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HomeMy WebLinkAbout24-270 Recorded2025K000834 State of Illinois ) County of Kane) City of Elgin ) CERTIFICATE OF CITY CLERK SANDY WEGMAN RECORDER - KANE COUNTY, IL RECORDED: 1/8/2025 1:39 PM REC FEE: 80.00 PAGES: 11 I, Kimberly Dewis, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of: RESOLUTION NO. 24-270 AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO ANNEXATION AGREEMENT WITH HPI-ELGIN, LLC (Wessman Parcel Contiguous to Shodeen Assemblage) adopted by the Elgin City Council at its legally convened meeting held on December 4, 2024. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this January 6, 2025. This instrument prepared by: Christopher Beck Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120 KimberlyVews, City Clerk Return to: Kimberly Dewis Elgin City Clerk 150 Dexter Court Elgin, IL 60120 Resolution No. 24-270 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO ANNEXATION AGREEMENT WITH HPI-ELGIN, LLC (Wessman Parcel Contiguous to Shodeen Assemblage) WHEREAS, the owners of certain property commonly known as the Wessman Parcel Contiguous to Shodeen Assemblage, Elgin, Illinois have proposed that the annexation agreement between the owners and the City of Elgin concerning said property be further 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 HPI-Elgin, LLC 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 HPI-Elgin, LLC, a copy of which is attached hereto. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 4, 2024 Adopted: December 4, 2024 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk THIS INSTRUMENT PREPARED BY AND RETURN TO: Thomas R. Burney Law Offices of Thomas R. Burney 240 Deer Run Crystal Lake, Illinois 60012 THE ABOVE SPACE FOR RECORDER'S USE FIRST AMENDMENT TO ANNEXATION AGREEMENT (WESSMAN PARCEL CONTIGUOUS TO SHODEEN ASSEMBLAGE) THIS FIRST AMENDMENT AGREEMENT ("First Amendment") is made and entered into this 4 day of December , 2024, by and between the City of Elgin, Illinois, a municipal corporation of the Counties of Cook and Kane, in the State of Illinois (hereinafter referred to as the "City"), and HPI-Elgin, LLC ("HPI Elgin"), an Illinois limited liability company (hereinafter referred alternatively as the "Owner" or "Developer"). WHEREAS, Owner is the owner of record of the real property legally described in Exhibit "A", which is attached and made a part hereof (which real property, for convenience, is hereafter referred to as the "Subject Property"); and WHEREAS, the City and the Owner previously entered into an Annexation Agreement for the Subject Properly dated January 24, 2007 (hereinafter referred to as the "Annexation Agreement"); and WHEREAS, the Owner has filed a petition with the City to amend the Annexation Agreement; and WHEREAS, the City and the Owner acknowledge and agree that the Subject Property has previously validly been annexed to the City; and WHEREAS, the Mayor and City Council of the City ("Corporate Authorities") have duly set a time, date and place for a public hearing on this First Amendment to the Annexation Agreement, and have caused due notice to be made of said public hearing in a newspaper with general circulation in the community; and WHEREAS, a public hearing was held on this First Amendment to the Annexation Agreement as required by law. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Page 1 of 6 The preambles set forth above are expressly incorporated herein by reference. 