HomeMy WebLinkAbout21-184 Resolution No.21-184
RESOLUTION
AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH
AG-HS TOLLGATE PROPERTY OWNER, LLC, A DELAWARE LIMITED LIABILITY
COMPANY, AS DEVELOPER, AND VARIOUS PROPERTY OWNERS
(1100-1120 Tollgate Road)
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: December 9, 2021
Adopted: December 9, 2021
Vote: Yeas: 7 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
ANNEXATION AGREEMENT
HIGH STREET TOLL GATE INDUSTRIAL PARK
Toll Gate Road,Elgin, IL
THIS AGREEMENT made and entered into this r day of December, 2021,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"), AG-HS Tollgate Property Owner, L.L.C., a
Delaware limited liability company (hereinafter referred to as the "Developer"), and those
individuals who have executed this Agreement as the owners of the Subject Property(hereinafter
individually and collectively referred to as the "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 those five (5) parcels of real property
described as Parcels 1 through 5 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 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
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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
WHEREAS, pursuant to a certain intergovernmental agreement executed in 2005 by the
City and the Village of Sleepy Hollow,Illinois(the"Village")as amended by a certain amendment
thereto dated April 14, 2021 the City and the Village have agreed that, as between them, the
authority to annex, zone, serve and control the development of the Subject Property shall lie
exclusively with the City; and
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 Owner 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 Owner,
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.
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(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 PGI-Planned General Industrial District in the form attached hereto as
Exhibit C (the"PGI Ordinance"), and(ii)a resolution approving the final plat of subdivision of
the Subject Property, prepared by Haeger Engineering dated August 20, 2021, 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 3G of the PGI 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
PGI 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) Changes may be made to the architectural design and associated landscaping of
either of the two buildings depicted on the Site Plan 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,
without limitation, stormwater practices), (iii)the Final Engineering Plans, and(iv)the terms and
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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" call for the Developer to construct and extend(i)
the City's right-of-way known as Toll Gate Road and(ii) associated sanitary sewer, storm sewer,
water main, public sidewalk on both sides of Toll Gate Road extension, street lights, and street
trees (collectively, the "Subject Toll Gate Road Improvement") from its current western
terminus to the west property line of the Subject Property, as more fully depicted in the Final
Engineering Plans. Developer at its cost shall complete such Subject Toll Gate Road Improvement
on or before December 31,2022.
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
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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 E dated November 9, 2021 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, 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 E dated November 9, 2021. 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 Toll Gate Road as
depicted in the Final Plat. Owner and Developer shall provide for the construction of the Subject
Tollgate Road 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 Toll Gate
Road Improvement as part of the initial development activities on the Subject Property and shall
complete such Subject Toll Gate Road Improvement prior to the issuance of any occupancy
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permits on the Subject Property.
B. Intentionally omitted.
7. Owner shall cause all portions of Subject Property depicted on development plan(s)
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 fmal 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
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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
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 PGI 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.
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17. This Annexation Agreement shall be in effect for a period of twenty(20)years from
the date of execution hereof and shall be binding upon and inure to the benefit of the parties hereto,
and their heirs, successors and assigns of all or any part of the Subject Property.
18. 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, after the annexation of Subject Property into the City, and
prior to the issuance of final plat approval the City shall, at the request of the Developer,promptly
issue to the Developer such permits as may be required to permit the Developer to proceed with
the mass grading required for the construction of the Development; provided, however, that as a
condition to the issuance of such permits, (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.
Developer's execution of this Agreement shall constitute Developer's request and application for
the creation of such Special Service Area for the Subject Property. The Owner and any of its
successors in interest agree to and do hereby to the fullest extent permitted by law, waive any and
all protests, objections and/or rights to petition for disconnection regarding such Special Service
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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
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
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said period of time informing Developer and the individual or entity to whom the building permit
was issued specifically as to those corrections necessary as a condition to the issuance of a
Certificate of Occupancy and quoting the section of the Code relied upon by the City in its request
for correction. The City agrees that Certificates of Occupancy (temporary or permanent, as the
case may be) shall be issued upon(a)proper application of the appropriate party, (b) compliance
with all applicable building codes, zoning ordinance requirements and other applicable
requirements of law, and(c)receipt and approval by the City of a performance bond(or a suitable
alternative such as an irrevocable letter of credit or a cash deposit)covering one hundred twenty-
five(125%)percent of the cost of any incomplete site work. The City shall allow one master bond
at a mutually agreed upon amount to cover any incomplete work,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. Intentionally omitted.
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
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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
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,
Page 11 of 31
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
With a copy to: City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Attention: Corporation Counsel
Page 12 of 31
If to Owner: As set forth on the attached Ownership signature pages
With a copies to: As set forth on the attached Ownership signature pages
If to Developer:
AG-HS Tollgate Property Owner,L.L.C. 1 Premier Plaza
5605 Glenridge Drive, Suite 350,
Atlanta,GA 30340
Michael Ruen
With a copy to:
Bazos, Freeman, Schuster&Pope, LLC
Attn: 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.
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.
Page 13 of 31
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 PGI 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 PGI 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
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
Page 14 of 31
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.
[signature pages follow]
Page 15 of 31
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.
CITY OF ELGIN, a municipal
corporation
By:
Mayor
Attest: heize),O
ity Clerk
DEVELOPER:
AG-HS TOLLGATE PROPERTY OWNER, L.L.C.
A Del are limited liabili company
By: �S ✓l (C its sole Manager
By: ichael uen, its __f'p r7, ',Q/ f4 r4 f, ✓j 0,y e �f
F:\Legal Dept\Agreement\Annexation-Agr-High St Tollgate Industrial Park-I 100-1120 Tollgate Rd-Redlined 11-5-21.docx
Page 16 of 31
OWNERS
BK/y:
?0A (or Ck(n�`� Address for Notices:
Elairn /Booras, owner of Parcel 1 35W590 Toll Gate Road
West Dundee, IL 60118
By:
Toshie T. Korzeniowski, owner of Parcel 2
By:
Andres Macias, owner of Parcel 3
By:
Jacob Dohm, owner of Parcel 3
By:
Efrain Ocampo, owner of Parcel 4
By:
Manuela Ocampo, owner of Parcel 4
By:
Ronald E. Thomas, owner of Parcel 5
By:
Sabrina Thomas, owner of Parcel 5
Page 17 of 31
OWNERS
By:
Elaine Booras,owner of Parcel 1
1"^f
�/
By: /lj—� ' Address for Notices:
Toshie T.Korzeniowski,owner of arcel 2 3 5 W 6 6 0 Toll Gate Road
Dundee, IL 60118
By:
Andres Macias,owner of Parcel 3
By:
Jacob Dohm,owner of Parcel 3
By:
Efrain Ocampo,owner of Parcel 4
By:
Manuela Ocampo,owner of Parcel 4
By:
Ronald E.Thomas,owner of Parcel 5
By:
Sabrina Thomas,owner of Parcel 5
Page 17a of 31
OWNERS
By:
Elaine Booras, owner of Parcel 1
By:
Toshie T. Korzeniowski,owner of Parcel 2
By: % Address for Notices:
es .cias, o c Parcel 3 35W655 Toll Gate Road
Dundee, IL 60118-9701
By:
cob Dohm, owner of Parcel 3
By:
Efrain Ocampo, owner of Parcel 4
By:
Manuela Ocampo, owner of Parcel 4
By:
Ronald E. Thomas,owner of Parcel 5
By:
Sabrina Thomas, owner of Parcel 5
Page 18 of 31
OWNERS
By:
Elaine Booras, owner of Parcel 1
By:
Toshie T. Korzeniowski, owner of Parcel 2
By:
Andres Macias, owner of Parcel 3
By:
Jacob Dohm, owner of Parcel 3
By: Address for Notices:
Efrain Ocampo, owner of Parcel 4 35W625 Toll Gate Road
,� West Dundee, IL 60118-9701
By: VlQ Yugl-a ' u� C
Manuela Ocampo,owner of Parcel 4
By:
Ronald E. Thomas,owner of Parcel 5
By:
Sabrina Thomas, owner of Parcel 5
Page 18a of 31
OWNERS
By:
Elaine Booras, owner of Parcel 1
