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HomeMy WebLinkAboutS04-11State of Illinois ) CourTty of Kane) ss City of Elgin ) CERTIFICATE OF CITY CLERK 2011KO31719 SANDY WEGMAN RECORDER - KANE COUNTY. IF RECORDED: 5/26/2011 1:33 PM REC FEE: 10 1.00 PAGES: 7n Information I, Jennifer Quinton, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of: ORDINANCE NO. S4 -11 AN ORDINANCE OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, APPROVING A TAX INCREMENT REDEVELOPMENT PLAN AND REDEVELOPMENT PROJECT FOR THE BLUFF CITY QUARRY TIT REDEVELOPMENT PROJECT AREA passed by the Elgin City Council at its legally convened meeting held on May 11, 2011. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the, said City in the County and State aforesaid this May 26, 2011. (SEAL, This instrume6T`pTt'ft'ed by: William A. Cogley Corporation Counsel City of Elgin ¢ f 150 Dexter Court G U Elgin, IL 60120 Return to: Jennifer Quinton Elgin City Clerk 150 Dexter Court Elgin, IL 60120 `fit Ordinance No. 54 -11 AN ORDINANCE OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS, APPROVING A TAX INCREMENT REDEVELOPMENT PLAN AND REDEVELOPMENT PROJECT FOR THE BLUFF CITY QUARRY TIE REDEVELOPMENT PROJECT AREA WHEREAS, it is desirable and in the best interest of the citizens of the City of Elgin, Kane and Cook Counties, Illinois (the "City "), for the City to implement tax increment allocation financing pursuant to the Tax Increment Allocation Redevelopment Act, Division 74.4 of Article 11 of the Illinois Municipal Code, as amended (the "Act "), for a proposed redevelopment plan and redevelopment project (the "Plan and Project ") within the municipal boundaries of the City within a proposed redevelopment project area (the "Area ") described in Section 1(a) of this Ordinance, which Area constitutes in the aggregate more than one and one -half acres; and WHEREAS, pursuant to Section 11- 74.4 -5 of the Act, the Mayor and City Council of the City (the "Corporate Authorities ") called a public hearing relative to the Plan and Project and the designation of the Area as a redevelopment project area under the Act for March 9, 2011; and WHEREAS, due notice with respect to such hearing was given pursuant to Section 11- 74.4 -5 of the Act, said notice being given to taxing districts and to the Department of Commerce and Economic Opportunity of the State of Illinois by certified mail on December 22, 2010, by publication on February 23, 2011, and February 24, 2011, and by certified mail to taxpayers within the Area on February 11, 2011; and WHEREAS, the City has heretofore convened a joint review board as required by and in all respects in compliance with the provisions of the Act; and WHEREAS, the Corporate Authorities have reviewed the information concerning such factors presented at the public hearing and have reviewed other studies and are generally 2 informed of the conditions in the proposed Area that could cause portions of the Area to be classified as a "conservation area" as defined in the Act and portions of the Area to be classified as a vacant "blighted area" as defined in the Act; and WHEREAS, the Corporate Authorities have reviewed the conditions pertaining to lack of private investment in the proposed Area to determine whether private development would take place in the proposed Area as a whole without the adoption of the proposed Plan; and WHEREAS, the Corporate Authorities have reviewed the conditions pertaining to real property in the proposed Area to determine whether contiguous parcels of real property and improvements thereon in the proposed Area would be substantially benefited by the proposed Project improvements; and WHEREAS, the Corporate Authorities have reviewed the proposed Plan and Project and also the existing comprehensive plan for development of the City as a whole to determine whether the proposed Plan and Project conforms to the comprehensive plan of the City; 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. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin, Kane and Cook Counties, Illinois, in the exercise of its home rule powers, as follows: Section 1. Findings. That the Corporate Authorities hereby make the following findings: a. The Area is legally described in Exhibit A attached hereto and incorporated herein as if set out in full by this reference. The general street location for the Area is described in Exhibit B attached hereto and incorporated herein as if set out in full by this reference. The map of the Area is depicted on Exhibit C attached hereto and incorporated herein as if set out in full by this reference. ti b. There exist conditions that cause the Area to be subject to designation as a redevelopment project area under the Act and portions of the Area to be classified as a "conservation area" as defined in the Act and portions of the Area to be classified as a vacant "blighted area" as defined in the Act. C. The proposed Area on the whole has not been subject to growth and development through investment by private enterprise and would not be reasonably anticipated to be developed without the adoption of the Plan. d. The Plan and Project conform to the comprehensive plan for the development of the City as a whole. e. As set forth in the Plan it is anticipated that all obligations incurred to finance redevelopment project costs, if any, as defined in the Plan shall be retired within twenty- three (23) years after the Area is designated and as provided for by the Act. f The parcels of real property in the proposed Area are contiguous, and only those contiguous parcels of real property and improvements thereon that will be substantially benefited by the proposed Project improvements are included in the proposed Area. Section 2. Plan and Project Approved. That the Plan and Project, which were the subject matter of the public hearing held on March 9, 2011, are hereby adopted and approved. A copy of the Plan and Project prepared by the City of Elgin and Kane, McKenna and Associates, Inc. dated November 2010 is set forth in Exhibit D attached hereto and incorporated herein as if set out in full by this reference. Section 3. Invaliditv of Any Section. That if any section, paragraph, or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforeeability of such section, paragraph, or provision shall not affect any of the remaining provisions of this Ordinance. I Section 4. Superseder and Effective Date. All ordinances, resolutions, motions, or orders in conflict herewith shall be, and the same hereby are, repealed to the extent of such conflict, and this Ordinance shall be in full force and effect immediately upon its passage by the Corporate Authorities and approval as provided by law. Presented: May 11, 2011 Passed: May 11, 2011 Vote: Yeas: 7 Nays: 0 Recorded: May 11, 2011 Published: May 13, 2011 Attest: sl Jennifer Quinton Jennifer Quinton, Acting City Clerk sl David J. Kaptain David J. Kaptain, Mayor r,", EXHIBIT A LEGAL DESCRIPTION BLUFF CITY TIE DISTRICT - LEGAL DESCRIPTION: THAT PART OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KANE COUNTY, ILLINOIS AND THAT PART OF SECTIONS 19, 20, 29 AND 30, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 16 IN BLOCK 41N WINZLER ADDITION TO ELGIN, ILLINOIS, BEING A SUBDIVISION OF PART OF SECTION 24 AFORESAID; THENCE NORTHERLY ALONG THE NORTHERLY EXTENSION OF THE EASTERLY LINE OF SAID LOT 16 IN BLOCK 4 TO THE SOUTH LINE OF BLOCK I IN WILLIAM REDEKER'S THIRD ADDITION TO ELGIN, ILLINOIS; THENCE WESTERLY ALONG SAID SOUTH LINE OF BLOCK I TO THE WEST LINE OF PARCEL ONE AS DESCRIBED IN WARRANTY DEED DOCUMENT NO. 95KO06877 AS RECORDED IN THE RECORDERS OFFICE OF KANE COUNTY, ILLINOIS; THENCE NORTH ALONG SAID WEST LINE OF PARCEL ONE AS DESCRIBED IN WARRANTY DEED DOCUMENT NO. 95KO06877 TO THE NORTHWEST CORNER OF SAID PARCEL ONE AND ALSO BEING THE SOUTH LINE OF LOT 5 IN SAID BLOCK 11N WILLIAM REDEKER'S THIRD ADDITION TO ELGIN, ILLINOIS; THENCE EAST ALONG SAID SOUTH LINE OF LOT 5 TO THE SOUTHEAST CORNER OF SAID LOT 5; THENCE NORTH ALONG THE EAST LINE OF SAID LOT 5 AND THE EAST LINE OF LOT 4 IN SAID BLOCK 1 IN WILLIAM REDEKER'S THIRD ADDITION TO ELGIN, ILLINOIS TO THE NORTHEAST CORNER OF SAID LOT 4 IN BLOCK 1; THENCE NORTHERLY TO THE SOUTHEAST CORNER OF THE PROPERTY DESCRIBED IN DOCUMENT NO. 99KO79899 AND ALSO BEING THE NORTHERLY LINE OF ROUTE 20 BY -PASS; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF ROUTE 20 BY -PASS IN KANE AND COOK COUNTIES, ILLINOIS TO WEST LINE AS DESCRIBED IN TRUSTEE'S DEED DOCUMENT NO. 94467557 AS RECORDED IN THE RECORDERS OFFICE OF COOK COUNTY, ILLINOIS; THENCE NORTHERLY ALONG SAID WEST LINE AS DESCRIBED IN TRUSTEE'S DEED DOCUMENT NO. 94467557, SAID LINE ALSO BEING PARALLEL WITH THE COUNTY LINE BETWEEN KANE AND COOK COUNTIES TO THE NORTHWEST CORNER AS DESCRIBED IN SAID TRUSTEE'S DEED DOCUMENT NO. 94467557 AND ALSO BEING THE SOUTH LINE OF HASTINGS STREET; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID HASTINGS STREET, A DISTANCE OF 234.5 FEET; THMCE SOUTH PARALLEL WITH SAID COUNTY LINE, A DISTANCE OF 374.0 FEET, MORE OR LESS TO THE LINE OF WILLIAM REDEKER'S LANDS; THENCE SOUTHWESTERLY ALONG SAID LINE OF WILLIAM REDEKER'S LANDS AND ALSO BEING THE SOUTHEASTERLY LINE AS DESCRIBED IN TRUSTEE'S DEED DOCUMENT NO. 94467557 TO SAID NORTHERLY LINE OF ROUTE 20 BY -PASS; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF ROUTE 20 BY -PASS TO THE SOUTHEASTERLY LINE OF WRIGHT AVENUE; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE OF WRIGHT AVENUE TO THE SOUTHWEST CORNER OF LOT I IN LEO GRAPS RESUBDIVISION OF PART OF LOT I IN BLOCK 2 OF ELGIN HEIGHTS ADDITION IN SAID SECTION 19; THENCE SOUTHEASTERLY ALONG THE SOUTHWEST LINE OF SAID LOT 1 IN LEO GRAPS RESUBDIVISION TO SAID NORTHERLY LINE OF ROUTE 20 BY- PASS; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF ROUTE 20 BY -PASS TO THE SOUTHEASTERLY LINE OF SAID LOT I IN LEO GRAPS RESUBDIVISION; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF LOTS 11 2 AND 3 IN SAID LEO GRAPS RESUBDIVISION TO THE SOUTHWEST CORNER OF LOT 5 IN SAID LEO GRAPS RESUBDIVISION; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 5 IN LEO CRAPS RESUBDIVISION TO THE NORTHWESTERLY LINE OF DICKIE AVENUE; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE OF DICKIE AVENUE TO SAID NORTHERLY LINE OF ROUTE 20 BY -PASS; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF ROUTE 20 BY-PASS TO THE EAST LINE OF LOT 21 IN BLOCK 2 IN LUDLOW AND STELFORD'S ADDITION TO ELGIN IN THE SOUTHEAST QUARTER OF SAID SECTION 19; THENCE NORTHERLY ALONG SAID EAST LINE OF LOT 21 IN BLOCK 2 IN LUDLOW AND STELFORD'S ADDITION TO ELGIN TO THE NORTHEAST CORNER OF SAID LOT 21 IN BLOCK 2; THENCE EASTERLY ALONG THE NORTH LINE OF LOTS 22 THROUGH 35, INCLUSIVE, IN SAID BLOCK 2 IN LUDLOW AND STELFORD'S ADDITION TO ELGIN TO THE EAST LINE OF THE WEST 38.2 FEET OF LOT 5 IN SAID BLOCK 2 IN LUDLOW AND STELFORD'S ADDITION TO ELGIN; THENCE NORTHERLY ALONG SAID EAST LINE OF THE WEST 38.2 FEET OF LOT 5 IN BLOCK 2 TO THE SOUTH LINE OF LUDLOW AVENUE; THENCE EASTERLY ALONG SAID SOUTH LINE OF LUDLOW AVENUE TO THE CENTERLINE OF OLD ROAD (U.S. ROUTE 20); THENCE Exhibit A I SOUTHEASTERLY ALONG SAID CENTERLINE OF OLD ROAD (U.S. ROUTE 20) TO THE WEST LINE OF PARCEL DEPICTED AND DESCRIBED ON PLAT OF DEDICATION OF PUBLIC HIGHWAY ON PLAT NO. 172 FOR TRACT 172 PER CONDEMNATION N0, 61 S 462; THENCE SOUTHWESTERLY ALONG SAID WEST LINE OF PARCEL DEPICTED AND DESCRIBED ON PLAT OF DEDICATION OF PUBLIC HIGHWAY ON PLAT NO. 172 FOR TRACT 172 PER CONDEMNATION NO, 61 S 462 TO THE SOUTHWEST CORNER OF SAID PARCEL DEPICTED AND DESCRIBED ON PLAT OF DEDICATION OF PUBLIC HIGHWAY ON PLAT NO. 172 FOR TRACT 172 PER CONDEMNATION NO. 61 S 462; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL DEPICTED AND DESCRIBED ON PLAT OF DEDICATION OF PUBLIC HIGHWAY ON PLAT NO. 172 FOR TRACT 172 PER CONDEMNATION NO. 61 S 462 TO THE, SOUTHEAST CORNER OF SAID PARCEL DEPICTED AND DESCRIBED ON PLAT OF DEDICATION OF PUBLIC HIGHWAY ON PLAT NO, 172 FOR TRACT 172 PER CONDEMNATION NO. 61 S 462 AND ALSO BEING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH ALONG SAID EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 19 TO THE SOUTH LINE OF SAID U.S. ROUTE 20; THENCE EASTERLY ALONG SAID SOUTH LINE OF U.S. ROUTE 20 TO THE WESTERLY LINE OF PARCEL DEPICTED AND DESCRIBED ON PLAT OF DEDICATION OF PUBLIC HIGHWAY ON PLAT NO. 177 IN BOOK 576 OF PLATS PAGE 1 AS DOCUMENT NO. 17993034; THENCE SOUTHWESTERLY ON SAID WESTERLY LINE OF PARCEL DEPICTED AND DESCRIBED ON PLAT OF DEDICATION OF PUBLIC HIGHWAY ON PLAT NO. 177 IN BOOK 576 OF PLATS PAGE 1 TO THE SOUTHERLY LINE OF BLUFF CITY BOULEVARD (FRONTAGE ROAD); THENCE EASTERLY ON SAID SOUTHERLY LINE OF BLUFF CITY BOULEVARD (FRONTAGE ROAD) TO THE EASTERLY LINE OF COMMONWEALTH EDISON COMPANY PROPERTY, SAID LINE BEING 40.0 FEET EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE EASTERLY LINE IN DOCUMENTS 9899344 AND 9929391; THENCE SOUTHERLY ALONG SAID PARALLEL LINE TO SAID SOUTHERLY LINE OF BLUFF CITY BOULEVARD (FRONTAGE ROAD); THENCE EASTERLY ALONG SAID SOUTHERLY LINE OF BLUFF CITY BOULEVARD (FRONTAGE ROAD) TO A LINE 300.00 FEET EAST OF AND PARALLEL WITH SAID EASTERLY LINE OF COMMONWEALTH EDISON COMPANY PROPERTY AND ALSO BEING THE WESTERLY LINE AS DESCRIBED IN WARRANTY DEED DOCUMENT NO. 0335627185 AS RECORDED IN THE RECORDERS OFFICE OF COOK COUNTY, ILLINOIS; THENCE SOUTHERLY ALONG SAID WESTERLY LINE AS DESCRIBED IN WARRANTY DEED DOCUMENT NO. 0335627185 TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20; THENCE CONTINUING SOUTHERLY ALONG SAID WESTERLY LINE AS DESCRIBED IN WARRANTY DEED DOCUMENT NO. 0335627185 TO AN ANGLE POINT IN SAID WESTERLY LINE AS DESCRIBED IN WARRANTY DEED DOCUMENT NO. 0335627185; THENCE EASTERLY TO AN ANGLE POINT IN SAID WESTERLY LINE AS DESCRIBED IN WARRANTY DEED DOCUMENT NO. 0335627185; THENCE SOUTHERLY ALONG SAID WESTERLY LINE AS DESCRIBED IN WARRANTY DEED DOCUMENT NO. 0335627185 TO THE SOUTHWEST CORNER AS DESCRIBED IN WARRANTY DEED DOCUMENT NO. 0335627185; THENCE EASTERLY ALONG SAID SOUTHERLY LINE AS DESCRIBED IN WARRANTY DEED DOCUMENT NO, 0335627185 TO THE WESTERLY LINE OF THE ELGIN, JOLIET AND EASTERN RAILWAY COMPANY; THENCE SOUTHERLY ALONG SAID WESTERLY LINE OF THE ELGIN, JOLIET AND EASTERN RAILWAY COMPANY TO A POINT 580.23 FEET NORTHERLY OF THE NORTH RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD AS MEASURED ALONG SAID WESTERLY LINE OF THE ELGIN, JOLIET AND EASTERN RAILWAY COMPANY; THENCE WESTERLY ALONG A LINE PARALLE TO SAID SOUTHERLY LINE AS DESCRIBED IN