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HomeMy WebLinkAbout22-143 Resolution No. 22-143 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH SCANNELL PROPERTIES #422, LLC, AN INDIANA LIMITED LIABILITY COMPANY (Randall Road and Higgins Road, Elgin, Illinois) WHEREAS, the owners of record of certain territory described in Exhibit A, attached hereto and made a part hereof by reference,desire annexation of said territory to the City of Elgin; and WHEREAS, said territory is not a part of any other municipality and is contiguous to the City of Elgin; and WHEREAS, no electors reside on the subject territory; and WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory upon certain terms and conditions; and WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a public hearing has been held after due notice as required by law and all persons appearing and wishing to testify concerning the proposed annexation agreement have been heard; and WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin that it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute on behalf of the City of Elgin an annexation agreement in the form attached hereto as Exhibit A and incorporated herein by reference. Section 2. That this resolution shall be effective from and after its passage as provided by law. s/David J. Kaptain David J. Kaptain, Mayor Presented: August 10, 2022 Passed: August 10, 2022 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: August 10, 2022 Published: August 10, 2022 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk ANNEXATION AGREEMENT SCANNELL BUSINESS PARK Randall Road and Higgins Road,Elgin, IL THIS AGREEMENT made and entered into this loth day of August , 2022,by and between the City of Elgin,Illinois,a municipal corporation of the Counties of Cook and Kane, in the State of Illinois (hereinafter referred to as the "City"), and Scannell Properties#422, LLC, an Indiana limited liability company(hereinafter referred to as the"Owner"or the"Developer"). The City, the Developer and the Owner are also sometimes hereinafter individually referred to as a"Party"or collectively as the"Parties". WHEREAS, Owner is the owner of record of the real property described as "Tract 1" on Exhibit A,which is attached hereto and made a part hereof(which real property,for convenience, is hereafter referred to as "Tract 1") and which Tract 1 is not within the corporate limits of any municipality but is contiguous to the corporate limits of the City of Elgin; and WHEREAS, Owner is the owner of record of the real property described as "Tract 2" on Exhibit A,which is attached hereto and made a part hereof(which real property, for convenience, is hereafter referred to as "Tract 2") and which Tract 2 is already within the corporate limits of the City of Elgin; and WHEREAS, Tract 1 and Tract 2 are sometimes hereinafter collectively referred to as the "Subject Property"; and WHEREAS,the most efficient and effective development of Tract 1 will be accomplished if it is developed in coordination with Tract 2; and WHEREAS, Owner and Developer, after full consideration, each recognizes the many advantages and benefits resulting from the annexation of Tract 1 to the City, and its coordinated development with Tract 2; and WHEREAS,Tract 1 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, Tract 1 is located within the Rutland Dundee Fire Protection District, and whereas each of the Trustees of said District was notified in writing by certified or registered mail at least ten(10)days in advance of any action taken with respect to the annexation of Tract 1, and whereas an affidavit that service of the said notice had been provided has been filed with the County Recorder; and WHEREAS,Tract 1 is located within Dundee Township,but because there is no highway adjacent to Tract 1 that is under the jurisdiction of the said township,no notice was required to be given to the Township Commissioner of Highways or any of the Trustees of said Township; and Page 1 of 26 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 Tract 1 to the City and the subsequent coordinated development of Tract 1 and Tract 2(i.e.,the entire Subject Property)in a coordinated manner and 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 5111-15.1.1 et seq.), and in the exercise of the home rule power of the City. 2. The Corporate Authorities, within thirty (30) days following (i) the execution of this Agreement, (ii) the filing of Developer's Petition for Annexation in form and substance as required by law, and (iii) receipt of a certified copy of the ordinance annexing the Tract 1 to the Fox River Water Reclamation District (FRWRD) shall pass an ordinance ("Annexation Ordinance") annexing the Tract 1 to the City. The plat of annexation to be affixed to the Annexation Ordinance shall be in the form of Exhibit B attached hereto (the "Map of Territory to be Annexed") and made a part hereof, and shall be promptly recorded in the office of the Recorder of Deeds of Kane County,Illinois. 3. A.Immediately after the passage of the ordinance annexing the Tract 1,as provided in paragraph 2 hereof, the Corporate Authorities shall pass or adopt an ordinance zoning the Subject Property in the PORI-Planned Office, Research, Industrial District in the form attached hereto as Exhibit C (the "PORI Ordinance"). For the avoidance of doubt, in authorizing the approval of the PORI Ordinance, the corporate authorities do expressly approve all of the development plans,plats and other materials as defined in Section 3G of the PORI Ordinance.The City agrees that it shall not unduly delay its subsequent approval of a final plat of subdivision that substantially conforms to the Preliminary Plat as defined in the PORI Ordinance,with such further revisions as approved or required by the City Engineer(the"Final Plat"). 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. Page 2 of 26 C. The Subject Property shall be developed in substantial conformance with the development plan(s) and plat(s) defined in Section 3G of the PORI Ordinance. Notwithstanding the foregoing, the City and the Developer agree that the following changes may be approved by the City's Development Administrator as "minor amendments" pursuant to Section 19.60.200 of the Elgin Municipal Code, 1976 (an in addition to the changes enumerated in said Code section), each and all without public hearings and without formal amendment to this Agreement or the underlying PORI Ordinance: (i) Reasonable modifications to the final engineering plans on which the Final Plat will be based (the "Final Engineering Plans") to solve engineering, layout and/or design problems not reasonably foreseeable at the time of the execution of this Agreement, provided that such changes are in substantial conformance with the approved Final Engineering Plans and are approved by the City's engineer; (ii) The size and configuration of the single buildings shown on the Site Plan approved as part of the PORI Ordinance may be changed by way of reduction in size or division to the extent that the Developer determines such changes are necessary to meet market demand; and (iii) Changes may be made to the architectural design and associated landscaping of any of the three buildings depicted on the architectural renderings approved as part of the PORI Ordinance,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 and shall be subject to the approval of the City's Community Development Director. (iv) For the avoidance of doubt,the multiple buildings depicted and approved as part of the development plan(s) and plat(s) defined in Section 3G of the PORI ordinance may be built in phases,and each such building shall be separately issued certificates of occupancy by the City when and as such building qualifies for same. In any building containing multiple tenant spaces, each tenant space shall be issued a separate certificate of occupancy when it qualifies for same even as the other tenant spaces in the same building may remain incomplete and therefore ineligible for such a certificate. 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 conditions of this Agreement. Page 3 of 26 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. As part of the development of the Subject Property,the City hereby agrees to those additional terms and departures as set forth in the PORI Ordinance attached hereto as Exhibit C. The City also agrees that the southernmost parcel of the Subject Property, specifically that parcel identified by Kane County tax parcel 03-19-400-021, (Tract 2) is exempt from the June 1, 2019, Kane County Stormwater Ordinance revisions(the"Site Specific Development Terms"). 4. Developer represents that, prior to the date of this Agreement, Developer has petitioned the Fox River Water Reclamation District("FRWRD")to Annex the Subject Property (or only Tract 1 thereof if Tract 2 has already been annexed)to FRWRD and the City has received from FRWRD a certified copy of FRWRD's ordinance of annexation#944 passed May 18, 2022, evidencing same. 5. A. Owner and Developer shall comply with the Elgin Municipal Code Title 17— Development Impact Fees,as amended,and shall also pay the recaptures, which the Parties agree shall be those fees and recaptures as set forth and calculated on Exhibit E 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 Page 4 of 26 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. 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. C. The City represents that except as set forth on Exhibit E. there are no recapture fees that will become payable by the Developer to the City or collectible by the City for the benefit of third parties as a result of its development of the Subject Property as herein provided. 