By:
Toshie T. Korzeniowski, owner of Parcel 2
By:
Andres Macias, owner of Parcel 3
By:
Jacob Dohm, owner of Parcel 3
By:
Efrain Ocampo, owner of Parcel 4
By:
Manuela Oc po, owner of Parcel 4
By: Address for Notices:
Ronald E. Thomas, owner of Parcel 5 35W530 Toll Gate Road
Dundee, Illinois 60118-9722
By:
Sabrina Thomas, owner of Parcel 5
Page 18b of 31
EXHIBITS
Exhibit A: Legal Descriptions of the five parcels comprising the Subject Property
Exhibit B: Annexation Plat
Exhibit C: PGI Ordinance
Exhibit D: Final Plat
Exhibit E: Stipulated Impact Fees
Page 19 of 31
EXHIBIT A
LEGAL DESCRIPTIONS OF SUBJECT PROPERTY
Parcel 1:
That part of the East Half of the Southwest Quarter of Section 33, Township 42 North, Range 8
East of the Third Principal Meridian described as follows:
Commencing at a point in the East line of said Southwest Quarter that is 1035.98 feet South of the
Northeast corner thereof, being also a point 34.17 feet Northerly (measured along the East line)
from the Northerly right of way line of the State of Illinois Northwest Toll Highway; thence
Northwesterly along a line that forms an angle of 105 degrees 03 minutes to the right with said
East line, and being parallel with said Northerly right of way line, a distance of 108.0 feet; thence
Northwesterly along a curve to the right, having a radius of 409.11 feet and being tangent to the
last described course,a distance of 296.32 feet;thence Northwesterly tangent to the last described
curve a distance of 125.0 feet; thence Northwesterly along a curve to the left having a radius of
213.80 feet and being tangent to the last described course, a distance of 100.00 feet for the place
of beginning; thence Northeasterly along a line that forms an angle of 108 degrees 12 minutes
from Southeast to Northeast with the chord of the last described curve, a distance of 508.5 feet;
thence Northeasterly 276.45 feet to a point in the East line of said Southwest Quarter that is 130.0
feet South of the Northeast corner thereof; thence Northerly along said East line 130.0 feet to the
Northeast corner of said Southwest Quarter; thence Westerly along the North line of said
Southwest Quarter a distance of 702.2 feet to a point 611.0 feet East of the Northwest corner of
the East Half of said Southwest Quarter;thence Southerly along a line that forms a clockwise angle
86 degrees with the North line of said Southwest Quarter,a distance of 512.0 feet;thence Westerly
at right angles to the last described course, a distance of 67.0 feet; thence Southerly along a line
that forms a clockwise angle of 91 degrees with the last described course, a distance of 130.0 feet;
thence Easterly along a line that forms an angle of 90 degrees 48 minutes from North to East with
the last described course,a distance of 133.14 feet;thence Southeasterly along a curve to the right
having a radius of 213.8 feet and being tangent to the last described course, a distance of 118.69
feet to the place of beginning.Being situated in Dundee Township,Kane County,Illinois.Together
with a non-exclusive right to use the easement for ingress and egress created by Declaration dated
May 17, 1963 and recorded June 3, 1963 in Book 2182,Page 247 as Document 1002043,made by
Ruth A. Meadows and husband et al, over that part of the East Half of the Southwest Quarter of
Section 33,Township 42 North,Range 8 East of the Third Principal Meridian,being a strip of land
66 feet in width,the center line of which is described as follows:
Southwest Quarter 1035.98 feet to a point 34.17 feet North of,measured along said East line, the
Northerly right of way line of the State of Illinois Northwest Toll Highway for the Point of
Beginning of said center line;thence Northwesterly along a line forming an angle of 105°3' to the
right with a prolongation of the last described course, being parallel with said Northerly right of
way line, 108 feet; thence Northwesterly along a curve to the right,having a radius of 409.11 feet
and being tangent to the last described course at the last described point 296.32 feet; thence
Page 20 of 31
Northwesterly along a line tangent to the last described course at the last described point 125 feet;
thence Northwesterly along a curve to the left,having a radius of 213.80 feet and being tangent to
the last described course at the last described point 218.69 feet;thence Westerly tangent to the last
described curve at the last described point 133.74 feet for the terminus of said center line; in the
Township of Dundee,Kane County,Illinois. Also over that part of the East Half of the Southwest
Quarter of said Section 33, described as follows:
Commencing at the Northwest Corner of the East Half of said Southwest Quarter; thence East
along the North line of said Quarter 611 feet; thence Southerly along a line forming an angle of
86°to the right with the prolongation of the last described course,512 feet;thence Easterly at right
angles to the last described course, 83 feet for the Point of Beginning; thence Westerly along the
last described course and said course extended Westerly 150 feet; thence Southerly along a line
forming an angle of 89°to the left with the prolongation of the last described course 97 feet;thence
Easterly 150 feet to a point 103.38 feet Southerly from the Point of Beginning; thence Northerly
103.38 feet to the Point of Beginning; in the Township of Dundee, Kane County, Illinois.
PIN: 03-33-300-042
Common Address: 35W590 Toll Gate Road, Dundee, IL 60118
Owner: Elaine A. Booras
Parcel 2:
That part of the East 1/2 of the Southwest `/ of Section 33,Township 42 North,Range 8 East of the
Third Principal Meridian described as follows:
Beginning at the Northwest corner of the East %2 of the Southwest % of said Section 33; thence
East along the North line of said Southwest % 611 feet; thence South 4 degrees East 512 feet;
thence South 86 degrees West 67 feet; thence North 3 degrees West 70 feet; thence South 88
degrees 09 minutes West 577.57 feet to the West line of the East Y2 of the Southwest % of said
Section 33; thence North along said West line 465 feet to the point of beginning,in the Township
of Dundee, Kane County, Illinois.
Easement for Ingress and Egress created by Agreement dated May 17, 1963 and recorded June 3,
1963 as Document 1002043,made by Ruth A. Meadows and others for benefit of Parcel One and
over easement area described in said Document 1002043.
PIN: 03-33-300-006
Common Address: 35W660 Toll Gate Road,Dundee, IL 60118
Owner: Toshie T. Korzeniowski
Page 21 of 31
Parcel 3:
That part of the East Half of the Southwest Quarter of Section 33, Township 42 North, Range 8
East of the Third Principal Meridian described as follows:
Commencing at the Northwest corner of the East Half of said Southwest Quarter;thence East along
the North line of said Southwest Quarter 611 feet;thence Southerly along a line forming an angle
of 86°to the right with the prolongation of the last described course 512 feet; thence Westerly at
right angles to the last described course 67 feet; thence Southerly along a line forming an angle of
89°to the left with the prolongation of the last described course 130 feet for the Point of Beginning;
thence Northerly along the last described course and said course extended 200 feet; thence
Westerly 576.56 feet to a point on the West line of the East Half of said Southwest Quarter, 465
feet South of the Northwest corner of the East Half of said Southwest Quarter;thence South along
said West line 457.35 feet to the Northerly line of the right of way of the State of Illinois Northwest
Toll Highway; thence Southeasterly along said Northerly right of way line 275 feet; thence
Northeasterly 473.3 feet to the Point of Beginning; in the Township of Dundee, Kane County,
Illinois,hereinafter for convenience referred to as"the real estate".
Together with a non-exclusive right to use the easement for ingress and egress created by
Declaration dated May 17, 1963 and recorded June 3, 1963 in Book 2182,Page 247 as Document
1002043, made by Ruth A. Meadows and husband et al, over that part of the East Half of the
Southwest Quarter of Section 33, Township 42 North, Range 8 East of the Third Principal
Meridian,being a strip of land 66 feet in width,the center line of which is described as follows:
Commencing at the Northeast Corner of said Southwest Quarter; thence South along the East line
of said Southwest Quarter 1035.98 feet to a point 34.17 feet North of, measured along said East
line, the Northerly right of way line of the State of Illinois Northwest Toll Highway for the Point
of Beginning of said center line;thence Northwesterly along a line forming an angle of 105 degrees
3' to the right with a prolongation of the last described course, being parallel with said Northerly
right of way line, 108 feet; thence Northwesterly along a curve to the right, having a radius of
409.11 feet and being tangent to the last described course at the last described point 296.32 feet;
thence Northwesterly along a line tangent to the last described course at the last described point
125 feet; thence Northwesterly along a curve to the left, having a radius of 213.80 feet and being
tangent to the last described course at the last described point 218.69 feet;thence Westerly tangent
to the last described curve at the last described point 133.74 feet for the terminus of said center
line; in the Township of Dundee,Kane County,Illinois.
Also over that part of the East Half of the Southwest Quarter of said Section 33, described as
follows:
Commencing at the Northwest Corner of the East Half of said Southwest Quarter; thence East
along the North line of said Quarter 611 feet; thence Southerly along a line forming an angle of
86°to the right with the prolongation of the last described course,512 feet;thence Easterly at right
angles to the last described course, 83 feet for the Point of Beginning; thence Westerly along the
last described course and said course extended Westerly 150 feet; thence Southerly along a line
forming an angle of 89°to the left with the prolongation of the last described course 97 feet;thence
Easterly 150 feet to a point 103.38 feet Southwesterly from the Point of Beginning; thence
Northerly 103.38 feet to the Point of Beginning;in the Township of Dundee,Kane County,Illinois.
