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HomeMy WebLinkAbout19-116 Resolution No. 19-116 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH MORNINGSIDE CAPITAL, LLC, AN ILLINOIS LIMITED LIABILITY COMPANY, SUSAN L. METZGER, AS TRUSTEE OF THE SUSAN L. METZGER TRUST DATED JUNE 6, 2002 AND MARY G. METZGER, AS TRUSTEE OF THE GEORGE G. METZGER AND MARY G. METZGER REVOCABLE TRUST DATED NOVEMBER 16, 1998 (1620 Villa Street, Elgin, Illinois) WHEREAS,the owners of record of certain territory described in Exhibit A, attached hereto and made a part hereof by reference, desire annexation of said territory to the City of Elgin; and WHEREAS, said territory is not a part of any other municipality and is contiguous to the City of Elgin; and • WHEREAS, no electors reside on the subject territory; and WHEREAS,the corporate authorities of the City of Elgin desire to annex said territory upon certain terms and conditions; and WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a public hearing has been held after due notice as required by law and all persons appearing and • wishing to testify concerning the proposed annexation agreement have been heard; and WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin that it is'in the best interests of the City of Elgin to enter into said annexation agreement as proposed. • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:' Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute on behalf of the City of Elgin an annexation agreement in the form attached hereto as Exhibit A and incorporated herein by reference. Section 2. That this resolution shall be effective from and after its passage as provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: July 24, 2019 Adopted: July 24, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk EXHIBIT A LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERN MOST CORNER OF ROUTE 20 (LAKE STREET) RIGHT OF WAY CONVEYED BY DOCUMENT 050274933,RECORDED JANUARY 27,2005;THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID RIGHT OF WAY, 61.62 FEET;THENCE SOUTH 67 DEGREES 55 MINUTES 00 SECONDS WEST;ALONG SAID WESTERLY LINE, 38.59 FEET TO THE NORTHERLY RIGHT OF WAY OF U.S. ROUTE 20 PER PLAT OF DEDICATION OF S.B.I. ROUTE 5 (LAKE STREET) RECORDED NOVEMBER 17. 1932 IN BOOK 301 OF PLATS, PAGES 18 AND 19; THENCE WESTERLY 89.87 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE NO 20,BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 2,153.87 FEET, CHORD BEARING NORTH 59 DEGREES 32 MINUTES 08 SECONDS WEST, AND CHORD LENGTH OF 89.86 FEET TO A POINT OF TANGENCY; THENCE NORTH 58 DEGREES 20 MINUTES 24 SECONDS WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 392.41 FEET TO THE SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK'S DIVISION OF AFORESAID SECTION 20, ACCORDING TO THE PLAT THEREOF RECORDED MAY 31, 1898 AS DOCUMENT 2227309; THENCE NORTH 59 DEGREES 42 MINUTES 44 SECONDS EAST, ALONG SAID SOUTHEASTERLY LINE 260.54 FEET, TO THE SOUTHERLY LINE OF LAMBERT LANE PER DOCUMENT 1006844025, RECORDED MARCH 9, 2010; THENCE NORTHERLY, 152.08 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE LEFT; HAVING A RADIUS OF 208.00 FEET, CHORD BEARING NORTH 85 DEGREES 47 MINUTES 43 SECONDS EAST, AND CHORD LENGTH OF 148.71 FEET TO A POINT OF REVERSE CURVE;THENCE EASTERLY AND SOUTHERLY, 290.05 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 142.00 FEET, CHORD BEARING SOUTH 56 DEGREES 38 MINUTES 03 SECONDS EAST AND A CHORD LENGTH OF 242.19 FEET; THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID LAMBERT LANE, 215.95 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. ANNEXATION AGREEMENT (1620 Villa Street) THIS AGREEMENT made and entered into this 24th day of July ,2019,by and between the City of Elgin,Illinois,a municipal corporation of the Counties of Cook and Kane,in the State of Illinois (hereinafter referred to as the "City"), and Morningside Capital LLC, an Illinois limited liability company (hereinafter referred alternatively as the "Developer"), and Susan L. Metzger, as Trustee of the Susan L. Metzger Trust dated June 6, 2002, and Mary G. Metzger, as Trustee of the George G.Metzger and Mary G. Metzger Revocable Trust dated November 16, 1998 (hereinafter referred to collectively as "Owner"). The City, the Developer and the Owner are also sometimes hereinafter individually referred to as a"Party" or collectively as the "Parties". WHEREAS, Owner is the owner of record of the real property described in Exhibit "A", which is attached hereto and made a part hereof(which real property, for convenience, is hereafter referred to as the"Subject Property")and which real estate is not within the corporate limits of any municipality but is contiguous to the corporate limits of the City of Elgin; and WHEREAS,Developer or its affiliate is the contract purchaser of the Subject Property from the Owner,and Developer(itself,or through an affiliated entity)anticipates acquiring fee simple title to the Subject Property, subject to the prior fulfillment of certain conditions; and WHEREAS, the Developer, in cooperation with the Owner, desires to cause the Subject Property to be annexed to the City upon terms and conditions recited in this Agreement so that the Subject Property may be developed by the Developer or its successors as herein provided; and WHEREAS,Owner and Developer,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 constitutes territory which is contiguous to and may be annexed to the City of Elgin as provided in Article 7 of the Illinois Municipal Code(65 ILCS 5/7-1-1 et seq.); and WHEREAS,the Subject Property is located within the Bartlett Fire Protection District,and whereas each of the Trustees of said District was notified in writing by certified or registered mail at least ten (10) days in advance of any action taken with respect to the annexation of the Subject Property, and whereas an affidavit that service of the said notice had been provided has been filed with the County Recorder; and WHEREAS, the Subject Property is located within Hanover Township, and whereas the Township Commissioner of Highways and each of the Trustees of said Township were notified in writing by certified or registered mail at least ten (10) days in advance of any action taken with respect to the annexation of the Subject Property, and WHEREAS,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 Daily Herald, a newspaper of general circulation in the community, and the City has held such public hearing; and WHEREAS,the Corporate Authorities of the City,after due and careful consideration,have concluded that the annexation of the Subject Property to the City on the terms and conditions hereinafter set forth is in the best interests of the City; and WHEREAS, pursuant to notice as required by statute and ordinance public hearings were held by the Planning and Zoning Commission,as applicable,of the City on the requested zoning of the Subject Property. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby acknowledged,the parties hereto hereby agree as follows: 1. This Agreement is made pursuant to and in accordance with the provisions of Section 11 of the Illinois Municipal Code(65 ILCS 5/11-15.1.1 et seq.),and in the exercise of the home rule power of the City. 2. The Corporate Authorities, within 30 days following: (a) the execution of this Agreement, (b) the receipt of a current title report verifying the owner of record of the Subject Property by the City Clerk, (c)the filing of Owner's Petition for Annexation in form and substance as required by law,(d)the receipt of a certified copy of the ordinance annexing the Subject Property to the Fox River Water Reclamation District(''FRWRD"),and shall pass an ordinance annexing the Subject Property to the City. By mutual agreement of the City and Owner, said annexation shall be in one phase. The Annexation Plat(s)for the subject ordinance(s) shall be in the form of Exhibit B attached hereto and made a part hereof. 