WARRANTY DEED DOCUMENT NO. 0335627185 TO SAID LINE BEING 40.0 FEET EASTERLY OF AND PARALLEL TO THE EASTERLY RIGHT OF WAY LINE OF THE COM ED RIGHT OF WAY AS DESCRIBED IN DOCUMENT NO. 18983320; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE OF THE COM ED RIGHT OF WAY AS DESCRIBED IN DOCUMENT NO. 18983320 TO SAID NORTH RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD; THENCE WESTERLY ALONG SAID NORTH RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 30; THENCE SOUTHERLY ALONG SAID EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 30 TO THE NORTHEAST QUARTER OF LOT i IN GRABER SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF OF SAID SOUTHEAST QUARTER OF SECTION 30; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 1 IN GRABER SUBDIVISION AND THE SOUTHERLY EXTENSION THEREOF TO THE SOUTH LINE OF SPAULDING ROAD; THENCE WEST ALONG SAID SOUTH LINE OF SPAULDING ROAD TO THE WEST LINE OF GIFFORD ROAD; THENCE 8 NORTH ALONG SAID WEST LINE OF GIFFORD ROAD TO THE WESTERLY EXTENSION OF THE NORTH LINE OF OUTLOT A IN SAID GRABER SUBDIVISION; THENCE EAST ALONG SAID NORTH LINE OF OUTLOT A AND THE WESTERLY EXTENSION THEREOF AND NORTH LINE OF SAID LOT I TO AN ANGLE POINT IN SAID LOT l; THENCE NORTH ALONG A WESTERLY LINE OF SAID LOT 1 TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE WEST ALONG THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 1 TO THE WEST LINE OF SAID GIFFORD ROAD; THENCE NORTH ALONG SAID WEST LINE OF SAID GIFFORD ROAD TO THE SOUTH LINE OF BLUFF CITY BOULEVARD; THENCE WEST ALONG THE SOUTH LINE OF BLUFF CITY BOULEVARD TO THE POINT OF BEGINNING; EXCEPT THAT PART OF THE NORTHEAST QUARTER OF SAID SECTION 30, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD AND THE WEST LINE OF THE COMMONWEALTH EDISON RIGHT OF WAY, PER DOCUMENT NUMBER 9899344 AND 9929391; THENCE NORTH 62 DEGREES 45 MINUTES 34 SECONDS WEST, ALONG SAID NORTHERLY RIGHT OF WAY OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD, A DISTANCE OF 2069.93 FEET, TO THE CENTER LINE OF GIFFORD ROAD; THENCE NORTH 00 DEGREES 45 MINUTES 57 SECONDS EAST, ALONG SAID CENTER LINE OF GIFFORD ROAD, A DISTANCE OF 382.02 FEET; THENCE SOUTH 89 DEGREES 14 MINUTES 03 SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED COURSE, A DISTANCE OF 33.00 FEET, TO THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 45 MINUTES 57 SECONDS FAST, A DISTANCE OF 588.60 FEET ALONG THE APPARENT EAST RIGHT OF WAY LINE OF GIFFORD ROAD; THENCE SOUTH 89 DEGREES 14 MINUTES 03 SECONDS EAST, A DISTANCE OF 712.48 FEET TO A LINE 66.00 FEET WEST OF AND PARALLEL TO THE WEST LINE OF PROPERTY CONVEYED TO WASTE MANAGEMENT OF ILLINOIS, INC. BY DEED DOCUMENT 0600443210 RECORDED JANUARY 4, 2006; THENCE SOUTH 0 DEGREES 45 MINUTES 57 SECONDS WEST, A DISTANCE OF 728.88 FEET ALONG SAID PARALLEL LINE; THENCE NORTH 87 DEGREES 20 MINUTES 16 SECONDS WEST, A DISTANCE OF 36.57 FEET; THENCE NORTH 49 DEGREES 39 MINUTES 46 SECONDS WEST, A DISTANCE OF 114.26 FEET; THENCE NORTH 84 DEGREES 31 MINUTES 54 SECONDS WEST, A DISTANCE OF 570.85 FEET; THENCE NORTH 43 DEGREES 24 MINUTES 12 SECONDS WEST, A DISTANCE OF 27.17 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS, ALSO EXCEPT THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29 AND THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 30, ALL IN TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD AND THE WEST LINE OF THE COM ED RIGHT OF WAY PER DOCUMENT NUMBER 9899344 AND 9929391; THENCE NORTH 00 DEGREES 10 MINUTES 09 SECONDS EAST, A DISTANCE OF 453.90 FEET ALONG SAID WESTERLY RIGHT OF WAY LINE; THENCE NORTH 08 DEGREES 23 MINUTES 10 SECONDS EAST, A DISTANCE OF 668.11 FEET CONTINUING ALONG SAID WESTERLY RIGHT OF WAY LINE; THENCE NORTH 81 DEGREES 36 MINUTES 50 SECONDS WEST, A DISTANCE OF 70.00 FEET ALONG A LINE PERPENDICULAR TO SAID WESTERLY RIGHT OF WAY TO THE POINT OF BEGINNING; THENCE NORTH 87 DEGREES 20 MINUTES 16 SECONDS WEST, A DISTANCE OF 1056.44 FEET; THENCE NORTH 00 DEGREES 45 MINUTES 57 SECONDS FAST, A DISTANCE OF 596.39 FEET, ALONG A LINE PARALLEL TO THE CENTERLINE OF GIFFORD ROAD; THENCE SOUTH 87 DEGREES 20 MINUTES 16 SECONDS EAST, A DISTANCE OF 1135.93 FEET TO A POINT 70.00 FEET WESTERLY OF SAID WESTERLY RIGHT OF WAY AS MEASURED PERPDICULAR TO SAID WESTERLY RIGHT OF WAY; THENCE SOUTH 08 DEGREES 23 MINUTES 10 SECONDS WEST, A DISTANCE OF 599.05 FEET ALONG A LINE PARALLEL TO SAID WESTERLY RIGHT OF WAY LINE TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. ALSO EXCEPT THAT PART OF SECTIONS 19, 20,29 AND 30, ALL IN TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD WITH THE WEST RIGHT OF WAY LINE OF THE COMMONWEALTH EDISON RIGHT OF WAY; THENCE NORTH 00 DEGREES 10 MINUTES 09 SECONDS EAST, 453.90 FEET ALONG SAID WEST RIGHT OF WAY LINE OF THE COMMONWEALTH EDISON RIGHT OF WAY; THENCE NORTH 08 DEGREES 23 MINUTES 10 SECONDS EAST, 2515.42 FEET ALONG SAID WEST RIGHT OF WAY LINE OF THE COMMONWEALTH EDISON RIGHT OF WAY; THENCE NORTH 05 DEGREES 57 MINUTES 54 SECONDS EAST, 728.86 FEET ALONG SAID WEST RIGHT OF WAY LINE OF THE COMMONWEALTH EDISON RIGHT OF WAY TO fHE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20; THENCE SOUTH 88 DEGREES 39 MINUTES 39 SECONDS WEST (SOUTH 88 DEGREES 20 MINUTES 45 SECONDS WEST RECORD), 171.80 FEET ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20 TO THE POINT OF BEGINNING; THENCE SOUTH 02 DEGREES 55 MINUTES 35 SECONDS WEST, A DISTANCE OF 653.56 FEET; THENCE NORTH 89 DEGREES 26 MINUTES 23 SECONDS WEST, A DISTANCE OF 170L44 FEET TO A LINE 350.00 FEET EAST OF AND PARALLEL WITH THE CENTERLINE OF GIFFORD ROAD; THENCE NORTH 00 DEGREES 45 MINUTES 57 SECONDS EAST, A DISTANCE OF 573.16 FEET ALONG SAID PARALLEL LINE; THENCE NORTH 00 DEGREES 41 MINUTES 05 SECONDS EAST A DISTANCE OF 948.06 FEET ALONG SAID PARALLEL LINE; THENCE SOUTH 88 DEGREES 21 MINUTES 58 SECONDS EAST, A DISTANCE OF 440.67 FEET; THENCE SOUTH 86 DEGREES 21 MINUTES 08 SECONDS EAST, A DISTANCE OF 658.78 FEET; THENCE SOUTH 03 DEGREES 00 MINUTES 55 SECONDS WEST, A DISTANCE OF 292.37 FEET; THENCE SOUTH 08 DEGREES 23 MINUTES 45 SECONDS WEST, A DISTANCE OF 225.52 FEET; THENCE SOUTH 81 DEGREES 03 MINUTES 58 SECONDS EAST, A DISTANCE OF 397.77 FEET; THENCE SOUTH 47 DEGREES 06 MINUTES 51 SECONDS EAST, A DISTANCE OF 37181 FEET, TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. N: \I936\SurveyUext \Bluff City TIP District Iegal description.docz l� EXHIBIT B GENERAL STREET LOCATION EXHIBIT B The area is generally bounded by the frontage properties north of Bluff City Boulevard on the north (extending west to St. Charles Street), Gifford Road on the west, Spaulding Road on the south and the EJ & E railroad right of way and the Copart facility to the east. EXHIBIT C MAP OF REDEVELOPMENT PROJECT AREA 3 Exhibit C EXHIBIT D REDEVELOPMENT PLAN AND PROJECT F CITY OF ELGIN BLUFF CITY /QUARRY TIF AREA REDEVELOPMENT PLAN AND PROJECT Jointly Prepared By: City of Elgin, Illinois I:rF Kane, McKenna and Associates, Inc. November, 2010 k 't TABLE OF CONTENTS Subiect 1. Introduction 1 Il. Redevelopment Project Area Legal Description 4 III. Redevelopment Project Area Goals and Objectives 5 IV. Evidence of the Lack of Development and Growth within 7 RPA and Assessment of Fiscal Impact on Affected Taxing Districts A. Evidence of the Lack of Development and Growth Within the Redevelopment Project Area 7 B. Assessment of Fiscal Impact on Affected Taxing Districts 7 V. TIF Qualification Factors Existing in the Redevelopment Project Area 0 VI. Redevelopment Project 9 A. Redevelopment Plan and Project Objectives 9 B. Redevelopment Activities 10 C. General Land Use Plan 11 D. Additional Design and Control Standards for Community Development in the City I I E. Estimated Redevelopment Project Costs I I F. Sources of Funds to Pay Redevelopment Project Costs 16 G. Nature and Term of Obligations to be Issued 16 H. Most Recent Equalized Assessed Valuation (EAV) Of Properties in the Redevelopment Project Area 17 I. Anticipated Equalized Assessed Valuation (EAV) 17 TABLE OF CONTENTS ... Continued Subieet page VII. Description and Scheduling of Redevelopment Project 18 A. Redevelopment Project 18 B. Commitment to Fair Employment Practices and Affirmative Action 19 C. Completion of Redevelopment Project and Retirement Of Obligations to Finance Redevelopment Costs 20 VIII. Provisions for Amending the Tax Increment Plan 21 LIST OF EXHIBITS EXHIBITS Exhibit 1 - Legal description Exhibit 2 - Boundary Map Exhibit 3 - Existing Land Use Map Exhibit 4 - Proposed Land Use Map Exhibit 5 - TIE Qualification Report I. The City incorporated in 1854 and is located approximately 38 miles to the north and west of the City of Chicago. Elgin has historically existed as a strong regional center outside of Chicago, including diverse uses, strong transportation linkages and a location along the northern Fox River Valley. The area discussed in this Plan (the "Redevelopment Project Area" or "RPA ") is generally bounded by the frontage properties north of Bluff City Boulevard on the north (extending west to St. Charles Street), Gifford Road on the west, Spaulding Road on the south and the EJ & E railroad right of way and the Copart facility to the east. The RPA is legally described in a subsequent section. A boundary map of the RPA is included as part of Exhibit 2. The RPA contains mixed commercial, institutional, industrial and residential uses and vacant land, including unused quarries, mines and/or strip mine ponds. The RPA contains approximately ninety two (92) buildings and approximately two hundred and eleven (211) total tax parcels (as of the 2009 Tax Year). Conditions of unused quarries, mines and/or strip mine ponds, deleterious layout, lack of community planning, inadequate utilities, deterioration, and lagging Equalized Assessed Valuation (EAV), are evidenced throughout the area and have been documented pursuant to site visits and City and County data. The RPA exhibits limitations for industrial and commercial redevelopment due to the conditions described above. Other sources of potential concern regarding the RPA include the need for coordinated access and egress, a lack of buffering between uses and parking /loading provisions. These factors taken in combination tend to limit the opportunities for commercial, industrial, and mixed use redevelopment of the RPA. The RPA is suitable for redevelopment for mixed uses including commercial and industrial. The RPA's best opportunity for redevelopment is related to its proximity to arterial roads and size of redevelopment parcels. The City has undertaken an initiative, through the designation of the RPA, to redevelop strategic areas within the City and, in doing so, stabilize and expand benefits to the community and affected taxing districts. The Redevelopment Plan The City recognizes the need for implementation of a strategy to revitalize existing properties within the boundaries of the RPA and to stimulate and enhance private development. Business attraction and expansion are key components of the strategy. The needed private investment in the RPA may only be possible if tax increment financing (TIF) is adopted pursuant to the terms of the Tax Increment Allocation Redevelopment Act (the "Act"), Illinois Compiled Statutes, Chapter 65, Section 5/11- 74.4 -1 et seq., as amended. Incremental property tax revenue generated by the development will play a decisive role in encouraging private development. Site conditions that may have precluded intensive private investment in the past will be eliminated. Ultimately, the implementation of the Redevelopment Plan and Project will benefit the City and all the taxing districts, which serve the RPA in the form of a significantly expanded tax base. Redevelopment plan and Project- City of Elgin, IL The designation of the area as a Redevelopment Project Area will allow the City to address RPA deficiencies including (but not limited to): Establishing a pattern of land use activities that will increase efficiency and economic relationships; Entering into redevelopment agreements in order to induce or promote the redevelopment of property and/or to induce new development to locate within the RPA; Providing infrastructure that supports redevelopment; Coordinating and providing adequate parking for all redevelopments; Improving area appearance through landscape, urban design guidelines, streetscape, and signage programs; and Coordinating land assembly in order to provide sites featuring more modem redevelopment plans. A map of the RPA boundaries is included in Exhibit 2 and is a part of this Redevelopment Plan and Project. The area on the whole would not reasonably be anticipated to be developed in a coordinated manner without the adoption of a Redevelopment Plan and Project. The City, with the assistance of Kane, McKenna and Associates, Inc. ( "KMA ") has prepared this Redevelopment Plan and Project to use tax increment financing in order to address local needs and to meet redevelopment goals and objectives. The adoption of this Redevelopment Plan and Project makes possible the implementation of a comprehensive program for the economic redevelopment of the proposed area. By means of public investment, the RPA will become a more viable area that will attract more private investment. The additional public investment will set the stage for the redevelopment of the area with private capital. This in turn will lead to operation of viable retail, mixed- use residential, and commercial uses within the area. Pursuant to the Act, the RPA includes only those contiguous parcels of real property and improvements thereon substantially benefited by the redevelopment project. Also pursuant to the Act, the RPA is not less in the aggregate than 1'/ acres. Through this Redevelopment Plan and Project, the City will serve as the central force for marshalling the assets and energies of the private sector for a unified cooperative public - private redevelopment effort. Ultimately, the implementation of this redevelopment plan will create a stabilized and expanded tax base, the creation of new development opportunities, enhanced retention of existing businesses, and the creation of new employment opportunities within the City as a result of new private development in the RPA. Redevelopment Plan and Prafect- Bluff OtylQuarry T(F City of Elgin, !L 2- 10 Summary It is found and declared by the City, through legislative actions as required by the Act, that in order to promote and protect the health, safety, and welfare of the public, that certain conditions that have adversely affected