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HomeMy WebLinkAbout22-50 Resolution No. 22-50 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO THE ANNEXATION AGREEMENT WITH IGLESIA APOSTOLICA DE LA FE EN CRISTO JESUS IN THE UNITED STATES INC. AS PROPERTY OWNER (2600 Hopps Road) WHEREAS, Iglesia Apostolica de la fee en Cristo Jesus in the United States Inc., the Owner of certain property commonly known as 2600 Hopps Road, Elgin, Illinois, has proposed that the annexation agreement between the Owner and the City of Elgin be amended; and WHEREAS, after due notice as required by law,a public hearing on said proposal was held by the corporate authorities of the City of Elgin; and WHEREAS, the proposed First Amendment to Annexation Agreement with the Owner, is in the best interests of the City of Elgin. NOW, THEREFORE, 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, on behalf of the City of Elgin, the First Amendment to Annexation Agreement with Iglesia Apostolica de la fee en Cristo Jesus in the United States Inc., a copy of which is attached hereto. s/David J. Kaptain David J. Kaptain, Mayor Presented: March 23, 2022 Adopted: March 23, 2022 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT TO ANNEXATION AGREEMENT (2600 Hopps Road) THIS AMENDMENT TO ANNEXATION AGREEMENT made and entered into this 23 day of March , 2022, by and between the City of Elgin, Illinois, a municipal corporation of the Counties of Cook and Kane, in the State of Illinois (the"City"), and Iglesia Apostolica de la Fe en Cristo Jesus in the United States Inc., an Illinois not for profit corporation("Owner"). WHEREAS, the City and Owner entered into an Annexation Agreement covering property commonly known as 2600 Hopps Road on the 25th day of September, 2019 (the "Agreement"). WHEREAS, the City and Owner desire to supplement and amend the Agreement in several respects. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby acknowledged, the parties hereby agree as follows: A. There remain certain impact fee payments due to the City from Owner, which are set forth on Exhibit D of the Agreement("Impact Fees"). B. The City has requested and the Owner agrees to dedicate to the City of Elgin the north sixty (60) feet of the Owner's property ("Roadway) for future construction of a city street, as depicted on the Plat of Dedication for 2600 Hopps Road, prepared by Alan J. Coulson, P.C., dated February 2021, last revised February 16, 2022 ("Plat of Dedication") attached hereto as Schedule 1 and made a part hereof. C. On execution of this Amendment to Annexation Agreement, the City shall promptly execute the Plat of Dedication. D. The City has agreed to credit Owner for the value of the Roadway against the Impact Fees. The parties agree that the Roadway Credit is Forty Thousand Nine Hundred Twenty-Seven and 68/100 Dollars ($40,927.68) as set forth on Schedule 2 attached hereto and made a part hereof. E. The City has agreed to credit Owner for the preparation of the Plat of Dedication. The parties agree that the Plat of Dedication Credit is Seven Hundred Dollars ($700) as set forth on the Schedule 3 attached hereto and made a part hereof. F. The Impact Fees net of the Roadway Credit and Plat of Dedication Credit in the amount of Twenty-Six Thousand Five Hundred Ninety-Eight and 39/100 Dollars ($26,598.39) shall be paid to the City by Owner within 30 days from the final execution of this Amendment to Annexation Agreement, notwithstanding the provisions of Paragraph 14 of the Agreement. In the event Owner fails to pay such Impact Fees net of the Roadway Credit by such thirtieth (30th) day, interest on such unpaid balance shall accrue at the rate of five percent (5%) per annum, prorated on a daily basis from the date of this Amendment until the date of full payment. G. The parties acknowledge that Owner has completed the installation of the connection to the existing water line