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Home My WebLink About22-218 Resolution No. 22-218 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT FOR 8.321-ACRES AT NORTHEAST CORNER OF LAMBERT LANE AND US-20 (LAKE STREET), ELGIN, ILLINOIS WITH SUSAN L. METZGER, TRUSTEE OF THE SUSAN L. METZGER TRUST DATED 6/6/2002, KAREN G. GALLER N/K/A KAREN GILBERTSON, TRUSTEE OF THE METZGER FAMILY TRUST NO. 101 DATED 6/6/2020 AND BLUESTONE NET LEASE PROPERTIES, LLC (Thorntons Development) 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, the corporate authorities of the City of Elgin desire to annex said territory upon certain terms and conditions; and WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a public hearing has been held after due notice as required by law and all persons appearing and wishing to testify concerning the proposed annexation agreement have been heard; and WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin that it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute on behalf of the City of Elgin an annexation agreement in the form attached hereto as Exhibit A and incorporated herein by reference. Section 2. That this resolution shall be effective from and after its passage as provided by law. s/David J. Kaptain David J. Kaptain, Mayor Presented: December 7, 2022 Adopted: December 7, 2022 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk 2 ANNEXATION AGREEMENT Prepared by and Mail To: William Cogley Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120 PIN: 06-29-201-006-0000 & 06-20-400-016-0000 Address: 30 West Lake Street Bartlett, IL 60103 Resolution No. 22-218 ANNEXATION AGREEMENT FOR 8.321-ACRES AT NORTHEAST CORNER OF LAMBERT LANE AND US-20 (LAKE STREET),ELGIN,ILLINOIS (THORNTONS DEVELOPMENT) THIS AGREEMENT made and entered into this 7th day of December , 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"), Susan L. Metzger, Trustee of the Susan L.Metzger Trust dated 6/6/2002 as to an undivided 80%interest and Karen G. Galler,n/k/a Karen Gilbertson,Trustee of the Metzger Family Trust No. 101 dated 6/6/2020 as to an undivided 20% interest (hereinafter collectively referred to as the "Owner"), and Bluestone Net Lease Properties, LLC, or its assignee (hereinafter referred to as the "Developer" as the future owner of the Subject Property and collectively with the City and the Owner,the"Parties"). WHEREAS, Owner is the owner of record of the real property described in Exhibit "A", which is attached hereto and made a part hereof(which real property,for convenience,is hereafter referred to as the "Subject Property") and which real estate is not within the corporate limits of any municipality but is contiguous to the corporate limits of the City of Elgin; and WHEREAS,the Developer has entered into a purchase and sale agreement for the Subject Property with Owner to develop the Subject Property as a convenience store with fuel and Developer has identified Thorntons LLC ("Thorntons") as their tenant for the Subject Property. WHEREAS, Owner desires to annex the Subject Property to the City upon terms and conditions recited in this Agreement; and WHEREAS, Owner, after full consideration,recognizes the many advantages and benefits resulting from the annexation of the Subject Property to the City; and WHEREAS, the Subject Property constitutes territory which is contiguous to and may be annexed to the City of Elgin as provided in Article 7 of the Illinois Municipal Code(65 ILCS 5/7- 1-1 et seq.); and WHEREAS,the Subject Property is located within the Bartlett Fire Protection District,and whereas each of the Trustees of said District was notified in writing by certified or registered mail at least ten(10) days by the City in advance of any action taken with respect to the annexation of the Subject Property, and whereas an affidavit that service of the said notice had been provided has been filed with the County Recorder; and WHEREAS,the Mayor and City Council of the City(Corporate Authorities)have duly set a date, time and place for a public hearing on this Annexation Agreement, and have caused due notice to be made of said public hearing through publication in the Daily Herald, a newspaper of general circulation in the community, and the City has held such public hearing; and WHEREAS, the Corporate Authorities of the City, after due and careful consideration, have concluded that the annexation of the Subject Property to the City on the terms and conditions hereinafter set forth is in the best interests of the City; and WHEREAS,pursuant to notice as required by statute and ordinance public hearings were 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. A. The foregoing recitals and any attached exhibits are material to this Agreement and are hereby incorporated into and made a part of this Agreement. B. This Agreement is made pursuant to and in accordance with the provisions of Section 11 of the Illinois Municipal Code(65 ILCS 5/11-15.1.1 et seq.), and in the exercise of the home rule power of the City. 2. A. The Corporate Authorities, within 30 days following: (a) the execution of this Agreement, (b)the receipt of a current title report verifying the owner of record of the Subject Property by the City Clerk,(c)the filing of Owner's Petition for Annexation in form and substance as required by law, (d) the receipt of a certified copy of the ordinance annexing the Subject Property to either the Fox River Water Reclamation District ("FRWRD") or the Metropolitan Water Reclamation District("MWRD"), (e)the receipt by the City of Developer's payment of the disconnection fee to the Bartlett Fire Protection District referred to in Section 33 hereof, and (f) receipt of evidence that Developer has acquired fee simple title to the Subject Property from the -2- Owner, shall pass an ordinance annexing the Subject Property to the City. The Annexation Plat for the subject ordinance shall be in the form of Exhibit B attached hereto and made a part hereof. B. This Agreement,including,but not limited to,the annexation of the Subject Property and the rezoning to the PNB district, is subject to and conditioned upon the Developer purchasing and acquiring fee simple title to the Subject Property from the Owner. Should the Developer not purchase the Subject Property from the Owner and acquire fee simple title to the Subject Property within one hundred twenty(120)days following the execution of the Agreement, or in the event the Developer fails to file the materials described in Section 2A above with the City Clerk within one hundred twenty(120) days following the execution of this Agreement, the City or the Owner may elect to terminate this Agreement by providing written notice to all of the other parties to the Agreement. In the event of such written notice is given in accordance with the preceding sentence, then this Agreement shall be deemed terminated without further obligations of the parties hereunder. 3. A. Immediately after the passage of the ordinance annexing the Subject Property, as provided in paragraph 2 hereof, the Corporate Authorities shall pass or adopt the following ordinances and/or resolutions(the"Zoning Approvals"): i. an ordinance in the form attached hereto in Exhibit C approving a planned development as a map amendment amending the zoning of the Subject Property to the PNB (Planned Neighborhood Business)District; ii. an ordinance in the form attached hereto in Exhibit D approving a conditional use within the PNB District for accessory packaged liquor sales establishment and a convenience store,operated on a twenty-four(24)hour basis; 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 for the term of this Agreement. C. The Subject Property and the Development contemplated herein shall be developed in substantial conformance with the PNB planned development ordinance and the conditional use ordinance referred to in Section 3 hereof. Engineering for the Subject Property and the Development contemplated herein shall be in substantial conformance with the Preliminary Engineering Plans prepared by Manhard Consulting,Ltd., dated June 15,2022, consisting of four (4) pages, with last revised dates of September 2, 2022 and August 12, 2022, attached hereto as Exhibit E,with such further revisions thereto as required by the City Engineer in order to conform with applicable ordinances, City engineering specifications and other applicable requirements of law (hereinafter referred to as the "Preliminary Engineering Plans"). The City and the Developer agree to make reasonable modifications to the Preliminary Engineering Plans and/or the landscaping 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 Preliminary Plat of Subdivision.The parties agree that changes to planned developments provided for in Elgin Municipal Code Section 19.60.200,as amended,may -3- be approved by the City's Development Administrator without public hearings and without formal amendment to this Agreement. D. Intentionally Omitted. E. Developer shall be responsible at its cost for the construction and installation of those off-site and on-site public improvements and utilities consisting of storm sewers, sanitary 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 preliminary engineering plans for the Subject Property,with such revisions thereto as hereinafter approved by the City Engineer. Notwithstanding anything to the contrary in this Agreement,all utilities including,but not limited to,water,sanitary sewer,storm sewer,telephone, electric, gas and cable television lines, as are needed to service the Subject Property, whether offsite or onsite, shall be installed underground at Developer's cost. Additionally, and notwithstanding anything to the contrary in this Agreement, all existing above ground utilities on the Subject Property or adjacent thereto, including but not limited to, electric,telephone and cable television lines, shall be relocated underground at Developer's cost. Except as otherwise specifically provided herein,public improvements shall be required only for those areas which are included in each fmal plat or plats of planned unit development, subdivision, or resubdivision except for such off-site public improvements, including but not limited to water main loops, sanitary sewer facilities,and storm water management facilities as the City may reasonably require based upon generally accepted engineering standards. Adequate security as provided by law shall also be furnished by Developer for any such improvements. Developer shall dedicate to the City, and, the City shall accept, all municipal utility easements, including 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. 4. Developer represents that it currently understands that no off-site utility easements required to service the Subject Property. The City agrees that in the event such easements become necessary and Developer is unable to obtain said utility easements over,under, across, or through property not owned by the City or under the City's control which may be necessary or appropriate for the development of the Subject Property at a cost and on conditions acceptable to Developer; the City shall use, to the full extent permitted by law, its eminent domain power to secure all easements. Prior to commencing any condemnation action, Developer shall submit, for City review and approval written documentation demonstrating that Developer has pursued reasonable alternatives for the acquisition of such easements, and Developer shall deposit with City the amount of funds necessary to pursue eminent domain action. All such actions and acquisitions by the City shall be at no cost to the City, which costs shall be borne solely by the Developer. The City shall issue no building permits until the required utility easements have been secured and recorded. 5. A. Developer shall comply with the Elgin Municipal Code, Title 17- Development Impact Fees, as amended, and pay the fees when due as required therein. -4- B. The calculation of the City's impact fees and contributions under current City ordinances and policies is attached hereto as Exhibit F. Notwithstanding anything to the contrary in this Agreement,it is agreed and understood that the Developer and their successors and assigns shall be subject to and shall be required to pay any and all new and/or increased fees and/or other contributions adopted by the City. Developer and their successors, assigns and the grantees of their properties, hereby acknowledge the propriety, necessity and the legality of any such new and/or increased fees or other contributions and do further hereby agree and do waive any and all rights to any and all legal or other challenges or defenses to any such new and/or increased fees and/or contributions and hereby agree and covenant on behalf of themselves and their successors, assigns and grantees of their properties not to sue the City or maintain any legal action or other defense against the City with respect to any such new and/or increased fees and/or contributions. Notwithstanding anything to the contrary in this Agreement, it is further agreed and understood that in no event and under no circumstances shall the Developer and/or their successors and assigns pay fees and/or other contributions less than the amounts in effect as of the entry into this Agreement. Nothing herein prevents the Developer from prepaying any impact fees in order to avoid subsequent impact fee increases or from filing legal action of the nature contemplated under Section 35 hereof,the filing of which shall be expressly permitted. 