3. A. Immediately after the passage of the ordinance(s)annexing the Subject Property,as provided in paragraph 2 hereof, the Corporate Authorities shall pass or adopt the following ordinances and resolution: i. an ordinance zoning the property in the PNB Planned Neighborhood Business District in the form attached hereto in Exhibit C (the "PNB Ordinance"), ii. an ordinance granting a conditional use for a car wash in the PNB Planned Neighborhood Business District, in the form attached hereto as Exhibit D. B. Except as otherwise provided for in this Agreement,no changes or amendments in the zoning ordinance of the City which shall directly or indirectly adversely affect the use or development of the Subject Property shall be of any effect unless applicable to all comparable areas of the City. -2- C. The Subject Property and the Development contemplated herein shall be developed in substantial conformance with the development plan(s) and plat defined in Section 3G of the PNB Ordinance.Engineering for the Subject Property and the Development contemplated herein shall be in substantial conformance with the Car Wash Development Site Development Plan 1620 Villa Street, Elgin, Cook County, IL preliminary engineering plans, prepared by Bono Consulting, Inc., dated May 9, 2018, last revised April 5, 2019, with such further revision as required by the City Engineer,attached hereto as Exhibit E(hereinafter referred to as the"Engineering Plans").The City and the Developer agree to make reasonable modification to the development plans defined in Section G of the PNB Ordinance, including but not limited to the Engineering 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 Final Plat and Engineering Plans. The parties agree that such changes to the planned development provided for in Elgin Municipal Code Section 19.60.200,as amended,maybe approved by the City's Development Administrator without public hearings and without formal amendment to this agreement. D. The City shall approve the development plans consistent with (i) applicable ordinances, (ii) sound engineering practices (iii) development plan(s) and final plat defined in Section G of the PNB Ordinance, and (iv) the terms and conditions of this Agreement. E. Developer shall be responsible at its cost for the construction and installation of those off site and on-site public improvements and utilities consisting of storm sewers,sanitary and water main connections to the City and appurtenant structures as are needed to adequately service the Subject Property in accordance with applicable City ordinances and requirements and as are depicted on the development plans for the Subject Property. Notwithstanding anything to the contrary in this agreement, all utilities including, but not limited to, water, sanitary sewer, storm sewer,telephone, electric,gas and cable television lines,as are needed to service the Subject Property,whether offsite or onsite, shall be installed underground at Owner and Developer's cost. Except as otherwise specifically provided herein, public improvements shall be required only for those areas which are included in the development plans 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,stormwater management,and public access easements,including but not limited to water, and sanitary sewer expansions and connections,if any,included in the development plans,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 as contained in or contemplated under the development plans. 4. Owner represents that no new off-site utility easements are required to service the Subject Property. -3- 5. A. Owner and Developer shall comply with and pay(i) the Elgin Municipal Code Title 17--Development Impact Fees,as amended,and pay the fees when due as required therein,and (ii) such fees, contributions and recaptures enumerated in the fee and contribution schedule set forth in Exhibit F hereto.Owner/Developer hereby represent and agree that they are paying the fees and contributions to the City provided for in this paragraph and this Agreement as an inducement to the City to annex the Subject Property. Owner/Developer further agree that the contemplated fees and cash contributions to the City for the improvements or undertakings which may ultimately be constructed or performed by the City 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 absent the annexation of the Subject Property. Owner and Developer 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 in this Agreement,as same may be amended by the City,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 legal action or other defense against the City with respect to such fees and contributions. B. The calculation of the City's impact fees and contributions under current city ordinance and policies is set forth in the attached Exhibit F. Notwithstanding anything to the contrary in this Agreement,it is agreed and understood that the Subject Property and the Owner and the Developer and their successors and assigns shall be subject to and required to pay any and all new and/or increase fees or other contributions adopted by the City. Nothing herein prevents the Developer from prepaying any impact fees. 6. [Intentionally Omitted]. 7. Owner and Developer shall cause all portions of Subject Property depicted on the Engineering Plans as storm water retention areas, and dry detention areas either to be retained by Owner or to be conveyed to a Property Owners Association or associations consisting of the owners of all property located in areas designated by Owner;unless said areas are to be dedicated for public ownership and maintenance at the City's request. A Declaration or Declarations of Covenants, Conditions and Restrictions requiring that the Association or associations own and maintain areas conveyed thereto shall be submitted to the City's Corporation Counsel for review and approval prior to final plat approval, said Declaration to be filed for recording, at Owner's expense, with the final plat of the applicable phase of Subject Property as Owner may determine. 8. Except as specifically permitted pursuant to the development plans or paragraphs 8 and 9 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. -4- 9. If during the term of this Agreement and after development plan approval, any existing, amended, modified or new ordinances, codes or regulations of general applicability throughout the community to a land developer or subdivider affecting the installation of land improvements(streets,underground utilities,sidewalks,curbs and gutters)upon the Subject Property are amended or modified in any manner to impose additional requirements on the installation of land improvements within the City, the burden of such additional requirements shall not apply to the Subject Property. This paragraph shall not apply to any changes and/or increases in fees and/or contributions imposed by the City. 10. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of improvements,buildings or appurtenances or other regulatory ordinances regarding the public health, safety and welfare are amended or modified in any manner to impose less restrictive requirements on the development of, or construction upon, properties within the City, then the benefit of such less restrictive requirements shall inure to the benefit of Owner, and anything to the contrary contained herein notwithstanding, Owner may elect to proceed with respect to the development of, or construction upon, the Subject Property upon the less restrictive amendment or modification applicable generally to all properties within City. 11. City hereby agrees to allow Owner to tie into the existing sanitary sewer lines of the City, at Owner's expense, subject to payments required under any recapture and/or reimbursement ordinances heretofore or hereinafter adopted by the City,and with payment of all applicable fees.At Owner's expense, City agrees to cooperate with Owner in obtaining all necessary Illinois Environmental Protection Agency(IEPA)permits required for such sanitary sewer systems and tie- ins. Owner shall bear all costs for extensions, tie-ins, and permits consistent with applicable City ordinances. Owner shall be responsible for the extension of sewer lines to the far edges of the Subject Property subject to review and approval by the City Engineer. Owner shall install sewer line extension improvements on the Subject Property in compliance with the Engineering Plans as approved by the City Engineer. 12. City hereby agrees to allow Owner to tie into the existing water lines of the City, at Owner's expense, subject to payments required under any recapture and/or reimbursement ordinances heretofore or hereinafter adopted by the City,and with the payment of applicable fees. At Owner's expense, City agrees to cooperate with Owner in obtaining all necessary Illinois Environmental Protection Agency(IEPA)permits required for such water main extensions and tie- ins. Owner shall bear all costs for extensions, tie-ins and permits consistent with applicable City ordinances. Owner shall be responsible for the extension of water mains to the far edges of the Subject Property subject to review and approval by the City Engineer. Owner shall install water line extension improvements on the Subject Property in compliance with the Engineering Plans approved by the City Engineer. 13. Upon review and recommendation by the City Engineer,the City Council shall accept all public rights-of-way and improvements located thereon, sanitary sewers, storm drainage sewers -5- and water mains lying within public rights-of-way or public easements on the Subject Property. Any improvements located in private rights-of-way shall be installed in easements dedicated for and acceptable to the City. The sewer and water service lines(from the buffalo box to the residential or commercial unit, as the case may be) shall not be owned or maintained by the City. Owner shall replace or repair damage to public improvements installed within, under or upon the Subject Property resulting from construction activities by Owner and its employees,agents,contractors and subcontractors prior to final acceptance by the City,but shall not be deemed hereby to have released any such other part from liability or obligations in this regard. Acceptance of public improvements by the City shall be consistent with applicable City ordinances. 