redevelopment within the RPA need to be addressed, and that redevelopment of such areas must be undertaken; and, to alleviate the existing adverse conditions, it is necessary to encourage private investment and enhance the tax base of the taxing districts in such areas by the development or redevelopment of certain areas. Public /private partnerships are determined to be necessary in order to achieve development goals. Without the development focus and resources provided under the Act, the development goals of the City would not reasonably be expected to be achieved. It is found and declared by the City that the use of incremental tax revenues derived from the tax rates of various taxing districts in the Redevelopment Project Area for the payment of redevelopment project costs is of benefit to those taxing districts. The reason for the use of incremental tax revenues is that those taxing districts whose jurisdictions include the Redevelopment Project Area would not derive the benefits of an increased assessment base without the City addressing the coordination of redevelopment. It is further found, and certified by the City, in connection to the process required for the adoption of this Redevelopment Plan and Project pursuant to 65 ILCS Section 5/11- 74.4.3(n)(5) of the Act, that this Redevelopment Plan and Project will not result in the displacement of ten (10) or more inhabited residential units. Therefore, this Plan and Project does not include a housing impact study as is required under the Act. The redevelopment activities that will take place within the RPA will produce benefits that are reasonably distributed throughout the RPA. Redevelopment of the RPA is tenable only if a portion of the improvements and other costs are funded by utilizing tax increment financing. Redevelopment Plan and Project- BlufjOtYlQuarry TIF CRy of Elgtn, IL 3 II. REDEVELOPMENT PROJECT AREA LEGAL DESCRIPTION The Redevelopment Project Area legal description is attached in Exhibit 1. Redevelopment Plan and Project- Bluff City/Quarry• TIF City of ElgiM IL 4 III. REDEVELOPMENT PROJECT AREA GOALS AND OBJECTIVES The following goals and objectives are presented for the RPA in accordance with the City's Comprehensive Plan. General Goals to the City 1) To provide for implementation of economic development and redevelopment strategies that benefits the City and its residents. 2) To encourage positive and feasible redevelopment of vacant sites and /or underutilized facilities. 3) To strengthen the property tax base of the City and overlapping taxing districts. 4) To create new jobs and retain existing jobs for City and area residents. 5) To coordinate all redevelopment within the City in a comprehensive manner, avoiding land use conflicts and negative community impacts with redevelopment projects. 6) To create a cooperative partnership between the City and proposed developers, owners and users. 7) To provide public infrastructure improvements within the City to promote redevelopment efforts, where necessary. Specific Obiectives for the RPA 1) To promote the coordinated redevelopment of property in and adjacent to the Route 20 TIF district. 2) To improve existing infrastructure including, but not limited to, stormwater, sewer, water, sidewalks, crosswalks and streetscape. 3) To provide for the necessary reclamation of unused quarries, mines and/or strip mine ponds, environmental remediation, site preparation, grading, and excavation of property located within the RPA as a means to promote more modern land development uses. 4) To increase the City's property tax and sales tax base. 5) To identify economically viable reuse opportunities for existing parcels in the RPA in a manner to promote mixed use development. Redevelopment Plan and Project- Bluff City /Quarry rIF City of Elgin, IL 5 ,9._✓ Redevelopment Objectives The RPA designation will allow the City to: a) Assist in coordinating redevelopment activities within the RPA in order to provide a sustainable economic environment; b) Reduce or eliminate negative factors present within the RPA; C) Accomplish redevelopment over a reasonable time period; d) Provide for high quality redevelopment within the RPA; and e) Provide for an attractive overall appearance of the RPA. The implementation of the Redevelopment Plan and Project will serve to improve the physical appearance of the RPA and contribute to its economic development. The implementation of the RPA will provide new employment opportunities for residents. Redevelopment Plan and Project- Bluff City /Quarry TIF - City of Elgifi, IL 6 Ll f IV. EVIDENCE OF THE LACK OF DEVELOPMENT AND GROWTH WITHIN THE RPA AND ASSESSMENT OF FISCAL IMPACT ON AFFECTED TAXING DISTRICTS A. Evidence of the Lack of Development and Growth Within the Pronosed RPA As found in Exhibit 5 of this Plan, the RPA has not undergone coordinated or sustained redevelopment. The RPA has not benefited from coordinated private investment and/or development. The improved RPA's growth in equalized assessed valuation has lagged behind the City's for three (3) of the last five (5) years in which data is available and vacant property consisting of unused quarries, mines and/or strip mine ponds is underutilized and will require a large scale reclamation effort in order to return properties to productive use. B. Assessment of Fiscal Impact on Affected Taxing Districts It is anticipated that the implementation of this Redevelopment Plan and Project will have a minimal financial impact on most of the affected taxing districts. In fact, the action taken by the City to stabilize and encourage growth of its tax base through the implementation of this Redevelopment Plan and Project will have a positive impact on the affected taxing districts. Any surplus Special Tax Allocation Funds, to the extent any surplus exists and is declared by the City's corporate authorities, will be proportionately shared, based on the appropriate tax rates for a given year, with the various taxing districts, including the City, after all TIE eligible costs either expended or incurred as an obligation by the City have been duly accounted for through administration of the Special Tax Allocation Fund to be established by the City as provided by the Act. Bedevelopmni Plan and Project- Sluff City/Quarry TI£ City of Elgin, IL V. TIF QUALIFICATION FACTORS EXISTING IN THE REDEVELOPMENT PROJECT AREA Findings The RPA was studied to determine its qualifications under the Tax Increment Allocation Redevelopment Act. It was determined that the area as a whole qualifies as a TIF district under the Act. Refer to the TIF Qualification/Designation Report, (Exhibit 5) which is attached as part of this plan. Eligibilitv Survey The RPA was evaluated from early 2009 to the present by representatives of KMA and city staff. Analysis was aided by certain reports obtained from the City and other sources. In KMA's evaluation, only information was recorded which would directly aid in the determination of eligibility for a TIF district. Redevelopment Plan and Project- Bluff Ciry/Quarry TIF City of Elgin, IL 8 t VI. REDEVELOPMENT PROJECT A. Redevelopment Plan and Project Objectives The City proposes to realize its goals and objectives of encouraging the development of the RPA and encouraging private investment through public finance techniques including, but not limited to, Tax Increment Financing: 1) By implementing a plan that provides for the retention and expansion of existing businesses, and the attraction of users to redevelop underutilized land and buildings within the RPA. 2) By constructing public improvements which may include but are not limited to: i. Street and sidewalk improvements (including new street construction and widening of current streets) ii. Utility improvements (including, but not limited to, water, stormwater management, and sanitary sewer projects consisting of construction and rehabilitation) iii. Signalization, traffic control and lighting iv. Off - street parking (if applicable) V. Urban design components vi. Landscaping and beautification 3) By entering into Redevelopment Agreements with developers for qualified redevelopment projects, including (but not limited to) the provision of interest rate subsidy as allowed under the Act. 4) By providing for quarry and mining area reclamation and site preparation, environmental remediation, site assembly, clearance, and demolition, including grading and excavation. 5) By the redevelopment of existing building inventory through rehabilitation and improvement of structures. 6) By exploration and review of job training programs in coordination with any City, federal, state, and county programs. Redevelopment Plan and Projeel- Sluff City/Quarry T1F City of Elgin, !L 9 - B. Redevelopment Activities Pursuant to the foregoing objectives, the City will implement a coordinated program of actions, including, but not limited to, acquisition, site preparation, environmental remediation, demolition, provision of public infrastructure and related public improvements, and rehabilitation of structures, if necessary. Site Preparation, Clearance Reclamation and Demolition Property within the RPA may be acquired and improved through the use of site clearance, excavation, the reclamation of areas involving unused quarries, mines and /or strip mine ponds, or demolition prior to redevelopment. The land may also be graded and cleared prior to redevelopment. Environmental Remediation Property within the RPA may require remediation of various types of contamination, in order to use property for commercial, and industrial redevelopment. Land Assembly and Relocation Certain properties in the RPA may be acquired, assembled and reconfigured into appropriate redevelopment sites. Relocation activities may also be undertaken by the City. Public Improvements The City may, but is not required to provide, public improvements in the RPA to enhance the immediate area and support the Redevelopment Plan and Project. Appropriate public improvements may include, but are not limited to: Improvements and/or construction of public utilities, including extension of water mains, as well as sanitary and storm sewer systems; and Beautification, identification markers, landscaping, lighting, and signage of public right -of -ways. RehabilitationlTaxing District Capital Costs The City may provide for the rehabilitation of certain structures within the RPA in order to provide for the redevelopment of the area and conformance to City code provisions. Improvements may include exterior and facade- related work as well as interior related work. Certain taxing district capital costs may also be funded pursuant to the Act. Interest Rate Write -Down The City may enter into agreements with owners /developers whereby a portion of the interest cost of a construction, reclamation of unused quarries, mines and/or strip mine Redevelopment Ptah and Project- Bluff City /Quarry TIF City of Elgin, A 10 ponds, renovation or rehabilitation project is paid for on an annual basis out of the Special Tax Allocation fund of the RPA, in accordance with the Act. Job Trainin The City may assist facilities and enterprises located within the RPA in obtaining job training assistance. Job training and retraining programs currently available from or through other governments include, but are not limited to: • Federal programs; • State of Illinois programs; • Applicable local vocational educational programs, including community college sponsored programs; • Other federal, state, county or non -profit programs that are currently available or will be developed and initiated over time. C. General Land Use Plan Existing land use in the RPA generally consists of a mix of institutional, residential, unused quarry properties, industrial and commercial uses. Existing land uses are shown in Exhibit 3, attached hereto and made a part of this Plan. Exhibit 4, attached hereto and made a part of this Plan, designates proposed land uses in the RPA that include mixed use, residential, industrial, commercial, and institutional. The proposed land uses will conform to the Comprehensive Plan of the City of Elgin, as may be amended from time to time. D. Additional Desim and Control Standards for Community Development in the City of EI in The appropriate design controls, as set forth in the City's Zoning Ordinance and City's Comprehensive Plan, shall apply to the RPA. E. Estimated Redevelopment Proieet Costs Redevelopment project costs mean and include the sum total of all reasonable or necessary costs incurred or estimated to be incurred, as provided in the Act, and any such costs incidental to this Redevelopment Plan and Project. Private investments, which supplement "Redevelopment Project Costs ", are expected to substantially exceed such redevelopment project costs. Eligible costs permitted under the Act which may be pertinent to this Redevelopment Plan and Project include: Redevelopment Plan and Projed- Bluff City/Quarry TIF City of Elgin, IL I 1 V 1. Costs of studies and surveys, development of plans and specifications, implementation and administration of the redevelopment plan including, but not limited to, staff and professional service costs for architectural, engineering, legal, marketing, financial, planning, other special services, provided, however, that no charges for professional services may be based on a percentage of the tax increment collected; no contracts for professional services, excluding architectural and engineering services, may be entered into if the terms of the contract extend beyond a period of three (3) years. In addition, "redevelopment project costs" shall not include lobbying expenses; 1.1 Annual administrative costs shall not include general overhead or administrative costs of the municipality that would still have been incurred by the municipality if the municipality had not designated a redevelopment project area or approved a redevelopment plan; 1.2 The cost of marketing sites within the redevelopment project area to prospective businesses, developers, and investors; 2. Property assembly costs, including, but not limited to, acquisition of land and other property, real or personal, or rights or interest therein, demolition of buildings, site preparation (including, without limitation, reclamation of unused quarries, mines and /or strip mine ponds), site improvements that serve as an engineered barrier addressing ground level or below ground environmental contamination, including, but not limited to, parking