HomeMy WebLinkAbout24-32 Resolution No. 24-32
RESOLUTION
AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH
THE BURTON FOUNDATION,AN ILLINOIS NOT-FOR-PROFIT CORPORATION
(Giffords Crossing—2100 Big Timber Road, Elgin, Illinois)
WHEREAS, the owners of record of certain territory described in Exhibit A, attached
hereto and made a part hereof by reference,desire annexation of said territory to the City of Elgin;
and
WHEREAS, said territory is not a part of any other municipality and is contiguous to the
City of Elgin; and
WHEREAS, no electors reside on the subject territory; and
WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory
upon certain terms and conditions; and
WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a
public hearing has been held after due notice as required by law and all persons appearing and
wishing to testify concerning the proposed annexation agreement have been heard; and
WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin
that it is in the best interests of the City of Elgin to enter into said annexation agreement as
proposed.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby
authorized and directed to execute on behalf of the City of Elgin an annexation agreement in the
form attached hereto as Exhibit A and incorporated herein by reference.
Section 2. That this resolution shall be effective from and after its passage as provided
by law.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: February 14, 2024
Adopted: February 14, 2024
Vote: Yeas: 6 Nays: 1
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
11/1/23
ANNEXATION AGREEMENT
(Giffords Crossing—2100 Big Timber Road)
THIS AGREEMENT made and entered into this 14th day of February 20 24 ,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 The Burton Foundation,an Illinois not-
for-profit corporation(hereinafter referred alternatively as the "Owner" or "Developer").
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, 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 Rutland Dundee Fire Protection
District, and whereas each of the Trustees of said District was notified in writing by certified or
registered mail at least ten(10)days in advance of any action taken with respect to the annexation of
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 Subject Property is located within Elgin Township,and whereas each of the
Trustees of said Township were notified in writing by certified or registered mail at least ten(10)
days in advance of any action taken with respect to the annexation of the Subject Property; 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,as applicable,of the City on the requested zoning of
the Subject Property.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein,the sufficiency of which is hereby acknowledged,the parties hereto hereby agree as follows:
1. This Agreement is made pursuant to and in accordance with the provisions of Section 11 of
the Illinois Municipal Code (65 ILCS 5/11-15.1.1 et seq.), and in the exercise of the home rule
power of the City.
2. 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 the Fox
River Water Reclamation District("FRWRD"),and(e)the receipt by the City of Owner's payment
of the disconnection fee to the Rutland Dundee Township's Fire Protection District referred to in
Section 33 hereof, 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.
3. A. Immediately after the passage of the ordinance(s) annexing the Subject Property, as
provided in paragraph 2 hereof,the Corporate Authorities shall pass or adopt an ordinance zoning
the Subject Property in the PMFR Planned Multiple Family Residence District in the form attached
hereto in Exhibit C (hereinafter referred to as the"Subject Planned Development Ordinance").
B. Except as otherwise provided for in this agreement no changes or amendments in the
zoning ordinance of the City which shall directly or indirectly adversely affect the use or
development of the Subject Property shall be of any effect unless applicable to all comparable areas
of the City.
C. The Subject Property and the Development contemplated herein shall be developed,
used and maintained in substantial conformance with the Subject Planned Development Ordinance.
Engineering for the Subject Property and the Development contemplated herein shall be in
substantial conformance with the Preliminary Engineering Plans prepared by TFW Surveying &
Mapping,Inc.dated last revised June 1,2023,attached hereto as Exhibit E(hereinafter referred to as
the"Preliminary Engineering Plans"),with such further revisions as required by the City Engineer.
The City and the Owner 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 Subject Planned Development Ordinance,and do
not increase the total number of dwelling units which may be constructed on the Subject Property as
contemplated in the Subject Planned Development Ordinance. The parties agree that changes to
planned developments provided for in Elgin Municipal Code Section 19.60.200,as amended,may be
approved by the City's Development Administrator without public hearings and without formal
amendment to this agreement.
D. INTENTIONALLY OMITTED.
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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. 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 Owner and 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 Owner and Developer's cost.
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 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. INTENTIONALLY OMITTED.
5. A. Owner and Developer shall comply with the Elgin Municipal Code Title 17--
Development Impact Fees, as amended, and pay the fees when due as required therein.
