ON PAGE 427 IN THE RECORDER'S OFFICE OF
KANE COUNTY 79.88 FEET TO A LINE DRAWN PARALLEL WITH AND 66.0 FEET
NORTHERLY OF THE SOUTH LINE OF SAID SOUTHWEST QUARTER (MEASURED AT
RIGHT ANGLES THERETO) FOR A POINT OF BEGINNING; THENCE CONTINUING
NORTHEASTERLY ALONG SAID WESTERLY LINE 179.66 FEET TO AN ANGLE IN SAID
WESTERLY LINE; THENCE NORTHERLY ALONG SAID WESTERLY LINE FORMING AN
ANGEL OF 207 DEGREES 12 MINUTES 00 SECONDS WITH THE LAST DESCRIBED
COURSE (MEASURED COUNTER-CLOCKWISE THEREFROM) 796.67 FEET TO THE
CENTER LINE OF MCDONALD ROAD; THENCE EASTERLY ALONG SAID CENTER LINE
539.47 FEET TO A LINE DRAWN PARALLEL WITH AND 498.82 FEET WESTERLY OF THE
CENTER LINE OF CORRON ROAD(MEASURED AT RIGHT ANGLES THERETO); THENCE
SOUTHERLY ALONG SAID PARALLEL LINE 994.37 FEET TO A LINE DRAWN PARALLEL
WITH SAID SOUTH LINE FROM THE POINT OF BEGINNING; THENCE WESTERLY
PARALLEL WITH SAID SOUTH LINE 717.68 FEET TO THE POINT OF BEGINNING IN
PLATO TOWNSHIP, KANE COUNTY, ILLINOIS.
(RLF I Parcels):
PARCEL I (Also known as Stony Creek East):
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 41 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN AND THAT PART OF THE WEST
HALF OF SECTION 1,TOWNSHIP 40 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN ALL DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER;THENCE
NORTHERLY ALONG THE WEST LINE OF SAID QUARTER 1030.11 FEET TO THE
CENTER LINE OF MCDONALD ROAD; THENCE EASTERLY ALONG SAID CENTER LINE
FORMING AN ANGLE OF 90 DEGREES 08 MINUTES 48 SECONDS WITH THE LAST
DESCRIBED COURSE(MEASURED COUNTER-CLOCKWISE THEREFROM)902.24 FEET
TO AN ANGLE IN SAID CENTER LINE; THENCE EASTERLY ALONG SAID CENTER LINE
FORMING AN ANGLE OF 182 DEGREES 00 MINUTES 27 SECONDS WITH THE LAST
DESCRIBED COURSE(MEASURED COUNTER-CLOCKWISE THEREFROM)645.44 FEET
TO THE MONUMENTED WEST LINE OF A TRACT OF LAND CONVEYED TO DIAMOND
GAITS, L.L.C. BY A WARRANTY DEED RECORDED AS DOCUMENT 2001K005870;
THENCE SOUTHERLY ALONG SAID WEST LINE FORMING AN ANGLE OF 87 DEGREES
38 MINUTES 57 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED
COUNTER-CLOCKWISE THEREFROM) 1857.13 FEET TO THE SOUTHWEST CORNER OF
SAID TRACT;THENCE EASTERLY ALONG THE SOUTH LINE OF SAID TRACT FORMING
AN ANGLE OF 89 DEGREES 56 MINUTES 17 SECONDS WITH THE LAST DESCRIBED
COURSE(MEASURED CLOCKWISE THEREFROM) 1100.14 FEET TO THE MONUMENTED
WEST LINE OF ARLINGTON ESTATES SUBDIVISION ACCORDING TO THE PLAT
THEREOF RECORDED APRIL 14, 1989 AS DOCUMENT 1967887; THENCE SOUTHERLY
ALONG SAID WEST LINE OF ARLINGTON ESTATES SUBDIVISION FORMING AN ANGLE
OF 89 DEGREES 42 MINUTES 10 SECONDS WITH THE LAST DESCRIBED COURSE
(MEASURED COUNTER-CLOCKWISE THEREFROM) 1854.38 FEET TO THE SOUTHWEST
CORNER OF SAID SUBDIVISION, POINT ALSO BEING THE SOUTHWEST CORNER OF
LOT 23 IN SAID SUBDIVISION; THENCE SOUTHERLY FORMING AN ANGLE OF 176
DEGREES 33 MINUTES 24 SECONDS WITH THE LAST DESCRIBED COURSE(MEASURED
COUNTER-CLOCKWISE THEREFROM) 13.10 FEET TO THE NORTHWEST CORNER OF
HOMEWARD GLEN UNIT 2 SUBDIVISION ACCORDING TO THE PLAT THEREOF
RECORDED DUNE 13, 1988 AS DOCUMENT 1914848, POINT ALSO BEING THE
NORTHWEST CORNER OF LOT 20 IN SAID SUBDIVISION;THENCE SOUTHERLY ALONG
THE MONUMENTED WEST LINE OF SAID HOMEWARD GLEN UNIT 2 SUBDIVISION
FORMING AN ANGLE OF 182 DEGREES 37 MINUTES 18 SECONDS WITH THE LAST
DESCRIBED COURSE(MEASURED COUNTER-CLOCKWISE THEREFROM) 1094.56 FEET
TO A POINT THAT IS 79.56 FEET NORTHERLY OF, AS MEASURED ALONG SAID WEST
LINE, THE SOUTHWEST CORNER OF LOT 16 IN SAID HOMEWARD GLEN UNIT 2;
THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 80 DEGREES 44
MINUTES 42 SECONDS WITH THE LAST DESCRIBED COURSE(MEASURED COUNTER-
CLOCKWISE THEREFROM) 2670.79 FEET TO A POINT ON THE WEST LINE OF SAID
WEST HALF THAT IS 584.79 FEET SOUTHERLY OF THE SOUTHWEST CORNER OF THE
NORTHWEST QUARTER OF SAID SECTION 1;THENCE NORTHERLY ALONG THE WEST
LINE OF SAID WEST HALF OF SECTION 13277.94 FEET TO THE NORTHWEST CORNER
OF SAID WEST HALF; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID
SOUTHWEST QUARTER SECTION 36 12.41 FEET (12.54 RECORD) TO THE POINT OF
BEGINNING, IN PLATO TOWNSHIP AND CAMPTON TOWNSHIP, KANE COUNTY,
ILLINOIS.
PARCEL 2 (Also known as Spring Creek Farm):
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 41 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTH LINE OF SAID SOUTHWEST QUARTER 339.9
FEET EAST OF THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER;THENCE
NORTH 88 DEGREES 41 MINUTES 30 SECONDS EAST ALONG THE NORTH LINE OF SAID
SOUTHWEST QUARTER 962.17 FEET TO THE NORTHEAST CORNER OF THE WEST HALF
OF SAID SOUTHWEST QUARTER; THENCE SOUTH 00 DEGREES 31 MINUTES 47
SECONDS WEST ALONG THE EAST LINE OF SAID WEST HALF 405.24 FEET; THENCE
NORTH 88 DEGREES 41 MINUTES 30 SECONDS EAST, PARALLEL WITH THE NORTH
LINE OF SAID SOUTHWEST QUARTER, 399.30 FEET; THENCE SOUTH 6 DEGREES 30
MINUTES WEST, 1226.55 FEET TO THE CENTER LINE OF MCDONALD ROAD; THENCE
SOUTH 81 DEGREES 26 MINUTES 38 SECONDS WEST ALONG SAID CENTER LINE,778.74
FEET TO AN ANGLE IN SAID CENTER LINE; THENCE SOUTH 86 DEGREES 57 MINUTES
26 SECONDS WEST ALONG SAID CENTER LINE, 390.38 FEET TO AN ANGLE IN SAID
CENTER LINE; THENCE NORTH 76 DEGREES 02 MINUTES 57 SECONDS WEST,ALONG
SAID CENTER LINE, 310.152 FEET TO A LINE HEREAFTER REFERRED TO AS LINE"A",
WHICH LINE BEARS NORTH 8 DEGREES 20 MINUTES 57 SECONDS EAST FROM THE
SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER TO THE PLACE OF BEGINNING;
THENCE NORTH 8 DEGREES 20 MINUTES 57 SECONDS EAST, ALONG LINE "A"
HERETOFORE DESCRIBED, 1672.009 FEET TO THE PLACE OF BEGINNING, (EXCEPT
THEREFROM THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN
THE NORTH LINE OF SAID SOUTHWEST QUARTER THAT IS 339.9 FEET EAST OF THE
NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 8 DEGREES
20 MINUTES 57 SECONDS WEST,ALONG LINE"A"HERETOFORE DESCRIBED, 625.299
FEET FOR THE PLACE OF BEGINNING; THENCE SOUTH 89 DEGREES 35 MINUTES 39
SECONDS EAST 106.01 FEET; THENCE NORTH 76 DEGREES 39 MINUTES 30 SECONDS
EAST,99 FEET; THENCE SOUTH 13 DEGREES 20 MINUTES 30 SECONDS EAST,66 FEET;
THENCE SOUTH 76 DEGREES 39 MINUTES 30 SECONDS WEST, 99 FEET; THENCE
NORTH 13 DEGREES 20 MINUTES 30 SECONDS WEST, 49.5 FEET; THENCE NORTH 89
DEGREES 35 MINUTES 30 SECONDS WEST 111.20 FEET; THENCE NORTH 8 DEGREES
20 MINUTES 57 SECONDS EAST 16.18 FEET TO THE PLACE OF BEGINNING); (ALSO
EXCEPT THAT PART OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 41
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF SAID SOUTHWEST
QUARTER THAT IS 339.9 FEET EAST OF THE NORTHWEST CORNER OF SAID
SOUTHWEST QUARTER; THENCE NORTH 88 DEGREES 41 MINUTES 30 SECONDS EAST
ALONG SAID NORTH LINE OF THE SOUTHWEST QUARTER, 181.8 FEET TO THE
CENTER LINE OF CRAWFORD ROAD; THENCE SOUTH 24 DEGREES 07 MINUTES 37
SECONDS WEST ALONG SAID CENTER LINE, 659.12 FEET TO A LINE DRAWN FROM
THE POINT OF BEGINNING TO THE SOUTHWEST CORNER OF SAID SOUTHWEST
QUARTER; THENCE NORTH 8 DEGREES 20 MINUTES 57 SECONDS EAST ALONG SAID
LINE 603.79 FEET TO THE POINT OF BEGINNING,)IN THE TOWNSHIP OF PLATO,KANE
COUNTY, ILLINOIS.