2. This First Amendment to the Annexation Agreement is made pursuant to and in accordance with the provisions of Section 11 of the Illinois Municipal Code (65 ILCS 5111- 15.1.1 et seq.), and in the exercise of the home rule power of the City. 3. The Annexation Agreement dated January 24, 2007, be and are further hereby amended as follows: A. Paragraph 17 of the Annexation Agreement is hereby amended with respect to the Subject Property to read as follows: "This Annexation Agreement (as further amended by the First Amendment) shall be in effect for a period of twenty (20) years from and after the date of execution of the First Amendment, 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. Upon the expiration of the term of this Annexation Agreement as extended herein, (a) this Annexation Agreement shall be of no further force or effect, (b) the zoning classifications granted the Subject Property pursuant to this Annexation Agreement, as amended, shall remain in full force and effect unless and until amended by ordinance adopted by the City pursuant to rezoning procedures then in effect, and (c) the development of the remainder of the Subject Property shall proceed in accordance with all applicable ordinances then and thereafter in effect in the City of Elgin. The provisions of this Paragraph 17 shall survive the expiration of this Annexation Agreement. In the event that such extension of the term of this Annexation Agreement is determined by a court of competent jurisdiction to exceed the maximum time that an Annexation Agreement may lawfully remain in effect, then for and with respect to any such period that is so held to be in excess of such maximum lawful period for annexation agreements, this Annexation Agreement, with the exception of Section 2 thereof relating to the annexation of the Subject Property, shall be deemed to have been automatically converted into a development agreement between the parties hereto." B. Paragraph 39 of the Annexation Agreement is hereby amended to read as follows: "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 Page 2 of 6 150 Dexter Court Elgin, Illinois 60120 Attention: Corporation Counsel If to Owner: HPI-ELGIN, L.L.C. c/o Anthony Pasquinelli One of its Managers 535 Plainfield Road Suite B Willowbrook, I160527 And if to Owner: Jacob Kiferbaum One of its Managers 790 Estate Drive Deerfield, IL 60015 And if to Owner: Karen Cohen One of its Managers 687 Long Cove Ct. Riverwoods, IL. 60015 And if to Owner: Diane G. Hill One of its Managers 2008 Abbotsford Drive Barrington, IL 60010 With a copy to: Thomas R. Burney Law Office of Thomas R. Burney 240 Deer Run Crystal Lake, IL 60012 4. That in the event of any conflict between the terms of this First Amendment to Annexation Agreement and the terms of the Annexation Agreement, the terms of this First Amendment to Annexation Agreement shall control. 5. This First Amendment may be executed in multiple counterparts, all of which together, shall constitute one and the same agreement. Further, photocopies, facsimile transmissions, email transmissions and other reproductions of this First Amendment and/or the signatures hereon shall be the equivalent of originals. 6. That except as expressly amended in this First Amendment to Annexation Agreement, the terms of the Annexation Agreement including the exhibits shall remain in full force and effect. Page 3 of 6 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: CITY OF ELGIN, a municipal corporation By: ayor OWNER: HPI-ELGIN, L.L.C., an Illinois limited liability company By: Anthony Pasquinelli Its: One of its Manager By: Jacob Kiferbaum Its: One of its Managers By: Karen Cohen Its: One of its Managers By: Diane G. Hill Its: One of its Managers Page 4 of 6 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: municipal corporation ll / ayoi- or By: Clerk HPI-ELGIN, L.L.C., an Illinois limited liability company By: Anthony Paseluinel Its: One of its Manap-d- By: Jacob Kiferbaum Its: One of its Managers By: Karen Cohen Its: One of its Managers By: Diane G. Hill Its: One of its Managers Page 4 of 6 IN WITNESS WHEREOF, the Elgin Corporate ' uthorities and Owner have hereunto set their hands and seals and have caused this instrument t' be executed by their duly authorized officials and the corporate seal affixed hereto, all on the dray and year first above written. CITY: CITY OF ELGIN, a municipal corporation By: Mayor By: Clerk OWNER: HPI-ELGIN, L.L.C., an Illinois limited liability By: Anthony Pasquinelli Its: One of its Manager ByAnp acob K erbaum Its: of it' Managers By: Karen Cohen Its: