HomeMy WebLinkAbout19-82 Recorded Resolution No. 19-82
RESOLUTION
AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH
ELGIN CC, L.L.C., A DELAWARE LIMITED LIABILITY COMPANY AND BARTEL'S
FARMING CORPORATION, A DELAWARE CORPORATION
(Mason Rd., 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: May 22, 2019
Adopted: May 22, 2019
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
Resolution No. 19-82
RESOLUTION
AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH
ELGIN CC, L.L.C., A DELAWARE LIMITED LIABILITY COMPANY AND BARTEL'S
FARMING CORPORATION, A DELAWARE CORPORATION
(Mason Rd., 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: May 22, 2019
Adopted: May 22, 2019
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
2019K021109
THIS INSTRUMENT PREPARED BY SANDY WEGMAN
RECORDER - KANE COUNTY, IL
AND RETURN TO: RECORDED: 5/24/2019 1:35 PM
William A. Cogley REC FEE: 52.00
Corporation Counsel PAGES: 2
City of Elgin
150 Dexter Ct.
Elgin, Illinois 60120
THE ABOVE SPACE FOR RECORDER'S USE
MEMORANDUM OF ANNEXATION AGREEMENT
WITNESSETH
On May 22, 2019, the City of Elgin, an Illinois municipal corporation, Elgin CC, L.L.C. a
Delaware limited liability company and Bartel's Fanning Corporation, a Delaware corporation, as
Developer and Owner of the real estate legally described in Exhibit A attached hereto(the"Subject
Property")entered into an Annexation Agreement(the"Annexation Agreement"). The Annexation
Agreement provides for the annexation of the Subject Property into the City of Elgin and provides
for certain other requirements including,but not limited to,requirements relating to the use,zoning
and development of the Subject Property. The Annexation Agreement should be reviewed and
consulted regarding the specific terms and provisions that encumber the Subject Property.
IN WITNESS WHEREOF,this Memorandum of Annexation Agreement has been prepared
and recorded by the City of Elgin.
CITY OF ELGIN, an Illinois municipal
corporation
By
r /
V •
William A. Cogle
Its Corporation Coe
Subscribed and sworn to before me
this 7.3 day of May,2019. �..;,..;.1.
"OFFICIAL SEAL"
�� KATUN S.BAILEY
Mabry Public,Stets of Minds •
Notary Public MyCommission Wino 011/21Mi
F:\Legal Dept\Agreement\Annexation Memorandum-Elgin CC&Bartels Farming-Mason Rd-5-22-19.docx
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
That part of the East Half of the Southwest Quarter of Section 30, Township 42 North, Range 8,
East of the Third Principal Meridian, lying Southerly of land acquired by the Illinois State Toll
Highway Commission by Proceedings filed in the Circuit Court of Kane County, Illinois as Case
No. 56-1213 in the Township of Dundee, Kane County, Illinois.
Page 19 of 25
THIS INSTRUMENT PREPARED BY
AND RETURN TO:
William A. Cogley
Corporation Counsel
City of Elgin
150 Dexter Ct.
Elgin, Illinois 60120
THE ABOVE SPACE FOR RECORDER'S USE
MEMORANDUM OF ANNEXATION AGREEMENT
WITNES SETH
On May 22, 2019, the City of Elgin, an Illinois municipal corporation, Elgin CC, L.L.C. a
Delaware limited liability company and Bartel's Farming Corporation, a Delaware corporation, as
Developer and Owner of the real estate legally described in Exhibit A attached hereto(the"Subject
Property") entered into an Annexation Agreement(the"Annexation Agreement"). The Annexation
Agreement provides for the annexation of the Subject Property into the City of Elgin and provides
for certain other requirements including,but not limited to,requirements relating to the use,zoning
and development of the Subject Property. The Annexation Agreement should be reviewed and
consulted regarding the specific terms and provisions that encumber the Subject Property.
IN WITNESS WHEREOF,this Memorandum of Annexation Agreement has been prepared
and recorded by the City of Elgin.
CITY OF ELGIN, an Illinois municipal
corporation
"V •
By I
William A. Cogle
Its Corporation C.
Subscribed and sworn to before me
this 23 day of May, 2019. - ,
"OFFICIAL SEAL"
-a,.. •. _ 4r KAIUIN S.BAILEY
Notary PUbllo,State of Mole
Notary Public Irb►CommNwIon tmlimo 66IIIfl1i
•
F:\Legal Dept\Agreement\Annexation Memorandum-Elgin CC&Bartels Farming-Mason Rd-5-22-19.docx
ANNEXATION AGREEMENT
CROW-ELGIN BUSINESS PARK
Mason Rd., Elgin, IL
THIS AGREEMENT made and entered into this 22nd day of May, 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"), ELGIN CC, L.L.C., A DELAWARE LIMITED
LIABILITY COMPANY (hereinafter referred to as "Developer"), and Bartel's Farming
Corporation, a Delaware corporation (hereinafter referred to 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, as one of its purchase conditions, the Developer, in cooperation with the
Owner,must first 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, each recognizes 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 Rutland Dundee 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 Dundee Township, but because there
is no highway adjacent to the Subject Property that is under the jurisdiction of the said township,
no notice was required to be given to the Township Commissioner of Highways or any of the
Trustees of said Township; and
Page 1 of 25
WHEREAS, the Mayor and City Council of the City(the"Corporate Authorities")have
duly set a date,time and place for a public hearing on this Annexation Agreement,and have caused
due notice to be made of said public hearing through publication in the Daily 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 a public hearing was
held by the Planning and Zoning Commission 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. (a) The Corporate Authorities, within thirty (30) days following (i) the
execution of this Agreement, (ii) the receipt by the City Clerk of a current title report verifying
that Bartels Farming Corporation was the owner of record of the Subject Property, (iii) the filing
of Owner's and Developer's Petition for Annexation in form and substance as required by law, (iv)
receipt of a certified copy of the ordinance annexing the Subject Property to the Fox River Water
Reclamation District (FRWRD) or evidence reasonably satisfactory to the City that FRWRD has
agreed to annex the entire Subject Property within 60 days of the date of this Agreement, and (v)
receipt of evidence that the Developer has acquired fee simple title to the Subject Property from
the Bartels Farming Corporation, shall pass an ordinance ("Annexation Ordinance") annexing
the Subject Property to the City. The Annexation Plat for the subject ordinance shall be in the
form of Exhibit B attached hereto and made a part hereof, and shall be promptly recorded in the
office of the Recorder of Deeds of Kane County, Illinois.
(b) In the event the Developer fails to file the materials described in Section
2(a) above with the City Clerk within ninety(90) days following the execution of this Agreement,
the City or the Owner may elect to terminate this Agreement by providing written notice to all of
the other parties to this Agreement. In the event of such written notice is given in accordance with
the preceding sentence, then this Agreement shall be deemed terminated without further
obligations of the parties hereunder.
3. A. Immediately after the passage of the ordinance annexing the Subject Property,
as provided in paragraph 2 hereof, the Corporate Authorities shall pass or adopt (i) an ordinance
zoning the property in the PORI-Planned Office, Research, Industrial District in the form attached
hereto as Exhibit C (the "PORI Ordinance"), and (ii) a resolution approving the final plat of
Page 2 of 25
subdivision of the Subject Property, prepared by Haeger Engineering dated March 15, 2019, last
revised May 16, 2019, with such further revisions as required by the City Engineer, which plat
(the"Final Plat") shall be 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.
C. The Subject Property shall be developed in substantial conformance with the
development plan(s) and plat(s)defined in Section F of the PORI Ordinance. Notwithstanding the
foregoing, the City and the Developer agree that the following changes may be approved by the
City's Development Administrator as "minor amendments" pursuant to Section 19.60.200 of the
Elgin Municipal Code, 1976 (an in addition to the changes enumerated in said Code section), each
and all without public hearings and without formal amendment to this Agreement or the underlying
PORI Ordinance:
(i) Reasonable modifications to the final engineering plans on which the Final Plat was
based (the "Final 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
Engineering Plans and are approved by the City's engineer;
(ii) The proposed large building(Building C,375,000 square feet)depicted on the north
side of the Subject Property on Site Plan A prepared by Harris Architects dated
February 15, 2019 may be reduced in size and repositioned as shown on Site Plan
B(or in any other substantially similar iteration)with associated reasonable parking
and landscaping changes, as approved by the City's Development Administrator;
(iii) The two (2) smaller buildings(Buildings A and B)depicted on the north side of the
Subject Property on Site Plan A prepared by Harris Architects dated February 15,
2019 may be combined into (or replaced by) one building, with associated
reasonable parking and landscaping changes, as approved by the City's
Development Administrator;
(iv) Changes may be made to the architectural design and associated landscaping of any
of the three buildings depicted on the Site Plan A for the Subject Property, but in
such event, the architecture, exterior building materials, landscape design and
configuration of such revised building(s) shall be designed in conformance with
Chapter 19.14 "Architectural Review and Design", of the Elgin Municipal Code as
in effect as of the date of the original enactment this Agreement.
D. Owner or Developer shall be allowed to seek amendments to the Final Plat without
amending this Annexation Agreement, and the City shall approve any such amendment(s) so long
as it/they are consistent with(i)applicable ordinances,(ii)sound engineering practices(including,
Page 3 of 25
without limitation, stormwater practices), (iii) the Final Engineering Plans, and (iv) the terms and
conditions of this Agreement. Additionally, and without limiting the generality of the preceding
sentence,the City agrees to reasonably consider(and not to unreasonably deny,condition or delay)
the approval of any variation that may be requested by the Owner or Developer to the City's
stormwater ordinance which requests a variation from the requirement of a 5 foot maximum
allowable water fluctuation ("bounce") in the detention ponds in order to allow a maximum
allowable water fluctuation (bounce) in the detention ponds of a maximum of 2.5 additional feet,
for a total of a maximum of 7.5 feet of allowable water fluctuations (bounce) in the detention
ponds.
E. Developer shall be responsible at its cost for the construction and installation of
those on-site public improvements and utilities consisting of storm sewers, sanitary sewers, water
mains, streets and appurtenant structures as are needed to adequately service the Subject Property
in accordance with applicable City ordinances and requirements and as are depicted on the Final
Engineering Plans for the Subject Property. Notwithstanding anything to the contrary in this
Agreement, all newly-installed 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 Developer's cost, but the
Developer shall not be required to bury existing above-ground utilities. Adequate security as
provided by law shall also be furnished by Developer for any such improvements. Owner shall
dedicate to the City,and,the City shall accept,all municipal utility easements,including roadways,
water, sanitary sewer, and storm sewer easements to detention/retention facilities, if any, included
in each phase of the project and shall also grant easements to applicable utility companies for gas,
electric, telephone, and cable television; all of such easements and facilities shall be consistent
with the City ordinances and practices regulating condition,placement,use and size of easements.
F. The final engineering plans on which the Final Plat for the Subject Property is based
(the"Final Engineering Plans")call for the Developer to construct and extend(i)the City's right-
of-way known as Alft Lane and (ii) associated sanitary sewer, storm sewer, water main, public
sidewalk on both sides of Alft Lane extension, street lights, and street trees (collectively, the
"Subject Alft Lane Improvement") beginning at a point on the south boundary of the Subject
Property and terminating with a cul-de-sac, as more fully depicted in the Final Plat. Upon
substantial completion of such Subject Alft Lane Improvement on or before December 31, 2020,
the City agrees to adopt a recapture ordinance for the benefit of the Owner or Developer in the
form attached hereto as Exhibit E (the "Recapture Ordinance") to collect from the owners of the
one benefited property immediately West of the Subject Property and bearing Kane County tax
parcel identification number 03-30-300-009 (the"Plote Parcel")their pro rata share of the cost of
such Subject Alft Lane Improvement. The Recapture Ordinance shall provide for interest at the
rate as published by the Wall Street Journal at the WJS Prime Rate Plus One Percent(1%) as may
be prevailing at the time the Recapture Ordinance is adopted. As to said Recapture Ordinance,the
City shall reasonably determine the amount subject to recapture for such benefited property based
upon invoices for the Subject Alft Lane Improvement submitted by the Developer to the City.
Recapture shall be based upon an acreage basis of both the Subject Property and the one benefitted
property identified above. 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
Page 4 of 25
is no development of the property contemplated to be benefited by such improvement or the
recapture fees are otherwise uncollected for any reason. Notwithstanding the foregoing, or
anything else to the contrary in this Agreement, in the event the Developer fails to substantially
complete the Subject Alit Lane Improvement on or before December 31, 2020, subject to
extensions for force majeure, the parties understand and agree that the City shall not be required
to adopt the Recapture Ordinance for the benefit of the Owner or Developer for the Subject Alft
Lane Improvement.
