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HomeMy WebLinkAbout22-5 Resolution No. 22-5 RESOLUTION AUTHORIZING EXECUTION OF DECLARATION OF SUBDIVISION PLAT AMENDMENT WITHIN THE VECE RIDGE SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Declaration of Subdivision Plat Amendment for public improvements regarding the property legally described on said declaration of subdivision plat amendment,a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause said Declaration of Subdivision Plat Amendment for Vece Ridge Subdivision to be recorded in the office of the Recorder of Deeds of Cook County, Illinois. s/David J. Kaptain David J. Kaptain, Mayor Presented: January 26, 2022 Adopted: January 26, 2022 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk DECLARATION OF SUBDIVISION PLAT AMENDMENT For all purposes of this Declaration, ("Declaration") the terin "Subdivision Plat" shall be deemed to refer to the Final Plat of Vece Ridge Subdivision recorded in the Office of the Cook County Recorder of Deeds on January 23, 2007, as Document No. 0702322083. 1. The following is a list of the record title holders of the lots depicted on the Subdivision Plat, who shall hereinafter be referred to collectively as the "Owners": A. Ankit Patel Lot 1, 2, 4, 5, 6, 11, 12, 5 Osprey Court 15, 16, 17 & Lot A Streamwood, IL 60107-2813 B. Thomas A. Walsh Lot 3 40 Chestnut Court Elgin, IL 60120-4876 C. Vintage Custom Builders Lot 7 1 ON724 Oxford Lane Elgin, IL 60124-6748 D. Thomas Terranova Lot 8 25 Prairie Pointe Lane Streamwood, IL 60107-2356 E. Township High School District 211 Lot 9, 10 1750 S. Roselle Road Palatine, IL 60067 F. MA & L Antemann Lot 13, 14 5N580 Carriage Way Drive Bartlett, IL 60103-2006 2. The Owners hereby amend the Subdivision Plat in the following respects: A. The Owners hereby acknowledge and agree that Outlot A (i) has been since the recording of the Subdivision Plat, (ii) is as of the date of this Declaration, and (iii) shall remain in the future open space for a stormwater management facility in accordance with the City of Elgin Municipal Code. A Stormwater Management Easement is hereby declared in accordance with the applicable provisions of Exhibit A attached hereto and hereby made a part of this Declaration over (i) Outlot A, (ii) those areas depicted on the Subdivision Plat as C.H.A.E. (City/Homeowners Association Easement) and (iii) those areas depicted on the Subdivision Plat as C.H.A.E (City/Homeowners Association Easement) and Overflow Easement. B. A Public Utility and Drainage Easement is hereby declared in accordance with the applicable provisions of Exhibit B attached hereto and hereby made a part of this Declaration over, those areas depicted on the Subdivision Plat as P.U.E. Public Utility Easement. C. A Public Utility and Drainage Easement is hereby declared in accordance with the applicable provisions of Exhibit B attached hereto and hereby made a part of this Declaration beginning at the southwest corner of Lot 3, thence west 15.00 feet along the westerly extension of the common property line of Lot 2 and Lot 3 to the east property line of Lot 1, thence north 5.00 feet along the east property line of Lot 1, thence east 15.00 feet to the west property line of Lot 3, thence south 5.00 feet to the southwest corner of Lot 3 to the point of beginning. D. A City Easement is hereby declared in accordance with the applicable provisions of Exhibit C attached hereto and hereby made a part of this Declaration over a 5.00 area parallel to and offset from the right-of-way line on Lots 2, 3, 4, 5, 6, 7, 12, 13, 14, 15, 16, and 17. E. Gloria Drive, as depicted on the Subdivision Plat, is hereby dedicated to the City of Elgin. F. Rohrssen Road, as depicted on the Subdivision Plat, is hereby dedicated to the City of p Y Y Elgin. G. Insofar as the terms and provisions of this Declaration purport to modify, amend, or are in conflict with the provisions of the Subdivision Plat, the terms and provisions of this Declaration shall govern and control. In all other respects, the terms and provision of the Subdivision Plat shall remain in full force and effect and unmodified. IN WITNESS WHEREOF, the record title holders have executed this Declaration of Subdivision Plat Amendment, SEE FOLLOWING SIGNATURE PAGES Z:\2021 Real Estate\Hellyer-Vece Ridge�Declaration Subdivision Plat.wpd ,,V� A, I cj,� Ankit Patel Date: 12sl-2,) , 2021 Subscribed and sworn to before me this 45 day of A v q vST , 2021. _ JOHN A.CO7ZI / OFFICIAL SEAL / RUOU aAJ14 ((SS PU6LIC NOtarJy.,PubN-State ofilihno STATF OP fly UOpns 2024p1r� Notary Public I Thomas A. Walsh Date: g 2 2021 Subscribed and sworn to before me this Z�_day of �v �S-� 2021. JOHN A.COZZI MOfAF� OFFICIAL SEAL Notary Public PUBUG Notary Public-State oflllino su o My Commission Expires May 11,2024 I I I' Vintage Custom Builders By - Its V Date: �- , 2021 Subscribed and sworn to before me this &!q 3 day of_ N , 2021. Cp OFFICIAL SEAL L iloTA State of iino -� 7�C Not ion P ary Public Tres l;,AEOF My Commiss Ex i �j' C canoes Mgt 11.2024 Notary Public T omas Terranova Date: , 2021 Subscribed and sworn to before me this 2 o day of AV VVI , 2021. �0= !9 Y uc state of Illino NMyNotary Public ?9 Township High School District 211 By: �, Its /J/•� Qr 4 .