6. Developer agrees that, except as otherwise specifically set forth below in this Agreement or in the PNB planned development ordinance and the conditional use ordinance referred to in Section 3 hereof, the Subject Property shall be developed in conformance with any applicable open space policies included in the City of Elgin Comprehensive Plan, dated 2018, as amended, and is incorporated herein by reference. 7. Developer shall cause all portions of Subject Property depicted on the Preliminary Engineering Plans as wetlands, screening berms and entry ponds, common open space area, storm water retention areas, and dry detention areas to be retained by Developer. Stormwater drainage easements in favor of the City shall be recorded in the stormwater management areas on the Subject Property and shall be submitted to the City's Corporation Counsel for review and approval prior to final engineering approval, and shall be recorded along with other easements in favor of the City, at Developer's expense. 8. Except as specifically permitted pursuant to variation or planned development approval, or paragraphs 9 and 10 of this Agreement, all aspects of the development and use of the Subject Property and construction and installation of improvements thereon,both on-site and off- site, shall comply fully with all applicable City ordinances and codes. 9. If during the term of this Agreement and after final plat or planned development approval, any existing, amended, modified or new ordinances, codes or regulations of general applicability throughout the community to a land developer or subdivider affecting the installation of land improvements (streets, underground utilities, sidewalks, curbs and gutters) upon the Subject Property are amended or modified in any manner to impose additional requirements on the installation of land improvements within the City, the burden of such additional requirements shall not apply to the Subject Property. This paragraph shall not apply to any changes and/or increases in fees and/or contributions imposed by the City. -5- 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 Developer, and anything to the contrary contained herein notwithstanding, 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 recapture and/or reimbursement ordinances heretofore or hereinafter adopted by the City, 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. 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 recapture and/or reimbursement ordinances heretofore or hereinafter adopted by the City, and with the payment of applicable fees. At Developer's expense,City agrees to cooperate with Developer in obtaining all necessary Illinois Environmental Protection Agency (IEPA) permits required for such water main extensions and tie-ins. Developer shall bear all costs for extensions,tie-ins and permits consistent with applicable City ordinances. Developer shall be responsible for the extension of water mains to the far edges of the Subject Property subject to review and approval by the City Engineer. Developer shall install water line extension improvements on the Subject Property in compliance with the Final Engineering Plans approved by the City Engineer for each,phase of the development. 13. Upon review and recommendation by the City Engineer, the City Council shall accept all public rights-of-way and improvements located thereon,sanitary sewers,storm drainage sewers and water mains lying within public rights-of-way or public easements on the Subject Property. Any improvements located in private rights-of-way shall be installed in easements dedicated for and acceptable to the City. The sewer and water service lines (from the buffalo box to the residential or commercial unit, as the case may be) shall not be owned or maintained by the City. Developer shall replace or repair damage to public improvements installed within,under or upon the Subject Property resulting from construction activities by Developer and its employees, agents,contractors and subcontractors prior to final acceptance by the City,but shall not be deemed hereby to have released any such other part from liability or obligations in this regard. Acceptance of public improvements by the City shall be consistent with applicable City ordinances. -6- 14. Intentionally Omitted. 15. All structures to be constructed on the Subject Property shall be designed, constructed and maintained in conformation with the requirements of the Planned Development 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, or anything else to the contrary in this Agreement, no action shall be commenced by the Owner and/or Developer, or any of their successors, assigns,and/or the grantees of their properties, against the City, its officials, officers, employees, agents, attorneys or any other related entity or person, for monetary damages but excluding any legal action of the nature contemplated under Section 35 hereof,the filing of which shall be expressly permitted. 17. This Annexation Agreement shall be in effect for a period of twenty(20)years from the date of execution hereof and shall be binding upon and inure to the benefit of the parties hereto, and their heirs, successors and assigns of all or any part of the Subject Property. 18. Developer shall be responsible for costs associated with filing and recording of the plat of annexation and any plat or plats 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. After the annexation of the Subject Property to the City, it is agreed that the City may 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 Developer 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 Developer and any of the Developer's 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 -7- obligation of the City to provide for such maintenance,repairs,reconstruction or replacement. 22. Intentionally Omitted. 23. Whenever consent or approval of the City is required in order for Developer to accomplish the purpose and intent hereof, such consent shall not be unreasonably withheld, conditioned, or unduly delayed. If such consent or approval is denied, such denial shall be in writing and shall specify the reason or reasons for such denial. 24. Except as may be required pursuant to the Kane County Storm Water Management Ordinance or the Cook County Storm Water Management Ordinance, the City shall issue no stop orders directing work stoppages on buildings or parts of the Subject Property without setting forth the alleged violations in writing, and Developer shall forthwith proceed to correct such violations as may exist. 25. The City agrees to issue, within a reasonable time after initial submission, review, and approval of building construction plans, and the payment of required building permit fees and all other applicable fees, all necessary building and other permits for the construction of any and all improvements on the Subject Property or issue a letter of denial within said period of time informing Developer and the applicant as to wherein the application does not conform to the stated section of the Code. The issuance of a building permit, in and of itself, shall not be construed as a guarantee that a Certificate of Occupancy shall be issued, it being the intention of the parties that the issuance of a Certificate of Occupancy shall be subject to the provisions of Paragraph 26 hereof. 26. The City agrees to issue Certificates of Occupancy within a reasonable time after application or to issue a letter of denial within said period of time informing Developer and the individual or entity to whom the building permit was issued specifically as to those corrections necessary as a condition to the issuance of a Certificate of Occupancy and quoting the section of the Code relied upon by the City in its request for correction. The City agrees that Certificates of Occupancy (temporary or permanent, as the case may be) shall be issued upon (a) proper application of the appropriate party, (b) compliance with all applicable building codes, zoning ordinance requirements and other applicable requirements of law, and(c)receipt and approval by the City of a performance bond (or a suitable alternative such as an irrevocable letter of credit or a cash deposit)covering one hundred twenty-five(125%)percent of the cost of any incomplete site work. The City shall allow one master bond at a mutually agreed upon amount to cover any incomplete work for multiple numbers of dwelling units, which amount shall be increased in the event the City determines that the amount of the bond is insufficient. 27. A. It is understood that prior to the construction of any streets or any other public improvements,Developer shall submit the required plans, fmal 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. Upon installation of the asphalt base course and upon completion of other portions of the improvements, the security shall be reduced to an amount which, in the opinion of the City Engineer, is sufficient to ensure completion of the work yet to be performed. Such surety bond or other security shall continue in full force and effect upon the sale or -8- conveyance of any or all portion of the Subject Property unless the purchaser or transferee agrees to complete the improvements in accordance with plans therefore approved by the City and delivers to the City a surety bond or other security to cover those obligations, which surety bond or other security shall be subject to the approval of the City. These provisions supersede any alleged contrary provisions in this Agreement. B. The acceptance of public improvements by the City shall (i) be accomplished within a reasonable time after notice of completion by Developer and full compliance with applicable codes and ordinances, (ii) follow the posting by Developer of a guarantee bond acceptable to the City in accordance with applicable ordinances, and (iii) be made only by the passage of a resolution by the City Council of the City after filing with the City Clerk of a certificate by the City Engineer certifying that all such improvements have been completed and the construction or installation thereof has been approved by him. If appropriate under the circumstances, such acceptance shall be in phases, as such phases are complete. C. From and after the acceptance of any public improvements by the City, such public improvements shall be maintained, reconstructed, repaired, and replaced by the City and all cost and expense of operation, maintenance, repair, reconstruction, and replacement of such public improvements shall be the sole responsibility of the City. Warranty period bonding or a suitable alternative(such as an irrevocable letter of credit or a cash deposit)shall be provided in accordance with ordinances of the City. D. It shall be a condition to the City's obligation to accept dedication of any public improvement that the dedication of such improvement be accompanied by the grant of appropriate easements to permit the City to carry out its responsibilities with respect to such improvements. 28. The parties hereto agree that there has been taken all action required by law, including the holding of such hearings as may be required, to bring about the amendments to the Zoning Ordinance of the City and other related ordinance amendments as may be necessary or proper in order to zone and classify the Subject Property so as to enable the same to be used and developed as contemplated herein and to enable the parties to execute this Agreement and fully carry out the covenants, agreements,duties, and obligations created and imposed by the terms and conditions hereof. 29. Intentionally Omitted. 