4. Developer represents that, prior to the date of this Agreement, Developer(with the
cooperation of the Owner)has petitioned the Fox River Water Reclamation District ("FRWRD")
to Annex the Subject property to FRWRD, with such annexation to take place following the date
of purchase of the Subject Property by Developer (or its affiliate) from the current Owner (with
such date being hereinafter called the "Developer's Purchase Date"). It is hereby agreed as
follows:
(a) Within sixty (60) days of the Developer's Purchase Date (as such date may be
reasonably required to accommodate the scheduling and requirements of FRWRD), the Developer
shall cause the Subject Property to be annexed to FRWRD and shall provide to the City (i) a
certified copy of the ordinance annexing the Subject Property to FRWRD or (ii) evidence
reasonably satisfactory to the City that FRWRD has annexed a portion of the Subject Property and
agrees to annex the balance of the Subject Property in phases
(c) Owner and Developer acknowledge and agree that no development shall occur on
(and no building permits shall be issued with respect to) the Subject Property until the City is
presented with the materials specified in Section 4(a) above, or with evidence reasonably
satisfactory to the City that FRWRD has annexed a portion of the Subject Property and agrees to
annex the balance of the Subject Property in phases.
5. A. Owner and Developer shall comply with the Elgin Municipal Code Title 17--
Development Impact Fees, as amended, which the Parties agree shall be those fees as set forth
and calculated on Exhibit F attached hereto (the "Stipulated Impact Fees"). Such Stipulated
Impact Fees shall be paid on a per unit basis (per building) concurrent with the issuance of a
building permit. Owner hereby represents and agrees that Owner is paying the Stipulated Impact
Fees to the City provided for in this paragraph and this Agreement as an inducement to the City
to annex the Subject Property. Owner further agrees that the contemplated Stipulated Impact Fees
to be paid the City for the improvements which may ultimately be constructed 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
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 acknowledges the
propriety, necessity, and legality of the fees and contributions provided for in this paragraph 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 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,
Page 5 of 25
assigns and the grantees of their properties, not to sue the City or maintain any other legal action
or defense against the City with respect to such fees and contributions.
B. The calculation of the City's Stipulated Impact Fees under current ordinances is
attached hereto as Exhibit F. Notwithstanding anything to the contrary in this Agreement, with
respect to any new building as to which a building permit is first obtained on or after the second
anniversary of this Agreement, it is agreed and understood that the Subject Property and the
Owner and Developer and their successors and assigns shall be subject to and shall be required
to pay any and all new and/or increased fees or other contributions that are(i)imposed or adopted
by the City and (ii) applicable to other properties of similar use. Nothing herein prevents the
Owner or Developer from prepaying any impact fees in order to avoid subsequent impact fee
increases.
6. A. Owner shall dedicate to the City without cost the Subject Alft Lane as
depicted in the Final Plat. Developer shall also provide for the owner of the adjoining Plote Parcel
to dedicate to the City without cost the portion of the Subject Alft Lane as depicted in the Plat of
Dedication prepared by Haeger Engineering dated April 22, 2019, attached hereto as Exhibit G,
with such further revisions thereto as required by the City Engineer. Developer shall also provide
for the owner of the adjoining Plote Parcel to grant to the City without cost a stormwater
management easement on the Plote Parcel relating to drainage from the Subject Alft Lane
Improvement in a form as required by the City Engineer and as approved by the Corporation
Counsel. Such dedication and stormwater management easement from the adjoining Plote Parcel
shall be provided to the City prior to the issuance of any building permits for the Subject Property.
Owner and Developer shall provide for the construction of the Subject Alft Lane Improvement at
its cost pursuant to the Final Engineering Plans approved by the City Engineer. Owner and
Developer shall provide for the construction of such Subject Alft Lane Improvement as part of
the initial development activities on the Subject Property and shall complete such Subject Alft
Lane Improvement prior to the issuance of any occupancy permits on the Subject Property.
B. In consideration of the Developer's acquisition of the Subject Property and the
annexation of the Subject Property into the City of Elgin, and Developer providing for the
development of the Subject Property, including completing the Subject Alft Lane Improvement,
the City agrees to and shall waive the recapture payment due the City from the Subject Property
arising from City of Elgin Ordinance Number G113-06 recorded January 29, 2007, as document
number 2007K012459 allocating the costs of certain Roadway Improvements to benefitted
properties. For the purpose of clarification, the Subject Property is identified in such Ordinance
No. G113-06 as Parcel 10 and pursuant to such ordinance the Subject Property has a principal
recapture amount of$126,000 plus interest as provided for in such ordinance. Notwithstanding
the foregoing, or anything else to the contrary in this Agreement, in the event the Owner fails to
complete the Subject Alft Lane Improvement on or before December 31,2020(subject reasonable
extension of said date due to delay caused by force majeure), the parties understand and agree
that the City will not be waiving the recapture payment due for the Subject Property pursuant to
Ordinance Number G113-06.
7. Owner shall cause all portions of Subject Property depicted on development plan(s)
Page 6 of 25
or plat(s) of subdivision as hereinafter approved by the City as wetlands, screening berms and
entry ponds, common open space area, storm water retention areas, and dry detention areas either
to be retained by Owner or to be conveyed to a Property Owners Association or associations
consisting of the owners of all property located in areas designated by Owner, 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 City for review and
approval prior to final plat approval, said Declaration to be filed for recording,at Owner's expense,
with the final plat of the applicable phase of Subject Property as Owner may determine.
8. Except as specifically permitted pursuant to variation or planned development
approval, or paragraphs 9 and 10 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.
9. If during the term of this Agreement, any existing, amended, modified or new
ordinances,codes or regulations of general applicability throughout the community to a land owner
or subdivider affecting the installation of land improvements (streets, underground utilities,
sidewalks, curbs and gutters) upon the Subject Property are amended or modified in any manner
to impose additional requirements on the installation of land improvements within the City, the
burden of such additional requirements shall not apply to the Subject Property. This section shall
not apply to any changes in fees imposed by the City. The City agrees that there shall be no
unreasonable or discriminatory changes in the method of calculation of fees applicable to the
Subject Property.
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 Developer,and
anything to the contrary contained herein notwithstanding, Owner and Developer 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 Developer to tie into the existing sanitary sewer lines
of the City, at Developer's expense, subject to payments required under any reimbursement
ordinances which have been (or notice of which have been) recorded against the Subject Property
prior to the date of this Agreement, and with payment of all applicable fees. At Developer's
expense,City agrees to cooperate with Developer in obtaining all necessary Illinois Environmental
Protection Agency(IEPA)permits required for such sanitary sewer systems and tie-ins. Developer
shall bear all costs for extensions, tie-ins, and permits consistent with applicable City ordinances.
Developer 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. Developer shall install sewer line
extension improvements on the Subject Property in compliance with the Final Engineering Plan
Page 7 of 25
approved by the City Engineer for each phase of the development.
12. City hereby agrees to allow Developer to tie into the existing water lines of the City,
at Developer's expense, subject to payments required under any outstanding reimbursement
ordinances, and with the payment of applicable fees. At Developer's expense, City agrees to
cooperate with Developer in obtaining all necessary Illinois Environmental Protection Agency
(IEPA)permits required for such water main extensions and tie-ins. Developer shall bear all costs
for extensions, tie-ins and permits consistent with applicable City ordinances. Developer 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. Developer shall install water line extension
improvements on the Subject Property in compliance with the Final Engineering Plan approved
by the City Engineer for each phase of the development.
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 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. Developer shall replace or repair damage to public improvements installed within, under or
upon the Subject Property resulting from construction activities by Developer 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.
Notwithstanding the foregoing or anything to the contrary in this Agreement, if water mains to be
constructed on the Subject Property are not to be located within the public right of way,Developer
shall dedicate a twenty (20) foot wide permanent and exclusive easement to the City with terms
acceptable to the Corporation Counsel.
14. Intentionally Omitted.
15. All structures to be constructed on the Subject Property shall be designed and
constructed in conformance with the requirements of the PORI Ordinance enumerated in
paragraph 3 hereof.
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,no action shall be commenced by the
Owner, the Developer, or their respective successors and/or assigns against the City 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.
Page 8 of 25
18. Developer shall be responsible for costs associated with filing and recording of the
plat of annexation and the Final Plat of subdivision or planned development 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.
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. The City agrees that, prior to the issuance of final plat approval the City shall, at
the request of the Developer, promptly issue to the Developer such permits as may be required to
permit the Developer to proceed with the mass grading required for the construction of the
Development;provided,however,that as a condition to the issuance of such permits,(a)Developer
shall be required to submit to the City all of those matters required by Title 21 of the EMC and to
obtain development permits as required by said Title 21, and (b) all other approvals (if any)
required by law to have been obtained by the Developer from other governmental agencies as a
condition to the commencement of such work shall have been obtained.
22. The City agrees that there shall be no unreasonable or discriminatory increases or
changes in the method of calculation of development fees compared to similar fees and charges of
general applicability throughout the City imposed by the City which are in effect as of the date
hereof.
23. After the annexation of the Subject Property to the City, it is agreed that the City
shall create and establish a Special Service Area for the Subject Property pursuant to 35 ILCS
200/27-5, et seq., as amended, to provide the City with the source of revenue for maintaining,
repairing, reconstructing or replacing the stormwater drainage system, detention and retention
areas, special management areas or other improvements located on the Common Area of the
Subject Property should the Owner or the property owners association owning the land on which
such facilities or improvement are located fail to perform maintenance, repair, reconstruction or
replacement in accordance with City ordinances or other applicable requirements of law. The
Owner and any of its successors in interest agree to and do hereby waive any and all protests,
objections and/or rights to petition for disconnection regarding such Special Service Area for the
Subject Property. The Special Service Area is for the exclusive purpose of creating a revenue
source to the City for the referenced maintenance, repairs, reconstruction or replacement and are
not intended and shall not be construed to create an obligation of the City to provide for such
maintenance, repairs, reconstruction or replacement.
24. Intentionally omitted.
25. Whenever consent or approval of the City is required in order for Owner or
Page 9 of 25
Developer to accomplish the purpose and intent hereof, such consent shall not be unreasonably
withheld, conditioned, or delayed. If such consent or approval is denied, such denial shall be in
writing and shall specify the reason or reasons for such denial.
26. Except as may be required pursuant to the Kane County 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; provided, however, that the City shall
give notice to Developer of its intention to issue stop orders in advance of the actual issuance of
such stop orders, except in the event an emergency is deemed to exist by the City.
27. 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.At the Developer's request,the City shall issue up to four(4)separate building
permits for any proposed construction on a lot within the Subject Property, with such phases to be
as follows:
Phase I: Mass Grading Permit.
Phase II: Site Development, inclusive of the installation of underground
utilities and foundations..
Phase III: Building Permit, inclusive of the construction of the shell of the
building as well as base building mechanical, electrical, plumbing,
and fire protection systems.
Phase IV: Tenant Improvements Permit,inclusive of all interior improvements
and tenant-required site improvements.
The issuance of building permits, in and of themselves / 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 28 hereof
28. The City agrees to issue Certificates of Occupancy within a reasonable time(which,
in any event, shall not exceed ten (10) days) after application or to issue a letter of denial within
said period of time informing Developer and the individual or entity to whom the building permit
was issued specifically as to those corrections necessary as a condition to the issuance of a
Certificate of Occupancy and quoting the section of the Code relied upon by the City in its request
for correction. The City agrees that Certificates of Occupancy (temporary or permanent, as the
case may be) shall be issued upon (a) proper application of the appropriate party, (b) compliance
with all applicable building codes, zoning ordinance requirements and other applicable
requirements of law, and(c)receipt and approval by the City of a performance bond(or a suitable
alternative such as an irrevocable letter of credit or a cash deposit) covering one hundred twenty-
Page 10 of 25
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,which amount shall be increased
in the event the City determines that the amount of the bond is insufficient.
29. A. It is understood that prior to the construction of any streets or any other public
improvements, Developer shall submit the required plans, final plat, specifications and engineer's
estimate of probable cost, for approval by the City Engineer, as provided herein, after which and
upon providing the required surety bond, the Developer may proceed to construct said streets and
other public improvements. The surety bond shall be subject to reduction when and as provided
in Section 18.20.050C of the City's Municipal Code.
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.