+ �a.��4 � ;j- Date: -30&z.� , 2021 Subscribed and sworn to before me this + day of , 2021. OFFIMAISEAL CATNMVWV NOTARY PWUC,STATE OF UNOIS MY COMMISSION EXPIRES:0101Y025 Not4y Pub is MA A n L emann Date: �" l —odd 2021 Subscribed and sworn to before me this 1 $'day of un 2021. EOFFICIAL JOHN A.COZZI Notary Public N-TAY SEAL oSL public-State of WhoommissionMa 11,2024�ires CITY OF ELGIN, a municipal corporation By Mayor Attest: City Cle Dated: January 26, 2022 S ?$MWAT R MaNAC,EMEU WE-MFNT(S W k4 E PU VISIONS The owner. as described in the Owner's CeriMcste. sad its successors and a (the "Ownet"),of the lands as prescribed by this plat does hereby agree to install,comsoruct, rcconstuct, replace, repair. operate and provide Jong seam mainae-eoe (tire "Maintenance Obligations") for all stormwater maxw8emew facilities sad area& described herein and hercoo identified. as —motmwster Mansgemaa Eaadokat' or "S.W.M.E.," within the platted land. including but not himised to deteatioa ponft wetlands, flood plains, special management areas. storm sewer: drainage dinches and swales,as outlined in the stormwater report and in s000tdance with the City of Elgin's ordinances and the final engineering plans approved by the City of Elea No chaW to the grade, topography or stormwater management structures within the Su mwaser Management Easement arras shall be made without the prior%% iam approval of the City. The(honer does hereby resme for aW, grant to the City of Elgin,a permanew essaaumt to enter upon the premises and the Stormwater Management Easement arm with such equipment and personnel as may be daetned noccsury for the purposes of performing aforementioned Maintenance Obligations tymW the Ow-w fail to provide at perfi to such Maintenance Obli pttions. The City sMU have the tight, but not the obligation,to enter the premises with such equ ipmeu and personnel at any time for the purposes of access to and inspection of the storrawater management facilities locasod widria said Stormwater Management Easement arras. If the Owner fails to perform its Mamsaaance Obligations with a to said facilities,and alter thirty(30)days of receipt of written notice from the City of said failure the Owner fails to make the nsqu iced repairs,the City has the right. but not the obtiptioa, to make the required repairs gad to seek reimbursement from the Owner,and/or to file a lieu at the property for the costs incurred by the City in connection with performing the repairs or mint anee. In an a erlpacy situation, the City is not required to provide notice to the Owner prior so making the required repairs or performing the necessary maintenance. No obstruction or structure shall be erected or located,nor shall any trees be planted,aver sprid casement areas, nor stroll any other activities be undertaken that unreasonably interfere with the City's intended use d eK but the stone may be used for landscaping,. fencing.perking or other purposes if approved in writing by the Cift. of Elgirt and if such use does not then or later interfere Kith the aforementioned purposes. The granted easement rights to the City shalt provide the right to the City to rem0%e ank fences,buildings or structures,and to cut down,trim or raw,.,any trees.shrubs,bu hcs, roots or other plantings that interfere with the operation or access to such sio nwAxer management facilities in, on, upon, across. under or through any drainage easement, outlot or Stormwater Management FAsement shown within this plat. Thc Cit, f,,all rwT be responsible for the replacement or repair of any such buildings, structumsr improvements, turf. fences. cites, gmdcm shrubs or landscaping removed or&atged during the exercise of the herein given rights. Replacement andtar repair of said items shall be the responsibility of the then property owner. C. iA�wo—c_ra.M�l/Mwt�T Eat=&r Tsa- swnmw«« r prow a"*gwa(t)OK Exhibit A PUBLIC UTILITY AND DRAINAGE EASEMENT(P U D E) PROVISIONS An exclusive and permanent easement is hereby reserved for and granted to the City of Elgin, an Illinois municipal corporation, the property's Homeowner's Association, and those public utility and other companies operating under franchise granting them rights from the City of Elgin, including, but not limited to, Commonwealth Edison Company, Illinois Bell Telephone Company, Northern Illinois Gas Company, and Comcast Cable Communication, Inc., together with their respective successors and assigns (the "Grantees"), for the Installation, construction, reconstruction, replacement, alteration, enlargement, operation, inspection, repair, maintenance, relocation, renewal and removal of facilities, improvements and appurtenances to serve these and other lands with various public utilities transmission and distribution systems, including without limitation electricity, sounds and signals, cable television, communication, telephone, gas pipelines, water pipelines storm and sanitary sewers, storm water