Page 22 of 31
PIN: 03-33-300-007
Common Address: 35W655 Toll Gate Road, Dundee, IL 60118
Owner: Andrea Macias and Jacob Dohm
Parcel 4:
Parcel A:
PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 33,
TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF SAID
SOUTHWEST QUARTER; THENCE EASTERLY ALONG THE NORTH LINE OF SAID
SOUTHWEST QUARTER A DISTANCE OF 611.0 FEET;THENCE SOUTHERLY ALONG A
LINE THAT FORMS AN ANGLE OF 86 DEGREES 00 MINUTES TO THE RIGHT WITH
THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 512.0
FEET; THENCE WESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE A
DISTANCE OF 67.0 FEET; THENCE SOUTHERLY ALONG A LINE THAT FORMS AN
ANGLE OF 89 DEGREES 00 MINUTES TO THE LEFT WITH THE PROLONGATION OF
THE LAST DESCRIBED COURSE, A DISTANCE OF 130.0 FEET; THENCE
SOUTHWESTERLY 9.3 FEET FOR THE PLACE OF BEGINNING, SAID 9.3 FEET BEING
MEASURED ALONG A LINE THAT IF EXTENDED WOULD INTERSECT THE
NORTHERLY RIGHT OF WAY LINE OF THE NORTHWEST TOLL HIGHWAY AT A
POINT 275.0 FEET EASTERLY OF THE WEST LINE OF THE EAST HALF OF SAID
SOUTHWEST QUARTER (SAID 275.0 FEET BEING MEASURED ALONG SAID
NORTHERLY RIGHT OF WAY LINE); THENCE CONTINUING SOUTHWESTERLY
ALONG THE LAST DESCRIBED COURSE EXTENDED, A DISTANCE OF 464.0 FEET TO
THE POINT IN SAID NORTHERLY RIGHT OF WAY LINE THAT IS 275.0 FEET
EASTERLY OF THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER;
THENCE SOUTH EASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE A
DISTANCE OF 188.25 FEET TO AN ANGLE IN SAID NORTHERLY RIGHT OF WAY LINE,
THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE A
DISTANCE OF 136.67 FEET, THENCE NORTHERLY 411.6 FEET TO THE PLACE OF
BEGINNING, AND BEING SITUATED IN DUNDEE TOWNSHIP, KANE COUNTY,
ILLINOIS.
AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 25.0 FEET IN
WIDTH LYING EASTERLY AND ADJOINING THE PROPERTY HEREIN ABOVE
DESCRIBED IN PARCEL 1. AN EASEMENT FOR ROAD PURPOSES DESCRIBED AS
FOLLOWS: PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION
33, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
BEING A STRIP OF LAND 66.0 FEET WIDE, THE CENTER LINE OF WHICH IS
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID
SOUTHWEST QUARTER; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID
Page 23 of 31
SOUTHWEST QUARTER A DISTANCE OF 1035.98 FEET TO A POINT IN SAID EAST LINE
THAT IS 34.17 FEET NORTHERLY (MEASURED ALONG SAID EAST LINE) FROM THE
NORTHERLY RIGHT OF WAY LINE OF THE STATE OF ILLINOIS NORTHWEST TOLL
HIGHWAY FOR THE PLACE OF BEGINNING FOR THE CENTER LINE OF SAID 66.0
FOOT WIDE STRIP OF LAND; THENCE NORTHWESTERLY ALONG A LINE THAT
FORMS AN ANGLE OF 105 DEGREES 03 MINUTES TO THE RIGHT WITH THE
PROLONGATION OF THE LAST DESCRIBED COURSE AND BEING PARALLEL WITH
SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF 108.0 FEET; THENCE
NORTHWESTERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 409.11
FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE, A DISTANCE OF
296.32 FEET; THENCE NORTHWESTERLY TANGENT TO THE LAST DESCRIBED
CURVE, A DISTANCE OF 125.0 FEET; THENCE NORTHWESTERLY ALONG A CURVE
TO THE LEFT HAVING A RADIUS OF 213.80 FEET AND BEING TANGENT TO THE LAST
DESCRIBED CURVE A DISTANCE OF 218.69 FEET;THENCE,WESTERLY TANGENT TO
LAST DESCRIBED CURVE A DISTANCE OF 133.74 FEET FOR THE TERMINUS OF THE
CENTER LINE OF SAID 66.0 FOOT WIDE EASEMENT. ALSO A PARCEL OF LAND TO
BE DESCRIBED AS AN EASEMENT FOR A PRIVATE ROAD AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF SAID
SOUTHWEST QUARTER; THENCE EASTERLY ALONG THE NORTH LINE OF SAID
SOUTHWEST QUARTER A DISTANCE OF 611.0 FEET;THENCE SOUTHERLY ALONG A
LINE THAT FORMS AN ANGLE OF 86 DEGREES 00 MINUTES TO THE RIGHT WITH
THE PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE OF 512.0 FEET;
THENCE EASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE A
DISTANCE OF 83.0 FEET FOR THE PLACE OF BEGINNING; THENCE WESTERLY
ALONG THE LAST DESCRIBED COURSE AND ALONG THE LAST DESCRIBED COURSE
EXTENDED,A DISTANCE OF 150.0 FEET;THENCE SOUTHERLY ALONG A LINE THAT
FORMS AN ANGLE OF 89 DEGREES 00 MINUTES TO THE LEFT WITH THE
PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE OF 97.0 FEET;
THENCE EASTERLY 150.0 FEET TO A POINT 103.38 FEET SOUTHERLY OF THE PLACE
OF BEGINNING; THENCE NORTHERLY 103.38 FEET TO THE PLACE OF BEGINNING.
ALL THE ABOVE BEING SITUATED IN DUNDEE TOWNSHIP, KANE COUNTY,
ILLINOIS.
Parcel B:
THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 33,
TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID
EAST HALF; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHWEST
QUARTER 611.0 FEET; THENCE SOUTHWESTERLY ALONG A LINE THAT FORMS AN
ANGLE 86 DEGREES 00 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE
LAST DESCRIBED COURSE, 512.0 FEET, THENCE WESTERLY AT RIGHT ANGLES TO
THE LAST DESCRIBED COURSE, 67.0 FEET; THENCE SOUTHERLY ALONG A LINE
THAT FORMS AN ANGLE OF 89 DEGREES 00 MINUTES TO THE LEFT WITH THE
PROLONGATION OF THE LAST DESCRIBED COURSE, 130.0 FEET FOR THE POINT OF
Page24of31
BEGINNING; THENCE SOUTHWESTERLY 9.3 FEET ALONG A LINE THAT, IF
EXTENDED, WOULD INTERSECT THE NORTHERLY RIGHT OF WAY OF THE
NORTHWEST TOLL HIGHWAY AT A POINT 275.0 FEET EASTERLY OF THE WEST LINE
OF SAID EAST HALF (SAID 275 FEET BEING MEASURED ALONG SAID NORTHERLY
RIGHT OF WAY LINE); THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT
OF WAY LINE 465.07 FEET TO AN ANGLE IN SAID NORTHERLY RIGHT OF WAY LINE;
THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE, 101.17
FEET TO A JOG IN SAID NORTHERLY RIGHT OF WAY LINE; HENCE
NORTHEASTERLY ALONG THE JOG IN SAID NORTHERLY RIGHT OF WAY LINE,
138.62 FEET; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY
LINE, 144.55 FEET TO THE EAST LINE OF SAID SOUTHWEST QUARTER; THENCE
NORTHERLY ALONG SAID EAST LINE, 34.17 FEET; THENCE NORTHWESTERLY
G ALONG A LINE THAT FORMS AN ANGLE OF 74 DEGREES 57 MINUTES TO THE LEFT
WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE AND PARALLEL
WITH THE NORTHERLY RIGHT OF WAY OF THE NORTHWEST TOLL HIGHWAY 108.0
FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A •
RADIUS OF 409.11 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE,
27.17 FEET; THENCE NORTHEASTERLY ALONG A RADIAL LINE FOR THE LAST
DESCRIBED CURVE 33.0 FEET;THENCE NORTHWESTERLY ALONG A CURVE TO THE
RIGHT HAVING A RADIUS OF 376.11 FEET AND TANGENT TO A LINE
PERPENDICULAR TO THE LAST DESCRIBED COURSE, 247.44 FEET; THENCE
NORTHWESTERLY ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE,
12.31 FEET; THENCE SOUTHWESTERLY ALONG A LINE PERPENDICULAR TO THE