lots and other concrete or asphalt barriers, and the clearing and grading of land; 3. Costs of rehabilitation, reconstruction or repair or remodeling of existing public or private buildings, fixtures and leasehold improvements; and the costs of replacing an existing public building if pursuant to the implementation of a redevelopment project the existing public building is to be demolished to use the site for private investment or devoted to a different use requiring private investment; 4. Costs of the construction of public works or improvements, except that redevelopment project costs shall not include the cost of constructing a new municipal public building principally used to provide offices, storage space, or conference facilities or vehicle storage, maintenance, or repair for administrative, public safety, or public works personnel and that is not intended to replace an existing public building as provided under paragraph (3) of subsection (q) of Section 11- 74.4 -3 unless either (i) the construction of the new municipal building implements a redevelopment project that was included in a redevelopment plan that was adopted by the municipality prior to the effective date of this amendatory Act of the 91" General Assembly or (ii) the municipality makes a reasonable determination in the redevelopment plan, supported by information that provided that basis for that determination, that the new municipal building is required to meet an increase in the need for public safety purposes anticipated to result from the implementation of the redevelopment plan; Redevelopment Plan and Project- Bluff City/Quarry TIF City of Elgin, A 12 3 () 5. Costs of job training and retraining projects including the costs of `welfare to work" programs implemented by businesses located within the redevelopment project area; 6. Financing costs, including but not limited to all necessary and incidental expenses related to the issuance of obligations and which may include payment of interest on any obligations issued pursuant to the Act accruing during the estimated period of construction of any redevelopment project for which such obligations are issued and for not exceeding 36 months thereafter and including reasonable reserves related thereto; To the extent the municipality by written agreement accepts and approves the same, all or a portion of a taxing district's capital costs resulting from the redevelopment project necessarily incurred or to be incurred within a taxing district in furtherance of the objectives of the redevelopment plan and project; 8. Relocation costs to the extent that the City determines that relocation costs shall be paid or is required to make payment of relocation costs by federal or state law; 9. Costs of job training, advanced vocational education or career education, including but not limited to courses in occupational, semi - technical or technical fields leading directly to employment, incurred by one or more taxing districts, provided that such costs (i) are related to the establishment and maintenance of additional job training, advanced vocational education or career education programs for persons employed or to be employed by employers located in the Redevelopment Project Area; and (ii) when incurred by a taxing district or taxing districts other than the City, are set forth in a written agreement by or among the City and the taxing district or taxing districts, which agreement describes the program to be undertaken, including but not limited to the number of employees to be trained, a description of the training and services to be provided, the number and type of positions available or to be available, itemized costs of the program and sources of funds to pay for the same, and the term of agreement. Such costs include, specifically, the payment by community college districts of costs pursuant to Section 3 -37, 3 -38, 3 -40 and 3-40.1 of the Public Community College Act and by school districts of costs pursuant to Section 10- 22.20a and 10 -23.3a of the School Code. 10. Interest costs incurred by a redeveloper related to the construction, renovation or rehabilitation of a redevelopment project provided that: a) such costs are to be paid directly from the Special Tax Allocation Fund established pursuant to the Act; b) such payments in any one -year may not exceed 30% of the annual interest costs incurred by the developer with regard to the redevelopment project during that year; Redevelopment Plan and Project- Bluff QylQuarry T/F City of Elgin, tG C) if there are not sufficient funds available in the Special Tax Allocation Fund to make the payment pursuant to this paragraph (11) then the amounts so due shall accrue and be payable when sufficient funds are available in the Special Tax Allocation Fund; and d) the total of such interest payments paid pursuant to the Act may not exceed 30% of the (i) cost paid or incurred by the redeveloper for the redevelopment project plus (ii) redevelopment project costs excluding any property assembly costs and any relocation costs incurred by a municipality pursuant to the Act. 1 1. Unless explicitly stated herein the costs of construction of new privately owned buildings shall not be an eligible redevelopment project cost. 12. None of the redevelopment project costs enumerated in this subsection shall be eligible redevelopment project costs if those costs would provide direct financial support to a retail entity initiating operations in the redevelopment project area while terminating operations at another Illinois location within 10 miles of the redevelopment project area but outside the boundaries of the redevelopment project area municipality. For purposes of this paragraph, termination means a closing of a retail operation that is directly related to the opening of the same operation or like retail entity owned or operated by more than 50% of the original ownership in a redevelopment project area, but it does not mean closing an operation for reasons beyond the control of the retail entity, as documented by the retail entity, subject to a reasonable finding by the municipality that the current location contained inadequate space, has become economically obsolete, or was no longer a viable location for the retailer or serviceman. 13. School tuition costs or library district costs as provided for by the TIF Act. Estimated costs are shown in the next section. Adjustments to these cost items may be made without amendment to the Redevelopment Plan, as allowed by the TIF Act. Redevelopment Plan and Project- Bluff City/Quarry TIF Cny of Elgin, IL 14 3-2- CITY OF ELGIN BLUFF CITY /QUARRY REDEVELOPMENT PROJECT ESTIMATED PROJECT COSTS Program Actions/Improvements Estimated Costs (A) 1. Land Acquisition and Assembly Costs, including Relocation $10,0001000 2. Demolition, Site Preparation (including, without limitation, reclamation of unused quarries, mines and /or strip mine ponds), Environmental Cleanup and Related Costs $30,000,000 3. Public Improvements including, but not limited to, water, storm, and sanitary sewer service, parking facilities, and road /traffic related improvements $30,000,000 4. Rehabilitation/Taxing District Capital Costs $6,000,000 5. Interest Costs Pursuant to the Act $2,000,000 6. Planning, Legal, Engineering, Administrative and Other Professional Service Costs $6,000,000 7. ,lob Training $500,000 8. Estimated School Tuition Costs and Library District Costs Pursuant to the Act $500,00 TOTAL ESTIMATED $85,000,000 (A) All project cost estimates are in year 2010 dollars. In addition to the above stated costs, any bonds issued to finance a phase of the Project may include an amount sufficient to pay customary and reasonable charges associated with the issuance of such obligations as well as to provide for capitalized interest and reasonably required reserves. Adjustments to the estimated line item costs above are expected. Each individual project cost will be reevaluated in light of the projected private development and resulting tax revenues as it is considered for public financing under the provisions of the Act. The line item amounts set forth above are not intended to place not to exceed limit on the described expenditures as the specific items listed above are not intended to preclude payment of other eligible redevelopment project costs in connection with the redevelopment of the RPA, provided the amount of total payments for eligible Redevelopment Project Costs shall not exceed the combined overall budget amount outlined above. Adjustments may be made in line items within the total, either increasing or decreasing line item costs for redevelopment. Redevelopment Plan and Project- Bluff City/Quarry TIF City of Elgin, !L 15 30 F, Funds necessary to pay for public improvements and other project costs eligible under the Act are to be derived principally from property tax increment revenues, proceeds from municipal obligations to be retired primarily with tax increment revenues, and interest earned on resources available but not immediately needed for the Redevelopment Plan and Project. "Redevelopment Project Costs" specifically contemplate those eligible costs set forth in the Act and do not contemplate the preponderance of the costs to redevelop the RPA. The majority of development costs will be privately financed, and TIF or other public sources are to be used, subject to approval by the City, only to leverage and commit private redevelopment activity. The tax increment revenues which will be used to pay debt service on the municipal obligations, if any, and to directly pay redevelopment project costs shall be the incremental increase in property taxes attributable to the increase in the equalized assessed value of each taxable lot, block, tract or parcel of real property in the RPA over and above the initial equalized assessed value of each such lot, block, tract or parcel in the RPA in the 2009 tax year. Among the other sources of funds which may be used to pay for redevelopment project costs and debt service on municipal obligations issued to finance project costs are the following: certain local sales or utility taxes, special service area taxes, the proceeds of property sales, certain land lease payments, certain Motor Fuel Tax revenues, certain state and federal grants or loans, certain investment income, and such other sources of funds and revenues as the City may from time to time deem appropriate. TIF revenues from contiguous TIF districts may be utilized within the RPA as provided for by the Act and TIF revenues from the Bluff City /Quarry TIF Area may be utilized in contiguous TIF districts. The Redevelopment Project Area would not reasonably be expected to be developed in a coordinated manner without the use of the incremental revenues provided by the Act. G. Nature and Term of Obligations to be Issued The City may issue obligations secured by the tax increment Special Tax Allocation Fund established for the Redevelopment Project Area pursuant to the Act or such other funds as are available to the City by virtue of its power pursuant to the Illinois State Constitution. Redevelopment Plan and Project- Bluff 001!Quarry TIF City of Elgin, IL 16 Any and/or all obligations issued by the City pursuant to this Redevelopment Plan and Project and the Act shall be retired not more than twenty -three (23) years from the date of adoption of the ordinance approving the Redevelopment Project Area. However, the final maturity date of any obligations issued pursuant to the Act may not be later than twenty (20) years from their respective date of issuance. One or more series of obligations may be issued from time to time in order to implement this Redevelopment Plan and Project. The total principal and interest payable in any year on all obligations shall not exceed the amount available in that year or projected to be available in that year, may be payable from tax increment revenues and from bond sinking funds, capitalized interest, debt service reserve funds, and all other sources of funds as may be provided by ordinance. Those revenues not required for principal and interest payments, for required reserves, for bond sinking funds, for redevelopment project costs, for early retirement of outstanding securities, and to facilitate the economical issuance of additional bonds necessary to accomplish the Redevelopment Plan, may be declared surplus and shall then become available for distribution annually to taxing districts overlapping the RPA in the manner provided by the Act. Such securities may be issued on either a taxable or tax- exempt basis, as general obligation or revenue bonds, with either fixed rate or floating interest rates; with or without capitalized interest; with or without deferred principal retirement; with or without interest rate limits except as limited by law; and with or without redemption provisions, and on such other terms, all as the City may determine. H. Most Recent Equalized Assessed Valuation (EAV) of Properties in the Redevelopment Project Area The 2009 equalized assessed valuation (EAV) for properties located in the RPA is approximately $10,804,216. The Boundary Map, Exhibit 2, shows the location of the RPA. The actual base EAV may be reduced by the impacts of several tax year 2010 parcel divisions affecting primarily vacant property (such divisions are currently estimated to reduce the base EAV by approximately $250,000 to $500,000). I. Anticipated Equalized Assessed Valuation (EAV) Upon completion of the anticipated private development of the Redevelopment Project Area over a twenty -three (23) year period, it is estimated that the equalized assessed valuation (EAV) of the property within the Redevelopment Project Area will be approximately $757000,000 to $80,0001000. Redevelopment Plan and Project- Bluff City/Quarry TfF Ciry of Elgin, IL 17 r VII. DESCRIPTION AND SCHEDULING OF REDEVELOPMENT PROJECT A. Redevelopment Project An implementation strategy will be employed with full consideration given to the availability of both public and private funding. It is anticipated that a phased redevelopment will be undertaken. The Redevelopment Project will begin as soon as the private entities have obtained financing approvals for appropriate projects and such uses are conformant with City zoning and planning requirements. Depending upon the scope of the development as well as the actual uses, the following activities may be included as part of each project: Land Assembly and Relocation: Certain properties in