14. [Intentionally Omitted] 15. All structures to be constructed on the Subject Property shall be designed,constructed and maintained in conformance with the requirements of the PNB Ordinance enumerated in paragraph 3 hereof. The Declaration of Covenants, Conditions and Restrictions referred to in Paragraph 7 hereof shall include and incorporate the design and construction requirements of the planned development ordinance. The Declaration or Declarations of Covenants, Conditions and Restrictions shall also include provisions that any proposed amendments to the provisions relating to the design, construction and/or maintenance of structures on the Subject Property shall require the advanced approval of the City of Elgin and that the provisions relating to the design, construction and/or maintenance of structures on the Subject Property shall also be enforceable by the City of Elgin. 16. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties or by an appropriate action at law or in equity to secure the performance of the covenants herein contained. Notwithstanding the foregoing,or anything else to the contrary in this agreement, no action shall be commenced by the Owner and/or Developer, or any of their successors, assigns, and/or the grantees of their properties, against the City, its officials, officers, employees, agents, attorneys or any other related entity or person, for monetary damages. 17. This Annexation Agreement shall be in effect for a period of twenty(20)years from the date of execution hereof and shall be binding upon and inure to the benefit of the parties hereto, and their heirs, successors and assigns of all or any part of the Subject Property. 18. Owner shall be responsible for costs associated with filing and recording of the plat of annexation and any plat or plats required per the development plans for the Subject Property. 19. If any provision of this Agreement is held invalid by a court of competent jurisdiction or in the event such a court shall determine that the City does not have the power to perform any such provisions, such provisions shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. Such judgment or decree shall relieve the City from performance under such invalid provision of this Agreement. -6- 20. This Agreement can be amended,in writing,at any time,by the mutual consent of all parties to this Agreement, in the manner provided by law. 21. [Intentionally Omitted]. 22. [Intentionally Omitted]. 23. 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. 24. Except as may be required pursuant to the City of Elgin stormwater management ordinance, the City shall issue no stop orders directing work stoppages on buildings or parts of the Subject Property without setting forth the alleged violations in writing,and Developer shall forthwith proceed to correct such violations as may exist. 25. The City agrees to issue,within a reasonable time after initial submission,review,and approval of building construction plans, and the payment of required building permit fees and all other applicable fees, all necessary building and other permits for the construction of any and all improvements on the Subject Property or issue a letter of denial within said period of time informing Developer and the applicant as to wherein the application does not conform to the stated section of the Code. The issuance of a building permit, in and of itself, shall not be construed as a guarantee that a Certificate of Occupancy shall be issued, it being the intention of the parties that the issuance of a Certificate of Occupancy shall be subject to the provisions of Paragraph 26 hereof. 26. The City agrees to issue Certificates of Occupancy within a reasonable time 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. 27. A. It is understood that prior to the construction of any public improvements as may be contained in the development plans, 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 -7- proceed to construct said public improvements. B. The acceptance of public improvements by the City shall(i)be accomplished within a reasonable time after notice of completion by Developer and full compliance with applicable codes and ordinances, (ii) follow the posting by Developer of a guarantee bond acceptable to the City in accordance with applicable ordinances, and(iii)be made only by the passage of a resolution by the City Council of the City after filing with the City Clerk of a certificate by the City Engineer certifying that all such improvements have been completed and the construction or installation thereof has been approved by him. If appropriate under the circumstances,such acceptance shall be in phases, as such phases are complete. C. From and after the acceptance of any public improvements by the City, such public improvements shall be maintained,reconstructed,repaired,and replaced by the City and all cost and expense of operation, maintenance, repair, reconstruction, and replacement of such public improvements shall be the sole responsibility of the City. Warranty period bonding or a suitable alternative(such as an irrevocable letter of credit or a cash deposit) shall be provided in accordance with ordinances of the City. D. It shall be a condition to the City's obligation to accept dedication of any public improvement that the dedication of such improvement be accompanied by the grant of appropriate easements to permit the City to carry out its responsibilities with respect to such improvements. 28. 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. 29. A.Notwithstanding anything to the contrary in this Agreement,and in addition to any other fees,contributions and other recaptures and/or reimbursements due or which may become due from the Owner and/or Developer, Owner and Developer hereby consent and agree on behalf of themselves, and each of their respective successors, assigns and grantees of the Subject Property to pay the recapture and/or reimbursement pursuant to Ordinance T6-86 and/or for the costs of a portion of any off-site public improvements constructed by the City and/or others,including,but not limited to, storm sewers, sanitary sewers, lift stations, water mains, and/or streets, and appurtenant structures, pursuant to any recapture and/or reimbursement ordinance(s) heretofore or hereinafter adopted by the City and in such amounts as determined by the City. The Developer and any of its respective successors shall be exempt from any recaptures and/or reimbursements due related to public improvements it has constructed and/or paid for. B. Owner and Developer on behalf of themselves and their successors, assigns and the -8- grantees of their properties, hereby acknowledge the propriety, necessity and the legality of the recaptures and/or reimbursements referred to in this paragraph or in this Agreement,heretofore or as may be hereinafter by the City adopted by the City,and do hereby further agree and do waive any and all rights to any and all legal or other challenges or defenses to such recaptures and/or reimbursements and covenant on behalf of themselves and their successors,assigns and the grantees of their properties, not to sue the City and/or any other person or entity or maintain any legal action or defense against the City and/or any other person or entity with respect to any such recaptures and/or reimbursements. C. The City agrees to adopt a recapture ordinance for the benefit of the Owner to collect from the owner or owners of benefitted properties at the time of annexation of such benefitted properties, or if annexation is completed, before the benefitted properties connect to the subject improvement, their pro-rata share of the cost of the offsite sanitary sewer line to be constructed by the Developer running westerly and northwesterly of the Subject Property along Galt Boulevard. The recapture ordinance shall provide for interest from the time any such improvement is completed, at the market rate prevailing at the time the recapture ordinance is adopted as determined by the City. In any such recapture ordinance, the City shall determine the benefitted properties and the amount subject to recapture for such benefitted offsite properties on a cost-benefit basis as reasonably determined by the City. Any obligations of the City under such recapture ordinance 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. For the purposes of this Paragraph 29C, the term "Owner's Remaining Property"shall be deemed to refer to the real estate currently owned by Owner lying north and east of Lambert Lane, containing nine (9) acres, more or less, and consisting of vacant farmland and farm buildings facing State Route 20. Developer shall be