HomeMy WebLinkAbout06-283Resolution No. 06-283
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT TO
ANNEXATION AGREEMENT WITH PULTE HOME CORPORATION
(Pulte Active Adult Resort Community -Edgewater)
WHEREAS, the owners of certain property commonly known as Edgewater at 2700 Bowes
Road, Elgin, Illinois, have proposed that the annexation agreement between the owners and the City
of Elgin concerning said property be amended; and
WHEREAS, after due notice as required by law, a public hearing on said proposal was held
by the corporate authorities of the City of Elgin; and
WHEREAS, the proposed an Amendment to Annexation Agreement with Pulte Home
Corporation is in the best interests of the City of Elgin.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby
authorized and directed to execute, on behalf of the City of Elgin, the Amendment to Annexation
Agreement with Pulte Home Corporation, a copy of which is attached hereto.
s/ Ed Schock
Ed Schock, Mayor
Presented: November 29, 2006
Adopted: November 29, 2006
Omnibus Vote: Yeas: 7 Nays:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AMENDMENT TO ANNEXATION AGREEMENT
(Pulte Active Adult Resort Community)
THIS AMENDMENT TO ANNEXATION AGREEMENT, made and entered into
this 2 9 day of Alc V E m t3 eR , 2006, by and between THE CITY OF ELGIN, a municipal
corporation of the Counties of Kane and Cook, State of Illinois (the "City"), and PULTE HOME
CORPORATION, a Michigan corporation ("Owner");
WITNESSETH:
WHEREAS, Owner and other individuals who were then owners of the real property
defined therein as the "Subject Property" and the City executed an Annexation Agreement dated
June 11, 2003 (the "Agreement"); and
WHEREAS, Owner has acquired title to all of the Subject Property; and
WHEREAS, Owner and the City have entered into a certain Exchange Agreement
whereby Owner shall convey title to a part ("City Parcel") of that portion of the Subject Property
lying west of the "New Collector Street," as defined in the Agreement; and
WHEREAS, the City Parcel is currently zoned PSFRI Planned Single Family Residence
District, but the use thereof contemplated by the City requires CF Community Facility District
zoning; and
WHEREAS, Owner desires to amend the 'Private Covenants," as defined in the
Agreement; and
WHEREAS, the City desires to accommodate the proposed rezoning of the City Parcel
and the amendment of the Private Covenants; and
WHEREAS, it is necessary to amend the Agreement in order for Owner to proceed with
such proposed rezoning and amendment.
NOW, THEREFORE, for and in consideration of the premises and the mutual promises
and agreements herein contained and pursuant to the authority and conditions given and
contained in the statutes of the State of Illinois, the parties hereby agree as follows:
A. This Amendment is made pursuant to and in accordance with the provisions of
Section 11 of the Illinois Municipal Code (65 ILCS 5/11-15.1-1 et. seq.) and in the exercise of
the home rule power of the City.
B. Exhibit "P' attached hereto and by this reference incorporated herein contains the legal
description of the City Parcel. Exhibit "C-1" of the Agreement is hereby amended by deleting
zonin6\V1mdgw5.amd
from the legal description of the portion of the Subject Property zoned PSFRI Planned Single
Family Residence District the real estate described on Exhibit "I". It is agreed that the City
Parcel shall be rezoned by the City into the CF Community Facility zoning district and the City
covenants and agrees that it shall pass an ordinance reclassifying the City Parcel in such CF
Community Facility zoning district within thirty (30) days after the execution of this
Amendment. Exhibit "C-2" of the Agreement is hereby amended by amending the text in
Section 2G10 relating to age restrictions to read asset forth in Exhibit III attached hereto. The
City covenants and agrees that it shall pass an ordinance amending Ordinance G40-05, which
was the previously enacted ordinance regarding Exhibit "C-2", in the form as set forth in Exhibit
III within thirty (30) days after the execution of this Amendment..
C. The City acknowledges and agrees that Pulte shall have no further duty or obligation,
if any, with respect to the improvement of that portion of Water Road fronting the City Parcel.
Notwithstanding the foregoing, it is agreed and understood that Pulte shall provide at its cost for
the construction of the cul-de-sac for Water Road.
D. The Private Covenants attached to the Agreement as Exhibit "J" is hereby deleted
from the Agreement in its entirety and Exhibit "II" attached hereto and by this reference
incorporated herein is substituted in its place.