30. Notwithstanding anything to the contrary in this Agreement, and addition to any
other fees or contributions due or which may be due from the Owner,Owner and Developer hereby
consent and agree on behalf of themselves,and their successors,assigns and grantees of the Subject
Property to pay those recapture and/or reimbursements listed in Exhibit F attached hereto and made
a part hereof(the"Stipulated Recapture Fees"). Notwithstanding the foregoing,the Owner's and
Developer's obligation to make payment pursuant to recapture Ordinance G113-06 is subject to
the provisions of Section 6B of this Agreement. Owner and Developer hereby acknowledge the
propriety,necessity and legality of the recaptures and/or reimbursements referred to in this section
and in this Agreement, heretofore adopted by the City, and do hereby 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 covenants on behalf of themselves and their successors, assigns and grantees
of the Subject Property, not to sue the City and/or any other person or entity or maintain any legal
action or defense against the City and/or other person or entity with respect to such recaptures
and/or reimbursements.
Page 11 of 25
31. 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.
32. Intentionally omitted.
33. Prior to the commencement of construction on the Subject Property, the Developer
shall submit to the City Zoning Administrator a plan showing the location of all proposed
temporary construction 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 shall be located. The Developer shall be permitted a minimum of one (1)
construction trailer and one(1) material storage trailer per building. The Developer shall have the
right to use the construction and material storage trailers for the purpose of its construction until
construction on a site is completed. 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.
34. The Owner shall pay(or reimburse the City for payment of) the disconnection fee,
if any, payable to the Rutland Dundee Fire Protection District under the provisions of 70 ILCS
705/20 (e). At the time of annexation, the Owner 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 Owner 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 Owner shall equitably
readjust the amount of such payment.
35. This Agreement is and shall be deemed and construed to be the joint and collective
work product of the City, the Owner, and the 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.
36. 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
Page 12 of 25
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,
no party shall have the right to seek or recover a judgment for monetary damage against any other
party or their respective officers, directors, employees, agents or elected public officials.
37. 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. 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 Owner
and 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.
38. 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.
39. Notwithstanding anything else to the contrary in this Agreement, any security
posted with the City for the construction and/or completion of improvements on or associated with
the development of the Subject Property shall continue and remain in full force and effect upon
the sale or conveyance of any portion of this Subject Property unless the purchaser or grantee
agrees to complete such improvements and delivers to the City security to cover those obligations,
which security shall be subject to the approval of the City.
40. 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
Page 13 of 25
With a copy to: City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Attention: Corporation Counsel
If to Owner: Bartel's Farming Corporation
Attn: Richard H. Bartels, President
8N711 Percy Road
Maple Park, IL 60151
With a copy to:
Dalton& Herlehy, P.C.
Raymond F. Dalton, Esq.
482 Briargate Drive
South Elgin, Illinois 60177
If to Developer: Elgin CC, L.L.C.,
a Delaware limited liability company
c/o Crow Holdings Industrial
1118 West Fulton Market, Suite 100
Chicago, Illinois 60607
Attn: Matthew Kurucz, Vice President
With a copy to:
Bazos, Freeman, Schuster& Pope, LLC
Peter C. Bazos, Esq.
1250 Larkin Avenue, Suite 100
Elgin, Illinois 60123
41. If the Subject Property, or portions thereof, is 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.
42. 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.
43. The City, the Owner, and the 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.
Page 14 of 25
44. This Agreement shall insure to the benefit of, and be binding upon, the parties
hereto,the successors in title of the Owner, and each of them,their respective successors,grantees,
lessees, and assigns, and upon successor Corporate Authorities of the City and successor
municipalities.
45. 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.
46. 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 each of
them, all grantees, successors, and assigns of the respective parties hereto, including successor
Corporate Authorities and successor municipalities of the City, and assignees of the Developer.
The City may record a memorandum of annexation agreement placing of record the terms,
provisions and obligations of this Agreement.
47. 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.
48. Except as provided in Section 2(c) above, neither the Owner, the Developer, nor
their respective 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 successors in interest hereby waive any and all rights, statutory or
otherwise, to disconnect the Subject Property from the City of Elgin.
49. It is agreed that in the event the Owner or any of the Owner's successors in interest
as to any portion of the Subject Property propose to amend this Agreement or the PORI zoning
ordinance referred to in Paragraph 3 of this Agreement,above,then any such proposed amendment
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 any such proposed amendment:
A. While the Developer or its affiliate owns any portion of the Subject Property(either
in the name of the Developer or in the name of an affiliate of the Developer), then no such
amendment shall be approved by the City without the consent of the Developer or its affiliate; and
B. Subject to the requirements of subparagraph 49A above, only the written approval
of the legal titleholder of that portion of the Subject Property that is proposed to be affected by the
amendment shall be required to effect the initiation of a proposed amendment to this Agreement
or the PORI zoning ordinance as to such portion of the Subject Property.
50. Developer shall provide to the City upon request of the City a written status report
Page 15 of 25
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.
51. To the fullest extent permitted by law, Owner and Developer each agrees to and
shall indemnify, defend and hold harmless the City, its officials, officers, employees, attorneys,
agents,boards and commissions from and against any and all third party claims, suits,judgments,
costs, attorney's fees, expert witness fees and expenses, damages or other relief, in any way
resulting from or arising out of or alleged to be resulting from or arising out of the existence of
this Agreement, the provisions of this Agreement, the performance of this Agreement, the
annexation of the Subject Property,the zoning of the Subject Property, the development approvals
provided for in this Agreement and/or any other actions of the parties hereto provided for or arising
from this Agreement. In the event of any action against the City,its officials, officers, employees,
agents, attorneys, boards or commissions covered by the foregoing duty to indemnify, and defend
and hold harmless, such action shall be defended by legal counsel of the City's choosing the cost
of which shall be paid for by the Owner. Additionally, in the event of such third party action the
Owner agrees to the extent permitted by law upon the written request from the City to attempt to
intervene in such proceedings and at Owner's expense to join the City in the defense thereof.
52. References throughout this Agreement to the "Owner" shall also include the
Developer after Developer acquires the Subject Property and any other subsequent purchasers or
grantees of the Subject Property.
53. Each of Owner and Developer, on behalf of itself and its successors, assigns and
grantees of his properties, hereby acknowledges the propriety, necessity and legality of 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 does further hereby agree
and does 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 agrees and covenants on behalf of himself and
his successors, assigns and grantees of his 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 City,the Owner, and the 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.
Page 16 of 25
CITY OF ELGIN, a municipal
corporation
: /.
B Z0.4//4
Y
Mayor i
Att t:
City Clerk
OWNER:
BARTEL'S FARMING CORPORATION
A Delaware corporation
By:
Name: Richard H. Bartels
Title: President
DEVELOPER:
ELGIN CC, L.L.C.
a Delaware limited liability company
By: CHI Cal Venture, LLC, a Delaware limited liability company, its sole member
By:
Ryan Fadle , Authoriz ignor
Page 17 of 25
CITY OF ELGIN,a municipal
corporation
By:
Mayor
Attest:
City Clerk
OWNER:
BARTEL'S FARMING CORPORATION
A Dela corporation
By:
Name: David W. Bartels
Title: Vice-President
DEVELOPER:
ELGIN CC,L.L.C.
a Delaware limited liability company
By: CHI Midwest 103 Elgin.L.P., a Delaware limited partnership,its managing
member
By: CHI Development GP,L.L.C.,a Delaware limited liability company, its
general partner
By:
Name, [Title]
F:\Legal Dept\Agreement\Annexation-Crow-Elgin Business Park-Mason Rd-Redlined 5-16-19.docx
Page 17 of 25
EXHIBITS
Exhibit A: Legal Description of Subject Property
Exhibit B: Annexation Plat
Exhibit C: PORI Ordinance
Exhibit D: Final Plat
Exhibit E: Recapture Ordinance
Exhibit F: Stipulated Impact Fees and Recapture Fees
Exhibit G: Plat of Dedication from Owner of Plote Parcel
Page 18 of 25
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
That part of the East Half of the Southwest Quarter of Section 30, Township 42 North, Range 8,
East of the Third Principal Meridian, lying Southerly of land acquired by the Illinois State Toll
Highway Commission by Proceedings filed in the Circuit Court of Kane County, Illinois as Case
No. 56-1213 in the Township of Dundee, Kane County, Illinois.
Page 19 of 25
EXHIBIT B
ANNEXATION PLAT
Page 20 of 25
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P I N No 03.30-300-009
PLAT OF ANNEXATION TO THE
CITY OF ELGIN I. --0....
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ITHAT PART OE THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTON 30
TOWNSHIP 42 NORTH RANGE 8,EAST OF THE THIRD PRINCIPAL MERIDIAN LONG
SOUTIFRLY OB LAND ACOUIRED BY THE ILLINOIS STATE TOLL HIGHWAY .4 :
100 50 0 100 i
CONIMISS/ON BY PROCEEDINGS FILED IN THE CIRCUIT COURT OF KANE COUNTY
ILLINOIS AS CASE NO 58-1213 IN THE TOWNSHIP l
SCOF DUNDEE,KANE COUNTY ALE I'=MO. ILL/NOIS
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OWNERS CBATIFICATE COUNCIL'S CERTIPBATE
PLAT PREPARED BY
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1-,IS IC PLP PIP THAT P EI PE _B. 111, NAEGER ENGINEERING LLC
100 EAST STATE PARKWAY
SCHAUNBURG IL 00173
B HoLcER DE REcoRD TOLE TOILE LAND DESINIPIBELI',NEL r.ANN HAS LAUSED THE&PIPE
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SANE JNDER THE STYLE AND HIPPE NEPOPN P.TATED
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LST PNATJPE KANE COONTY CLERK CERTIFICATE
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_.. THAT'NIP PLAT PAS BEEN PREPAPED LIPPEP PP EIRE,SJPERVISIDN PPON saa,,rs..0
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NOTARY CERTVICATE
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GIVEN UNDER NV KAKI ANT,PEAL AT LLETE...A BNIE COLIN,LL NH, NI
STATE JE ILLINOIS ; LUPINS PROFESS:I, ;,RVEYOP NI,.5
,HE JNEP,SIENPE A NHIIPP I PLIBLIO ITI AN,.PL.S.NP PONTITT..THE STATE.-`,.,AL, , 1 •11116
NAME IS OJOSCP 8E0 TC rif FOREGON3 Ns,AENT AS,AVIN3 EXEC JTED THE SANE
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AB.EAREC BEFORE ME THIS D,r IN,ERSON AND AC.,NCOBEDGED TN,SHE SIGNEC AND
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EXHIBIT C
PORI ORDINANCE
Page 21 of 25
Ordinance No. Gxx-19
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PORI PLANNED OFFICE
RESEARCH INDUSTRIAL DISTRICT
(2600 Mason Road)
WHEREAS, the territory herein described has been annexed to the City of Elgin; and
WHEREAS, written application has been made to classify said territory in the PORI
Planned Office Research Industrial District; and
WHEREAS, after due notice in the manner provided by law the Planning and Zoning
Commission conducted a public hearing on April 1, 2019 concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their written Findings of Fact and 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 PORI Planned Office Research Industrial 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 April 1, 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:
The boundaries hereinafter laid out in the "Zoning District Map", as amended, be and are
hereby altered by including in the PORI Planned Office Research Industrial District the
following described property:
That part of the East Half of the Southwest Quarter of Section 30, Township 42 North,
Range 8, East of the Third Principal Meridian, lying Southerly of land acquired by the
Illinois State Toll Highway Commission by Proceedings filed in the Circuit Court of Kane
County, Illinois as Case No. 56-1213 in the Township of Dundee, Kane County, Illinois.
(commonly known as 2600 Mason Road).
Section 3. That the City Council of the City of Elgin hereby classifies the subject property
in the PORI Planned Office Research Industrial District, which shall be designed, developed, and
operated subject to the following provisions:
A. Purpose and Intent. The purpose of the PORI Planned Office Research Industrial
District is to provide a planned industrial environment that fosters a sense of place
and destination within a coordinated campus or park setting, subject to the
provisions of Chapter 19.60 "Planned Developments", of the Elgin Municipal
Code, as amended. A PORI zoning district is most similar to, but departs from the
standard requirements of the ORI 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 PORI Planned Office Research Industrial 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,
unless a departure has been granted by the City Council.
D. Zoning Districts; Generally. In this PORI Planned Office Research Industrial
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, unless a departure has been granted by the City Council.
E. Location and Size of District. PORI Planned Office Research Industrial Districts
should be located in substantial conformance to the official comprehensive plan.
The amount of land necessary to constitute a separate PORI 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 PORI Planned Office Research Industrial 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.