responsible for the extension of the sanitary sewer line referred to in this paragraph and subject to recapture in accordance with the requirements of the City. Developer further acknowledges and agrees, and the City acknowledges,that in the event and conditioned upon the annexation of the Owner's Remaining Property into the City of Elgin, the Owner shall have access to such sanitary sewer line to service Owner's Remaining Property and that there will be no recapture or other reimbursement against the Owner's Remaining Property for the cost of the construction of such offsite sanitary sewer line, provided, however, the acreage of Owner's Remaining Property will be taken into account when determining the recapture amounts for other benefitted off-site properties. Developer further acknowledges and agrees, and the City acknowledges,that all recapture fees for the construction of such offsite sanitary sewer line which benefits such offsite parcels shall be payable to the Owner,and not the Developer, notwithstanding that Developer, or Developer's successor, installs and pays for the installment of such offsite sanitary sewer line. 30. A. Prior to the commencement of the construction as contemplated in the development plans, Developer shall submit to the City Zoning Administrator a plan showing the location of all proposed temporary construction and sales trailers/offices, including parking areas, fencing, signage and landscape treatment. Said plan shall also indicate the one general location of where all construction and material storage trailers other than the trailers for the sales office shall be -9- located. The Developer shall be permitted 1 construction trailer, 1 office trailer and 2 material storage trailers. The Developer shall have the right to use the construction. office and material storage trailers for the purpose of its administrative, construction and sales activities until construction is completed on the Subject Property.The Developer shall keep such area free of debris and rubbish and keep the area free of weeds and in a mowed condition, and the City may inspect such area from time to time to determine that Developer is in compliance with its obligations hereunder. B. Construction of temporary facilities shall be in compliance with the provisions of the City's building code,except that sewer and water need not be connected to the temporary facilities. Paved drives and parking areas (weather permitting) shall be provided to accommodate vehicular access to all temporary sales trailers/office facilities. The Developer agrees to hold the City harmless for any liability associated with the installation and operation of any temporary facilities. 31. [Intentionally Omitted]. 32. Developer shall at all times post in a conspicuous place within the sales office,a copy of the Development Plan and a map designating surrounding land uses and public properties on adjacent lands. 33. The Developer shall pay(or reimburse the City for payment of)the disconnection fee, if any,payable to the Bartlett Fire Protection District under the provisions of 70 ILCS 705/20(e). At the time of annexation, the Developer shall deposit with the City the amount of such disconnection fee;provided,however,that if such disconnection fee cannot be determined with precision,then the Developer shall deposit with the City the estimated amount of such disconnection fee(based on the last ascertainable tax bill), and upon the issuance of the final tax bill upon which such calculation and loss, according to statute, be based, the City and the Developer shall equitably readjust the amount of such payment. 34. This Agreement is and shall be deemed and construed to be the joint and collective work product of the City and Developer and, as such,this Agreement shall not be construed against any party,as the otherwise purported drafter of same,by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict in terms or provisions, if any, contained herein. 35. Notwithstanding anything to the contrary contained in Paragraph 16 of the Agreement, it is agreed that the parties hereto shall have the following rights and remedies in the event of a breach or default hereunder. (a) enforce or compel the performance of this Agreement, at law or in equity by suit, action, mandamus, or any other proceeding, including specific performance; (b) maintain an action to recover any sums which the other party has agreed to -10- 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. 36. 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 17 hereof and that the City shall take no action which shall in any way be contrary to, or inconsistent with, the terms and provisions of this Agreement. 37. 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. 38. [Intentionally Omitted]. 39. 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 -11- If to Owner/Developer: Susan L. & Mary G. Metzger c/o Richard L. Heimberg, Esq./Huck Bouma PC 2425 Royal Boulevard, #1 Elgin, Illinois 60123 With a copy to: Morningside Capital LLC c/o Thomas Kim 818 W. Northwest Highway Arlington Heights, IL 6000440. 40. If the Subject Property, or portions thereof, are currently used for the planting, harvesting,housing,storage and selling of soil grown crops then the Subject Property or the portions thereof used for such purposes may continue to be used from time to time for the planting, harvesting, housing, storage and selling of soil crops grown on the Subject Property as lawful nonconforming uses until such time as another use allowed under the City of Elgin Zoning Ordinance is established or until it is under development as provided herein. 41. 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. 42. 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. 43. This Agreement shall insure to the benefit of, and be binding upon,the parties hereto, the successors in title of the Owner and Developer, and each of them, their respective successors, grantees, lessees, and assigns, and upon successor corporate authorities of the City and successor municipalities. 44. 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. 45. This Agreement constitutes a covenant running with the land composing the Subject Property, binding upon the parties hereto, the successors in title of the Owner and Developer and each of them, all grantees, successors, and assigns of the respective parties hereto, including successor corporate authorities and successor municipalities of the City. The City may record a -12- memorandum of annexation agreement placing of record the terms,provisions and obligations of this Agreement. 46. 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. 47. The Owner and/or Developer and any of the Owner and/or Developer's successors in interest shall not file, cause to be filed, or take any action that would result in the disconnection or deannexation of the Subject Property from the City of Elgin during the term of this Agreement. Without limiting the foregoing, the Owner and Developer on behalf of themselves and any of their grantees and successors in interest hereby waive any and all rights, statutory or otherwise, to disconnect the Subject Property from the City of Elgin. 48. It is agreed that in the event the Owner and/or Developer and/or or any of the Owner and/or Developer's grantees and successors in interest,propose to amend the PNB zoning ordinance referred to in Paragraph 3 of this Agreement,above,then any such proposed rezoning or amendment to such zoning ordinances shall require the amendment of this Agreement upon the terms and conditions which are acceptable to the City, in the City's sole discretion. However,with respect to the requirement of the Owner's signature only the written approval of the legal titleholder of the interest in the property affected by the amendment shall be required to effect the initiation of a proposed amendment to this Agreement. 49. It is agreed and understood that the City may adopt an ordinance prohibiting parking on any public streets to be constructed on the Subject Property each day from 2:00 a.m. to 6:00 p.m. In the event the City so elects to adopt such an ordinance so restricting parking on public streets on the Subject Property, the Owner and/or Developer at its costs shall provide for and install signage regarding such parking prohibition throughout the Subject Property as directed by the City Engineer. 50. [Intentionally Omitted]. 51. [Intentionally Omitted]. 