E. In the event of any conflict between the terms of this Amendment and the terms of the
original Agreement, the terms of this Amendment shall control.
F. In all other respects the Agreement shall remain in full force and effect as originally
written, as previously amended, and as amended herein.
G. This Amendment and the obligations of the parties pursuant hereto are subject to and
contingent upon the parties completing the land conveyances as set forth in the Exchange
Agreement entered into between the parties simultaneously with the entry into this Amendment.
SIGNATURES ON NEXT PAGE
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CITY OF ELGIN, ILLINOIS
ATTEST:
By:
City Clerk
PULTE HOME CORPORATION
By: _ S--
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LEGAL DESCRIPTION OF PROPOSED FIRE STATION
EDGEWATER DEVELOPMENT
THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29,
TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KANE
COUNTY, ILLINOIS DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER THENCE;
NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST, 535.09 FEET ALONG THE WEST
LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE NORTH 88
DEGREES 55 MINUTES 24 SECONDS EAST, 33.00 FEET TO A POINT ON A LINE 33.00
FEET EASTERLY OF AND PARALLEL WITH THE LAST DESCRIBED COURSE, SAID POINT
BEING THE POINT OF BEGINNING; THENCE NORTH 01 DEGREES 04 MINUTES 36
SECONDS WEST, 725.00 FEET ALONG SAID PARALLEL LINE; THENCE NORTH 88
DEGREES 55 MINUTES 24 SECONDS EAST, 209.50 FEET; THENCE SOUTH 01 DEGREES
04 MINUTES 36 SECONDS EAST, 556.83 FEET TO A POINT OF CURVATURE; THENCE
SOUTHERLY 160.56 FEET ALONG THE ARC OF SAID CURVE CONCAVE WESTERLY
HAVING A RADIUS OF 460.00 FEET, A CHORD BEARING SOUTH 08 DEGREES 55 MINUTES
22 SECONDS WEST AND A CHORD DISTANCE OF 159.75 FEET; THENCE SOUTH 18
DEGREES 55 MINUTES 21 SECONDS WEST, 16.60 FEET TO A POINT OF CURVATURE;
THENCE SOUTHWESTERLY 15.30 FEET ALONG THE ARC OF SAID CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 10.00 FEET, A CHORD BEARING SOUTH 62
DEGREES 45 MINUTES 37 SECONDS WEST AND A CHORD DISTANCE OF 13.85 FEET TO
A POINT OF REVERSE CURVATURE; THENCE WESTERLY 70.95 FEET ALONG THE ARC
OF SAID REVERSE CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 230.00 FEET, A
CHORD BEARING NORTH 82 DEGREES 14 MINUTES 22 SECONDS WEST AND A CHORD
DISTANCE OF 70.67 FEET; THENCE SOUTH 88 DEGREES 55 MINUTES 24 SECONDS
WEST, 93.82 FEET TO THE POINT OF BEGINNING.
CONTAINING 150,506 SQUARE FEET (3.46 ACRES) MORE OR LESS.
PREPARED OCTOBER 18, 2005
PREPARED BY:
MANHARD CONSULTING, LTD.
2050-50 FINLEY ROAD
LOMBARD, IL 60148
PHONE (630) 691-8500
EXHIBIT
1
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2006KO97840
201)6FS097840
SANDY YEGNAN
RECORDER - KANE COUNTY, IL
RECORDED:09/07/2W 11:24AA
REC FEE: 28.00 RHSPS FEE: 10.N
PAGES: 7
(The Above Space for Recorder's Use Only)
SECOND AMENDMENT TO
DECLARATION OF COVENANTS, CONDITIONS, AND
RESTRICTIONS FOR
EDGEWATER BY DEL WEBB
This Second Amendment to Declaration of Covenants, Conditions, and Restrictions for
Edgewater by Del Webb (this "Amendment") is made as of the day of August, 2006 by
PULTE HOME CORPORATION, a Michigan corporation (hereinafter referred to as
"Declarant").