30. A. Prior to the commencement of the construction and final plat approval, the -Developer shall submit to the City Zoning Administrator a plan showing the location of all proposed temporary construction and trailers/offices,including parking areas,fencing,signage and landscape treatment. Said plan shall also indicate the one general location of where all construction and material storage trailers other than the trailers for the sales office shall be located. The Developer shall be permitted one (1) construction trailer and up to three (3) material storage trailers.The Developer shall have the right to use the construction and material storage trailers for the purpose of its construction and sales activities until construction is completed on the Subject Property. The Developer shall keep such area free of debris and rubbish and keep the area free of weeds and in a mowed condition, and the City may inspect such area from time to time to -9- determine that Developer is in compliance with its obligations hereunder. B. Construction of temporary facilities shall be in compliance with the provisions of the City's building code, except that sewer and water need not be connected to the temporary facilities. Paved drives and parking areas(weather permitting) shall be provided to accommodate vehicular access to all temporary sales trailers/office facilities. The Developer agrees to hold the City harmless for any liability associated with the installation and operation of any temporary facilities. 31. Intentionally Omitted. 32. Developer shall at all times post in a conspicuous place within the construction office, a copy of the Development Plan and a map designating surrounding land uses and public properties on adjacent lands. 33. The Developer shall pay (or reimburse the City for payment of) the disconnection fee, if any,payable to the Bartlett Fire Protection District under the provisions of 70 ILCS 705/20 (e). At the time of annexation, the Developer shall deposit with the City the amount of such disconnection fee; provided, however, that if such disconnection fee cannot be determined with precision, then the Developer shall deposit with the City the estimated amount of such disconnection fee (based on the last ascertainable tax bill), and upon the issuance of the final tax bill upon which such calculation and loss, according to statute, be based, the City and the Developer shall equitably readjust the amount of such payment. 34. This Agreement is and shall be deemed and construed to be the joint and collective work product of the City and Developer and,as such,this Agreement shall not be construed against any party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity,vagueness or conflict in terms or provisions,if any, contained herein. 35. Notwithstanding anything to the contrary contained in Paragraph 16 of the Agreement, it is agreed that the parties hereto shall have the following rights and remedies in the event of a breach or default hereunder. (a) enforce or compel the performance of this Agreement, at law or in equity by suit, action, mandamus, or any other proceeding, including specific performance; (b) maintain an action to recover any sums which the other party has agreed to pay pursuant to this Agreement and which have become due and remain unpaid for more than 15 days following written notice of such delinquency. It is expressly acknowledged and agreed that except as provided in subparagraph(b)above, neither party shall have the right to seek or recover a judgment for monetary damage against the other or their respective officers, directors, employees, agents or elected public officials. -10- 36. This Agreement is adopted pursuant to the provisions of the Illinois Municipal Code; provided, however, that any limitations in the Illinois Municipal Code in conflict with the provisions of this Agreement shall not be applicable, and as to all such provisions the City hereby exercises its powers pursuant to the provisions of Article VII, Section 6 of the Constitution of the. State of Illinois. Simultaneously with the annexation of the Subject Property and without further public hearings, the City agrees, to the extent it may lawfully do so, to adopt such ordinances as may be necessary to effectuate the use of its home rule powers. The City recognizes and agrees that the entry into this Agreement, the annexation of the Subject Property to the City, and the zoning of the Subject Property as set forth in Paragraph 3 hereof, are upon the express reliance by Developer that the terms and provisions of this Agreement shall be valid for the term set forth in Paragraph 17 hereof and that the City shall take no action which shall in any way be contrary to, or inconsistent with,the terms and provisions of this Agreement. 37. The provisions contained herein shall survive the annexation of the Subject Property and shall not be merged or expunged by the annexation of the Subject Property or any part thereof to the City. This Agreement shall be construed under the laws of the State of Illinois. The parties agree that venue shall be proper only in the Circuit Court for the Sixteenth Judicial Circuit,Kane County, Illinois. 38. A. The City acknowledges that Thorntons as the operator of the convenience store and gas station shall be seeking a license from the City and the State of Illinois for accessory package sales of alcoholic liquor on the Subject Property pursuant to a Class B-5 accessory packages sales license of the City. The City further acknowledges that Thorntons as the operator of the convenience store and gas station shall be seeking a license from the City and the State of Illinois as a"Licensed truck stop establishment" to offer video gaming for not more than six (6) video gaming terminals at the Subject Property under the regulations promulgated by the Illinois Gaming Board and the City. Provided all applicable conditions necessary for the issuance of such licenses thereof have been satisfied the Corporate Authorities shall issue the licenses contemplated in this Paragraph within sixty(60)days following the receipt of completed applications therefore. 39. Notices or other writings which any party is required or may wish to serve upon any other party in connection with this Agreement shall be in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, or by a nationally recognized overnight courier,prepaid, addressed as follows: If to the City or to the Corporate Authorities: City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attention: City Clerk With a copy to: City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attention: Corporation Counsel -11- If to Developer: Bluestone Net Lease Properties,LLC do Rick Claes 301 W. Grand Avenue,Unit 172 Chicago, IL 60654 Email: rick.claesAbluestonestp.com With a copy to: Thomas R. Burney Law Office of Thomas R. Burney,LLC 40 Brink Street Crystal Lake, IL 60014 If to Owner: Susan Metzger 4533-C Starflower Drive Ft. Collins, CO 80526 Email: smetzger725@yahoo.com Karen G. Galler,n/k/a Karen Gilbertson 8574 Bluestem Drive Victoria, MN 55386 Email: kgaller68@gmail.com With a copy to: Richard L.Heimberg Huck Bouma 2425 Royal Blvd. Elgin, IL 60123 Email: rheimberg@huckbouma.com If to Thornton: Thornton LLC 2600 James Thornton Way Louisville,KY 40245 Attention: Chief Development Officer—Legal Notice Enclosed Email: realestate@mythorntons.com With a copy to: Thorntons LLC 2600 James Thornton Way Louisville,KY 40245 Attention: General Counsel and Chief Legal Officer—Legal Notice Enclosed Email: legaldepartment@mythorntons.com -12- 40. Intentionally Omitted. 41: It is agreed that time is of the essence of this Agreement and each and every term and condition hereof and that the parties shall make every reasonable effort to expedite the matters included herein. 42. The City and Developer agree to take all steps necessary or appropriate to carry out the terms of this Agreement and to aid and assist the other party, including enactment of such resolutions and ordinances and the taking of such other actions as may be necessary or desirable to enable the parties to comply with and give effect to the terms of this Agreement. 43. This Agreement shall insure to the benefit of, and be binding upon, the parties hereto, the successors in title of the Owner and Developer, and each of them, their respective successors,grantees,lessees,and assigns,and upon successor corporate authorities of the City and successor municipalities. 44. This Agreement may be executed in any number of counterparts and duplicate originals, each of which shall be deemed an original,but all of which shall constitute one and the same instruments. 45. This Agreement constitutes a covenant running with the land composing the Subject Property, binding upon the parties hereto, the successors in title of the Owner and Developer and each of them, all grantees, successors, and assigns of the respective parties hereto, including successor corporate authorities and successor municipalities of the City. The City shall record this Agreement at Developer's expense. 46. In the event any phrase,paragraph, article or portion of this Agreement is found to be invalid or illegal by any court of competent jurisdiction, such fmding of invalidity as to that portion shall not affect the validity, legality or enforceability of the remaining portions of this Agreement. 47. The Owner and/or Developer and any of the Owner and/or Developer's successors in interest shall not file, cause to be filed, or take any action that would result in the disconnection or deannexation of the Subject Property from the City of Elgin during the term of this Agreement. Without limiting the foregoing,the Owner and Developer on behalf of themselves and any of their grantees and successors in interest hereby waive any and all rights, statutory or otherwise, to disconnect the Subject Property from the City of Elgin. 48. It is agreed that in the event the Owner and/or Developer and/or or any of the Owner and/or Developer's grantees and successors in interest, propose to amend the zoning ordinances referred to in Paragraph 3 of this Agreement, above, then any such proposed rezoning or amendment to such zoning ordinances shall require the amendment of this Agreement upon the terms and conditions which are acceptable to the City,in the City's sole discretion. However,with respect to the requirement of the Owner's signature only the written approval of the legal -13- titleholder of the interest in the property affected by the amendment shall be required to effect the initiation of a proposed amendment to this Agreement. 49. Intentionally Omitted. 50. Intentionally Omitted. 51. Intentionally Omitted. 52. Notwithstanding anything to the contrary in this Agreement,and in addition to other requirements imposed by the City, in the event the Subject Property is adjacent to or abuts any State of Illinois highway, route, road or right of way (a "State Highway") Owner and Developer agree as follows: A. In the event the development of the Subject Property provides for any new means of access from a Subject Property to any abutting State of Illinois Highway or proposes to enlarge or extend any existing means of access from the Subject Property to an abutting State of Illinois Highway, or otherwise requires an access permit from the State of Illinois or the Illinois Department of Transportation for a State of Illinois Highway, Developer agrees that Developer shall be solely responsible at their cost for applying for and obtaining from the State of Illinois and/or the Illinois Department of Transportation any and all permits necessary authorizing access from the Subject Property to such a State of Illinois Highway. B. Developer shall also be responsible for the dedication of any additional right of way at no cost to the State of Illinois and/or the City and for the design and construction at their cost for any improvements necessary or required to obtain access from the Subject Property to the adjacent or abutting State of Illinois Highway including, but not limited to, any widening, additional lanes and/or signalization. C. Developer shall also dedicate at no cost to the State of Illinois and/or the City such additional right of way for future improvements to such adjacent or abutting State of Illinois Highway as determined by the City Engineer. Such additional right of way dedication for such State of Illinois Highway(s) for future improvements thereto as determined by the City Engineer shall be incorporated into the final engineering plans for the Subject Property and the final plat of subdivision as approved by the City Engineer or, if directed by the City Engineer, shall be made upon the request of the City Engineer prior to approval of final engineering and the final plat of subdivision for the Subject Property. The plat of dedication providing for such dedication shall be in a form as approved by the City Engineer. 53. 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 reasonably requested by the City which may, include among other matters,the current status of sale activities with respect to the subject development of the Subject Property. 