52. Notwithstanding anything to the contrary in this Agreement,and in addition to other requirements imposed by the City, in the event the Subject Property is adjacent to or abuts any State of Illinois highway,route, road or right of way(a "State Highway")Owner and Developer agree as follows: A. In the event the development of the Subject Property provides for any new means of access from a Subject Property to any abutting State of Illinois Highway or proposes to enlarge or extend any existing means of access from the Subject Property to an abutting State of Illinois Highway,or otherwise requires an access permit from the State of Illinois or the Illinois Department of Transportation for a State of Illinois Highway, Owner and Developer agree that Owner and -13- Developer shall be solely responsible at their cost for applying for and obtaining from the State of Illinois and/or the Illinois Department of Transportation any and all permits necessary authorizing access from the Subject Property to such a State of Illinois Highway. B. Owner and Developer shall also be responsible for the dedication of any additional right of way at no cost to the State of Illinois and/or the City and for the design and construction at their cost for any improvements necessary or required to obtain access from the Subject Property to the adjacent or abutting State of Illinois Highway including, but not limited to, any widening, additional lanes and/or signalization. C. Owner and Developer shall also dedicate at no cost to the State of Illinois and/or the City such additional right of way for future improvements to such adjacent or abutting State of Illinois Highway as determined by the City Engineer. Such additional right of way dedication for such State of Illinois Highway(s)for future improvements thereto as determined by the City Engineer shall be incorporated into the final engineering plans for the Subject Property and the final plat of subdivision as approved by the City Engineer or,if directed by the City Engineer,shall be made upon the request of the City Engineer prior to approval of final engineering and the fmal plat of subdivision for the Subject Property. The plat of dedication providing for such dedication shall be in a form as approved by the City Engineer. 53. Owner and Developer shall provide to the City upon request of the City a written status report regarding the development of the Subject Property with information therein as requested by the City which may,include among other matters,the current status of sale activities with respect to the subject development of the Subject Property. 54. To the fullest extent permitted by law, Owner and Developer agree 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 Owner and Developer. Additionally, in the event of such third party action the Owner and Developer agree to the extent permitted by law upon the written request from the City to attempt to intervene in such proceedings and at Owner and Developer's expense to join the City in the defense thereof 55. Owner and Developer on behalf of themselves and their respective successors, assigns and grantees of their properties,hereby acknowledge the propriety,necessity and legality of -14- all of the terms and provisions of this Agreement,including but not limited to,the zoning ordinances referred to in this Agreement and the various fees, contributions, recaptures, reimbursements, dedications and/or improvements provided for in 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 any of the terms and provisions of 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 legal action or other defenses against the City with respect to any challenges of the terms and provisions of this Agreement. IN WITNESS WHEREOF, the Elgin Corporate Authorities Owner and Developer have hereunto set their hands and seals and have caused this instrument to be executed by their duly authorized officials and the corporate seal affixed hereto, all on the day and year first above written. SIGNATURE PAGE FOLLOWS -15- I CITY OF ELGIN, a municipal (DEVELOPER)MORNINGSIDE CAPITAL corporation LLC / / By I l �.� C�iL(f By _ _ Mayor Att-st• Attest: lael.Z( ity Clerk (OWNER) SUSAN L. METZGER,as Trustee of the SUSAN L. METZGER Trust dated June 6, 2002 /41,A4 By It—a 7)/14-ie-17. Attest: (OWNER)MARY G. METZGER,as Trustee of the GEORGE G.METZGER and MARY G. METZGER Revocable Trust dated November 16, 1998 By Attest: F:U.egal Dept\Agreement\Ann exation-Morningside-WAC-Clean-7-16-19.docx CITY OF ELGIN, a municipal (DEVELOPER) MORNINGSIDE CAPITAL corporation LLC By By B y Mayor "rho r�Q1 kvvt • Attest: Attest: • City Clerk (OWNER) SUSAN L. METZGER, as Trustee of the SUSAN L. METZGER Trust dated June 6, 2002 By Attest: (OWNER) MARY G. METZGER, as Trustee of the GEORGE G. METZGER and MARY G. METZGER Revocable Trust dated November 16, 1998 By /7 l„ 7//7//Jn Attest: F:\Legal Dept\Agreement\Annexation-Morningside-WAC-Clean-7-16-I9.docx terms and provisions of this Agreement. IN WITNESS WHEREOF, the Elgin Corporate Authorities Owner and Developer have hereunto set their hands and seals and have caused this instrument to be executed by their duly authorized officials and the corporate seal affixed hereto, all on the day and year first above written. SIGNATURE PAGE FOLLOWS -16- EXHIBITS Exhibit A: Legal Description of Subject Property Exhibit B: Annexation Plat Exhibit C: PNB Planned Neighborhood Business District Ordinance Exhibit D: Conditional Use Ordinance Exhibit E: Engineering Plans Exhibit F: Development Impact Fee Schedule -17- EXHIBIT A • LEGAL DESCRIPTION OF SUBJECT PROPERTY THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERN MOST CORNER OF ROUTE 20 (LAKE STREET) RIGHT OF WAY CONVEYED BY DOCUMENT 050274933, RECORDED JANUARY 27,2005; THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID RIGHT OF WAY, 61.62 FEET; THENCE SOUTH 67 DEGREES 55 MINUTES 00 SECONDS WEST, ALONG SAID WESTERLY LINE, 38.59 FEET TO THE NORTHERLY RIGHT OF WAY OF U.S. ROUTE 20 PER PLAT OF DEDICATION OF S.B.I. ROUTE 5 (LAKE STREET) RECORDED NOVEMBER 17, 1932 IN BOOK 301 OF PLATS, PAGES 18 AND 19; THENCE WESTERLY 89.87 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE NO 20, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 2,153.87 FEET, CHORD BEARING NORTH 59 DEGREES 32 MINUTES 08 SECONDS WEST,AND CHORD LENGTH OF 89.86 FEET TO A POINT OF TANGENCY;THENCE NORTH 58 DEGREES 20 MINUTES 24 SECONDS WEST,ALONG SAID NORTHERLY RIGHT OF WAY LINE,392.41 FEET TO THE SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK'S DIVISION OF AFORESAID SECTION 20,ACCORDING TO THE PLAT THEREOF RECORDED MAY 31, 1898 AS DOCUMENT 2227309; THENCE NORTH 59 DEGREES 42 MINUTES 44 SECONDS EAST, ALONG SAID SOUTHEASTERLY LINE 260.54 FEET, TO THE SOUTHERLY LINE OF LAMBERT LANE PER DOCUMENT 1006844025, RECORDED MARCH 9, 2010; THENCE NORTHERLY, 152.08 FEET ALONG SAID SOUTHERLY LINE,BEING A CURVE TO THE LEFT,HAVING A RADIUS OF 208.00 FEET, CHORD BEARING NORTH 85 DEGREES 47 MINUTES 43 SECONDS EAST, AND CHORD LENGTH OF 148.71 FEET TO A POINT OF REVERSE CURVE; THENCE EASTERLY AND SOUTHERLY,290.05 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE RIGHT,HAVING A RADIUS OF 142.00 FEET,CHORD BEARING SOUTH 56 DEGREES 38 MINUTES 03 SECONDS EAST AND A CHORD LENGTH OF 242.19 FEET; THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID LAMBERT LANE, 215.95 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. EXHIBIT B DIYDIT PLAT OF ANNEXATION STATE OF ILLINOIS) COUNTY OF RARE)) CITY THE THIS IS TO THE THAT THEN.RA PLAT NTY.WINDS REPRESENTS 111E TERRITORY CI 1 1 OF ELGIN MINE IS ATO THE DIY ELHE A.OVE ATCOCU EOnY ORDNANCE NUMBER. KANE& COOK COUNTIES, ILLINOIS RESOLUTION NUMBER THAT PART OF SECTION 20 ANO 29, TOWNSHIP 41 NORTH, RANGE 9 PASSED AND APPRUIRD BY TIE ELGIN CITY COUNCIL ON ___2D-. EAST OF THE THIRD PRINCIPAL MERIDIAN. COOK COUNTY. ILLINOIS. By 0 80 160 YA0 SCALE FEET BY: / CITY CLERK _ - 1 \ 1 l BF�� \ -1 -EXISTING CORP.LIMITS ' 'VI 1 \ -AREA TO BE ANNEXED Cy 440/4, 5 SITE ADDRESS: 1820 VILLA STREET,ELGIN.IWNOIS RADIUS a 208.00' cc19'QPO RC • \ TOTAL AREA.176.,36 SF/3.125 ACRES 152.08' (15297) Cy-HO e'PGRI? /W? ISTING CITY OF ARC= Bo 49 c 90�C{7 IN CORPORATE P.LN.'S CHORD BRG N8(515.42;0.473'1.E 5'47'43 E (AL. SS TS 06-20-400-008 9w 6' (CHORD BRC N85'48't3'E� '9074 6156-'.?„s:o a-29-200-006 6 • CHORD LENGTH - 148.71' • J� J. 1 08-09-201-004 4,`3 Al N }1,9 F; I HEREBY ANNEXED3 I TO THE CITY OF ELGIN ICI n' , Hy '3`N h` .4.-` J -� ?i/4 Jy / LEGAL DESCRIPTOR , POINT OF / THAT PART OF THE SOUTHEAST QUARTER OF SECTOR 20 AND THE NORTHEAST QUARTER OF 'tC, BEGINNING SECTION 29.TOWNSHIP 41 NORTH,RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN. DESCRIBED AS FOLLOWS BEGINNINGAT THE NORTHERN MOST CORNER OF ROUTE 20(LAKE e;pSTREET)RIGHT OF WAY CONVEYED WY DOCUMENT 050274933,RECORDED JANUARY 27,2005: aIRVFYM'S FERTIFOFA6 Or. THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST,ALONG THE WESTERLY LINE Of �!