Notwithstanding the foregoing, Owner and Developer shall pay to the City the school district
capital improvement contribution and the school district transition fee according to the formula set
forth in Exhibit G attached hereto in lieu of the school district capital improvement development
impact fee provided for in Elgin Municipal Code Section 17.04.010.Notwithstanding the foregoing,
Owner and Developer shall also pay to the City a library district capital improvement contribution
according to the formula set forth in Exhibit G attached hereto in lieu of the library district capital
improvement fee provided for in Elgin Municipal Code Section 17.04.040. Such school district
capital improvement contribution, school district transition fee and library district capital
improvement contribution shall be paid on a per unit basis prior to or concurrent with the issuance
of a building permit for a building on the Subject Property.Owner and Developer shall also comply
with City of Elgin Ordinance No.G2-02,as amended,and Ordinance No.G3-02,as amended,and
shall pay to the City the park capital improvement contribution and the public safety building
capital improvement contribution as required therein.Owner/Developer hereby represent and agree
that they are paying the fees and contributions to the City provided for in this paragraph and this
Agreement as an inducement to the City to annex the Subject Property. Owner/Developer further
agree that the contemplated fees and cash contributions to the City for the improvements or
undertakings which may ultimately be constructed or performed by the City with such fees and cash
contributions are acknowledged and agreed to be specifically and uniquely attributable to the future
development of the Subject Property and the public improvements or undertakings contemplated by
such fees and cash contributions will not otherwise be anticipated by the City absent the annexation
of the Subject Property. Owner and Developer on behalf of themselves and their successors,
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assigns and the grantees of their properties, further hereby acknowledge the propriety,necessity,
and legality of the fees and contributions provided for in this paragraph and in this Agreement,as
same may be amended by the City,and do further hereby agree and do waive any and all rights to
any and all legal or other challenges or defenses to the fees and contributions provided for in this
paragraph and in this Agreement and hereby agree and covenant 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 such fees and contributions.
B. The calculation of the City's impact fees and contributions under current City
ordinances and policies is attached hereto as Exhibit G. Notwithstanding anything to the contrary
in this Agreement, it is agreed and understood that the Subject Property and the Owner and
Developer and their successors and assigns shall be subject to and shall be required to pay any and
all new and/or increased fees and/or other contributions adopted by the City. Owner and Developer
on behalf of themselves 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 Owner and/or 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.
6. Owner and Developer agree that,except as otherwise specifically set forth below in
this Agreement 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. Owner and Developer shall cause all portions of Subject Property depicted in the plans
referenced in the Subject Planned Development Ordinance as wetlands,screening berms and entry
ponds,common open space area,storm water retention areas,and dry detention areas to be retained
and maintained by Owner.
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
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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.
10. If,during the term of this Agreement,any existing,amended, modified or new ordinances,
codes or regulations affecting the zoning,subdivision,development,construction of improvements,
buildings or appurtenances or other regulatory ordinances regarding the public health, safety and
welfare are amended or modified in any manner to impose less restrictive requirements on the
development of, or construction upon, properties within the City, then the benefit of such less
restrictive requirements shall inure to the benefit of Owner,and anything to the contrary contained
herein notwithstanding, Owner 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 Owner to tie into the existing sanitary sewer lines of the City,at
Owner'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
Owner's expense, City agrees to cooperate with Owner in obtaining all necessary Illinois
Environmental Protection Agency(IEPA)permits required for such sanitary sewer systems and tie-
ins. Owner shall bear all costs for extensions,tie-ins,and permits consistent with applicable City
ordinances. Owner 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. Owner 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. Notwithstanding anything to the
contrary in this Agreement, the design, plan review, construction, construction inspection and
construction administration for any interceptor sanitary sewer(s)to be constructed in conjunction
with the development of the Subject Property,whether offsite or onsite,shall also be in compliance
with the Far West Interceptor Sewers Policy for inspections and construction,dated April 30,2003.
12. City hereby agrees to allow Owner to tie into the existing water lines of the City,at Owner'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 Owner's
expense, City agrees to cooperate with Owner in obtaining all necessary Illinois Environmental
Protection Agency(IEPA)permits required for such water main extensions and tie-ins. Owner shall
bear all costs for extensions,tie-ins and permits consistent with applicable City ordinances. Owner
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. Owner 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
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
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or maintained by the City. Owner shall replace or repair damage to public improvements installed
within,under or upon the Subject Property resulting from construction activities by Owner 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.
14. Owner and Developer shall comply with City of Elgin Ordinance No. G20-03,as amended,
establishing a policy for the Far West Area for Development Contributions for Roadways and shall
pay such contributions to the City when due as required therein. Owner and Developer hereby
represent and agree that they are contributing such roadway improvement contributions to the City
as an inducement to the City to annex the Subject Property. Owner and Developer further agree that
the contemplated cash contributions to the City for roadways and the road improvements which may
ultimately be constructed by the City with such cash contributions are acknowledged and agreed to
be specifically and uniquely attributable to the future development of the Subject Property and the
public improvements contemplated by such cash contributions would not otherwise be anticipated by
the City absent the annexation of the Subject Property. Owner and Developer on behalf of
themselves and their successors, assigns and the grantees of their properties, further hereby
acknowledge the propriety, necessity, and legality of the roadway improvement contributions as
provided for herein,as same may be amended by the City,and do hereby further agree and do waive
any and all rights to any and all legal or other challenges or defenses to such roadway contribution
and hereby agree and covenant on behalf of themselves and their successors, assigns and the
grantees of their properties,not to sue the City or maintain any legal action or defense against the
City with respect to such roadway contributions. Said roadway contributions shall be paid on a per
unit basis (per building)concurrent with the issuance of a building permit.
15. All structures to be constructed on the Subject Property shall be designed, constructed and
maintained in conformance with the requirements of the Subject 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.