54. To the fullest extent permitted by law, Owner and Developer agree to and shall -14- 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; provided, however, Owner and Developer shall not be obligated to indemnify, defend or hold the City harmless from any claims, suits,judgments, costs, attorney's fees, expert witness fees and expenses, damages which may result from the negligence or intentional misconduct of the City or its officials, employees, attorneys, agents,boards and commissions. In the event of any action against the City,its officials,officers,employees,agents,attorneys,boards or commissions covered by the foregoing duty to indemnify, and defend and hold harmless, such action shall be defended by legal counsel of the City's choosing the cost of which shall be paid for by the Owner and Developer. Additionally, in the event of such third party action the Owner and Developer agree to the extent permitted by law upon the written request from the City to attempt to intervene in such proceedings and at Owner and Developer's expense to join the City in the defense thereof except to the extent such third party claim(i)is based on the failure of the City to observe proper legislative or executive procedures prescribed by the Illinois Municipal Code and/or the Elgin Municipal Code in the adoption of this Agreement and/or in the adoption of any other resolution or ordinance related to this Agreement; and(ii)which arises from the negligence or intentional misconduct of the City or its officials,officers, employees,attorneys,agents,boards and commissions. 55. Owner and Developer on behalf of themselves and their respective successors, assigns and grantees of their properties,hereby acknowledge the propriety, necessity and legality of all of the terms and provisions of this Agreement, including but not limited to, the zoning ordinances referred to in this Agreement and the various fees, contributions, recaptures, reimbursements, dedications and/or improvements provided for in this Agreement, and do further hereby agree and do waive any and all rights to any and all legal or other challenges or defenses to any of the terms and provisions of this Agreement and hereby agree and covenant on behalf of themselves and their successors, assigns and grantees of their properties not to sue the City or maintain any legal action or other defenses against the City with respect to any challenges of the terms and provisions of this Agreement but excluding the right to file any legal action of the nature contemplated under Section 35 hereof,the filing of which shall be expressly permitted. -15- IN WITNESS WHEREOF, the Parties 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: BY: 42/f4A MAYOR ATTEST. CITY CLERK STATE OF ILLINOIS ) COUNTY OF Kane ) I, Katlin Bennett , a Notary Public in Kane County, Illinois, do hereby certify that David Kaptain and Kimberly Dewis are the MAYOR and CITY CLERK,respectively, of the CITY OF ELGIN, a municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the document as the Mayor and City Clerk of the City as authorized and directed by the City Council of the City of Elgin. Signed this 7th day of December , 2022. "OFFICIAL SEAL" KATLIN S. BENNETT Notary Public Notary Public,State of Illinois j My Commission Expires June 29,2025 Legal Dept\Agreement\Annex-Agr-Metzger&Bluestone-Thomtons Development-Clean-11-29-22.docx -16- OWNER: 4444,6:71 SUSAN L. METZGER,TR S E OF THE SUSAN L. METZGER TRUST DATED 6/6/2002 AS TO AN UNDIVID 80%INTEREST (Udn � h KAREN G. GALLER, N/K/A KAREN GILBERTSON, TRUSTEE OF THE METZGER FAMILY TRUST NO. 101 DATED 6/6/2020 AS TO AN UNDIVIDED 20%INTEREST STATE OF ILLINOIS ) COUNTY OF 1(4/1/( Riot aw I. weber , a Notary Public in and for the County and State identified above, do hereby certify that Susan L. Metzger & Karen G. Gaper, n/k/a Karen Gilbertson,are personally known to me to be the same persons whose names are subscribed to the foregoing document,appeared before me this day in person and acknowledged that each respective person signed this document as their free and voluntary act. Signed this 25 K day of MVembes- 2022. Notary r blic / OFFICIAL SEAL RICHARD L. HEIMBERG NOTARY PUBLIC,STATE OF ILLINOIS My Commkalon Expires Q1/14I2028 -17- • DEVELOPER: : Bluestone Net Lease Properties,LLC a Delaware limited liability company. . BY; Name:Rick Claes. . Title::Managing Member STATE OF ILLINOIS COUNTY OF COOK � I, .- f f vJret, LGIw&Fyy: , a.Notary.:Public in.and for the :County and State identified above,do here b certify that Rick•Claes ersonall.• known:to me to be the samepersons y fY p y P. . whose names are subscribed to t•he foregoing;document, appeared before me this day.in personand acknowledged'that each respective':person signed this document as their free and voluntary • ::act. '•: ,. Signed this 2-R day of. ,Node w r'.• ,2022 (7.,- (, ,-- r),9 Notary.Public .. • ANoRBwoZAZOFOIY . :NOTARY pM ,STAIEOf IWN018 • _18_ EXHIBITS Exhibit A: Legal Description of Subject Property Exhibit B: Annexation Plat Exhibit C: PNB Zoning Ordinance Exhibit D: Conditional Use Ordinance Exhibit E: Preliminary Engineering Plans Exhibit F: Impact Fees -19- EXHIBIT A PROPOSED COMMERCIAL DEVELOPMENT ELGIN, ILLINOIS SURVEYOR'S LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST QUARTER OF SECTION 29,TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 20 IN SHERWOOD OAKS UNIT NO. 6, BEING A SUBDIVISION OF PARTS OF SECTIONS 20 AND 21, TOWNSHIP AND RANGE AFORESAID, ACCORDING TO THE PLAT THEREOF RECORDED ON NOVEMBER 10, 1977 AS DOCUMENT NO. 24188979, SAID CORNER ALSO BEING A CORNER OF LAKE STREET MEMORIAL PARK; THENCE SOUTH 09° 18' 50" WEST ALONG THE WESTERLY LINE OF LAKE STREET MEMORIAL PARK, 299.28 FEET TO A POINT ON SAID WESTERLY LINE THAT IS 200.00 FEET NORTHERLY OF, AS MEASURED ALONG SAID WESTERLY LINE, THE NORTHERLY RIGHT OF WAY LINE OF S.B.I. ROUTE 5 (LAKE STREET) PER PLAT OF DEDICATION RECORDED NOVEMBER 17, 1932 IN BOOK 301 OF PLATS, PAGES 18 AND 19; THENCE WESTERLY PARALLEL WITH SAID NORTHERLY RIGHT OF WAY LINE, BEING ALONG A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 1953.93 FEET AN ARC DISTANCE OF 100.01 FEET TO A LINE 100.00 FEET WESTERLY OF, AS MEASURED PERPENDICULAR AND PARALLEL WITH SAID WESTERLY LINE OF LAKE STREET MEMORIAL PARK, THE CHORD OF SAID ARC HAVING A LENGTH OF 100.00 FEET AND A BEARING OF NORTH 80° 43' 28" WEST; THENCE SOUTH 09° 18' 50" WEST ALONG SAID PARALLEL LINE, 199.99 FEET TO SAID NORTHERLY RIGHT OF WAY LINE OF S.B.I. ROUTE 5 (LAKE STREET); THENCE EASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE, BEING A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 2153.87 FEET AN ARC DISTANCE OF 100.01 FEET TO SAID WESTERLY LINE OF LAKE STREET MEMORIAL PARK, THE CHORD OF SAID ARC HAVING A LENGTH OF 100.00 FEET AND A BEARING OF SOUTH 80°43'15"EAST;THENCE SOUTH 09° 18'50"WEST ALONG SAID WESTERLY LINE, 50.01 FEET TO THE CENTER LINE OF SAID S.B.I ROUTE 5(LAKE STREET); THENCE NORTHWESTERLY ALONG SAID CENTER LINE, BEING ALONG A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 2203.87 FEET AN ARC DISTANCE OF 911.22 FEET TO A POINT OF TANGENCY, THE CHORD OF SAID ARC HAVING A LENGTH OF 904.74 FEET AND A BEARING OF NORTH 70° 10' 31" WEST; THENCE NORTH 58° 19'49"WEST ALONG SAID CENTER LINE,419.05 FEET TO THE SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK'S DIVISION OF AFORESAID SECTION 20,ACCORDING TO THE PLAT THEREOF RECORDED MAY 31, 1895 AS DOCUMENT NO. 2227309; THENCE NORTH 59° 43' 20" EAST ALONG SAID SOUTHEASTERLY LINE, AS MONUMENTED, 542.78 FEET TO THE MOST NORTHERLY SOUTHEAST CORNER, AS MONUMENTED, OF SAID LOT 17, BEING ALSO A POINT ON THE NORTHWESTERLY LINE EXTENDED SOUTHWESTERLY OF THE AFORESAID SHERWOOD OAKS UNIT NO. 6; THENCE NORTH 58°35'54"EAST ALONG SAID NORTHWESTERLY LINE EXTENDED SOUTHWESTERLY OF SHERWOOD OAKS UNIT NO. 6 A DISTANCE OF 272.59 FEET TO THE MOST WESTERLY CORNER OF LOT 21 IN SAID SHERWOOD OAKS UNIT NO. 6;THENCE SOUTH 52° 34'49" EAST ALONG THE SOUTHWESTERLY LINE OF SAID LOT 21, A DISTANCE OF 402.74 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 21, BEING A POINT ON THE RIGHT OF WAY OF WILL SCARLET LANE AS PLATTED IN SAID SHERWOOD OAKS UNIT NO 6; THENCE ALONG SAID RIGHT OF WAY OF WILL SCARLET LANE THE FOLLOWING 2 COURSES SOUTH 17° 52' 26" WEST, 63.68 FEET AND SOUTHERLY, EASTERLY AND NORTHERLY ALONG A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 75.00 FEET AN ARC DISTANCE OF 402.96 PREPARED BY: MANHARD CONSULTING, LTD. ONE OVERLOOK POINT,SUITE 290 LINCOLNSHIRE, ILLINOIS, 60069 PHONE: 847.634.5550 WWW.MANHARD.COM JUNE 11, 2021 C:\Users\bailey_k\Box\Legal Dept\Agreement\Annex-Agr-Metzger & Bluestone-Thorntons Development-Clean-11-28-22-Exhibit A.docx EXHIBIT A PROPOSED COMMERCIAL DEVELOPMENT ELGIN, ILLINOIS SURVEYOR'S LEGAL DESCRIPTION FEET TO THE MOST WESTERLY CORNER OF AFORESAID LOT 20 IN SHERWOOD OAKS UNIT NO.6 THE CHORD OF SAID ARC HAVING A LENGTH OF 65.94 FEET AND A BEARING OF SOUTH 72° 07' 03" EAST; THENCE SOUTH 72° 07' 03" EAST ALONG THE SOUTHERLY LINE OF SAID LOT 20, A DISTANCE OF 243.98 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS. EXCEPTING THEREFROM THAT PART CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION BY TRUSTEE'S DEED RECORDED JANUARY 27, 2005,AS DOCUMENT 0502749334, DESCRIBED AS FOLLOWS: THAT PART OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 20 IN SHERWOOD OAKS UNIT NO. 6, BEING A SUBDIVISION OF PART OF SECTIONS 20 AND 21, TOWNSHIP AND RANGE AFORESAID, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 10, 1977 AS DOCUMENT NO. 24188979, SAID CORNER BEING ALSO A CORNER OF LAKE STREET MEMORIAL PARK CEMETERY;THENCE SOUTH 09 DEGREES 18 MINUTES 50 SECONDS WEST ALONG THE WESTERLY LINE OF SAID LAKE STREET MEMORIAL PARK CEMETERY, 499.28 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE NO. 20 PER PLAT OF DEDICATION OF S.B.I. ROUTE 5 RECORDED NOVEMBER 17, 1932 IN BOOK 301 OF PLATS, PAGES 18 AND 19; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE NO.20, BEING A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 2153.87 FEET, AN ARC DISTANCE OF 228.58 FEET TO THE POINT OF BEGINNING, THE CHORD OF SAID ARC HAVING A LENGTH OF 228.47 FEET AND A BEARING OF NORTH 79 DEGREES 00 MINUTES 39 SECONDS WEST; THENCE SOUTH 14 DEGREES 01 MINUTE 46 SECONDS WEST ALONG A LINE THAT IS RADIAL TO THE LAST DESCRIBED CURVE, 50.00 FEET TO THE CENTER LINE OF U.S. ROUTE NO.20 PER THE AFORESAID PLAT OF DEDICATION RECORDED IN BOOK 301 OF PLATS, PAGES 18 AND 19; THENCE WESTERLY ALONG SAID CENTER LINE, BEING A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 2203.87 FEET, AN ARC DISTANCE OF 586.57 FEET, THE CHORD OF SAID ARC HAVING A LENGTH OF 584.84 FEET AND A BEARING OF NORTH 68 DEGREES 20 MINUTES 45 SECONDS WEST; THENCE NORTH 29 DEGREES 16 MINUTES 44 SECONDS EAST RADIAL TO SAID CENTER LINE, 50.00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID U.S. ROUTE NO. 20; THENCE NORTH 67 DEGREES 55 MINUTES 36 SECONDS EAST, 38.59 FEET; THENCE NORTH 27 DEGREES 32 MINUTES 55 SECONDS EAST, 61.62 FEET; THENCE SOUTH 62 DEGREES 27 MINUTES 05 SECONDS EAST,80.00 FEET;THENCE SOUTH 27 DEGREES 32 MINUTES 55 SECONDS WEST, 16.61 FEET; THENCE SOUTH 01 DEGREE 05 MINUTES 45 SECONDS EAST, 73.01 FEET; THENCE EASTERLY ALONG A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 2143.87 FEET AN ARC DISTANCE OF 333.60 FEET, THE CHORD OF SAID ARC HAVING A LENGTH OF 333.26 FEET AND A BEARING OF SOUTH 68 DEGREES 54 MINUTES 47 SECONDS PREPARED BY: MANHARD CONSULTING, LTD. ONE OVERLOOK POINT, SUITE 290 LINCOLNSHIRE, ILLINOIS, 60069 PHONE: 847.634.5550 WWW.MANHARD.COM JUNE 11, 2021 C:\Users\bailey_k\Box\Legal Dept1Agreement\Annex-Agr-Metzger & Bluestone-Thorntons Development-Clean-11-28-22-Exhibit A.docx EXHIBIT A PROPOSED COMMERCIAL DEVELOPMENT ELGIN, ILLINOIS SURVEYOR'S LEGAL DESCRIPTION EAST; THENCE SOUTH 68 DEGREES 48 MINUTES 57 SECONDS EAST, 98.01 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST QUARTER OF SECTION 29,TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF OUTLOT "C" OF FINAL PLAT OAK RIDGE PHASE 1, BEING A SUBDIVISION OF PART OF SAID SOUTHEAST QUARTER OF SECTION 20 ACCORDING TO THE PLAT THEREOF RECORDED MARCH 14, 2005 AS DOCUMENT NO. 0507344002;THENCE SOUTH 60 DEGREES 19 MINUTES 17 SECONDS EAST, 260.03 FEET (RECORD BEING SOUTH 60 DEGREES 29 MINUTES 39 SECONDS EAST, 259.87 FEET)ALONG THE SOUTHWESTERLY LINE OF SAID OUTLOT"C"TO THE MOST SOUTHERLY CORNER OF SAID OUTLOT "C", BEING A POINT ON THE SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK'S DIVISION OF SAID SECTION 20, ACCORDING TO THE PLAT THEREOF RECORDED MAY 31, 1895 AS DOCUMENT NO.2227309; THENCE NORTH 59 DEGREES 43 MINUTES 20 SECONDS EAST (RECORD BEING NORTH 59 DEGREES 31 MINUTES 38 SECONDS EAST) ALONG THE SOUTHEASTERLY LINE OF SAID OUTLOT "C", 72.93 FEET TO A POINT ON A