• 34� / SAID RIGHT OF WAY,61.62 FEET;THENCE SOUTH 67 DEGREES 55 MINUTES 00 SECONDS WEST, ) 4 ALONG SAID WESTERLY LINE,38.59 FEET TO THE NORTHERLY RIGHT OF WAY OF U.S.ROUTE 20 THIS IS TO CEA TWS THAT I.THE UNDERSIGNED.AN IWHpS PROFESSIONAL LAND SURVEYOR, c� U' U/ / PER PLAT OF DEDICATION OF SL ROUTE 5(LANE STREET)RECORDED NOVEMBER 17,1932 IN HAVE SURVEYED THE ABOVE-DESCRIBED PROPERTY,AND THAT 1165 RAL WAS PREPARED ;7h.10,', 1p^' BOON 301 OF PLATS.PAGES t6 ARO 19,THENCE WESTERLY 89.87 FEET ALONG SAID FOR THE PURPOSE OF ANNE0ATON TO THE OTT OF ELAN AND THAT THIS RAT OF A,�' \ NORTHERLY RIGHT OF WAY UNE Cr U.S.REUTE NO 20.BEING A CURSE TO THE RIGHT,HAVING ANNEXATION ACCURATELY DEPICTS SND PROPERTY. CN R 4"‘',.:. A RADIUS OF 2.153 87 FEET.01000 BEARING NORTH 59 DEGREES 32 MINUTES 08 SECONDS OVEN UNDER MY HAND AND SEAL THIS TBIN DAY OF JUNE.A.O..2019. '�V' ,C/(/ WEST AND CHCRD LENGTH OF 89.86 FEET TO A POINT OF TANGENCY;THENCE NORTH 58 cyn-NV 4Rcs• / DEGREES 20 MINUTES 24 SECONDS WEST.ALONG SAID NORTHERLY RIGHT OF WAY LME.392.41 _ -'R' 09 N 2/ FEET TO THE SOUTHEASTERLY LINE.AS MONUMENTED.OF LOT 17 IN THE COUNTY CLERK'S MARK a 89 N OF AFORESND SECTION 20.ACCORDING TO THE PLAT DEREOF RECORDED MAY 31. PROFESSIONAL LAND SURVEYOR 835RES 830-201 HY •Nl I O[fyGTy�S. 8j S%-i'5'S6 El 1898ONG ASDOCUMENT SOUTH MEASTERLY:LTHINCE NORD 59 NE ET TO THEEESS 42 MINUTES ES AA SECONDS E BERSTELANE PER DOCUMENT 1006844025.RECORDED MARCH 9.2010:THENCE NORTHERLY,152.08 FEET ENGINEERING ENTERPRISES,INC. -P'4•G"CIC 11j'' 9O 84. �HALONG SAID SOUTHERLY UNE.BEING A CURVE TO THE LEFT,HAVING A RADIUS OF 206.00 ET, 52 WHEELER ROAD 11./035403581\ ' CHORD BEARING NORTH 65 DEGREES 47 MINUTES 43 SECONDS EAST.AND CHORD LENGTH OF SUGAR GROVE.ILL 80554 JPIIOFEBYpva`1 /'.. 148 71 FEET TO A POINT OF REVERSE CURVE;THENCE EASTERLY AND SOUTHERLY,290.05 FEET 4*i MANIwa ;#j ALONG SAID SOUTHERLY LINE.BEING A CURVE TO ME RIGHT.HAVING A RADIUS OF 142.00 1"roT. l2 ET,CHORD BEARING SOUTH 56 DEGREES 38 MINUTES 03 SECONDS EAST AND A CHORD 4M1aG.;WA.0.8�'., LENGTH Of 242.19 FEET, THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST.ALONG 1,16,1------, r_c WESTTERRL UNE OF SAID LAMBERT LANE.215.95 FEET TO THE PONT OF BEGINNING,IN TY. NO. DATE REVISIONS DATE: JUNE 16.2019 Engineering Enterprises,Inc. MORNINGSIDE CAPITAL 1 06/18/19 REVISED CERTIFICATES PER CITY REVIEW PROJECT NO. P18005 CONSULTING ENGINEERS 623 MEADOW COURT FILE NO P18005-ANNEX 52 Wheeler Road Sugar Grave. Illinois 60554 ELK GROVE VILLAGE, IL 60007 PAGE 1 OF 1 630.466.6700 /www.eeiweb.com NO. DATE REVISIONS EXHIBIT C Ordinance No. G35-19 AN ORDINANCE RECLASSIFYING NEWLY ANNEXED TERRITORY IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT (1620 Villa Street) 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 PNB Planned Neighborhood Business District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on May 6, 2019 following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance classifying certain territory in the PNB Planned Neighborhood Business District pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated May 6, 2019, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Chapter 19.07 Zoning Districts, Section 19.08.020 entitled "Official Zoning District Map"of the Elgin Municipal Code, as amended,be and the same is hereby further amended by adding thereto the following paragraph: - 1 - The boundaries hereinafter laid out in the "Zoning District Map", as amended, be and are hereby altered by including in the PNB Planned Neighborhood Business District the following described property: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH,RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERN MOST CORNER OF ROUTE 20 (LAKE STREET) RIGHT OF WAY CONVEYED BY DOCUMENT 050274933, RECORDED JANUARY 27, 2005; THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID RIGHT OF WAY, 61.62 FEET; THENCE SOUTH 67 DEGREES 55 MINUTES 00 SECONDS WEST, ALONG SAID WESTERLY LINE, 38.59 FEET TO THE NORTHERLY RIGHT OF WAY OF U.S. ROUTE 20 PER PLAT OF DEDICATION OF S.B.I. ROUTE 5 (LAKE STREET) RECORDED NOVEMBER 17, 1932 IN BOOK 301 OF PLATS, PAGES 18 AND 19; THENCE WESTERLY 89.87 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE NO 20, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 2,153.87 FEET, CHORD BEARING NORTH 59 DEGREES 32 MINUTES 08 SECONDS WEST, AND CHORD LENGTH OF 89.86 FEET TO A POINT OF TANGENCY; THENCE NORTH 58 DEGREES 20 MINUTES 24 SECONDS WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 392.41 FEET TO THE SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK'S DIVISION OF AFORESAID SECTION 20, ACCORDING TO THE PLAT THEREOF RECORDED MAY 31, 1898 AS DOCUMENT 2227309; THENCE NORTH 59 DEGREES 42 MINUTES 44 SECONDS EAST, ALONG SAID SOUTHEASTERLY LINE 260.54 FEET, TO THE SOUTHERLY LINE OF LAMBERT LANE PER DOCUMENT 1006844025, RECORDED MARCH 9, 2010; THENCE NORTHERLY, 152.08 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 208.00 FEET, CHORD BEARING NORTH 85 DEGREES 47 MINUTES 43 SECONDS EAST, AND CHORD LENGTH OF 148.71 FEET TO A POINT OF REVERSE CURVE; THENCE EASTERLY AND SOUTHERLY, 290.05 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 142.00 FEET, CHORD BEARING SOUTH 56 DEGREES 38 MINUTES 03 SECONDS EAST AND A CHORD LENGTH OF 242.19 FEET; THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID LAMBERT LANE, 215.95 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. (commonly known as 1620 Villa Street), and Section 3. That the City Council of the City of Elgin hereby classifies the subject property in the PNB Planned Neighborhood Business District, which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of the PNB Planned Neighborhood Business District is to provide for planned commercial areas supplying daily convenience - 2 - commodities and services to a neighborhood population, subject to the provisions of Chapter 19.60 "Planned Developments" of the Elgin Municipal Code, as amended. The scale of development of a PNB zoning district is limited by the applicable site design regulations due to its function and resulting close proximity to residences. A PNB zoning district is most similar to, but departs from the standards requirements of the NB zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol "[SR]",shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90"Supplementary Regulations",of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PNB Planned Neighborhood Business 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, as amended. D. Zoning Districts; Generally. In this PNB Planned Neighborhood Business 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, as amended. E. Location and Size of District. PNB Planned Neighborhood Business Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PNB Planned Neighborhood Business District exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two (2) acres. No departure from the required minimum size of a planned industrial district shall be granted by the City Council. F. Land Use. In this PNB Planned Neighborhood Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 "Land Use", of the Elgin Municipal Code, as amended. The following enumerated "land uses" [SR] shall be the only land uses allowed as a "permitted use" [SR] or as a "conditional use" [SR] in this PNB Planned Neighborhood Business District: 1. Permitted Uses. Those land uses enumerated as permitted uses within the NB Neighborhood Business District, Section 19.35.330 A., Land Use, of the Elgin Municipal Code, as it may be amended from time to time. 2. Conditional Uses. Those land uses enumerated as conditional uses within the NB Neighborhood Business District, Section 19.35.330 B., Land Use, of the Elgin Municipal Code, as it may be amended from time to time. - 3 - 3. Similar Uses. Those land uses enumerated as similar uses within the NB Neighborhood Business District, Section 19.35.330 C., Land Use, of the Elgin Municipal Code, as it may be amended from time to time. G. Site Design. In this PNB Planned Neighborhood Business District, the use and development of land and structures shall be subject to the provisions of Section 19.12, "Site Design", of the Elgin Municipal Code, as amended, Section 19.35.335 "Site Design" for NB Neighborhood Business District, of the Elgin Municipal Code,as amended,except as provided within this section,and shall be in substantial conformance with the following documents: 1. Substantial conformance to the Development Application submitted by Everclean CW, as applicant, and Susan Metzger, as property owner, received February 15, 2019, and supporting documents including: a. "Statement of Purpose and Conformance for a new development at NWC of Lake Street and Lambert Lane,Unincorporated Elgin"letter,prepared by Thomas Kim, Manager, Everwash, dated October 18, 2018; b. "Conditional Use Statement of Purpose and Conformance" letter, prepared by Thomas Kim, Manager, Everwash, dated October 15, 2018; c. Alta/NSPS Land Title Survey, prepared by Engineering Enterprises, Inc., dated March 28, 2018; d. Plat of Annexation to the City of Elgin Kane County, Illinois, prepared by Engineering Enterprises, Inc., dated June 18 2019, with such further revisions as required by the City Engineer; e. Final Plat of Morningside Point Subdivision, prepared by Engineering Enterprises, Inc., dated October 25, 2018, last revised May 28, 2019, with such further revisions as required by the City Engineer; f. Site Plan & Geometric Plan, prepared by Haeger Engineering, dated May 10, 2019, with such further revisions as required by the Community Development Director; g. Landscape Plan, prepared by Ringers Landscape