6. It is the intention of the Parties that the City's right-of-way known as Busse Parkway be further extended and improved easterly(the"Busse Parkway Extension")as shown on the plans for the Busse Parkway extension prepared by Manhard Consulting Limited dated February 18, 2022, and last revised on June 10, 2022 with such further revisions as required by the City Engineer (the "Busse Parkway Extension Plans"). The offsite portion of the Busse Parkway Extension located westerly of the Subject Property is hereinafter referred to as the "Offsite Portion of the Busse Parkway Extension". With respect to said Busse Parkway Extension it is further agreed as follows: A. Owner shall dedicate to the City,at no cost, the land necessary for the portions of the Busse Parkway Extension situated within the Subject Property. B. The Owner shall procure, at its initial expense, the additional right of way and easements necessary for the Offsite Portion of the Busse Parkway Extension pursuant to and as depicted in the Plat of Dedication and Easement Grant for Busse Parkway Extension prepared by Manhard Consulting,Ltd.,dated November 19,2019,last revised,July 20,2022, attached hereto as Exhibit F, and the Plat of Easement for 2601 Galvin Drive prepared by Manhard Consulting, Ltd., dated November 5, 2019, last revised July 20, 2022, attached hereto as Exhibit G. Upon Owner submitting to the City the fully executed original Plat of Dedication and Easement Grant for Busse Parkway Extension and the Plat of Easement for 2601 Galvin Road,the City agrees to reimburse to the Owner the costs for such property and easement acquisitions in the total amount not to exceed $100,000 upon Owner providing the City written evidence of the costs for such acquisitions. The City shall provide such reimbursement to the Owner in the form of credits against building permit fees otherwise due and payable by Developer in connection with the development of the Subject Property at the time of the issuance of such building permits and contingent upon Developer commencing and completing the development of the Subject Property and the construction of the Busse Parkway Extension as provided in this Agreement. Page 5 of 26 C. The Developer shall, at its initial sole cost and expense, construct the Busse Parkway Extension, including, but not limited to, the Offsite Portion of the Busse Parkway Extension pursuant to the plans therefore approved by the City, and shall complete same within one year following the date of this Agreement, subject to reasonable extension for delays caused by force majeure contingent. Upon the Developer completing the construction of the Busse Parkway Extension and the acceptance thereof by the City, the City agrees to reimburse the Developer for the actual costs for the construction of the Offsite Portion of the Busse Parkway Extension in the total amount not to exceed $354,380. The Engineer's opinion of probable cost for the Offsite Busse Parkway Improvement Costs prepared by Manhard Consulting dated July 19, 2022, is attached hereto as Exhibit H. The City's agreement to reimburse the Developer for the actual costs for the construction of the Offsite Portion of the Busse Parkway Extension is limited to the total amount not to exceed $354,380 consisting of the Schedule I Excavation and Grading Improvements in the total amount not to exceed$198,397.50 and the Schedule III Offsite Roadway Improvements in the total amount not to exceed $155,982.50 ("Eligible Offsite Roadway Reimbursement Costs"). The City agrees to initially reimburse to the Developer the Eligible Offsite Roadway Reimbursement Costs for the construction of the Offsite Portion of the Busse Parkway Extension in the form of credits against building permit fees otherwise due and payable by Developer in connection with the development of the Subject Property at the time of the issuance of such building permits in the total amount of $354,380, and contingent upon Developer commencing and completing the development of the Subject Property and the construction of the Busse Parkway Extension as provided in this Agreement. Upon the Developer completing the construction of the Busse Parkway Extension, including, but not limited to, the Offsite Portion of the Busse Parkway Extension, the Developer shall submit to the City written evidence of the actual costs for the construction of the Offsite Portion of the Busse Parkway Extension. In the event the actual Eligible Offsite Roadway Reimbursement Costs for the Offsite Roadway Improvements are less than the building permit credits provided to the Developer in the amount of$354,380, the Developer shall pay to the City the building permit fees which were credited in an excess of the actual Eligible Offsite Roadway Reimbursement Costs for the construction of the Offsite Portion of the Busse Parkway Extension. D. For the avoidance of doubt, it is expressly agreed that the Owner/Developer shall not be required to cause Busse Parkway to intersect with Randall Road and that if the City elects to do so in the future, the City shall do so at the City's expense, without charge or recapture against the Subject Property or the Owner/Developer. 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 final plat of the applicable phase of Subject Property as Owner may determine. Page 6 of 26 8. Except for the departures/variations approved by the City under the terms of this Agreement and / or the PORI Ordinance, 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 recorded against the Subject Property prior to the date of this Agreement(or which notice of have been provided), and with payment of all applicable fees. At Developer's expense, City agrees to cooperate with Developer in obtaining all necessary Illinois Environmental Protection Agency (IEPA) permits required for such sanitary sewer systems and tie-ins. Developer shall bear all costs for extensions,tie-ins,and permits consistent with applicable City ordinances. Developer shall be responsible for the extension of sewer lines to the far edges of the Subject Property subject to review and approval by the City Engineer. Developer shall install sewer line extension improvements on the Subject Property in compliance with the Final Engineering Plan approved by the City Engineer for each phase of the development. It is further expressly agreed that the City will allow the Developer to connect the sanitary sewer system that it constructs as part of the development of the Subject Property to the existing terminus of the City's sanitary system located at or near the southwest corner of the Subject Property. 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 Page 7 of 26 (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. It is further expressly agreed that the City will allow the Developer to connect the potable water system that it constructs as part of the development of the Subject Property to the City's existing potable water facilities situated along Randall Road and / or near the west line of the Subject Property. For purpose of clarification, and without limiting the foregoing,Developer shall be responsible for at its expense the extension of the water main and other utilities located offsite westerly of the Subject Property. 13. Upon review and recommendation by the City Engineer, the City Council shall accept all public rights-of-way and improvements located thereon,sanitary sewers,storm drainage sewers and water mains lying within public rights-of-way or public easements on the Subject Property. Any improvements located in private rights-of-way shall be installed in easements dedicated for and acceptable to the City. The sewer and water service lines(from the buffalo box to the residential or commercial unit,as the case may be) shall not be owned or maintained by the city. Developer shall replace or repair damage to public improvements installed within,under or upon the Subject Property resulting from construction activities by Developer and its employees, agents,contractors and subcontractors prior to final acceptance by the City,but shall not be deemed hereby to have released any such other part from liability or obligations in this regard. Acceptance of public improvements by the City shall be consistent with applicable City ordinances. Notwithstanding the foregoing or anything to the contrary in this Agreement,if water mains to be constructed on the Subject Property are not to be located within the public right of way,Developer shall dedicate a twenty (20) foot wide permanent and exclusive easement to the City with terms acceptable to the Corporation Counsel. 14. Intentionally Omitted. 15. All structures to be constructed on the Subject Property shall be designed and constructed in conformance with the requirements of the PORI Ordinance enumerated in paragraph 3 hereof. 16. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties or by an appropriate action at law or in equity to secure the performance of the covenants herein contained. Notwithstanding the foregoing,no action shall be commenced by the Owner,the Developer, or their respective successors and/or assigns against the City for monetary damages. 17. This Annexation Agreement shall be in effect for a period of twenty(20)years from the date of execution hereof and shall be binding upon and inure to the benefit of the parties hereto, and their heirs, successors and assigns of all or any part of the Subject Property. 18. Developer shall be responsible for costs associated with filing and recording of the Page 8 of 26 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, following the annexation of the Subject Property and the adoption of the PORI Ordinance referred to in paragraph 3 hereof,but prior to the issuance of Final Plat approval the City shall,at the request of the Developer,promptly issue to the Developer such permits as may be required to permit the Developer to proceed with the mass grading required for the construction of the Development; provided, however, that as a condition to the issuance of such permits,(a)Developer shall be required to submit to the City all of those matters required by Title 21 of the EMC and to obtain development permits as required by said Title 21, and(b) all other approvals (if any) required by law to have been obtained by the Developer from other governmental agencies as a condition to the commencement of such work shall have been obtained. 22. The City agrees that there shall be no unreasonable or discriminatory increases or changes in the method of calculation of development fees compared to similar fees and charges of general applicability throughout the City imposed by the City which are in effect as of the date hereof. 23. After the annexation of the Subject Property to the City, it is agreed that the City shall create and establish a Special Service Area for the Subject Property pursuant to 35 ILCS 200/27-5, et seq., as amended, to provide the City with the source of revenue for maintaining, repairing, reconstructing or replacing the stormwater drainage system, detention and retention areas, special management areas or other improvements located on the Common Area of the Subject Property should the Owner or the property owners association owning the land on which such facilities or improvement are located fail to perform maintenance, repair, reconstruction or replacement in accordance with City ordinances or other applicable requirements of law. The Owner and any of its successors in interest agree to and do hereby waive any and all protests, objections and/or rights to petition for disconnection regarding such Special Service Area for the Subject Property. The Special Service Area is for the exclusive purpose of creating a revenue source to the City for the referenced maintenance, repairs, reconstruction or replacement and are not intended and shall not be construed to create an obligation of the City to provide for such maintenance, repairs,reconstruction or replacement. 