NON-TANGENT CURVE FOR THE POINT OF BEGINNING;THENCE NORTHEASTERLY,EASTERLY AND SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 208.00 FEET AN ARC DISTANCE OF 514.38 FEET TO A POINT OF TANGENCY, THE CHORD OF SAID ARC HAVING A LENGTH OF 392.97 FEET AND A BEARING OF SOUTH 43 DEGREES 17 MINUTES 50 SECONDS EAST; THENCE SOUTH 27 DEGREES 32 MINUTES 55 SECONDS WEST, 154.47 FEET TO A CORNER OF LAND CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION BY TRUSTEES'DEEDS RECORDED JANUARY 27,2005 AS DOCUMENT NO. 0502749334 AND DOCUMENT NO. 0502749335;THENCE NORTH 62 DEGREES 27 MINUTES 05 SECONDS WEST ALONG THE NORTHERLY LINE OF SAID STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION LAND, 80.00 FEET TO THE MOST NORTHERLY CORNER THEREOF; THENCE NORTH 27 DEGREES 32 MINUTES 55 SECONDS EAST, 215.96 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE NORTHWESTERLY AND WESTERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 142.00 FEET AN ARC DISTANCE OF 290.05 FEET TO A POINT OF REVERSE CURVATURE, THE CHORD OF SAID ARC HAVING A LENGTH OF 242.19 FEET AND A BEARING OF NORTH 56 DEGREES 37 MINUTES 28 SECONDS WEST; THENCE WESTERLY ALONG A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 208.00 FEET AN ARC DISTANCE OF 152.07 FEET TO THE AFORESAID SOUTHEASTERLY LINE,AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK'S DIVISION OF SECTION 20,THE CHORD OF SAID ARC HAVING A LENGTH OF 148.71 FEET AND A BEARING OF SOUTH 85 DEGREES 48 MINUTES 13 SECONDS WEST; THENCE NORTH 59 DEGREES 43 MINUTES 20 SECONDS EAST (RECORD BEING NORTH 59 DEGREES 31 MINUTES 38 SECONDS EAST) PREPARED BY: MAN HARD CONSULTING, LTD. ONE OVERLOOK POINT,SUITE 290 LINCOLNSHIRE, ILLINOIS, 60069 PHONE: 847.634.5550 WWW.MANHARD.COM JUNE 11, 2021 C:\Users\bailey_k\Box\Legal Dept\Agreement\Annex-Agr-Metzger & Bluestone-Thorntons Development-Clean-11-28-22-Exhibit A.docx EXHIBIT A PROPOSED COMMERCIAL DEVELOPMENT ELGIN, ILLINOIS SURVEYOR'S LEGAL DESCRIPTION ALONG SAID SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 AND ALONG THE SOUTHEASTERLY LINE OF AFORESAID OUTLOT "C", 143.08 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST QUARTER OF SECTION 29,TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: - BEGINNING AT THE NORTHERN MOST CORNER OF ROUTE 20(LAKE STREET)RIGHT OF WAY CONVEYED BY DOCUMENT 050274933, RECORDED JANUARY 27, 2005; THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST,ALONG THE WESTERLY LINE OF SAID RIGHT OF WAY, 61.62 FEET; THENCE SOUTH 67 DEGREES 55 MINUTES 00 SECONDS WEST, ALONG SAID WESTERLY LINE, 38.59 FEET TO THE NORTHERLY RIGHT OF WAY OF U.S. ROUTE 20 PER PLAT OF DEDICATION OF S.B.I. ROUTE 5 (LAKE STREET) RECORDED NOVEMBER 17, 1932 IN BOOK 301 OF PLATS, PAGES 18 AND 19;THENCE WESTERLY 89.87 FEET ALONG THE NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE NO 20, BEING A CURVE TO THE RIGHT; HAVING A RADIUS OF 2,153.87 FEET, CHORD BEARING NORTH 59 DEGREES 32 MINUTES 08 SECONDS WEST,AND CHORD LENGTH OF 89.86 FEET TO A POINT OF TANGENCY;THENCE NORTH 58 DEGREES 20 MINUTES 24 SECONDS WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE,392.44 FEET TO THE SOUTHEASTERLY LINE,AS MONUMENTED,OF LOT 17 IN THE COUNTY CLERK'S DIVISION OF AFORESAID SECTION 20, ACCORDING TO THE PLAT THEREOF RECORDED MAY 31, 1898 AS DOCUMENT 2227309; THENCE NORTH 59 DEGREES 42 MINUTES 44 SECONDS EAST, ALONG SAID SOUTHEASTERLY LINE 260.54 FEET, TO THE SOUTHERLY LINE OF LAMBERT LANE PER DOCUMENT 1006844025, RECORDED MARCH 9, 2010;THENCE NORTHERLY, 152.08 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 208.00 FEET, CHORD BEARING NORTH 85 DEGREES 47 MINUTES 43 SECONDS EAST,AND CHORD LENGTH OF 148.71 FEET TO A POINT OF REVERSE CURVE; THENCE EASTERLY AND SOUTHERLY, 290.05 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE RIGHT,HAVING A RADIUS OF 142.00 FEET,CHORD BEARING SOUTH 56 DEGREES 38 MINUTES 03 SECONDS EAST AND A CHORD LENGTH OF 242.19 FEET; THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST,ALONG THE WESTERLY LINE OF SAID LAMBERT LANE, 215.95 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. ALSO EXCEPTING THEREFROM ANY REMAINING PORTION LYING WITHIN LAKE STREET. CONTAINING 362,463 SQUARE FEET(8.321 ACRES) MORE OR LESS. PREPARED BY: MANHARD CONSULTING, LTD. ONE OVERLOOK POINT,SUITE 290 LINCOLNSHIRE, ILLINOIS,60069 PHONE: 847.634.5550 WWW.MANHARD.COM JUNE 11,2021 C:\Users\bailey_k\Box\Legal Dept\Agreement\Annex-Agr-Metzger & Bluestone-Thorntons Development-Clean-11-28-22-Exhibit A.docx i 1 GRAPHIC SCALE T 1 7 T ' T xv27,,,„. N S aiN,COOKI,!ILLINNOI 1 ,1,2v , R1PTION EXHIBIT B OPTLHEACTITY OF OFEL ,piNN:11XcANr1:YL °Zig:Mit= A OF ANNEXATION., ei TERRITORY BE ANNEXED .„:77:,5„,:Ft7...„:„..,„:„. 174.,t4.77::,, &III RayNotoluniii a ei;if rit4:I"7:41 We r ts,rraZarzs4 1,,1,-.z,mil ' .'1":;2 =Eli! nAN20-41,74Ttiminmeg „,,,,d;r:teo C=Iiii Frair22.6"5,476:ES07.124:1EV6707#1 '6,•. '''*IP moll ir0:::4,71.11E dEtiaNtrtradie7. ' •-4>f A/. lerz.1 anigi;T:.IL:ii7+Attlf 472 r-VA7-al of.. tudi 6,-.4.71,47-.47,7p4tErAtzia7...cik . o• LOT 20 CURIOS DIMON RilliLlaS617ATIATEMislannit. 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EXHIBIT C DRAFT 10/28/2022 Ordinance No. Gxx-22 AN ORDINANCE RECLASSIFYING NEWLY ANNEXED TERRITORY IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT (1630 Villa Street) WHEREAS,the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the PNB Planned Neighborhood Business District; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on September 12, 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 PNB Planned Neighborhood Business District pertains to the government and affairs of the city. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact,dated September 12,2022,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 PNB Planned Neighborhood Business District the following described property: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 20 IN SHERWOOD OAKS UNIT NO. 6, BEING A SUBDIVISION OF PARTS OF SECTIONS 20 AND 21, TOWNSHIP AND RANGE AFORESAID, ACCORDING TO THE PLAT THEREOF RECORDED ON NOVEMBER 10, 1977 AS DOCUMENT NO. 24188979, SAID CORNER ALSO BEING A CORNER OF LAKE STREET MEMORIAL PARK; THENCE SOUTH 09° 18' 50" WEST ALONG THE WESTERLY LINE OF LAKE STREET MEMORIAL PARK, 299.28 FEET TO A POINT ON SAID WESTERLY LINE THAT IS 200.00 FEET NORTHERLY OF,AS MEASURED ALONG SAID WESTERLY LINE, THE NORTHERLY RIGHT OF WAY LINE OF S.B.I. ROUTE 5 (LAKE STREET)PER PLAT OF DEDICATION RECORDED NOVEMBER 17, 1932 IN BOOK 301 OF PLATS, PAGES 18 AND 19; THENCE WESTERLY PARALLEL WITH SAID NORTHERLY RIGHT OF WAY LINE, BEING ALONG A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 1953.93 FEET AN ARC DISTANCE OF 100.01 FEET TO A LINE 100.00 FEET WESTERLY OF, AS MEASURED PERPENDICULAR AND PARALLEL WITH SAID WESTERLY LINE OF LAKE STREET MEMORIAL PARK, THE CHORD OF SAID ARC HAVING A LENGTH OF 100.00 FEET AND A BEARING OF NORTH 80°43' 28" WEST; THENCE SOUTH 09° 18' 50"WEST ALONG SAID PARALLEL LINE, 199.99 FEET TO SAID NORTHERLY RIGHT OF WAY LINE OF S.B.I. ROUTE 5 (LAKE STREET); THENCE EASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE, "BEING A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 2153.87 FEET AN ARC DISTANCE OF 100.01 FEET TO SAID WESTERLY LINE OF LAKE STREET MEMORIAL PARK, THE CHORD OF SAID ARC HAVING A LENGTH OF 100.00 FEET AND A BEARING OF SOUTH 80°43' 15"EAST;THENCE SOUTH 09° 18' 50"WEST ALONG SAID WESTERLY LINE, 50.01 FEET TO THE CENTER LINE OF SAID S.B.I ROUTE 5 (LAKE STREET); THENCE NORTHWESTERLY ALONG SAID CENTER LINE, BEING ALONG A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 2203.87 FEET AN ARC DISTANCE OF 911.22 FEET TO A POINT OF TANGENCY, THE CHORD OF SAID ARC HAVING A LENGTH OF 904.74 FEET AND A BEARING OF NORTH 70° 10' 31" WEST; THENCE NORTH 58° 19' 49" WEST ALONG SAID CENTER LINE, 419.05 FEET TO THE SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK'S DIVISION OF AFORESAID SECTION 20, ACCORDING TO THE PLAT THEREOF RECORDED MAY 31, 1895 AS DOCUMENT NO. 2227309; THENCE NORTH 59° 43' 20" EAST ALONG SAID SOUTHEASTERLY LINE,AS MONUMENTED, 542.78 FEET TO THE MOST NORTHERLY SOUTHEAST CORNER, AS MONUMENTED, OF SAID LOT 17, BEING ALSO A POINT ON THE NORTHWESTERLY LINE EXTENDED SOUTHWESTERLY OF THE AFORESAID SHERWOOD OAKS UNIT NO. 6; THENCE NORTH 58° 35' 54" EAST ALONG SAID NORTHWESTERLY LINE EXTENDED SOUTHWESTERLY OF SHERWOOD OAKS UNIT NO. 6 A DISTANCE OF 272.59 FEET TO -2 - THE MOST WESTERLY CORNER OF LOT 21 IN SAID SHERWOOD OAKS UNIT NO. 6; THENCE SOUTH 52° 34' 49"EAST ALONG THE SOUTHWESTERLY LINE OF SAID LOT 21, A DISTANCE OF 402.74 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 21, BEING A POINT ON THE RIGHT OF WAY OF WILL SCARLET LANE AS PLATTED IN SAID SHERWOOD OAKS UNIT NO 6; THENCE ALONG SAID RIGHT OF WAY OF WILL SCARLET LANE THE FOLLOWING 2 COURSES SOUTH 17° 52' 26" WEST, 63.68 FEET AND SOUTHERLY, EASTERLY AND NORTHERLY ALONG A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 75.00 FEET AN ARC DISTANCE OF 402.96 FEET TO THE MOST WESTERLY CORNER OF AFORESAID LOT 20 IN SHERWOOD OAKS UNIT NO. 6 THE CHORD OF SAID ARC HAVING A LENGTH OF 65.94 FEET AND A BEARING OF SOUTH 72° 07' 03" EAST; THENCE SOUTH 72° 07' 03"EAST ALONG THE SOUTHERLY LINE OF SAID LOT 20, A DISTANCE OF 243.98 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS. EXCEPTING THEREFROM THAT PART CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS,DEPARTMENT OF TRANSPORTATION BY TRUSTEE'S DEED RECORDED JANUARY 27,2005,AS DOCUMENT 0502749334,DESCRIBED AS FOLLOWS: THAT PART OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 20 IN SHERWOOD OAKS UNIT NO. 6, BEING A SUBDIVISION OF PART OF SECTIONS 20 AND 21, TOWNSHIP AND RANGE AFORESAID, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 10, 1977 AS DOCUMENT NO. 24188979, SAID CORNER BEING ALSO A CORNER OF LAKE STREET MEMORIAL PARK CEMETERY; THENCE SOUTH 09 DEGREES 18 MINUTES 50 SECONDS WEST ALONG THE WESTERLY LINE OF SAID LAKE STREET MEMORIAL PARK CEMETERY, 499.28 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE NO. 20 PER PLAT OF DEDICATION OF S.B.I. ROUTE 5 RECORDED NOVEMBER 17, 1932 IN BOOK 301 OF PLATS,PAGES 18 AND 19; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE OF U.S.ROUTE NO. 20, BEING A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 2153.87 FEET,AN ARC DISTANCE OF 228.58 FEET TO THE POINT OF BEGINNING,THE CHORD OF SAID ARC HAVING A LENGTH OF 228.47 FEET AND A BEARING OF NORTH 79 DEGREES 00 MINUTES 39 SECONDS WEST;THENCE SOUTH 14 DEGREES 01 MINUTE 46 SECONDS WEST ALONG A LINE THAT IS RADIAL TO THE LAST DESCRIBED CURVE,50.00 FEET TO THE CENTER LINE OF U.S.ROUTE NO.20 PER THE AFORESAID PLAT OF DEDICATION RECORDED IN BOOK 301 OF PLATS, PAGES 18 AND 19; THENCE WESTERLY ALONG SAID CENTER LINE,BEING A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 2203.87 FEET,AN ARC DISTANCE OF 586.57 FEET,THE CHORD OF SAID ARC HAVING A LENGTH OF 584.84 FEET AND A BEARING OF NORTH 68 DEGREES 20 MINUTES 45 SECONDS WEST; THENCE NORTH 29 DEGREES 16 MINUTES 44 SECONDS EAST RADIAL TO SAID CENTER LINE, 50.00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID U.S. ROUTE NO. 20; THENCE NORTH 67 -3 - DEGREES 55 MINUTES 36 SECONDS EAST, 38.59 FEET; THENCE NORTH 27 DEGREES 32 MINUTES 55 SECONDS EAST, 61.62 FEET; THENCE SOUTH 62 DEGREES 27 MINUTES 05 SECONDS EAST, 80.00 FEET; THENCE SOUTH 27 DEGREES 32 MINUTES 55 SECONDS WEST, 16.61 FEET;THENCE SOUTH 01 DEGREE 05 MINUTES 45 SECONDS EAST, 73.01 FEET; THENCE EASTERLY ALONG A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 2143.87 FEET AN ARC DISTANCE OF 333.60,FEET,THE CHORD OF SAID ARC HAVING A LENGTH OF 333.26 FEET AND A BEARING OF SOUTH 68 DEGREES 54 MINUTES 47 SECONDS EAST;THENCE SOUTH 68 DEGREES 48 MINUTES 57 SECONDS EAST, 98.01 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF OUTLOT"C" OF FINAL PLAT OAK RIDGE PHASE 1, BEING A SUBDIVISION OF PART OF SAID SOUTHEAST QUARTER OF SECTION 20 ACCORDING TO THE PLAT THEREOF RECORDED MARCH 14,2005 AS DOCUMENT NO. 0507344002;THENCE SOUTH 60 DEGREES 19 MINUTES 17 SECONDS EAST, 260.03 FEET (RECORD BEING SOUTH 60 DEGREES 29 MINUTES 39 SECONDS EAST,259.87 FEET)ALONG THE SOUTHWESTERLY LINE OF SAID OUTLOT "C" TO THE MOST SOUTHERLY CORNER OF SAID OUTLOT "C", BEING A POINT ON THE SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK'S DIVISION OF SAID SECTION 20, ACCORDING TO THE PLAT THEREOF RECORDED MAY 31, 1895 AS DOCUMENT NO. 2227309; THENCE NORTH 59 DEGREES 43 MINUTES 20 SECONDS EAST(RECORD BEING NORTH 59 DEGREES 31 MINUTES 38 SECONDS EAST) ALONG THE SOUTHEASTERLY LINE OF SAID OUTLOT "C", 72.93 FEET TO A POINT ON A NON-TANGENT CURVE FOR THE POINT OF BEGINNING; THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 208.00 FEET AN ARC DISTANCE OF 514.38 FEET TO A POINT OF TANGENCY, THE CHORD OF SAID ARC HAVING A LENGTH OF 392.97 FEET AND A BEARING OF SOUTH 43 DEGREES 17 MINUTES 50 SECONDS