PARCEL 3 (Also known as Stony Creek West):
A. THAT PART OF THE SOUTH HALF OF SECTION 34 AND PART OF THE SOUTHWEST
QUARTER OF SECTION 35, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN AND PART OF SECTION 3,TOWNSHIP 40 NORTH,RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID
SECTION 3;THENCE SOUTH 88 DEGREES 50 MINUTES 33 SECONDS WEST,ALONG THE
SOUTH LINE OF SAID QUARTER SECTION, A DISTANCE OF 1108.14 FEET (16.79
CHAINS) TO A POINT; THENCE NORTH 21 DEGREES 13 MINUTES 17 SECONDS EAST,
ALONG A LINE DRAWN IN A NORTHEASTERLY DIRECTION FROM SAID POINT TO A
CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER
OF SAID SECTION 34, A DISTANCE OF 1234.43 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 21 DEGREES 13 MINUTES 17 SECONDS EAST, ALONG
SAID DRAWN LINE, A DISTANCE OF 1662.98 FEET TO SAID CONCRETE MONUMENT;
THENCE NORTH 07 DEGREES 19 MINUTES 41 SECONDS EAST,ALONG A LINE WHICH
IS DRAWN IN A NORTHEASTERLY DIRECTION FROM SAID CONCRETE MONUMENT
TO A POINT ON THE NORTH LINE OF THE SAID SOUTHWEST QUARTER OF SECTION
35, 339.9 FEET (5.15 CHAINS) EAST OF THE NORTHWEST CORNER SAID QUARTER
SECTION, A DISTANCE OF 980.63 FEET TO THE CENTERLINE ON MCDONALD ROAD;
THENCE NORTHWESTERLY AND WESTERLY ALONG SAID CENTER LINE THE
FOLLOWING FOUR(4)COURSES AND DISTANCES;(1)THENCE NORTH 74 DEGREES 01
MINUTES 36 SECONDS WEST A DISTANCE OF 977.33 FEET (978.19 FEET RECORD) TO
A POINT OF CURVATURE; (2) THENCE WESTERLY ALONG THE ARC OF A
TANGENTIAL CURVE, CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 1637.02
FEET,A DISTANCE OF 529.30 FEET(529.52 FEET RECORD)TO A POINT OF TANGENCY;
(3) THENCE SOUTH 87 DEGREES 26 MINUTES 52 SECONDS WEST A DISTANCE OF
1314.85 FEET (1314.28 FEET RECORD), POINT LYING ON THE EAST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 34; (4) THENCE SOUTH 86 DEGREES 56
MINUTES 37 SECONDS WEST A DISTANCE OF 62.70 FEET TO A POINT THAT IS 62.70
FEET WESTERLY OF SAID EAST LINE(MEASURED ALONG SAID CENTER LINE),BEING
THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO HENRY O. LARSON
AND ELIZABETH V. LARSON BY DEED RECORDED AS DOCUMENT 648085; THENCE
SOUTH 01 DEGREES 40 MINUTES 47 SECONDS EAST,ALONG THE EASTERLY LINE OF
SAID LARSON TRACT 776.0 FEET TO A POINT THAT IS 10.0 FEET NORTHERLY OF THE
SOUTHEAST CORNER OF SAID LARSON TRACT; THENCE NORTH 89 DEGREES 04
MINUTES 46 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID LARSON
TRACT 24.88 FEET;THENCE SOUTH 21 DEGREES 56 MINUTES 11 SECONDS EAST 101.13
FEET; THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF
210.0 FEET, TANGENT TO THE LAST DESCRIBED COURSE, 104.64 FEET; THENCE
SOUTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 390.5 FEET
(390.00 FEET RECORD) TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST
DESCRIBED POINT 91.01 FEET(90.98 FEET RECORD); THENCE SOUTH 19 DEGREES 58
MINUTES 05 SECONDS WEST, TANGENT TO THE LAST DESCRIBED CURVE AT THE
LAST DESCRIBED POINT 104.0 FEET; THENCE SOUTHERLY ALONG A CURVE TO THE
LEFT HAVING A RADIUS OF 360.0 FEET,TANGENT TO THE LAST DESCRIBED COURSE
94.64 FEET(94.87 FEET RECORD)TO A LINE DRAWN PARALLEL WITH AND 59.25 FEET
NORTHERLY OF THE SOUTH LINE(MEASURED AT RIGHT ANGLES THERETO)OF SAID
SOUTHWEST QUARTER SECTION 34; THENCE NORTH 88 DEGREES 51 MINUTES 14
SECONDS EAST, ALONG SAID PARALLEL LINE, 336.05 FEET; THENCE
SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 157 DEGREES 06 MINUTES
37 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTER-
CLOCKWISE THERE FROM) 1418.0 FEET; THENCE SOUTHERLY ALONG A LINE
FORMING AN ANGLE OF 122 DEGREES 50 MINUTES 43 SECONDS WITH THE LAST
DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISE THERE FROM) 892.0 FEET;
THENCE SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 99 DEGREES 11
MINUTES 29 SECONDS WITH THE LAST DESCRIBED COURSE(MEASURED COUNTER-
CLOCKWISE THERE FROM) 1863.0 FEET; THENCE NORTHWESTERLY ALONG A LINE
FORMING AN ANGLE OF 142 DEGREES 54 MINUTES 33 SECONDS WITH THE LAST
DESCRIBED COURSE(MEASURED COUNTER-CLOCKWISE THERE FROM) 1448.0 FEET;
THENCE NORTHERLY ALONG A LINE FORMING AN ANGLE OF 117 DEGREES 39
MINUTES 28 SECONDS WITH THE LAST DESCRIBED COURSE(MEASURED COUNTER-
CLOCKWISE THERE FROM) 867.0 FEET; THENCE NORTHERLY ALONG A LINE
FORMING AN ANGLE OF 172 DEGREES 25 MINUTES 59 SECONDS WITH THE LAST
DESCRIBED COURSE (MEASURED COUNTER-CLOCKWISE THERE FROM) 741.0 FEET
TO THE AFORESAID PARALLEL LINE; THENCE SOUTH 88 DEGREES 51 MINUTES 14
SECONDS WEST,ALONG SAID PARALLEL LINE,299.13 FEET TO THE WESTERLY LINE
EXTENDED SOUTHERLY OF SAID LARSON TRACT; THENCE NORTH 00 DEGREES 03
MINUTES 14 SECONDS WEST, ALONG SAID EXTENDED WESTERLY LINE AND THE
WESTERLY LINE OF SAID LARSON TRACT, 1122.09 FEET TO THE CENTER LINE OF
SAID MCDONALD ROAD; THENCE SOUTH 81 DEGREES 53 MINUTES 33 SECONDS
WEST,ALONG SAID CENTER LINE,87.46 FEET TO A POINT THAT IS 435.60 FEET,MORE
OR LESS,EASTERLY OF THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED
TO BENJAMIN WALKER BY DEED RECORDED MARCH 3, 1855 IN BOOK 36, PAGE 623;
THENCE SOUTH 00 DEGREES 36 MINUTES 16 SECONDS EAST, PARALLEL, MORE OR
LESS, WITH THE EAST LINE OF SAID WALKER TRACT 1110.75 FEET; THENCE SOUTH
81 DEGREES 53 MINUTES 22 SECONDS WEST,PARALLEL,MORE OR LESS,WITH SAID
CENTER LINE, 433.12 FEET TO THE NORTHERLY EXTENSION OF A LINE DRAWN
PARALLEL WITH, AND 251.46 (3.81 CHAINS) FEET EASTERLY OF, AS MEASURED
ALONG THE NORTH LINE THEREOF,THE WEST LINE OF THE NORTHWEST QUARTER
OF THE AFORESAID SECTION 3,POINT BEING 7.32 FEET NORTH OF SAID NORTH LINE;
THENCE SOUTH 00 DEGREES 26 MINUTES 52 SECONDS EAST,ALONG SAID EXTENDED
LINE AND SAID PARALLEL LINE, A DISTANCE OF 2673.57 FEET TO THE SOUTH LINE
OF SAID NORTHWEST QUARTER OF SECTION 3; THENCE NORTH 88 DEGREES 50
MINUTES 33 SECONDS EAST,ALONG SAID SOUTH LINE,A DISTANCE OF 2399.89 FEET
TO THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTION 3;
THENCE CONTINUING NORTH 88 DEGREES 50 MINUTES 33 SECONDS EAST, ALONG
THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3,A DISTANCE OF
323.83 FEET;THENCE NORTH 11 DEGREES 09 MINUTES 18 SECONDS EAST A DISTANCE
OF 35.90 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY ALONG THE ARC
OF A TANGENTIAL CURVE, CONCAVE TO THE WEST AND HAVING A RADIUS OF
886.67 FEET,A DISTANCE OF 643.45 FEET TO A POINT OF TANGENCY;THENCE NORTH
30 DEGREES 25 MINUTES 28 SECONDS WEST A DISTANCE OF 97.58 FEET; THENCE
NORTH 71 DEGREES 02 MINUTES 36 SECONDS EAST A DISTANCE OF 1645.63 FEET;
THENCE SOUTH 68 DEGREES 46 MINUTES 43 SECONDS EAST A DISTANCE OF 274.01
FEET TO THE POINT OF BEGINNING LYING IN KANE COUNTY, ILLINOIS.