detention and retention facilities, and storm water drainage, together with any and all necessary lines, cables, mains, manholes, hydrants, catch basins, connections, pipes, appliances, and other structures and appurtenances as may be deemed necessary, in, across, along, over, under, and upon the areas hereon identified as "Public Utility and Drainage Easement" (P.U.D.E.); together with the right to install required service connections under the surface of each lot to serve improvements thereon; and together with the right to enter upon the property with such personnel and equipment as may be deemed necessary for all such uses and purposes. No obstruction or structure shall be erected or located, nor shall any trees be planted, over said easement areas, nor shall any other activities be undertaken that unreasonably interfere with the Grantees' intended use thereof, but the same may be used for landscaping, fencing, parking or other purposes if such use does not then or later interfere with the aforementioned easement rights. The right is also hereby granted to the City of Elgin to remove any fences, buildings or structures and to cut down, trim or remove any trees, shrubs, bushes, roots or other plantings that interfere with the operation of or access to such facilities in, on, upon, across, under or through said Public Utility and Drainage Easement. The City of Elgin shall not be responsible for the replacement or repair of any such fences, buildings, structures, trees, turf, gardens, shrubs, landscaping or other improvements removed during the exercise of the herein given rights. Replacement and/or repair of said items shall be the responsibility of the then property owner. The occupation and use of the exclusive easement herein granted and reserved for the Grantees by each of such entities shall be done in such a manner so as not to interfere with or preclude the occupation and use thereof by other entities for which such easements are granted and reserved. The crossing and recrossing of said easements by the Grantees shall be done in such a manner so as not to interfere with, damage, or disturb any transmission and/or distribution systems and facilities appurtenant thereto existing with the easements being crossed or recrossed. Exhibit B C:\Users\dschmidt\AppData\Local\Packages\Microsoft.MicrosoftEdge 8wekyb3d8bbwe\TempState\Downloads\04 Easement Text- Public Utility and Drainage Easement Provisions CBeck 120908 M.doc Page I of 2 M esxltrsivg and pertnsetant eaaeawert(00110110 elawa Itereau ae a aoa-c"lusi"nOl,1,C in common with other Gramm)is bweby wateee, libt awd getawd to the City of 6tgin, at+ ill au cipsl oc>Kporr<iaa„ sw its wta F aad are*= br the installation, constrttction.reconstnooku. 1 m �i - i I,attaat11 a oprcatioa, iawlrection, repair, makoetum". reiaoe dw wawtewW and same- of inproveet saW frcikiti«t weal appmun ances, including wAottt Unhoeiem Mw and SH I 111roles, hydrants. PiPa• connections and as,tt h bMiaw„ to sat w ice and odw bands with improverneraty. tnduding but not limited to loroe=Air*Qenllary aswas,arornt taewets.stmm dt`aia. c. usher maims, pedestrian wad ws^ aaarnic o a*wV and other aeu ncipel or public utility purposes dei SuNd by said City.in.acmes,a ea&over.under sad upon the azea-s described herein and 1 et�woa idaattiad we;"Cjq Etremear"of"C°E.;"togFdaer vrith tau rift to itwtrdl required anvioe aonnecsioes under the surface of each last to solve lmproveaneens dwreon; curd top1her wide sae A*to amet upon the property with shah Personnel and oquipm x a:any be damned neaeneey for all uses and PuTasc& riu obsauctiott a souctuse chit be etnxeed a ioee+led,twr alrall Qeky a+ees be pl�r&t��,aver .*id townew arms. nor shalt any ocher ac ivides be undertdoan Ilml ultrca a* irrterfat with the City's i "a"we ba due saute way be used for landscapinp fencing,parkh*or other purimaa if approved in writing by rho City of Elgin and if swlt use dc-es not twha or hw b ta:rfae with Ow doramendoned purposes, I�hc fight is als.w hereby graded to the City of Elgin to rerhhave arty fewcs. buildings or ,iructums and to cut dawn, trim or tunove may yea, shnabe, buahes, root or other rjuntings drat in erfere with dw opetaion of or aoo to su& Wlitiaa K at, upon, fxioss, under or tssouglh said City EaseamL The City shall not be nvgm aible for the ripjactment or %-3je of any such f .. bu►ildis6% , lays, turf, gardens, shtu , isatdgcapira4 or other L:p-ovewv*s eaooved during the exercise of the herein given ri RepWztment araWar repair of said iaents"I be the msponsibiiitY of the then prraperq owner. Any other public utilities shall be penuiutd to cress said City Easerhieat at right Angtcs thexcto if approved in writing,by the City of Elgin " provided that such is done in a ttutnm that does not then or tatter intafcrc with the City's intended use of the eascrnent however no electical uAndormas, switching equipanerat,juDetioea L,;F ej, or any 00W, such ficilities or e*6pnent,shall be are¢ted either above or below and on said tan&due to such crossirW, a.,r �t.�art..u •.aaretaa ��q,, Exhibit C a grBw.raPd- M rCookLIMMMOMW