EAST;THENCE SOUTH 27 DEGREES 32 MINUTES 55 SECONDS WEST, 154.47 FEET TO A CORNER OF LAND CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION BY TRUSTEES' DEEDS RECORDED JANUARY 27, 2005 AS DOCUMENT NO. 0502749334 AND DOCUMENT NO. 0502749335; THENCE NORTH 62 DEGREES 27 MINUTES 05 SECONDS WEST ALONG THE NORTHERLY LINE OF SAID STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION LAND, 80.00 FEET TO THE MOST NORTHERLY CORNER THEREOF;THENCE NORTH 27 DEGREES 32 MINUTES 55 SECONDS EAST,215.96 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE NORTHWESTERLY AND WESTERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF -4- 142.00 FEET AN ARC DISTANCE OF 290.05 FEET TO A POINT OF REVERSE CURVATURE, THE CHORD OF SAID ARC HAVING A LENGTH OF 242.19 FEET AND A BEARING OF NORTH 56 DEGREES 37 MINUTES 28 SECONDS WEST; THENCE WESTERLY ALONG A CURVE CONCAVE TO THE NORTH HAVING 'A RADIUS OF 208.00 FEET AN ARC DISTANCE OF 152.07 FEET TO THE AFORESAID SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK'S DIVISION OF SECTION 20, THE CHORD OF SAID ARC HAVING A LENGTH OF 148.71 FEET AND A BEARING OF SOUTH 85 DEGREES 48 MINUTES 13 SECONDS WEST; THENCE NORTH 59 DEGREES 43 MINUTES 20 SECONDS EAST (RECORD BEING NORTH 59 DEGREES 31 MINUTES 38 SECONDS EAST)ALONG SAID SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 AND ALONG THE SOUTHEASTERLY LINE OF AFORESAID OUTLOT "C", 143.08 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERN MOST CORNER OF ROUTE 20(LAKE STREET)RIGHT OF WAY CONVEYED BY DOCUMENT 050274933, RECORDED JANUARY 27, 2005; THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID RIGHT OF WAY, 61.62 FEET; THENCE SOUTH 67 DEGREES 55 MINUTES 00 SECONDS WEST, ALONG SAID WESTERLY LINE, 38.59 FEET TO THE NORTHERLY RIGHT OF WAY OF U.S. ROUTE 20 PER PLAT OF DEDICATION OF S.B.I. ROUTE 5 (LAKE STREET) RECORDED NOVEMBER 17, 1932 IN BOOK 301 OF PLATS, PAGES 18 AND 19; THENCE WESTERLY 89.87 FEET ALONG THE NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE NO 20, BEING A CURVE TO THE RIGHT; HAVING A RADIUS OF 2,153.87 FEET, CHORD BEARING NORTH 59 DEGREES 32 MINUTES 08 SECONDS WEST, AND CHORD LENGTH OF 89.86 FEET TO A POINT OF TANGENCY; THENCE NORTH 58 DEGREES 20 MINUTES 24 SECONDS WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 392.44 FEET TO THE SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK'S DIVISION OF AFORESAID SECTION 20, ACCORDING TO THE PLAT THEREOF RECORDED MAY 31, 1898 AS DOCUMENT 2227309; THENCE NORTH 59 DEGREES 42 MINUTES 44 SECONDS EAST, ALONG SAID SOUTHEASTERLY LINE 260.54 FEET, TO THE SOUTHERLY LINE OF LAMBERT LANE PER DOCUMENT 1006844025, RECORDED MARCH 9, 2010; THENCE NORTHERLY, 152.08 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 208.00 FEET, CHORD BEARING NORTH 85 DEGREES 47 MINUTES 43 SECONDS EAST, AND CHORD LENGTH OF 148.71 FEET TO A POINT OF REVERSE CURVE; THENCE EASTERLY AND SOUTHERLY, 290.05 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 142.00 FEET, CHORD BEARING SOUTH 56 DEGREES 38 MINUTES 03 SECONDS EAST AND A -5 - CHORD LENGTH OF 242.19 FEET; THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID LAMBERT LANE, 215.95 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. ALSO EXCEPTING THEREFROM ANY REMAINING PORTION LYING WITHIN LAKE STREET. (Commonly known as 1630 Villa Street) Section 3. That the City Council of the City of Elgin hereby classifies the subject property in the PNB Planned Neighborhood Business District, which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of the PNB Planned Neighborhood Business District is to provide for planned commercial areas supplying daily convenience commodities and services to a neighborhood population, subject to the provisions of Chapter 19.60 "Planned Developments" of the Elgin Municipal Code, as amended. The scale of development of a PNB zoning district is limited by the applicable site design regulations due to its function and resulting close proximity to residences. A PNB zoning district is most similar to, but departs from the standards requirements of the NB zoning district. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol"[SR]",shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90"Supplementary Regulations",of the Elgin Municipal Code,as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PNB Planned Neighborhood Business District,the use and development of land and structures shall be subject to the provisions of Chapter 19.05 "General Provisions", of the Elgin Municipal Code, as amended. D. Zoning Districts; Generally. In this PNB Planned Neighborhood Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07 "Zoning Districts", of the Elgin Municipal Code, as amended: E. Location and Size of District. PNB Planned Neighborhood Business Districts sliould be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PNB Planned Neighborhood Business District exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two (2) acres. No departure from the required minimum size of a planned business district shall be granted by the City Council. -6 - • F. Land Use. In this PNB Planned Neighborhood Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 "Land Use", of the Elgin Municipal Code, as amended. The following enumerated "land uses" [SR] shall be the only land uses allowed as a "permitted use" [SR] or as a "conditional use" [SR] in this PNB Planned Neighborhood Business District: 1. Permitted Uses. Those land uses enumerated as permitted uses within the NB Neighborhood Business District, Section 19.35.330 A.,Land Use, of the Elgin Municipal Code, as it may be amended from time to time. 2. Conditional Uses. Those land uses enumerated as conditional uses within the NB Neighborhood Business District, Section 19.35.330 B., Land Use, of the Elgin Municipal Code, as it may be amended from time to time. 3. Similar Uses. Those land uses enumerated as similar uses within the NB Neighborhood Business District, Section 19.35.330 C.,Land Use, of the Elgin Municipal Code, as it may be amended from time to time. G. Site Design. In this PNB Planned Neighborhood Business District, the use and development of land and structures shall be subject to the provisions of Section 19.12,"Site Design", of the Elgin Municipal Code, as amended, Section 19.35.335 "Site Design" for NB Neighborhood Business District, of the Elgin Municipal Code,as amended,except as provided within this section,and shall be in substantial conformance with the following documents: 1. Substantial conformance to the Development Application submitted by Bluestone Net Lease Properties, LLC, as applicant, and Susan L. Metzger, Trustee of the Susan L. Metzger Trust dated 6/6/2022 and Karen G. Galler, Trustee of the Metzger Family Trust No. 101 dated 6/6/2020, as property owners,received June 20, 2022, and supporting documents including: A. Revised Statement of Purpose and Conformance(revised 9/6/22),prepared by Bluestone Net Lease Properties,received September 7, 2022 and letter dated October 14, 2022 from Bluestone Single Tenant Properties, RE: Petition #31-22, 32-22 & 33-22 Lake Street (US 20) & Lambert, Unincorporated Cook County; b. ALTA/NSPS Land Title Survey, prepared by Manhard Consulting Ltd., dated April 24,2021; c. Plat of Annexation,prepared by Manhard Consulting Ltd., dated June 25, 2021, last revised August 9, 2022, with such further revisions as required by the Community Development Director; -7 - d. Bartlett Fire Protection District Access Easement Grant and Vacation, prepared by Manhard Consulting Ltd., dated August 10, 2022, with such further revisions as required by the City Engineer; e. Undated architectural plan set titled: "Elgin, Illinois Thorntons 5500 SF Pump& Go",prepared by Luckett&Farley, received September 7, 2022, with such further revisions as required by the Community Development Director; f. Existing Conditions and Demolition Plan, Sheet 1 of 4, prepared by Manhard Consulting Ltd., dated June 15, 2022, last revised September 2, 2022,with such further revisions as required by the City Engineer; g. Preliminary Site Dimensional and Paving Plan, Sheet 2 of 4, prepared by Manhard Consulting Ltd., dated June 15, 2022, last revised September 2, 2022,with such further revisions as required by the City Engineer; h. Preliminary Grading Plan, Sheet 3 of 4, prepared by Manhard Consulting Ltd., dated June 15, 2022, with such further revisions as required by the City Engineer; i. Preliminary Utility Plan, Sheet 4 of 4, prepared by Manhard Consulting Ltd., dated June 15, 2022, last revised August 12, 2022, with such further revisions as required by the City Engineer; j. Four-page Landscape Plans, prepared by Manhard Consulting Ltd., dated August 15, 2022, last revised September 2, 2022, with such further revisions as required by the Community Development Director; k. Six-page photometrics plans for: "Thorntons Elgin, IL", prepared by Red Leonard Associates, dated August 15,2022,with such further revisions as required by the Community Development Director; and 1. Signage package for"Thorntons, Site Address: Lambert Ln &US Rte 20 Lake St. Elgin, IL, 60120", prepared by Stratus, dated last revised August 18, 2022, with such further revisions as required by the Community Development Director; In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. A departure is hereby granted to allow the construction of a six-foot-high,solid, privacy fence within the street yard along Lamber Lane. Such fence shall be constructed of durable PVC material and neutral color. 3. The location and design of vehicular access to the property and the configuration of and required improvements to US Highway 20/ Villa Street, and the associated right-of-way is subject to the review and approval of the Illinois Department of Transportation. 4. The sale of any beer or malt products by the single container is not permitted. - 8 - The sale of any single container of alcoholic liquor, other than beer, with a volume of the container less than 25.36 fluid ounces (or approximately 750 milliliters)is not permitted. 5. Consumption of alcoholic beverages on the premises is not permitted. 6. The applicant shall submit a recorded plat of easement abrogation for the existing 20-foot-wide access easement for Bartlett and Countryside Fire Protection District prior to the issuance of the building permit. If a new access easement for Bartlett and Countryside Fire Protection District will be granted, such easement document shall be submitted prior to the issuance of the Certificate of Occupancy. 7. The applicant shall stripe pavement marking Lambert Lane in front of the eastern access driveway to the car wash property at 1620 Villa Street to prevent southbound vehicles on Lambert Lane blocking the access driveway for the car wash while stopped at the traffic signal of US Highway 20 and Lambert Lane. In addition, the applicant shall install a "Do Not Block Driveway"traffic sign on the west side of Lambert Lane and north of the access driveway for the car wash property at 1620 Villa Street. 8. The public sidewalk to be constructed along the subject property's frontage along Lambert Lane shall be extended and constructed westward along Lambert Lane to Hillard Drive with a connection to the existing public sidewalk along Hillard Drive pursuant to plans approved by the City Engineer. 9. Compliance with all applicable codes and ordinances. H. Off Street Parking. In this PNB Planned Neighborhood Business District, off- street parking shall be subject to the provisions of Chapter 19.45 "Off Street Parking", of the Elgin Municipal Code, as amended. Off Street Loading. In this PNB Planned Neighborhood Business District, off- street loading shall be subject to the provisions of Chapter 19.47 "Off Street Loading", of the Elgin Municipal Code, as amended. J. Signs. In this PNB Planned Neighborhood Business District, signs shall be subject to the provisions of 19.50 "Street Graphics", of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following documents: 1. A departure is hereby granted to allow the installation of a wall graphic which projects more than twelve (12) inches from the surface to which it has been attached in substantial conformance to the signage package for"Thorntons,Site -9- Address: Lambert Ln & US Rte 20 Lake St. Elgin, IL, 60120", prepared by Stratus, dated last revised August 18, 2022, with such further revisions as required by the Community Development Director. 