AND
B. THAT PART OF THE EAST HALF OF SECTION 3, TOWNSHIP 40 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN IN KANE COUNTY, ILLINOIS DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID
SECTION 3; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID SOUTHEAST
QUARTER, 1732.76 FEET TO THE NORTH LINE OF THE SOUTH 891.0 FEET(54 RODS)OF
SAID SOUTHEAST QUARTER (MEASURED ALONG THE WEST LINE OF SAID
SOUTHEAST QUARTER); THENCE EASTERLY, PARALLEL WITH THE SOUTH LINE OF
SAID SECTION 3, 229.07 FEET TO THE CENTER LINE OF SILVER GLEN ROAD; THENCE
NORTHEASTERLY AND EASTERLY ALONG THE CENTER OF SAID SILVER GLEN ROAD,
1894.11 FEET TO A WESTERLY LINE OF A TRACT OF LAND CONVEYED BY DEED
RECORDED AS DOCUMENT NUMBER 553379; THENCE NORTHERLY 1436.78 FEET
ALONG A WESTERLY LINE OF SAID TRACT OF LAND, TO THE SOUTH LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 3; THENCE WESTERLY ALONG THE SAID
SOUTH LINE,413.65 FEET TO A POINT THAT IS 1108.14 FEET(16.79 CHAINS)WESTERLY
OF THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE
NORTHEASTERLY ALONG A LINE DRAWN FROM THE LAST DESCRIBED POINT TO A
MONUMENT AT THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 41 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, 1234.43 FEET; THENCE
NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 90 DEGREES 00 MINUTES
00 SECONDS WITH THE LAST DESCRIBED COURSE(MEASURED CLOCKWISE THERE
FROM), A DISTANCE OF 274.01 FEET; THENCE SOUTHWESTERLY ALONG A LINE
FORMING AN ANGLE OF 139 DEGREES 49 MINUTES 19 SECONDS WITH THE LAST
DESCRIBED COURSE(MEASURED CLOCKWISE THERE FROM),A DISTANCE OF 1645.63
FEET;THENCE SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 78 DEGREES
31 MINUTES 56 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED
CLOCKWISE THERE FROM),A DISTANCE OF 97.58 FEET TO A POINT OF CURVATURE;
THENCE SOUTHERLY ALONG THE ARC OF A TANGENTIAL CURVE,CONCAVE TO THE
WEST AND HAVING A RADIUS OF 886.67 FEET, A DISTANCE OF 643.45 FEET TO A
POINT OF TANGENCY; THENCE SOUTHERLY, TANGENT TO THE LAST DESCRIBED
COURSE,A DISTANCE OF 35.90 FEET TO THE AFOREMENTIONED SOUTH LINE OF THE
NORTHEAST QUARTER OF SECTION 3; THENCE WESTERLY, ALONG SAID SOUTH
LINE,A DISTANCE OF 323.83 FEET TO THE POINT OF BEGINNING,EXCEPTING THERE
FROM THAT PART OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 40
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHEAST
QUARTER;THENCE SOUTH ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER,
1727.25 FEET; THENCE NORTH 89 DEGREES 30 MINUTES EAST, 231.15 FEET TO THE
CENTER LINE OF SILVER GLEN ROAD; THENCE NORTHEASTERLY AND EASTERLY
ALONG SAID CENTER LINE 1176.05 FEET; THENCE NORTH 0 DEGREES 11 MINUTES
EAST, 369.08 FEET; THENCE NORTH 89 DEGREES 49 MINUTES WEST, 362.0 FEET;
THENCE SOUTHERLY 366.17 FEET TO A POINT ON SAID CENTER LINE THAT IS 362.1
FEET WESTERLY OF THE POINT OF BEGINNING, MEASURED ALONG SAID CENTER
LINE; THENCE EASTERLY ALONG SAID CENTER LINE, 362.1 FEET TO THE POINT OF
BEGINNING; ALL IN KANE COUNTY, ILLINOIS.
TOGETHER WITH THAT PART OF THE SOUTHWEST QUARTER OF SECTION 2 AND
PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP
40 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID
SOUTHWEST QUARTER WITH THE CENTER LINE OF CORRON ROAD;THENCE SOUTH
0 DEGREES 57 MINUTES EAST, ALONG SAID CENTER LINE AND SAID CENTER LINE
TANGENT EXTENDED SOUTHERLY 2682.0 FEET; THENCE SOUTH 16 DEGREES 39
MINUTES EAST, 581.0 FEET; THENCE SOUTH 89 DEGREES 11 MINUTES WEST, 1478.0
FEET; THENCE NORTH 1 DEGREES 04 MINUTES WEST, 558.50 FEET; THENCE NORTH
0 DEGREES 03 MINUTES WEST, 964.39 FEET TO THE CENTER LINE OF SILVER GLEN
ROAD; THENCE NORTH 0 DEGREES 58 MINUTES EAST, 1702.78 FEET TO THE NORTH
LINE OF SAID SOUTHWEST QUARTER FOR A POINT OF BEGINNING; THENCE SOUTH
O DEGREES 58 MINUTES WEST,ALONG THE LAST DESCRIBED COURSE, 1222.78 FEET
TO A POINT THAT IS 480.0 FEET NORTH 0 DEGREES 58 MINUTES EAST OF THE CENTER
LINE OF SAID SILVER GLEN ROAD;THENCE WESTERLY,ALONG A LINE FORMING AN
ANGLE OF 90 DEGREES 14 MINUTES 21 SECONDS WITH THE PROLONGATION OF THE
LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFORE) 460.0 FEET;
THENCE SOUTHERLY, ALONG A LINE FORMING AN ANGLE OF 93 DEGREES 25
MINUTES 35 SECONDS WITH THE LAST DESCRIBED COURSE(MEASURED CLOCKWISE
THEREFROM)440.0 FEET TO THE CENTER LINE OF SAID SILVER GLEN ROAD;THENCE
WESTERLY,ALONG SAID CENTER LINE 1536.66 FEET TO A POINT THAT IS 633.60 FEET
(9.60 CHAINS)EASTERLY OF THE WEST LINE OF SAID EAST HALF(MEASURED ALONG
SAID SILVER GLEN ROAD CENTER LINE AND SAID CENTER LINE TANGENT
EXTENDED WESTERLY); THENCE NORTHERLY PARALLEL WITH SAID WEST LINE,
1436.78 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE EAST,
ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, 694.49 FEET TO THE
NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE EAST, ALONG THE
NORTH LINE OF SAID SOUTHWEST QUARTER, 1353.93 FEET TO THE POINT OF
BEGINNING, ALL IN CAMPTON TOWNSHIP, KANE COUNTY, ILLINOIS.
