HomeMy WebLinkAbout19-142 Resolution No. 19-142
RESOLUTION
AUTHORIZING EXECUTION OF A THIRD AMENDMENT TO ANNEXATION
AGREEMENT WITH EDGEWATER BY DEL WEBB COMMUNITY ASSOCIATION, AN
ILLINOIS NOT-FOR-PROFIT CORPORATION
(Edgewater Subdivision)
WHEREAS, City and the owner of certain property within the Edgewater Subdivision have
proposed that the annexation agreement between such owner and the City of Elgin be further
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 Third Amendment to Annexation Agreement with Edgewater By
Del Webb Community Association 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 David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute, on behalf of the City of Elgin, the Third Amendment to
Annexation Agreement with Edgewater By Del Webb Community Association, a copy of which is
attached hereto.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 9, 2019
Adopted: October 9, 2019
Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
THIRD AMENDMENT TO ANNEXATION AGREEMENT
(EDGEWATER)
THIS THIRD AMENDMENT TO ANNEXATION AGREEMENT ("Amendment"),
made and entered into as of the 9th day of October , 2019 , by and between THE
CITY OF ELGIN,ILLINOIS,a municipal corporation of the Counties of Kane and Cook, State
of Illinois(the "City") and EDGEWATER BY DEL WEBB COMMUNITY ASSOCIATION,
a Illinois Not-For-Profit Corporation("Owner")
WITNESSETH
WHEREAS, the City and the predecessor Owners of the property commonly known the
Pulte Active Adult Resort Community Edgewater Development (the "Edgewater Subdivision")
entered into an Annexation Agreement for such property dated June 11, 2003 (the "Annexation
Agreement"); and
WHEREAS, the City and the predecessor Owner Pulte Home Corporation entered into a
First Amendment to the Annexation Agreement dated November 29, 2006 (the "First
Amendment"); and
WHEREAS, the City and the predecessor Owner Pulte Home Corporation entered into a
Second Amendment to the Annexation Agreement dated July 13,2011 (the"Second Amendment",
with the Annexation Agreement, First Amendment and Second Amendment being hereinafter
referred to as the "Agreement"); and
WHEREAS, Owner Edgewater by Del Webb Community Association, is a successor
property owner of portions of the Edgewater Subdivision, consisting of the common areas of such
Subdivision including,but not limited to, the private streets within such Development; and
WHEREAS, Owner desires to further amend the Agreement with respect to allow the
storage of certain landscape maintenance and snow clearing equipment on part of Prairie Shore
Drive, a private street within Edgewater Subdivision(Community); and
WHEREAS,the City desires to accommodate Owner's desire to so amend the Agreement:
and
WHEREAS, the City has held the public hearings on the proposed amendment to the
annexation agreement as required by law.
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. The following is hereby inserted in the Agreement as Paragraph SIXTY-THREE:
"SIXTY-THREE. Equipment Location and Storage. As a private Community, the
Owner shall be permitted to locate specific equipment on the northern-most 250 feet of Prairie
Shore Drive in Edgewater Subdivision, as depicted on Snow Equipment and Landscape
Maintenance Storage Area Site Plan, prepared by Manhard Consulting Ltd., dated October 31,
2017, last revised August 14, 2019, with such further revisions as required by the Community
Development Director, Exhibit A of this Third Amendment. The equipment to be stored in such
location shall be for the purpose of landscaping of the turf areas in the Community,as well as snow
removal from the streets, driveways, and sidewalks in the Community. The number and type of
equipment to be stored in such area shall be as needed in the determination of Owner's contractor,
and may be increased or diminished as necessary without the need to further revise this Paragraph.
Exhibit A reflects the location of all temporary seasonal equipment and storage
container(s). Owner shall also erect and maintain a board-on-board fence with a height of eight
(8) feet, as reflected on Exhibit A, in order to enclose the maintenance equipment storage area.
The gates at the north and south ends of the enclosed area for equipment storage shall also be eight
(8) feet high of solid material which matches the remainder of the fence enclosure in color and
material. A lock daisy and/or lock box shall be provided and installed at both gates to allow City
staff and/or its contractors and representatives the access to the fenced-in area for emergency
response and maintenance of city-owned utility infrastructure.
The Owner shall install and maintain the landscaping materials as depicted on Storage Area
and Landscape Maintenance Landscape Plan, prepared by Manhard Consulting Ltd., dated
November 3, 2017, last revised August 14, 2019, with such further revisions as required by the
Community Development Director, Exhibit B of this Third Amendment."
C. The Owner shall concurrently with the execution of this Third Amendment execute
and deliver to the City the Plat of Easement Abrogation and Grant prepared by Manhard
Consulting, Ltd., dated April 3, 2019, last revisedftmik& 2019, attached hereto as Exhibit C.
