HomeMy WebLinkAbout95-144 Recorded Resolution No. 95-144
RESOLUTION
AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO
DECLARATION OF COVENANTS, EASEMENTS AND RESTRICTIONS
FOR FOX BLUFF CORPORATE CENTER
AND AUTHORIZING WAIVER OF INTEREST PAYMENT
WHEREAS, the City of Elgin is the developer of the Fox
Bluff Corporate Center and has previously provided for a
Declaration of Covenants, Easements and Restrictions to be
recorded for such property on September 7, 1993, as Document
No. 93K68272; and
WHEREAS, after consultation with owners within the Fox
Bluff Corporate Center, the city as developer has determined
that it is necessary and desirable to amend the Declaration of
Covenants, Easements and Restrictions; and
WHEREAS, in order to insure the continued quality of the
development within the Fox Bluff Corporate Center and to
maintain property values therein the City of Elgin has
requested and Elgin Corrugated Box Company has agreed not to
use decorative metal on the east wall of the Elgin Corrugated
Box building currently under construction and has agreed to
construct said east wall entirely of brick in exchange for the
waiver by the City of Elgin of one year of interest due on the
Phase II purchase of property by Elgin Corrugated Box.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed
to execute a First Amendment to Declaration of Covenants,
Easements and Restrictions for Fox Bluff Corporate Center on
behalf of the City of Elgin, a copy of which is attached
hereto and made a part hereof by reference.
BE IT FURTHER RESOLVED that the City of Elgin in
consideration of Elgin Corrugated Box constructing the east
wall of its building entirely in brick hereby waives the first
year of interest in the amount of $33,695.84 which would be
due and payable under the real estate sale contract with Elgin
Corrugated Box Company for the first year interest on the
Phase II payment provided for under paragraph 3 of said real
estate contract.
BE IT FURTHER RESOLVED that the attached Exhibits A and
B, correspondence outlining terms and conditions of the sale
of property to Elgin Corrugated Box, are hereby approved and
ratified.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: July 12, 1995
Adopted: July 12, 1995
Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
FlLEt)_r ORR PECORD
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95K0143669 95AUG -3 PH 1: 00
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C} FIRST AMENDMENT TO DECLARATION OF COVENANTS,
CJ EASEMENTS AND RESTRICTIONS FOR
FOX BLUFF CORPORATE CENTER
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After recording return to:
Dolonna Mecum
Elgin City Clerk
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150 Dexter Court “ao
Elgin, IL 60120 / /
FIRST AMENDMENT TO DECLARATION OF COVENANTS,
EASEMENTS AND RESTRICTIONS FOR FOX BLUFF CORPORATE CENTER
WHEREAS, the Fox Bluff Corporate Center is a
subdivision of real estate created on August 19, 1992,
pursuant to Document No. 92 K 59007, the legal description of
such property being set forth in Exhibit A; and
WHEREAS, the City of Elgin is the Developer of the
Fox Bluff Corporate Center and has previously provided for a
Declaration of Covenants, Easements and Restrictions to be
recorded for such property on September 7, 1993, as Document
No. 93 K 68272; and
WHEREAS, after consultation with owners within the
Fox Bluff Corporate Center, Olive Can Company and Elgin
Corrugated Box Company, the City of Elgin as Developer has
determined that it is necessary and desirable to amend the
Declaration of Covenants, Easements and Restrictions; and
WHEREAS, Section 9 .2 of said Declaration of
Covenants, Easements and Restrictions for the Fox Bluff
Corporate Center provides that the Developer, with the written
consent of the owners of record of one-half of the total
D acreage in the subject property may alter, amend, change,
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x modify, or revoke any of the provisions of such Declaration;
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and
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CO WHEREAS, the City of Elgin as Developer of the Fox
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Bluff Corporate Center currently owns more than one-half of
the total acreage of the subject property.
NOW, THEREFORE, the Declaration of Covenants,
Easements and Restrictions for the Fox Bluff Corporate Center
be and is hereby amended as follows :
1 . That Section 8 . 2 is hereby amended to read as
follows :
"8 .2 All buildings located on the Property
shall be constructed with one or more of the
following materials :
(a) Face brick; stone.
(b) Architectural precast concrete panel
with decorative finish.
(c) Combination architectural metal/glass
curtain wall construction.
(d) Approved equal as approved in writing
by the Developer with the written consent of
the owners of record of two-thirds of the total
acreage in the subject property not owned by
the Developer.