TOGETHER WITH THAT PART OF THE SOUTHWEST QUARTER OF SECTION 2,
TOWNSHIP 40 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID
SOUTHWEST QUARTER WITH THE CENTER LINE OF CORRON ROAD;THENCE SOUTH
0 DEGREES 57 MINUTES EAST, ALONG SAID CENTER LINE AND SAID CENTER LINE
TANGENT EXTENDED SOUTHERLY, 2682.0 FEET; THENCE SOUTH 16 DEGREES 39
MINUTES EAST, 581.0 FEET; THENCE SOUTH 89 DEGREES 11 MINUTES WEST, 1478.0
FEET; THENCE NORTH 0 DEGREE 04 MINUTES WEST, 558.50 FEET; THENCE NORTH 0
DEGREES 03 MINUTES WEST, 964.39 FEET TO THE CENTER LINE OF SILVER GLEN
ROAD FOR A POINT OF BEGINNING; THENCE NORTH 0 DEGREES 58 MINUTES EAST,
480.0 FEET;THENCE WESTERLY,ALONG A LINE FORMING AN ANGLE OF 90 DEGREES
14 MINUTES 21 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED
460.0 FEET; THENCE SOUTHERLY
CLOCKWISE THEREFROM) , ALONG A LINE
FORMING AN ANGLE OF 93 DEGREES 25 MINUTES 35 SECONDS WITH THE LAST
DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 440.0 FEET TO THE
CENTER LINE OF SAID SILVER GLEN ROAD;THENCE EASTERLY ALONG SAID CENTER
LINE, 490.0 FEET TO THE POINT OF BEGINNING, IN CAMPTON TOWNSHIP, KANE
COUNTY, ILLINOIS.
PLAT OF ANNEXATION
TO
TIM CITY OF ELGIN, ILLINOIS
B S(REEK STE EIOSTiNG LIMITS OF
THE CITY Of ELM
A-1
GRAPHIC SCALEV
5Al* � 7
J4JJ4
N FTET
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HEREBY ANNEXED CORNELISON I PLATO TOWNSHIP
CORNELISON PARCEL
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204.0 ACRES
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PR SERVE AREA CLLOiTra'KAm
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228.3 ACRES 7�_DAYOP 7001L
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204.0 ACRES
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)AS ALL PROMSMONAL LAND ARYBYOR ZJC2IIiSOMMMOVEMM 34 2005
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PLA T OF ANNEXA TION
TO
BOWES CREEK SITE TIDE CITY OF ELGIN, ILLINOIS N
EXISTING LIMITS OF
THE CITY OF ELGIN
GRAPHIC SCALE
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35 36
5 N88'09'49"E
355� S36353 259494 9
EAST HALF OF THE SOUTHEAST
QUARTER OF SECTION 35-41-7
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RECOROED MARCH 4 1H54 1N BOOK EXCEPTION COMA ENCIMAT APOINTON7HE NORTH 12M OF SAID NORTHWEST FRACTIONAL
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OFFICE OF KANE COUNTY CORM31t OFSAIDNIORTHWESTFRACT70NALQUARTE k 11100M SOU7HERLYP'ARATr EL R7TH 772 BAST LBO OF SAID NORTHWESTFRAC IGUAL
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Z 1R54 IN BOOK 31 ONPAGE4271N THE RBODRDBRS OFFICE OF KANE COUNTY,;7HENCFSOU7HWESTERLYALCINO SAID WESTHRLYLAIBFORMATOAN
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SAID QUARTER 37.67=PYXl A POINTOF BROWNING;THE?KT WESTERLY ALONG THE 9OV77ILINE OF SAID SOUTH%9794 FEET'TNENCEMOR77MLY
motor HEREBY ANNEXED O ALONG LINRFORMWG AN ANGLE OF9I DBUIUM 13 MINUIES 54 SECONDS WITH SAID SOUTH LINE(A®ASUREU CW7EWISE THEREFROM)IOO&M FEET
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NORIHWIMEKLYALONO A LINE FORA@NGAN/NGLE OF 134 DEGREES 10 MINUTES 44 SBOONDS WITH TEEL.ASTLESORMED COURSE(AO ASURED
CLOCZWLSB THEREFROM)W0 FEFT IOA POINT 7HATTS 45.0 FEET SOU7HERLYOF THE CCENT77R LINE OF ARMONALD ROAD(AMASUREDAT RIGHT
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PARCEL CNDOERSBCTION OF TIM CENTERLINE OF SAID AKDOWALD ROAD WITH THE CENTER LINE OF SAID CORRONROAD;THENCE EASTERLYALONO 77M
(ffiOMRTBV WSAMAICD08NATDROAD1800NTr3TMTIMCZNT70 LMaFSAMOORRONROAD,TRUiCECONTRamia EAS7IDtLYALONG7HECBNIER
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AREA ALONGALMEFORACMAN t?faMOF94MaWAS45MINU7E949SECONDSW77H7HELASTDE9C70BEDCOURSE(ABASUREDCOUNnmcLo[rwm
TIBEtEFRW 180.62 FEET TO A POINT 7HATIS 45.0 FEET SOUT HEIRLYOF THE CENTER IBM OF SAID MCDONALD ROAD 0"ASURED AT RIGHT ANGIE79
100.3 ACRES I THERETO) TIES'(SSOUTITWESPRLYALONOALINEFORAQNGANANULB OF136DBOREES 09MNUIT3912 SECONDS WITH THE LL4'TDESC7IBED
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ALONG A LINE PORMMOANANCBB OF 195 DBGRH8847AIINU E911 SBCONDS WTIHA LINE DRAWN TANGENT TO THE LASTD139CRIBED CURVEAT 71B
POINT LASTDESCRIDEDPODTTa&ASAUWaD(3Lw TEMU"OM)IOOMFEEI;THEN(HSOU7HERL.YALONEIA CURVE T7 THE RIGHTHAVINGA RADIUS OF
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THEP'OIKT OF➢EGWWC IN CAMPTON TOWNSEGPAN D INPLATO TOWNSHIP,KAM CHANTY,ZI.MM
PARCEL 1 (660.00') _ _ _
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PLA T OF ANNEXA TION
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LEGAL DESCRIPTION
THATPART OF TIER SOUTHWESTQDARTER OF MX IONA TOWNSHIP 41 NORM RANGE 7 RASrCIF 77M
HEREBY ANNEXED TURD PRLNCZFAL AfElUDIAN,DE9CIURED AS FOLLOWS:
BEGITOWO ATA POINT IN THE NOR771LNE OF SAID SOU7HWESTQDAR78R 339.9FEET EAST OF 771E
NORTHWEST CORNER OF SAID SOUTHWEST QUARTER,T NENCENORTH 88 DB(El W 41 AD4U784 30
SECONDS EAST ALONG 771E110111TH L04E OF SAID SOUTHWEST QUARTER 962.17FEET 7107HE NOR7HE4ST
CORNER OF THE WESTI7ALFOF SAID SOUTHWEST QUARn0k THENCE SOUTH QU DBGRIi8.4 31 AONETTES 47
SELOMTS WESTALOM T7$EASTIDD OF SAID WEYTHAIF•405.2AFEE7,THHNCENORTH 88 DEORSES 41
MINUTES 30 SEICONDS EAST,PARALLEL EL Wf1H THE NORTHLAH OF SAID SOUTHWEST QUARTER,39930 FEET
77LMYCE SOUTH 6 ElBaRffi 30M NU7E4 WEST;1226.55 IESr TO THE CENTER LINE OF M(DONAID ROAD;
7HENC E SOUTH 81 DEGREES 26 AoDarn 4 38 SECONDS WEST ALONG SAID C DMKR LINE,778.74 FEET 70 AN
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2OMWUTE357 SBCON;S EAST 16.18FEUTTO 731E PLACE OPBE(ID•NWO);(AL901010EPTTHATPARTOF
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N LEGAL DESCRIPTION
THAT PART OF TEE LAST HALF OF EX77ON 3,TOWNS 40 NORTH,RANGES 7 EAST
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SAID 9OUTIHAST QUARTER(IMASURED ALONG THEWESTLIEOFSAID9ouTH Asr
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WES E CONVEYED TRACT OF LAND ONVEYED BY DEED RECORDED
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139'49'19',$ MERIDIAN,123443 FEET;THENCE NORTHWESTERLY ALONG A LINE FORMING AN
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ry TANGENT
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231.15 FEET
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WAR TER.177725 FEFr 11
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F Na 553379 ^ MINUTES EAST,381.0 FEEL;TIENC E SO UrN 89 DEGREES 11 MINUTES WEST 147R0
HEREBY ANNEXED FEET THENCE NORTH IDBGRSBS04A®v11718S WEST S3&soFEErTUENCENORTHO
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Fir TO THE SOUT
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To
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PAX Na(630)E34Q329
lI TEL Na(630)234421V STONY CREEK WEST 1
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THE CITY OF ELGIN, ILLINOIS
APPROXIMATE AREA 204.0 ACRES
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8-3-200-005
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gl^_ 5-34400-02244
N
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APPRa0ZiV�� GRAPHIC SCALE
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3 8 ANNEXATION
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DRAFT (WAC 10/31/05) Ordinance No.