LAST DESCRIBED COURSE, 33.0 FEET; THENCE NORTHWESTERLY ALONG A LINE
PERPENDICULAR TO THE LAST DESCRIBED COURSE, 112.69 FEET; THENCE
NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 213.8 FEET
AND TANGENT TO THE LAST DESCRIBED COURSE,218.69 FEET;THENCE WESTERLY
133.14 FEE TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF DUNDEE, KANE
COUNTY, ILLINOIS. TOGETHER WITH AN NON-EXCLUSIVE RIGHT TO USE THE
EASEMENT FOR INGRESS AND EGRESS CREATED BY DECLARATION DATED MAY
17, 1963 AND RECORDED JUNE 3, 1963 IN BOOK 2182, PAGE 247 AS DOCUMENT
1002043 (1963 EASEMENT), MADE BY RUTH A. MEADOWS AND HUSBAND ET AL,
OVER THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION
33, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPLE MERIDIAN,
BEING A STRIP OF LAND 66 FEET IN WIDTH, THE CENTER LINE OF WHICH IS
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID
SOUTHWEST QUARTER; THENCE SOUTH ALONG THE EAST LINE OF SAID
SOUTHWEST QUARTER 1035.98 FEET TO A POINT 34.17 FEET NORTH OF MEASURED
ALONG SAID EAST LINE,THE NORTHERLY RIGHT OF WAY LINE OF THE STATE OF
ILLINOIS NORTHWEST TOLL HIGHWAY TO THE POINT OF BEGINNING OF SAID
CENTER LINE; THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF
105 DEGREES 3 MINUTES TO THE RIGHT WITH A PROLONGATION OF THE LAST
DESCRIBED COURSE, BEING PARALLEL WITH SAID NORTHERLY RIGHT OF WAY
LINE, 108 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT,
HAVING A RADIUS OF 409.11 FEET AND BEING TANGENT TO THE LAST DESCRIBED
Page25of31
COURSE AT THE LAST DESCRIBED POINT 296.32 FEET; THENCE NORTHWESTERLY
ALONG A LINE TANGENT TO THE LAST TANGENT TO THE LAST DESCRIBED
COURSE AT THE LAST DESCRIBED POINT 125 FEET, THENCE NORTHWESTERLY
ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 213.80 FEET AND BEING
TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT
219.69 FEET;THENCE WESTERLY TANGENT TO THE LAST DESCRIBED CURVE A THE
LAST DESCRIBED POINT 133.74 FEET FOR THE TERMINUS OF SAID CENTER LINE,IN
THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. ALSO OVER THAT PART OF
THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 33, DESCRIBED
AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF
THE SOUTHWEST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID
QUARTER 611 FEET; THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF
86 DEGREES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED
COURSE, 512 FEET; THENCE EASTERLY AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE, 93 FEET FOR THE POINT OF BEGINNING; THENCE WESTERLY
ALONG THE LAST DESCRIBED COURSE AND SAID COURSE EXTENDED WESTERLY,
150 FEET; THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 89
DEGREES TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED
COURSE 97 FEET;THENCE EASTERLY 150 FEET TO A POINT 103.38 FEET SOUTHERLY
FORM THE POINT OF BEGINNING; THENCE NORTHERLY 103.38 FEET TO THE POINT
OF BEGINNING, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS.
PIN: 03-33-300-008 (Parcel A)and 03-33-300-055 (Parcel B)
Common Address: 35W645 Toll Gate Road, Dundee, IL 60118 (Parcel A);
35W625 Toll Gate Road, Dundee, IL 60118 (Parcel B)
Owner: Efrain Ocampo and Manuela Ocampo
Parcel 5:
THAT PART OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 33,TOWNSHIP 42
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST 1/4;
THENCE SOUTH ALONG THE EAST LINE OF SAID SOUTHWEST 1/4 130 FEET FOR A
POINT OF BEGINNING; THENCE SOUTH ALONG SAID EAST LINE 905.98 FEET TO A
POINT 34.17 FEET NORTH OF,MEASURED ALONG SAID EAST LINE,THE NORTHERLY
RIGHT OF WAY LINE OF THE STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY;
THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 105 DEGREES
03 MINUTES, 0 SECONDS TO THE RIGHT WITH A PROLONGATION OF THE LAST
DESCRIBED COURSE, BEING PARALLEL WITH SAID NORTHERLY RIGHT AWAY
LINE 108 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT,
HAVING A RADIUS OF 409.11 FEET AND BEING TANGENT TO THE LAST DESCRIBED
COURSE AT THE 27.17 FEET;THENCE NORTHEASTERLY ALONG A RADIAL LINE FOR
THE LAST DESCRIBED CURVE, 33.0 FEET; THENCE NORTHWESTERLY ALONG A
CURVE TO THE RIGHT HAVING A RADIUS OF 376.11 FEET AND TANGENT TO A LINE
PERPENDICULAR TO THE LAST DESCRIBED COURSE, 247.44 FEET; THENCE
Page 26 of 31
NORTHWESTERLY ALONG A LINE TANGENT TO THE LAST DESCRIBED COURSE,
12.31 FEET; THENCE SOUTHWESTERLY ALONG A LINE PERPENDICULAR TO THE
LAST DESCRIBED COURSE, 33.0 FEET; THENCE NORTHWESTERLY ALONG A LINE
PERPENDICULAR TO THE LAST DESCRIBED COURSE, 112.69 FEET; THENCE
NORTHWESTERLY ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 213.80
FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE 100 FEET; THENCE
NORTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 108 DEGREES, 12
MINUTES, 0 SECONDS, MEASURED FROM THE SOUTHEAST TO NORTHEAST WITH
THE CHORD OF THE LAST DESCRIBED CURVE 508.5 FEET; THENCE
NORTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 49 DEGREES 09
MINUTES, 0 SECONDS TO THE RIGHT WITH A PROLONGATION OF THE LAST
DESCRIBED COURSE 276.45 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP
OF DUNDEE, KANE COUNTY, ILLINOIS.
EASEMENT FOR INGRESS AND EGRESS CREATED BY DEED DATED MAY 31, 1963
AND RECORDED JUNE 10, 1963 IN BOOK 2183, PAGE 261 AS DOCUMENT 1002477
MADE BY RUTH A MEADOWS AND HUSBAND TO DONALD M. SCHLEIFER AND WIFE
FOR THE BENEFIT OF PARCEL OVER THAT PART OF THE EAST 1/2 OF THE
SOUTHWEST 1/4 OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN, BEING A STRIP OF LAND 33 FEET IN WIDTH, THE
NORTHERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHEAST CORNER OF SAID SOUTHWEST 1/4; THENCE SOUTH ALONG THE EAST
LINE OF SAID SOUTHWEST 1/4 1035.98 FEET TO A POINT 34.17 FEET NORTH OF,
MEASURED ALONG SAID EAST LINE,THE NORTHERLY RIGHT OF WAY OF LINE OF
THE STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY FOR THE POINT OF
BEGINNING OF THE NORTHERLY LINE OF SAID 33 FOOT STRIP; THENCE
NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 105 DEGREES, 3
MINUTES, 0 SECONDS TO THE RIGHT WITH A PROLONGATION OF THE LAST
DESCRIBED COURSE, BEING PARALLEL WITH SAID NORTHERLY RIGHT OF WAY
LINE 108 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT,
HAVING A RADIUS OF 409.11 FEET AND BEING TANGENT TO THE LAST DESCRIBED
COURSE 296.32 FEET;THENCE NORTHWESTERLY ALONG A LINE TANGENT TO THE
LAST DESCRIBED CURVE 125 FEET; THENCE NORTHWESTERLY ALONG A CURVE
TO LEFT, HAVING A RADIUS OF 213.80 FEET AND BEING TANGENT TO THE LAST
DESCRIBED COURSE 100 FEET; BEING THE TERMINATION OF THE NORTHERLY
LINE OF A 33 FOOT STRIP, IN THE TOWNSHIP IF DUNDEE KANE COUNTY,ILLINOIS.