A. Permitted Uses. The following enumerated "land uses" [SR] shall be the only
2
land uses allowed as a "permitted use" [SR] in this PORI Planned Office
Research Industrial District:
1. Municipal services division:
Public parks, recreation, open space(UNCL) on a "zoning lot" [SR]
containing less than two (2) acres of land.
2. Offices division:
"Offices" [SR] (UNCL).
3. Finance, insurance, and real estate division:
"Development sales offices" [SR] (UNCL).
Finance, insurance, and real estate (H).
4. Services division:
Advertising(731).
Carpet and upholstery cleaning agents without plants on the premises
(7217).
Commercial, economic, sociological, and educational research(8732).
Commercial physical and biological research(8731).
Computer programming, data processing, and other computer related
services (737).
Computer rental and leasing(7377).
Consumer credit reporting agencies,mercantile reporting agencies, and
adjustment and collection agencies (732).
Detective and guard services (7381).
Electrical and electronic repair shops (7629).
Engineering, accounting, research, management, and related services (87).
Home healthcare services (808).
"Hotels and motels" [SR] (701).
3
Job training and vocational rehabilitation services(833).
Legal services (811).
Libraries (823).
Linen supply(7213).
Mailing, reproduction, commercial art and photography, and stenographic
services (733).
Management and public relations services(874).
Medical and dental laboratories(807).
Motion picture distribution and allied services(782).
Motion picture production and allied services(781).
News syndicates (7383).
Noncommercial research organizations (8733).
Offices and clinics of dentists (802).
Offices and clinics of doctors of medicine(801).
Offices and clinics of doctors of osteopathy(803).
Offices and clinics of other health practitioners (804).
Other schools and educational services (829).
Outdoor advertising services (7312).
Personnel supply services(736).
Photofinishing laboratories(7384).
Professional sports operators and promoters(7941).
Refrigerator and air conditioning service and repair(7623).
Reupholstery and furniture repair(764).
4
Security systems services (7382).
Tax return preparation services (7291).
Testing laboratories (8734).
Theatrical producers (792).
Vocational schools (824).
Watch, clock, and jewelry repair(763).
5. Retail trade division:
Automatic merchandising machine operators(5962).
Catalog and mail order houses (5961).
Direct selling establishments(5963).
6. Agricultural division:
Crop services(072).
Farm labor and management services (076).
Landscape counseling and planning(0781).
Soil preparation services (071).
7. Construction division:
"Contractor's office and equipment areas" [SR] (UNCL).
General warehousing and storage, but not including "warehousing, self-
storage" (4225).
8. Manufacturing division:
Apparel and other finished products made from fabrics and similar
materials (23).
Computer and office equipment(357).
Electronic and other electrical equipment and components (36).
5
Fabricated metal products (34).
Furniture and fixtures (25).
Industrial and commercial machinery and equipment(35).
Leather and leather products (31).
Measuring, analyzing, and controlling instruments; photographic, medical,
and optical goods; and watches and clocks (38).
Primary metal industries (33).
Printing, publishing, and allied industries(27).
Stone, clay, glass and concrete products (32).
Tobacco products (21).
Transportation equipment(37).
9. Wholesale trade division:
Apparel piece goods and notions (513).
Beer, wine and distilled alcoholic beverages(518).
Chemicals and allied products(516).
Drugs, drug proprietaries and druggists' sundries(512).
Electrical goods(506).
Farm product raw materials(515).
Furniture and home furnishings(502).
Groceries and related products(514).
Hardware, and plumbing and heating equipment and supplies (507).
Lumber and other construction materials (503).
Machinery, equipment, and supplies (508).
Metals and minerals, except petroleum(505).
6
Motor vehicles and motor vehicle parts and supplies (501).
Paper and paper products (511).
Petroleum and petroleum products(517).
Professional and commercial equipment and supplies (504).
10. Transportation, communication and utilities division:
"Accessory solar energy systems" [SR].
"Amateur radio antennas" [SR] (UNCL).
Arrangement of passenger transportation(472).
Arrangement of transportation of freight and cargo (473).
Branch United States post offices (4311).
Bus charter service operators'offices(414).
Cable and other pay television services(484).
"Commercial antenna tower" [SR] (UNCL).
"Commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
Communication services not elsewhere classified(489).
Courier services(4215).
Freight forwarding in general (4731), including but not limited to
fulfillment centers(including so-called last-mile fulfillment centers
involving both warehousing and package delivery).
Intercity and rural bus transportation operators' offices (413).
Local and suburban passenger transportation operators' offices(411).
Natural gas transmission and distribution(4922) (4924).
Packing and crating (4783).
7
"Radio and television antennas" [SR] (UNCL).
Radio and television broadcasting stations (483).
Railroad operators'offices (401).
"Satellite dish antennas" [SR] (UNCL).
School bus operators'offices(415).
Taxicab operators'offices(412).
Telegraph and other message communications (482).
Telephone communications(481).
"Treatment, transmission and distribution facilities: poles, wires, cables,
conduits, laterals, vaults, pipes, mains and valves" [SR] (UNCL).
"Utility scale solar energy systems" [SR].
"Wind energy conversion system towers" [SR].
"Wind energy conversion systems" [SR].
11. Miscellaneous uses division:
"Accessory structures" [SR] (UNCL) to the permitted uses allowed in the
ORI office research industrial district, subject to the provisions of Section
19.12.500 "Accessory Structures and Buildings", of the Elgin Municipal
Code, as amended.
"Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PORI
Planned Office Research Industrial District, subject to the provisions of
Section 19.10.400 "Permitted, Conditional, and Similar Land Uses", of the
Elgin Municipal Code, as amended.
"Fences and walls" [SR] (UNCL).
"Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a
permitted use allowed in this PORI Planned Office Research Industrial
District, subject to the provisions of Chapter 19.47 "Off Street Loading', of
the Elgin Municipal Code, as amended.
"Parking lots" [SR] (UNCL), including but not limited to truck and trailer
parking, exclusively "accessory" [SR] to a permitted use allowed in the
8
PORI Planned Office Research Industrial District, subject to the provisions
of Chapter 19.45 "Off Street Parking", of the Elgin Municipal Code, as
amended.
"Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a
permitted use allowed in this PORI Planned Office Research Industrial
District, subject to the provisions of Chapter 19.45 "Off Street Parking", of
the Elgin Municipal Code, as amended.
"Refuse collection area" [SR].
"Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50 "Street
Graphics", of the Elgin Municipal Code, as amended.
"Storage tanks" [SR] (UNCL).
"Temporary uses" [SR] (UNCL).
B. Conditional Uses.The following enumerated"land uses"[SR] shall be the only
land uses allowed as a "conditional use" [SR] in this PORI Planned Office
Research Industrial District:
1. Agriculture division:
"Medical cannabis cultivation center" [SR].
2. Municipal services division:
"Municipal facilities" [SR] (UNCL)on a zoning lot containing less than two
(2)acres of land.
3. Public administration division:
Public administration(J) on a zoning lot containing less than two (2) acres of
land.
4. Services division:
Armored car service(7381).
Carpet or rug cleaning, dyeing, or repairing plants(7217).
Child daycare services (835).
Dry cleaning plants(7216).
9
Industrial launderers (7218).
"Medical cannabis dispensing organization" [SR].
Power laundries (7211).
Truck route laundry and dry cleaning not operated by laundries or cleaners
(7212).
5. Retail trade division:
Carryout restaurants (5812).
Drinking places (alcoholic beverages) (5813).
Eating places (5812).
"Outdoor eating and drinking facilities" [SR] (UNCL).
6. Mining division:
"Temporary mining" [SR] (UNCL).
7. Manufacturing division:
Chemicals and allied products(28).
Food and kindred products (20).
Lumber and wood products (24).
Paper and allied products (26).
Rubber and miscellaneous plastics products (30).
Textile mill products (22).
8. Transportation, communication and utilities division:
"Conditional commercial antenna tower" [SR] (UNCL).
"Conditional commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
Heliports(458).
10
"Other radio and television antennas" [SR] (UNCL).
"Other satellite dish antennas" [SR] (UNCL).
Pipelines, except natural gas (461).
Public warehousing and storage(422).
Railroad tracks (401).
"Treatment,transmission and distribution facilities: equipment, equipment
buildings, towers, exchanges, substations, regulators" [SR] (UNCL).
Water transportation(44).
9. Miscellaneous uses division:
"Accessory package liquor sales establishment" [SR] (UNCL).
"Accessory structures" [SR] (UNCL)to the conditional uses allowed in this
PORI Planned Office Research Industrial District, subject to the provisions of
section 19.12.500 "Accessory Structures and Buildings", of the Elgin
Municipal Code, as amended.
"Accessory uses" [SR] (UNCL)to the conditional uses allowed in this PORI
Planned Office Research Industrial District, subject to the provisions of
section 19.10.400 "Permitted, Conditional, and Similar Land Uses", of the
Elgin Municipal Code, as amended.
"Commercial operations yard" [SR] (UNCL).
"Master signage plan" [SR], subject to the provisions of Chapter 19.50 "Street
Graphics", of the Elgin Municipal Code, as amended.
"Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45 "Off
Street Parking", of the Elgin Municipal Code, as amended.
"Parking structures" [SR], subject to the provisions of Chapter 19.45 "Off
Street Parking", of the Elgin Municipal Code, as amended.
"Planned developments" [SR] (UNCL) on a zoning lot containing less than
two (2) acres of land, subject to the provisions of Chapter 19.60 "Planned
Developments", of the Elgin Municipal Code, as amended.
C. Similar Uses. The following enumerated "land uses" [SR] shall be subject to
classification as a permitted use or as a conditional use in this PORI Planned
11
Office Research Industrial District, or in a less restrictive zoning district,
pursuant to subsection 19.10.400 H of the Elgin Municipal Code, as amended:
1. Services division:
Business services not elsewhere classified (7389).
Laundry and garment services not elsewhere classified(7219).
Miscellaneous health and allied services not elsewhere classified(809).
Miscellaneous personal services not elsewhere classified(7299).
Miscellaneous repair shops and related services (769).
Services not elsewhere classified(899).
Social services not elsewhere classified(839).
2. Manufacturing division:
Miscellaneous manufacturing industries(39).
3. Transportation, communication and utilities division:
Transportation services not elsewhere classified(4789).
G. Site Design. In this PORI Planned Office Research Industrial 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,except as provided
within this section, and shall be in substantial conformance with the following
documents:
1. General Conditions.
1) Substantial conformance to the Development Application submitted by CHI
Development Operating, L.L.C., as applicant, and Bartel's Farming
Corporation, as property owner, received February 15, 2019, and supporting
documents including:
a. Undated Rider Statement of Purpose and Conformance Map Amendment
for Planned Development District (over 2 acres), received March 26,
2019,with the exception of any reference to"Sidewalk Plan dated March
26, 2019";
b. ALTA/NSPS Land title Survey, prepared by Haeger Engineering, dated
February 28, 2019, last revised March 15, 2019;
12
c. Preliminary Topographic Survey Exhibit 40, prepared by Haeger
Engineering, dated December 21, 2018;
d. Site Plan Sheet A1.1-A, prepared by Harris Architects Inc., dated
February 15, 2019, last revised April 30, 2019, with such further
revisions as required by Community Development Director;
e. Three building elevation sheets all titled A2.0-A, A2.0-B, and A2.0-C,
prepared by Harris Architects, Inc.,dated February 15,2019,last revised
April 30, 2019, with such further revisions as required by Community
Development Director;
f. Signage plans, including three sheet titled A1.1-A, A1.1-B, and A1.1-C,
and three building elevation sheets titled A2.0-A, A2.0-B, and A2.0-C,
prepared by Harris Architects, Inc.,dated February 15,2019,last revised
April 30, 2019, and Single Face Illuminated Monument Sign plans
Option A and Option B and Single Face Illuminated Directional Sign
plan, prepared by Parvin-Clauss Sign Company, dated March 13, 2019,
last revised May 7, 2019, with such further revisions as required by
Community Development Director;
g. Plat of Annexation to the City of Elgin,prepared by Haeger Engineering,
dated February 14, 2019, with such further revisions as required by City
Engineer;
h. Plat of Dedication for a portion of Alft Ln, prepared by Haeger
Engineering, dated April 22, 2019, with such further revisions as
required by City Engineer;
i. Plat of subdivision titled "Final Plat of Crow Commerce Center in
Elgin", prepared by Haeger Engineering, dated March 15, 2019, last
revised May 16, 2019, with such further revisions as required by City
Engineer;
j. Site Photometric Plan,prepared by Jan Electric,dated February 15,2019,
last revised March 22, 2019, with such further revisions as required by
Community Development Director;
k. Alft Lane Extension landscape plan, prepared by Wingren Landscape,
dated March 15, 2019, with such further revisions as required by
Community Development Director;
1. Final Landscape Plans, Sheets Ll-L6, prepared by Wingren Landscape,
dated February 15, 2019, last revised May 13, 2019, with such further
revisions as required by Community Development Director;
m. Final Engineering Plans Crow Commerce Center-Elgin NE of Alft Ln.