2. A departure is hereby granted to allow the installation of two canopy graphics on the south side of the canopy over fueling stations for semi-trucks in substantial conformance to the Signage package for"Thorntons, Site Address: Lambert Ln&US Rte 20 Lake St.Elgin,IL,60120",prepared by Stratus,dated last revised August 18, 2022, with such further revisions as required by the Community Development Director. K. Nonconforming Uses and Structures. In this PNB Planned Neighborhood Business District, nonconforming uses and structures shall be subject to the provisions of Chapter 19.52 "Nonconforming Uses and Structures" of the Elgin Municipal Code, as amended. L. Amendments. In this PNB Planned Neighborhood Business District,text and map amendments shall be subject to the provisions of Chapter 19.55 "Amendments" of the Elgin Municipal Code, as amended. M. Planned Developments. In this PNB Planned Neighborhood Business District,the use and development of the land and structures shall be subject to the provisions of Chapter 19.60"Planned Developments"of the Elgin Municipal Code,as amended. A conditional use for a planned development may be requested by the property owner without requiring an amendment to this PNB zoning district. N. Conditional Uses. In this PNB Planned Neighborhood Business District, conditional uses shall be subject to the provisions of Chapter 19.65 "Conditional Uses", of the Elgin Municipal Code, as amended. A conditional use may be requested by the property owner without requiring an amendment to this PNB zoning district. O. Variations. In this PNB Planned Neighborhood Business District,variations shall be subject to the provisions of Chapter 19.10.500 "Authorized Land Use Variations", Chapter 19.12.800 "Authorized Site Design Variations", and Chapter 19.70"Variations", of the Elgin Municipal Code, as amended. A variation may be requested by the property owner without requiring an amendment to this PNB zoning district. P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75"Appeals",of the Elgin Municipal Code, as amended. - 10 - 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 - 11 - EXHIBIT D DRAFT 10/28/2022 Ordinance No. Gxx-22 AN ORDINANCE GRANTING A CONDITIONAL USE FOR ACCESSORY PACKAGE LIQUOR SALES ESTABLISHMENT AND CONVENIENCE FOOD STORE OPERATED ON A TWENTY- FOUR HOUR BASIS IN THE PNB PLANNED NEIGHBORHOOD BUSINESS DISTRICT ORDINANCE NO. GXX-22 AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1630 Villa Street) WHEREAS,written application has been made for a conditional use to establish accessory package liquor sales and a convenience food store, operated on a twenty four (24) hour basis as part of the motor vehicle service station/fuel center at 1630 Villa Street; and WHEREAS, the zoning lot with the building containing the premises at 1630 Villa Street is legally described herein(the"Subject Property"); and WHEREAS, the Subject Property is located within the PNB Planned Neighborhood Business District, established by Ordinance No. GXX-22, and ARC Arterial Road Corridor Overlay District,and accessory package liquor sales establishment[SR] (UNCL)and convenience food store, operated on a twenty four(24)hour basis (5411) are listed as a conditional use within the PNB Planned Neighborhood Business District established by Ordinance No. GE(X',-22; and WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning said application on September 12,2022, 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 granting a conditional use in the PNB Planned Neighborhood Business District pertains to the government and affairs of the city. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact,dated September 12,2022, 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 a conditional use for an accessory package liquor sales establishment and a convenience food store, operated on a twenty four(24)hour basis is hereby granted for the property commonly known as 1630 Villa Street, commonly identified by Cook County Property Index Numbers 06-20-400-016-0000 and 06-29-201-006-0000, and legally described as follows: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 20 IN SHERWOOD OAKS UNIT NO. 6, BEING A SUBDIVISION OF PARTS OF SECTIONS 20 AND 21, TOWNSHIP AND RANGE AFORESAID, ACCORDING TO THE PLAT THEREOF RECORDED ON NOVEMBER 10, 1977 AS DOCUMENT NO. 24188979, SAID CORNER ALSO BEING A CORNER OF LAKE STREET MEMORIAL PARK;THENCE SOUTH 09° 18'50"WEST ALONG THE WESTERLY LINE OF LAKE STREET MEMORIAL PARK, 299.28 FEET TO A POINT ON SAID WESTERLY LINE THAT IS 200.00 FEET NORTHERLY OF,AS MEASURED ALONG SAID WESTERLY LINE, THE NORTHERLY RIGHT OF WAY LINE OF S.B.I. ROUTE 5 (LAKE STREET) PER PLAT OF DEDICATION RECORDED NOVEMBER 17, 1932 IN BOOK 301 OF PLATS, PAGES 18 AND 19; THENCE WESTERLY PARALLEL WITH SAID NORTHERLY RIGHT OF WAY LINE, BEING ALONG A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 1953.93 FEET AN ARC DISTANCE OF 100.01 FEET TO A LINE 100.00 FEET WESTERLY OF, AS MEASURED PERPENDICULAR AND PARALLEL WITH SAID WESTERLY LINE OF LAKE STREET MEMORIAL PARK, THE CHORD OF SAID ARC HAVING A LENGTH OF 100.00 FEET AND A BEARING OF NORTH 80°43'28" WEST; THENCE SOUTH 09° 18' 50" WEST ALONG SAID PARALLEL LINE, 199.99 FEET TO SAID NORTHERLY RIGHT OF WAY LINE OF S.B.I. ROUTE 5 (LAKE STREET); THENCE EASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE, BEING A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 2153.87 FEET AN ARC DISTANCE OF 100.01 FEET TO SAID WESTERLY LINE OF LAKE STREET MEMORIAL PARK, THE CHORD OF SAID ARC HAVING A LENGTH OF 100.00 FEET AND A BEARING OF SOUTH 80°43' 15"EAST; THENCE SOUTH 09° 18' 50"WEST ALONG SAID WESTERLY LINE, 50.01 FEET TO THE CENTER LINE OF SAID S.B.I ROUTE 5 (LAKE STREET); THENCE NORTHWESTERLY ALONG SAID CENTER LINE, BEING ALONG A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 2203.87 FEET AN ARC DISTANCE OF 911.22 FEET TO A POINT OF TANGENCY, THE CHORD OF SAID ARC HAVING A LENGTH OF 904.74 FEET AND A BEARING OF NORTH 70° 10' 31" WEST; THENCE NORTH 58° 19' 49" WEST ALONG SAID CENTER LINE, 419.05 FEET TO THE 2 SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK'S DIVISION OF AFORESAID SECTION 20, ACCORDING TO THE PLAT THEREOF RECORDED MAY 31, 1895 AS DOCUMENT NO. 2227309; THENCE NORTH 59° 43' 20" EAST ALONG SAID SOUTHEASTERLY LINE,AS MONUMENTED, 542.78 FEET TO THE MOST NORTHERLY SOUTHEAST CORNER, AS MONUMENTED, OF SAID LOT 17, BEING ALSO A POINT ON THE NORTHWESTERLY LINE EXTENDED SOUTHWESTERLY OF THE AFORESAID SHERWOOD OAKS UNIT NO. 6; THENCE NORTH 58° 35' 54" EAST ALONG SAID NORTHWESTERLY LINE EXTENDED SOUTHWESTERLY OF SHERWOOD OAKS UNIT NO. 6 A DISTANCE OF 272.59 FEET TO THE MOST WESTERLY CORNER OF LOT 21 IN SAID SHERWOOD OAKS UNIT NO. 6; THENCE SOUTH 52° 34' 49" EAST ALONG THE SOUTHWESTERLY LINE OF SAID LOT 21, A DISTANCE OF 402.74 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 21, BEING A POINT ON THE RIGHT OF WAY OF WILL SCARLET LANE AS PLATTED IN SAID SHERWOOD OAKS UNIT NO 6; THENCE ALONG SAID RIGHT OF WAY OF WILL SCARLET LANE THE FOLLOWING 2 COURSES SOUTH 17° 52' 26" WEST, 63.68 FEET AND SOUTHERLY, EASTERLY AND NORTHERLY ALONG A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 75.00 FEET AN ARC DISTANCE OF 402.96 FEET TO THE MOST WESTERLY CORNER OF AFORESAID LOT 20 IN SHERWOOD OAKS UNIT NO. 6 THE CHORD OF SAID ARC HAVING A LENGTH OF 65.94 FEET AND A BEARING OF SOUTH 72° 07' 03" EAST; THENCE SOUTH 72° 07' 03" EAST ALONG THE SOUTHERLY LINE OF SAID LOT 20, A DISTANCE OF 243.98 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS. EXCEPTING THEREFROM THAT PART CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS,DEPARTMENT OF TRANSPORTATION BY TRUSTEE'S DEED RECORDED JANUARY 27,2005,AS DOCUMENT 0502749334,DESCRIBED AS FOLLOWS: THAT PART OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 20 IN SHERWOOD OAKS UNIT NO. 6, BEING A SUBDIVISION OF PART OF,SECTIONS 20 AND 21, TOWNSHIP AND RANGE AFORESAID, ACCORDING TO THE PLAT THEREOF RECORDED, NOVEMBER 10, 1977 AS DOCUMENT NO. 24188979, SAID CORNER BEING ALSO A CORNER OF LAKE STREET MEMORIAL PARK CEMETERY; THENCE SOUTH 09 DEGREES 18 MINUTES 50 SECONDS WEST ALONG THE WESTERLY LINE OF SAID LAKE STREET MEMORIAL PARK CEMETERY, 499.28 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE NO. 20 PER PLAT OF DEDICATION OF S.B.I. ROUTE 5 RECORDED NOVEMBER 17, 1932 IN BOOK 301 OF PLATS,PAGES 18 AND 19; THENCE WESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE OF U.S.ROUTE NO. 20, BEING A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 2153.87 FEET,AN ARC DISTANCE OF 228.58 FEET TO THE POINT OF BEGINNING,THE CHORD OF SAID ARC HAVING A LENGTH OF 228.47 FEET AND A BEARING OF NORTH 79 DEGREES 00 MINUTES 39 SECONDS WEST;THENCE SOUTH 14 DEGREES 01 MINUTE 46 SECONDS WEST ALONG A LINE THAT IS RADIAL TO THE LAST DESCRIBED CURVE,50.00 FEET TO THE CENTER LINE OF U.S.ROUTE NO.20 PER THE AFORESAID 3 PLAT OF DEDICATION RECORDED IN BOOK 301 OF PLATS, PAGES 18 AND 19; THENCE WESTERLY ALONG SAID CENTER LINE,BEING A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 2203.87 FEET,AN ARC DISTANCE OF 586.57 FEET,THE CHORD OF SAID ARC HAVING A LENGTH OF 584.84 FEET AND A BEARING OF NORTH 68 DEGREES 20 MINUTES 45 SECONDS WEST; THENCE NORTH 29 DEGREES 16 MINUTES 44 SECONDS EAST RADIAL TO SAID CENTER LINE, 50.00 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID U.S. ROUTE NO. 20; THENCE NORTH 67 DEGREES 55 MINUTES 36 SECONDS EAST, 38.59 FEET; THENCE NORTH 27 DEGREES 32 MINUTES 55 SECONDS EAST, 61.62 FEET; THENCE SOUTH 62 DEGREES 27 MINUTES 05 SECONDS EAST, 80.00 FEET; THENCE SOUTH 27 DEGREES 32 MINUTES 55 SECONDS WEST, 16.61 FEET;THENCE SOUTH 01 DEGREE 05 MINUTES 45 SECONDS EAST, 73.01 FEET; THENCE EASTERLY ALONG A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 2143.87 FEET AN ARC DISTANCE OF 333.60 FEET,THE CHORD OF SAID ARC HAVING A LENGTH OF 333.26 FEET AND A BEARING OF SOUTH 68 DEGREES 54 MINUTES 47 SECONDS EAST;THENCE SOUTH 68 DEGREES 48 MINUTES 57 SECONDS EAST, 98.01 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF OUTLOT "C" OF FINAL PLAT OAK RIDGE PHASE 1, BEING A SUBDIVISION OF PART OF SAID SOUTHEAST QUARTER OF SECTION 20 ACCORDING TO THE PLAT THEREOF RECORDED MARCH 14,2005 AS DOCUMENT NO. 0507344002;THENCE SOUTH 60 DEGREES 19 MINUTES 17 SECONDS EAST, 260.03 FEET (RECORD BEING SOUTH 60 DEGREES 29 MINUTES 39 SECONDS EAST,259.87 FEET)ALONG THE SOUTHWESTERLY LINE OF SAID OUTLOT "C" TO THE MOST SOUTHERLY CORNER OF SAID OUTLOT "C", BEING A POINT ON THE SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK'S DIVISION OF SAID SECTION 20, ACCORDING TO THE PLAT THEREOF RECORDED MAY 31, 1895 AS DOCUMENT NO. 2227309;THENCE NORTH 59 DEGREES 43 MINUTES 20 SECONDS EAST(RECORD BEING NORTH 59 DEGREES 31 MINUTES 38 SECONDS EAST) ALONG THE SOUTHEASTERLY LINE OF SAID OUTLOT "C", 72.93 FEET TO A POINT ON A NON-TANGENT CURVE FOR THE POINT OF BEGINNING; THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 208.00 FEET AN ARC DISTANCE OF 514.38 FEET TO A POINT OF TANGENCY, THE CHORD OF SAID ARC HAVING A LENGTH OF 392.97 FEET AND A BEARING OF SOUTH 43 DEGREES 17 MINUTES 50 SECONDS EAST;THENCE SOUTH 27 DEGREES 32 MINUTES 55 SECONDS WEST, 154.47 FEET TO A CORNER OF LAND CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION BY TRUSTEES' DEEDS RECORDED JANUARY 27, 2005 AS DOCUMENT NO. 0502749334 AND DOCUMENT NO. 0502749335; THENCE NORTH 62 DEGREES 27 MINUTES 05 SECONDS WEST ALONG THE 4 NORTHERLY LINE OF SAID STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION LAND, 80.00 FEET TO THE MOST NORTHERLY CORNER THEREOF;THENCE NORTH 27 DEGREES 32 MINUTES 55 SECONDS EAST,215.96 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE NORTHWESTERLY AND WESTERLY ALONG A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 142.00 FEET AN ARC DISTANCE OF 290.05 FEET TO A POINT OF REVERSE CURVATURE, THE CHORD OF SAID ARC HAVING A LENGTH OF 242.19 FEET AND A BEARING OF NORTH 56 DEGREES 37 MINUTES 28 SECONDS WEST; THENCE WESTERLY ALONG A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 208.00 FEET AN ARC DISTANCE OF 152.07 FEET TO THE AFORESAID SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK'S DIVISION OF SECTION 20, THE CHORD OF SAID ARC HAVING A LENGTH OF 148.71 FEET AND A BEARING OF SOUTH 85 DEGREES 48 MINUTES 13 SECONDS WEST; THENCE NORTH 59 DEGREES 43 MINUTES 20 SECONDS EAST (RECORD BEING NORTH 59 DEGREES 31 MINUTES 38 SECONDS EAST)ALONG SAID SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 AND ALONG THE SOUTHEASTERLY LINE OF AFORESAID OUTLOT "C", 143.08 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERN MOST CORNER OF ROUTE 20(LAKE STREET)RIGHT OF WAY CONVEYED BY DOCUMENT 050274933, RECORDED JANUARY 27, 2005; THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID RIGHT OF WAY, 61.62 FEET; THENCE SOUTH 67 DEGREES 55 MINUTES 00 SECONDS WEST, ALONG SAID WESTERLY LINE, 38.59 FEET TO THE NORTHERLY RIGHT OF WAY OF U.S. ROUTE 20 PER PLAT OF DEDICATION OF S.B.I. ROUTE 5 (LAKE STREET) RECORDED NOVEMBER 17, 1932 IN BOOK 301 OF PLATS, PAGES 18 AND 19; THENCE WESTERLY 89.87 FEET ALONG THE NORTHERLY RIGHT OF WAY LINE OF U.S. ROUTE NO 20, BEING A CURVE TO THE RIGHT; HAVING A RADIUS OF 2,153.87 FEET, CHORD BEARING NORTH 59 DEGREES 32 MINUTES 08 SECONDS