Services, Inc., dated July 16, 2018,last revised May 12, 2019,with such further revisions as required by the Community Development Director; h. Site Photometric and Lighting Plan,prepared by Haeger Engineering,dated July 1, 2019, with such further revisions as required by the Community Development Director; i. XSP2 LED Street/Area Luminaire by CREE light fixture specification, received June 18, 2019, with such further revisions as required by the Community Development Director; j. XSPW LED Wall Mount Luminaire by CREE light fixture specification, received June 18, 2019, with such further revisions as required by the Community Development Director; k. Everclean Carwash plans, prepared by Barker/Nestor Architecture + Design, dated May 15, 2019, with such further revisions as required by the Community Development Director; - 4 - 1. Site Plan and Geometric Plan, Sheet 10 of 10, with signage notations, prepared by Bono Consulting, Inc., dated May 9, 2018, last revised March 6, 2019, with such further revisions as required by the Community Development Director; m. Sign Plans, prepared by Landmark Sign Group, dated May 15, 2019, with such further revisions as required by the Community Development Director; and n. Car Wash Development Site Development Plan 1620 Villa Street, Elgin , Cook County, IL preliminary engineering plans, prepared by Bono Consulting, Inc., dated May 9, 2018, last revised April 5, 2019, with such further revisions as required by the City Engineer; In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. A departure is hereby granted to allow the construction of the building with no masonry material on all building elevations. 3. The exterior of the refuse enclosure shall match the exterior material of the building. 4. All exterior site lighting shall be installed in compliance with Chapter 19.13, "Outdoor Lighting", of the Elgin Municipal Code, as amended. 5. Compliance with all applicable codes and ordinances. H. Off Street Parking. In this PNB Planned Neighborhood Business District, off- street parking shall be subject to the provisions of Chapter 19.45 "Off Street Parking", of the Elgin Municipal Code, as amended. I. Off Street Loading. In this PNB Planned Neighborhood Business District, off- street loading shall be subject to the provisions of Chapter 19.47 "Off Street Loading", of the Elgin Municipal Code, as amended. J. Signs. In this PNB Planned Neighborhood Business District, signs shall be subject to the provisions of 19.50 "Street Graphics", of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following documents: 1. A departure is hereby granted to allow three wall graphics on the building. 2. A departure is hereby granted to allow a total of four directional graphics. The directional graphics at the driveway entrances/exits to the site, and the proposed directional graphic for "Free Vacuums" must include a masonry base which matches the masonry base of the main monument graphic. The proposed "IA - 5 - Illuminated Go-Go Sign" graphic is not required to have a masonry base. All directional graphics shall be maximum three feet high and two square feet in area(not including the base). 3. A departure is hereby granted to allow a total of six drive-through facility graphics. The"Lane Menu Towers"graphics adjacent to the drive-through pay- lanes are not required to have a masonry base, and must be constructed in substantial compliance with the following: a. Sign Plans, prepared by Landmark Sign Group, dated May 15, 2019, with such further revisions as required by the Community Development Director; 4. Any type of portable graphics,including"Windmaster Signs"are not permitted. K. Nonconforming Uses and Structures. In this PNB Planned Neighborhood Business District, nonconforming uses and structures shall be subject to the provisions of Chapter 19.52 "Nonconforming Uses and Structures" of the Elgin Municipal Code, as amended. L. Amendments. In this PNB Planned Neighborhood Business District,text and map amendments shall be subject to the provisions of Chapter 19.55 "Amendments" of the Elgin Municipal Code, as amended. M. Planned Developments. In this PNB Planned Neighborhood Business 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, as amended. A conditional use for a planned development may be requested by the property owner without requiring an amendment to this PNB zoning district. N. Conditional Uses. In this PNB Planned Neighborhood Business District, conditional uses shall be subject to the provisions of Chapter 19.65 "Conditional Uses", of the Elgin Municipal Code, as amended. A conditional use may be requested by the property owner without requiring an amendment to this PNB zoning district. 0. Variations. In this PNB Planned Neighborhood Business District, variations shall be subject to the provisions of Chapter 19.10.500 "Authorized Land Use Variations", Chapter 19.12.800 "Authorized Site Design Variations", and Chapter 19.70"Variations", of the Elgin Municipal Code, as amended. A variation may be requested by the property owner without requiring an amendment to this PNB zoning district. P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed - 6 - subject to the provisions of Chapter 19.75 "Appeals", of the Elgin Municipal Code, as amended. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. David J. Kaptain, Mayor Presented: July 24, 2019 Passed: Vote: Yeas Nays: Recorded: Published: Attest: Kimberly A. Dewis, City Clerk - 7 - EXHIBIT D Ordinance No. G36-19 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CAR WASH IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT (1620 Villa Street) WHEREAS, written application has been made requesting conditional use approval to establish a car wash at 1620 Villa Street; and WHEREAS, the zoning lot with the building containing the premises at 1620 Villa Street is legally described herein (the"Subject Property"); and WHEREAS, the Subject Property is located within the PNB Planned Neighborhood Business District established by Ordinance No. G35-19, and a car wash is listed as a conditional use within the PNB Planned Neighborhood Business District; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on May 6, 2019, following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS,zoning,including,but not limited to,this ordinance granting a conditional use in the PNB Planned Neighborhood Business District pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated May 6, 2019, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. • t Section 2. That a conditional use for a car wash is hereby granted for the property commonly known as 1620 Villa Street, and commonly identified by Cook County Property Index Numbers 06-20-400-008-0000, 06-29-201-004-0000, and 06-29-200-006-0000., and legally described as follows: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH,RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERN MOST CORNER OF ROUTE 20 (LAKE STREET) RIGHT OF WAY CONVEYED BY DOCUMENT 050274933, RECORDED JANUARY 27, 2005; THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID RIGHT OF WAY, 61.62 FEET; THENCE SOUTH 67 DEGREES 55 MINUTES 00 SECONDS WEST, ALONG SAID WESTERLY LINE, 38.59 FEET TO THE NORTHERLY RIGHT OF WAY OF U.S. ROUTE 20 PER PLAT OF DEDICATION OF S.B.I. ROUTE 5 (LAKE STREET) RECORDED NOVEMBER 17, 1932 IN BOOK 301 OF PLATS, PAGES 18 AND 19; THENCE WESTERLY 89.87 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE NO 20, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 2,153.87 FEET, CHORD BEARING NORTH 59 DEGREES 32 MINUTES 08 SECONDS WEST, AND CHORD LENGTH OF 89.86 FEET TO A POINT OF TANGENCY; THENCE NORTH 58 DEGREES 20 MINUTES 24 SECONDS WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 392.41 FEET TO THE SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK'S DIVISION OF AFORESAID SECTION 20, ACCORDING TO THE PLAT THEREOF RECORDED MAY 31, 1898 AS DOCUMENT 2227309; THENCE NORTH 59 DEGREES 42 MINUTES 44 SECONDS EAST, ALONG SAID SOUTHEASTERLY LINE 260.54 FEET, TO THE SOUTHERLY LINE OF LAMBERT LANE PER DOCUMENT 1006844025, RECORDED MARCH 9, 2010; THENCE NORTHERLY, 152.08 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 208.00 FEET, CHORD BEARING NORTH 85 DEGREES 47 MINUTES 43 SECONDS EAST, AND CHORD LENGTH OF 148.71 FEET TO A POINT OF REVERSE CURVE; THENCE EASTERLY AND SOUTHERLY,290.05 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 142.00 FEET, CHORD BEARING SOUTH 56 DEGREES 38 MINUTES 03 SECONDS EAST AND A CHORD LENGTH OF 242.19 FEET; THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID LAMBERT LANE, 215.95 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS (commonly known as 1620 Villa Street) Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 1. Substantial conformance to the Development Application submitted by Everclean CW, as applicant, and Susan Metzger, as property owner, received February 15, 2019, and supporting documents including: 2 a. "Statement of Purpose and Conformance for a new development at NWC of Lake Street and Lambert