24. Intentionally omitted. Page 9 of 26 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 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 Page 10 of 26 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 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 Page 11 of 26 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 the existing Intergovernmental Agreement between the City and the Rutland Dundee Fire Protection District. 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 this 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, 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 Page 12 of 26 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 If to Owner or Developer: Scannell Properties#422,LLC, Attn: Drew C. Strobel,Counsel 8801 River Crossing Blvd., Suite 300 Indianapolis IN 46240 With a copy to: Peter C. Bazos,Esq. Page 13 of 26 Bazos,Freeman, Schuster&Pope,LLC 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, the Developer,and each of them,all grantees, successors,and assigns of the respective parties hereto, including successor Corporate Authorities and successor municipalities of the City, and assignees of the Developer.The City may record a memorandum of annexation agreement placing of record the terms,provisions and obligations of this Agreement. 47. In the event any phrase,paragraph, article or portion of this Agreement is found to be invalid or illegal by any court of competent jurisdiction, such finding of invalidity as to that portion shall not affect the validity, legality or enforceability of the remaining portions of this Agreement. 48. 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 Page 14 of 26 the foregoing, the Owner and Developer, on behalf of themselves and any of their successors in interest hereby waive any and all rights, statutory or otherwise,to disconnect the Subject Property from the City of Elgin. 49. It is agreed that in the event the Owner or any of the Owner's successors in interest as to any portion of the Subject Property propose to amend this Agreement or the PORI zoning ordinance referred to in Paragraph 3 of this Agreement,above,then any such proposed amendment shall require the amendment of this Agreement upon the terms and conditions which are acceptable to the City, in the City's sole discretion. However,with respect to any such proposed amendment: A. While the Developer or its affiliate owns any portion of the Subject Property(either in the name of the Developer or in the name of an affiliate of the Developer), then no such amendment shall be approved by the City without the consent of the Developer or its affiliate;and B. Subject to the requirements of subparagraph 49A above, only the written approval of the legal titleholder of that portion of the Subject Property that is proposed to be affected by the amendment shall be required to effect the initiation of a proposed amendment to this Agreement or the PORI zoning ordinance as to such portion of the Subject Property. 50. Developer shall provide to the City upon request of the City a written status report regarding the development of the Subject Property with information therein as requested by the City which may, include among other matters, the current status of sale activities with respect to the subject development of the Subject Property. 51. To the fullest extent permitted by law, Owner and Developer each agrees to and shall indemnify, defend and hold harmless the City, its officials, officers, employees, attorneys, agents,boards and commissions from and against any and all third party claims, suits,judgments, costs, attorney's fees, expert witness fees and expenses, damages or other relief, in any way resulting from or arising out of or alleged to be resulting from or arising out of the existence of this Agreement, the provisions of this Agreement, the performance of this Agreement, the annexation of the Subject Property,the zoning of the Subject Property,the development approvals provided for in this Agreement and/or any other actions of the parties hereto provided for or arising from this Agreement. In the event of any action against the City,its officials,officers,employees, agents,attorneys,boards or commissions covered by the foregoing duty to indemnify,and defend and hold harmless, such action shall be defended by legal counsel of the City's choosing the cost of which shall be paid for by the Owner. Additionally, in the event of such third party action the Owner agrees to the extent permitted by law upon the written request from the City to attempt to intervene in such proceedings and at Owner's expense to join the City in the defense thereof. 52. References throughout this Agreement to the "Owner" shall also include the Developer after Developer acquires the Subject Property and any other subsequent purchasers or grantees of the Subject Property. 53. Each of Owner and Developer, on behalf of itself and its successors, assigns and grantees of his properties, hereby acknowledges the propriety, necessity and legality of all of the Page 15 of 26 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 itself and its successors,assigns and grantees of its 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 PAGE FOLLOWS] Page 16 of 26 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 Att st: City Clerk OWNER and DEVELOPER: Scannell Properties#422,LLC an Indiana limited liability company By: Name: Marc D. Pfleging Title: Manager Legal Dept\Agreement\Annexation-Agr-Scannell Business Park-Clean-7-25-22.docx Page 17 of 26 EXHIBITS Exhibit A: Legal Description of Subject Property: Tract 1 and Tract 2 Exhibit B: Map of Territory to be Annexed Exhibit C: PORI Ordinance Exhibit D: Intentionally Omitted Exhibit E: Stipulated Impact Fees Exhibit F: Plat of Dedication and Easement Grant for Busse Parkway Extension Exhibit G: Plat of Easement for 2601 Galvin Drive Exhibit H: Engineer's Opinion of Probable Costs Randall Highlands-Busse Parkway Offsite Improvement Costs Page 18 of 26 EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Page 19 of 26 LEGAL DESCRIPTION FOR RANDALL HIGHLANDS INDUSTRIAL PARK SUBDIVISION (PERMANENT REAL ESTATE INDEX NUMBERS: 03-19-400-023 & 03-19-400-021) TRACT 1: THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. EXCEPTING THEREFROM: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 19; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 62.67 FEET TO THE WEST LINE OF RANDALL ROAD PER DOCUMENT NUMBER 96K017695; THENCE NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST ALONG SAID WEST LINE, 550.02 FEET TO THE NORTH LINE OF THE SOUTH 550 FEET OF THE EAST HALF OF SAID SOUTHEAST QUARTER FOR A PLACE OF BEGINNING; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST ALONG SAID NORTH LINE, 1263.62 FEET TO THE WEST LINE OF SAID EAST HALF OF THE SOUTHEAST QUARTER; THENCE NORTH 01 DEGREES 09 MINUTES 49 SECONDS WEST ALONG SAID WEST LINE, 736.85 FEET TO THE NORTH LINE OF THE SOUTH 1286.85 FEET OF SAID EAST HALF OF THE SOUTHEAST QUARTER; THENCE NORTH 88 DEGREES 37 MINUTES 46 SECONDS EAST ALONG SAID NORTH LINE, 1259.22 FEET TO SAID WEST LINE OF RANDALL ROAD; THENCE THE FOLLOWING TWO (2) COURSES ALONG SAID WEST LINE; (1) THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 11399.16 FEET, A CHORD BEARING OF SOUTH 01 DEGREES 57 MINUTES 17 SECONDS EAST, A CHORD LENGTH OF 433.10 FEET FOR A ARC LENGTH OF 433.13 FEET TO A POINT OF TANGENCY; (2)THENCE SOUTH 00 DEGREES 51 MINUTES 58 SECONDS EAST, 303.78 FEET TO THE POINT OF BEGINNING, AND ALSO EXCEPTING THEREFROM ANY PART OF SAID EAST HALF OF SOUTHEAST QUARTER LYING SOUTH OF THE NORTH LINE OF THE SOUTH 550.0 FEET THEREOF, IN KANE COUNTY, ILLINOIS. ALSO EXCEPTING THEREFROM: THAT PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE ON AN ASSUMED BEARING OF NORTH 89 DEGREES 33 MINUTES 20 SECONDS WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, 1321.67 FEET TO THE WEST LINE OF THE EAST HALF OF SAID SOUTHEAST QUARTER; THENCE SOUTH 00 DEGREES 07 MINUTES 38 SECONDS WEST ALONG SAID WEST LINE, 74.74 FEET; THENCE NORTH 89 DEGREES 19 MINUTES 43 SECONDS EAST, PARALLEL WITH THE CENTER LINE OF ILLINOIS ROUTE 72, A DISTANCE OF 504.12 FEET; THENCE EASTERLY ALONG A 1 of 5 Annexation-Agr-Scannell Business Park-Exhibit A Legal Descriptions-7-21-22 March 04,2022 LEGAL DESCRIPTION FOR RANDALL HIGHLANDS INDUSTRIAL PARK SUBDIVISION (PERMANENT REAL ESTATE INDEX NUMBERS: 03-19-400-023 & 03-19-400-021) TANGENTIAL CURVE CONCAVE TO THE SOUTH, RADIUS 28587.80 FEET, A DISTANCE OF 659.75 FEET; THENCE SOUTH 44 DEGREES 45 MINUTES 11 SECONDS EAST, 71.27 FEET,- THENCE SOUTH 00 DEGREES 12 MINUTES 25 SECONDS EAST, 334.79 FEET; THENCE SOUTHERLY ALONG A TANGENTIAL CURVE CONCAVE TO THE EAST, RADIUS 11519.16 FEET, A DISTANCE OF 648.18 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A 11399.16 FOOT RADIUS CURVE, CONCAVE TO THE WEST, 701.87 FEET;THENCE SOUTH 00 DEGREES 05 MINUTES 49 SECONDS WEST ALONG TANGENT AND PARALLEL WITH THE CENTER LINE OF RANDALL ROAD, 853.81 FEET TO THE SOUTH LINE OF SAID SECTION 19; THENCE NORTH 89 DEGREES 35 MINUTES 19 SECONDS EAST ALONG SAID SOUTH LINE, 62.67 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 19; THENCE NORTH 00 DEGREES 05 MINUTES 41 SECONDS EAST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 19, A DISTANCE OF 2646.45 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM: THAT PART TAKEN FOR ROAD PURPOSES BY ORDER VESTING TITLE ENTERED SEPTEMBER 19, 2011 IN CASE NO. 2011 ED 39, AND RECORDED SEPTEMBER 19, 2011 AS DOCUMENT 2011 K054687. TRACT 2 - PARCEL 1: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 92.67 FEET TO THE SOUTHEAST CORNER OF LOT 98 IN NORTHWEST CORPORATE PARK UNIT 1, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 1998 AS DOCUMENT NO. 98K103162; THENCE NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST, ALONG THE EAST LINE OF SAID LOT 98, A DISTANCE OF 550.02 FEET TO THE NORTHEAST CORNER OF SAID LOT 98; THENCE CONTINUING NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST, ALONG THE EXTENSION OF THE LAST DESCRIBED LINE,A DISTANCE OF 304.04 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE SOUTHWESTERLY, SAID CURVE HAVING A RADIUS OF 11,369.16 FEET AND AN ARC LENGTH OF 187.81 FEET TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG THE CONTINUATION OF THE LAST DESCRIBED CURVE FOR AN ARC LENGTH OF 170.03 FEET; THENCE NORTH 47 DEGREES 03 MINUTES 06 SECONDS WEST, FOR A DISTANCE OF 35.78 FEET;THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, FOR A DISTANCE OF 271.61 FEET; THENCE NORTH 84 DEGREES 21 MINUTES 19 SECONDS WEST, FOR A DISTANCE OF 90.59 FEET; THENCE SOUTH 01 DEGREES 22 MINUTES 14 SECONDS EAST, FOR A DISTANCE OF 206.07 FEET; THENCE NORTH 88 DEGREES 37 MINUTES 46 SECONDS EAST, FOR A DISTANCE OF 389.70 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. 