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
(Gathman Property—McDonald 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 Plat, prepared by Henderson and Bodwell,
L.L.P., and dated July 27, 2004 last revised October 10, 2005, identified as the
Gathman Property and 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.
GROUP
EXHIBIT
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.
l. "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.
2
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. In this PSFR2 zoning district, the site design regulations
for individual lot development shall be the provisions of Section 19.25.335, Site
3
Design, of the Elgin Zoning 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.
1. Supplementary Conditions. In this PSFR2 zoning district, the use and
development of land and structures shall also be subject to the following
conditions:
a. The subdivision layout and residential buildings shall be designed,
constructed and maintained in substantial conformance with the
design guidelines applicable to residential neighborhoods
developed in the "Far West"portion of the Elgin Planning Area, as
described in the 2005 Elgin Comprehensive Plan and Design
Guidelines.
H. Off-Street Parking. In this PSFR2 zoning district, off street parking shall be
subject to the provisions of Chapter 19.45, Off-Street Parking, of the Elgin
Municipal Code, 1976, as amended.
I. Off-Street Loading. In this PSFR2 zoning district, off street loading shall be
subject to the provisions of Chapter 19.47, Off-Street Loading, of the Elgin
Municipal Code, 1976, as amended.
I Signs. In this PSFR2 zoning district, signs shall be subject to the provisions of
Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended, 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
4
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:
Passed:
Vote: Yeas Nays:
Recorded:
Published:
5
Attest:
Dolonna Mecum, City Clerk
FALegal Dept\Ordinances\ZoneProp-Gathman PSFR2 Draft Ord 10.31.05-WAC.doc
6
Draft (WAC 10/31/05)
Ordinance No.
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PAB PLANNED AREA BUSINESS DISTRICT
(Cornelison Property—McDonald 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 Plat, prepared by Henderson and Bodwell,
L.L.P., and dated July 27, 2004 last revised October 10, 2005, identified as the
Cornelison Property and 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.
GROUP
EXHIBIT_..�- .
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).
2
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 (7381).
Electrical and electronic repair shops (7629).
Engineering, accounting, research, management and related
services (87).
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).
3
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).
4
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).
5
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] (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.
"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).
Religious Organizations (8661).
6
Coin-operated amusement establishments (7993).
Dance halls (7911).
Discotheques (7911).
"Home child daycare services" [SR] (8351).
Individual and family social services (832).
"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).
"Teen clubs" [SR] (UNCL).
4. Retail Trade Division:
Drive-in restaurants (5812).
Firearms sales (5941).
"Motor vehicle service stations" [SR] (554).
"Package liquor sales establishments" [SR] (5921).
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.
7
"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 .
Se ( )
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.
8
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. hi 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.
9
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:
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Dolonna Mecum, City Clerk
FALegal Dept\Ordinances\ZoneProp-Cornelison PAB Draft Ord 10.31.05-WAC.doc
10
DRAFT (WAC 10/31/05) Ordinance No.
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
(Cornelison Property—McDonald 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 Plat, prepared by Henderson and Bodwell,
L.L.P., and dated July 27, 2004 last revised October 10, 2005, identified as the
Cornelison Property and 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.
GROUP
1
EXHIBIT
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.
2
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. In this PSFR2 zoning district, the site design regulations
for individual lot development shall be the provisions of Section 19.25.335, Site
3
Design, of the Elgin Zoning 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 t he provisions of Chapter 19.60, Planned Developments, of the Elgin
Municipal Code, 1976, as amended.
1. Supplementary Conditions. In this PSFR2 zoning district, the use and
development of land and structures shall also be subject to the following
conditions:
a. The subdivision layout and residential buildings shall be designed,
constructed and maintained in substantial conformance with the
design guidelines applicable to residential neighborhoods
developed in the "Far West"portion of the Elgin Planning Area, as
described in the 2005 Elgin Comprehensive Plan and Design
Guidelines.
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
J P P g to
Municipal Code, 1976, as amended.
I. Off-Street Loading. In this PSFR2 zoning district, off street loading shall be
subject to the provisions of Chapter 19.47, Off-Street Loading, of the Elgin
Municipal Code, 1976, as amended.
I Signs. In this PSFR2 zoning district, signs, shall be subject to the provisions of
Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended, 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.
n In this PSFR2 zoning district application for planned
L. Planned Developments. S g pp
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
4
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:
Passed:
Vote: Yeas Nays:
Recorded:
Published:
5
Attest:
Dolonna Mecum, City Clerk
F:\Legal Dept\Ordinances\ZoneProp-Comelison PSFR2 Draft Ord 10.31.05-WAC.doc
6
DRAFT (WAC 11/3/05) Ordinance No.
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
(RLF I Parcels—McDonald 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 Plat, prepared by Henderson and Bodwell,
L.L.P., and dated July 27, 2004 last revised October 10, 2005, identified as Stony
Creek East, Stony Creek West and Spring Creek Farms and 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.
GROUP
EXHIBIT
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-
wa but includ
ing ding 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.
2
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. In this PSFR2 zoning district, the site design regulations
I
3
for individual lot development shall be the provisions of Section 19.25.335, Site
Design, of the Elgin Zoning Ordinance.
1. Supplementary Conditions. In this PSFR2 zoning district, The subdivision
layout and residential development shall be designed and constructed in
substantial conformance with the design guidelines applicable to residential
neighborhoods developed in the "Far West' portion of the Elgin Planning
Area, as described in the 2005 Elgin Comprehensive Plan and Design
Guidelines, and the following conditions:
a. Substantial conformance with the Annexation, Zoning and Subdivision
Application and Planned Development Plan for Stony Creek ,
including:
1. Preliminary Plat of Subdivision for Stony Creek East, prepared by
Henderson and Bodwell, LLP, dated July 7, 2004 and last revised
October 10, 2005.
2. Preliminary Plat of Subdivision for Stony Creek West, prepared by
Henderson and Bodwell, LLP, dated July 7, 2004.
3. Preliminary Engineering for Stony Creek East, prepared by
Henderson and Bodwell, LLP, dated July 7, 2004 and last revised
October 10, 2005.
4. Preliminary Engineering for Stony Creek West, prepared by
Henderson and Bodwell, LLP, dated July 27, 2004 and last revised
May 16, 2005.
5. Residential structures shall be designed, constructed and
maintained in conformance with the Architectural Guidelines
(reference Exhibit "J" from annexation agreement) and private
covenants recorded with the subdivision.
6. Preliminary Landscape Plan for Stony Creek East (The Ponds of
Stony Creek), prepared by Signature Design Group, dated
October 24, 2004.
7. Preliminary Landscape Plan for Stony Creek West (Stony Creek),
prepared by Signature Design Group, dated November 15, 2004.
b. The incorporation into final engineering plans and specifications of
engineering and stormwater plans best management practices
recommended by the U.S. Department of Interior, Fish and Wildlife
Service and applicable regulatory agencies at the Stony Creek East and
Stony Creek West planned developments, to the extent that any such
recommended practices are required by the city engineer utilizing
generally accepted engineering practices and do not conflict with local
codes and ordinances.
c. Conformance with all applicable codes and ordinances
4
H. Off-Street Parking. In this PSFR2 zoning district, off street parking shall be
subject to the provisions of Chapter 19.45, Off-Street Parking, of the Elgin
Municipal Code, 1976, as amended.
I. Off-Street Loading. In this PSFR2 zoning district, off street loading shall be
subject to the provisions of Chapter 19.47, Off-Street Loading, of the Elgin
Municipal Code, 1976, as amended.
J. Signs. In this PSFR2 zoning district, signs shall be subject to the provisions of
Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended, 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
5
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:
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Dolonna Mecum, City Clerk
FALegal Dept\Ordinances\ZoneProp-RLF I PSFR2 Draft Ord 10.31.05-WAC.doc
6
Draft (WAC 11/3/05)
Ordinance No.
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE
PCF PLANNED COMMUNITY FACILITY DISTRICT
(RLF I Parcels—McDonald 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 territory:"
Those areas on the attached Zoning Plat, prepared by Henderson and Bodwell,
L.L.P., and dated July 27, 2004 last revised October 10, 2005, identified as Stony
Creek East, Stony Creek West and Spring Creek Farms and designated in the PCF
Planned Community Facility District 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.