September 25
D. Within thirty (30) days following the entry into this Third Amendment the City
shall adopt an ordinance amending Ordinance No. G41-05 to allow for the storage of the snow
equipment and landscape maintenance storage area on a portion of Prairie Shore Drive as provided
in this Third Amendment, in form attached hereto as Exhibit D.
E. In the event of any conflict between the terms of the Agreement and the terms of
this Amendment, the terms of this Amendment shall control. In all other respects,the Agreement
shall remain in full force and effect as originally written and as amended.
CITY OF ELGIN EDGEWATER BY DEL WEBB
COMMUNITY AppSSOCIATION
By: By:
ayor
Its: ��Azd) ,PSG
ATTEST:
By:
Wt
City Clerk
F:\Legal Dept\Agreement\Annexation-Agr-3rd Amend-Edgewater by Del Webb-2700 Bowes Rd-Clean 9-23-19.docx
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EXHIBITS
Exhibit A: Snow Equipment and Landscape Maintenance Storage Area Site Plan,prepared by
Manhard Consulting Ltd., dated October 31, 2017, last revised August 14, 2019,
with such further revisions as required by the Community Development Director.
Exhibit B: Storage Area and Landscape Maintenance Landscape Plan, prepared by Manhard
Consulting Ltd., dated November 3, 2017, last revised August 14, 2019, with such
further revisions as required by the Community Development Director.
Exhibit C: Plat of Easement Abrogation and Grant prepared by Manhard Consulting, Ltd.,
dated April 3, 2019, last revised September 25, 2019
Exhibit D: Ordinance Amending Ordinance No. G41-05, Which Classified Newly Annexed
Territory in the PCF Planned Community Facility District(Edgewater Subdivision-
2700 Bowes Road)
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EXHIBIT D
Ordinance No. Gxx-19
AN ORDINANCE
AMENDING ORDINANCE NO. G41-05, WHICH CLASSIFIED NEWLY ANNEXED
TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT
(Edgewater Subdivsion-2700 Bowes Road)
WHEREAS, the territory herein described has been classified in the PCF Planned
Community Facility District, and is subject to the requirements of Ordinance No. G41-05; and
WHEREAS, written application has been made to amend PCF Planned Community
Facility District Ordinance No. G41-05, to construct a commercial operations yard along the
northern-most 250 feet of Prairie Shore Drive within Edgewater Subdivision, and
WHEREAS, after due notice in the manner provided by law, the Planning and Zoning
Commission conducted a public hearing concerning said application on August 5, 2019; 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 an amendment
to the PCF Planned Community Facility District established by Ordinance No. G41-05, 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 August 5, 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 Section 2. F. of Ordinance No. G41-05, which regulates "Land Use"
in the PCF Planned Community Facility District of the Subject Property, is hereby amended to
allow the following additional land use as a "permitted use" [SR] in this PCF zoning district:
Miscellaneous Uses Division.
14. "Commercial Operations Yard" [SR] (UNCL) along the northern-most 250 feet of
Prairie Shore Drive part of Edgewater Subdivision
Section 3. That Section 2.G. of Ordinance No. G41-05,which regulates"Site Design"
in the PCF Planned Community Facility District of the Subject Property, is hereby amended to
include the following additional conditions:
9. Substantial conformance to the Development Application submitted by Edgewater by
Del Webb Community Association, as applicant and property owner, received
February 28, 2018, and supporting documents including:
a. Undated Statement of Purpose and Conformance to Amend the Edgewater by Dell
Webb Annexation Agreement with the City of Elgin, received February 28, 2018;
b. Snow Equipment and Landscape Maintenance Storage Area Site Plan,prepared by
Manhard Consulting Ltd., dated October 31, 2017, last revised August 14, 2019,
with such further revisions as required by the Community Development Director;
c. Storage Area and Landscape Maintenance Landscape Plan, prepared by Manhard
Consulting Ltd., dated November 3, 2017, last revised August 14, 2019,with such
further revisions as required by the Community Development Director; and
d. "Edgewater Subdivision" Plat of Easement Abrogation and Grant, prepared by
Manhard Consulting Ltd., dated April 3, 2019, last revised April 26, 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.
10. The gates at the north and south ends of the enclosed area for equipment storage shall
be eight (8) feet high of solid material which matches the reminder of the fence
enclosure in color and material.
11. The fence and gates enclosing the storage area shall be eight (8) feet high.
12. Additional evergreen landscaping materials must be installed on the exterior of the
fence.
13. Compliance with all applicable codes and ordinances.
Section 4. That except as amended herein, the use and development of the Subject
Property shall be controlled pursuant to the provisions of Ordinance No. G41-05. In the event of
any conflict between this ordinance and Ordinances No. G41-05, this ordinance and associated
documents shall control and prevail.
Section 5. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
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David J. Kaptain, Mayor
Presented: October 9, 2019
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Kimberly A. Dewis, City Clerk
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