17. This Annexation Agreement shall be in effect fora 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. Owner 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
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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 shall
create and establish a Special Service Area for the Subject Property pursuant to 35 ILCS 200/27-5,et
seq., as amended, to provide the City with the source of revenue for maintaining, repairing,
reconstructing or replacing the stormwater drainage system,detention and retention areas, special
management areas or other improvements located on the common areas of the Subject Property
should the Owner fail to perform maintenance,repair,reconstruction or replacement in accordance
with City ordinances or other applicable requirements of law. The Owner and any of the Owner'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 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 stormwater management
ordinance,the City shall issue no stop orders directing work stoppages on buildings or parts of the
Subject Property without setting forth the alleged violations in writing, and Developer shall
forthwith proceed to correct such violations as may exist.
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 oftime 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
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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, final plat,specifications and engineer's
estimate of probable cost, for approval by the City Engineer, as provided herein, after which and
upon providing the required surety bond,the Developer may proceed to construct said streets and
other public improvements. 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.
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.
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29. A.Notwithstanding anything to the contrary in this Agreement,and in addition to any other
fees,contributions and other recaptures and/or reimbursements due or which may become due from
the Owner and/or Developer, Owner and Developer hereby consent and agree on behalf of
themselves,and each of their respective successors,assigns and grantees of the Subject Property to
pay the recapture and/or reimbursement for the costs of a portion of any off-site public
improvements constructed by the City and/or others, including, but not limited to, storm sewers,
sanitary sewers,lift stations,water mains,and/or streets,and appurtenant structures,pursuant to any
recapture and/or reimbursement ordinance(s)heretofore or hereinafter adopted by the City and in
such amounts as determined by the City.
B. Notwithstanding anything to the contrary in this agreement, and in addition to any
other fees,contributions and other recaptures and/or reimbursements due or which may become due
from the Owner and/or the Developer,Owner and Developer hereby consent and agree on behalf of
themselves,and each of their respective successors,assigns and grantees of the Subject Property to
pay the recapture/reimbursement as set forth in City of Elgin Ordinance No.T 1-18. Payment shall
be made by the Owner no later than within thirty(30)days after the entry into this agreement.
C. Owner and Developer on behalf of themselves and their successors, assigns and the
grantees of their properties, hereby acknowledge the propriety, necessity and the legality of the
recaptures and/or reimbursements referred to in this paragraph in this Agreement,heretofore or as
may be hereinafter by the City adopted by the City,and do hereby further agree and do waive any
and all rights to any and all legal or other challenges or defenses to such recaptures and/or
reimbursements and covenant on behalf of themselves and their successors,assigns and the grantees
of their properties,not to sue the City and/or any other person or entity or maintain any legal action
or defense against the City and/or any other person or entity with respect to any such recaptures
and/or reimbursements.
30. A.Prior to the commencement of the construction the Owner/Developer shall submit
to the City Zoning Administrator a plan showing the location of all proposed temporary construction
and rental trailers/offices, as applicable, 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 rental office shall be located. The Developer
shall be permitted one(1)construction trailer and one(1) material storage trailer. The Developer
shall have the right to use the construction and material storage trailers for the purpose of its
construction 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 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 trailers/office facilities. The Developer agrees to hold the City harmless for
any liability associated with the installation and operation of any temporary facilities.
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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. Notwithstanding anything to the contrary in this Agreement,not more than thirty(30)days
following the entry into this Agreement and prior to the annexation of the Subject Property and prior
to any building permits or other development approvals being issued for the Subject Property,Owner
and Developer agree to and shall pay to the Rutland Dundee Township Fire Protection District a
disconnection fee in the amount of$225 per acre for the Subject Property. The total acreage for such
per acre disconnection fee shall be the total acreage of the Subject Property to be annexed including,
but not limited to, any adjacent right-of-way areas to be annexed, all as determined by the City.
Owner and Developer shall pay such disconnection fee by tendering a check payable to the Rutland
Dundee Township Fire Protection District to the City of Elgin. Such disconnection fee shall be in
lieu of the disconnection fee otherwise provided for pursuant to 70 ILCS 705/20(e). Owner and
Developer on behalf of themselves and their successors, assigns and grantees of their property
hereby acknowledge the propriety,necessity,and legality of such disconnection fee and do further
hereby agree and do waive any and all rights to any and all legal or other challenges or defenses to
such disconnection fee provided for in this section 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 such fee.
34. This Agreement is and shall be deemed and construed to be the joint and collective work
product of the City and Owner/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.
36. This Agreement is adopted pursuant to the provisions of the Illinois Municipal Code;
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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 ofthe 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. INTENTIONALLY OMITTED.
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
If to Owner/Developer:
The Burton Foundation
2090 Larkin Ave; Suite 5A-1
Elgin, Illinois 60123
Attn: Tracey Manning, President
-11-
With a copy to:
Peter C. Quigley, Esq.
Law Offices of Peter C. Quigley
53 W.Jackson Blvd.
Chicago, Illinois 60607
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 may record a
memorandum of annexation agreement placing of record the terms, provisions and obligations of
this Agreement.
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 finding 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
-12-
Developer's grantees and successors in interest, propose to amend the PMFR Planned Multiple
Family Residence District zoning ordinance 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 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. 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 Kane
County 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 the Subject Property to any abutting Kane County highway or proposes to enlarge or
extend any existing means of access from the Subject Property to an abutting Kane County highway,
that such access shall be in accordance with Kane County access and permit regulations which may
include access design standards and criteria such as right of way requirements, easement
requirements,site(internal)traffic circulation,turn lanes,traffic control and stormwater detention.