& Mason Rd. Elgin, Illinois 60124, prepared by Kimley Horn, dated
February 15, 2019, last revised April 30, 2019, with such further
revisions as required by City Engineer;
n. Alft Lane Extension Roadway Improvement Plans Section 30 Township
42 North Range 8 East Elgin, Illinois, prepared by Haeger Engineering,
dated July 20, 2018, last revised April 19, 2019, with such further
revisions as required by City Engineer;
o. A stormwater management easement for the benefit of the City over a
portion of the property immediately west of the Subject Property and
13
bearing Kane County tax parcel identification number 03-30-300-009
(the "Plote Parcel") relating to drainage from the Subject Alft Lane
Improvement,in a form as required by the City Engineer and as approved
by the Corporation Counsel.
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 installation of stormwater
detention facilities with a 3:1 side slopes.
3) A departure is hereby granted to allow the maximum allowable water level
fluctuation(bounce) within a stormwater detention of 8.5 feet.
4) Compliance with all applicable codes and ordinances.
5) Reasonable modifications to the final engineering plans on which the Final
Plat was based (the "Final Engineering Plans") to solve engineering, layout
and/or design problems not reasonably foreseeable at the time of the
execution of the Annexation Agreement, may be approved by the
Development Administrator as "minor amendments" pursuant to Section
19.60.200 "Changes to Planned Developments", of the Elgin Municipal
Code, as amended, provided that such changes are in substantial
conformance with the approved Final Engineering Plans and are approved
by City Engineer.
6) The proposed Building C depicted on Site Plan, Sheet A1.1, prepared by
Harris Architects Inc., dated February 15, 2019, may be reduced in size and
repositioned as shown on Supplementary Site Plan, prepared by Kimley
Horn, dated March 25, 2019, (or in any other substantially similar iteration)
with associated parking and landscaping changes, and any other further
revisions as required by Community Development Director.
7) The applicant may construct additional vehicle use areas for the purposes of
establishing no more than 47 parking spaces for semi-trucks and/or semi-
trailers north of Building "A"on Lot 1, and no more than 21 parking spaces
for semi-trucks and/or semi-trailers north of Building "B" on Lot 2, subject
to compliance with all requirements of this Ordinance and the Municipal
Code, as amended.
2. Zoning Lots. In this PORI zoning district, "zoning lots" shall be subject to the
provisions of Section 19.12.300 "Zoning Lots - Clarifications and Exceptions",
of the Elgin Municipal Code, as amended.
3. Lot Area. In this PORI zoning district, the minimum required "zoning lot area"
14
shall be as follows:
a. Limited Access Street: Where a zoning lot has frontage on a "limited access
street" [SR], the minimum required lot area shall be one hundred twenty
thousand(120,000) square feet.
b. Collector Street: Where a zoning lot has frontage on a "major collector
street" [SR] or on a "collector street" [SR], the minimum required lot area
shall be eighty thousand (80,000) square feet.
c. Local Street: Where a zoning lot has frontage on a "local street" [SR], the
minimum required lot area shall be sixty thousand(60,000) square feet.
4. Lot Width. In the PORI zoning district, the minimum required lot width for a
zoning lot shall be as follows:
a. Limited Access Street: Where a zoning lot has frontage on a "limited access
street" [SR], the minimum required lot width shall be three hundred (300)
linear feet.
b. Collector Street: Where a zoning lot has frontage on a "major collector
street" [SR] or on a "collector street" [SR], the minimum required lot width
shall be two hundred(200) linear feet.
c. Local Street: Where a zoning lot has frontage on a "local street" [SR], the
minimum required lot width shall be one hundred sixty(160) linear feet.
5. Setbacks - Generally. In this PORI zoning district, "setbacks" [SR] shall be
subject to the provisions of Section 19.12.400 "Setbacks - Clarifications and
Exceptions", of the Elgin Municipal Code, as amended.
6. Setbacks by Lot Line. In this PORI zoning district, the minimum required
"building setbacks"and"vehicle use area setbacks"from a"lot line"for a zoning
lot shall be as follows:
a. Building Setbacks. In this PORI zoning district, the minimum required
"building setbacks" for a zoning lot shall be as follows:
1. Street Setback. The minimum required building street yard setback from
a "street lot line" [SR] shall be as follows:
From the Interstate 90 ROW 50 feet
From Mason Road ROW 25 feet
From the Alft Lane ROW 25 feet
2. Interior Setback. The minimum required building interior yard setback
from an "interior lot line" [SR] shall be twenty(20) linear feet.
b. Vehicle Use Area Setbacks by Lot Line. In this PORI zoning district, the
minimum required "vehicle use area setbacks" [SR] for a zoning lot shall be
as follows:
1. Street Setback. The minimum required vehicle use area setback from a
15
street lot line shall be ten (10) linear feet, except on Lot 1 along Alft
Lane. The minimum required vehicle use area setback from a street lot
line along Alft Lane on Lot 1 of Crow Commerce Center in Elgin
subdivision shall be four(4) feet.
2. Interior Setback. The minimum required vehicle use area setback from
an interior lot line shall be five (5) linear feet, except between Lot 1 and
Lot 2 of Crow Commerce Center in Elgin subdivision where there shall
be no minimum required vehicle use area setback from an interior lot
line.
7. Accessory Structures and Buildings. In this PORI zoning district, "accessory
structures and buildings" [SR] shall be subject to the provisions of Section
19.12.500 "Accessory Structures and Buildings", of the Elgin Municipal Code,
as amended.
8. Yards - Generally. In this PORI zoning district, a "street yard" [SR], a "side
yard" [SR], a "rear yard" [SR], or a "transition yard" [SR] established by a
required building setback or by the actual location of a building shall be subject
to the provisions of Section 19.12.600 "Obstructions in Yards", of the Elgin
Municipal Code, as amended.
9. Landscape Yards: In this PORI zoning district, landscape yards shall be as
follows:
1.Vehicle Use Area Landscape Yards:The yards established by vehicle use area
setbacks shall be used as "vehicle use area landscape yards" [SR] with the
exception of access driveways as provided in Sections 19.45.110"Access
Driveways to a Public Right of Way", and 19.45.120 "Size of Driveways", of
the Elgin Municipal Code,as amended.Vehicle use area landscape yards shall
be subject to the provisions of Section 19.12.700 "Landscaping", of the Elgin
Municipal Code, as amended.
2. Interior Landscape Yards: "Interior landscape yards" [SR] shall be installed
on a zoning lot featuring a "vehicle use area" [SR], which exceeds five
thousand (5,000) square feet in area, subject to the provisions of
Section 19.12.700 "Landscaping", of the Elgin Municipal Code, as amended,
with the following departure:
a. A departure is hereby granted to allow a continuous vehicle use area in
excess of 20,000 square feet with no interior landscape yards.
10. Floor Area: In this PORI zoning district,the maximum "floor area" [SR] for a
zoning lot shall be 70% of the zoning lot area.
11. Building Coverage: In this PORI zoning district, the maximum "building
16
coverage" [SR] for a zoning lot shall be 55%of the zoning lot area.
H. Off Street Parking. In this PORI Planned Office Research Industrial District, off-
street parking shall be subject to the provisions of Chapter 19.45 "Off Street
Parking", of the Elgin Municipal Code, as amended, and shall be in substantial
conformance with the following:
1. Required Number of Parking Stalls. The required number of parking stalls
shall be subject to provisions of Chapter 19.45.080 "Table of Required
Parking", of the Elgin Municipal Code, as amended, except as follows:
a. For Warehouse, storage, and distribution facilities, the number of parking
spaces required shall be one parking stall per 1,500 square feet of floor
area.
2. Collective Parking Facilities. Off street parking facilities for separate uses
may be provided collectively,if the total number of stalls so provided is not less
than the sum of the separate requirements of each"land use" [SR], and if all the
regulations governing the location of accessory off street facilities in relation to
the use served are observed. The off street parking facilities may be provided
jointly or collectively within the property or on contiguous properties controlled
by the owners of the zoning lots by written covenant or agreement between the
owners of such zoning lots and adjacent properties.
3. A departure is hereby granted to allow the construction of"Parking Stalls" (SR)
with minimum nine (9) linear feet in width by minimum eighteen (18) linear
feet in length.
I. Off Street Loading. In this PORI Planned Office Research Industrial 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 PORI Planned Office Research Industrial District, signs shall be
subject to the provisions of 19.50 "Street Graphics", of the Elgin Municipal Code,
as amended, and shall be in substantial conformance with the following:
1. A departure is hereby granted to allow one subdivision monument graphic not
to exceed 10 feet in height and 100 square feet in area. No other subdivision
entrance graphics shall be allowed for Crow Commerce Center in Elgin
subdivision.
2. A departure is hereby granted to allow the installation of a total of six
directional graphics not to exceed seven feet in height and 30 square feet in area
(not including the base) each.
17
K. Nonconforming Uses and Structures. In this PORI Planned Office Research
Industrial 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 PORI Planned Office Research Industrial 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 PORI Planned Office Research Industrial 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 PORI zoning district.
N. Conditional Uses. In this PORI Planned Office Research Industrial 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 PORI
zoning district.
O. Variations. In this PORI Planned Office Research Industrial 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 PORI
zoning district.
P. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be appealed
subject to the provisions of Chapter 19.75 "Appeals",of the Elgin Municipal Code,
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: May 22, 2019
18
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Kimberly A. Dewis, City Clerk
F:\Legal Dept\Ordinances\Zoning Ordinances\Classifying Newly Annexed-PORI-2600 Mason Rd-DL-Clean2-5-16-19.docx
19
EXHIBIT D
FINAL PLAT
Final Plat of Crow Commerce Center in Elgin, prepared by Haeger Engineering, dated
March 15, 2019 last revised May 16, 2019.
Page 22 of 25
PIN No 03-30-500-009 FINAL PLAT OF SUBDIVISION FOR
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AREA SUMMARY
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LOT 2 289.483 5 F 8 6852 Ac
LOT 1 862,599 5 F 19 8025 Ac
OUTLOT A 74,407 S F 1 7082 Ac
OUTLOTB 131,044SF 30084 Ac
R.O.W.DEDICATION 112 093 S F 2 5733 AC
TOTAL 1,886,274 S.F.42.8418 Ac. LEGEND
lomn
New Sudkomon Lott*
SURVEYOR'S NOTES: LOT I
oConcrete Monument
1 THE COMPLETION DATE OF THE FIELD WORK FOR THIS SURVEY IS "0°m Comer
DECEMBER 19.2018 — Roml Canter Lyn. UN, AAAA
2 THE BASIS OF BEARING SHOWN HEREON BASED ON MAD 83(20111 ILLINOIS ____
EAST ZONE 1201 STATE PLANE COORDINATES AS REFERENCED FROM KARA 11°
COMPANY'S RTK NETWORK QL 0 LSM H. 04. 4H4e.
3 UNLESS OTHERWISE NOTED,3/4'DIAMETER IRON PIPES WILL BE SET AT ALL
LOT CORNERS IN ACCORDANCE TO THE PLAT ACT(785 ILLS 205/001 ET
SE01 ®HAEGER ENGINEERING
4 OUTLOTS A 8 B ARE SUBJECT TO A STORMWATER MANAGEMENT
EASEMENT PER PROVISIONS STATED ON PAGE 3 OF 3 consulting mgillwn hd M,.. ,.
5 SHEET 2 OF 3 SHOWS LOCATION OF CITY EASEMENTS HEREBY GRANTED
PER THIS PLAT IIS 152
i,...,..=m ,r+.-.,iv.w+•.+sm..e.. ®+m.+r nF....Os
FINAL PLAT OF SUBDIVISION FOR
SHEET 2 OF 3
CROW COMMERCE CENTER IN ELGIN
BEING A SUBDIVISION IN THE EAST HALF OF THE SOUTHWEST°CARTER OF SECTION
30 TOWNSHIP 42 NORTH RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING
SOUTHERLY OF LAND ACQUIRED BY THE ILLINOIS STATE TOLL HIGHWAY
COMMISSION BY PROCEEDINGS FILED IN THE CIRCUIT COURT OF KANE COUNTY
11.