PIN 03-33-300-053:
Commons Address: 35W530 Toll Gate Road,Dundee, IL 60118
Owner: Ronald E. Thomas and Sabrina Thomas
Page 27 of 31
EXHIBIT B
ANNEXATION PLAT
Page 28 of 31
PNHo03-33-30D-00°
03-33-300-007 PLAT OF ANNEXATION TO THE
03-33-300-008
03-33-300-042
03-33-300-055 03-33-300-053 CITY OF ELGIN EXHIBIT B
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EXHIBIT C
PGI ORDINANCE
Page 29 of 31
EXHIBIT C
•
Ordinance No. Gxx-21
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PGI PLANNED GENERAL
INDUSTRIAL DISTRICT
(1100-1120 Toll Gate Road)
WHEREAS, the territory legally described herein (the "Subject Property") has been
annexed to the City of Elgin; and
WHEREAS,written application has been made to classify the Subject Property located at
1100-1120 Toll Gate Road PGI Planned General Industrial District; and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on October 4, 2021, following due notice including by publication; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning
Commission recommend approval of said application, subject to the conditions articulated below;
and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and
recommendations of the Community Development Department and the Planning and Zoning
Commission; and
WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS, zoning, including, but not limited to, this ordinance classifying certain
territory in the PGI Planned General 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 October 4, 2021, 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 PGI Planned General Industrial District the following
described property:
PARCEL 1
That part of the East Half of the Southwest Quarter of Section 33, Township 42 North,
Range 8 East of the Third Principal Meridian described as follows:
Commencing at a point in the East line of said Southwest Quarter that is 1035.98 feet South
of the Northeast corner thereof, being also a point 34.17 feet Northerly (measured along
the East line) from the Northerly right of way line of the State of Illinois Northwest Toll
Highway;thence Northwesterly along a line that forms an angle of 105 degrees 03 minutes
to the right with said East line, and being parallel with said Northerly right of way line, a
distance of 108.0 feet; thence Northwesterly along a curve to the right, having a radius of
409.11 feet and being tangent to the last described course,a distance of 296.32 feet;thence
Northwesterly tangent to the last described curve a distance of 125.0 feet; thence
Northwesterly along a curve to the left having a radius of 213.80 feet and being tangent to
the last described course, a distance of 100.00 feet for the place of beginning; thence
Northeasterly along a line that forms an angle of 108 degrees 12 minutes from Southeast
to Northeast with the chord of the last described curve, a distance of 508.5 feet; thence
Northeasterly 276.45 feet to a point in the East line of said Southwest Quarter that is 130.0
feet South of the Northeast corner thereof;thence Northerly along said East line 130.0 feet
to the Northeast corner of said Southwest Quarter; thence Westerly along the North line of
said Southwest Quarter a distance of 702.2 feet to a point 611.0 feet East of the Northwest
corner of the East Half of said Southwest Quarter;thence Southerly along a line that forms
a clockwise angle 86 degrees with the North line of said Southwest Quarter, a distance of
512.0 feet; thence Westerly at right angles to the last described course, a distance of 67.0
feet;thence Southerly along a line that forms a clockwise angle of 91 degrees with the last
described course, a distance of 130.0 feet;thence Easterly along a line that forms an angle
of 90 degrees 48 minutes from North to East with the last described course, a distance of
133.14 feet; thence Southeasterly along a curve to the right having a radius of 213.8 feet
and being tangent to the last described course, a distance of 118.69 feet to the place of
beginning. Being situated in Dundee Township, Kane County, Illinois. Together with a
non-exclusive right to use the easement for ingress and egress created by Declaration dated
May 17, 1963 and recorded June 3, 1963 in Book 2182, Page 247 as Document 1002043,
made by Ruth A. Meadows and husband et al, over that part of the East Half of the
Southwest Quarter of Section 33,Township 42 North, Range 8 East of the Third Principal
Meridian, being a strip of land 66 feet in width, the center line of which is described as
follows:
Southwest Quarter 1035.98 feet to a point 34.17 feet North of, measured along said East
line,the Northerly right of way line of the State of Illinois Northwest Toll Highway for the
Point of Beginning of said center line;thence Northwesterly along a line forming an angle
of 105°3' to the right with a prolongation of the last described course, being parallel with
-2 -
said Northerly right of way line, 108 feet;thence Northwesterly along a curve to the right,
having a radius of 409.11 feet and being tangent to the last described course at the last
described point 296.32 feet;thence Northwesterly along a line tangent to the last described
course at the last described point 125 feet; thence Northwesterly along a curve to the left,
having a radius of 213.80 feet and being tangent to the last described course at the last
described point 218.69 feet; thence Westerly tangent to the last described curve at the last
described point 133.74 feet for the terminus of said center line; in the Township of Dundee,
Kane County, Illinois.Also over that part of the East Half of the Southwest Quarter of said
Section 33, described as follows:
Commencing at the Northwest Corner of the East Half of said Southwest Quarter; thence
East along the North line of said Quarter 611 feet; thence Southerly along a line forming
an angle of 86° to the right with the prolongation of the last described course, 512 feet;
thence Easterly at right angles to the last described course, 83 feet for the Point of
Beginning; thence Westerly along the last described course and said course extended
Westerly 150 feet; thence Southerly along a line forming an angle of 89° to the left with
the prolongation of the last described course 97 feet; thence Easterly 150 feet to a point
103.38 feet Southerly from the Point of Beginning; thence Northerly 103.38 feet to the
Point of Beginning; in the Township of Dundee, Kane County, Illinois.
PIN: 03-33-300-042
Common Address: 35W590 Toll Gate Road,Dundee, IL 60118
PARCEL 2:
That part of the East Half of the Southwest Quarter of Section 33, Township 42 North,
Range 8 East of the Third Principal Meridian described as follows:
Commencing at the Northwest corner of the East Half of said Southwest Quarter; thence
East along the North line of said Southwest Quarter 611 feet;thence Southerly along a line
forming an angle of 86°to the right with the prolongation of the last described course 512
feet; thence Westerly at right angles to the last described course 67 feet; thence Southerly
along a line forming an angle of 89°to the left with the prolongation of the last described
course 130 feet for the Point of Beginning;thence Northerly along the last described course
and said course extended 200 feet; thence Westerly 576.56 feet to a point on the West line
of the East Half of said Southwest Quarter,465 feet South of the Northwest corner of the
East Half of said Southwest Quarter; thence South along said West line 457.35 feet to the
Northerly line of the right of way of the State of Illinois Northwest Toll Highway; thence
Southeasterly along said Northerly right of way line 275 feet; thence Northeasterly 473.3
feet to the Point of Beginning; in the Township of Dundee, Kane County, Illinois,
hereinafter for convenience referred to as"the real estate".
Together with a non-exclusive right to use the easement for ingress and egress created by
Declaration dated May 17, 1963 and recorded June 3, 1963 in Book 2182, Page 247 as
Document 1002043, made by Ruth A. Meadows and husband et al, over that part of the
- 3 -
East Half of the Southwest Quarter of Section 33,Township 42 North,Range 8 East of the
Third Principal Meridian,being a strip of land 66 feet in width,the center line of which is
described as follows:
Commencing at the Northeast Corner of said Southwest Quarter; thence South along the
East line of said Southwest Quarter 1035.98 feet to a point 34.17 feet North of,measured
along said East line, the Northerly right of way line of the State of Illinois Northwest Toll
Highway for the Point of Beginning of said center line; thence Northwesterly along a line
forming an angle of 105 degrees 3' to the right with a prolongation of the last described
course,being parallel with said Northerly right of way line, 108 feet;thence Northwesterly
along a curve to the right, having a radius of 409.11 feet and being tangent to the last
described course at the last described point 296.32 feet; thence Northwesterly along a line
tangent to the last described course at the last described point 125 feet; thence
Northwesterly along a curve to the left,having a radius of 213.80 feet and being tangent to
the last described course at the last described point 218.69 feet; thence Westerly tangent to
the last described curve at the last described point 133.74 feet for the terminus of said center
line; in the Township of Dundee, Kane County, Illinois.
Also over that part of the East Half of the Southwest Quarter of said Section 33, described
as follows:
Commencing at the Northwest Corner of the East Half of said Southwest Quarter; thence
East along the North line of said Quarter 611 feet; thence Southerly along a line forming
an angle of 86° to the right with the prolongation of the last described course, 512 feet;
thence Easterly at right angles to the last described course, 83 feet for the Point of
Beginning; thence Westerly along the last described course and said course extended
Westerly 150 feet; thence Southerly along a line forming an angle of 89° to the left with
the prolongation of the last described course 97 feet; thence Easterly 150 feet to a point
103.38 feet Southwesterly from the Point of Beginning; thence Northerly 103.38 feet to
the Point of Beginning; in the Township of Dundee,Kane County, Illinois.