the RPA may be acquired and assembled into an appropriate redevelopment site. Relocation activities may also be undertaken pursuant to the requirements of the Act and City policies. Demolition and Site Preparation Existing improvements may have to be reconfigured or prepared to accommodate new uses or expansion plans. Demolition may be necessary for future projects. Additionally, the redevelopment plan contemplates site preparation, or other requirements necessary to prepare the RPA for desired redevelopment projects, including, without limitation, the reclamation of unused quarries, mines and/or strip mine ponds. Landscaping/Urban Design Components /Streetscaping: The City may fund certain landscaping and design projects, which serve to beautify public properties or rights -of- way and provide buffering between land uses. Environmental Remediation: Property within the RPA may require remediation of various types of contamination, in order to re -use property for commercial, mixed -use, and residential redevelopment. Water Sanitary Sewer Storm Sewer and Other Utility Improvements: Certain utilities may be extended or re- routed to serve or accommodate the new development. Upgrading of existing utilities may be undertaken. The provision of necessary detention or retention ponds may also be required of private developers or undertaken by the City. Roadway/Street/Parking Improvements: Widening of existing road improvements and/or vacation of roads may be undertaken by the City. Certain secondary streets/roads may be extended or constructed. Related curb, gutter, and paving improvements could also be constructed as needed. Parking facilities may be constructed that would be available to the general public. Utility services may also be provided or relocated in order to accommodate the redevelopment, renovation or expansion of property. Traffic Control /Sienalization: Traffic control or signalization improvements that improve access to the RPA and enhance its redevelopment may be constructed. Redevelopment Plan and Project- BlaffOtylQuarry TIF City of Elgin, IL 18 Public Safety Related Infrastructure• Certain public safety improvements including, but not limited to, public signage, public facilities, and streetlights may be constructed or implemented. Rehabilitation/Taxing District Capital Costs: The City may fund certain rehabilitation costs or certain taxing district capital improvements as provided for trader the Act. Interest Costs Coverage: The City may fund certain interest costs incurred by a developer for construction, renovation or rehabilitation of a redevelopment project. Such funding would be paid for out of annual tax increment revenue generated from the RPA as allowed under the Act. Professional Services: The City may fund necessary planning, legal, engineering, administrative and financing costs during project implementation. The City may reimburse itself from annual tax increment revenue if available. School Tuition and Library District Payments: The City may fund such payments pursuant to the Act. B. Commitment to Fair Empllovment Practices and Affirmative Action As part of any Redevelopment Agreement entered into by the City and any private developers, both will agree to establish and implement an honorable, progressive, and goal - oriented affirmative action program that serves appropriate sectors of the City. The program will conform to the most recent City policies and plans. With respect to the public /private development's internal operations, both entities will pursue employment practices, which provide equal opportunity to all people regardless of sex, color, race, sexual orientation, or creed. Neither party will discriminate against any employee or applicant because of sex, marital status, national origin, sexual orientation, age, or the presence of physical handicaps. These nondiscriminatory practices will apply to all areas of employment, including: hiring, upgrading and promotions, terminations, compensation, benefit programs and education opportunities. All those involved with employment activities will be responsible for conformance to this policy and the compliance requirements of applicable state and federal regulations. The City and private developers will adopt a policy of equal employment opportunity and will include or require the inclusion of this statement in all contracts and subcontracts at any level. Additionally, any public /private entities will seek to ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which all employees are assigned to work. It shall be specifically ensured that all on -site supervisory personnel are aware of and carry out the obligation to maintain such a working environment, with specific attention to minority and/or female individuals. Redevelopment Plan and Project- Bluff City/Quarry T/F City of Elgin, /L 19 Finally, the entities will utilize affirmative action to ensure that business opportunities are provided and that job applicants are employed and treated in a nondiscriminatory manner. Underlying this policy is the recognition by the entities that successful affirmative action programs are important to the continued growth and vitality of the community. C. Completion of Redevelopment Project and Retirement of Obligations to Finance Redevelopment costs This Redevelopment Project and retirement of all obligations to finance redevelopment costs will be completed within twenty -three (23) calendar years after the adoption of an ordinance designating the Redevelopment Project Area. The actual date for such completion and retirement of obligations shall not be later than December 31 of the year in which the payment to the municipal treasurer pursuant to the Act is to be made with respect to ad valorem taxes levied in the twenty -third calendar year after which the ordinance approving the RPA is adopted. Redevelopment Plan and Projeel- Bluff City/Quarry TIF City of Elgin, IL 24 J 'yGC VIII. PROVISIONS FOR AMENDING THE TAX INCREMENT REDEVELOPMENT PLAN AND PROJECT This Redevelopment Plan and Project may be amended pursuant to the provisions of the Act. Redevelopment Plan and Project- Bluff City/Quarry TIF City of Elgin, IL 21 7 I rMIMUM LEGAL DESCRIPTION t BLUFF CITY TIF DISTRICT- LEGAL DESCRIPTION: THAT PART OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KANE COUNTY, ILLINOIS AND THAT PART OF SECTIONS 19, 2Q 29 AND 30, TOWNSHIP 0 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 16 IN BLOCK 4 I WINZLER ADDITION TO ELGIN, ILLINOIS, BEING A SUBDIVISION OF PART OF SECTION 24 AFORESAID; THENCE NORTHERLY ALONG THE NORTHERLY EXTENSION OF THE EASTERLY LINE OF SAID LOT 161N BLOCK 4 TO THE SOUTH LINE OF BLOCK I IN WILLIAM REDEKER'S THIRD ADDITION TO ELGIN, ILLINOIS; THENCE WESTERLY ALONG SAID SOUTH LINE OF BLOCK 1 TO THE WEST LINE OF PARCEL ONE AS DESCRIBED IN WARRANTY DEED DOCUMENT NO. 95KO06877 AS RECORDED IN THE RECORDERS OFFICE OF KANE COUNTY, ILLINOIS; THENCE NORTH ALONG SAID WEST LINE OF PARCEL ONE AS DESCRIBED IN WARRANTY DEED DOCUMENT NO. 95KO06877 TO THE NORTHWEST CORNER OF SAID PARCEL ONE AND ALSO BEING THE SOUTH LINE OF LOT 5 IN SAID BLOCK I IN WILLIAM REDEKEWS THIRD ADDITION TO ELGIN, ILLINOIS; THENCE EAST ALONG SAID SOUTH LINE OF LOT 5 TO THE SOUTHEAST CORNER OF SAID LOT 5; THENCE NORTH ALONG THE EAST LINE OF SAID LOT 5 AND THE EAST LINE OF LOT 4 IN SAID BLOCK 1 IN WILLIAM REDEKER'S THIRD ADDITION TO ELGIN, ILLINOIS TO THE NORTHEAST CORNER OF SAID LOT 4 IN BLOCK 1; THENCE NORTHERLY TO THE SOUTHEAST CORNER OF THE PROPERTY DESCRIBED IN DOCUMENT NO. 99KO79899 AND ALSO BEING THE NORTHERLY LINE OF ROUTE 20 BY -PASS; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF ROUTE 20 BY -PASS IN KANE AND COOK COUNTIES, ILLINOIS TO WEST LINE AS DESCRIBED IN TRUSTEE'S DEED DOCUMENT NO. 94467557 AS RECORDED IN THE RECORDERS OFFICE OF COOK COUNTY, ILLINOIS; THENCE NORTHERLY ALONG SAID WEST LINE AS DESCRIBED IN TRUSTEE'S DEED DOCUMENT NO. 94467557, SAID LINE ALSO BEING PARALLEL WITH THE COUNTY LINE BETWEEN KANE AND COOK COUNTIES TO THE NORTHWEST CORNER AS DESCRIBED IN SAID TRUSTEE'S DEED DOCUMENT NO. 94467557 AND ALSO BEING THE SOUTH LINE OF HASTINGS STREET; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID HASTINGS STREET, A DISTANCE OF 234.5 FEET; THENCE SOUTH PARALLEL WITH SAID COUNTY LINE, A DISTANCE OF 374.0 FEET, MORE OR LESS TO THE LINE OF WILLIAM REDEKER'S LANDS; THENCE SOUTHWESTERLY ALONG SAID LINE OF WILLIAM REDEKER'S LANDS AND ALSO BEING THE SOUTHEASTERLY LINE AS DESCRIBED IN TRUSTEE'S DEED DOCUMENT NO. 94467557 TO SAID NORTHERLY LINE OF ROUTE 20 BY -PASS; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF ROUTE 20 BY -PASS TO THE SOUTHEASTERLY LINE OF WRIGHT AVENUE; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE OF WRIGHT AVENUE TO THE SOUTHWEST CORNER OF LOT I IN LEO GRAPS RESUBDIVISION OF PART OF LOT 1 IN BLOCK 2 OF ELGIN HEIGHTS ADDITION IN SAID SECTION 19; THENCE SOUTHEASTERLY ALONG THE SOUTHWEST LINE OF SAID LOT I IN LEO GRAPS RESUBDIVISION TO SAID NORTHERLY LINE OF ROUTE 20 BY- PASS; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF ROUTE 20 BY -PASS TO THE SOUTHEASTERLY LINE OF SAID LOT I IN LEO GRAPS RESUBDIVISION; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF LOTS i, 2 AND 3 IN SAID LEO GRAPS RESUBDIVISION TO THE SOUTHWEST CORNER OF LOT 5 IN SAID LEO GRAPS RESUBDIVISION; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT 5 IN LEO GRAPS RESUBDIVISION TO THE NORTHWESTERLY LINE OF DICKIE AVENUE; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE OF DICKIE AVENUE TO SAID NORTHERLY LINE OF ROUTE 20 BY -PASS; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF ROUTE 20 BY -PASS TO THE EAST LINE OF LOT 21 IN BLOCK 2 IN LUDLOW AND STELFORD'S ADDITION TO ELGIN IN THE SOUTHEAST QUARTER OF SAID SECTION 19; THENCE NORTHERLY ALONG SAID EAST LINE OF LOT 21 IN BLOCK 2 IN LUDLOW AND STELFORD'S ADDITION TO ELGIN TO THE NORTHEAST CORNER OF SAID LOT 21 IN BLOCK 2; THENCE EASTERLY ALONG THE NORTH LINE OF LOTS 22 THROUGH 35, INCLUSIVE, IN SAID BLOCK 2 IN LUDLOW AND STELFORD'S ADDITION TO ELGIN TO THE EAST LINE OF THE WEST 38.2 FEET OF LOT 5 IN SAID BLOCK 2 IN LUDLOW AND STELFORD'S ADDITION TO ELGIN; THENCE NORTHERLY ALONG SAID EAST LINE OF THE WEST 38.2 FEET OF LOT 5 IN BLOCK 2 TO THE SOUTH LINE OF LUDLOW AVENUE; THENCE EASTERLY ALONG SAID SOUTH LINE OF LUDLOW AVENUE TO THE CENTERLINE OF OLD ROAD (U.S. ROUTE 20); THENCE Exhibit 1 SOUTHEASTERLY ALONG SAID CENTERLINE OF OLD ROAD (U.S. ROUTE 20) TO THE WEST LINE OF PARCEL DEPICTED AND DESCRIBED ON PLAT OF DEDICATION OF PUBLIC HIGHWAY ON PLAT NO. 172 FOR TRACT 172 PER CONDEMNATION NO. 61 S 462; THENCE SOUTHWESTERLY ALONG SAID WEST LINE OF PARCEL DEPICTED AND DESCRIBED ON PLAT OF DEDICATION OF PUBLIC HIGHWAY ON PLAT NO. 172 FOR TRACT 172 PER CONDEMNATION N0, 61 S 462 TO THE SOUTHWEST CORNER OF SAID PARCEL DEPICTED AND DESCRIBED ON PLAT OF DEDICATION OF PUBLIC HIGHWAY ON PLAT NO, 172 FOR TRACT 172 PER CONDEMNATION NO. 61 S 462; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL DEPICTED AND DESCRIBED ON PLAT OF DEDICATION OF PUBLIC HIGHWAY ON PLAT NO. 172 FOR TRACT 172 PER CONDEMNATION NO. 61 S 462 TO THE SOUTHEAST CORNER OF SAID PARCEL DEPICTED AND DESCRIBED ON PLAT OF DEDICATION OF PUBLIC HIGHWAY ON PLAT N0, 172 FOR TRACT 172 PER CONDEMNATION NO. 61 S 462 AND ALSO BEING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 19; THENCE NORTH ALONG SAID EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 19 TO THE SOUTH LINE OF SAID U.S. ROUTE 20; THENCE EASTERLY ALONG SAID SOUTH LINE OF U.S. ROUTE 20 TO THE WESTERLY LINE OF PARCEL DEPICTED AND DESCRIBED ON PLAT OF DEDICATION OF PUBLIC HIGHWAY ON PLAT NO. 177 IN BOOK 576 OF PLATS PAGE I AS DOCUMENT NO. 17993034; THENCE SOUTHWESTERLY ON SAID WESTERLY LINE OF PARCEL DEPICTED AND DESCRIBED ON PLAT OF DEDICATION OF PUBLIC HIGHWAY ON PLAT NO. 177 IN BOOK 576 OF PLATS PAGE I TO THE SOUTHERLY LINE OF BLUFF CITY BOULEVARD (FRONTAGE ROAD); THENCE EASTERLY ON SAID SOUTHERLY LINE OF BLUFF CITY BOULEVARD (FRONTAGE ROAD) TO THE EASTERLY LINE OF COMMONWEALTH EDISON COMPANY PROPERTY, SAID LINE BEING 40.0 FEET EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE EASTERLY LINE IN DOCUMENTS 9899344 AND 9929391; THENCE SOUTHERLY ALONG SAID PARALLEL LINE TO SAID SOUTHERLY LINE OF BLUFF CITY BOULEVARD (FRONTAGE ROAD); THENCE EASTERLY ALONG SAID SOUTHERLY LINE OF BLUFF CITY BOULEVARD (FRONTAGE ROAD) TO A LINE 300.00 FEET EAST OF AND PARALLEL WITH SAID EASTERLY LINE OF COMMONWEALTH EDISON COMPANY PROPERTY AND ALSO BEING THE WESTERLY LINE AS DESCRIBED IN WARRANTY DEED DOCUMENT NO. 0335627185 AS RECORDED IN THE RECORDERS OFFICE OF COOK COUNTY, ILLINOIS; THENCE SOUTHERLY ALONG SAID WESTERLY LINE AS DESCRIBED IN WARRANTY DEED DOCUMENT NO. 0335627185 TO THE SOUTH LINE. OF THE SOUTHWEST QUARTER OF SAID SECTION 20; THENCE CONTINUING SOUTHERLY ALONG SAID WESTERLY LINE AS DESCRIBED IN WARRANTY DEED DOCUMENT NO. 0335627185 TO AN ANGLE POINT IN SAID WESTERLY LINE AS DESCRIBED IN WARRANTY DEED DOCUMENT NO, 0335627185; THENCE EASTERLY TO AN ANGLE POINT IN SAID WESTERLY LINE, AS DESCRIBED IN WARRANTY DEED DOCUMENT NO. 0335627185; THENCE SOUTHERLY ALONG SAID WESTERLY LINE AS DESCRIBED IN WARRANTY DEED DOCUMENT NO. 0335627185 TO THE SOUTHWEST CORNER AS DESCRIBED IN WARRANTY DEED DOCUMENT NO. 0335627185; THENCE EASTERLY ALONG SAID SOUTHERLY LINE AS DESCRIBED IN WARRANTY DEED DOCUMENT NO. 0335627185 TO THE WESTERLY LINE OF THE ELGIN, JOLIET AND EASTERN RAILWAY COMPANY; THENCE SOUTHERLY ALONG SAID WESTERLY LINE OF THE ELGIN, JOLIET AND EASTERN RAILWAY COMPANY TO A POINT 58023 FEET NORTHERLY OF THE NORTH RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD AS MEASURED ALONG SAID WESTERLY LINE OF THE ELGIN, JOLIET AND EASTERN RAILWAY COMPANY; THENCE WESTERLY ALONG A LINE PARALLE TO SAID SOUTHERLY LINE AS DESCRIBED IN WARRANTY DEED DOCUMENT NO. 0335627185 TO SAID LINE BEING 40.0 FEET EASTERLY OF AND PARALLEL TO THE EASTERLY RIGHT OF WAY LINE OF THE COM ED RIGHT OF WAY AS DESCRIBED IN DOCUMENT NO. 18983320; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE OF THE COM ED RIGHT OF WAY AS DESCRIBED IN DOCUMENT NO, 18983320 TO SAID NORTH RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD; THENCE WESTERLY ALONG SAID NORTH RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 30; THENCE SOUTHERLY ALONG SAID EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 30 TO THE NORTHEAST QUARTER OF LOT I IN GRABER SUBDIVISION, BEING A SUBDIVISION OF PART OF THE EAST HALF OF SAID SOUTHEAST QUARTER OF SECTION 30; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT I IN GRABER SUBDIVISION AND THE SOUTHERLY EXTENSION THEREOF TO THE SOUTH LINE OF SPAULDING ROAD; THENCE WEST ALONG SAID SOUTH LINE OF SPAULDING ROAD TO THE WEST LINE OF GIFFORD ROAD; THENCE NORTH ALONG SAID WEST LINE OF GIFFORD ROAD TO THE WESTERLY EXTENSION OF THE NORTH LINE OF OUTLOT A IN SAID GRABER SUBDIVISION; THENCE EAST ALONG SAID NORTH LINE OF OUTLOT A AND THE WESTERLY EXTENSION THEREOF AND NORTH LINE OF SAID LOT I TO AN ANGLE POINT IN SAID LOT I; THENCE NORTH ALONG A WESTERLY LINE OF SAID LOT I TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE WEST ALONG THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT I TO THE WEST LINE OF SAID GIFFORD ROAD; THENCE NORTH ALONG SAID WEST LINE OF SAID GIFFORD ROAD TO THE SOUTH LINE OF BLUFF CITY BOULEVARD; THENCE WEST ALONG THE SOUTH LINE OF BLUFF CITY BOULEVARD TO THE POINT OF BEGINNING; EXCEPT THAT PART OF THE NORTHEAST QUARTER OF SAID SECTION 30, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORT14 RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD AND THE WEST LINE OF THE COMMONWEALTH EDISON RIGHT OF WAY, PER DOCUMENT NUMBER 9899344 AND 9929391; THENCE NORTH 62 DEGREES 45 MINUTES 34 SECONDS WEST, ALONG SAID NORTHERLY RIGHT OF WAY OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD, A DISTANCE OF 2069.93 FEET, TO THE CENTER LINE OF GIFFORD ROAD; THENCE NORTH 00 DEGREES 45 MINUTES 57 SECONDS EAST, ALONG SAID CENTER LINE OF GIFFORD ROAD, A DISTANCE OF 382.02 FEET; THENCE SOUTH 89 DEGREES 14 MINUTES 03 SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED COURSE, A DISTANCE OF 33.00 FEET, TO THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 45 MINUTES 57 SECONDS EAST, A DISTANCE OF 588,60 FEET ALONG THE APPARENT EAST RIGHT OF WAY LINE OF GIFFORD ROAD; THENCE SOUTH 89 DEGREES 14 MINUTES 03 SECONDS EAST, A DISTANCE OF 712.48 FEET TO A LINE 66.00 FEET WEST OF AND PARALLEL TO THE WEST LINE OF PROPERTY CONVEYED TO WASTE MANAGEMENT OF ILLINOIS, INC. BY DEED DOCUMENT 0600443210 RECORDED JANUARY 4, 2006; THENCE SOUTH 0 DEGREES 45 MINUTES 57 SECONDS WEST, A DISTANCE OF 728.88 FEET ALONG SAID PARALLEL LINE; THENCE NORTH 87 DEGREES 20 MINUTES 16 SECONDS WEST, A DISTANCE OF 36.57 FEET; THENCE NORTH 49 DEGREES 39 MINUTES 46 SECONDS WEST, A DISTANCE OF 114.26 FEET; THENCE NORTH 84 DEGREES 31 MINUTES 54 SECONDS WEST, A DISTANCE OF 570.85 FEET; THENCE NORTH 43 DEGREES 24 MINUTES 12 SECONDS WEST, A DISTANCE OF 27.17 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. ALSO EXCEPT THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29 AND THE FAST HALF OF THE NORTHEAST QUARTER OF SECTION 30, ALL IN TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD AND THE WEST LINE OF THE COM ED RIGHT OF WAY PER DOCUMENT NUMBER 9899344 AND 9929391; THENCE NORTH 00 DEGREES 10 MINUTES 09 SECONDS EAST, A DISTANCE OF 453.90 FEET ALONG SAID WESTERLY RIGHT OF WAY LINE; THENCE NORTH 08 DEGREES 23 MINUTES 10 SECONDS EAST, A DISTANCE OF 668.11 FEET CONTINUING ALONG SAID WESTERLY RIGHT OF WAY LINE; THENCE NORTH 81 DEGREES 36 MINUTES 50 SECONDS WEST, A DISTANCE OF 70.00 FEET ALONG A LINE PERPENDICULAR TO SAID WESTERLY RIGHT OF WAY TO THE POINT OF BEGINNING; THENCE NORTH 87 DEGREES 20 MINUTES 16 SECONDS WEST, A DISTANCE OF 1056.44 FEET; THENCE NORTH 00 DEGREES 45 MINUTES 57 SECONDS FAST, A DISTANCE OF 596.39 FEET, ALONG A LINE PARALLEL TO THE CENTERLINE OF GIFFORD ROAD; THENCE SOUTH 87 DEGREES 20 MINUTES 16 SECONDS EAST, A DISTANCE OF 1135.93 FEET TO A POINT 70.00 FEET WESTERLY OF SAID WESTERLY RIGHT OF WAY AS MEASURED PERPDICULAR TO SAID WESTERLY RIGHT OF WAY; THENCE SOUTH 08 DEGREES 23 MINUTES 10 SECONDS WEST, A DISTANCE OF 599.05 FEET ALONG A LINE PARALLEL TO SAID WESTERLY RIGHT OF WAY LINE TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. ALSO EXCEPT THAT PART OF SECTIONS 19, 20, 29 AND 30, ALL IN TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD WITH THE WEST RIGHT OF WAY LINE OF THE COMMONWEALTH EDISON RIGHT OF WAY; THENCE NORTH 00 DEGREES 10 MINUTES 09 SECONDS EAST, 453.90 FEET ALONG SAID WEST RIGHT OF WAY LINE OF THE COMMONWEALTH EDISON RIGHT OF WAY; THENCE NORTH 08 DEGREES 23 MINUTES 10 SECONDS EAST, 2515.42 FEET ALONG SAID WEST RIGHT OF WAY LINE OF THE COMMONWEALTH EDISON RIGHT OF WAY; THENCE NORTH 05 DEGREES 57 MINUTES 54 SECONDS EAST, 728.86 FEET ALONG SAID WEST RIGHT OF WAY LINE OF THE COMMONWEALTH EDISON RIGHT OF WAY TO 1'HE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20; THENCE SOUTH 88 DEGREES 39 MINUTES 39 SECONDS WEST (SOUTH 88 DEGREES 20 MINUTES 45 SECONDS WEST RECORD), 171.80 FEET ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 20 TO THE POINT OF BEGINNING; THENCE SOUTH 02 DEGREES 55 MINUTES 35 SECONDS WEST, A DISTANCE OF 653.56 FEET; THENCE NORTH 89 DEGREES 26 MINUTES 23 SECONDS WEST, A DISTANCE OF 1701.44 FEET TO A LINE 350.00 FEET EAST OF AND PARALLEL WITH THE CENTERLINE OF GIFFORD ROAD; THENCE NORTH 00 DEGREES 45 MINUTES 57 SECONDS EAST, A DISTANCE OF 573.16 FEET ALONG SAID PARALLEL LINE; THENCE NORTH 00 DEGREES 41 MINUTES 05 SECONDS EAST A DISTANCE OF 948.06 FEET ALONG SAID PARALLEL LINE; THENCE SOUTH 88 DEGREES 21 MINUTES 58 SECONDS EAST, A DISTANCE OF 440.67 FEET; THENCE SOUTH 86 DEGREES 21 MINUTES 08 SECONDS EAST, A DISTANCE OF 658.78 FEET; THENCE SOUTH 03 DEGREES 00 MINUTES 55 SECONDS WEST, A DISTANCE OF 292.37 FEET; THENCE SOUTH 08 DEGREES 23 MINUTES 45 SECONDS WEST, A DISTANCE OF 225.52 FEET; THENCE SOUTH 81 DEGREES 03 MINUTES 58 SECONDS FAST, A DISTANCE OF 397.77 FEET; THENCE SOUTH 47 DEGREES 06 MINUTES 51 SECONDS EAST, A DISTANCE OF 372.81 FEET, TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. Wl936\Survey \Text \BIufTCity TIP District legal description.docx L�'A EXHIBIT 2 BOUNDARY MAP l EXHIBIT 3 EXISTING LAND USE MAP H Exhibit 3 `( EXHIBIT 4 PROPOSED LAND USE MAP c q 2010 LEGEND [ . l SINGLE FAMILY DETACHED [- OPEN SPACE E MULTIPLE FAMILY- 2 -5 UNITS = VACANT LAND CORRIDOR RETAIL C3 BLUFF CITY TIF DISTRICT BOUNDARY CORRIDOR SERVICE LIGHT INDUSTRIAL j:: nvi OFFICE, RESEARCH, INDUSTRIAL iDDO 0 1000 Feet Exhibit 4 a}o EXHIBIT 5 TIF QUALIFICATION REPORT CITY OF ELGIN TIF QUALIFICATION REPORT BLUFF CITY /QUARRY TIF DISTRICT A study to determine whether certain properties within the City of Elgin generally located in the vicinity of Spaulding Road, Bluff City Boulevard, Gifford Road and the railroad right of way to the east, then generally extending west along the north side of Bluff City Boulevard to St. Charles Street, qualifies in part as a conservation area and in part as a blighted - vacant area as defined in the Tax Increment Allocation Redevelopment Act of Chapter 65, 5/11- 74.4 -1, et. seq., as amended of the Illinois Compiled Statutes. Prepared for: City of Elgin, Illinois Prepared by: Kane, McKenna and Associates, Inc. November, 2010 CITY OF ELGIN TIF QUALIFICATION REPORT BLUFF CITY /QUARRY TIF DISTRICT TABLE OF CONTENTS Q`► U� Kane, McKenna and Associates, Inc. (KMA) has been retained by the City of Elgin to conduct an analysis for the potential qualification and designation of a Tax Increment Finance ("TIF ") District for the area that includes the quarry area generally located between Bluff City Boulevard, Spaulding Road, Gifford Road, the EJ & E railroad right of way to the east and a corridor consisting of improved land extending west along Bluff City Boulevard to St. Charles Street. The City is pursuing the TIF designation as part of its overall strategy to encourage reuse and reclamation of former quarry properties in the southeast part of the City, as well as adjacent mixed use properties along Bluff City Boulevard. The City also hopes to redevelop certain parcels that are underutilized along the adjacent Bluff City Boulevard corridor. For purposes of this Report, KMA has subdivided the study area into two major classifications: Improved land — This classification is for all land that is primarily occupied by structures and /or other improvements, generally located along the north and south sides of Bluff City Boulevard — extending west to St. Charles Street, and the area north of the former quarry described above. Vacant land — This classification is for all the land within the proposed TIF District that is primarily vacant of structures, generally located between Bluff City Boulevard, Gifford Road, Spaulding Road, and the EJ & E railroad right of way to the east; and Based upon the analysis completed to date, KMA has reached the following conclusions regarding the potential TIF qualification for the vacant land and the improved land within the area: 1) Improved land within the proposed TIF District qualifies as a "conservation area " under the Act. Overall, the improved land within the proposed TIF District is found to be in a condition as defined in the Act that prevents, or threatens to prevent, the economic development of properties in a manner that the community deems essential to its overall economic health. 2) Vacant land within the proposed TIF District qualifies as a "b lighted- vacant area " pursuant to the Act. The vacant land has proven to lack economic viability for development due to certain adverse conditions identified in Section V of this report. Requirements for reclamation, internal traffic circulation, and infrastructure will be needed in order to prepare this land for productive use. As a result, it prevents or threatens to prevent the healthy economic development of properties that the community deems essential to its overall economic health. In the opinion of KMA the subject vacant land meets the requirements for designation as a blighted -vacant area under the TIF Act (the "Act'). TIF Qualification Report - City of Elgin, Illinois 9A 3) The blighting and conservation area conditions found within the proposed TIF District present a serious barrier to the area's successful redevelopment. These factors negatively impact coordinated and substantial private sector investment in the overall area under consideration as a TIF district. Without City planning and use of economic development resources in eliminating such factors, potential redevelopment projects (along with other activities that require private sector investment) are not likely to be economically feasible. 4) There are several potential redevelopment sites within the proposed TIF District. These sites could produce sufficient incremental property tax revenue that, if used in combination with other City resources for redevelopment incentives or public improvements, would likely stimulate private investment and reinvestment in these sites and ultimately throughout the study area. 5) Formal designation recommended To address current conditions, to promote the economic viability of the proposed TIF District, and to foster private sector investment and redevelopment efforts, KMA recommends that the City proceed with the formal TIF designation process for the entire area under consideration. The KMA analysis of the proposed TIF District in conjunction with the statutory criteria is detailed in the following pages. TIF Qualification Report - Proposed Bluff City/Ouarry TIF District City of Figin, Illinois u (� rj ) I. BACKGROUND The City of Elgin (the "City ") has initiated action related to the study of the proposed Bluff City /Quarry Redevelopment Project Area (the "RPA ") to determine whether it qualifies for consideration as a Tax Increment Financing District. Kane, McKenna and Associates, Inc. ("KMA ") has agreed to undertake the study of the area Background on the City and Proposed RPA The City incorporated in 1854 and is located approximately 38 miles to the north and west of the City Chicago. Elgin has historically existed as a strong regional center outside of Chicago, including diverse uses, strong transportation linkages, and a location along the northern Fox River Valley. The proposed RPA takes in the properties located north of Bluff City Boulevard (west of Gifford Road) and north and south of Bluff City Boulevard (east of Gifford Road). In addition, vacant property generally located south of Bluff City Road and bounded in the east by railroad right of way, on the west by Gifford Road, and on the south by Spaulding Road is also included. The proposed RPA currently consists of a variety of land uses. The former quarry/mining property is zoned for commercial and industrial uses. The area located along the Bluff City corridor includes single family residential, multi family, commercial, industrial and institutional uses. As of the date of this report, the RPA contained approximately two hundred and eleven (2) 1) tax parcels and approximately ninety two (92) buildings. Context for Redevelopment The City encourages redevelopment of vacant areas and infill areas, as documented in its 2005 Comprehensive Plan. The Comprehensive Plan identifies the following goals: "Goal RR -I - Maintain a sustainable urban environment in the City's existing core neighborhoods. Objective RR- 1.1 - Promote a concentrated, cohesive relationship among compatible land uses. Policy RR -1.1a. - Encourage and assist in providing a mix of market rate, affordable and high -end housing within redevelopment and revitalization areas. Policy RR -1.1b. - Carefully evaluate redevelopment area boundaries to maintain the social stability of existing neighborhoods. Policy RR -1.1c. - Conserve the assets and resources of mature residential neighborhoods. TIF Qualification Report - Proposed Bluff City/Quarry TIF District City t f Elgin, Illinois W Policy RR. l.ld. Promote mid -rise and high -rise mixed residential and office uses in the Center City, with ground floor space reserved for retail and other supportive uses. Policy RR -1. le. Work with property owners to remove constraints on vacant or underutilized parcels to encourage infill development or redevelopment. Policy RR -1 . If Provide for neighborhood, corridor and special area plans. Objective RR -1.2. Increase functional and visual consistency of buildings and structures by coordinating existing uses and different architectural styles. Policy RR- 1.2.a. Eliminate unsightly, unsafe, substandard and obsolete uses and buildings that detract from the aesthetic appearance and economic welfare. Policy RR- 1.2.b. Enhance and maintain the appearance of alleys and other public rights -of- way in the Center City and other redevelopment/revitalization areas. Objective RR -1.3 Develop and maintain amenities that reflect the character of the community's heritage. Policy RR- 1.3.a. Make all reasonable efforts to identify, document and preserve significant