ILLINOIS AS CASE NO SO-1213 IN THE TOWNSHIP OF P.INDEE KANE COUNTY
ILLINOIS
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FINAL PLAT OF SUBDIVISION FOR
SHEET 3OF3
CROW COMMERCE CENTER IN ELGIN
BEING A SUBDIVISION 114 THE.ST HALF OF THE SOUTHWEST OUARTER OF SECTION
30 TOWNSHIP 42 NORTH.NOF 6 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING
SOUTHERLY Of LANO ACOUIRED BY THE ILLINOIS STATE TOLL HOHWAY
COMMISSION BY PRWEEDINGS FILED IN THE CIRCUIT COURT OF KANE COUNTY
ILLINOIS AS CASE NO S6-1213 IN THE TOWNSHIP OF DUNDEE KANE COUNTY,
ILLINOIS
MEER S CERTIFICATE NT IL E 1 PROWSIONS COUNCIL'S CERTIFICATE
STATE OF NT EDNLESS SHOWN HEREON AS A NOM
COLW,OFSTATE Of ILLINOIS
CI,OFELGIN
COUNTY OF KANE
MO ITS SUCCESSORS AND.SIGNS FOR THE INSTALLATION CONSTRUCTION
TI415 IS TO CERTIFY THAT THE UNDERSIGNED IS THE OWNER OF THE LAND RECONSTRUCTION REPUCEMENT ALTERATION, ENLARGEMENT WERATION
APPROVED AND ACCEPTED THIS_DAT Of A D 20 EN
DESCRIBED IN THE ANNEXED RAT AND THAT HE.S CAUSED THE SAME TO BE INSPECTION REPAIR MAINTENANCE RELOCATION RENEWAL AND REMOVAL OF
CI,COUNCIL Of ELGIN ILLINOIS
SURVEYED AND SUBDIVIDED AS INDICATED THEREON FOR THE USES AND IMPROVEMENTS FACILITES AND APPURTENANCES INCLUDING VATHOUT LIMITATION
PURPOSES THEREIN SET FORTH ANC DOES HEREBY ACKNOWLEDGE AND ADOPT ANY AND ALL ARMHOLES HYDRANTS P1PES CONNECTIONS AND CATCH BASINS TO
THE SAME LJNCER THE S,LE AND TITLE THEREON INDICATED SERVE THESE AND 0/11ER UN.MTH IMPROVEMENTS INCLUDING BUT NOT LIMITED
BY MAYOR PRINTED N.E
TO FORCE MAINS SANITARY SEWERS STORM SEWERS STORM DRAINAGE WATER
DATED AT aCU°EROESEIN.EDYIDINILLINOIS THIS DAY OF
.r UPSDSGBSAID C,
A m_ ATTEST
EK PRINTED
EIFNcc,L L
DelomeMM.EMBANTENNRNF CONNECTIONS UNDER THE.RFACE OF.CH LOT TO SERVE IMPROVEMENTS
CHI M,_.103DEP LP FD.. �MM..9.
..NNING.ND=DNRGDD.dBDNCERTIFICATEBY CHID.N,P.MGPLLC. .E.„
ING.nNMPAW. USES AND PURPO.S NO OBSTRUCTION OR STRUCTURE SHALL BE ERECTED OR
INTERFERELWATED NOR SHALL ANY TREES BE PLANTED OVER.ID EASEMENT AREAS NOR
SHALL ANY OTHER ACTIVITIES BE UNDERTAKEN THAT UNRFASON.LY F ILLINOIS )
CIATE,OF ELGINWITH THE CITY'S INTENDED USE THEREOF BUT THE.16E MAY BE USED FOR
BB
wnNLANDSCAPING FENCING PARKING OR OTHER PURPOSES IF APPROVED IN TNG p BY THE
TNNBY THE CI,OF ELGIN AND IF SUCH USE DOES NOT THEN OR LATER INTERFERE WITHPLANNING AND ZONING COMMISSION OF THE CITY OF ELGIN
INTERFERETHE AFOREMENTIONED PURPOSES THE RIGHT IS ALSO HEREBY GRANTED TO THE
CITY OF ELGIN TO REMOVE ANY FENCES BUILDINGS OR STRUCTURES AND TO CUT
DOWN TRIM OR REMOVE ANY TREES SHRUBS BUSHES ROOTS OR OTHER
PUNTINGS THAT TH THE OPE.TION OF OP ACCESS TO SUCH
NOTARY CERTIFICATE
ACROSS SECRETARY
STATE OF i55OR CITY SHALL NOT BE RESPONSIBLE FOR THE REPLACEMENT OR REPAIR Of MD SUCH
FENCES BUILDINGS STRUCTURES TREES TURF GARDENS SHRUBS LANDSCAPING
PRINTED NAME
COUNTY OF RIGHTS REPUCEMENT ANDIOR REPA/R OF SAID ITEMS SHALL BE THE
R.PONSIBILI,OF THE THEN PROPER,OWNER ANY OTHER PUBLIC LITLITIES
BEFORE D.UNDERSIGNED NOTARY PUBLIC IN AND FOR THE COUNTY AND STATE SHALL BE PERMITTED TO CROSS SAID CITY
THERETO NAPE COUNTY CLERK CERTIFICATE
AFORE.I0 PERSO.LLY APP..° APPROVED IN WRITING BY THE CI,OF ELGIN AND PROVIDED THAT SUCH IS DONE IN STATE
FOREGOING INSTRUMENT AS LER VOLUNTARY ACT AND DEED FOR THE CITES INTENDED USE Of THE EASEMENT AREAS HOWEVER NO ELECTRIC, OF ILLINOIS /SS
RIR BES THEREIN EXPRESSEDTRANSFORMERS SVYTCHING EQUIPMENT JUNCTION BOXES OR ANY OTHER SUCH COUNTYOF PAVE 1
GIVEN UNDER MY HAND AND NOTARIAL S.L THIS DAY OF A D FACILITIES OR EOUIPMENT SHALL BE ERECTED EITHER ABOVE OR BELOW GROUNO
ON SAID LANDS DUE TO SUCH CROSSINGS COUNTY CLERK OF KANE COUNTY.ILLINOIS DO HEREBY
CERTIFY THAT THERE ARE NO DELINWENT GENER.
S,NO UNPAID
BUSS AGAINST ANY O ETRE LAND INCLUDED IN FORFEITED
TAXES AND NO REDEEMABLE M
NOTARY PUBLIC THE DESCRIBED PROPER,
PI..UM.AND mow.. GIVEN UNDER MY HAND AND SEAL AT GEN.&KANE COON,ILLINOIS
PRINTED.ME
MY COMMISSION EXPIRES ....SOCIAT1ON AND THOSE PUBLIC UTILITY ARNP...,..,ER..."CM:AME:,...-...TNO UNDER
F.NCHISF GR.TING THEM RIGHTS FROM THE CITY OF ELGIN INCLUDING BUT NOT LIMITED
TO COMMONWEALTH EDISON COMPANY 1LLNOIS BELL TELEPHONE COWAN,NORTHERN
IONS NHE G.NTEES FOR THE NSTALLATION COUNTY CLERK
CONSTRUCTION RECONSTRUCTION REPLACEMENT ALTERATION ENLARGEMENT
OPERATION NSPECTON REPAIR MAINTE.NCE RELOCATION RE.WAL.0 REMOVAL OF PRINTED NAME
FACILITIES IMPROVEMENTS MO APPORTENANCES TO SERVE TRESE AND OTHER LANOS
WITH VARIOUS PUBLIC UTILITIES TRANSMISSION AND DISTREIDDON SYSTEMS NCLUDING
COMANWEATION TELE...GAS EMELINES WATER PIPELNES DU, SANE COUNTY RECORIER'S CENTEICATE
SEWERS STORM WATER DETENTION.11 SETE.,FACILITES AND STORM WATER
DRAINAGE TOGETHER WITH MD.0 ALL NECESSARY LINES CARTES 14.8 ARMHOLES
HYDRANTS CATCH BASINS CONNECTIONS PIPES APPLIANCES AND OTHER STRUCTURES STATE OF ILLINOIS 1
AND APPURTENANCES AS MAY BE DEEMED NECESSARY M ACROSS ALONG OVER UNDER
AND UPON THE.EAS HEREON IDENTIFIED AS PUBLIC UTILITY AND IMANME EASEMENT COUNTY OF KANE I111 UDE1 TOGETHER WITH THE RIGHT TO INSTALL REQUIRED SERVICE CO.ECTIONS
THIS INSTRUMENT NO
UNDER THE SURFACE OF EACH LOT TO SERVE WPROVEMENTS THEREON.13 TOGETHER WAS FILE° RI THE
L MO ECUIPMET RECORDERS OFFICE OF KANE COM,tumas ON THAS MAY SE DEEMED NECESSARY FOR All SUCH USES AND PURPOSES A D ES_ E DAY OF 011 aE ORO—M MD NMS
NO OBSTRUCTON OR STIRDCTDRE SHALL BE ERECTED OR LOCATED NOR SIML ANY TREES RECORDED IN PIAT ENVELOPE NO
SE PANTED OVER SAIO EASEMENT.EAS NOR SHUL ANY OTHER ACTIMIES BE
UNDERTAKEN THAT UNREASONABLY INTERFERE WITH THE CSONTEES INTENDED USE
EASEMENT RIGHTS K.E CO.,RECORDER
THE nrowr IS ALSO HEREBY GRANTED TO THE CI,OF FLOW TO REMOVE MY FENCES
SUILONGS OR STRUCTURES.0 TO CUT DOWN TWA OR REMOvE ANY TREES SHRUBS
BUSHES ROOTS OR OTHER PLANTINGS THAT INTERFERE MTN TNE OPERATION OF OR PRINTED NAME
ACCESS TO SUCH FACILITIES N ON UPON ACROSS UNOER OR OR.,SAID PUBLIC
ANO DRAINAGE EASEMENT THE CITY Of ELGIN SHALL NOT BE RESPONSIBLE FOR
EXERCISE OF THE ErEREN OWEN RIGHTS REPLACEMENT ANDOR REPAM OF SAM ITEMSSHALL SE THE RESPONS.TY OF THE THEN PROPERTY OWNER PROFESSIONAL AUTHOIWTAN
THE OCCUPATION MO USE OF T.EXCLUSIVE EASEMENT HEREN GRANTED AND RESERVED
FOR THE GRANTEEs BY.cH SUCH ENTITIES SHALL BE 00.N SuCH MAHN.SO STATE OF ILLINOIS INOT TO INTERFERE MTH OR PRECLUDE THE OCCUPATION MO USE THEREOF BY OTHER SS
COUNTY OF CWK
DISTRIBUTION SYSTEMS AND FACILITIES APPURTENANT THERETO EXISTING YAH THE LICENSE NUMBER 35-3695 DO HEREBYY AUTHORI2EVEYOP Cf THE STALE OF ILLINOISEASEMENTS BENG CROSSED OR RECROSSED
,ITS STAFF OR N
AUTHORIZEDAGENT
NA
DOCUMENT OF RECORD/N THE COUNTY IN My ME ND IN
sHALL NoT W,}1.1 THE m.o... f LOW Ar.. COMPLIANCE SWTN THE ILLINOIS S ATUES CHWHERE THE EASEMENT.EAS ARE ALSO USED FOR ELECTRIC TELEPHONE C.LE TV GAS
ARSPTER 109 PARAGRAPH 2 N
STABILIZATION OF VEGETAT,.GROUND COVER ON T.AMOVERFNT.F./WAWA, .ENDECI
FACILITIES OR CAUSE ANY CHANGE IN GRADE OR IMPAIR OR CHANGE THE SURFACE
DRAINAGE PATTERNS OF THE PROPERTY SCHAUMBURG ILLINOIS
STORMYATFJN MANAGEMENT EABEBENTIS.W MEIPROWANS ILLINOIS PROFESSIONAL LAND SURVEYOR NO 35-3695
MY LICENSE EXPIRES NOVEMBER 30 MO AND IS RENEWABLE
THE OWNER AS DESCRIBED IN THE OWNER S
AND ASSIGNS 1THE PRESCRIBED
IFICATE NBvI
TS SUCCESSORS
OF THE ASTHIS PLAT DOES
HEREBY AGREE TO INSTALL CONSTRUCT RECONSTRUCT REPTACE REPAIR
SURVEYORS CERTIFICATE
OPERATE AND PROVIDE LONG TERM E (THE
OBLIGATIONS1 FOR ALL STORMWATER MANAGEMENT FACILITIES.0 AR.S STATE OF ILLINOISDESCRIBED HEREIN AND HEREON IDENTIFIED.•STORMWATER MANAGEMENT
COUNTY OF LOOK SSS
E.EMENT•OR•S WM E•WITHIN THE PLATTED LAND INCLUDING BUT NOT LIMITED C
TO DETENTION PONDS WETLANDS FLOOD PLAINS SPECIAL MANAGEMENT AREAS,
STORM SEWERS DRAI.GE DITCHES AND SWALES AS OUTUNED IN THE I JEFFREY W GLUNT RN ILLINOIS PROFESSIO.L UND SURVEYOR DO HEREBY
STORMWATER REPORT AND IN ACCORDANCE..THE CI,OF ELGIN SORDINANCES CERTIFY T.T I.VE SURVEYED ANO SUBDIVIDED THE FOLLOWING DESCRIBED
AND THE FIN,ENDNEERING PLANS APPROVED BY THE CI,Of ELGIN NO CHANGE
TO THE GRADE TOPOG.PHY OR STORMWATER MANAGEMENT
ES WITHIN
SURFACE WATER DRAINAGE STATEMENT THEPRISTWRMWARAPPROVAL MANAGEMENTOF EASEMENT
S MENT AREAS SHALL BE MADE YmHOUT THE THAT PART OF THE EAST HALF OF THE SOUTHWEST OF SECTION 30
OWNERTHE DOES HEREBY RESERVE FOR AND GRANT TO THE CI,OF ELGIN ACOMMISSION BY PROCEEDINCS FRED T-E CIRCUIT ILLTOWNSHIP 42 NORTH RANGE 6.ST OF N.THIRD INOIS LR TOLAIAN LAY
CWrIiOUNTY
STATE OPOFLLINOIS PERMANENT KME )1 SS MANAGEMENT EASEMENT AREAS NON SUCH EQUIPMENT AND PERSONNEL AS MAY IILLINOIS AS LLINOIS EMENT TO ENTER UPON THE PREMISES AND THE STORMWATER
CASE NO»1213 IN THE TOWNSHIP OFCDOMOPURT EF.NE
NE LLOl.9nY
MAINTENANCE OBLIGATIONS SHOULD THE OWNER FAIL TO PROVIDE OR PERFORM
THE LANDS SHOWN ON THE P,T RIO DE.RIBED IN THE.0.CAFTON AND
TO THE BEST OF OUR KNOVREDGE AND BELIEF THE DRAINAGE OF SURFACE SUCH MAINTENANCE OBLGATIONS THE CITY OT THE TUT THE SAID PLAT DRAWN TO A SCALE OF SO FEET PER 1 INCH ON S.E1 O.
