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Home My WebLink About96-295 Recorded Resolution No. 96-295 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO DECLARATION OF COVENANTS, EASEMENTS AND RESTRICTIONS FOR FOX BLUFF CORPORATE CENTER 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 Second 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. s/ Kevin Kelly Kevin Kelly, Mayor Presented: October 23, 1996 Adopted: October 23, 1996 Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk [FILED FOR RECORD 'KANE COUNTY, ILL. 96K086663 96 DEC 1 : no . RECORDER • • • SECOND AMENDMENT TO DECLARATION OF COVENANTS, EASEMENTS AND RESTRICTIONS FOR FOX BLUFF CORPORATE CENTER THIS SECOND AMENDMENT to Declaration of Covenants, Easements, and Restrictions for Fox Bluff Corporate Center (this "Second Amendment" ) is made and entered into as of this 23rd day of October, 1996 , by the City of Elgin (the "City" ) , the ELGIN CORRUGATED BOX COMPANY, an Illinois corporation ( "ECB" ) and OLIVE CAN COMPANY, an Illinois corporation ( "Olive Can" ) . WHEREAS, Fox Bluff Corporate Center (the "Subdivision" ) is a subdivision of—real _estate created on August 19 , 1-9927 pursuant to Document Number 92K59007 , legal �!\ description of such property being set forth on Exhibit A; and WHEREAS, the City of Elgin is the Developer of the v Subdivision and has previously provided for a Declaration of il Covenants, Easements, and Restrictions recorded for the 0 Subdivision on September 7 , 1993, as Document Number 93K68272 (the "Declaration" ) ; and WHEREAS, the City of Elgin, as Developer, recorded that certain First Amendment to Declaration of Covenants and Easements and Restrictions for the Subdivision on August 3, 1995, as Document Number 95K43669 (the "First Amendment" ) which amended the Declaration; and WHEREAS, Olive Can and Elgin Corrugated Box are each property owners within-the Fox Bluff Corporate Center and have previously entered into a Letter of Understanding dated January 29, 1996, relating to improvements on the property owned by Elgin Corrugated Box; and g% 96; K086663 WHEREAS, the City, Elgin Corrugated Box and Olive Can have determined that it is necessary and desirable to incorporate the terms of the Letter of Understanding into the Declaration of Covenants, Easements and Restrictions so as to make of record the provisions of the Letter of Understanding; and WHEREAS, Section 9 . 2 of said Declaration of Covenants, Easements and Restrictions for the Fox Bluff Corporate Center provides for the procedures wherein the Developer may alter, amend, change, modify, or revoke any of the provisions of--much declaration; and — WHEREAS, nd —WHEREAS, this Second Amendment to such Declaration conforms with the procedures to amend the Declaration. NOW, THEREFORE, the Declaration of Covenants, Easements and Restrictions for the Fox-Bluff Corporate Center be and is hereby further amended as follows : 1. That the Letter of Understanding of January 29, 1996, by and between Olive Can Company and Elgin Corrugated Box, attached hereto is as Exhibit B is hereby incorporated into and forms a part of the Declaration of Covenants, Easements and Restrictions for the Fox Bluff Corporate Center. In the event of any conflict between the terms of said Letter of Understanding and the Declaration as amended, the terms of the attached Letter of Understanding shall control . 2 . That this Second Amendment shall only apply to the Elgin Corrugated Box property, such property being legally 96X086663 2 described on Exhibit C hereto, and no other property in the subdivision. • IN WITNESS WHEREOF, the City of Elgin as Developer and owner of property within the Fox Bluff Corporate Center, ECB as owner of property in the Fox Bluff Corporate Center and Olive Can as an owner of property in the Fox Bluff Corporate Center have caused their corporate seals to be hereto affixed and have caused their corporate officials to sign this Second Amendment to the Declaration of Covenants, Easements and Restrictions for the Fox Bluff Corporate Center this 23rd day — of October, 1996 . CITY OF ELGIN a municipal corporation By � � /��. Kevin Kelly, Ma or Attest: g5--(14'Llwk. City Clerk (SEAL) State of Illinois ) ss County of Kane ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that Kevin Kelly, personally known to me to be the Mayor of the City of Elgin, a municipal corporation, and Dolonna Mecum, City Clerk of said municipal corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Mayor and City Clerk, they signed and delivered the said instrument as Mayor and City Clerk of said municipal corporation, and caused the corporate seal of said municipal corporation to be affixed thereto, 3 3 96K086663 ' the free and voluntary act and deed of said corporation, for the uses and purposes therein' set forth. Given under my hand and official seal this i/i, day of tie-g1 , 1996 . • IMPRESS NOTARIAL SEAL HERE y if_/p� L Not Public SUELLYNOSEAL ELGIN CORRU =TED BOX COMPANY LOSCH an Illi • o -ti•n NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES:10/27198 / ,-11 tMMnn�ar��anp.R�v�,.A,F...rrr n,.aA By ,...60. • • •- t B. Wilson, President Attest: State of Illinois ) — — ss County of—K a n e ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that Robert B. Wilson, personally known to me to be the President of Elgin Corrugated Box Company, an Illinois corporation, and .af said Illinoic_coopor-ation, , and personally known to me to be the same person$ whose name$' a a subscribed to the foregoing instrument, appeared before me this day in person and -severally acknowledged that as such President aA4 f whey signed and delivered the said instrument as President and of said