2 of 5 Annexation-Agr-Scannell Business Park-Exhibit A Legal Descriptions-7-21-22 March 04,2022 LEGAL DESCRIPTION FOR RANDALL HIGHLANDS INDUSTRIAL PARK SUBDIVISION (PERMANENT REAL ESTATE INDEX NUMBERS: 03-19-400-023 &03-19-400-021) TRACT 2 - PARCEL 2: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 92.67 FEET TO THE SOUTHEAST CORNER OF LOT 98 IN NORTHWEST CORPORATE PARK UNIT 1, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 1998 AS DOCUMENT NO. 98K103162; THENCE NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST, ALONG THE EAST LINE OF SAID LOT 98, A DISTANCE OF 550.02 FEET TO THE NORTHEAST CORNER OF SAID LOT 98, THENCE CONTINUING NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST, ALONG THE EXTENSION OF THE LAST DESCRIBED LINE, FOR A DISTANCE OF 290.73 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST, ALONG THE EXTENSION OF THE LAST DESCRIBED LINE, FOR A DISTANCE OF 13.31 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE SOUTHWESTERLY, SAID CURVE HAVING A RADIUS OF 11,369.16 FEET AND AN ARC LENGTH OF 187.81 FEET; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, FOR A DISTANCE OF 389.70 FEET; THENCE SOUTH 01 DEGREES 22 MINUTES 14 SECONDS EAST, FOR A DISTANCE OF 201.12 FEET, THENCE NORTH 88 DEGREES 37 MINUTES 46 SECONDS EAST, FOR A DISTANCE OF 389.48 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. TRACT 2 - PARCEL 3: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 92.67 FEET TO THE SOUTHEAST CORNER OF LOT 98 IN NORTHWEST CORPORATE PARK UNIT 1, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 1998 AS DOCUMENT NO. 98K103162; THENCE NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST, ALONG THE EAST LINE OF SAID LOT 98, A DISTANCE OF 550.02 FEET TO THE NORTHEAST CORNER OF SAID LOT 98; THENCE CONTINUING NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST, ALONG THE EXTENSION OF THE LAST DESCRIBED LINE, A DISTANCE OF 290.73; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, FOR A DISTANCE OF 389.48 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, FOR A DISTANCE OF 250.00 FEET; THENCE NORTH 01 DEGREES 22 MINUTES 14 SECONDS WEST, FOR A DISTANCE OF 452.63 FEET; THENCE NORTH 88 DEGREES 37 MINUTES 46 SECONDS EAST, FOR A DISTANCE OF 100.18 FEET; THENCE SOUTH 84 DEGREES 21 MINUTES 19 SECONDS EAST, FOR A DISTANCE OF 150.95 FEET, 3of5 Annexation-Agr-Scannell Business Park-Exhibit A Legal Descriptions-7-21-22 March 04,2022 LEGAL DESCRIPTION FOR RANDALL HIGHLANDS INDUSTRIAL PARK SUBDIVISION (PERMANENT REAL ESTATE INDEX NUMBERS: 03-19-400-023 &03-19-400-021) THENCE SOUTH 01 DEGREES 22 MINUTES 14 SECONDS EAST, FOR A DISTANCE OF 407.19 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. TRACT 2 - PARCEL 4: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 92.67 FEET TO THE SOUTHEAST CORNER OF LOT 98 IN NORTHWEST CORPORATE PARK UNIT 1, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 1998 AS DOCUMENT NO. 98K103162; THENCE NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST, ALONG THE EAST LINE OF SAID LOT 98, A DISTANCE OF 550.02 FEET TO THE NORTHEAST CORNER OF SAID LOT 98; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST,ALONG THE NORTH LINE OF LOTS 98 AND 99 IN NORTHWEST CORPORATE PARK UNIT 1, FOR A DISTANCE OF 1233.62 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE NORTHWEST CORNER OF SAID LOT 99, SAID NORTHWEST CORNER BEING ON THE WEST LINE OF THE EAST HALF OF SAID SOUTHEAST QUARTER; THENCE NORTH 01 DEGREES 09 MINUTES 49 SECONDS WEST,ALONG SAID WEST LINE OF THE EAST HALF OF SAID SOUTHEAST QUARTER, FOR A DISTANCE OF 716.35 FEET; THENCE NORTH 88 DEGREES 37 MINUTES 46 SECONDS EAST, FOR A DISTANCE OF 594.11 FEET; THENCE SOUTH 01 DEGREES 22 MINUTES 14 SECONDS EAST, FOR A DISTANCE OF 425.63 FEET; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, FOR A DISTANCE OF 61.03 FEET; THENCE SOUTH 01 DEGREES 22 MINUTES 14 SECONDS EAST, FOR A DISTANCE OF 107.77 FEET; THENCE SOUTH 64 DEGREES 13 MINUTES 52 SECONDS WEST, FOR A DISTANCE OF 109.97 FEET,- THENCE SOUTH 89 DEGREES 19 MINUTES 47 SECONDS WEST, FOR A DISTANCE OF 99.99 FEET; THENCE SOUTH 41 DEGREES 09 MINUTES 36 SECONDS WEST, FOR A DISTANCE OF 92.23 FEET;THENCE SOUTH 00 DEGREES 21 MINUTES 04 SECONDS EAST, FOR A DISTANCE OF 33.45 FEET;THENCE SOUTH 45 DEGREES 05 MINUTES 14 SECONDS EAST, FOR A DISTANCE OF 51.67 FEET TO THE NORTH LINE OF SAID LOT 99; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, ALONG THE NORTH LINE OF SAID LOT 99, FOR A DISTANCE OF 308.30 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. TRACT 2 - PARCEL 5: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88 DEGREES, 37 MINUTES, 46 SECONDS WEST,ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 92.67 FEET TO THE SOUTHEAST CORNER OF LOT 98 IN NORTHWEST CORPORATE PARK UNIT 1, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 1998 AS DOCUMENT NO. 98K103162; THENCE NORTH 00 4of5 Annexation-Agr-Scannell Business Park-Exhibit A Legal Descriptions-7-21-22 March 04,2022 LEGAL DESCRIPTION FOR RANDALL HIGHLANDS INDUSTRIAL PARK SUBDIVISION (PERMANENT REAL ESTATE INDEX NUMBERS: 03-19-400-023 & 03-19-400-021) DEGREES, 51 MINUTES, 58 SECONDS WEST, ALONG THE EAST LINE OF SAID LOT 98, A DISTANCE OF 550.02 FEET TO THE NORTHEAST CORNER OF SAID LOT 98; THENCE CONTINUING NORTH 00 DEGREES, 51 MINUTES, 58 SECONDS WEST, ALONG THE EXTENSION OF THE LAST DESCRIBED LINE, A DISTANCE OF 304.04 FEET TO A POINT OF CURVATURE, THENCE NORTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE SOUTHWESTERLY, SAID CURVE HAVING A RADIUS OF 11,369.16 FEET AND AN ARC DISTANCE OF 357.84 FEET TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG A CONTINUATION OF THE LAST DESCRIBED CURVE FOR AN ARC DISTANCE OF 70.03 FEET TO THE NORTH LINE OF THE SOUTH 1286.85 FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 19,AFORESAID; THENCE SOUTH 88 DEGREES, 37 MINUTES, 46 SECONDS WEST ALONG SAID SOUTH LINE, 1229.21 FEET TO THE WEST LINE OF THE EAST HALF OF SAID SOUTHEAST QUARTER;THENCE SOUTH 01 DEGREES, 09 MINUTES, 49 SECONDS EAST ALONG SAID WEST LINE, 20.50 FEET; THENCE NORTH 88 DEGREES, 37 MINUTES, 46 SECONDS EAST ALONG A LINE 20.50 FEET, MEASURED AT RIGHT ANGLES, SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTH 1286.85 FEET OF THE EAST HALF, AFORESAID, 694.29 FEET; THENCE SOUTH 84 DEGREES, 21 MINUTES, 19 SECONDS EAST, 241.54 FEET TO A LINE 50.00 FEET, MEASURED AT RIGHT ANGLES, SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTH 1286.85 FEET OF THE EAST HALF, AFORESAID; THENCE NORTH 88 DEGREES, 37 MINUTES, 46 SECONDS EAST ALONG SAID PARALLEL LINE, 271.61 FEET,- THENCE SOUTH 47 DEGREES, 03 MINUTES, 06 SECONDS EAST, 35.78 FEET TO THE POINT OF BEGINNING, IN CITY OF ELGIN, KANE COUNTY, ILLINOIS. TRACT 2 - PARCEL 6: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS A 30.00 FOOT STRIP OF LAND, MEASURED AT RIGHT ANGLES OR RADIALLY, AND LYING WEST OF AND CONTIGUOUS WITH THE WEST LINE OF RANDALL ROAD PER DOCUMENT NUMBER 96K017695, SAID STRIP OF LAND LYING SOUTH OF THE NORTH LINE OF THE SOUTH 1286.85 FEET OF THE EAST HALF OF SAID SOUTHEAST QUARTER, AND LYING NORTH OF THE NORTH LINE OF THE SOUTH 550.00 FEET OF THE EAST HALF OF SAID SOUTHEAST QUARTER (SAID LINE ALSO BEING THE NORTH LINE OF LOT 98 IN NORTHWEST CORPORATE PARK UNIT 1, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 1998 AS DOCUMENT NO. 98K103162 AND AN EASTERLY EXTENSION THEREOF), IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. 5of5 Annexation-Agr-Scannell Business Park-Exhibit A Legal Descriptions-7-21-22 March 04,2022 LEGAL DESCRIPTION FOR RANDALL HIGHLANDS INDUSTRIAL PARK SUBDIVISION (PERMANENT REAL ESTATE INDEX NUMBERS: 03-19-400-023 & 03-19-400-021) 6of5 Annexation-Agr-Scannell Business Park-Exhibit A Legal Descriptions-7-21-22 March 04,2022 EXHIBIT B MAP OF TERRITOPRY TO BE ANNEXED Page 20 of 26 MAP OF TERRITORY TO BE ANNEXED i GRAPHIC SCALE LECAL DESCRIPTION OF TO THE CITY OF ELGIN, KANE COUNTY, ILLINOIS TERR/TORY TO BE ANNEXED wastlaolvuEoLA90 N "MI,L U co.ROR vao ccAu�e co r A: y BASIS OF Bd'AR/NirS i rwxcru.xrnw.Ix nR,orsxn r d.r[[. 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I uNB 1� _—__—__—__—__— r-rsAs, A rw = fsrm+nrl _ sNFET sscml ,r��• YPlEA9] EXHIBIT C PORI ORDINANCE Page 21 of 26 DRAFT 7/25/2022 Ordinance No. Gxx-22 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY AND TERRITORY IN THE AB AREA BUSINESS DISTRICT TO PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (Randall Highlands Industrial Park Subdivision 2600-2800 North Randall Road) WHEREAS, the northern portion of the territory legally described herein (the "North Parcel, also known as "Tract I") has been annexed to the City of Elgin; and WHEREAS, the southern portion of the territory legally described herein (the "South Parcel, also known as Tract 2") is classified in the AB Area Business District and ARC Arterial Road Corridor Overlay District; and WHEREAS, written application has been made to classify the North Parcel and the South Parcel in the PORI Planned Office Research Industrial District for the construction of the four-lot industrial subdivision to be known as Randall Highlands Industrial Park Subdivision; and WHEREAS, the zoning lot containing the North Parcel and the South Parcel, which premises are commonly known as 2600-2800 North Randall Road, is legally described herein(the "Subject Property"); and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on May 2, 2022, 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 PORI Planned Office Research Industrial District pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated May 2, 2022 and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Chapter 19.07 Zoning Districts, Section 19.08.020 entitled "Official Zoning District Map"of the Elgin Municipal Code, as amended,be and the same