and the installation of a code compliant fire suppression system in the building on the Subject Property as set forth in Paragraph 12 of the Agreement. H. In all other respects, the Agreement as amended herein, shall remain in full force and effect as originally executed. IN WITNESS WHEREOF, the Elgin Corporate Authorities and Owner have hereunto set their hands and seals and have caused this instrument to be executed by their duly authorized officials and the corporate seal affixed hereto, all on the day and year first above written. CITY OF ELGIN, a municipal corporation (OWNER) Iglesia Apostolica de la Fe in Cristo Jesus in the United States Inc. By' By'---'? ' irepj ayor Bishop Att st: 4&‘‘/ ity Clerk Legal Dept\Agreement\Annexation-Iglesia Apostolica-Amendment 1-2600 Hopps Rd-Clean-3-14-22.docx 2 PLAT OF DEDICATION FOR 2600 HOPPS ROAD PART OF THE NORTHEAST QUARTER OF SECTION 32,TOWNSHIP 41 NORTH. RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,IN KANE COUNTY, ILLINOIS. OF PROPERTY DESCRIBED FOR DEDICATION S ee•2I'36'9 2M67A6'WAS • TM North 00.0 feet(us measured perpendicular to the North line fhersoll,of that pad of F1S.b y PIPE ` n the Northeast Quarter oraealon 32 Township 41 North.Range 8 East of the Third S ee15240'V 506•COCAIN Pnnapal Menthes.desonbed as frlosn Beginning at a pant on the North line of said 7Eg p, 152.40' ..—..---i---`- -' �- ILRTH LINE GI eMTIEAnl Se tide 32,that is the Northwest comer of the Traci of land conveyed to William P.HIII, 32 32 -+--- — in hence • 33'"9a' `•_ BARTER Cr SECTS 32-Ili by Deed dated May 2.1873 and recorded May 5,1873 as Document 1475 m Book 143. 94aJ5 TEAS / paget Southerly lm wit they set lithe North One of sad Section ill2,15240 het:30.21 • \MIND IRON ROD IN CONCRETE SOIAferty parallelorwith the West Ulna r bto lands wnveyetl to Witham P HMI.1430.11 t CIMENTAN L201.0 1 SEMEN feel to a pant on the centerline of a Pubic Road as moue..on December 17 1929 that I Se-41-8 PER IfOeAE31T RECQd6 a 15242 feet Westerly of the Soidhweal neater of said lands conveyed to VAlham P Hill. tFOUNDalc IRON RIM IN COEIETF! BBCMENT 2014X025326 theme Easterly along the centerline of said Public Road.152.42 feet to the Southwest talc v4 COMER OF SECTS II RECORDED NAY M.201422-41-e PER iCTIONENT RECORD- NENTIIVCST COMER refer of sent bode conveyed to William P Hill thence North along the West One of said DDCUICre ND 2014K11 g224 CONVEYED TC V MILL LANDS BY DEED lands conveyed to William P Hill 1429.50 feet to the point of beginning.In the Township RECORDED RAY OS,2014 HEREBY DEDICATED RECORDED NAY s.1073 DOCUMENT of Elgin,Kane County,Minces CONVEYED L GRANTED TIMBER 1475 IN BOOK 143 PAGE 439 TO THE CITY OF EL i 102099 ACRE-9,144 SO FT) SURVEYOR'S CERTIFICATE EAST LIFE OF 32ST axe OF SECTION 22-4141-e l STATE of wrwE9) COUNTY OF KANE es I Cn J.HB en. Ilapa Pr ofess..Land Srveyoi.do hereby certify MN Sale CONTAINING nMr v eyeT and OMMNI the above dedrted MOWN and the INr has Jaen cranred 5.000u ACRES fio 0 12D let. under my da d emena,00 Mr we sae and eIdPeess feat*!set lore.and WI me Mat (217,033 SD FT) m— dram mradri One moan r.eis.ileaen of said IKoperry 5 err DawaDundee lam..ma Dena AG 20d, PIN eta Oa-3E-200bo7 • Chade4 J H -I PL.S12200 • My lean.,Brno November 30.2022 Prolmsemal Swan Finn Land eleaeryp Cnpa.FtleM.bee No 154-02ee3 OWNER'S CERTIFICATE • STATE OF ILLINOIS, MORTGAGEE CERTIFICATE COUNTY OF KANE NF STATE OF ILLINOIS) Thaw nldetilure Mblmaetl.that Irgbre Mwaebl a de he Fa Cr.Jesus In l r United COUNTY OF KANE es Slaw Inc.le the Owner and Weer el Raced Tale rood In the CM of Elgin Irma That panty err SE Dodge Bra lad T net Camper i ISAONATWA a mime daelabdrrptrbd City didee ybdbe,y lanc s:0_CQWY4em lta Pmpenr Ter is Itleydtitle GayrI .It.ris Grid lirabw es.•pu 08 npmAray baiYip aasoolNm sae MwEapsa Under the Mortgage des 08 bmWwy pupaas By b rpiWe*em on MPM,the O.In EIpn tlomels4aaend seemly M Rnrememe. etle eli Mrem Mere. E..