Illinois corporation, and--ca.u.s.od--thQ tth9roto, pursuant Lto authority, given by said Illinois corporation as theitm5free and voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. iii nAtU. , Given under my hand and official seal this day of 1996 . IMPRESS NOTARIAL 6dIjil SEAL HEREi �� otary Public OFFICIAL SEAL LINDA A. ODELL NOTARY PUBLIC, STATE OF ILLINOIS f P ,y Cornmi.;Ion Expires May 31, 1997 'g''Nor,o,se No,so yr se r, 'sr-roe Nre fir' 4 g6D86663 . OLIVE CAN COMPANY, an Illinois or ra Mich Arm to, Ameisaion Attest: )J , ri c V f • 04zik....t/ CA4 C-12-c-t-L__ State of Illinois ) ss County of Kane ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY,E� ?a Michael Armato, personally known to me to be the of Olive Can Company,_an Illinois corporation, and I)m&'S L.) CczoV_ of said Illinois corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me t • ,� �YY y� in person and severally acknowledged that as such 5'i8erit and \CrneS \ - they signed and delivered the said instrument as President and of said Illinois corporation, and caused the corporate seal of said Illinois corporation to be affixed thereto, pursuant to authority, given by said Illinois corporation as their free and voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and official seal this ,D day of iOU• , 1996 . • IMPRESS NOTARIAL SEAL = �tim FICIAL SEAL " Notary Public U ALLISON ANN WIENBERG NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES 11/7/98 Prepared By: William A. Cogley City of Elgin 150 Dexter Court Elgin, Illinois 60120 ( 847 ) 931-5655 c :55y� �}( ��p 5 11'{y`� LT l7pty'3 EXHIBIT A 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. 6KO8656 s • EXHIBIT B LETTER OF UNDERSTANDING Isis LETTER OF UNDERSTANDING is entered into this dayof 4aR ,, 1996, by and between Olive Can Company, an I linois corse atin (hereinafter referred to as "Olive Can") ; and Elgin Corrugated Box Company, an Illinois corporation (hereinafter referred to as °Elgin Corrugated Box") . 1. Olive Can and Elgin Corrugated Box are each property owners within the Fox Bluff Corporate Center within the City of Elgin. Elgin Corrugated Box has recently commenced construction of a building ("Building*) on Lots 37-40 of the Fox Bluff Corporate Center. The City of Elgin. is the developer of the Vox Bluff Corporate Center. 2 . It is understood and agreed that the west and north walls of the Building are temporary walls and will be constructed with decorative metal in accordance with the existing plans. At such time as any part of the west wall is expanded to become a permanent wall, the new west wall will not - include decorative metal, but -instead will be constructed of brick or other permitted construction materials—as set_forth under Section 8.2, as amended, of the Declaration of Covenants, Easements and Restrictions for the Fox Bluff Corporate Center (*Covenants") , At such time as any part of the north wall is expanded to become a permanent wall , it will be constructed of decorative metal panels and a knee-high face brick. A. The plans for the Building include construction of a waste handling system on the roof and a starch storage tank. It is understood and agreed that these items shall be screened and maintained in accordance with the Covenants, and -_ that painting of these items with a color substantially compatible with the Building and/or surrounding landscape will constitute a suitable method of screening. . 4 . Elgin Corrugated Box contemplates the parking of certain trailers in an area south of Crispin, Drive and northeast of "phase 1" of the Building. It is understood and agreed that the trailer parking will be screened in accordance with the Covenants, and that the screening will include an eight foot cyclone fence and landscaping which breaks up the view of the northeast corner of the parking area. 5. Olive can represents that it has reviewed the Elgin Corrugated Box Project No. 544002 (a) phase l geometric plan dated April 11, 1995, job no. 940923; (b) site plan dated April 1, 1995, job no. 940923; and (c) landscape plan dated April 1, 1995 (collectively "current plane) . With the points set forth in this agreement Olive Can has no objections to said development as depicted in the current plan nor claims that said development as depicted in the current plan is in violation of . any other provisions of the Declaration of Covenants, Easements POOR COPY • For Reproductions ibis I96KO86663 • and Restrictions for the Fox 91uff Corporate Center or other • provisions of law. IN WITNESS WHEREOF, the parties have caused this Letter of Understanding to he executed on the date first written above. OLIVE CAN COMPANY, ELGIN CORRUGATED BOX, an Illinois co ration an. Illinois -ezporati,on By - By: ./._A moi iri► N- Name Title: r•X[�e • l,', (/ 1` if r Attest: Attest: 4.6,./ +Wvszooj.do. POOR COPY Recorder Not Responsible For Reproductions -2 961086663 EXHIBIT C Of Lots 34 through 40 inclusive, of Fox Bluff Corporate Center, being a subdivision ofpartof Section 27, Township 41 North, , Range 8 East of the 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 North 39 degrees 13 minutes 03 seconds East, along said northwesterly line, a distance of 48 .01 feet; thence easterly along a northerly line of said Lot 33, on a curve to the right having a radius of 36 . 00 feet; tangent to the last described course, an arc distance of 54 . 70 feet; thence southeasterly along the northeasterly line of said Lot 33, on a curve to 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 in the City—of Elgin, Kane County, Illinois and containing 15 . 00 acres more or less . I 9 96K086663 -.'FILED FOR RECORD ! AN!'" C(0.NTY, ftL , 90( 086663 96 DEC -9 PM Li: 00 RECUOi