WITNESSETH:
WHEREAS, Declarant is the Declarant under that certain Declaration of Covenants,
Conditions, and Restrictions for Edgewater by Del Webb recorded September 15, 2005 as
Document No. 2005K109929 with the Kane County, Illinois Recorder of Deeds, as amended
from time to time (the "Declaration"); and
WHEREAS, Article Seven of the Declaration grants Declarant the right to add any or all
portion or portions of the Development Area (defined as the real estate within the area described
on Exhibit B to the Declaration or any real estate which is adjacent to the Development Area or
separated from such real estate by a dedicated right of way, forest preserve or other real estate
which is dedicated to or owned by a governmental entity) as part of the Properties which are
subject to the Declaration; and
WHEREAS, under the terms of the Declaration, portions of the Development Area may
be added to the Properties and designated as Dwelling Units, Common Area or Limited Common
Area and categorized into various Neighborhoods, all as defined under the Declaration; and
CHOI/ 12487187.1
i EX4IIBIT � -
WHEREAS, Declarant desires to annex certain land which is owned by Declarant and is
contained within the Development Area as a part of the Properties, which is legally described on
Exhibit A attached hereto and incorporated herein.
WHEREAS, the Properties subject to the terms and conditions of the Declaration are
located in Elgin, Illinois and are legally described in Exhibit A attached hereto and incorporated
herein.
WHEREAS, the City of Elgin has requested that Declarant amend the Declaration to
provide the City with certain additional rights with respect thereto.
WHEREAS, Section 16.2 of the Declaration permits Declarant to amend the Declaration
in order to satisfy the requirements of any local, state or federal governmental agency for the
development, marketing, and sale of Dwelling Units.
NOW, THEREFORE, Declarant, for the purposes above set forth, does hereby declare
that the Declaration is amended as follows:
I. The recitals above are hereby incorporated herein and made a part hereof. All
capitalized terms used herein shall have the same meaning as in the Declaration unless otherwise
defined herein.
2. The certain real estate described as the Properties and further designated as either
Dwelling Units, Common Area or Limited Common Area as well as the Neighborhood
classification on Exhibit A to this Amendment attached hereto and made a part hereof is hereby
annexed to the Properties and the same shall be and become part of the Properties and shall be
held, sold and conveyed subject to the easements, restrictions, covenants and conditions
contained in the Declaration and applicable to Dwelling Units, Common Area, or Limited
Common Area, as the case may be, which shall run with the real property described on Exhibit A
attached hereto and be binding on all parties having any right, title or interest therein or any part
thereof, their heirs, successor and assigns and shall inure to the benefit of each Owner thereof.
3. Section 2.5 of the Declaration is hereby revised by adding the following language
at the end thereof:
"The City shall also have the authority, but not the obligation, to
enforce the provisions of this Section by an action in law or in equity,
including, without limitation, an injunction requiring specific
performance hereunder. The Association and Owners of Dwelling
Units shall be required to produce to the City any and all documents
and records requested by the City in connection with any investigation
or enforcement action by the City regarding compliance with the
provisions of this Section."
CHOU 12483187.1
4. Section 9.3 of the Declaration is hereby revised by adding the following additional
language at the end thereof:
"Notwithstanding anything to the contrary in this Section or in this
Declaration, the Design Guidelines shall be in conformance with the
terms and conditions of the Annexation Agreement for the Properties
dated June 11, 2003, as amended, and the planned development
ordinances for the Properties, including, without limitation, any
requirements relating to building elevations and building materials."
5. Section 9.8 of the Declaration is hereby revised by adding the following additional
new paragraph to the end thereof:
"In addition to the foregoing, the City shall have the authority, but not
the obligation, in addition to any other remedies available to the City,
to enforce the provisions of Article D{ by an action in law or in equity,
including, without limitation, an injunction requiring specific
performance hereunder. The Association and Owners of Dwelling
Units shall be required to produce to the City any and all documents
and records requested by the City in connection with any investigation
or enforcement action by the City regarding compliance with the
provisions of Article IX"
6. Section 16.1 of the Declaration is hereby revised by inserting after the word
"Properties" in the fourth line thereof, the phrase "by the City."
7. Section 16.2 of the Declaration is hereby revised by adding a new fifth paragraph
thereto to read as follows:
effect.