is hereby further amended by adding thereto the following paragraph: The boundaries hereinafter laid out in the"Zoning District Map", as amended, be and are hereby altered by including in the PORI Planned Office Research Industrial District the following described property: TRACT 1: THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. EXCEPTING THEREFROM: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 19;THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 62.67 FEET TO THE WEST LINE OF RANDALL ROAD PER DOCUMENT NUMBER 96K017695; THENCE NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST ALONG SAID WEST LINE, 550.02 FEET TO THE NORTH LINE OF THE SOUTH 550 FEET OF THE EAST HALF OF SAID SOUTHEAST QUARTER FOR A PLACE OF BEGINNING; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST ALONG SAID NORTH LINE, 1263.62 FEET TO THE WEST LINE OF SAID EAST HALF OF THE SOUTHEAST QUARTER; THENCE NORTH 01 DEGREES 09 MINUTES 49 SECONDS WEST ALONG SAID WEST LINE, 736.85 FEET TO THE NORTH LINE OF THE SOUTH 1286.85 FEET OF SAID EAST HALF OF THE SOUTHEAST QUARTER; THENCE NORTH 88 DEGREES 37 MINUTES 46 SECONDS EAST ALONG SAID NORTH LINE, 1259.22 FEET TO SAID WEST LINE OF RANDALL ROAD;THENCE THE FOLLOWING TWO(2)COURSES ALONG SAID WEST LINE; (1) THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 11399.16 FEET, A CHORD BEARING OF SOUTH 01 DEGREES 57 MINUTES 17 SECONDS EAST, A CHORD LENGTH OF 433.10 FEET FOR A ARC - 2 - LENGTH OF 433.13 FEET TO A POINT OF TANGENCY; (2) THENCE SOUTH 00 DEGREES 51 MINUTES 58 SECONDS EAST, 303.78 FEET TO THE POINT OF BEGINNING, AND ALSO EXCEPTING THEREFROM ANY PART OF SAID EAST HALF OF SOUTHEAST QUARTER LYING SOUTH OF THE NORTH LINE OF THE SOUTH 550.0 FEET THEREOF, IN KANE COUNTY, ILLINOIS. ALSO EXCEPTING THEREFROM: THAT PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE ON AN ASSUMED BEARING OF NORTH 89 DEGREES 33 MINUTES 20 SECONDS WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, 1321.67 FEET TO THE WEST LINE OF THE EAST HALF OF SAID SOUTHEAST QUARTER; THENCE SOUTH 00 DEGREES 07 MINUTES 38 SECONDS WEST ALONG SAID WEST LINE, 74.74 FEET; THENCE NORTH 89 DEGREES 19 MINUTES 43 SECONDS EAST,PARALLEL WITH THE CENTER LINE OF ILLINOIS ROUTE 72, A DISTANCE OF 504.12 FEET; THENCE EASTERLY ALONG A TANGENTIAL CURVE CONCAVE TO THE SOUTH, RADIUS 28587.80 FEET, A DISTANCE OF 659.75 FEET; THENCE SOUTH 44 DEGREES 45 MINUTES 11 SECONDS EAST, 71.27 FEET; THENCE SOUTH 00 DEGREES 12 MINUTES 25 SECONDS EAST, 334.79 FEET; THENCE SOUTHERLY ALONG A TANGENTIAL CURVE CONCAVE TO THE EAST, RADIUS 11519.16 FEET, A DISTANCE OF 648.18 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG A 11399.16 FOOT RADIUS CURVE, CONCAVE TO THE WEST, 701.87 FEET; THENCE SOUTH 00 DEGREES 05 MINUTES 49 SECONDS WEST ALONG TANGENT AND PARALLEL WITH THE CENTER LINE OF RANDALL ROAD, 853.81 FEET TO THE SOUTH LINE OF SAID SECTION 19; THENCE NORTH 89 DEGREES 35 MINUTES 19 SECONDS EAST ALONG SAID SOUTH LINE, 62.67 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 19; THENCE NORTH 00 DEGREES 05 MINUTES 41 SECONDS EAST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 19,A DISTANCE OF 2646.45 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM: THAT PART TAKEN FOR ROAD PURPOSES BY ORDER VESTING TITLE ENTERED SEPTEMBER 19, 2011 IN CASE NO. 2011 ED 39, AND RECORDED SEPTEMBER 19, 2011 AS DOCUMENT 2011 K054687. - 3 - TRACT 2 - PARCEL 1• THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST,ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 92.67 FEET TO THE SOUTHEAST CORNER OF LOT 98 IN NORTHWEST CORPORATE PARK UNIT 1,ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 1998 AS DOCUMENT NO. 98K103162; THENCE NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST, ALONG THE EAST LINE OF SAID LOT 98, A DISTANCE OF 550.02 FEET TO THE NORTHEAST CORNER OF SAID LOT 98; THENCE CONTINUING NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST, ALONG THE EXTENSION OF THE LAST DESCRIBED LINE, A DISTANCE OF 304.04 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE SOUTHWESTERLY, SAID CURVE HAVING A RADIUS OF 11,369.16 FEET AND AN ARC LENGTH OF 187.81 FEET TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG THE CONTINUATION OF THE LAST DESCRIBED CURVE FOR AN ARC LENGTH OF 170.03 FEET;THENCE NORTH 47 DEGREES 03 MINUTES 06 SECONDS WEST, FOR A DISTANCE OF 35.78 FEET; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, FOR A DISTANCE OF 271.61 FEET; THENCE NORTH 84 DEGREES 21 MINUTES 19 SECONDS WEST, FOR A DISTANCE OF 90.59 FEET; THENCE SOUTH 01 DEGREES 22 MINUTES 14 SECONDS EAST, FOR A DISTANCE OF 206.07 FEET; THENCE NORTH 88 DEGREES 37 MINUTES 46 SECONDS EAST, FOR A DISTANCE OF 389.70 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. TRACT 2-PARCEL 2• THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST,ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 92.67 FEET TO THE SOUTHEAST CORNER OF LOT 98 IN NORTHWEST CORPORATE PARK UNIT 1,ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 1998 AS DOCUMENT NO. 98K103162; THENCE NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST, ALONG THE EAST LINE OF SAID LOT 98, A DISTANCE OF 550.02 FEET TO THE NORTHEAST CORNER OF SAID LOT 98; THENCE CONTINUING NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST, ALONG THE EXTENSION OF THE LAST DESCRIBED LINE, FOR A DISTANCE OF 290.73 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST, ALONG -4- THE EXTENSION OF THE LAST DESCRIBED LINE, FOR A DISTANCE OF 13.31 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE SOUTHWESTERLY, SAID CURVE HAVING A RADIUS OF 11,369.16 FEET AND AN ARC LENGTH OF 187.81 FEET; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, FOR A DISTANCE OF 389.70 FEET;THENCE SOUTH O1 DEGREES 22 MINUTES 14 SECONDS EAST,FOR A DISTANCE OF 201.12 FEET; THENCE NORTH 88 DEGREES 37 MINUTES 46 SECONDS EAST, FOR A DISTANCE OF 389.48 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. TRACT 2 - PARCEL 3: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST,ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 92.67 FEET TO THE SOUTHEAST CORNER OF LOT 98 IN NORTHWEST CORPORATE PARK UNIT 1,ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 1998 AS DOCUMENT NO. 98K103162; THENCE NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST, ALONG THE EAST LINE OF SAID LOT 98, A DISTANCE OF 550.02 FEET TO THE NORTHEAST CORNER OF SAID LOT 98; THENCE CONTINUING NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST, ALONG THE EXTENSION OF THE LAST DESCRIBED LINE, A DISTANCE OF 290.73; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, FOR A DISTANCE OF 389.48 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, FOR A DISTANCE OF 250.00 FEET; THENCE NORTH O1 DEGREES 22 MINUTES 14 SECONDS WEST, FOR A DISTANCE OF 452.63 FEET; THENCE NORTH 88 DEGREES 37 MINUTES 46 SECONDS EAST, FOR A DISTANCE OF 100.18 FEET; THENCE SOUTH 84 DEGREES 21 MINUTES 19 SECONDS EAST, FOR A DISTANCE OF 150.95 FEET; THENCE SOUTH O1 DEGREES 22 MINUTES 14 SECONDS EAST, FOR A DISTANCE OF 407.19 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. TRACT 2 -PARCEL 4: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST,ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 92.67 FEET TO THE SOUTHEAST CORNER OF LOT 98 IN NORTHWEST CORPORATE PARK UNIT 1,ACCORDING TO THE PLAT THEREOF - 5 - RECORDED NOVEMBER 6, 1998 AS DOCUMENT NO. 98K103162; THENCE NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST, ALONG THE EAST LINE OF SAID LOT 98, A DISTANCE OF 550.02 FEET TO THE NORTHEAST CORNER OF SAID LOT 98;THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, ALONG THE NORTH LINE OF LOTS 98 AND 99 IN NORTHWEST CORPORATE PARK UNIT 1, FOR A DISTANCE OF 1233.62 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE NORTHWEST CORNER OF SAID LOT 99, SAID NORTHWEST CORNER BEING ON THE WEST LINE OF THE EAST HALF OF SAID SOUTHEAST QUARTER;THENCE NORTH 01 DEGREES 09 MINUTES 49 SECONDS WEST, ALONG SAID WEST LINE OF THE EAST HALF OF SAID SOUTHEAST QUARTER, FOR A DISTANCE OF 716.35 FEET; THENCE NORTH 88 DEGREES 37 MINUTES 46 SECONDS EAST, FOR A DISTANCE OF 594.11 FEET; THENCE SOUTH 01 DEGREES 22 MINUTES 14 SECONDS EAST, FOR A DISTANCE OF 425.63 FEET; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, FOR A DISTANCE OF 61.03 FEET; THENCE SOUTH 01 DEGREES 22 MINUTES 14 SECONDS EAST, FOR A DISTANCE OF 107.77 FEET; THENCE SOUTH 64 DEGREES 13 MINUTES 52 SECONDS WEST, FOR A DISTANCE OF 109.97 FEET; THENCE SOUTH 89 DEGREES 19 MINUTES 47 SECONDS WEST, FOR A DISTANCE OF 99.99 FEET; THENCE SOUTH 41 DEGREES 09 MINUTES 36 SECONDS WEST, FOR A DISTANCE OF 92.23 FEET; THENCE SOUTH 00 DEGREES 21 MINUTES 04 SECONDS EAST, FOR A DISTANCE OF 33.45 FEET; THENCE SOUTH 45 DEGREES 05 MINUTES 14 SECONDS EAST,FOR A DISTANCE OF 51.67 FEET TO THE NORTH LINE OF SAID LOT 99;THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST,ALONG THE NORTH LINE OF SAID LOT 99, FOR A DISTANCE OF 308.30 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. TRACT 2 - PARCEL 5: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88 DEGREES, 37 MINUTES, 46 SECONDS WEST,ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER,A DISTANCE OF 92.67 FEET TO THE SOUTHEAST CORNER OF LOT 98 IN NORTHWEST CORPORATE PARK UNIT 1,ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 1998 AS DOCUMENT NO. 98K103162; THENCE NORTH 00 DEGREES, 51 MINUTES, 58 SECONDS WEST,ALONG THE EAST LINE OF SAID LOT 98, A DISTANCE OF 550.02 FEET TO THE NORTHEAST CORNER OF SAID LOT 98; THENCE CONTINUING NORTH 00 DEGREES, 51 MINUTES, 58 SECONDS WEST, ALONG THE EXTENSION OF THE LAST DESCRIBED LINE, A DISTANCE OF 304.04 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE SOUTHWESTERLY, SAID CURVE HAVING A RADIUS OF 11,369.16 FEET AND - 6 - AN ARC DISTANCE OF 357.84 FEET TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG A CONTINUATION OF THE LAST DESCRIBED CURVE FOR AN ARC DISTANCE OF 70.03 FEET TO THE NORTH LINE OF THE SOUTH 1286.85 FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 19, AFORESAID; THENCE SOUTH 88 DEGREES, 37 MINUTES, 46 SECONDS WEST ALONG SAID SOUTH LINE, 1229.21 FEET TO THE WEST LINE OF THE EAST HALF OF SAID SOUTHEAST QUARTER; THENCE SOUTH 01 DEGREES, 09 MINUTES, 49 SECONDS EAST ALONG SAID WEST LINE, 20.50 FEET; THENCE NORTH 88 DEGREES, 37 MINUTES, 46 SECONDS EAST ALONG A LINE 20.50 FEET,MEASURED AT RIGHT ANGLES,SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTH 1286.85 FEET OF THE EAST HALF, AFORESAID, 694.29 FEET; THENCE SOUTH 84 DEGREES, 21 MINUTES, 19 SECONDS EAST, 241.54 FEET TO A LINE 50.00 FEET, MEASURED AT RIGHT ANGLES, SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTH 1286.85 FEET OF THE EAST HALF, AFORESAID; THENCE NORTH 88 DEGREES, 37 MINUTES, 46 SECONDS EAST ALONG SAID PARALLEL LINE, 271.61 FEET; THENCE SOUTH 47 DEGREES, 03 MINUTES, 06 SECONDS EAST, 35.78 FEET TO THE POINT OF BEGINNING, IN CITY OF ELGIN, KANE COUNTY, ILLINOIS. TRACT 2 - PARCEL 6• THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS A 30.00 FOOT STRIP OF LAND, MEASURED AT RIGHT ANGLES OR RADIALLY, AND LYING WEST OF AND CONTIGUOUS WITH THE WEST LINE OF RANDALL ROAD PER DOCUMENT NUMBER 96K017695, SAID STRIP OF LAND LYING SOUTH OF THE NORTH LINE OF THE SOUTH 1286.85 FEET OF THE EAST HALF OF SAID SOUTHEAST QUARTER,AND LYING NORTH OF THE NORTH LINE OF THE SOUTH 550.00 FEET OF THE EAST HALF OF SAID SOUTHEAST QUARTER (SAID LINE ALSO BEING THE NORTH LINE OF LOT 98 IN NORTHWEST CORPORATE PARK UNIT 1, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 1998 AS DOCUMENT NO. 98KI03162 AND AN EASTERLY EXTENSION THEREOF), IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. (commonly known as 2600-2800 North Randall Road Permanent Real Estate Index Numbers: 03-19-400-023 and 03-19-400-021) Section 3. That the City Council of the City of Elgin hereby classifies the subject property in the PORI Planned Office Research Industrial District, which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of the PORI Planned Office Research Industrial District is to provide a planned industrial environment that fosters a sense of place and destination within a coordinated campus or park setting, subject to the - 7 - provisions of Chapter 19.60, Planned Development, of the Elgin Municipal Code, as amended.A PORI zoning district is most similar to,but departs from the standard requirements of the ORI zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol"[SR]",shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90"Supplementary Regulations",of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PORI Planned Office Research Industrial District,the use and development of land and structures shall be subject to the provisions of Chapter 19.05 "General Provisions", of the Elgin Municipal Code, as amended. D. Zoning Districts; Generally. In this PORI Planned Office Research Industrial District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07 "Zoning Districts", of the Elgin Municipal Code, as amended. E. Location and Size of District. PORI Planned Office Research Industrial Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PORI Planned Office Research 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 PORI Planned Office Research Industrial District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 "Land Use", of the Elgin Municipal Code, as amended. 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 PORI Planned Office Research Industrial District. 1. Permitted Uses on Lot 1 as depicted in the Final Plat of Subdivision of Randall Highlands Industrial Park Subdivision referred to in Section 3G hereof. Those land uses enumerated as permitted uses within the ORI Office Research Industrial District, Section 19.40.130 A., Land Use, of the Elgin Municipal Code, as it may be amended from time to time, and the following additional land uses: Miscellaneous uses division: "Commercial operations yard" [SR] (UNCL). - 8 - 2. Conditional Uses on Lot 1 as depicted in the Final Plat of Subdivision of Randall Highlands Industrial Park Subdivision referred to in Section 3G hereof. Those land uses enumerated as conditional uses within the ORI Office Research Industrial District, Section 19.40.130 B., Land Use, of the Elgin Municipal Code, as it may be amended from time to time, except the following land uses: Miscellaneous uses division: "Commercial operations yard" [SR] (UNCL). 3. Similar Uses on Lot 1 as depicted in the Final Plat of Subdivision of Randall Highlands Industrial Park Subdivision referred to in Section 3G hereof. Those land uses enumerated as similar uses within the ORI Office Research Industrial District, Section 19.40.130 C., Land Use, of the Elgin Municipal Code, as it may be amended from time to time. 4. Permitted Uses on Lot 2 and Lot 3 as depicted in the Final Plat of Subdivision of Randall Highlands Industrial Park Subdivision referred to in Section 3G hereof.Those land uses enumerated as permitted uses within the ORI Office Research Industrial District, Section 19.40.130 A. Land Use, those land uses enumerated as permitted uses within the AB Area Business District, Section 19.35.430 A., Land Use, of the Elgin Municipal Code, as it may be amended from time to time, and the following additional land uses: Miscellaneous uses division: "Commercial operations yard" [SR] (UNCL). 5. Conditional Uses on Lot 2 and Lot 3 as depicted in the Final Plat of Subdivision of Randall Highlands Industrial Park Subdivision referred to in Section 3G hereof. Those land uses enumerated as conditional uses within the ORI Office Research Industrial District, Section 19.40.130 B., Land Use, and those land uses enumerated as conditional uses within the AB Area Business District, Section 19.35.430 B., Land Use, of the Elgin Municipal Code, as it may be amended from time to time, except the following land uses: Miscellaneous uses division: "Commercial operations yard" [SR] (UNCL). 6. Similar Uses on Lot 2 and Lot 3 as depicted in the Final Plat of Subdivision of Randall Highlands Industrial Park Subdivision referred to in Section - 9 - 3G hereof. Those land uses enumerated as similar uses within the ORI Office Research Industrial District, Section 19.40.130 C., Land Use, and those land uses enumerated as similar uses within the AB Area Business District, Section 19.35.430 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 19.40.135 "Site Design" for ORI Office Research 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 Scannell Properties #422, LLC, an Indiana limited liability company, as applicant and property owner, received February 24, 2022, and supporting documents including: a. Undated Narrative of Randall Road Industrial Park Subdivision as Proposed by Scannell Properties#422, LLC, received March 23, 2022; b. ALTA/NSPS Land Title Survey, prepared by Manhard Consulting Ltd., dated March 11, 2022, last revised March 22, 2022; c. A plat of annexation titled: "Map of Territory to be Annexed to the City of Elgin, Kane County, Illinois", prepared by Manhard Consulting Ltd., dated February 18, 2022, with such further revisions as required by the Community Development Director; d. Plat of Dedication & Easement Grant for Busse Parkway Extension, prepared by Manhard Consulting Ltd., dated November 19, 2019, last revised July 20, 2022, with such further revisions as required by the City Engineer; e. Plat of Easement for 2601 Galvin Drive, prepared by Manhard Consulting Ltd., dated November 5, 2021, last revised July 20,2022, with such further revisions as required by the City Engineer; f. Final Plat of Subdivision of Randall Highlands Industrial Park Subdivision, prepared by Manhard Consulting Ltd., dated March 4, 2022, last revised June 10, 2022,with such further revisions as required by the City Engineer; g. Zoning site plan, Sheet EXH, prepared by Manhard Consulting Ltd., dated April 22, 2022, last revised June 10, 2022, with such further revisions as required by the Community Development Director; h. Final Landscape Plan for Subdivision Randall Highlands Industrial Park, prepared by Manhard Consulting Ld., dated June 10, 2022, with such further revisions as required by the Community Development Director; i. Final Landscape Plan for Lot 1 — Randall Highlands Industrial Park, prepared by Manhard Consulting Ltd., dated June 10, 2022, with such - 10 - further revisions as required by the Community Development Director; j. Final Landscape Plan for Lot 2 — Randall Highlands Industrial Park, prepared by Manhard Consulting Ltd., dated June 10, 2022, with such further revisions as required by the Community Development Director; k. Final Landscape Plan for Lot 3 — Randall Highlands Industrial Park, prepared by Manhard Consulting Ltd., dated June 10, 2022, with such further revisions as required by the Community Development Director; 1. Final Engineering Improvement Plans for Randall Highlands Industrial Park Subdivision, prepared by Manhard Consulting Ltd., dated April 22, 2022, last revised June 10, 2022, with such further revisions as required by the City Engineer; m. Final Engineering Improvement Plans for Lot 1 of The Randall Highlands Industrial Park Subdivision, prepared by Manhard Consulting Ltd., dated April 22, 2022, last revised June 10, 2022, with such further revisions as required by the City Engineer; and n. Final Engineering Improvement Plans for Lot 2 of The Randall Highlands Industrial Park Subdivision, prepared by Manhard Consulting Ltd., dated April 22, 2022, last revised June 10, 2022, 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. The sanitary service line connections for each building shall be constructed in compliance with the Elgin Municipal Code, 1976 as amended. 3. The installation of all outdoor lighting on the property shall comply with Elgin Municipal Code, 1976 as amended. The applicant shall submit photometric plans for the installation of any outdoor lighting at the time of building permit review for the development on each lot. Such proposed installation and, to the maximum extent possible, lighting and fixtures used throughout the 53-acre development shall be a consistent style and design to promote a cohesive, unified 53-acre development. 4. The proposed six-foot high solid fence to be installed along the west side of the truck loading areas on Lot 1 shall be of durable PVC material and neutral color. Such fence shall not extend into the street yards north and south of the building on Lot 1. 5. New buildings and future additions thereto shall be subject to Chapter 19.14 of the Elgin Municipal Code, 1976 as amended. The northeast and southeast corners of the buildings on Lot 2 and Lot 3 shall be highlighted with architectural elements,which may include but are not limited to tower elements, - 11 - multi-story glass, and/or other features to highlight the importance of this building and this prominent location. 6. "No parking" restriction shall be implemented along both sides of Busse Parkway. 7. Safety bollards shall be installed in rear of the truck parking stalls on Lot 3 along Busse Parkway. The location and design of such safety bollards shall be approved by the Community Development Director prior to the issuance of the building permit for the construction of the building on Lot 3. 