historic and/or architecturally significant structures and buildings. Policy RR- 1.3.b. Continue programs to increase public awareness and support for historic preservation activities. Goal RR -2 Attract Development to vacant areas within mature neighborhoods through the use of infill incentives and innovative design. Objective RR -2.1 Encourage private and public investment and development on vacant lands in the mature neighborhoods of the City. Policy RR -2. La. Continue to promote incentive policies that support infill development in mature neighborhoods. Policy RR -2. Lb. Provide technical support for infill development through innovative design concepts and land use techniques. Policy RR-2. I.e. Assure that infill development is compatible with neighboring uses. Policy RR- 2. I.d. Assure that infill development can be supported by appropriate City services. TIP Qualification Report - Proposed Bluff City/Quarry TIF District City of Elgin. Illinois e� Policy RR -2. Le. Encourage the adaptive reuse of rehabilitation of mature buildings that are structurally sound. Source. City of Elgin "Comprehensive Plan and Design Guidances" 2005, Section 3, page 27. The City is sensitive to the existing residential areas near the west portion of the proposed RPA. Because of this, the City wishes both to manage development within the proposed RPA to mitigate land use conflicts, and to ensure that more modern development occurs within the guidelines of the City's Comprehensive Plan. General Seooe and Methodotopy KMA formally began its analysis by conducting a series of meetings and discussions with City staff, starting in early 2009 and continuing periodically through the present. The purpose of the meetings has been to establish boundaries for a study area and to gather data related to qualification criteria for properties included in the study area. These meetings were complemented by a series of field surveys for the entire study area. The field surveys and data collected have been utilized to test the likelihood that the two sub -areas located within the study area would qualify for TIF designation. For the purpose of the study, properties within the proposed RPA are divided into two categories. The qualification factors discussed in this report qualify parts of the RPA as either "blighted- vacant" or "conservation area - improved," as such terms are defined pursuant to the Act. The first tract includes those portions that contain improved property. The second tract includes those portions that are vacant land generally located in the central and south portion of the proposed RPA. During the course of its work, KMA reported to City staff its findings regarding TIF qualification and feasibility prospects for the study area. Based on these findings the City made refinements to the study area boundaries, directed KMA to complete this TIF Qualification Report (the "Report"), and moved forward with the preparation of a Redevelopment Plan and Project for the area. For additional information about KMA's data collection and evaluation methods, refer to Section IV of this report. TIF Qualification Report - Proposed Bluff City /Ouarry TIF District City of Elgin, Illinois II. QUALIFICATION CRITERIA USED With the assistance of City staff, Kane, McKenna and Associates, Inc. examined the proposed RPA and reviewed information collected for the area to determine the presence or absence of appropriate qualifying factors listed in the Illinois "Tax Increment Allocation Act' ILCS 5/11- 74.4 -1 et. seq., as amended (hereinafter referred to as the "Act'). The Act sets out specific procedures that must be adhered to in designating a redevelopment project area. By definition, a "Redevelopment Project Area" is: "an area designated by the municipality, which is not less in the aggregate than I''/2 acres and in respect to which the municipality has made a finding that there exist conditions which cause the area to be classified as a blighted area or a conservation area, or a combination of both blighted area and conservation area." Under the Act, "blighted area" or "conservation area" means any improved or vacant area within the boundaries of a development project area located within the territorial limits of the municipality where certain conditions are met. TIF Oualification Factors for an Area with Improvements In accordance with the Act, KMA performed a two -step assessment to determine if the improved part of the proposed RPA qualified as a "conservation" area. First, KMA analyzed the threshold factor of age to determine if a majority of structures were 35 years of age or older. Secondly, if a proposed conservation area meets the age threshold, then the following factors are to be examined to determine TIF qualification: If a conservation area, industrial, commercial and residential buildings or improvements are detrimental to the public safety, health or welfare because of a combination of three (3) or more of the following factors, each of which is (i) present, with that presence documented to a meaningful extent so that a municipality may reasonably find that the factor is clearly present within the intent of the Act and (ii) reasonably distributed throughout the improved part of the redevelopment project area: 1) Dilapidation: An advanced state of disrepair or neglect of necessary repairs to the primary structural components of buildings or improvements in such a combination that a documented building condition analysis determines that major repair is required or the defects are so serious and so extensive that the buildings must be removed. 2) Obsolescence: The condition or process of falling into disuse. Structures become ill - suited for the original use. TIF Qualification Report - Proposed Bluff City/Quarry TIF District City of Elgat Illinois J 3) Deterioration: With respect to buildings, defects including but not limited to major defects in the secondary building components such as doors, windows, porches, gutters and downspouts and fascia. With respect to surface improvements, that the condition of roadways, alleys, curbs, gutters, sidewalks, off - street parking and surface storage areas evidence deterioration, including but not limited to surface cracking, crumbling, potholes, depressions, loose paving material and weeds protruding through paved surfaces. 4) Presence of Structures Below Minimum Code Standards: All structures that do not meet the standards of zoning, subdivision, building, fire and other governmental codes applicable to property, but not including housing and property maintenance codes. 5) Illegal Use of Individual Structures: The use of structures in violation of applicable federal, State, or local laws, exclusive of those applicable to the presence of structures below minimum code standards. 6) Excessive Vacancies: The presence of buildings that are unoccupied or under - utilized and that represent an adverse influence on the area because of the frequency, extent, or duration of the vacancies. 7) Lack of Ventilation Light or Sanitary Facilities: The absence of adequate ventilation for light or air circulation in spaces or rooms without windows, or that require the removal of dust, odor, gas, smoke or other noxious airborne materials. Inadequate natural light and ventilation means the absence of skylights or windows for interior spaces or rooms and improper window sizes and amounts by room area to window area ratios. Inadequate sanitary facilities refer to the absence or inadequacy of garbage storage and enclosure, bathroom facilities, hot water and kitchens, and structural inadequacies preventing ingress and egress to and from all rooms and units within a building. 8) Inadequate Utilities: Underground and overhead utilities such as storm sewers and storm drainage, sanitary sewers, water lines and gas, telephone, and electrical services that are shown to be inadequate. Inadequate utilities are those that are: (i) of insufficient capacity to serve the uses in the redevelopment project area; (ii) deteriorated, antiquated, obsolete or in disrepair; or (iii) lacking within the redevelopment project area. 9) Excessive Land Coverage and Overcrowding of Structures and Community Facilities: The over- intensive use of property and the crowding of buildings and accessory facilities onto a site. Examples of problem conditions warranting the designation of an area as one exhibiting excessive land coverage are: (i) the presence of buildings either improperly situated on parcels or located on parcels of inadequate size and shape in relation to present -day standards of development for health and safety; and (ii) the presence of multiple buildings on a single parcel. For there to be a finding of excessive land coverage, these parcels must exhibit one or more of the following conditions: insufficient provision for light and air within or around buildings; increased threat of spread of fire due to the close proximity of buildings; lack of adequate or proper access to a public TIF Qualification Report - Proposed 8l uffQv1Quarry TIF District City of Elgin, Illinois �n right -of -way; lack of reasonably required off - street parking; or inadequate provision for loading and service. 10) Deleterious Land -Use or Layout: The existence of incompatible land -use relationships, buildings occupied by inappropriate mixed -uses, or uses considered to be noxious, offensive, or unsuitable for the surrounding area. 11) Environmental Clean -Up: The Proposed redevelopment project area has incurred Illinois Environmental Protection Agency or United States Environmental Protection Agency remediation costs for — or a study conducted by an independent consultant recognized as having expertise in environmental remediation has determined a need for — the clean-up of hazardous waste, hazardous substances or underground storage tanks required by State or federal law, provided that the remediation costs constitute a material impediment to the development or redevelopment of the redevelopment project area. 12) Lack of Community Planning: The Proposed redevelopment project area was developed prior to or without the benefit or guidance of a community plan. This means that the development occurred prior to the adoption by the municipality of a comprehensive or other community plan or that the plan was not followed at the time of the area's development. This factor must be documented by evidence of adverse or incompatible land -use relationships, inadequate street layout, improper subdivision, parcels of inadequate shape and size to meet contemporary development standards, or other evidence demonstrating an absence of effective community planning. 13) Stagnant EAV: The total equalized assessed value of the proposed redevelopment project area has declined for three (3) of the last five (5) calendar years prior to the year in which the redevelopment project area is designated, or is increasing at an annual rate that is less than the balance of the municipality for three (3) of the last five (5) calendar years, for which information is available or increasing at an annual rate that is less than the Consumer Price Index for All Urban Consumers published by the United States Department of Labor or successor agency for three (3) of the last five (5) calendar years prior to the year in which the redevelopment project area is designated. TIF Qualification Factors for a Vacant Area In accordance with the Act, KMA assessed the following factors to determine TIF qualification for the proposed RPA characterized as "blighted- vacant" Per the Act, such an area meets state standards provided that: If vacant, the sound growth of the redevelopment project area is impaired by a combination of two (2) or more of the following factors, each of which is (i) present, with that presence documented, to a meaningful extent so that a municipality may reasonably find that the factor is clearly present within the intent of the Act and (ii) reasonably distributed throughout the vacant part of the redevelopment project area: TIF Qualification Report - Proposed 81UffCity/Quarry TIF District City of Elgin Illinois 6 1) Obsolete platting of vacant land that results in configurations of parcels of irregular size or shape planned basis and in a manner compatible requirements, or platting that failed to create rigF created inadequate right -of -way widths for streets, that omitted easements for public utilities. parcels of limited or narrow size or that would be difficult to develop on a with contemporary standards and is -of -ways for streets or alleys or that alleys, or other public rights -of -way or 2) Diversity of ownership of parcels of vacant land sufficient in number to retard or impede the ability to assemble the land for development. 3) Tax and special assessment delinquencies exist or the property has been the subject of tax sales under the Property Tax Code within the last five (5) years. 4) Deterioration of structures or site improvements in neighboring areas adjacent to the vacantland. 