GROUP
1 EXHIBIT-
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.
I
i
2
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 provision
s of Chapter 19.47 Of Stree
t Loading.
27. "Parking lots" [S ] (UNCL), exclusively "
"accesso
ry" [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 mounted on
existing structures" [SR] (UNCL).
13. "Conditional Commercial Antenna Tower" [SR] (UNCL).
14. Electric power generation(UNCL).
17. Local and suburban passenger transportation operators (411).
3
18. Local and suburban transit and interurban highway passenger
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).
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. In this PCF zoning district, the site design regulations
for individual parcels designated"park"or"open space"shall be the provisions of
Section 19.30.135, Site Design, of the Elgin Zoning Ordinance.
1. Supplementary Conditions. In this PCF zoning district, the use and
development of land and structures shall also be subject to the following
conditions:
a. Substantial conformance with the Annexation, Zoning and Subdivision
Application and Planned Development Plan for Stony Creek ,
including:
1. Preliminary Plat of Subdivision for Stony Creek East, prepared by
Henderson and Bodwell, LLP, dated July 7, 2004 and last revised
October 10, 2005.
2. Preliminary Plat of Subdivision for Stony Creek West, prepared by
Henderson and Bodwell, LLP, dated July 7, 2004.
4
3. Preliminary Engineering for Stony Creek East, prepared by
Henderson and Bodwell, LLP, dated July 7, 2004 and last revised
October 10, 2005.
4. Preliminary Engineering for Stony Creek West, prepared by
Henderson and Bodwell, LLP, dated July 27, 2004 and last revised
May 16, 2005.
5. Preliminary Landscape Plan for Stony Creek East (The Ponds of
Stony Creek), prepared by Signature Design Group, dated
October 24, 2004.
6. Preliminary Landscape Plan for Stony Creek West (Stony Creek),
prepared by Signature Design Group, dated November 15, 2004.
b. The incorporation into final engineering plans and specifications of
engineering and stormwater plans best management practices
recommended by the U.S. Department of Interior, Fish and Wildlife
Service and applicable regulatory agencies at the Stony Creek East and
Stony Creek West planned developments, to the extent that any such
recommended practices are required by the city engineer utilizing
generally accepted engineering practices and do not conflict with local
codes and ordinances.
c. Conformance with all applicable codes and ordinances
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 e t Loading. In this PCF zoning district
g off-street haling 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
5
r-
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
6
Presented:
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Dolonna Mecum, City Clerk
FAL.egal Dept\Ordinances\ZonePropr-RLF I PCF Draft Ord 10.31.05-WAC.doc
7
ZONING PLAT
BOWES CREEK SITE EXISTOC IIYITS OF
THE CITY OF ELGN" — —
Js "Ja GRAPHIC SCALE
A 3536
J >•
1 eI rtiT l
1 inch = 500 ft
H EBY
ZONED:
PSFR-2
im PRING CR EK
_ FARM
A RES
GATHMAN PARCEL
HEREBY ZONED PSFR-2 CORNELISON CORNELISON PLATO TOWNSHIPPARCEL
STONY CREEK WEST PARCEL
HEREBY ZONED PAB HEREBY ZONED PAB HEREBY ZONED AREA
AREA AREA PSFR-2 25.2 ACRES > �J6 36'
25.27 ACRES a 30.52 ACRES
•J.7 31 s — — J J J
CAMPTON TOWNSHIP
HEREBY HEREBY ZONED PSFR-2
ZONED KA E
PSFR
COUNTY CORNELISON STONY CREEK
FOREST PROPERTY EAST
PRESERVE AREA �IkREA 229.5 ACRES
44.55 ACRES
HEREBY ZONED
PSFR-2
HEREBY
ZONED
PSFR-2 HEREBY ZONED
PSFR-2
STONY CREEK WEST .2 1 — —
AREA 204.0 ACRES J 2 — •2 a — — — — 2rd 1
J
KANE
STONY CREEK WEST COUNTY
AREA FOREST O
169.3 ACRES PRESERVE
HEREBY ZONED O
PSFR-2
U
NOTE: ALL OPEN SPACE PARCELS TO BE ZONED PCF.
PSFR-2
SILVERGLENROAD ( J ZONING
PCF
ZONING
2;12 '
.322 — — /
11:
IHMERSON and BODWELL,L.L.P. t?
Exhibit HD11 "imnaa
124%IW�naan a 6a26.1102 ZONING PLAT
�� FAXNO.")LU43D STONY CREEK
FAX NO.(6J0)S74.pf29
RBVL®/0.10.MW W1E �a
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REVISm 10.19-1PDI ffi•EK Rim= ) r 1
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ZONING: KANE aAr Aaror�a aavraRrgturaaracry x
COUNTY F ro"Ta,aww rawrroriaa�n,aa,eAc maaA+,
Alr lIN1IAlTd TM VNrBAlf arrrnw4 rowrav
r Wa,4 tAll4>a1rr Ol Tai 11a1DIaD�ALlmOUN
A4 GOOraDA/Rp110.!
McDonald Road - ••�- ��
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numo�ll�7stArrllOO�cwYPrwt•� GItAPlaC SCALE
--- mw�aaorss#aaaranawrrorrors
SPACE rv+a�®mrvrowaACTowocvnnn -
OPEN SPACE/ ro rA.rroaun ttc nA rA,aArfr a�aa aam
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.7n7Ir fQlrO wN Ara"Q/n tll aar r halt as n
aaaar�mr r>•urr arsrao cuwa�•..a
5.35 ac. ma iaaOawanmrao�0,an.u.crots
5.79 acre fwnaasroon�nrAr raAcr.raaaaArratr
....... � Acaoa.a�mruro.rAcraArr�arevArAnva
trY nrtrQarr.rarrtnaacap artrra urr
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STATTON _ o
0.92 ac.. - _ ZONING: KANE ••••rr ————
� — —� COUNTY F
OPEN
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COUNTY FOREST uraa;�a
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PRESERVE13
ra 4 \
14.�
G:
ty
� w
AM
OPEN SPACE
DETENTION 17
12.73 ac. i I,. rr re.. w Z
- site data
35:i lob �
12,900 sq.1L minimum 16413,730 sq.ft.average lot
90'min.width,30'front setback
AREA IN OPEN SPACE/DETENTION/PARKS (parks are 5.79 and 4.46 ores) 78.44
_ oar AREA IN LOTS 111.90
i Padd&dW Lead md fl S
L3a war 22ad saaet suite 210
AREA IN LIFT STATION 1.01
n�K
l / Oak a'°O1t'tt 6023 AREA IN RIGHT-0E-WAY
(6,w)s7soe6o 38.19
TOTAL AREA 229.54
Land PLaamm Evpww GROSS DENSITY
aSwvrvr: 1.59DU/AC SHEET
i Eaomde and Bodwdl EXISTING ZONING: KANE COUNTY F
Led west
bwK L vQ 0126 e,r PROPOSED ZONING: ELGIN PSFR-2&PCF 1
Elm6arrt,2 6o/z6
LOCATION MAP ( )
or 2
. " ZONING: FI
LAND USE:
RURAL RESIDENTIAL
13
14
ZONING: KANE
" I:'® .,. CCHINTY P.U.D.
OPEN SPACE
DETENTION 17
12.73 ac. .r.� " ; I. .� ".. .�".. W,•
18
ZONING:KANE =� I� f �,I
COUNIYFOREST _
PRESERVE y
MI
LAND USE., +. », '—'---
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0»... DETENTION 8 s
AM ! .� ... 41.73 ac. 21
b h
23
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19
w COUN"P.uu 4
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. � OPEN SPACE/
r DETENTION a
6.38 ac. 7
.I
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OUNTY F
2
Of 2
i SITE DATA (overall)
zoning: 5731ots
F 12,000 sq. ft. minimum lot
1
13,516 sq. ft. average lot '
~ 90'min. lot width
� Ao
30'front building setback N
h
OPEN SPACE _______ total site area: 373.23 acres w $
--------- ---- -------- -LL=- area in R.O.W. 67.34 ac.
area in open space 107 57 ac.
i zoning. — , parks 19.71 ac.
n
area in lots 177.80 ac. �! g
lift station 0.77 ac. W a
a.�rw N1tlY Ae 44
gross density 1.54 du./ac.
current zoning: Kane County M
YCYr R MAR CI .c rI4R tlrrR O M+rY.. ,R tl.rr�
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o�.. R ' '" ) r proposed zoning: Elgin SFR2
C Crgwlgw. �Ow. Crow.uio.a .Irrw M.iJ.. .IC..O.. r4 drgR W+
i
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42
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Institutional/Open Space '03AC �� =
i 7,01=g:Yam
I C
OPEN SPACE/ Counety LBaALDMMWTM
DETENTION
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EXHIBIT F-3
The following comments/revisions are incorporated into the Preliminary Engineering Plans for
Stony Creek East prepared by Henderson and Bodwell L.L.P. dated July 27, 2004, last revised
October 10, 2005:
1. Typical Road Cross Section. Sidewalk should be 5 feet width.
2. Typical Road Cross Section. All utilities should be included (fire hydrant, street light,
gas main, electric/phone cable, tree).