8. A departure is hereby granted to construct the extension of Busse Parkway within a 41-foot wide right-of-way. 9. A departure is hereby granted to allow the construction of a cul-de-sac at the terminus of Busse Parkway extension. The center point of the diameter of the cul-de-sac of Busse Parkway is hereby not required to align with the center line of Busse Parkway. 10. A departure is hereby granted to allow the construction of Busse Parkway extension with the construction of the public sidewalk only along the north side of the street. 11. A departure is hereby granted to allow the construction of the vehicle use area on Lot 1 with the minimum required vehicle use area street yard setback of 19 feet along Busse Parkway. 12. A departure is hereby granted to allow the construction of the vehicle use area on Lot 1 with no minimum required vehicle use area interior yard setback along the shared lot line between Lot 1 and Lot 2. 13. A departure is hereby granted to allow the construction of the vehicle use area on Lot 2 with the minimum required vehicle use area street yard setback of 24 feet along Higgins Road, and 19 feet along Busse Parkway. 14. A departure is hereby granted to allow the construction of the vehicle use area on Lot 2 with no minimum required vehicle use area interior yard setback along the shared lot line between Lot 1 and Lot 2. 15. A departure is hereby granted to allow the construction of the vehicle use area on Lot 3 with the minimum required vehicle use area street yard setback of 14 feet along Busse Parkway, and 25 feet along Randall Road. 16. A departure is hereby granted to allow the construction of a six-foot-high,open - 12 - design fence within the street yard on Lot 3. 17. A departure is hereby granted to allow the construction of a commercial operations yard within the street yard on Lot 3. Such commercial operations yard is hereby permitted to be screened with only landscape screening. 18. A departure is hereby granted to allow the construction of a refuse collection area in the street yard along Busse Parkway on Lot 3. Such refuse collection area shall be enclosed with a six-foot solid masonry wall matching the exterior of the building, and with landscaping on the exterior of such refuse enclosure wall. 19. A departure is hereby granted to allow the construction of the stormwater detention facilities within the Randall Highlands Industrial Park subdivision with side slopes exceeding the 4:1 ratio. 20. A departure is hereby granted to allow the construction of the stormwater detention facilities within the Randall Highlands Industrial Park subdivision with the maximum allowable water fluctuation level for a total of eight (8) feet of allowable bounce. 21. In the event that lots within this planned development, or buildings thereon, are reconfigured, the Development Administrator shall have the authority to resolve conflicts or otherwise determine the most appropriate use and site design regulations consistent with the purpose and intent of this planned development. 22. The location and design of vehicular access to the property, and the configuration of and required improvements to IL Route 72, Randall Road, and the associated rights-of-way are subject to the review and approval of the Illinois Department of Transportation and the Kane County Division of Transportation, respectively. 23. Compliance with all applicable codes and ordinances. H. Off Street Parking. In this PORI Planned Office Research Industrial District, off- street parking shall be subject to the provisions of Chapter 19.45 "Off Street Parking", of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following: 1. A departure from the minimum number of off-street parking spaces required is hereby granted as follows: a. All land uses classified as a permitted use on Lot 1 shall be required to provide one parking space per 2,000 square feet of building floor area. - 13 - b. All land uses classified as a permitted use on Lot 2 and Lot 3 shall be required to provide one parking space per 1,000 square feet of building floor area. All land uses classified as a conditional use shall provide the required number of parking spaces in compliance with the zoning ordinance requirements. I. Off Street Loading. In this PORI Planned Office Research Industrial District,off- street loading shall be subject to the provisions of Chapter 19.47 "Off Street Loading", of the Elgin Municipal Code, as amended. J. Signs. In this PORI Planned Office Research Industrial District, signs shall be subject to the provisions of 19.50"Street Graphics", of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following: 1. A departure is hereby granted to permit the construction of two (2) subdivision graphics. Such subdivision graphics shall comply with the sign ordinance. One monument graphic is hereby permitted to be install on each lot within the subdivision. Such monument graphics shall comply with the sign ordinance. A total of three (3) directional graphics are hereby permitted on Lot 1, two (2) directional graphics are hereby permitted on Lot 2, and two (2) directional graphics are hereby permitted on Lot 3. Such directional graphics shall comply with the sign ordinance. K. Nonconforming Uses and Structures. In this PORI Planned Office Research Industrial District, nonconforming uses and structures shall be subject to the provisions of Chapter 19.52 "Nonconforming Uses and Structures" of the Elgin Municipal Code, as amended. L. Amendments. In this PORI Planned Office Research Industrial District, text and map amendments shall be subject to the provisions of Chapter 19.55 "Amendments"of the Elgin Municipal Code, as amended M. Planned Developments. In this PORI Planned Office Research Industrial District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60 "Planned Developments" of the Elgin Municipal Code, as amended. A conditional use for a planned development may be requested by the property owner without requiring an amendment to this PORI zoning district. N. Conditional Uses. In this PORI Planned Office Research Industrial District, conditional uses shall be subject to the provisions of Chapter 19.65 "Conditional Uses", of the Elgin Municipal Code, as amended. A conditional use may be - 14 - requested by the property owner without requiring an amendment to this PORI zoning district. O. Variations. In this PORI Planned Office Research Industrial District, variations shall be subject to the provisions of Chapter 19.10.500 "Authorized Land Use Variations", Chapter 19.12.800 "Authorized Site Design Variations", and Chapter 19.70"Variations", of the Elgin Municipal Code, as amended. A variation may be requested by the property owner without requiring an amendment to this PORI zoning district. P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75 "Appeals",of the Elgin Municipal Code, as amended. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. David J. Kaptain, Mayor Presented: Passed: Vote: Yeas Nays: Recorded: Published: Attest: Kimberly A. Dewis, City Clerk - 15 - EXHIBIT D SITE SPECIFIC DEVELOPMENT TERMS Intentionally Omitted Page 22 of 26 EXHIBIT E STIPULATED IMPACT FEES AND DISCLOSURE OF IMPACT FEES Page 23 of 26 ANNEXATION AGREEMENT EXHIBIT E Applicable Impact and/or Recapture Fees for 53-acres at Randall Road&IL Route 72(Higgins Road) June 6,2022 The following impact and/or recapture fees are applicable to this development: 1. Public Safety NW Sub-Area (Ord.G03-02) 2022 rates for the NW Sub-Area are$1,098 per residential dwelling unit and$253 per 1,000 square feet of non-residential building, not to exceed$45,153 per non-residential building. These rates increase 3%annually. 2. North-Northwest Sanitary Sewer Recapture Area, North Randall Sub-Area(Ord.G21-03) 2022 rates for the North Randall Sub-Area is$1,411 per residential dwelling unit,$519 per 1,000 square feet of commercial building, and$324 per 1,000 square feet of industrial building, not to exceed$50,000 per building,whichever is less. Ord. G21-03 details how these rates are to be divided between the NW Interceptor and the N. Randall Interceptor Sewer. 3. Water System Capital Connection Fee See Section 17.04.050 of the Elgin Municipal Code, 1976 as amended. Notes 1. In event of any conflict between the rates and/or methodologies described above and rates and/or methodologies contained within the associated ordinance and/or applicable sections of the Elgin Municipal Code, 1976 as amended,the associated ordinance and/or applicable sections of the Elgin Municipal Code, 1976 as amended, shall prevail and control. 2. Unless otherwise specified with the above-referenced ordinances or the applicable sections of the Elgin Municipal Code, 1976 as amended, impact fees shall be calculated and due per building-- not per lot,zoning lot,or property. 3. Impact fees required by and due other agencies or jurisdictions(e.g. Kane County Transportation Impact Fee)are not listed here, and this Exhibit E does not in and of itself waive or otherwise exempt their applicability. Page 1 of 1 EXHIBIT F PLAT OF DEDICATION AND EASEMENT GRANT FOR BUSSE PARKWAY EXTENSION Page 24 of 26 PLAT OF DEDICATION & EASEMENT GRANT OJ-,9-b0-01] OJ-19-.00-01• FOR BUSSE PARKWAY EXTENSION OJINBR- N ENEA I—OE NE NEST N SWI PaR NCI NE S OWRTER OE SEE—I 19.—NSNIP•l NOSTN,—E a Lt O P RELL ESe E NpO NGS.LLC K,E.— N ON M T .—1 COONIY,IWNWe O.BOe]• S<.E_ES.Rlll505,e0174 CITY BASEMENT AREA •]e]S1—,EEET.O.,OD.RES= GRAPHIC SCALE DEDICATED AREA ,P eesi 1 13,ee0 SIXYAE iFET OR 0.391,CRESS BASIS OF BEARINGS TEMPORARY CONSTRUCTION AND p>; a o(. v. o- GRADING EASEMENT AREA unxurt srsrtN(p95s1",uPlc'O'>K TliaEls„�Us �xx�ON 50.051 SgINE fE£f OR t.l.p dCRESx ACCESS EASEMENT AREA Iep sOu.nE EEET= PN,m91•`a - ��------------ �eRIpEYc--I----- _ "'•s _ x r HEs91tIS fl0 P�,a n �"P'i � ..o. L.RTE 72 I!i I • it bN i I ,aN�rt 8 �a Q< I a �3 6 . R I / o s � I 5y t 9' p / ure.u.nwom � d$ a gl II I Ipa pI ,, —\ 3 , I �ulxia.rxa,'po�c Y E bb�j 5 REY - III 3y3p oz�w�.'d F BUSSE PARKWAY _ •I _ _ —TT- ��/ —— � a:owm�cAY I .min I =a R`ac a, I I bR 99 x9 uKauavom I i .a a„x WL9]RE,aNE.9T � RRaaEpR,.. . 1 0, SURVEYOR'S NOTES LINE TeBIE LINE TNRLE tt W TIBIE x"a'0� uNE LENGM LINE 9E4eNC LENGM CYRx RpeR15 IENGTx OIOM BEMINE W0110 .rwsxxEvs Case e�1 NN5°"wcwox��,o°vtixus.sxo°i rc�o.,.vrto REL011°FD 9Y.V� I( ui°ixxlou2s.RPw,u..usa[rNNis,°>K ppK.°R NSE tt �Wrt psms a 9n<9 a' sxlp'1, N9901srt L,ax,a 991,P rrtcam 9.r , 9a�. sm°TIY15 xppN.s'Irt Ipx P,Pgtts M>m a•,x,n gMMr yppylpy 1Rsw'Ip`a ,Rm9lsp FSRi Nsl L NRJ w¢9p nY,xm,4M,carol Np'tt I S= CP REAL ESTATE HOLDINGS,LLCHanha _ i I• CITY OF ELGIN,IWNOIS C O N S U L T I N G L T x x PLAT�. OEMCAMON i EASEMENT GRANT FOR BUSSE PARKWAY EXTENSION d -Z„r.w::,r�'"�.w..v�i9:�..w. ,...,....x.