WA.RS AWL NOT BE CHANGED BY THE CONSTRUCTION Of SUCH SUBDIVISION OR OBLIGATION TO ENTER THE EM.SMATH SUCH LEQUIPMENT MO PERSOTHE RIGHT BUT NNNEL AT AND TWO ARE A TRUE A.CORRECT REPRESENTATION Of THE SAID SURVEY AND
ANY PART THEREOF OR THAT IF SUCH SURFACE WATER ORA..MALL C.NGE ANY TIME FOR THE PURPOSES OF ACCESS TO AND INSPECTION OF THE STORMWATER SUBDINSION DIMENSIONS ARE WEN IN FEET AND DECIMAL PARTS THEREOF AND
FAHRENHEIT
SUCH SURFACE WATERS INTO PUBLIC CR PRIVATE AREAS ANDOR DRAINS WHICH EASEMENT.FAS IF THE ONNER FAILS TO PERFORM ITS MAINTENANCE
THE SUBDIVIOER NAS A RIGHT TO USE AND THAT S.H SURFACE WATERS MALL BE OBLIGATIONS MATH RESPECT TO SAID FACILITES AND AFTER THIR,IT0I DAYS OF ARE CORRECTED TO A TEMPERI FURTHER CERTIFY T.T UPON ATURE OF COMPLETION OF CONSTRUCTION BUT NOT LONGER
PLANNED FOR/N ACCORDANCE NTH GENERALLY ACCEPTED ENGINEERING RECEIPT OF WRITTEN NOTICE FROM THE C,OF SAID FAILURE THE OWNER
S TO THAN ONE YEAR FROM THE RECORD,.OF T.S PLAT,CONCRETE
P.CTICES SO.TO REDUCE THE LIKELIHOOD OF SUBSTANTIVE DAMAGE TO
ADJOINING PROPERTY BECAUSE OF THE CONSTRUCTON OF THE SUBOWISIW HE ,OWN AND MON PIPES AT ALL QUIRED BY DIE PLAT AND
IILLC,4 OF O�ETSEED
DATED THIS DAY OF AD ANDOR TO PILE A LIEN ON THE PROPER,FOR FLW'S INCURREDB THE CATV MAKE THE REWIRED REPAIRS THE CI,HAS THE RIGHT BUT NOT THE IN THIS IS TO URTTHERCERMING THE REPAIRS OR MAANTENANCE IN AN EMERGENCY WT.THE EDFYAS ETHAT THE LANA INCLUDED IN THE A PUT IS
THE LIMITS OF T.cn,OF ELGIN.KANE COUNTY ILLINOIS
SITUATION,THE CITY IS NOT REOUIRED TO FRONDE NOTICE TO THE OWNER PRIOR WHICH.5 AN OFFICI.COMPREHE.VE PL.AND IS.ERCISING SPECIAL
TO MAKING E REWIRED REPAIRS OR PERFORMING THE NECESSARY POWERS AUTHORIZED BY THE STATE OF ILLINOIS ACCORDING TOO 655 ECS 5/11,12-6
MAINTENANCE .HERETOFORE AND HEREAFTER AMENDED
REGISTEREO PROFESSION.ENGINEER NO OBSTRUCTION OR STRUCTURE SHALL BE ERECTED OR LOCATEO NOR SHALL ANY
TREES BE PUNTED OVER SAID.SEMENT ARE.NOR SHALL ANY OTHER THIS IS TO CERTIFY T.T THE PARCELS MEWED IN THIS RECORD Cf DEED ARE
ACTEATIES BE UNDERT.EN T.T UNREASONABLY INTERFERE MATH THE CITY S NOT LWATED IN THE SPECIAL FLOW HAZARD AREA MIME.FOR nc Cf
PRNTED.ME INTENDED USE THEREOF BUT THE SAME MAY BE USED FOR LANDSCAPING FENCING, ELGIN ILLINOIS BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY ON THE
PARKING OR OTHER PURPOSES IF APPROVED IN WRITING BY THE CITY OF ELGIN AND FLOOD INSU.NCE RATE M.PANEL NO 1706.0153N DATED
T 3 ZOOS
ONMER ISI OR DULY AUTHORIZED ATTORNEY IF SUCH USE PURPOSES THIS SNOT THEN OR LATER INTERFERE WITH THE AFOREMENTIONED STANDARDS PROFESSION.
SERVICE
LIU CONFORMS TO T.
CURRENT
URVEY6 SSM OU
THE GRANTED EASEMENT RIGHTS TO THE CITY SHALL
OF
ICE
RY
PAINTED TEA STRUCTURES PROVIDE
i DOWN PLANTINGS TRIM SCHAUMBURG ILLINOIS MA 1S 2019
INTERFERE WITH THE OPERATICK1 OR ACCESS TO SUCH STORMWATER MANAGEMENT
FACILITIES IN ON UPON ACROSS
R OR
ANY
GE EASEMENT
MANAGEMENT EASE..CYAN YATHIN THIS PLAT THE BY CITY SHALL NOT BE RESPONSIBLE FOR THE REPLACEMENT OR REPAIR OF ANY SUCH ILLINOIS w+OF.�/•,xO�i� 95
BUILDINGS STRUCTURES IMPROVEMENTS TURF FENCES TREES GARDENS,
SHRUBS OR LANDSCAPING REMOVED OR DAMAGED DURING THE EXERCISE OF THE v.'''."
RHEREIN GIVEN RIGHTS REPLACEMENT ANDOR ESPWSIBILITV OF THE THEN PRCPETY OWNER IR OF SAID nEMS SNULBE THE U OR NO%
PROPERTYMMENSNT
OPERATION AND MAMTEMANCE RESPONSIBILITIES
.L STORMWATER MANAGEMENT FACILITIES AND AREAS DE.RIBED HEREIN AND
EXPIRES It-b-20
HEREON IDENTIFIED AS STORMWATER MANAGEMENT EASEMENT.OR'S M E•
INCLUDING DETENTION FACILITIES DETENTION AREAS OPEN SPACES DRAINAGE
SWALES CATCH.51.INLETS MANHOLES BASIN OUTLETS STORM SEWER
SERVIC
SINSERL DETENTIONINES ISUMP PUMP DRAIN.PIPES MAI..STRUCTLMES PREPARED BY•
AND ALL OTHER STORMWATER RE.TED FACILITIES NOT LOCATED W THE CI,OF NAEGER ENGINEERING LLC
ELGIN RIGHT OF WAY SNALL BE ON...MAINTAINED BY THE PROPERTY OW.. CONSULTING ENGINEERS AND ONg,MIIr Prepl n&02 15.19 PPM.G No.14259
ASSOCMTION AS WY BE FURTHER DEFINED IN THE PROPER, SRS LANO SURVEYORS
RESPECTIVEASSOCIATION BYLAWS AND DEC,.TIONS SUCCESSORS 100 FAST STATE PARKWAY
AND Iry HE'PROPER,OWNERS SSOCATION) SCHAUMBURG Il BOTTS
JOB NO 18239
IN ACCORDANCE WITH AND WITHOUT LNAITATION UPON THE FOREGOING
OBLIGATIONS AND RESPONSIBILITIES THE OWN AND MAINTAIN THE FOLLOWING LOTS OUTLORSV OWNERS ASSOCIATION WILL PREPARED FOR'
BEND TAE SILL TO. HAEGER ENGINEERING
cwNNltly.RgiP..I. • Imd tune,.
, w,5/�,�.w� M,PFRm.PM..-
EXHIBIT E
RECAPTURE ORDINANCE
Page 23 of 25
EXHIBIT E
Ordinance No. Txx-xx
AN ORDINANCE
ALLOCATING THE COST OF THE EXTENDED
SECTION OF ALFT LANE IMPROVEMENTS
TO BENEFITTED PROPERTIES
WHEREAS, the City of Elgin, a municipal corporation of the counties of Cook and
Kane, in the State of Illinois (hereinafter referred to as the "City"), and Chi Development
Operating, LLC , a Texas limited liability company (hereinafter referred to as "Developer")
entered into an Annexation Agreement (being hereinafter referred to as "Annexation
Agreement") dated , 2019; and
WHEREAS, the City, the Developer agreed in said Annexation Agreement, Section 3F,
that upon the completion of the design and construction of the extended section of Alft Lane
lying north of Mason Road, the City would adopt a recapture ordinance for the benefit of the
Developer to collect from the owner or owners of the benefitted property to the west of the
Subject Property their pro rata share of the cost to complete construction such road section
(hereinafter referred to as "Subject Extended Section of Alft Lane Improvements"); and
WHEREAS, the Developer extended the Subject Extended Section of Alft Lane
Improvements and it is fair and equitable to require the benefitted property to pay their fair share
of the improvements; and
WHEREAS the installation of the Subject Extended Section of Alft Lane Improvements
makes such improvements available to the benefitted property to the west and thereby benefits
said property; and
WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and
perform any function pertaining to its government and affairs; and
WHEREAS, the construction of the Subject Extended Section of Alft Lane
Improvements and allocation of the costs of said Subject Extended Section of Alft Lane
Improvements to the benefitted property pertains to the government and affairs of the City of
Elgin; and
WHEREAS, the City has determined that the Subject Extended Section of Alft
Lane/Mason Road Improvements heretofore described shall benefit two (2) parcels of land with
a total acreage of acres, as depicted on Exhibit A entitled "Recapture Area"; and
WHEREAS, within the Recapture Area, one of the two parcels is owned by the
Developer, acres of the total , making % of the costs of the Subject
Extended Section of Alft Lane Improvements attributable to the Developer and the
remaining parcels will share in the remaining balance of the costs of the Subject Extended
Section of Alft Lane Improvements; and
WHEREAS, the total Project Cost of the Subject Extended Section of Alft Lane
Improvements was $ ; and
WHEREAS, the City Council hereby finds that the fair proportionate share of the cost of
the above described Subject Extended Section of Alft Lane Improvements to properties benefited
by the availability of such facilities should be computed at the rate of $ per gross
acre.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the owner the Subject Benefitted Property identified in Exhibit B
attached hereto and made a part hereof who desires to annex into the City of Elgin and/or
otherwise connect to and use the Subject Extended Section of Alft Lane Improvements shall pay
to the Developer the amount allocated as the fair proportionate share of the costs of the Subject
Extended Section of Alft Lane Improvements being the amount of$ per gross acre.