"No amendment to the Declaration, or changes to the Design
Guidelines promulgated thereunder, affecting house design issues
(including, but not limited to, lot size, square footage of buildings,
building materials, building elevations or garage design) that would
result in a violation of the requirements of the Annexation Agreement
for the Properties dated June 11, 2003, as amended, and the planned
development ordinances for the Properties without the advance
written consent of the City. In addition, no amendment to the
Declaration affecting age restrictions or any other provision that
would remove, revoke or modify any right or privilege of the City
shall be made without the advance written consent of the City."
8. In all other respects the Declaration shall remain unmodified and in full force and
(Signature page follows]
CHOI/ 12483187.1
3
IN WITNESS WHEREOF, the undersigned Declarant has hereunto set its hand and seal
on the date first above written.
PULTE HOME CORPORATION,
a Michigan corporation
ti
By:
and
M
Its: Attorneys -in -Fact
This Document Prepared by and
After Recording Return to:
William L. Goldbeck
GARDNER CARTON & DOUGLAS LLP
[north Wacker Drive 3
Suite
te 3700
Chicago, Illinois 60606-1698
CHOU 12483187.1 (�
STATE OF ILLINOIS )
)SS
COUNTY OF KANE )
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
i,
HEREBY CERTIFY that I1�l�i_S112cil0ab and
v T I /iFl as Attorneys -in -Fact for Pulte Home
Corporation, are personally known to me to the same persons whose names are subscribed to the
foregoing instrument as such Attorneys -in -Fact, respectively, appeared before me this day in
person and severally acknowledged that they signed and delivered the said instrument and caused
the corporate seal of said corporation to be affixed thereto, pursuant to authority granted by the
aforesaid resolutions of the Board of Directors of said corporation to be affixed thereto, pursuant
to authority granted by the aforesaid resolutions of the Board of Directors of said corporation, as
their free and voluntary act and deed of said corporation, for the uses and purposes therein set
forth.
-114
Given under my hand and official seal this %day of August, 2006.
,1
Notary Public
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Bt €INADE7 TE E. Fr1TS
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CHOU 12483187.1
EXHIBIT A
to Second Amendment to
Declaration of Covenants, Conditions, and Restrictions for
Edgewater by Del Webb
Legal Description of Property Bound by the Declaration
1. Properties
Lots 572 through 825, both inclusive, and Lots Q, R, S, T, U, V and W in Edgewater Subdivision
Phase 3, being a subdivision of part of the East Half of the Northwest Quarter of Section 29,
Township 41 North, Range 8 East of the Third Principal Meridian according to plat of
subdivision recorded on June 23, 2006 as Document No. 2006K068247, in Kane County, Illinois.
II. Dwelling Units
Lots 572 through 825, both inclusive, in Edgewater Subdivision Phase 3, being a subdivision of
part of the East Half of the Northwest Quarter of Section 29, Township 41 North, Range 8 East
of the Third Principal Meridian according to plat of subdivision recorded on June 23, 2006 as
Document No. 2006K068247, in Kane County, Illinois.
III. Common Area
Lots Q, R, S, T, U, V and W in Edgewater Subdivision Phase 3, being a subdivision of part of the
East Half of the Northwest Quarter of Section 29, Township 41 North, Range 8 East of the Third
Principal Meridian according to plat of subdivision recorded on June 23, 2006 as Document No.
2006K068247, in Kane County, Illinois.
IV. Limited Common Area
None.
CHOU 12483187.1 (0
V. Neighborhoods
Neighborhood One:
None.
Neighborhood Two:
None.
Neighborhood Three:
Lots 572 through 635, both inclusive, in Edgewater Subdivision Phase 3, being a subdivision of
part of the East Half of the Northwest Quarter of Section 29, Township 41 North, Range 8 East
of the Third Principal Meridian according to plat of subdivision recorded on June 23, 2006 as
Document No. 2006K068247, in Kane County, Illinois.
Neighborhood Four:
Lots 636 through 825, both inclusive, in Edgewater Subdivision Phase 3, being a subdivision of
part of the East Half of the Northwest Quarter of Section 29, Township 41 North, Range 8 East
of the Third Principal Meridian according to plat of subdivision recorded on June 23, 2006 as
Document No. 2006K068247, in Kane County, Illinois.
Neighborhood Five:
None.
VI. Neighborhood Facilities
None.
PIN: Part of 06-29-100-004
Address of Property: Vacant lots north of Bowes Road and East of South Water Road, Elgin,1L.
CHOI/ 12483187.1