• wea r .tBne.ey_D.ra_AJ).2022 Oreetaa�oyr AD..2021 ward file Wear By AMR: fee Tee Tee:• TM) : b NBTMY CERTIFICATE Pilled Nona B¢ Ayr STATE OFENIILLINOIS) (Thai A b COUNTY OFF KANE is e 8 Me err stet son.do hereby may to 'a HOeary PlAW[brdbmtl m✓aY.le _ NOTARY PUBLIC z of SE Chew Bare rd True Cerny.IBAONATIMA a Mimi bonne asadann.SC el STATE OF u1N018) the odd barn each of atom a poem/4 Mena b meta be to end Pram. COUNTY OF KANE Fa *name ors abated The Ieeaaig 06 anent,epeored before nets b/ ' to Iran end erliioMenged teefnay Welled end deemed the MU aebimr*m NMI I. a Nrry MOM in end...Roma* officers.end s ever mes5.ern osotry sae.for tre let end Mrpeltaa eft Mr Oa herein MIN IIIM rid Me we Mere. eareney Mann b me To be tie berm persons Mega more.re et.rted le the le aallre erMwea m men Owiw.,eppa sd salM.ire the 4.y E en n rid Own under my Mind end note*seal MY_Day of An.,2022 .net,rag.d s*tey signed SC Mimed Slant Menem.ee then own fee end Robby err forte twee end punter teMt M fern. Mem irMer my lire end TIMMY Sad to Oey of Notary Public J.D..2022 My Common Mmes. _ eery Pee My Cmmlleelon Elam* • RECORDER'S CERTIFICATE COUNTY CLERK CERTIFICATE STATE OF ILLINOIS, ILLINOIS, OF KANE per STATE OF ILLINOISCOUNTY OF KANE.. The instrument filed 01 record in den Recuideya(Mvs of Kane County.Owls an Me CRY OF ELGIN _Den d 2022 a O'norx_....SI as Document No County Can of Kane Coo,on Ken.Net mere are no Wirweni general taxes no unpaid current general taxes n used Wad taw and no redeemwle Max sees against any or me land innvded In the ann..Plat Kam County Recorder I Nmar IaMIy that I have waved all aleMory lees in mmecnon with the anra.eo dal } f Ginn under my hand and seal et _ Inoh me %S. My of 29:. �.. 4County Om LOCATION MAP Y'It . PLANNING AND ZONING COMMISSION ROAD DEDICATION PER - - + STATE OF IWNas5 DauENT ref.2019.65003 :I 24 I O \ , COUNTY OF KANE NF , • mot+ CITY OF ELGIN MUM IRON ROD / SET n c PIPE 9�K1 '- Appro ed m. Day a A C.20, CENTERLINE O MvERD. � Pe _ et _ Panning ad 2m00 Commission HOPPBµ�-�^�""�"•'l'L_ ROAD �-21,• Q�� _�. PCNRraimslUAne000 '' .o 1''" �s Sr.Cerary :F~ h Br0re6•E •r-..r ' 5242' � L ` COY COUNCIL CERTIFICATE to \ ARRA� STATE OF ILLINOIS, �33 COUNTY OF KANE Na DATE DRAFTED: Fror Z0 N PROPERTY OWNED BY: Wowed an d�accepof Elginted Me lime methe City 0s7 r 2022 by Inglesie Apostolice de la fe en Crista Jesus REVISED: ZruO t 1oS.4 In the United States,Elgin District 416 Fawn Drive By Ad MOWN,16,2022 Oswego.Illinois 60543 Me, Attest Crr. THIS PLAT*BEING RECORDED ST • any OF ELGIN OTY CLERK 1R Prepared by. P.C.150 DEXTER COURT Ilan I.Gtllsen, C 2N13 FLOOR Professional Land Surveyors ELGIN IL 80121 645 S.8th Street,(Rte.31), West Dundee,Illinois 60118 JOB NO.C 59,1:3:3 DED/2 E-MAIL:SIRVAYRIWALAN COULSON.COM SCHEDULE 2 Calculation for Land Dedication Area of Land Dedication Size of Property in (60 ft.wide ROW)in square feet Purchase Price Price per sq.ft. square feet Price of Land to be dedicated 217833.00 $975,000.00 $4.4759 9144.00 $40,927.68 Area of Land to be dedicated Width(ft.) Depth ft.) Total(sq.ft.) 152.40 60.00 9144.00 Schedule 3 INVOICE NO. 59 ,233/Ded/2 Alan J. Coulson PC. Professional Land Surveyors 645 S.EIGHTH STREET,WEST DUNDEE,IL 60118 Phone:847-426-2911 Fax: 847-426-8074 LAND SURVEYING TOPOGRAPHY CONSTRUCTION STAKING Scheflow Engineering 847 697-7095 TO: 1814 Grandstand Place Elgin, IL. 60123 DATE DESCRIPTION PRICE 5-11-21 Plat of Dedication 66 .0' Roadway - Hopps Rd. Pt Sec . 32-41-8 PLEASE PAY THIS AMOUNT $450.00 Scheflow Engineers A Professional Corporation 1814 Grandstand Place Elgin, IL 60123-4981 847-697-7095 Invoice submitted to: Iglesia Apostolica de Elgin 2600 Hopps Rd. Elgin, IL 60123 March 8, 2022 In Reference To: 5543: Hopps Rd. Church-Revised Plat of Easement Invoice#22086 Amount For professional services rendered $250.00 Engineering Fee Due for Revised Plat of Easement-$250.00 Thank you!!