B. Improvements to the adjacent Kane County highway(including,but not limited to,
channelization,signalization,signal interconnects and lighting improvements)required/warranted by
the development of the Subject Property shall be at the sole cost of the Owner and/or Developer.
Permit and design requirements for the improvements to the adjacent Kane County highway shall be
determined by and subject to the review and approval of the Kane County Engineer in accordance
with Kane County Division of Transportation Permit Regulations and Access Control Regulations.
C. Owner and Developer shall dedicate and convey, at no cost to the City or Kane
County,additional right of way for the Kane County Highway right of way adjacent to the Subject
Property as listed within the Access Permit Section and Roadway Functional Classifications in the
Kane County Division of Transportation Permit Regulations.
D. Notwithstanding anything to the contrary in this paragraph 51 or in this Agreement,
nothing is intended nor shall be construed to authorize Kane County to exercise any zoning,
subdivision or other land use authority conferred by law upon the City and nothing in this paragraph
51 is intended or shall be construed to mandate any action by the Owner and/or Developer which is
not permitted by law.
52. INTENTIONALLY OMITTED.
53. Owner and Developer shall provide to the City upon request of the City a written status
report regarding the development of the Subject Property with information therein as requested by
-13-
the City which may,include among other matters,the current status of rental 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 indemnify,
defend and hold harmless the City, its officials,officers, employees,attorneys,agents, boards and
commissions from and against any and all third party claims,suits,judgments,costs,attorney's fees,
expert witness fees and expenses,damages or other relief,in any way resulting from or arising out of
or alleged to be resulting from or arising out of the existence of this Agreement,the provisions of
this Agreement, the performance of this Agreement, the annexation of the Subject Property, the
zoning of the Subject Property, the development approvals provided for in this Agreement and/or
any other actions of the parties hereto provided for or arising from this Agreement. In the event of
any action against the City, its officials, officers, employees, agents, attorneys, boards or
commissions covered by the foregoing duty to indemnify,and defend and hold harmless,such action
shall be defended by legal counsel of the City's choosing the cost of which shall be paid for by the
Owner 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.
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.
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 The Burton Foundation
corporation an Illinois not-for profit corporation
Pd/i/70//411/ee g
May yr Tracey L.p9rttIg, P ent
KIMBERLY A TERMINI
Official Seal
Notary Public-State of Illinois
My Commission Expires Nov 6, 2024
-14- .,.%.. .
`mod Q�-�-LuLL
t jM 7, aoa.3
A est• Attest:
' 41'cl3
City Clerk
Legal Dept\Agreement\Annex-Agr-Burton Foundation-2100 Big Timber Rd-Clean-l l-I-23.doc
-15-
EXHIBITS
Exhibit A: Legal Description of Subject Property
Exhibit B: Annexation Plat
Exhibit C: PMFR Planned Multiple Family Residence District Zoning Ordinance
Exhibit D: Intentionally Omitted
Exhibit E: Preliminary Engineering Plans
Exhibit F: INTENTIONALLY OMITTED
Exhibit G: Impact Fees
-16-
EXHIBIT A:
Legal Description of Subject Property
PARCEL 1:
THE EAST 217.52 FEET, AS MEASURED AT RIGHT ANGLES TO THE EASTERLY LINE
THEREOF OF THAT PART OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP
41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE WEST LINE OF
SAID SOUTHEAST QUARTER WITH CENTERLINE OF THE HIGHWAY RUNNING
NORTHWESTERLY AND SOUTHEASTERLY THROUGH SAID SOUTHEAST QUARTER;
THENCE NORTH ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER 498.3 FEET;
THENCE SOUTH 83 DEGREES 41 MINUTES EAST 554 FEET; THENCE SOUTH 13
DEGREES 19 MINUTES WEST 703.4 FEET TO THE CENTERLINE OF HIGHWAY
AFORESAID; THENCE NORTH 57 DEGREES 35 MINUTES WEST ALONG SAID
CENTERLINE, 460.5 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF
ELGIN, KANE COUNTY, ILLINOIS.
PARCEL 2:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 41 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE
WEST LINE OF SAID SOUTHEAST QUARTER WITH THE CENTER LINE OF HIGHWAY
RUNNING NORTHWESTERLY AND SOUTHEASTERLY THROUGH SAID SOUTHEAST
QUARTER;THENCE NORTH ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER
498.3 FEET;THENCE SOUTH 83 DEGREES 41 MINUTES EAST 554 FEET FOR THE POINT
OF BEGINNING; THENCE SOUTH 83 DEGREES 41 MINUTES EAST 350 FEET; THENCE
SOUTH 14 DEGREES 14 MINUTES WEST 859.6 FEET TO THE CENTER LINE OF THE
HIGHWAY AFORESAID; THENCE NORTH 57 DEGREES 35 MINUTES WEST ALONG
SAID CENTER LINE 352.5 FEET TO A POINT SOUTH 13 DEGREES 19 MINUTES WEST
FROM THE POINT OF BEGINNING; THENCE NORTH 13°19' EAST 703.4 FEET TO THE
POINT OF BEGINNING; IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS.