�...r-r.-9.,r.,......w.... PLAT OF DEDICATION & EASEMENT GRANT FOR BUSSE PARKWAY EXTENSION a.[A PNrt Cl M ICES!xAlf OF ME Swrt—OUAIEIll d SE—ID,r-I-P Q—.RNY'E°—I Of TK 11AMD PACCPAL YERS—,IN DU—lORx 0.—1 1WN1T,iUU— feu DEDICATION LWAL DESCRIPTION GRAAMR'S LWAL DAUMPT/OH AE Iw1D.w.of°xx�. ARr or ra xdN-1 wAAta a w.wrzR a sE nm lAEIEd Analm. �°K Awrl M fAAA uIXx n[smJ AID r0M51A",xIK COuxr.AkmiI.EAYSST PAR<uAR•aSCAie[0 AS AII.,i 01 I i 1/.d ME i I/.w�[llox 1R d ms dr 6 >d ca.[rAOAc Ar!xE fExrzA O SE mAr ME 6M: OF!"ENSE[ETO"°x�u.I N.µ°S S CAST OF°N1 A oeSr.AEd "NEOF .E °F 9CaxwxG.E M `d]Fw°11 11,°Al —SECTIO°Nx 1 rw.¢ mE x FEE,F. °our°En Ears«owzfcna' rxc/]A ME A I/.n. IT v AEA[rt,rz xadci uc .:.Iz°:cii.AKEEAEAc1_1 EA gcnx o:m e..lJ RE*�al I I'—­AEi - IPa-]�El�IM�[E rt� n. P r 'asrI J1312 M 'lla.3 jET oF1NE 1111` 1EIF ecaiwu,cM(EI PEEPT NEOEJ'I'lE�'so'rc`V.' 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OF aAx IAnd)."9ix CITY BASBI/SM LWAL Dd31CR/PPION f.a Ew KA= I/.a gSCO I.r° x,AS FAdM °M OF —Al.E OF°E THO' AS FOuOv5 dEx 1f1Dd..11wn EAST IF NI �AAD A.— Res nA.awf IF xoox..aM A..m___ s!w.w, M s w,xrzA a aAUE UNE.315 I/'�°f NEEr,°wirc MT 1/4m SUC DS TOA lv x,xE cw.T..�Luxas..orc PMa:uN1L•DESCAeED AS FauaAs. xrg((i TOxaP�!°ici,s*FE ,mAA.F.a,c AUCA. `ur°p1iE a I1°<"iwixusr°wIE S.EA n�� TO M EAST LwE 6 0KlAxfE a AD GigT°LK.A USInxR°F .4%M`T 12 ME UMGSi 1I FEEF� wK�x/µ AAr PER.—I las.mll5].°SAD cclxAEo A.w alx0 ME P eE xAx. i"°n' ",;K r Ell III .rNrzS 1°SECaUf KST,A MI"EAAAi°EL UK m IT M iAxu a]ieTMI III Ertwir io ixc)eTK(rE iE ocux DuxOEE.xAAE Cwxn,iwxdi.STATE Of s DEPARIxExt o mAxsPax],nd).in*orMsxiP a .III...nosh o ;A'0Es aJJ IS IT dI—PNALLEL IUAE.TM ".m..m.b.dlf Da.am.MAD.Ddf w w w� DATED AS aK Afir..1.._AFIAT.Ewe��`�TMa S LEGAL DESCRIPTION OF GRANTEE'S AID _ .mN.x, III.g,° LAND FOR ACCESS EASEMENT rtAmwo —1—FS1x°o�dAI DE—Td -xED ,:]f,ET!°°K=a1.1SE"�Ia�SI�gDdE1^ PIN: 03-19—i00-026 M"'TZ m1'Es SECOl OS Eat""iCflnEW I x4d`MUK°°!F"E'SWM[AS°r wMEiEn, TEMPORARY CONSTRUCTION AND GRADING aA!°A S IF f°l.ol FEET,, S w.=w. TE:DJ SEfa«EAST A.—_ —P� m AID 1111 FEET rc o SI—m PAw ro xwA ND DDE EASEXENT LdL^AL DESCRIPTION R10'AEiT-*:4 UK R:w a1'],(a aµ RDAC i I FEET TO .1 ALtEs,. __ °J°1w rts o°4c"abs F�s]AID Sr wARTDA w- Sr....KII w°awDEC w15xwI 1..1—sw Lvtls°SCIT A FAwlm xA.A.xD DUE TOwsw,xArcNORC-1—S.EAST If wwticuiw;oisa'nm Asiauo:n x IT-•Ar UIE."A to n EA uxE oF"cAEA1n 0 ICAATED 1 Tm : AT M EEITER OF SEDTd 11 dO SAO EAS!A-T 01 t 5EEC1U— '1 I EAST nrtx E xdKS, wARrzR OaF°Su0 4cnd 19:MEx aEsw m DEtMEI °z Cn IF i A P I IF NAVAOxF.11)"M IASI Sw111EAS"r x DEQEES I. •x0 tlSECCID1. uol BU54 If r,waxCr:"i)me x rt,n s ) 1.1 mxdK30 FEET ET1T1E le)US�u fawT,o_i$ To Escu'u EA"sr�'sEou'RIiERA'10°F wwc x a"D"EaE i�� '�`MSE DID III AN IF L rA1.w.10 w Aa FDA R.cmxn .1.PAR""`FEEl�ro D,�"E°aa"ccE R�„„„i:U. IF s.D wzsE PAR"RAr A aslAxcE OF ]AUCOD �(„saM a"(°."I;i,IS-ACE sou - - sAw PAaAUF. DAElI DI.wurzz 11 Ax wa ME Pax'IF a .C.LOCATED a xnc C-11.�uMas. 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A"xiw/0A In �S� S AWrtD xw[ Iw PROfEi9°" dAA'd v�AL x.K xo xxxRx,x¢avoA�un to nc emLc.•.wwd wo rn� / h F1w11m x]A[ Ex+AEs AwL w.wiA xeazm nw xo A ow.lw °rIARY.Nf� CP REAL ESTATE HOLDINGS,LLC M a n h a rd Y � 11 mg- CITY OFELGIN,IWNOIS ..... _.^..... — i ' CONSULTING Ig am ^� PLAT OF DEDICATION t EASEMENT GRANT FOR BUSSE PARKWAY EXTENSION o °"•7 .•w..AeA"e,s;�.. IA..w.x A.�.•..xww.A.1 EXHIBIT G PLAT OF EASEMENT-2601 GALVIN DRIVE PLAT OF EASEMENT FOR 2601 GALVIN DRIVE o�—HT og'o"+ OrER PART Di T,E PEST RAU' CDDN 1..TOYNSHn R2 NOR,N,PANGE 6 EAST D< THETIIRp PRNCIPAL YFRIIXW,IN WHDEE�1pRNRAP,—E CWNIY,11Npi OIINER• CKE I BFALDM STiEET.SUTE,top RECORDED BY AND RETURN TO I I clasp"" yam ISO DE%TER CWRT N. -20 GRAPIUC SCALE --- ----------- BASIS OF BEARINGS BBB _IMMMIIE PAWWAY 772 �-jL- JL`-_ GR 20'CITY EASEMENT µwu" . �PA�AY II «l � SURVEYOR'S NOTES —� TEMPORARY CONSTRUCTION GRADING EASEMENT I «PA:xN6ss j. i+«'.x Iccw°w w[n r x°,nnn«.vN° HEREBY GRANTED I P:,"..,,m cR[w,..1�I 9R � I x ..°R.m. .Pa•w..x.°�..�[:,°P<R,...w .. L EASEMENT LWEND I ! ------------- ---- -- I IIMN.WYM �ii I$� I ,a I I — — — — _ —4 TEJ/PoRARY CONSTRUCTION AND GRADING EASEMENT AREA 20' CITY EASEMENT AREA 27.D6I SOUN+E GET w 0.622 AGRES= SG E 1.612 O FT ON . IGR6= SWMSLNL 1 �) — _ \ LINE TARE ,WY I N_R I1h6"' LINE IAB[E CURIE TARE UNE KARNG LFNGM CURIE RADIUS IENGM CNORp BEARRG OIDM # M!Y NNDYi'R M.N' «wm w,nn s.rT6rt R 2N.>Y riY' .'YR riN' � N°°WIrt Ix ,n.S°' W YYIt CURIE TARE V� LW E RADUS U NCT CNONO BEAMNG »ORO I _•j ,3 2601 GALVIN DRIVE --- - _M a n h a rd Y } CITY OF ELGIN,ILLINOIS h' ate. PLAT OF EASEMENT := N � LTINCW ._..._ :�:N„�CONSU PLAT OF EASEMENT FOR 2601 GALVIN DRIVE °"'°" PAL N 00]-IF[DO-DI] ]-19-xG0-OI♦ OVER curt OR TI THE Mi.OR.0 WM wERiMw,ix DUx[fEl io[mSR.P,IfiANE COUNrv'zi-NOiS c[n +, GRANTOR'S TRACT LEGAL DESCRIPTION a�5 R �r r[ -, iE[n ro[i`wx'w[°`�n"�K a vu.n•..r.. wR�AR owe ¢r�rr�rea CITY EASEMENT LAVAL DESCRIPTION R xWR, WRn.[a� .a A. M RE—.:ate° RA[NE.WAx A NAxf CCw...'= M W OEWNES o]Aauhs�l Yip s° Eilshi, a S­EASl COl m xUhRf1 0°GnF°Wi1i5WMEr6v T ' 00, (xE _ REi)El Axlm�w[Ro R115 � NCS x vx ;TK ° SZW'l A.E'T ARC DISTaCl­ °fl.5l TREIRE SW D x A OA 1 DE[MES 5z N TES 27950 EOR SECwos , xESi.Ap A—WSTu F GfM.z RLi O mE PGNi GE BEUwING: _ i CURSE.Wx a•T[6_1 5 of 23,SO RET AR p41niCEiEET.°��WOM BEARwG H�TH ei 1 a xORTmi�E OD_'S DO Aw rzS 05 SECOpS rt ST,A WSTAN¢6[.fz MT.m �, •ptAfr.r r.Ap ra m aS_5 p N'R1°xu2S'a__S E.,..A•WST¢OF OT S1A[FF!t0 5 C NSSE N v;MNCE CAS-1 u -T 1 MT. dsWiu10f0i¢OF TUT TUT TO _6 BEGwIwG. Y[b105 FAST,AND 5 _ —_---__—__ TEWTO)URY CONSTRUCTION AND GRADING EASEWENT LAVAL DESCRIPTION OF IT 0)N.%1"S[CONOS f•si, [R ai BUSY vARNRAr RER pOLAMH°i5E OT i OC SxOE]]5z ANp MURO.i 6 RfapiNG. SrArz a u.Ws) OT P=IAII.l a RE (RECwo�m rtl1 TO muxnzxAxFl A v,COx Slm xG A[vd C S�O sWl I.tLv UNEµBfM N+Ro[EO _�JIAr o___—_AO 50__ Re C(aai K3l S. T(R2",Wr-ET)NunmSe oE'G SCAIA°1]E W 6 i an mRn x Flux.uwm YCWps,aE511,un�za°Ro WS1AxCE�z1A.)x sFEt(RECwa [.rFFi)t0 A h't IW5p53]firM axMIWST — EAS­1 1­9¢Am ANa Or IS[[FT.Mx¢NMm es rm•M x.R D:STAACE OT 19 R[T.MxC[SW os EST,A OAS 111TAACT OT W rFFT,mpCE 9 A ].N rFEI,MNCE SOAOU Wlr WDxI a ROE SC�m zs xl--D--- w ES I SECaaS[AST.A ERSTARC[OT M.)5 ET TO M PM OT 9EOpw1[M WH T NUT('h55 9�oxr xEA[w As - T iL 0 Ra — sT•T[W uwu 1 �� [awn 6 wx•¢1 rinsW.R..•o EaR=pxi•s w•s W[A[O x[azsa.rw Au as Uzs Ap w.oaa x•.-0•p 9,N ms mm°•.OF u..•°-1 uRas OT aax —1 vaa.—I..m M•raE T.l°—1 uOmx[RNn [mz RM1�z0 41­ �.ranu'mifc [RRRs An[[n Rnl pu5a•Tx.p.�R•omm p►ff,RED~ o/W,¢ O Awc°°ix IT MI GAL DRIVE �_Han a --- - _. q CITY OF ELGIN,IWNOIS CONSULT I N G L T D �1 � PLAT OF EASEMENT "' EXHIBIT H ENGINEER'S OPINION OF PROBABLE COSTS RANDALL HIGHLANDS-BUSSE PARKWAY OFFSITE IMPROVEMENT COSTS Exhibit H ENGINEER'S OPINION OF PROBABLE COST RANDALL HIGHLANDS-BUSSE PARKWAY OFFSITE IMPROVEMENT COSTS CITY OF ELGIN,ILLINOIS M a n h a rd 7/19/2022 C O H n ITEM DESCRIPTION QUANTITY UNIT UNIT EXTENSION SCHEDULE I-EXCAVATION AND GRADING IMPROVEMENTS 1 North Land Sale(ROW,Permanent City Easement, 1 LUMP SUM $ 100.000.00 $ 100,000.00 Temporary Grading Easement-Total 62,731 SF) 2 South Land Sale(Watermain Easement,Temporary 1 LUMP SUM $ - $ - Grading Easement-Total 27,079 SF) 3 Mass Grading 2.25 ACRE $ 40,000.00 $ 90,000.00 4 Selective Demoliton(block wall,trailer relocate,gravel; 1 LUMP SUM $ 25,000.00 $ 25,000.00 5 Construction Entrance 1 LUMP SUM $ 5,000.00 $ 5,000.00 6 Sill Fence(Non-Wire Back) 490 LF $2.75 $ 1,347.50 7 Tree Removal-Acres 0.25 ACRE $ 4,000.00 $ 1,000.00 8 Topsoil Stripping and Stockpiling 4300 CY $ 3.50 $ 15,050.00 9 Backfill Curb 825 LF $ 2.00 $ 1,650.00 10 6"Topsoil Respread and Seeding 9000 SY $ 3.50 $ 31,500.00 11 Temporary Seeding 1.85 ACRE $ 2,500.00 $ 4,625.00 12 Erosion Control Blanket(NAG DS-75) 2150 SY $ 1.50 $ 3,225.00 TOTAL SCHEDULE I-EXCAVATION AND GRADING IMPROVEMENTS $ 298,397.50 SCHEDULE II-WATERMAINIMPROVEMENTS 1 12"Zinc Coated Ductile Iron Water Main 230 LF $ 65.00 $ 14,950.00 2 12"Valve&Vault,STD 5'Dia.w/FR&Lid 1 EACH $ 6,500.00 $ 6,500.00 3 Dry Connection 1 EACH $ 2,000.00 $ 2,000.00 TOTAL SCHEDULE II-WATERMAIN IMPROVEMENTS $ 23,450.00 SCHEDULE III-OFF-SITE ROADWAY IMPROVEMENTS 1 Subgrade Preparation-Fine Grading 1850 SY $ 1.50 $ 2,775.00 2 Aggregate Base Course,SuperPave-5" 1400 SY $ 15.00 $ 21,000.00 3 Aggregate Base Course-4" 1600 SY $ 8.00 $ 12,800.00 4 Gravel Driveway-6"CA-6 with Geotextile Fabric 550 SY $ 30.00 $ 16,500.00 5 Hot-Mix Asphalt Binder Course,N50-2.5" 1400 SY $ 13.00 $ 18,200.00 6 PCC Pavement 6" 200 SY $ 48.00 $ 9,600.00 7 Hot-Mix Asphalt Surface Course,N50-1.5" 1400 SY $ 8.50 $ 11,900.00 8 Concrete Curb Type B-6.18 825 LF $ 45.00 $ 37,125.00 9 Curb&Gutter Removal 40 LF $ 10.00 $ 400.00 10 Pavement Removal,Full Depth 20 SY $ 12.00 $ 240.00 11 Sawcut Pavement,Full Depth 75 LF $ 3.50 $ 262.50 12 PCC Sidewalk-4"with Subbase 2000 SF $ 6.50 $ 13,000.00 13 PCC Sidewalk(Driveway)-6"with Subbase 40 SY $ 48.00 $ 1,920.00 14 Detectable Warnings 3 SF $ 20.00 $ 60.00 15 Pavement Markings 1 LUMP SUM $ 2,500.00 $ 2,500.00 16 Street Sign 1 EACH $ 700.00 $ 700.00 17 Street Lights 1 EACH $ 7,000.00 $ 7,000.00 18 Seed and Blanket 8900 SY $ 2.50 $ 22,250.00 TOTAL SCHEDULE III-OFFSITE ROADWAY IMPROVEMENTS $ 155,982.50 SUBTOTAL SCHEDULES 14V $ 477,830.00 ENGINEERING AT 6% $28,669.80 SURVEYING AT 3% $14,334.90 CONTINGENCY @15% $ 47,783.00 TOTAL $ 568,617.70 Prepared By: Manhard Consulting,Ltd. 116 West Illinois Street,Floor 7 Chicago,Illinois 60654 NOTE:This Engineer's Opinion of Probable Cost is made on the basis of Engineers experience and qualifications using plan quantities and represents Engineer's best judgment as an experienced and qualified professional engineer generally familiar with the construction industry. However,since the Engineer has no control over the cost of labor,materials,equipment or services furnished by others,or over the Contractor's methods of determining prices,or over competitive bidding or market conditions,or over quantifies of work actually performed,Engineer cannot and does not guarantee that proposals,bids or actual Construction Cost will not vary from Opinions of Probable Cost prepared by Engineer.This Opinion of Probable Construction Cost is limited to those items stated herein and does not include permit fees,recapture casts,consultant fees landscaping,dewatering,maintenance,bonds or the like.