PIN: 03-33-300-007
Common Address: 35W655 Toll Gate Road, Dundee, IL 60118
PARCEL 3:
THAT PART OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 33,
TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF
SAID SOUTHWEST 1/4; THENCE SOUTH ALONG THE EAST LINE OF SAID
SOUTHWEST 1/4 130 FEET FOR A POINT OF BEGINNING; THENCE SOUTH
ALONG SAID EAST LINE 905.98 FEET TO A POINT 34.17 FEET NORTH OF,
MEASURED ALONG SAID EAST LINE, THE NORTHERLY RIGHT OF WAY LINE
OF THE STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY; THENCE
NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 105 DEGREES 03
MINUTES, 0 SECONDS TO THE RIGHT WITH A PROLONGATION OF THE LAST
-4-
DESCRIBED COURSE, BEING PARALLEL WITH SAID NORTHERLY RIGHT
AWAY LINE 108 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE
RIGHT, HAVING A RADIUS OF 409.11 FEET AND BEING TANGENT TO THE
LAST DESCRIBED COURSE AT THE 27.17 FEET; THENCE NORTHEASTERLY
ALONG A RADIAL LINE FOR THE LAST DESCRIBED CURVE, 33.0 FEET;
THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A
RADIUS OF 376.11 FEET AND TANGENT TO A LINE PERPENDICULAR TO THE
LAST DESCRIBED COURSE, 247.44 FEET; THENCE NORTHWESTERLY ALONG
A LINE TANGENT TO THE LAST DESCRIBED COURSE, 12.31 FEET; THENCE
SOUTHWESTERLY ALONG A LINE PERPENDICULAR TO THE LAST
DESCRIBED COURSE, 33.0 FEET; THENCE NORTHWESTERLY ALONG A LINE
PERPENDICULAR TO THE LAST DESCRIBED COURSE, 112.69 FEET; THENCE
NORTHWESTERLY ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF
213.80 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE 100
FEET;THENCE NORTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 108
DEGREES, 12 MINUTES, 0 SECONDS, MEASURED FROM THE SOUTHEAST TO
NORTHEAST WITH THE CHORD OF THE LAST DESCRIBED CURVE 508.5 FEET;
THENCE NORTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 49
DEGREES 09 MINUTES, 0 SECONDS TO THE RIGHT WITH A PROLONGATION
OF THE LAST DESCRIBED COURSE 276.45 FEET TO THE POINT OF BEGINNING,
IN THE TOWNSHIP OF DUNDEE,KANE COUNTY, ILLINOIS.
EASEMENT FOR INGRESS AND EGRESS CREATED BY DEED DATED MAY 31,
1963 AND RECORDED JUNE 10, 1963 IN BOOK 2183, PAGE 261 AS DOCUMENT
1002477 MADE BY RUTH A MEADOWS AND HUSBAND TO DONALD M.
SCHLEIFER AND WIFE FOR THE BENEFIT OF PARCEL OVER THAT PART OF
THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 33,TOWNSHIP 42 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,BEING A STRIP OF LAND
33 FEET IN WIDTH, THE NORTHERLY LINE OF WHICH IS DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID
SOUTHWEST 1/4; THENCE SOUTH ALONG THE EAST LINE OF SAID
SOUTHWEST 1/4 1035.98 FEET TO A POINT 34.17 FEET NORTH OF, MEASURED
ALONG SAID EAST LINE, THE NORTHERLY RIGHT OF WAY OF LINE OF THE
STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY FOR THE POINT OF
BEGINNING OF THE NORTHERLY LINE OF SAID 33 FOOT STRIP; THENCE
NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 105 DEGREES, 3
MINUTES, 0 SECONDS TO THE RIGHT WITH A PROLONGATION OF THE LAST
DESCRIBED COURSE, BEING PARALLEL WITH SAID NORTHERLY RIGHT OF
WAY LINE 108 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE
RIGHT, HAVING A RADIUS OF 409.11 FEET AND BEING TANGENT TO THE
LAST DESCRIBED COURSE 296.32 FEET; THENCE NORTHWESTERLY ALONG
A LINE TANGENT TO THE LAST DESCRIBED CURVE 125 FEET; THENCE
NORTHWESTERLY ALONG A CURVE TO LEFT, HAVING A RADIUS OF 213.80
FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE 100 FEET;
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BEING THE TERMINATION OF THE NORTHERLY LINE OF A 33 FOOT STRIP, IN
THE TOWNSHIP IF DUNDEE KANE COUNTY, ILLINOIS.
PIN: 03-33-300-053
Commons Address: 35W530 Toll Gate Road, Dundee, IL 60118
PARCEL 4:
That part of the East %2 of the Southwest % of Section 33, Township 42 North, Range 8
East of the Third Principal Meridian described as follows:
Beginning at the Northwest corner of the East 1/2 of the Southwest '/ of said Section 33;
thence East along the North line of said Southwest % 611 feet;thence South 4 degrees East
512 feet; thence South 86 degrees West 67 feet; thence North 3 degrees West 70 feet;
thence South 88 degrees 09 minutes West 577.57 feet to the West line of the East%2 of the
Southwest 'A of said Section 33; thence North along said West line 465 feet to the point of
beginning, in the Township of Dundee, Kane County, Illinois.
Easement for Ingress and Egress created by Agreement dated May 17, 1963 and recorded
June 3, 1963 as Document 1002043, made by Ruth A. Meadows and others for benefit of
Parcel One and over easement area described in said Document 1002043.
PIN: 03-33-300-006
Common Address: 35W660 Toll Gate Road, Dundee, IL 60118
PARCEL 5:
Parcel A:
PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 33,
TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF SAID
SOUTHWEST QUARTER; THENCE EASTERLY ALONG THE NORTH LINE OF
SAID SOUTHWEST QUARTER A DISTANCE OF 611.0 FEET; THENCE
SOUTHERLY ALONG A LINE THAT FORMS AN ANGLE OF 86 DEGREES 00
MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST
DESCRIBED COURSE, A DISTANCE OF 512.0 FEET; THENCE WESTERLY AT
RIGHT ANGLES TO THE LAST DESCRIBED COURSE A DISTANCE OF 67.0 FEET;
THENCE SOUTHERLY ALONG A LINE THAT FORMS AN ANGLE OF 89
DEGREES 00 MINUTES TO THE LEFT WITH THE PROLONGATION OF THE LAST
DESCRIBED COURSE,A DISTANCE OF 130.0 FEET;THENCE SOUTHWESTERLY
9.3 FEET FOR THE PLACE OF BEGINNING, SAID 9.3 FEET BEING MEASURED
ALONG A LINE THAT IF EXTENDED WOULD INTERSECT THE NORTHERLY
RIGHT OF WAY LINE OF THE NORTHWEST TOLL HIGHWAY AT A POINT 275.0
FEET EASTERLY OF THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST
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QUARTER (SAID 275.0 FEET BEING MEASURED ALONG SAID NORTHERLY
RIGHT OF WAY LINE); THENCE CONTINUING SOUTHWESTERLY ALONG THE
LAST DESCRIBED COURSE EXTENDED, A DISTANCE OF 464.0 FEET TO THE
POINT IN SAID NORTHERLY RIGHT OF WAY LINE THAT IS 275.0 FEET
EASTERLY OF THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST
QUARTER; THENCE SOUTH EASTERLY ALONG SAID NORTHERLY RIGHT OF
WAY LINE A DISTANCE OF 188.25 FEET TO AN ANGLE IN SAID NORTHERLY
RIGHT OF WAY LINE, THENCE SOUTHEASTERLY ALONG SAID NORTHERLY
RIGHT OF WAY LINE A DISTANCE OF 136.67 FEET,THENCE NORTHERLY 411.6
FEET TO THE PLACE OF BEGINNING, AND BEING SITUATED IN DUNDEE
TOWNSHIP, KANE COUNTY, ILLINOIS.
AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 25.0 FEET
IN WIDTH LYING EASTERLY AND ADJOINING THE PROPERTY HEREIN
ABOVE DESCRIBED IN PARCEL 1. AN EASEMENT FOR ROAD PURPOSES
DESCRIBED AS FOLLOWS: PART OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN, BEING A STRIP OF LAND 66.0 FEET WIDE, THE
CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHEAST CORNER OF SAID SOUTHWEST QUARTER;THENCE SOUTHERLY
ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF
1035.98 FEET TO A POINT IN SAID EAST LINE THAT IS 34.17 FEET NORTHERLY
(MEASURED ALONG SAID EAST LINE) FROM THE NORTHERLY RIGHT OF
WAY LINE OF THE STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY FOR
THE PLACE OF BEGINNING FOR THE CENTER LINE OF SAID 66.0 FOOT WIDE
STRIP OF LAND;THENCE NORTHWESTERLY ALONG A LINE THAT FORMS AN
ANGLE OF 105 DEGREES 03 MINUTES TO THE RIGHT WITH THE
PROLONGATION OF THE LAST DESCRIBED COURSE AND BEING PARALLEL
WITH SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF 108.0 FEET;
THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT, HAVING A
RADIUS OF 409.11 FEET AND BEING TANGENT TO THE LAST DESCRIBED
COURSE,A DISTANCE OF 296.32 FEET;THENCE NORTHWESTERLY TANGENT
TO THE LAST DESCRIBED CURVE, A DISTANCE OF 125.0 FEET; THENCE
NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF
213.80 FEET AND BEING TANGENT TO THE LAST DESCRIBED CURVE A
DISTANCE OF 218.69 FEET; THENCE, WESTERLY TANGENT TO LAST
DESCRIBED CURVE A DISTANCE OF 133.74 FEET FOR THE TERMINUS OF THE
CENTER LINE OF SAID 66.0 FOOT WIDE EASEMENT.ALSO A PARCEL OF LAND
TO BE DESCRIBED AS AN EASEMENT FOR A PRIVATE ROAD AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF SAID
SOUTHWEST QUARTER; THENCE EASTERLY ALONG THE NORTH LINE OF
SAID SOUTHWEST QUARTER A DISTANCE OF 611.0 FEET; THENCE
SOUTHERLY ALONG A LINE THAT FORMS AN ANGLE OF 86 DEGREES 00
MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST
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DESCRIBED COURSE A DISTANCE OF 512.0 FEET; THENCE EASTERLY AT
RIGHT ANGLES TO THE LAST DESCRIBED COURSE A DISTANCE OF 83.0 FEET
FOR THE PLACE OF BEGINNING; THENCE WESTERLY ALONG THE LAST
DESCRIBED COURSE AND ALONG THE LAST DESCRIBED COURSE
EXTENDED,A DISTANCE OF 150.0 FEET;THENCE SOUTHERLY ALONG A LINE
THAT FORMS AN ANGLE OF 89 DEGREES 00 MINUTES TO THE LEFT WITH THE
PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE OF 97.0
FEET;THENCE EASTERLY 150.0 FEET TO A POINT 103.38 FEET SOUTHERLY OF
THE PLACE OF BEGINNING;THENCE NORTHERLY 103.38 FEET TO THE PLACE
OF BEGINNING. ALL THE ABOVE BEING SITUATED IN DUNDEE TOWNSHIP,
KANE COUNTY, ILLINOIS.
Parcel B:
THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION
33, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST
CORNER OF SAID EAST HALF; THENCE EASTERLY ALONG THE NORTH LINE
OF SAID SOUTHWEST QUARTER 611.0 FEET; THENCE SOUTHWESTERLY
ALONG A LINE THAT FORMS AN ANGLE 86 DEGREES 00 MINUTES TO THE
RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 512.0
FEET, THENCE WESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED
COURSE, 67.0 FEET; THENCE SOUTHERLY ALONG A LINE THAT FORMS AN
ANGLE OF 89 DEGREES 00 MINUTES TO THE LEFT WITH THE PROLONGATION
OF THE LAST DESCRIBED COURSE, 130.0 FEET FOR THE POINT OF
BEGINNING; THENCE SOUTHWESTERLY 9.3 FEET ALONG A LINE THAT, IF
EXTENDED, WOULD INTERSECT THE NORTHERLY RIGHT OF WAY OF THE
NORTHWEST TOLL HIGHWAY AT A POINT 275.0 FEET EASTERLY OF THE
WEST LINE OF SAID EAST HALF (SAID 275 FEET BEING MEASURED ALONG
SAID NORTHERLY RIGHT OF WAY LINE); THENCE SOUTHEASTERLY ALONG
SAID NORTHERLY RIGHT OF WAY LINE 465.07 FEET TO AN ANGLE IN SAID
NORTHERLY RIGHT OF WAY LINE; THENCE SOUTHEASTERLY ALONG SAID
NORTHERLY RIGHT OF WAY LINE, 101.17 FEET TO A JOG IN SAID
NORTHERLY RIGHT OF WAY LINE; HENCE NORTHEASTERLY ALONG THE
JOG IN SAID NORTHERLY RIGHT OF WAY LINE, 138.62 FEET; THENCE
SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE, 144.55
FEET TO THE EAST LINE OF SAID SOUTHWEST QUARTER; THENCE
NORTHERLY ALONG SAID EAST LINE, 34.17 FEET; THENCE
NORTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 74 DEGREES
57 MINUTES TO THE LEFT WITH THE PROLONGATION OF THE LAST
DESCRIBED COURSE AND PARALLEL WITH THE NORTHERLY RIGHT OF WAY
OF THE NORTHWEST TOLL HIGHWAY 108.0 FEET;THENCE NORTHWESTERLY
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 409.11 FEET AND
BEING TANGENT TO THE LAST DESCRIBED COURSE, 27.17 FEET; THENCE
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NORTHEASTERLY ALONG A RADIAL LINE FOR THE LAST DESCRIBED CURVE
33.0 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 376.11 FEET AND TANGENT TO A LINE
PERPENDICULAR TO THE LAST DESCRIBED COURSE, 247.44 FEET; THENCE
NORTHWESTERLY ALONG A LINE TANGENT TO THE LAST DESCRIBED
CURVE, 12.31 FEET; THENCE SOUTHWESTERLY ALONG A LINE
PERPENDICULAR TO THE LAST DESCRIBED COURSE, 33.0 FEET; THENCE
NORTHWESTERLY ALONG A LINE PERPENDICULAR TO THE LAST
DESCRIBED COURSE, 112.69 FEET; THENCE NORTHWESTERLY ALONG A
CURVE TO THE LEFT HAVING A RADIUS OF 213.8 FEET AND TANGENT TO
THE LAST DESCRIBED COURSE, 218.69 FEET; THENCE WESTERLY 133.14 FEE
TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF DUNDEE, KANE
COUNTY, ILLINOIS. TOGETHER WITH AN NON-EXCLUSIVE RIGHT TO USE
THE EASEMENT FOR INGRESS AND EGRESS CREATED BY DECLARATION
DATED MAY 17, 1963 AND RECORDED JUNE 3, 1963 IN BOOK 2182, PAGE 247
AS DOCUMENT 1002043(1963 EASEMENT),MADE BY RUTH A.MEADOWS AND
HUSBAND ET AL,OVER THAT PART OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE
THIRD PRINCIPLE MERIDIAN, BEING A STRIP OF LAND 66 FEET IN WIDTH,
THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH
ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 1035.98 FEET TO A
POINT 34.17 FEET NORTH OF MEASURED ALONG SAID EAST LINE, THE
NORTHERLY RIGHT OF WAY LINE OF THE STATE OF ILLINOIS NORTHWEST
TOLL HIGHWAY TO THE POINT OF BEGINNING OF SAID CENTER LINE;
THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 105
DEGREES 3 MINUTES TO THE RIGHT WITH A PROLONGATION OF THE LAST
DESCRIBED COURSE, BEING PARALLEL WITH SAID NORTHERLY RIGHT OF
WAY LINE, 108 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE
RIGHT, HAVING A RADIUS OF 409.11 FEET AND BEING TANGENT TO THE
LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT 296.32 FEET;
THENCE NORTHWESTERLY ALONG A LINE TANGENT TO THE LAST
TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED
POINT 125 FEET, THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT,
HAVING A RADIUS OF 213.80 FEET AND BEING TANGENT TO THE LAST
DESCRIBED COURSE AT THE LAST DESCRIBED POINT 219.69 FEET; THENCE
WESTERLY TANGENT TO THE LAST DESCRIBED CURVE A THE LAST
DESCRIBED POINT 133.74 FEET FOR THE TERMINUS OF SAID CENTER LINE,
IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. ALSO OVER THAT
PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION
33, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER
OF THE EAST HALF OF THE SOUTHWEST QUARTER; THENCE EAST ALONG
THE NORTH LINE OF SAID QUARTER 611 FEET;THENCE SOUTHERLY ALONG
A LINE FORMING AN ANGLE OF 86 DEGREES TO THE RIGHT WITH THE
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PROLONGATION OF THE LAST DESCRIBED COURSE, 512 FEET; THENCE
EASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 93 FEET
FOR THE POINT OF BEGINNING; THENCE WESTERLY ALONG THE LAST
DESCRIBED COURSE AND SAID COURSE EXTENDED WESTERLY, 150 FEET;
THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES
TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE
97 FEET; THENCE EASTERLY 150 FEET TO A POINT 103.38 FEET SOUTHERLY
FORM THE POINT OF BEGINNING; THENCE NORTHERLY 103.38 FEET TO THE
POINT OF BEGINNING, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY,
ILLINOIS.
PIN: 03-33-300-008 (Parcel A) and 03-33-300-055 (Parcel B)
Common Address: 35W645 Toll Gate Road, Dundee, IL 60118 (Parcel A); 35W625 Toll
Gate Road, Dundee, IL 60118 (Parcel B)
(all commonly known as 1100-1120 Toll Gate Road in the City of Elgin)
Section 3. That the City Council of the City of Elgin hereby classifies the subject property
in the PGI Planned General Industrial District, which shall be designed, developed, and operated
subject to the following provisions:
A. Purpose and Intent. The purpose of the PGI Planned General Industrial District
is to provide commodities and services to several neighborhoods, and in some
instances to a communitywide or regional supporting population, subject to the
provisions of Chapter 19.60"Planned Developments"of the Elgin Municipal Code,
as amended. A PGI zoning district is most similar to,but departs from the standard
requirements of the GI 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 PGI Planned General 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.