EXCEPTING FROM PARCEL 1 AND PARCEL 2 THAT PORTION OF THE LAND
CONVEYED TO THE COUNTY OF KANE BY DEED RECORDED MAY 3, 1989 AS
DOCUMENT 1971520 DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTHEAST
QUARTER OF SECTION 4, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 11 OF SPRING OAKS,A PLANNED
UNIT DEVELOPMENT IN THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE
ON AN ASSUMED BEARING OF SOUTH 14 DEGREES 23 MINUTES 41 SECONDS WEST
ON THE EAST LINE OF SAID SPRING OAKS, 53.46 FEET;THENCE SOUTH 56 DEGREES
15 MINUTES 00 SECONDS EAST, 78.39 FEET THENCE SOUTHEASTERLY 501.22 FEET
ON A TANGENTIAL CURVE CONCAVE TO THE NORTHEAST, RADIUS 24,847.86 FEET,
CENTRAL ANGLE 1 DEGREE 09 MINUTES 21 SECONDS;THENCE NORTH 15 DEGREES
30 MINUTES 41 SECONDS EAST,44.66 FEET;THENCE NORTH 55 DEGREES 01 MINUTE
33 SECONDS WEST, 586.81 FEET; THENCE SOUTH 14 DEGREES 23 MINUTES 41
SECONDS WEST, 10.14 FEET TO THE POINT OF BEGINNING, CONTAINING 0.698
ACRES,MORE OR LESS OF WHICH 0.439 ACRES,MORE OR LESS,WERE PREVIOUSLY
DEDICATED. TOGETHER WITH THE TENEMENTS AND APPURTENANCES THERETO
BELONGING.
EXHIBIT B
lam(? SURVEYINGT FIN Eg v.,0.MM.Lenoraat0. 'ii o MAPPING=
n
PLAT.OF ANNEXATION
N:.Mnfc.MfE TO THE CITY OF ELGIN
000441 1.0115iniS• . KANE COUNTY, ILLINOIS
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EXHIBIT C
Ordinance No. Gxx-23
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PMFR PLANNED MULTIPLE
FAMILY RESIDENCE DISTRICT
(Giffords Crossing—2100 Big Timber Road)
WHEREAS, the property legally described herein (the "Subject Property") has been
annexed to the City of Elgin; and
WHEREAS, a written application has been made to classify the Subject Property located
at 2100 Big Timber Road in the PMFR Planned Multiple Family District; and
WHEREAS,the Planning and Zoning Commission conducted a public hearing concerning
said application on June 5,2023, 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 PMFR Planned Multiple Family Residence 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 June 5, 2023, 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.
The boundaries hereinafter laid out in the"Zoning District Map", as amended, be and are
hereby altered by including in the PMFR Planned Multiple Family District the following
described property:
PARCEL 1:
THE EAST 217.52 FEET,AS MEASURED AT RIGHT ANGLES TO THE EASTERLY
LINE THEREOF OF THAT PART OF THE SOUTHEAST QUARTER OF SECTION 4,
TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF
THE WEST LINE OF SAID SOUTHEAST QUARTER WITH CENTERLINE OF THE
HIGHWAY RUNNING NORTHWESTERLY AND SOUTHEASTERLY THROUGH
SAID SOUTHEAST QUARTER; THENCE NORTH ALONG THE WEST LINE OF
SAID SOUTHEAST QUARTER 498.3 FEET; THENCE SOUTH 83 DEGREES 41
MINUTES EAST 554 FEET; THENCE SOUTH 13 DEGREES 19 MINUTES WEST
703.4 FEET TO THE CENTERLINE OF HIGHWAY AFORESAID; THENCE NORTH
57 DEGREES 35 MINUTES WEST ALONG SAID CENTERLINE,460.5 FEET TO THE
POINT OF BEGINNING, IN THE TOWNSHIP OF ELGIN, KANE COUNTY,
ILLINOIS.
PARCEL 2:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 41
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION
OF THE WEST LINE OF SAID SOUTHEAST QUARTER WITH THE CENTER LINE
OF HIGHWAY RUNNING NORTHWESTERLY AND SOUTHEASTERLY
THROUGH SAID SOUTHEAST QUARTER; THENCE NORTH ALONG THE WEST
LINE OF SAID SOUTHEAST QUARTER 498.3 FEET; THENCE SOUTH 83
DEGREES 41 MINUTES EAST 554 FEET FOR THE POINT OF BEGINNING;
THENCE SOUTH 83 DEGREES 41 MINUTES EAST 350 FEET; THENCE SOUTH 14
DEGREES 14 MINUTES WEST 859.6 FEET TO THE CENTER LINE OF THE
HIGHWAY AFORESAID; THENCE NORTH 57 DEGREES 35 MINUTES WEST
ALONG SAID CENTER LINE 352.5 FEET TO A POINT SOUTH 13 DEGREES 19
MINUTES WEST FROM THE POINT OF BEGINNING; THENCE NORTH 13°19'
EAST 703.4 FEET TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF ELGIN,
KANE COUNTY, ILLINOIS.