One of its Managers By: Diane G. Hill Its: One of its Managers Page 4 of 6 IN WITNESS WEEREOF, 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: CITY OF ELGIN, a municipal corporation By: —Mayor By: Clerk HPI-ELGIN, L.L.C., an Illinois limited liability company By: Anthony Pasquineili Its: One of its Manager By: Jacob Kiferbaum Its: One of its Managers By: Karen Cohen Its: One of its Managers By: Diane G. Hill Its: One of its Managers Page 4 of 2 Exhibit A The Subject Property is legally described as: PARCEL 1: THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THAT PART LYING NORTHERLY OF THE CENTERLINE OF ILLINOIS STATE HIGHWAY NUMBER 5) IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS. ALSO EXCEPTING THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, 484.6 FEET TO THE SOUTHWESTERLY LINE OF U.S. ROUTE 20; THENCE SOUTH 52 DEGREES 01 MINUTE EAST ALONG SAID SOUTHWESTERLY LINE 179.0 FEET FOR THE PLACE OF BEGINNING; THENCE SOUTH 37 DEGREES 59 MINUTES WEST 140.0 FEET; THENCE SOUTH 52 DEGREES 01 MINUTE EAST 179.0 FEET; THENCE NORTH 37 DEGREES 59 MINUTES EAST 143.5 FEET TO THE SOUTHERLY LINE OF U.S. ROUTE 20; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE, 179.0 FEET TO THE PLACE OF BEGINNING, BEING SITUATED IN KANE COUNTY, ILLINOIS. ALSO EXCEPTING THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE EAST ALONG THE NORTH QUARTER, 484.64 FEET TO THE SOUTHWESTERLY LINE PLACE OF BEGINNING; THENCE SOUTH 37 DEGREES 59 THENCE SOUTH 52 DEGREES 01 MINUTE EAST PARALLEL LINE OF U.S. ROUTE 20, 179.0 FEET; THENCE NORTH EAST 140.0 FEET TO THE SOUTHWESTERLY LINE OF U.S. ROUTE 20; THENCE NORTH 52 DEGREES 01 MINUTE WEST ALONG SAID SOUTHWESTERLY LINE, 179.0 FEET TO THE PLACE OF BEGINNING, BEING SITUATED IN KANE COUNTY, ILLINOIS. ALSO EXCEPTING THEREFROM THAT PART OF PARCEL 1 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE NORTH 88 DEGREES 17 MINUTES 27 SECONDS EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER 549.01 FEET TO THE CENTERLINE OF U.S. ROUTE 20; THENCE SOUTH 53 DEGREES 22 MINUTES 34 SECONDS EAST ALONG SAID CENTERLINE 237.78 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF A CURVE CONCAVE NORTHEAST, BEING SAID CENTERLINE OF U.S. ROUTE 20, HAVING A RADIUS OF 554.75 FEET, HAVING A CHORD BEARING SOUTH 64 DEGREES 03 MINUTES 56 SECONDS EAST FOR A DISTANCE OF 206.99 FEET; THENCE SOUTH 01 DEGREE 31 MINUTES 00 SECONDS EAST 814.70 FEET; THENCE SOUTH 89 DEGREES 27 MINUTES 02 SECONDS WEST 936.31 FEET TO THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 32 MINUTES 58 SECONDS WEST 1038.91 FEET TO THE PLACE OF LINE OF SAID SOUTHWEST OF U.S. ROUTE 20 FOR THE MINUTES WEST 140.0 FEET; WITH THE SOUTHWESTERLY 37 DEGREES 59 MINUTES BEGINNING (EXCEPTING THEREFROM THAT PART THEREOF DESCRIBED IN PARTIAL RELEASE OF TRUST DEED RECORDED Page 5 of 6 SEPTEMBER 22, 1954 AS DOCUMENT NO. 7630785), ALL IN KANE COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE NORTH HALF OF SECTION 10, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE SOUTH ALONG THE WEST LINE OF SAID EAST HALF OF THE NORTHWEST QUARTER 200 FEET TO THE CENTERLINE OF THE DRAINAGE DITCH; THENCE EAST ALONG THE CENTERLINE OF THE DRAINAGE DITCH TO THE EAST LINE OF SAID EAST HALF OF THE NORTHWEST QUARTER, SAID POINT BEING 200 FEET SOUTH OF THE NORTH LINE OF SAID SECTION; THENCE CONTINUING SOUTHEASTERLY ALONG THE CENTERLINE OF SAID DRAINAGE DITCH TO A POINT OF INTERSECTION OF SAID CENTERLINE AND THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 10, SAID POINT BEING 975 FEET SOUTH OF THE NORTHEAST CORNER OF SAID WEST HALF OF THE NORTHEAST QUARTER; THENCE NORTH ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF SAID WEST HALF OF THE NORTHEAST QUARTER; THENCE WEST ALONG THE NORTH LINE OF SAID SECTION 10 TO THE PLACE OF BEGINNING, IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS. ALSO: THAT PART OF US ROUTE 20 LYING NORTH OF AND ADJACENT TO THE ABOVE DESCRIBED PARCEL 1, AND THAT PART OF MARSHALL ROAD LYING WEST OF AND ADJACENT TO THE ABOVE DESCRIBED PARCELS 1 AND 2.) Page 6 of 6