Lane, Unincorporated Elgin" letter, prepared by Thomas Kim, Manager, Everwash, dated October 18, 2018; b. "Conditional Use Statement of Purpose and Conformance" letter, prepared by Thomas Kim, Manager, Everwash, dated October 15, 2018; c. Alta/NSPS Land Title Survey, prepared by Engineering Enterprises, Inc., dated March 28, 2018; d. Plat of Annexation to the City of Elgin Kane County, Illinois, prepared by Engineering Enterprises, Inc., dated June 18 2019, with such further revisions as required by the City Engineer; e. Final Plat of Morningside Point Subdivision,prepared by Engineering Enterprises, Inc.,dated October 25,2018,last revised May 28,2019,with such further revisions as required by the City Engineer; f. Site Plan&Geometric Plan,prepared by Haeger Engineering, dated May 10,2019, with such further revisions as required by the Community Development Director; g. Landscape Plan,prepared by Ringers Landscape Services,Inc.,dated July 16,2018, last revised May 12, 2019, with such further revisions as required by the Community Development Director; h. Site Photometric and Lighting Plan, prepared by Haeger Engineering, dated July 1, 2019, with such further revisions as required by the Community Development Director; i. XSP2 LED Street/Area Luminaire by CREE light fixture specification, received June 18, 2019, with such further revisions as required by the Community Development Director; j. XSPW LED Wall Mount Luminaire by CREE light fixture specification, received June 18, 2019, with such further revisions as required by the Community Development Director; k. Everclean Carwash plans, prepared by Barker/Nestor Architecture+ Design,dated May 15, 2019, with such further revisions as required by the Community Development Director; 1. Site Plan and Geometric Plan, Sheet 10 of 10, with signage notations, prepared by Bono Consulting, Inc., dated May 9, 2018, last revised March 6, 2019, with such further revisions as required by the Community Development Director; m. Sign Plans, prepared by Landmark Sign Group, dated May 15, 2019, with such further revisions as required by the Community Development Director; and n. Car Wash Development Site Development Plan 1620 Villa Street, Elgin , Cook County, IL preliminary engineering plans, prepared by Bono Consulting, Inc., dated May 9, 2018, last revised April 5, 2019, with such further revisions as required by the City Engineer; In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 3 • 2. A departure is hereby granted to allow the construction of the building with no masonry material on all building elevations. 3. A departure is hereby granted to allow three wall graphics on the building. 4. A departure is hereby granted to allow a total of four directional graphics. The directional graphics at the driveway entrances/exits to the site, and the directional graphic for"Free Vacuums"must include a masonry base which matches the masonry base of the main monument graphic. The proposed "1 A Illuminated Go-Go Sign" graphic is not required to have a masonry base. All directional graphics shall be maximum three feet high and two square feet in area(not including the base). 5. A departure is hereby granted to allow a total of six drive-through facility graphics.The "Lane Menu Towers"graphics adjacent to the drive-through pay-lanes are not required to have a masonry base, and must be constructed in substantial compliance with the following: a. Sign Plans, prepared by Landmark Sign Group, dated May 15, 2019, with such further revisions as required by the Community Development Director; 6. Any type of portable graphics, including"Windmaster Signs" are not permitted. 7. The exterior of the refuse enclosure shall match the exterior material of the building. 8. All exterior site lighting shall be installed in compliance with Chapter 19.13, "Outdoor Lighting", of the Elgin Municipal Code, as amended. 9. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. David J. Kaptain, Mayor Presented: July 24, 2019 Passed: Vote: Yeas Nays: Recorded: Published: Attest: Kimberly A. Dewis, City Clerk 4 EXHIBIT E M SECTION:20 ! i li I I YE PORDWPOR 501T ONMOSSP RE CENTER 6 RE HEADNALL 6 E[ CAR WASH DEVELOPMENT TOWNSHIP:41N . JO'RCP Pc RE EES/StE 6 LIARRYT LEI[IM t KM 6 ROUE R ,RANGE:9E ECPAT_- 79430(WOE) DEVELOPMENT PLAN SR PRW 5 Citi MOSS N CET RE COW 6 DE SOW RAW AT R[ PMI:011-2194110.0011. NIXINMESt COM 6 RC1/R 10 MOLY6bYT LAE 06-20-400.000. �� 79921 NAM) — 1620 VILLA STREET, ELGIN, COOK COUNTY, IL 06.20.400-004 PRELIMINARY ENGINEERING E°` SITE LOCATION MAP _ AERIAL MAP I I DRAWING INDEX: - / .R �� .. '� ... 1. TITLE SHEET, LEGEND, SITE LOCATION. & AERIAL MAP I • g IR 2. EXISTING TOPOGRAPHY t� 3. DEMOLITION PLAN N C 4. PHASE - I -SOIL EROSION & SEDIMENTATION CONTROL PLAN ! II 5. PHASE - II -SOIL EROSION & SEDIMENTATION CONTROL PLAN .nM' 'T E. s - a . 6. SWPPP (NOT INCLUDED) • e ¢ 7. PROPOSED GRADING & DRAINAGE PLAN - OVERALL SITE 0 t � � 7A. DRAINAGE ARCA & INUNDATION DUC TO OUTLET PtRE FAILURE CX11101T -11. .._ .... 9.-••r- 8. PROPOSED UTILITIES PLAN - OVERALL SITE '` . :_� �e 9A. SANITARY SEWER PLANrR ¢c — 98. WATCRMAVI RYAN A. PROFILE C'u3hi i_ ..• ` 10. SITE PLAN & GEOMETRIC PLAN — OVERALL SITE U di -_• ty M T7 6 clic' . �'A R�rA- w7 6r.eMI .. Allf ,., ,o, a..WaYD CM.,5T 5 a.r•3.2 61 Em.r. TO.L MG OE 95 f.12 KMS uv�iaia R5.W°Ma 6 9TE.312.[.ES WAS w95Trp•O,SITE TRaE ad ARE NO IAPSTMAWT.. 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" ,Tb' -0-----1—:,-t---- 0; ___Y—' 4O Na PARA.SIM roe LATE:iL • •"� 7 _ p w NO,EN,n pe-r) a� �e ° ail p'A ,�"� +Y;, - ,...o p PEOCSO.N CROSS.sa ‘`.,/' A( . 1* ',', ,.wBc.�2 �a-% �, O BELO TO PmcmuNS -xn)r DEEP e r RToM ME.ACE 0A Ir ''�':•�• _\ T LOT I ? 7 THE awe TO SIGN y •A OP B \ .\ �r�� ' . ,, �/ -17.F:-. 2. PAVEMENT MARRING LEGEND a I� / "y ..„,„,..„,,,N.,::,....,:,.. ).=,-. O ..,E Earp STOP BM U CC Z ......... �' • ' . ® A•'EU..Taw LK •.��, 1�.Y1p5b°' e j / __. 0505 © or mum UNE w 2 CJ �.u_�v� R5-1 .a\ / & `` �.�. ® 0505 - Q w RI •D0 NOT ENTER' ,t `Y ® ACCESSIBLE oA,w BRE.. A¢ AP.orEr.r 4AaiPNcs-s¢CURL LG ¢ ~ LU SIGNbo / / ® W s .,, a'❑ ,r / 0 '.vla a.aoNAl At a•sPAcm�'o.c. 318 V ¢ , If, 5 •. I © • aZ ¢ 0505 PAVEMENT LEGEND w• • WAYS DITTY PAVIRTELAT I I— j�jE71-11..- • 2•BTVMNWS SAME caws.ND B MB.-Nso I .�'.nYuwiM COURSE.POT-TRY„ �ASVNAIT,IL_,0.Neo - • / \S I ,2”ACGRECATE BASE COMM CA-a.TYPE fB / 2-I/Y enuM,ars 9➢6ACE CCUasc,nOT-w....T.4a 0,Neo AGCRE S.,N:, % �, e. aswiE pws CORSE CA-L.TYPE e / PAWNOR.IB/s.6 a/1A,YIL�,B ALLaa[0 w PO. rdf PR LMSrwLrm. �\•'�' COMPACTED AGGREGATE BASE CA-a.TYPE B P \ -aATN CtEtu A VOuh Peaq • h �� \ ercco4a[TE PAYMENT or/646 VI M :.7::=.7.•...7:-=....,1ww CO.OKTED AGGREGATE BAM a.7PE BpRuecT K.. misi Y 9 B' e' �\ \ - \ fSIDF�e✓ aEAv.i COKa[rt(0'•t aevEaA+S) RAPTdDEAMT E SCALE m, ,i, ,,{{{ . ca.PAcrtn AGGREGATE MR couasE.PRE a rL° — - 4 ACCESSIBLE PARKING SIGN ACCESSIBLE PARKING ® \ - Yr",� ' Id MOUNTING STALL REPIACEAaF I®P0.YN[a COMPJTE PUTFS ❑ va ❑ • 5 ��(,a-; -- — _ REFER TO CCT.PETE A4r DETAILS or ANTI. 1 0 or 1 0 ANNEXATION AGREEMENT EXHIBIT F CITY OF ELGIN DEVELOPMENT IMPACT & RECAPTURE FEE ESTIMATE Project Name or Address: 1620 Villa (Everclean Carwash) 4689 sq.ft. Date of Estimate: 7/18/2019 School District(46, 301, or 300): 46 Location: Other Sewer Recapture Area: N/A Water System Number of Charge Capital Connection Fees (§ 17.04.050) Services Per Service Total Charge Number of 1"or Smaller Water Services: 0 $1,300 $0 Number of 1.25"Water Services: 0 $2,030 $0 Number of 1.5"Water Services: 0 $2,910 $0 Number of 2"Water Services: 1 $5,160 $5,160 Number of 4"Water Services: 0 $20,680 $0 Number of Water Services Larger than 4": 0 $25,000 $0 Fire Suppression Service 1 $1,300 $1,300 Total: 2 $6,460 IMPACT FEE CATEGORY REVENUE CODE ALLOCATION 4A Community Park Capital Fee 340-0000-605.28-51 $0.00 CP Community Park Land Fee 340-0000-605.14-51 $0.00 Library: 010-0000-231.12-00 $0.00 Roadway Contribution: Road Project Fee $0.00 School Capital (U46): 010-0000-237.11-01 $0.00 School Land (U46): 010-0000-237.10-01 $0.00 Sewer Recapture (Bowes Creek Oversize): 440-0000-605.15-07 $0.00 Sewer Recapture (Bowes Road I.S.): 440-0000-605.15-02 $0.00 Sewer Recapture (BRIS Trunk 20): 440-0000-605.15-06 $0.00 Sewer Recapture (North Randall I.S.): 440-0000-605.15-03 $0.00 Sewer Recapture (Northwest I.S.): 440-0000-605.15-05 $0.00 Sewer Recapture (Tyler Creek/Big Timber): 440-0000-605.15-01 $0.00 Water System Capital Connection Fee 420-0000-605.29-00 $6,460.00 TOTAL: $6,460.00 RECAPTURE FEES OWED/PAYBLE TO CITY None. RECAPTURE FEES OWED/PAYBLE TO OTHERS Property subject to recapture ordinance T6-86. Subject property is part of property identified as Parcel 23, Parcel 27 and Parcel 31 in Ordinance T6-86. The developer to pay the recapture for the entire property held in common ownership (Parcel 23, Parcel 27 and Parcel 31). Total principal amount for Parcel 23, Parcel 27 and Parcel 31 equals: $23,454.32. Total recapture fee owed equals principal amount plus interest calculated as provided in Ordinance T6-86.