EXCEPTING FROM PARCEL 1 AND PARCEL 2 THAT PORTION OF THE LAND
CONVEYED TO THE COUNTY OF KANE BY DEED RECORDED MAY 3, 1989 AS
DOCUMENT 1971520 DESCRIBED AS FOLLOWS: THAT PART OF THE
SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 41 NORTH, RANGE 8 EAST
OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS, DESCRIBED
AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 11 OF
SPRING OAKS, A PLANNED UNIT DEVELOPMENT IN THE SOUTHEAST
QUARTER OF SAID SECTION 4; THENCE ON AN ASSUMED BEARING OF
- 2 -
SOUTH 14 DEGREES 23 MINUTES 41 SECONDS WEST ON THE EAST LINE OF
SAID SPRING OAKS, 53.46 FEET; THENCE SOUTH 56 DEGREES 15 MINUTES 00
SECONDS EAST, 78.39 FEET THENCE SOUTHEASTERLY 501.22 FEET ON A
TANGENTIAL CURVE CONCAVE TO THE NORTHEAST,RADIUS 24,847.86 FEET,
CENTRAL ANGLE 1 DEGREE 09 MINUTES 21 SECONDS; THENCE NORTH 15
DEGREES 30 MINUTES 41 SECONDS EAST, 44.66 FEET; THENCE NORTH 55
DEGREES 01 MINUTE 33 SECONDS WEST, 586.81 FEET; THENCE SOUTH 14
DEGREES 23 MINUTES 41 SECONDS WEST, 10.14 FEET TO THE POINT OF
BEGINNING, CONTAINING 0.698 ACRES, MORE OR LESS OF WHICH 0.439
ACRES, MORE OR LESS, WERE PREVIOUSLY DEDICATED. TOGETHER WITH
THE TENEMENTS AND APPURTENANCES THERETO BELONGING.
(Commonly known as 2100 Big Timber Road)
Section 3. That the City Council of the City of Elgin hereby classifies the subject property
in the PMFR Planned Multiple Family Residence District, which shall be designed, developed,
and operated subject to the following provisions:
A. Purpose and Intent. The purpose and intent of this PMFR Planned Multiple
Family Residence zoning district is to provide a planned urban residential
environment of standardized density for multiple family dwellings, subject to the
provisions of Chapter 19.60"Planned Developments"of the Elgin Municipal Code,
as amended. A PMFR District is most similar to, but departs from the standard
requirements of the MFR Multiple Family Residential 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 PMFR Planned Multiple Family Residence 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 PMFR Planned Multiple Family Residence
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. PMFR Planned Multiple Family Residence
Districts should be located in substantial conformance to the official comprehensive
plan. The amount of land necessary to constitute a separate PMFR Planned
Multiple Family Residence 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)
- 3 -
acres. No departure from the required minimum size of a planned residence district
shall be granted by the City Council.
F. Land Use. In this PMFR Planned Multiple Family Residence, 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 PMFR Planned Multiple Family
Residence District:
1. Permitted Uses.Those land uses enumerated as permitted uses within the MFR
Multiple Family Residence District, Section 19.25.730 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
MFR Multiple Family Residence District, Section 19.25.730 B., Land Use, of
the Elgin Municipal Code,as it may be amended from time to time.
G. Site Design. In this PMFR Planned Multiple Family Residence, 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 19.25.735
"Site Design"for MFR Multiple Family Residence 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 The
Burton Foundation, as applicant and property owner, received November 3,
2021, and supporting documents including:
a. Undated Proposed Gifford's Crossing Development 36W380 Big Timber
Road, Elgin, Illinois 60123 Purpose and Conformance, received May 31,
2023;
b. ALTA/NSPS Title Survey,prepared by TFW Surveying and Mapping Inc.,
dated March 6, 2023;
c. Plat of Annexation to the City of Elgin Kane County, Illinois, prepared by
TFW Surveying and Mapping Inc.,dated October 1,2021,with such further
revisions as required by the City Engineer;
d. Four-page tree preservation plans,including Sheets L 0.1, L 0.2, L 0.3, and
L 0.4,prepared by Huff&Huff,Inc.,dated June 20,2023,with such further
revisions as required by the Community Development Director;
e. Site Landscape Plan Sheet L 1.0,prepared by Huff& Huff, Inc.,dated June
20, 2023, with such further revisions as required by the Community
Development Director;
f. Four-page Foundation Planting Plans, including Sheets L2.1, L2.2, L2.3,
-4-
and L2.4, prepared by Huff& Huff, Inc., dated June 20, 2023, with such
further revisions as required by the Community Development Director;
g. Hardscape Detail Plan, Sheet L5.0, prepared by Huff& Huff, Inc., dated
June 20, 2023, with such further revisions as required by the Community
Development Director;
h. Plant Lists and Notes,Sheet L5.0,prepared by Huff&Huff, Inc.,dated June
20, 2023, with such further revisions as required by the Community
Development Director;
i. Gifford's Crossing Preliminary Engineering 36W380 Big Timber Road,
Elgin, Illinois 601234 plans, prepared by TFW Surveying and Mapping
Inc., dated last revised June 1, 2023, with such further revisions as required
by the City Engineer;
j. Renderings, Sheet A-1,prepared by Meco A/E, dated March 16, 2023,with
such further revisions as required by the Community Development
Director;
k. 9-Unit Exterior Elevations,prepared by Meco A/E,dated May 3,2023,with
such further revisions as required by the Community Development
Director;
1. Six-page architectural plans titled Burton Foundation Gifford Crossing
Elgin, Illinois, consisting of Sheets A-1, A-2, A-3, A-4, A-5, and A-6,
prepared by Meco A/E, dated March 21, 2022, last revised May 9, 2023,
with such further revisions as required by the Community Development
Director; and
m. Monument Sign plan, Sheet MS1, prepared by Meco A/E, dated March 21,
2022, last revised May 3, 2023, 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 four principal
buildings on the Subject Property.