3. Water main should be extended to parcel limits, east and west, along McDonald Road.
4. Clear determination of private storm sewers should be included (current design does not
provide for hard surfaces access to storm sewers outside of the right-of-way, making it
very difficult or impossible to inspect and maintain).
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CON91lT EERS
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■■■■■■■■■■ - PROPOSED EASEMENTS
SHEET
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PROJECT NAME: RLF I(Stony Creek E&W)
Location SW,or EXHIBIT H: IMPACT FEE CHART
Sewer Recapture
(North Bowes Randall,Sleepy Hollow, Bowes Creek
Tyler Creek,Bowes Road,Bowes Creek,NIA)
School Land a :"SetoisilTransition Park Land Park Capital Water Sewer Recapture Library Public Safety
Project Per Unit Fee' Per Unit Fee' Per Unit Fee Per Unit Fee' Per Unit Fee' Per Unit Fee' Per Unit Fee 45 Per Unit Fee° Per Unit Fee Per Unit ree" PROJECT
Numbers Project Fee Project Fee Project Fee Project Fee Project Fee Project Fee Project Fee Project Fee Project Fee Project Fee SUBTOTALS
Detached Single-Family Residences
$29245 $450.ff $513.97 $1,441.37 $481,89 $1,300.00 $831.00 $1,973.27 $111.46
m $713.55
2-bedroo units: 0 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $o.00 $0.00 $0.00 $0.00
$1,071.31 $1,830.31 .. $2,095.02' $2,071.85 $692.79: $1,300.00 $831.00 $1,973.27 ;iti0.63 $713.55
3-bedroom units: 1 $1,071.31 $1,830.31 $2.095,02 $2,071.65 $692.79 $1.300.00 $831.00 $1,973.27 $160.63 $713.55 $12,739.53
$1,774.70 33,115.75 $3,W5.00 $2,689.79 $900.41 $1,300.00 $831.00 $1,973.27 $207A2 $713,55
4-bedroom units: 1 $1.774.70 $3,115.75 $3;605.00 $2,689.79 $900.41' $1,300.00 $831.00 $1,973.27 $207.62 $713.55 $17,111.09
$1,351.72 $2,441.10 $Z795.42 $$694.08 $901.50 $1,300.00 $831.00 $1,973.27 $208.71 $713.55
5+bedroom units: 1 $1,351,72 $2,441.10 $2,795.42 $2.694.08 $901.50 $1,300.00 $831,00 $1,973.27 $208+71 $713.55 $15,210.35
Attached Single-Family Residences
$0.00 $0.00 $0.00 $852.53 $285.20 $1,300.00 $831.00 $1,973,27 $65,56 $713.55
1-bedroom units: 0 $0.00 $0.00 $0.00 $0.00 $0.00_ $0.00 $0.00 $_0.00 $_0.00 $0,00 $0.00
$257.88 $434.56� $496.46 $1,422.07 �$475.34 $1,300.00 $831.00 $1,973.27 $109.27 $713,55
2-bedroom units: 1 $257.88 $434.66 $496.46 $1,422.07 $475.34 $1,300.00 $831.00 $1,973.27 $109.27 $713.55 $8,013.50
$499.40 $794,13 S90949 $1,709.35 $571.50 $1,300.00 $831.00 $1,973.27 $132.22 $713,55
3-bedroom units: 1 $499.40 $794.13 $909.49 $1,709.35 $571.50 $1,300.00 $831.00 $1.973.27 $132.22 $713.55 $9,433.91
$959.84 51,658.24 $1,896.23 $2,247.45 $751.80 $1,300.00 $831.00 $1,973.27 $173.74 $713.65
4-bedroom units: 1 0 $0.00 $0.00 $1,895.23 $0.00 1 $0.00-1 $0.00 1 $0.00 $0.00 $0.00 $0.00 $0,00
Non-Residential
$0.00 $0.00 E0.00 $0.00 $0.00- $305,00 $2,333,96 $0.00 $163,91
Commercial square footage: 1,000 $0.00 $0.00 $0,00< $0.00 $0.00 TBDa $305.00 $2,333.98 $0 00 $163.91 $2,802-89
Note: "SW"s south of Highland and west of or immediately east of Randall Road;'NW's north of Highland and west of or immediately east of Randall Road.
Note: For Non-Residential,a'Unir is 1,000 square feet of floor area.
Note: Water fees are based upon the water service size. This table assumes one 1-inch service per attached or detached SFR. The fee for a 1 inch or smaller service is$1,300. Fees for larger services are listed below:
1.25'service: $2,030 1.5'service: $2,910 2'service: $5,160 4'service: $20,680 Service>4': $25,000
Note: The public safety contribution is applicable only in the west(SW and NW). The maximum public safety contribution for a non-residential building is$27,318
Note: The maximum sewer recapture fee for a non-residential building is$50.000.
Note: For the SW area,the roadway improvement contribution is$1,973 per residential unit,$2,334 per 1,000 s.f.of commercial,and$2,334 per 1.000 s.f.of industrial. For other areas,the contribution is dependent upon arterial road frontage.
The maximum roadway contribution for a non-residential building is$53,045.
NOTE:THE PUBLIC SAFETY BUILDING PROJECT FEE FOR THE STONY CREEK EAST,STONY CREEK,WEST,AND SPRING CREEK FARMS PROPERTIES SHALL BE$3,161.22 PER DWELLING UNIT(ADJUSTED UPWARD AT AN ANNUAL RATE OF 3%).
EXHIBIT I
LEGAL DESCRIPTION OF THE BALANCE OF THE REAL ESTATE ADJACENT
TO THE GATHMAN PARCEL OF WHICH THE GATHMAN FAMILY IS THE
CURRENT RECORD OWNER
The East Half of the Southeast Quarter of Section 35, Township 41 North, Range
7 East of the Third Principal Meridian, in the Township of Plato, Kane County,
Illinois, excepting therefrom the Westerly 300 feet thereof, as measured
perpendicular to the Westerly line thereof, and also excepting therefrom the
South 300 feet thereof, as measured perpendicular to the Southerly line thereof.
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STONY CREEK EAST AND STONY CREEK WEST THE"SUBDIVISION'
ARCHITECTURAL REVIEW COMMITTEE:
ARCHITECTURAL GUILDELINES:
DESIGN AND LANDSCAPE
SECTION 1. Creation and Appointment of Architectural Review Committee.
A. There is hereby established a Architectural Review Committee, the members of
which shall initially consist of three (3)persons, as appointed from time to time
by the Developer. The Developer shall retain the exclusive right to appoint,
augment or replace all members of the Architectural Review Committee until
each Dwelling Lot, not including Exempt Lots,have been improved with a
dwelling. "Exempt Lots" are those Dwelling Lots owned and developed by
"Neighborhood Developers", as that term is hereinafter defined. Thereafter,
members of the Architectural Review Committee shall be appointed by the Board
of the Association. Persons appointed to the Architectural Review Committee,
other than those persons appointed by Developer,must be Members or satisfy
such other requirements as may be set forth in the Architectural Guidelines.
B Any party purchasing twenty-five(25) or more Dwelling Lots within the Project
shall be deemed a"Neighborhood Developer". A Neighborhood Developer may
have all of its home designs and landscape designs pre-approved by the
Developer, and so long as the Neighborhood Developer shall build the pre-
approved models they shall be free of the policies and procedures of the
Architectural Review Committee,but shall nevertheless be required to comply
with the design and development requirements set forth in this Declaration. The
Neighborhood Developers shall be free to build the pre-approved models on any
Dwelling Lot within the neighborhood purchased by the Neighborhood
Developer, or any other lot("Exempt Lots") in the Subdivision. All single family
attached housing to be developed in the Subdivision shall be pre-approved by the
Developer and shall not require the approval of the Architectural Review
Committee but shall nevertheless be required to comply with the design and
development requirements set forth in this Declaration.
C. Other than as noted above, the Architectural Review Committee shall have the
duty, responsibility and authority to review and approve all plans for the
construction of any Dwellings and related improvements, including, without
limitation, landscaping,upon any of the Dwelling Lots.