WEST, AND CHORD LENGTH OF 89.86 FEET TO A POINT OF TANGENCY; THENCE NORTH 58 DEGREES 20 MINUTES 24 SECONDS WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 392.44 FEET TO THE SOUTHEASTERLY LINE, AS MONUMENTED, OF LOT 17 IN THE COUNTY CLERK'S DIVISION OF AFORESAID SECTION 20, ACCORDING TO THE PLAT THEREOF RECORDED MAY 31, 1898 AS DOCUMENT 2227309; THENCE NORTH 59 DEGREES 42 MINUTES 44 SECONDS EAST, ALONG SAID SOUTHEASTERLY LINE 260.54 FEET, TO THE SOUTHERLY LINE OF LAMBERT LANE PER DOCUMENT 1006844025, RECORDED MARCH 9, 2010; THENCE NORTHERLY, 152.08 FEET ALONG SAID SOUTHERLY LINE,BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 208.00 FEET, CHORD BEARING NORTH 85 DEGREES 47 MINUTES 43 SECONDS EAST, AND CHORD LENGTH OF 148.71 FEET TO A POINT OF 5 REVERSE CURVE; THENCE EASTERLY AND SOUTHERLY, 290.05 FEET ALONG SAID SOUTHERLY LINE, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 142.00 FEET, CHORD BEARING SOUTH 56 DEGREES 38 MINUTES 03 SECONDS EAST AND A CHORD LENGTH OF 242.19 FEET; THENCE SOUTH 27 DEGREES 32 MINUTES 19 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID LAMBERT LANE, 215.95 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. ALSO EXCEPTING THEREFROM ANY REMAINING PORTION LYING WITHIN LAKE STREET. (Commonly known as 1630 Villa Street) Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions: 1. Substantial conformance to the Development Application submitted by Bluestone Net Lease Properties, LLC, as applicant, and Susan L. Metzger, Trustee of the Susan L. Metzger Trust dated 6/6/2022 and Karen G. Galler, Trustee of the Metzger Family Trust No. 101 dated 6/6/2020, as property owners, received June 20, 2022, and supporting documents including: a. Revised Statement of Purpose and Conformance (revised 9/6/22), prepared by Bluestone Net Lease Properties,received September 7,2022; b. ALTA/NSPS Land Title Survey,prepared by Manhard Consulting Ltd.,dated April 24, 2021; c. Plat of Annexation,prepared by Manhard Consulting Ltd.,dated June 25,2021,last revised August 9, 2022, with such further revisions as required by the Community Development Director; d. Bartlett Fire Protection District Access Easement Grant and Vacation,prepared by Manhard Consulting Ltd., dated August 10, 2022, with such further revisions as required by the City Engineer; e. Undated architectural plan set titled: "Elgin, Illinois Thorntons 5500 SF Pump & Go",prepared by Luckett&Farley,received September 7, 2022,with such further revisions as required by the Community Development Director; f. Existing Conditions and Demolition Plan, Sheet 1 of 4, prepared by Manhard Consulting Ltd., dated June 15, 2022, last revised September 2, 2022, with such further revisions as required by the City Engineer; g. Preliminary Site Dimensional and Paving Plan, Sheet 2 of 4,prepared by Manhard Consulting Ltd., dated June 15, 2022, last revised September 2, 2022, with such further revisions as required by the City Engineer; h. Preliminary Grading Plan, Sheet 3 of 4, prepared by Manhard Consulting Ltd., dated June 15, 2022,with such further revisions as required by the City Engineer; i. Preliminary Utility Plan, Sheet 4 of 4,prepared by Manhard Consulting Ltd.,dated June 15,2022,last revised August 12,2022,with such further revisions as required by the City Engineer; j. Four-page Landscape Plans, prepared by Manhard Consulting Ltd., dated August 6 15,2022,last revised September 2,2022,with such further revisions as required by the Community Development Director; k. Six-page photometrics plans for: "Thorntons Elgin, IL",prepared by Red Leonard Associates, dated August 15, 2022, with such further revisions as required by the Community Development Director; and 1. Signage package for"Thorntons, Site Address: Lambert Ln &US Rte 20 Lake St. Elgin, IL, 60120", prepared by Stratus, dated last revised August 18, 2022, with such further revisions as required by the Community Development Director; 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 location and design of vehicular access to the property and the configuration of and required improvements to US Highway 20/Villa Street, and the associated right- of-way is subject to the review and approval of the Illinois Department of Transportation. 3. The sale of any beer or malt products by the single container is not permitted. The sale of any single container of alcoholic liquor, other than beer, with a volume of the container less than 25.36 fluid ounces (or approximately 750 milliliters) is not permitted. 4. Consumption of alcoholic beverages on the premises is not permitted. 5. The operation of an accessory package liquor sales establishment as authorized by this ordinance shall be conducted in compliance with all applicable legal requirements including, but not limited to, obtaining liquor licenses from the City of Elgin and the State of Illinois.Notwithstanding anything to the contrary in this ordinance,including, but not limited to,the fact that the convenience food store is authorized to be operated on a twenty-four(24)hour basis on the property, alcoholic liquors may be sold on the property only between the hours authorized by the City's Liquor Code, as amended, pursuant to the liquor license issued for the property. 6. The applicant shall submit a recorded plat of easement abrogation for the existing 20- foot-wide access easement for Bartlett and Countryside Fire Protection District prior to the issuance of the building permit. If a new access easement for Bartlett and Countryside Fire Protection District will be granted, such easement document shall be submitted prior to the issuance of the Certificate of Occupancy. 7. The applicant shall stripe pavement marking on Lambert Lane in front of the eastern access driveway to the car wash property at 1620 Villa Street to prevent southbound vehicles on Lambert Lane blocking the access driveway for the car wash while stopped at the traffic signal of US Highway 20 and Lambert Lane. In addition, the applicant shall install a"Do Not Block Driveway"traffic sign on the west side of Lambert Lane and north of the access driveway for the car wash property at 1620 Villa Street. 7 8. The public sidewalk to be constructed along the subject property's frontage along Lambert Lane shall be extended and constructed westward along Lambert Lane to Hillard Drive with a connection to the existing public sidewalk along Hillard Drive pursuant to plans approved by the City Engineer. 9. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law. David J. Kaptain, Mayor Presented: Passed: Vote: Yeas Nays: Recorded: Published: Attest: Kimberly A. Dewis, City Clerk 8 •,, i \ /, -------„----_ _ EXHIBIT E ----z.--_ 1,\ ririii55-21:4:- .--.....---------- I \\ I 1 \‘, \ IMOIENIVINE •,,, , -------:i...-,--:7--------, ,i,,,,ayl- io i /,' ig i,\ ,/4 i IP- ..., /... I i ti i i i f---- Iv,-- WAGGLED!LEGEND ,.,. ,' ,,:ti-4.,:%''''''. s••••:2E,:,'''''';44,..: 1 / V ti,,, I ,'-.. 1 i J /1 i i I 7/ ,;•..;•-, -:".-7:• -------Z-7.--":?_:-,Zk,.. %,;.` ' .,, '----, i ki'W`47,V•42'"''''''' /WIZ% ';•1°' 17: ." '''' :22}',s.s.-•..„. '''\, • i i Ki:——- •Bm7ii• a gill _ .......-..;_,.. .-, / _._7/ .• , .N , \ - ,,, . ti , i , i / i , 1 , i , I ,. \ ‘ ,‘ ----, ,I ‘ i x x xg.'.dirazaz6,.- Illicilil i .2;01 ,, i • -,/--..:::---- ..-/ MMHG STORMWATBI . li/ I\\''s. ''' \\ ' I • . \ ---..‘, \ ,XX,X ...... 11111,.., / 7- •7. MANAGEMENT MARY ) ,...., ,Iii \\\'''' II.W.L(ELC00.704.2 ' ,,,LV.,.....• ir. ,77A 't‘11, ''.... IN I V 4 NMI.powiran-niaa ', -, AL'ill N.WL.778.0 I pl,;r6-1 , Qi-,:i-- V1 ii''- , ' 7--1 • IUM -, „ • Fr, 'Z' ,../ \...... fi.,,,,,,,r, M,4.-- ' -24.........., ''••••'1,?‘ ___,..!,, .___„?_-- __________....k_l_______,,_. ,, , •ROD PLANS mu°TAAL ENGAWDLAG ......-.-...,.._,., =-.W.G.T•tflf:',D•troViore,, `z••' • it•.(-,..r .,p '.. ,-,,T.,\f-yi,..,,,;,', ..,;,4- I E.._,E______-- k_ -7-1,, ‘ INWIDNG GAUD DALE A DOM ,,wD.! . ----,..tta- ."' '''''• 1 611 41 ii Wiriaer 's•` •'-• L.-If:tr.:._,•_;-_ • ..- 'r k,-.9 t,' , `,.•-,....::;is,dt5::-.,1_:-,_-_1::.2 1:________------_--i_ , MEMO CAA WASH 'a'. "°'' Vii; 7----- I I Ce'44•Arq r i III ___-_ i • -____ , , ''`''4, .-tti.,0.-; •."!' i:,-_---__,._-,,-______---_--__---,------.._-_ _.--'\-'Itit,,-l'.I- .,L,T...4..1,.,,,,.,,0,. _, _‘,.4.../-,,•-,•,ei'i_.:I ....... 0 , f -••:•,-,-„,.....__ ____ ---_-_- __-___L..____/- IF ,-., i\\\ ....... ,,, 1.61 --Pig i ' ',- ak. , ...._ ...., 1 - - ---------__ --------_;-__-_ -_-_•,____ .. ‘,./ -\y,,-:-.71--••• ..... , i' .t..- . •••-----. 1 ---'...:----:-.--.-:,--: -- --'=.--- — •------'1, ---:-.------.---';.,. , - --.._:,..>,--__.2±.,... _.1--',4^-- ac---,-----4----fc- —_ -:-,,=t 7-=---- I ‘:;: 1 -- f•,:••;:--.----..7 - _ -___ 0,,, [1.-C---711=7- • '-1-= . -7_-_-_r_A. -__ -,z ...,,:-.-," ,.•-- 0: 2 L --.-,::.:- - - ------__ -... a• _ f _ \-----\ - - _ _ 1.,. - _L-L---__I• - -___:-.____ - _ ------- _ - ,,., ___ ,1,----• _____• __- _______-____ ROUTENO.ff.(LAKE MEET)- - ---- - --- -/ '''.--'"-- ----------- --- -- --- ----2kkk‘ '7'\7-----7-- --- -7-:--"-=-=--=- -7—v77L-7---77--------------___ — — \ , \ 1 ft ' DELIWAIDES ..\ aimPlanIciaanieli=t7U. III KAEAD"'''"D741=rrn!EIZ ADDI''RIVZI DE ' Ei \ L-1 i \ E 1 4 41; \ \ , , \ g ' I 111 • • , \ ' I 1 ,1 , \_______- 7.-F.M..1z4F.47:=7,...=tz, I - 6 )g „, II i : II/ ' 1 t Ili 4, ' Ili \ r='''''" I 1 4 ......... ........_... i Lamm . i • l/ XVf !l 1 : / �s�I I `1 i I III 11 1 �...� \`, \ / 1/ 11 \u / \ o / / /// I \1;1 l�gi / r, I I � V in „ I 11 , i i �_"9e®a�3� z /.S' ' AN 3 —_-1-: / f 3e /�; A T 1 I I 1 , 1:aim .. . 1e i na,-7ip„ il l/ ,/ '24 II I I _� :1 I= I I `�$d as / / I1 I " Ilir p / '— ,— �J ' _ I / ,,r /. ,I, I 1 - . -,1, .11N.[-,1 - -...... ,.....anNOS TIM I ' 3 ‘ V1I iki J in � EjI{I 1..�� i8 ' ... j v^a ; _ 1 ``I ' II\- ;\1 j _=1 r 1 , 1 -- 2 - — — i Fick ii.,ii ill ; s 1 P.1 —N I'll, PROPOSEDFUELCENTER 'Manhar A 6H qy CRY OF ELGIN,IWNOIS O�SVL.�' �. �d LT� W A plji Ir lr PRELIMINARY SITE DIMENSIONAL AND PAVING PLAN 0 _ji8, zz= u' :n rr; I L a: I II• f :ill 1 I' I ;I: l r 'lilt 1 \, :I 1 Iu h i 1 I,! I , / 1 `,.\ . `., / n iu1 , u 1 \ u i l ii I I i I \ � \, p u / I it r rII I� g ' \ �\; \pp \ I III I, u ll ' I i rf1€i \ `; ' NZ II 1 III I I I/ i 1 , i vi.'g frI ' �, I� ' �9 \` �\ I _t / ,_c .\ VLA •v''`. `sue� ,' / .-' � �/ ll ' rill! l �It l r' •� . ' 11 , IeI 3liI I m * I II '�If 4 1 F'1I y F ti. i 11 r el �'YipA �l I llI L �I" 1' ! \ eI!/ J I � � ei . / /-- II i ,,si firi4' J I v VII,:Ir + I l�,7•:� :.r Ia II : ,au r_ '. I -" .. : 4„, II I .-, q + ; 11� iA,r,.T A.;, 11 � • I . . I 1 � , r i \ • may , I .II � . � I T 1 - �� , �I * II J `� - V � F & — it ' 1 1 10—�110.ii� -, ro, ‘, i111 .. C 1 " � � r r�� NI .� \ II 11� "" I \,'\ �• i g r 1 le.k t r. 11 , I I •'�, ti. -Vi1 ^ ia•5::::olrI ! R"Ph aIc g ! Ii9 •�W If1�!'� PROPOSED FUEL CENTER rilManhard q i p�� CITY OFELGIN RADINOIS CONSULTIINNG LTOR A lj Ir PRELIMINARY GRADING PLAN -g_ I I %l 1 .1 I ,%� ill1. 1 j4 n• FI :;11 1� .1 e1 I Bl 1 ; I nll i --iY- N I y I lr 1 ffI xmo d—... 11 I \ °I'/ 1 ' III ' 0 :;r2 ) \ ` '`,N\ ., .. Ai l 11 III � � ,F � C �\ 11 ' 11 /I $i5 4Sp \ \`\.\ �\\ \\\ j. I ii I III I o5p \' \\\ \\ 11 f R 1 ,, p \�\ jI l/i ' ' i �0 '-- j r-FC Ill , lla II / Fhh \ x } 111)1 �. I11 I 1j1III� t Caw i 11 If l \�\ I I I 1 .I III ° / Q .y III I 1! \ ICI ' di �7 , II ° F py� �I b �� \\\ 1 1 ill �` ff —':-.7'="-',--...,.... I 1 E. .. ir °-. 0 )RI'''. Irv- aprn •. NN gil 1 / Ir I I ji Y >- , / II II Iy II KIR� `. II • o o 1 II; ® A IE§ I,1I I I41 ▪ e .. / 11 q i=lr.. 0 1, - II N j// III I !II ►: o, CHI7N ( > �f1M I ' , , t. l -11M--- ,. ): 1 II 1'., , I T ig , , jl 1 t i r^ A - \ 8 g,A II1 ; PROPOSED FUEL CENTER 'Manhar p Y � � � CITY LIMINALGIN,IWNOIS ��CONSULTIINNG LTD _ - 155� Ilj r I( PRELIMINARY UTILITY PLAN m..F-a_...�,a. _, w EXHIBIT F APPLICABLE IMPACT FEES FOR ANNEXATION AGREEMENT FOR 8.321-ACRES AT NORTHEAST CORNER OF LAMBERT LANE AND US-20(LAKE STREET),ELGIN,ILLINOIS (THORNTONS DEVELOPMENT) October 19,2022 The following impact and/or recapture fees are applicable to this development: 1. Water System Capital Connection Fee See Section 17.04.050 of the Elgin Municipal Code, 1976 as amended. Notes 1. 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. 2. Impact fees required by and due other agencies or jurisdictions(e.g. Kane County Transportation Impact Fee)are not listed here, and this Exhibit F does not in and of itself waive or otherwise exempt their applicability. 3. 1630 Villa is part of Parcels, 23, 27, and/or 31 identified within recapture ordinance No.T6-86. Required fees for all three parcels were received by city staff on August 30,2019 and remitted to the Village of Bartlett in conjunction with the annexation of 1620 Villa Street and the development of the Everclean Carwash. Prepared by: Marc Mylott,AICP Director of Community Development Page 1 of 1