3. A departure is hereby granted to allow the construction of the proposed 36-unit
townhome development with a maximum of 115,330 square feet of vehicle use
area.
4. A departure is hereby granted to allow the installation of air conditioning
equipment in the street yard.
5. A departure is hereby granted to allow the removal and replacement of trees on
the Subject Property in substantial conformance to the four-page tree
preservation plans consisting of Sheets L 0.1, L 0.2, L 0.3, and L 0.4, prepared
- 5 -
by Huff & Huff, Inc., dated June 20, 2023, with such further revisions as
required by the Community Development Director.
6. At the time of building permit review,the applicant shall submit a photometrics
plan in compliance with the zoning ordinance requirements. In addition to all
free-standing light fixtures on the Subject Property, such photometrics plan
shall account for any exterior building-mounted light fixtures.
7. All trash receptacles (also known as trash cans, bins, or totes) shall be kept
within the attached garages of the residential units. Alternate location(s)for any
refuse collection area shall be approved by the Community Development
Director.
8. All exterior windows shall be dark color (black, dark bronze, or similar color
as approved by the Community Development Director) in substantial
conformance to the 9-Unit Exterior Elevations Sheet A-2, prepared by Meco
A/E, dated May 3, 2023, with such further revisions as required by the
Community Development Director.
9. All garage doors shall have clear horizontal windows across the top of the
garage door in substantial conformance to the 9-Unit Exterior Elevations Sheet
A-2, prepared by Meco A/E, dated May 3, 2023, with such further revisions as
required by the Community Development Director.
10. The proposed neighborhood open space with playground equipment and any
other amenities shall be owned and maintained by the owner or operator of the
residential development on the Subject Property.
11. The applicant shall make at least one parking space within the attached garage
for each unit adaptable for Electric Vehicle (EV) charging. For the absence of
doubt,adaptable for EV charging shall mean providing electrical panel capacity
and running the conduit at the time of building construction (wiring not
required)to support the future installation of at least a Level 2 EV charger. This
provision for the number, timing, and installation method of adaptable EV
charging shall supersede any EV provisions within the zoning ordinance, as
they may be amended from time to time.
12. Compliance with all applicable codes and ordinances.
H. Off Street Parking. In this PMFR Planned Multiple Family Residence District,
off-street parking shall be subject to the provisions of Chapter 19.45 "Off Street
Parking", of the Elgin Municipal Code, as amended.
- 6 -
Off Street Loading. In this PMFR Planned Multiple Family Residence 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 PMFR Planned Multiple Family Residence District, signs shall be
subject to the provisions of 19.50"Street Graphics", of the Elgin Municipal Code,
as amended, except as provided within this section, and shall be in substantial
conformance with the following:
1. A departure is hereby granted to allow the construction of one monument
graphic with the maximum height of five (5) feet and seven (7) inches, and
maximum sign surface area of sixty-two (62) square feet for the proposed
development.
K. Nonconforming Uses and Structures. In this PMFR Planned Multiple Family
Residence 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 PMFR Planned Multiple Family Residence 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 PMFR Planned Multiple Family Residence
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 PMFR zoning district.
N. Conditional Uses. In this PMFR Planned Multiple Family Residence 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 PMFR
zoning district.
O. Variations. In this PMFR Planned Multiple Family Residence 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 PMFR
zoning district.
P. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be appealed
- 7 -
subject to the provisions of Chapter 19.75"Appeals",of the Elgin Municipal Code,
as amended.
Section 4. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law.