D. The plans and specifications submitted to the Architectural Review Committee
must be adequate to allow the Architectural Review Committee to make a
determination of compliance with the matters set forth in this article,both for site
plans and for plans and specifications for the Dwelling. The plans and
specifications shall include, among other things, a fully developed site plan
showing the footprint of the Dwelling; the elevation,building materials and colors
of all exterior materials; existing topography,proposed topography, any changes
EXHIBIT ..
i
in the natural drainage system, driveways and other similar improvements; and a
full and complete landscaping plan.
SECTION 2. Architectural Guidelines. The following architecture design,building material and
landscaping guidelines (collectively the"Architectural Guidelines") are adopted to insure the
quality and value of the neighborhood within the Subdivision. The Architectural Guidelines
shall be deemed to be a part of the Association's records. All residential structures on the
Property, including but not limited to those located on Exempt Lots, shall be constructed in
compliance with the Architectural Guidelines. The Architectural Guidelines are as follows:
A. No single story detached Dwelling will be less than 2,000 square feet in floor
area, excluding garages,basements, cellars, attics, walk-outs or other similar
spaces.
B. No detached Dwelling having more than one story will be less than 2,400 square
feet in floor area, excluding garages,basements, cellars, attics, walkouts or other
similar spaces.
C. All roofs shall be pitched, either gable or hip style. The minimum roof pitch shall
be 6/12. Flat roofs are specifically prohibited.
D. 100% of the elevations wall surfaces below the eave shall be constructed with
brick, stone,wood, Hardie Board plank, SMARTSIDE or SMARTLAP, or
cultured stone(collectively"Natural Materials"). This provision shall not be
construed to prohibit light-gauge vinyl clad or aluminum to be used for soffits,
facia, second floor peaks, gutters and downspouts.
E. Light-gauge vinyl siding, light-gauge aluminum siding, Masonite, glazed brick,
non-overlapping cedar siding,imitation brick, exposed concrete or exposed cedar
block are not permitted to be used as exterior wall siding.
F. Side entry garages shall comply with the requirements set forth in the City of
Elgin Ordinance number
i. Side-entry garages should be designed and oriented to provide access to
parking bays via a side entry, with driveway access not crossing in front of
the main entry to the residence. In this case, at least one-third of the
garage width should be located behind the fagade of the residence.
ii. Side-entry garages should feature window and door fenestration, and other
architectural elements that match or complement those same design
elements on the residence.
G. No two (2)homes of like exterior design may be constructed on the same side of
the streets unless such buildings are separated by two (2) or more buildings or
building sites or combination thereof or completely dissimilar design. Buildings
of like exterior design may not be erected directly across the street from each
other. All buildings shall be considered to be of"like exterior design" unless they
have different elevations and are different in exterior appearance by virtue of their
materials or colors.
H. All gutters will be in neutral colors so as to be inconspicuous.
I. Each house shall have at least a three-car garage.
J. A chimney may be constructed of any of the materials that would have been
permitted on the side or real exterior walls of the structure (as set forth in
subparagraph D above).
K. External television antennas and satellite dishes in excess of three (3) feet in
diameter are prohibited.
L. Overnight parking or storage of trucks, recreational vehicles, boats or trailers
upon the driveways, street or side-yards is prohibited. Storage of trucks,
recreational vehicles, boats and/or trailers must be kept in enclosed attached
garage space.
M. Each Dwelling constructed on a Dwelling Lot shall be fully landscaped (as
hereinafter defined)prior to its initial occupancy(or if weather does not permit,
then a bond or other collateral shall be posted with the City, to ensure the
achievement of full landscaping as soon as weather permits. The minimum
landscaping required for a Dwelling Lot to be considered"Fully Landscaped"
shall be:
i. Front and side yards shall be sodded;
ii. Rear yards seeded;
iii. Sufficient foundation plantings to screen the front-facing building
foundation. All plant material shall be appropriate to the climate of the
area.
SECTION 3. General Administrative Provisions for Architectural Guidelines.
A. The Architectural Review Committee may assess fees in connection with its
review of plans and specifications (See Section 6 below).
B. The address of the Architectural Review Committee shall be the address
established for giving notice to the Association, unless otherwise specified in the
Architectural Guidelines.
C. The Architectural Review Committee, its agents or consultants shall have the
right to inspect the improvements upon giving of reasonable notice to the Owners.
D. The Architectural Review Committee shall approve or disapprove any plans and
specifications submitted to it in accordance with the Architectural Guidelines within a
reasonable period of time (not to exceed 21 days). If plans are disapproved, the
reasons for such disapproval shall be communicated to the applicants (See Section 6
below).
SECTION 4. Non-Liabilityfpproval of Plans. Plans and specifications approved by the
Architectural Review Committee as to style, exterior design, appearance and locations, shall not
be construed as approval of the structural integrity, engineering design, or compliance with
zoning and building ordinances. By approving such plans and specifications, neither the
Architectural Review Committee, the members thereof, the Association, the officers of the
Association, any Member, the Board nor the Developer or Owner or any professional consultant
engaged by the Architectural Review Committee, assumes any liability or responsibility
therefore, or for any defect in any Structure constructed from such plans and specifications.
Neither the Architectural Review Committee, any member thereof, the Association, the officers
of the Association, any Member, the Board, nor the Developer or Owner shall be liable to any
Owner or other Person for any damage, loss or prejudice suffered or claimed on account of(a)
the approval or disapproval of any plans, drawings and specifications, whether or not defective,
(b) the construction or performance of any work,whether or not pursuant to approved plans,
drawings and specifications, (c)the development, or manner of development of any property
within the Subdivision, or(d) the execution and filing of an estoppels certificate pursuant to the
Architectural Guidelines, whether or not the facts therein are correct; provided, however, that
such action, with the actual knowledge possessed by such party, was taken in good faith.
Approval of plans and specifications by the Architectural Review Committee is not, and shall not
be deemed to be a representation or warranty that said plans or specifications comply with
applicable governmental ordinances or regulations including but not limited to; zoning
ordinances and building codes.
SECTION 5. Additional Powers of the Board. Until the Developer loses the exclusive right to
appoint the members of the Architectural Review Committee(as provided in Section I of
Article I above), the Developer shall have the exclusive right and power(the"Amendatory
Power"), in its sole discretion, to supplement, modify or amend the Architectural Guidelines and
other provisions within this Article I. Once the Board takes over from the Developer the right to
appoint the members of the Architectural Review Committee, the Board(and not the Developer)
shall have the Amendatory Power described in this Section 5.
SECTION 6. Procedure for Approval of Plans and Specifications. All plans, specifications and
other materials pertinent to any proposed construction shall be submitted in triplicate to the
Architectural Review Committee with the payment of a one-time application fee of$300.00.
(Beginning in 2003, said application fee may, at the discretion of the Architectural Review
Committee, be increased by 5%per year). A report in writing setting forth the decisions of the
Architectural Review Committee and the reasons therefore shall thereafter be transmitted to the
applicant within twenty-one (21)business days after the date of filing of all required plans,
specifications and other materials by the applicant. Lot owners are encouraged to submit
preliminary sketches for"informal comment"prior to the submission of architectural drawings
and specifications for full review.
SECTION 7. No Construction. No Owner shall commence any construction on a Dwelling Lot
requiring approval from the Architectural Review Committee without first obtaining such
approval. If any Owner shall violate the provisions in the preceding sentence, the Architectural
Review Committee shall have the right, at is election, to (i) obtain an order of court enjoining
such violation and(ii) recover from the Owner the costs and expenses (including reasonable
attorney's fees) incurred by the Architectural Review Committee in such proceeding.
SECTION 8. Assignability. The functions of the Architectural Review Committee under this
article may be delegated to another qualified person or entity to act as the agent of the
Architectural Review Committee.
SECTION 9. Compliance with Other Laws. Nothing herein shall relieve any Owner of the
obligation to comply with all other applicable laws, codes and ordinances, including, without
limitation, the necessity of obtaining building permits prior to the commencement of
construction.
SECTION 10. Approved Elevations. The proposed exterior elevations attached hereto as
Exhibit A are the elevations that have been approved for used by Ryland Homes in Stony Creek
East.
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1
OF 1
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.
1. 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. all easements have been secured.
iii. the plans have been approved by the City's Engineering Division
and FRWRD.
iv. the developer has agreed to set up an escrow account with the City
to fund the full time inspection as required under FRWRD's
regulations. See Construction Administration.
c. If proposed plan affects the service area (changes in route, size, depth,
etc.) as depicted in the Sewer Study, developer shall pay the City to have
the alternative reviewed by Baxter and Woodman.
d. The location of interceptor sewers shall be carefully considered in terms of
future maintenance. Sewers located near stormwater facilities must be
accessible (via excavation) during normal conditions. Sewers located
within the limits of stormwater facilities must be placed in casings and
designated pit locations reserved.
e. The City is concerned with the proposed placement of 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. Interceptors to be Owned b the 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.
FALe awl DEptWgreemenffar West Interceptor Sewer Policy-4-30-03-WAC.doc
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