Notwithstanding the foregoing, future
building construction on the property may also
include the use of decorative metal for one
expansion wall per building provided that the
expansion wall be replaced with a permanent
wall constructed of one or more of the
permitted materials in this section within two
(2) years and further provided that the owner
constructing such a temporary wall have
ownership of sufficient additional property at
vD the time of the initial construction to allow
ut for the contemplated expansion. "
CD 2 . That Section 9 .2 be and is hereby amended to
OJ read as follows :
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"9 .2 The Developer, with the written
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consent of the owners of record of one-half of
the total acreage in the subject property not
owned by the Developer may alter, amend,
change, modify or revoke any of the provisions
of this Declaration with the exception of the ,,3
provisions of Section 8 .2 hereof, which shall
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require the written consent of the owners of
record of two-thirds of the subject property
not owned by the Developer. Any of the powers
and rights, whether or not contained in this
paragraph, conferred by this Declaration upon
the Developer may be assigned by the Developer
to any person, firm or corporation and may be
exercised by any such assignee. "
3 . This amendment shall not apply to the following
legally described property:
FAA Property
That part of the South East 1/4 of the North
East 1/4 of Section 27, Township 41 North, Range 8
East of the Third Principal Meridian, described as
follows : Beginning at the North East corner of the
said South East 1/4 of the North East 1/4 of Section
27; thence South 87 degrees, 55 minutes, 52 seconds
West along the North line of the said South East 1/4
of the North East 1/4, 1188 . 00 feet; thence South 02
degrees, 04 minutes, 08 seconds East, perpendicular
to the last described course, 596 .29 feet; thence
South 50 degrees 46 minutes, 57 seconds East 418 . 91
feet; thence North 39 degrees, 13 minutes, 03
seconds East perpendicular to the last described
course, 413 . 72 feet thence northeasterly, along a
curve to the right, tangent to the last described
course, having a radius of 760 . 00 feet, an arc
distance of 666 . 77 feet; thence North 89 degrees, 29
minutes, 06 seconds East, tangent to the last
described curve, 2 . 37 feet to the East line of the
said South East 1/4 of the North East 1/4 of Section
27 ; thence North 00 degrees, 54 minutes, 05 seconds
West along the said East line, 303 .69 feet to the
point of beginning, in the City of Elgin, Kane
County, Illinois .
U1 Olive Can Property
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CD Lots 6, 7, 9, 10, 11, 12, 13 and 14 and all of
vacated Chamber Drive and all of vacated Cook Circle
w in Fox Bluff Corporate Center being a subdivision on
CD part of Section 27, Township 41 North, Range 8 East
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UD of the Third Principal Meridian in the City of
Elgin, Kane County, Illinois .
Excluding therefrom the following three (3)
parcels: S(
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Parcel 1 : That part of Lot 12 of Fox Bluff
Corporate Center, being a subdivision of part of
Section 27, Township 41 North, Range 8 East ofthe
Third Principal Meridian, described as follows :
Commencing at the Southwest corner of said Lot 12;
thence North 00 degrees 54 minutes 05 seconds West,
along the West line of said Lot 12 , a distance of
456 . 10 feet for the point of beginning; thence North
89 degrees 58 minutes 24 seconds East, a distance of
227 . 03 feet to the East line of said Lot 12; thence
North 00 degrees 54 minutes 05 seconds West, along
the East line of said Lot 12, a distance of 461 . 09
feet to the Northeast corner of said Lot 12; thence
South 89 degrees 29 minutes 06 seconds West, along
the North line of said Lot 12, a distance of 2 .91
feet; thence southwesterly along the northerly line
of said Lot 12 , being along a curve to the left
having a radius of 680 .00 feet, tangent to the last
described course, an arc distance of 228 . 09 feet to
the Northwest corenr of said Lot 12; thence South 00
degrees 54 minutes 05 seconds East, along the West
line of said Lot 12, a distance of 421 .25 feet to
the point of beginning. Being situated in the City
of Elgin, Kane County, Illinois and containing
101,647 .28 square feet more or less .
Parcel 2 : That part of Lot 13 of Fox Bluff
Corporate Center, being a subdivision of part of
Section 27, Township 41 North, Range 8 East of the
Third Principal Meridian, described as follows :
Commencing at the Southeast corner of said Lot 13;
thence North 00 degrees 54 minutes 05 seconds West,
along the East line of said Lot 13, a distance of
456 . 10 feet for the point of beginning; thence South
89 degrees 58 minutes 24 seconds West, a distance of
137 .99 feet to a point on the northwesterly line of
said Lot 13 that is 381. 19 feet northeasterly of the
most westerly corner of said Lot 13; thence North 39
W degrees 13 minutes 03 seconds East, along the said
(/1 northwesterly line, a distance of 214 . 12 feet to the
most northerly corner of said Lot 13; thence South
O 00 degrees 54 minutes 05 seconds East, a distance of
165 . 84 feet to the point of beginning. Being
w situated in the City of Elgin, Kane County, Illinois
CD and containing 11,441 .29 square feet more or less .