Said fee shall be in addition to any and all other fees established by the City of Elgin for the
Extended Section of Alft Lane Improvements and in addition to any and all other requirements
established by the City of Elgin for connection to or use of the Extended Section of Alft Lane
Improvements including,but not limited to, annexation into the City of Elgin.
Section 2. No property listed in Exhibit B that will be adjacent to and/or otherwise use
the Subject Extended Section of Alft Lane Improvements shall be annexed into the City or shall
be issued a building permit or otherwise be issued a permit by the City of Elgin to connect or to
otherwise use the Subject Extended Section of Alft Lane Improvements until such time as
payment is made to the Developer in an amount equal to such property's proportionate share of
said improvements as set forth in this ordinance. The Developer shall issue a certificate of
payment in the form approved by the City upon the payment of reimbursement from the owner
of a benefitted property.
Section 3. That any property held in common ownership with and contiguous to
property subject to the provisions of this ordinance on the effective date of this ordinance shall
be subject to payment based on the entire amount established for the entire parcel as provided in
the ordinance.
Section 4. That the owner of the Subject Benefitted Property identified in Exhibit B
attached hereto may pay the amount allocated without interest if payment is made prior to
. If full payment is not made prior to , then payment shall be
made in full plus interest at the rate of percent ( %) per annum accruing from
until the date of payment. Notwithstanding the foregoing, interest will stop
accruing twenty(20) years after the date of the adoption of this ordinance.
- 2 -
Section 5. The provisions of this ordinance are not intended and shall not be construed
as to authorize or entitle the owner of any of the subject benefitted properties, or any other
person or entity, the right to annex into the City of Elgin.
Section 6. In the event of any conflict between the provisions of this ordinance and the
provisions of any other ordinance, the provisions of this ordinance shall supersede and control.
Section 7. Developer shall within thirty (30) days of the adoption of this ordinance
record a certified copy of this ordinance with the Kane County Recorder. Developer shall also
within thirty (30) days of the adoption of this ordinance, send out by regular mail notice of the
adoption of this ordinance with a copy of the ordinance to the property owner(s) whose name(s)
appear on the tax bills for the benefitted property identified in Exhibit B.
Section 8. The provisions of this ordinance shall be non-recourse to the City of Elgin
and the City of Elgin shall not be responsible in the event there is no development of any of the
subject benefitted properties and/or the recapture payments provided for in this ordinance are
otherwise uncollected for any reason
Section 9. That this ordinance shall be in full force and effect from and after its passage
and publication in the manner provided by law.
David J. Kaptain, Mayor
Presented:
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Kimberly A. Dewis, City Clerk
F:\Legal Dept\Ordinances\Recapture-Alft Lane-Chi Development Operating-Crow-4-15-19.docx
- 3 -
EXHIBIT A
RECAPTURE AREA MAP
- 4 -
EXHIBIT B
RECAPTURE COSTS
Parcel Index Number Recapture
Parcel Owner/Legal Description Acreage Amount
(INSERT LISTING OF INFORMATION FOR SUBJECT BENEFITTED PROPERTY)
- 5 -
EXHIBIT F
STIPULATED IMPACT FEES AND RECAPTURE FEES
Page 24 of 25
ANNEXATION AGREEMENT EXHIBIT F
CITY OF ELGIN
DEVELOPMENT IMPACT & RECAPTURE FEE
ESTIMATE
Project Name or Address: Bartels Property(Building A Only) 155029 sq.ft.
Date of Estimate: 5/3/2019
School District(46, 301, or 300): 300
Location: NW
Sewer Recapture Area: Tyler Creek
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: 0 $5,160 $0
Number of 4"Water Services: 0 $20,680 $0
Number of Water Services Larger than 4": 0 $25,000 $0
Fire Suppression Service 0 $1,300 $0
Total: 0 TBD
ELGIN 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
Public Safety(NW): 010-0000-605.63-11 $35,873.50
Roadway Contribution: Road Project Fee $0.00
School Capital(300): Unknown $0.00
School Land (300): Unknown $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 $13,736.26
Sewer Recapture(Tyler Creek/Big Timber): 440-0000-605.15-01 $36,263.74
Water System Capital Connection Fee 420-0000-605.29-00 TBD
TOTAL: $85,873.50
RECAPTURE FEES OWED/PAYBLE TO CITY
Property subject to recapture ordinance G113-06 and the provisions of Section 6.B. of the annexation
agreement under which said recapture may be waived.
RECAPTURE FEES OWED/PAYBLE TO OTHERS
Property subject to recapture ordinance T16-18.Amount owed for entire property(not building specific)
is principal amount of$528,447.36 plus interest as provided for in such ordinance.
ANNEXATION AGREEMENT EXHIBIT F
CITY OF ELGIN
DEVELOPMENT IMPACT & RECAPTURE FEE
ESTIMATE
Project Name or Address: Bartels Property(Building B Only) 106138 sq.ft.
Date of Estimate: 5/3/2019
School District(46, 301, or 300): 300
Location: NW
Sewer Recapture Area: Tyler Creek
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: 0 $5,160 $0
Number of 4"Water Services: 0 $20,680 $0
Number of Water Services Larger than 4": 0 $25,000 $0
Fire Suppression Service 0 $1,300 $0
Total: 0 TBD
ELGIN 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
Public Safety(NW): 010-0000-605.63-11 $24,560.19
Roadway Contribution: Road Project Fee $0.00
School Capital(300): Unknown $0.00
School Land(300): Unknown $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 $10,613.80
Sewer Recapture(Tyler Creek/Big Timber): 440-0000-605.15-01 $28,020.43
Water System Capital Connection Fee 420-0000-605.29-00 TBD
TOTAL: $63,194.42
RECAPTURE FEES OWED/PAYBLE TO CITY
Property subject to recapture ordinance G113-06 and the provisions of Section 6.B. of the annexation
agreement under which said recapture may be waived.
RECAPTURE FEES OWED/PAYBLE TO OTHERS
Property subject to recapture ordinance T16-18. Amount owed for entire property(not building specific)
is principal amount of$528,447.36 plus interest as provided for in such ordinance.
ANNEXATION AGREEMENT EXHIBIT F
CITY OF ELGIN
DEVELOPMENT IMPACT & RECAPTURE FEE
ESTIMATE
Project Name or Address: Bartels Property(Building C Only) 376647 sq.ft.
Date of Estimate: 5/3/2019
School District(46, 301, or 300): 300
Location: NW
Sewer Recapture Area: Tyler Creek
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: 0 $5,160 $0
Number of 4"Water Services: 0 $20,680 $0
Number of Water Services Larger than 4": 0 $25,000 $0
Fire Suppression Service 0 $1,300 $0
Total: 0 TBD
ELGIN 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
Public Safety(NW): 010-0000-605.63-11 $41,321.19
Roadway Contribution: Road Project Fee $0.00
School Capital(300): Unknown $0.00
School Land(300): Unknown $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 $13,736.26
Sewer Recapture(Tyler Creek/Big Timber): 440-0000-605.15-01 $36,263.74
Water System Capital Connection Fee 420-0000-605.29-00 TBD
TOTAL: $91,321.19
RECAPTURE FEES OWED/PAYBLE TO CITY
Property subject to recapture ordinance G113-06 and the provisions of Section 6.B. of the annexation
agreement under which said recapture may be waived.
RECAPTURE FEES OWED/PAYBLE TO OTHERS
Property subject to recapture ordinance T16-18. Amount owed for entire property(not building specific)
is principal amount of$528,447.36 plus interest as provided for in such ordinance.
EXHIBIT G
PLAT OF DEDICATION FROM OWNER OF PLOTE PARCEL
Page 25 of 25
P I N NO 01-30-300-007
oven,vo PLAT OF DEDICATION
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THAT PART OF THE NEST HALF Of THE SOUTHWEST OMPTER OF SECT..30.
TOWNSHIP 42 NORTH RANGE 6 EAST OF OM THIRD PRMOIRAL IAERIDIAN
DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF WO
WEST HALF THENCE NORTH 00 DEGREES 39 MINUTES.09 SECONDS EAST ALONG 1HE
FAST LINE Of EA.HEST HALF BOG SA FEET TO THE POINT OF BEGMNING/FENCE
NORTHWESTERLY ALONG A CURVE CONCAVE TO THE SOUTEMEST HAVING AN..
OF 36 00 FEET AN ARC DISTANCE Of 30 61 FEE/THE CHORD OF SMO ARC HAVING A
LENGTH Of 2964 FEET AND A BEARING Of NORTH 213 DEGREES 22 MINUTES S.
SECONDS WEST THENCE NORTHEASTERLY ALONG A CURVE CONCAVE TO THE EAST
HAVING A RADIUS Of 62 00 FEET AN ARC DISTANCE Cf Ill IO FEET TO THE EAST
L100.E.ZErAISV.°I14.7:1;G"S'EFNORT71.COrCrOREFEr3=TrCrSE=rj
I THENCE SOUTH 00 DEGREES 39 MINUTES 09 SECONDS WEST ALONG SAIO EAST LINE
ISO 9TFEET TO THE POINT OF BEGINNING KANE COUNTY ELINOIS
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CITY OF ELGIN 1
APPROVED Apo ACLEETED THs oAy oF
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APPROVED THS DAY OF A D 20
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OWNER'S CONVEYANCE CERTIFICATE KANE COUNTY CLERK CERTIFICATE
STATE OF DUNG. 1 DLL/E oF,,,,,o,s ,
KANE COW,RECORDER
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COUNTY OF KANE I COUNTY OF KANE 1
PRINTED NAME
I COUNTY CLERK OF 1.AND COUN,ILLINOIS DO HEREBY
THIS INDENTURE VAINESSETH THAT CERTIFY THAT THERE ARE NO DELINQUENT GENERAL TAXES NO UNPAID FORFEITED
IS THE OWNER AND HOLDER OF RECORD TITLE ANNEXED IN THE CI,OF TAXES AND NO REDEEMABLE TAX SALES AGANST ANY OF THE LAND INCLUDED IN
ROM HEREIN DESCRIBED AND PLATTED DOES HEREBY relece'rE c.v. THE DEscR.E0 pRopERTy
GRANT AND OUITCLAIM THE PROPER,HEREIN PLATTED TO THE CI,OF
ELGIN/ONE COUNTY.ILLINOIS.FOR USE AS A PUBLIC RIGNT.OF.WAY FOR G/VEN UNDER LEY HANO Aro SEAL AT GENEVA AARE COUNTY ILLINOIS
ROADWAY PURPOSES BY ITS SIGNATURE ELSEWHERE ON THIS PLAT THE OATEDP-IIS_DAY OF_A 0 20_
CI,OF ELGIN ACKNOVAEDGES AND ACCEPTS THIS CONVEYANCE•
DATED THIS DAY OF A 0 20
AS RECORD TITLE HOLDER COUNTY CLERK
BY PRINTED NMIE.
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PRMITED NAME
A,EST
(TITLE, COLN,OF COOK I SS
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FROM SGRVENS AND Of T..RECORDS FOR THE USE AND PURPOSES HEREIN SET
NOTARy CERTIFICATE FORM AND THAT THE PLAT IS A CORRECT REPRESENTATON OF THE HEREON
CAPTIONED PROPERTY
COUNTY OF FANF I'
I A NOTARY PUBLIC IN NO FOR SAIO COY OR COUNTY re.,„„„„x,,,,
,L.R.S .suFwEy 3.96
IN THE STATE AFORESAID DO HEREBY CERT!,THAT
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PERSON.,KNOAN TO ME TO BE THE SAME PERSONS
WHOSE NAMES ARE SUBSCRMED TO PE FOREGOING INSTRUNE101 AS SUCH
OWNERS APPEARED BEFORE ME PBS DAV IN PERSON AND ACKNOMAEOGED THAT 'TA.,,,,,,,„A1,
THEY SIGNED AND DELIVERED TIM ANNEXED PLAT AT THEIR OWN FREE NO
VOLUNTARy ACT FOR THE USES ANO DURPOSES HEREIN SET FORP-I
E/PIPES 1 1-30-20 °roundly Proyerod.03/25/19 Project No.06.172
GreEN UNDER MY NAND AND NOTARLAL SEAL THIS DAY OF . .11m1m..
20 AT II HAEGER ENGINEERING
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