David J. Kaptain, Mayor
Presented: December 20, 2023
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Kimberly A. Dewis, City Clerk
- 8 -
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PROJECT NAME: Gifford Crossing Townhouses ANNEXATION AGREEMENT EXHIBIT G
Location(NW,SW,or Other)' NW CITY OF ELGIN IMPACT FEES
Sewer Recapture(North Randall,Sleepy Hollow, Tyler Creek
Tyler Creek,Bowes Road,Bowes Creek,N/A) APRIL 24, 2023
School Land School Capital Park Land Park Capital Water Sewer Recapture Roadway(SW) Library Public Safety
Project Per Unit Fee' Por Unit Fee' Per Unit Feel Per Unit Fee 2 Por Unit Fee' Per Unit Fee'5 Per Unit Fee' Per Unit Fee' Per Unit Fee44 PROJECT
Numbers Project Fee Project Fee Project Fee Project Fee Project Fee Project Fee Project Fee Project Fee Project Fee SUBTOTALS
Detached Single-Family Residences
S429.07 S 1 393 36 $2,114.25 5820.39 $5,160.00 S1.589.00 S0 00 S 189 75 61.131 06
2-bedroom units 0 $0.00 $0.00 _ $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
S1.571.68 $5.664.69 $3,038.77 $1,179.43 $5,160.00 $1.589.00 $000 $27346 $1,131 06
3-bedroom units 0 $0.00 $0.00 $0.00 i $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
$2,603.59 $9,689.34 S3,945.48 $1,532.88 $5,160.00 $1,589.00 S0 00 S353 46 $1,131 06
4-bedroom units: 0 _ $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
S1,983.05 S7,554.43 S3,951.77 S1,534.74 $5,160.00 S1,589.00 $0.00 $355.32 $1,131.06
5+bedroom units: 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
Attached Single-Family Residences
$0.00 S0.00 51.250.52 S485.54 $5.160.00 51,589.00 $0.00 S11162 $1.131 06
1-bedroom units: 0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 _ $0.00 $0.00
$378.34 $1.344.25 $2.085.95 S809.23 $5,160.00 $1.589.00 $0.00 S186.03 $1,131 06
2-bedroom units: 13 $4,918.42 $17,475.24 $27,117.35 $10,519.97 $67,080.00 $20,657.00 $0.00 $2_,418.38 $14,703.77 $164.890.12
S732.67 $2.458.01 S2,507.33 S972.93 35,160.00 S1,599.00 $0.00 S225 10 $1.131 06
3-bedroom units: 18 $13,188.06 $44.244.13 $45,131.94 S17,512.81 S92,880.00 $28,602.00 $0.00 $4,051.72 $20,359.06 $265,969.73
$1,407.86 $5.125.67 $3,298.64 S1,279.88 S5,160 00 $1.589.00 $0.00 S295.79 $1,131.06
4-bedroom units: 5 $7,039.30 $25,628.35 $16,483.20 $8,399.41 $25,800.00 $7,945.00 $0.00 $1,478.93 $5.655.30 $96,429.49
Apartments
So 00 S0.00 S1,358.39 $52548 S1,589.00 $0.00 S120 92 $1,131.06
Efficiency units: 0 $0.00 $0.00 $0.00 $0.00 TBD
$0.00 $0.00 $0.00 _ $0.00 _ $0.00
S8 68 S31.31 S1,842.78 $716.21 51,589.00 $0.00 $165 57 $1,131.06
1-bedroom units: 0 $0.00 $0.00 $0.00 $0.00 TBD $0.00 $0.00 $0.00 $0.00 $0.00
- S377.74 S1.371.41 $2,006.28 S777.60 $1,589.00 $0.00 $18045 $1,131.06
2-bedroom units: 0 $0.00 _ $0.00 $0.00 $0.00 MD $0.00 _ $0.00 $0.00 $0.00 $0.00
S1,033.38 53.727.99 S3,200.20 31,242.88 3 51,589.00 $0.00 5286 49 $1.131 06
3-bedroom units: 0 $0.00 $0.00 $0.00 $0.00 TBD $0.00 $0.00 $0.00 $0.00 $0.00
Non-Residential
S0 00 $0.00 $0.00 $0.00 $584.00 S0 00 S0 00 $260 44
Commercial square footage: 0 S0.00 $0.00_ $0.00 $0.00 TB� $0.00 S0.00 $0.00 $0.00 $0.00
S0 00 $0.00 $0.00 $0.00 3 5364 00 SO 00 50 00 S260 44
Industrial square footage: 0 $0.00 $0.00 $0.00 $0.00 TBD $0.00 $0.00 $0.00 $0.00 $0.00
PROJECT SUBTOTALS: $25,145.78 I $87,347.71 $88,732.49 I $34,432.19 I $185,760.00 I $57,204.00 I $0.00 I $7,949.04 I $40,718.13 $527,289.34
ROADWAY CONTRIBUTION(Outside of SW)' $0.00
TOTAL IMPACT FEES: $527,289.34
'Note: -SW'is south of Highland and west of or immediately east of Randall Road;'NW'is north of Highland and west of or immediately east of Randall Road.
2 Note: For Non-Residential,a'Unit"is 1,000 square feet of floor area.
'Note: Water fees are based upon the water service size. This table assumes one 2-inch service per attached or detached SFR. The fee for a 1 Inch or smaller service is$1,300. Fees for larger services are listed below:
1.25'service: $2.030 1.5'service: $2,910 Y service: $5.160 4'service: $20.680 Service>4': $25.000
'Note: The public safety contribution is applicable only in the west(SW and NW). The maximum public safety contribution for a non-residential building is S46.507
'Note: The maximum sewer recapture fee for a non-residential building is$50.000.
°Note: For the SW area.the roadway improvement contribution is$3,359 per residential unit,$3,973 per 1,000 s.f.of commercial,and$3,973 per 1.000 s.f.of industrial. For other areas,the contribution is dependent upon arterial road frontage.
The maximum roadway contribution for a non-residential building is$90,306.