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Parcel 3 : That part of Lot 14 of Fox Bluff
Corporate Center, being a subdivision of part of
Section 27, Township 41 North, Range 8 East of the
Third Principal Meridian, described as follows :
Commencing at the most southerly corner of said Lot
14; thence North 39 degrees 13 minutes 03 seconds
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East, along the southeasterly line of said Lot 14, a
distance of 381 . 19 feet for the point of beginning;
thence North 50 degrees 46 minutes 57 seconds West,
perpendicular to the last described course, a
distance of 262 . 00 feet to the northwesterly line of
said Lot 14; thence North 39 degrees 13 minutes 03
seconds East, along said northwesterly line, a
distance of 58. 72 feet; thence northeasterly, along
said northwesterly line, being along a curve to the
right having a radius of 680 . 00 feet, tangent to the
last described course, an arc distance of 368 .49
feet to the most northerly corner of said Lot 14;
thence South 00 degrees 54 minutes 05 seconds East,
along the East line of said Lot 14, a distance of
255 .41 feet to an easterly corner of said of Lot 14;
thence South 39 degrees 13 minutes 03 seconds West,
along the aforesaid southeasterly line of Lot 14, a
distance of 214 . 12 feet to the point of begining.
Being situated in the City of Elgin, Kane County,
Illinois and containing 80, 158 . 11 square feet more
or less .
Elgin Corrugated Box Company Property
Of Lots 34 through 40 inclusive, of Fox Bluff
Corporate Center, being a subdivision of part of
Section 27, Township 41 North, Range 8 East ofthe
Third Principal Meridian, and also that part of Lots
33, 32 and 41 of said subdivision, described as
follows : Beginning at the Southeast corner of said
Lot 41; thence South 88 degrees 17 minutes 46
seconds West, along the South line of said Lot 41, a
distance of 203 .28 feet to a line that is 116 . 72
feet East of, as measured at right angles, and
parallel with the West line of said Lots 41 and 32;
thence North 01 degree 42 minutes 14 seconds West,
along said parallel line, a distance of 735 . 07 feet
to the northwesterly line of said Lot 33; thence
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LnNorth 39 degrees 13 minutes 03 seconds East, along
said northwesterly line, a distance of 48 . 01 feet;
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CD thence easterly along a northerly line of said Lot
,�. 33, on a curve to the right having a radius of 36 . 00
CO feet, tangent to the last described course, an arc
CD distance of 54 . 70 feet; thence southeasterly along
CD the northeasterly line of said Lot 33, on a curve to
c.O the left having a radius of 483 . 00 feet, tangent to
the last described curve, an arc distance of 141 . 36
feet to the Northeast corner of said Lot 33; thence
South 01 degree 42 minutes 14 seconds East, along
the East line of said Lots 33, 32 and 41, a distance
of 706 . 60 feet to the point of beginning. Situated
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in the City of Elgin, Kane County, Illinois and
containing 15 . 00 acres more or less .
IN WITNESS WHEREOF, the City of Elgin as Developer
of the Fox Bluff Corporate Center has caused its corporate
seal to be hereto affixed and has caused its name to be signed
to this First Amendment to the Declaration of Covenants,
Easements and Restrictions for the Fox Bluff Corporate Center
by its Mayor and attested by the City Clerk this f3Ytday of
July, 1995 .
CITY OF ELGIN, a municipal
corporation /_�
By: -� / 4Y f
Kevin Kelly, May6r
Attest:
'W1°1-t/v`121
Dolonna Mecum, ity Clerk
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U) Prepared by:
UD Erwin Jentsch
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120
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EXHIBIT A - LEGAL DESCRIPTION
THE FOX BLUFF CORPORATE CENTER, BEING A SUBDIVISION
OF PART OF SECTION 27 , TOWNSHIP 41 NORTH, RANGE 8,
EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED AS
DOCUMENT 92K59007, IN THE CITY OF ELGIN, KANE
COUNTY, ILLINOIS.
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FILED FCF? RECORD
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