D. Zoning Districts; Generally. In this PGI Planned General 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.
E. Location and Size of District. PGI Planned General Industrial Districts should be
located in substantial conformance to the official comprehensive plan. The amount
- 10 -
of land necessary to constitute a separate PGI Planned General Industrial 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 PGI Planned General 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. The following
enumerated "land uses" [SR] shall be the only land uses allowed as a "permitted
use" [SR] or as a "conditional use" [SR] in this PGI Planned General Industrial
District.
1. Permitted Uses. Those land uses enumerated as permitted uses within the GI
General Industrial District, Section 19.40.330 A., Land Use, of the Elgin
Municipal Code, as it may be amended from time to time.
2. Conditional Uses. Those land uses enumerated as conditional uses within the
GI General Industrial District, Section 19.40.330 B., Land Use, of the Elgin
Municipal Code, as it may be amended from time to time.
3. Similar Uses.Those land uses enumerated as similar uses within the GI General
Industrial District, Section 19.40.330 C., Land Use, of the Elgin Municipal
Code, as it may be amended from time to time.
G. Site Design. In this PGI Planned General 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, Section 19.40.335
"Site Design" for GI General Industrial District, of the Elgin Municipal Code, as
amended, except as provided within this section, and shall be in substantial
conformance with the following documents:
1. Substantial conformance to the Development Application submitted by AG-HS
Development Portfolio Subsidiary, L.L.C., a Delaware limited liability
company,as applicant,and Elaine A.Booras,Andrea Macias and Jacob Dohm,
Ronald E. Thomas and Sabrina Thomas, Toshie Korzeniowski, and Efrain
Ocampo and Manuela Ocampo, as property owners, received August 27,2021,
and supporting documents including:
a. Undated Rider Statement of Purpose and Conformance Map Amendment
for Planned Development District(over 2 acres),received August 22,2021;
b. ALTA/NSPS Land Title Survey, prepared by Haeger Engineering, dated
July 2, 2021;
c. Plat of Annexation to the City of Elgin, prepared by Haeger Engineering,
dated September 13, 2021, with such further revisions as required by the
- 11 -
City Engineer;
d. Final Plat of Subdivision of High Street Toll Gate, prepared by Haeger
Engineering,dated August 20,2021,with such further revisions as required
by the City Engineer;
e. Landscape plans, including sheets L1.0, L1.1, and L2.0, L2.1, L2.2, and
L2.3, prepared by Haeger Engineering, dated September 30, 2021, with
such further revisions as required by the Community Development
Director;
f. Architectural plans for Building 1, including Sheets A.101, A.201, A.202,
prepared by Atlas Collaborative,dated received August 22,2021,with such
further revisions as required by the Community Development Director;
g. Building 1 Elevations in color, prepared by Atlas Collaborative, dated
September 28, 2021, with such further revisions as required by the
Community Development Director;
h. Architectural plans for Building 2, including Sheets A.101, A.201, A.202,
prepared by Atlas Collaborative,dated received August 22,2021,with such
further revisions as required by the Community Development Director;
i. Building 2 Elevations in color, prepared by Atlas Collaborative, dated
September 28, 2021, with such further revisions as required by the
Community Development Director;
j. Site Lighting and Photometric Plan, Sheet LP-1, prepared by Haeger
Engineering, dated September 30, 2021, with such further revisions as
required by the Community Development Director;
k. Undated 14-page tree survey data table titled: Attachment 1 — Data Table
Elgin Logistics Tree Inspection", prepared by Davey Resource Group,
received August 22, 2021; and
1. Final engineering plans titled: "High Street Logistics Industrial
Development1100-1120 Toll Gate Road, Section 33 Township 42 North
Range 8 East Unincorporated Kane County, Illinois", prepared by Haeger
Engineering, dated September 30, 2021, with such further revisions as
required by the City Engineer.
In the event of any conflict between such documents and the terms of this
ordinance or other applicable city ordinances, the terms of this ordinance or
other applicable city ordinances shall supersede and control.
2. A departure is hereby granted to construct the extension of Toll Gate Road
within a 60-foot wide right-of-way dedicated to the City of Elgin.
3. A departure is hereby granted to allow the construction of Toll Gate Road
extension improvements along the frontage of the subject property with the
construction of a public sidewalk only along the north side of Toll Gate Road.
4. A departure is herebygranted to construct the proposed Building1 with a
eP P p
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minimum 8-foot building street yard setback and the proposed Building 2 with
a minimum 25-foot building street yard setback.
5. A departure is hereby granted to construct the vehicle use areas on the proposed
Lot 1 and Lot 2 with no minimum vehicle use area interior yard setback from
the shared interior lot line between Lot 1 and Lot 2. The vehicle use areas on
both Lot 1 and Lot 2 shall have a minimum 4-foot vehicle use area interior yard
setback from the north property lines of Lot 1 and Lot 2.
6. A departure is hereby granted to construct a six-foot high open-design fence in
the street yard along Toll Gate Road in substantial conformance with the
following documents:
a. Geometry, Paving, And Striping Plan (Overall), Sheet C5.0, prepared by
Haeger Engineering,dated September 30,2021,with such further revisions
as required by the Community Development Director;
7. Compliance with all applicable codes and ordinances.
H. Off Street Parking. In this PGI Planned General 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, except as provided within this section, and
shall be in substantial conformance with the following:
1. A departure is hereby granted to construct the proposed 247,800-square foot
building on Lot 2 of Final Plat of Subdivision of High Street Toll Gate with the
minimum of 93 parking spaces for passenger vehicles on Lot 2 of said
subdivision.
Off Street Loading. In this PGI Planned General 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 PGI Planned General Industrial District, signs shall be subject to the
provisions of 19.50"Street Graphics",of the Elgin Municipal Code,as amended.
K. Nonconforming Uses and Structures. In this PGI Planned General 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 PGI Planned General Industrial District, text and map
amendments shall be subject to the provisions of Chapter 19.55 "Amendments"of
the Elgin Municipal Code, as amended
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M. Planned Developments. In this PGI Planned General 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 PGI zoning district.
N. Conditional Uses. In this PGI Planned General 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 PGI zoning district.
O. Variations. In this PGI Planned General 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 PGI
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.
Q. Kane County Historic Landmark Designation. The designation of parcel 2
commonly known as 35W655 Toll Gate Road,as a Kane County historic landmark,
including,but not limited to,pursuant to Kane County Ordinance 96-262 shall not
apply to parcel 2 or the Subject Property.
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:
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Kimberly A. Dewis, City Clerk
F:\Legal Dept\Ordinances\Zoning Ordinances\O-Classify-PGI-1100-1120 Toll Gate Rd-Clean 11-9-21.docx
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EXHIBIT D
FINAL PLAT
Final Plat of Subdivision of High Street Toll Gate in Elgin,prepared by Haeger Engineering,dated
August 20,2021
Page 30 of 31
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EXHIBIT E
STIPULATED IMPACT FEES
Page 31 of 31
ANNEXATION AGREEMENT EXHIBIT E:
CALCUATION OF CITY IMPACT FEES AND CONTRIBUTIONS
November 9, 2021
Project Name or Address: 1100-1200 Toll Gate Road
Year: 2021
School District(46, 301, or 300): 300
Public Safety Sub-Area: Other
Sewer Recapture Area: N/A
Water System Number of Charge
Capital Connection Fees (§ 17.04.050) Services Per Service Total Charge
Number of 1" or Smaller Water Services: 0 $1,300 $0
Number of 1.25"Water Services: 0 $2,030 $0
Number of 1.5"Water Services: 0 $2,910 $0
Number of 2"Water Services: 0 $5,160 $0
Number of 2 1/2"Water Services: 2 $9,040 $18,080
Number of 4"Water Services: 0 $20,680 $0
Number of Water Services Larger than 4": 0 $25,000 $0
Fire Suppression Service: 2 $1,300 $2,600
Subtotal: 4 $20,680
FEE CATEGORY REVENUE CODE ALLOCATION
Park Capital: 340-0000-605.28-51 $0.00
Park Land: 340-0000-605.14-51 $0.00
Library: 010-0000-237.12-00 $0.00
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 $0.00
Sewer Recapture (Tyler Creek/Big Timber): 440-0000-605.15-01 $0.00
Water System Capital Connection Fee: 420-0000-605.29-00 $20,680.00
TOTAL: $20,680.00
OTHER
None.