5) The area has incurred Illinois Environmental Protection Agency or United States Environmental Protection Agency remediation costs for — or a study conducted by an independent consultant recognized as having expertise in environmental remediation has determined a need for — the clean -up of hazardous waste, hazardous substances or underground storage tanks required by State or federal law, provided that the remediation costs constitute a material impediment to the development or redevelopment of the redevelopment project area. 6) The total equalized assessed value of the proposed redevelopment project area has declined for three (3) of the last five (5) calendar years prior to the year in which the redevelopment project area is designated or is increasing at an annual rate that is less than the balance of the municipality for three (3) of the last five (5) calendar years for which information is available or is increasing at an annual rate that is less than the Consumer Price Index for All Urban Consumers published by the United States Department of Labor or successor agency for three (3) of the last (5) calendar years prior to the year in which the redevelopment project area is designated. TIF Qualification Factors for a Vacant Area (Stand -Alone Factors) In accordance with the Act, KMA assessed the following stand -alone factors to determine TIF qualification for the proposed RPA characterized as "blighted- vacant." Per the Act, such an area meets state standards provided that: I£ vacant, the sound growth of the redevelopment project area is impaired by one (1) or more of the following factors, each of which is (i) present, with that presence documented, to a meaningful extent so that a municipality may reasonably find that the factor is clearly present within the intent of the Act and (ii) reasonably distributed throughout the vacant part of the redevelopment project area: - Proposed Bluff City /Quarry TIF City of Elgin. Illinois Lr (A) The area consists of one or more unused quarries, mines, or strip mine ponds. (B) The area consists of unused railyards, rail tracks, or railroad rights of way. (C) The area, prior to its designation, is subject to (i) chronic flooding that adversely impacts on real property in the area as certified by a registered professional engineer or appropriate regulatory agency or (ii) surface water that discharges from all or a part of the area and contributes to flooding within the same watershed, but only if the redevelopment project provides for facilities or improvements to contribute to the alleviation of all or part of the flooding. (D) The area consists of an unused or illegal disposal site containing earth, stone, building debris, or similar materials that were removed from construction, demolition, excavation, or dredge sites. (E) Prior to November 1, 1999, the area is not less than 50 nor more than 100 acres and 75% of which is vacant (notwithstanding that the area has been used for commercial agricultural purposes within 5 years prior to the designation of the redevelopment project area), and the area meets at least one of the factors itemized in paragraph (1) of this subsection, the area has been designated as a town or village center by ordinance or comprehensive plan adopted prior to January 1, 1982, and the area has not been developed for that designated purpose. (F) The area qualified as a "blighted area" immediately prior to becoming vacant, unless there has been substantial private investment in the immediately surrounding area. T1F Qualification Report - Proposed Bluff City/Quarry 71F District City of Elgin, Illinois F3 The proposed RPA is divided into two (2) sub - areas. The first sub -area includes those properties that contain improved parcels. The improved land is primarily concentrated along Bluff City Boulevard — on the north side west of Gifford Road extending west to parcels east of St. Charles Street and on the north and south sides of Bluff City Boulevard east of Gifford Road. The second, vacant sub -area is generally located south of Bluff City Boulevard and bounded on the west by Gifford Road, on the south by Spaulding Road, and on the east by the railroad right of way and the Co Part facility. Refer to Exhibit A, Boundary Map, for additional information. District City of Elgin, Illinois IV, METHODOLOGY OF EVALUATION In evaluating the proposed RDA's potential qualification as a TIF District, the following methodology was utilized: 1) Photographic analysis and site surveys of the proposed RPA were undertaken by representatives from Kane, McKenna and Associates, Inc. Site surveys were completed for both sub -areas with the proposed RPA. 2) KMA performed EAV trend analysis, to ascertain whether improved area EAV growth in the proposed RPA underperformed EAV growth in the remaining part of the City. 3) Exterior evaluation of structures, noting deterioration or dilapidation as well as vacancies or possible code violations was completed. The inspections conducted by KMA noted signs of aging of certain structures, the current condition of improvements and infrastructure, and current roadway conditions. 4) Both the improved and vacant areas were studied in relation to available planning reports, City ordinances, flood maps, local history, and an evaluation of area -wide factors that have affected the area's development (e.g., lack of community planning, obsolescence, lag in EAV growth, deleterious layout, etc.). Kane, McKenna reviewed the area in its entirety. City redevelopment goals and objectives for the area have also been established and reviewed. 5) Existing structures and site conditions were initially surveyed only in the context of checking, to the best and most reasonable extent available, criteria factors of specific structures and site conditions on the parcels. 6) The proposed RPA was examined to assess the applicability of the different qualification factors, for both improved land and vacant land, required for TIF designation under the Act. Evaluation was made by reviewing the existing conditions in the RPA and determining how each condition measured when evaluated against the relevant qualification factors. Improved land within the proposed RPA was examined to determine the applicability of the thirteen (13) different conservation area improved factors for qualification for TIF designation under this statute. Vacant land was reviewed to determine the applicability of the different blighted -vacant factors listed within the Act. TIF Qualification Report - Proposed Bluff City/Quarry TIF District Cay of Figin, Illinois t0 r� n V. QUALIFICATION FINDINGS FOR PROPOSED RPA As a result of KMA's evaluation of each parcel in the proposed RPA, and analysis of each of the eligibility factors summarized in Section It, the following factors are presented to support qualification of the proposed RPA as a conservation area and a blighted vacant area under the TIF Act. These factors are summarized in the table below. be over 35 years in age. Findings for Sub -Area 1: Conservation Area Factors Based upon preliminary analysis, the RPA would likely qualify as a conservation area under the statutory criteria set forth in the Act. As indicated in Section II, KMA performed a two -step assessment, first finding that a majority of buildings within the conservation area were over 35 years of age. Based upon Cook, Kane Counties and township data, KMA determined that 67 buildings (approximately 73 %) of the approximately ninety two (42) structures within the RPA exceeds the age threshold. As a second step, KMA reviewed the criteria needed to qualify an area as a conservation area, determining that five (5) factors were present: 1) Lae in Equalized Assessed Valuation (EAV) Growth The total equalized assessed valuation (EAV) for the improved portion of the RPA has increased at an annual rate that is less than the balance of the City for four (4) of the last five (5) calendar years as evidenced by the data presented in the table below. These measures demonstrate a distressed condition regarding development and tax base within the RPA. TIF Qualification Report - Proposed Bluff Ciry /Quarry TIF District City of Fight, Illinois Total EAV for Improved Area within Proposed TIF $7,586,079 $8,138,140 58,188,256 $6,944,641 $6,831,749 56,541,301 Annual Change 1%) (6.97 %) (0.61%) 17.91% 1.65% 4.44% Total City EAV (Minus EAV in TIF Sub - Areal) $21621,217,173 52,624,269,432 $,2460,924,627 $2,155,818,715 $1,932,631,922 $1,799,124,705 Annual Chan (%) 0.12 % 6.64% 14.15% 11.55% 7.42% Source: Kane and Cook Counties, City of Elgin. 2) Inadequate Utilities Inadequate utilities can be defined as underground and overhead utilities such as storm sewers and storm drainage, sanitary sewers, water lines and gas, or telephone and electrical services that are shown to be inadequate. Inadequate utilities are those that are: (i) of insufficient capacity to serve the uses in the redevelopment project area; (ii) deteriorated, antiquated, obsolete or in disrepair; or (iii) lacking within the redevelopment project area. Based upon a City Engineering Department evaluation of the condition of the existing infrastructure, including roadways, the following improvements are required to address inadequate utilities: Reconstruct all of Bluff City Boulevard with improved drainage (i.e. curb and gutter and storm sewer); Reconstruct the bridge over Poplar Creek (Built in 1909); Reconstruct Spaulding Road with improved drainage (i.e. curb and gutter and storm sewer), water main and sanitary sewer. Reconstructed streets would need sidewalks, lighting, landscaping, heavy duty pavements (due to truck traffic usage) and signage. TIF Qualification Report - Proposed BluffCity/Quarry TIF Di$uic! City of Elgin, Illinois 12 I 3) Deleterious Land Use /Layout Deleterious land use (or layout) is defined as the existence of incompatible land use relationships, buildings occupied by inappropriate mixed -uses, or uses unsuitable for the surrounding area. Unsuitable land uses include offensive or noxious uses in relation to the surrounding area. In general, poor parcel layout and lack of buffering in Sub -Area 1 account for deleterious land use /layout. Regarding the parcel layout, certain commercial and light industrial /warehouses facilities are not configured to easily accommodate the daily movement and loading of truck traffic. Residential parcels are interspersed with commercial /industrial uses and there is lack of buffering between uses. Furthermore, for both commercial and industrial facilities there are very few instances where businesses can efficiently enter, load and exit. Ideally, they would be able to enter at one point on the commercial /industrial property, unload into easily accessed loading bays, and then exit at a different point (analogous to a drive - through bank). Instead, in many cases truck traffic has to enter, load /unload, reverse direction, and exit from the same point of entry (i.e., no ability to circulate through the facility). The difficulty in circulating truck traffic is exacerbated by businesses' lack of parking, which causes certain "bottlenecks" and potential demands on off street parking. Transportation layout is not optimal. Ingress and egress to businesses onto the two lane Bluff City Boulevard is accomplished through individual drive ways and curb cuts; for multiple uses including commercial, institutional (at the west end), and residential (to the east and interspersed with industrial /commercial uses in the center portion). There is a lack of internal roads (such as service roads or frontage roads) that would connect parcels. As a result, motorists have to enter and exit Bluff City Boulevard to get to adjacent businesses. Lack of buffering is a deficiency observed through the sub -area. As mentioned, on Bluff City Boulevard there exist non - conforming single - family uses, As a result, there have become a number of incompatible uses among commercial /industrial uses. 4) Lack of Community Plannine An area suffers from a lack of community planning if the area was developed prior to, or without the benefit of, a community plan. The original date of the City's comprehensive plan was 1959, updated in 1983 and then in 2005. As noted above, 73% of the buildings within the proposed TIF District were constructed over 35 years ago or prior to 1974 and the City's updated plans in 1983 and 2005. TIF Qualification Report - Proposed Bluff City /Quarry TIF District Ciry of Elgin. Illinois The area's lack of community planning is evidenced by (a) its incompatible land uses (e.g., the proximity of commercial /industrial uses to residential uses and institutional uses), (b) inadequate parcel layout (e.g., irregular lot sizes and lack of ingress and egress), (c) the lack of commercial loading and adequate transportation route provisions within the area, as discussed above, and (d) requirements for coordinated parking and traffic circulation. Modern development of the improved areas within the TIF District should discourage the mixing of conflicting land -uses without sufficient land platting, provide buffers between industrial, commercial and residential areas, establish appropriate land development ratios, and set other restrictions to prevent problems that arise out of incompatible uses. S) Deterioration of Structures and Site Improvements Per the Act, deterioration can be evidenced in major or secondary building defects or deterioration of surface infrastructure. For example, building defects include, but are not limited to, defects in building components such as windows, siding, and doors. With respect to building deterioration, there was dispersed through the sub -area buildings that exhibited deterioration. Many of the buildings marked as "deteriorated" had two or more building components needing corrective action, including: • deteriorated roofing (e.g., curled or missing shingles); • deteriorated siding or brick (i.e., chipped or warped siding or missing shingles or brick needing tuckpointing or repair); • garages/ancillary buildings in need or repair; • bent or rusted gutters • rusted or weathered fascia • rotted or deteriorated doors and door frames Regarding surface improvements, the sub -area exhibited a number of problems including - Rutted and cracked roadways; - Cracked, uneven sidewalks with evident weed growth; and - Parking lots with potholes and "alligator" cracking. With respect to street conditions, the major east/west route — Bluff City Boulevard -- evidenced deterioration. Other streets and driveways exhibited advanced and mild deterioration and cracks, consistent with the heavy truck and automobile traffic it handles. Curbs and gutters were also limited. Ci(v of Elgin. Illinois 14 ■ Findings for Sub -Area 2: Blighted- Vacant Factors The proposed RPA contains approximately fourteen (14) tax parcels on vacant land. Within this area, KMA identified one stand alone blighted - vacant qualification factor. The 2009 EAV for this sub -area is approximately $3,218,137. Findings for Sub -Area 2: Blighted- Vacant Factor (Stand -Alone Factor) The sub -area qualifies under the TIF Act using a stand -alone factor. The TIF Act provides that if an area, prior to its designation, consists of "one or more unused quarries, mines, or strip mine ponds" the area would be characterized as "blighted vacant." Mining operations were undertaken in the north portion of the sub -area from at least as early as 1962 until approximately 2001. The operations included surface excavations and mining of sand and gravel. Mining operations in the south portion of the sub area were discontinued in approximately summer of 2008. Portions of the sub -area that are not included in the TIF district are currently mined, and as a result, are excluded from the TIF boundaries. Extraordinary costs associated with the reclamation of the former mined areas include site preparation (including, without limitation, the importation and compaction of large quantities of film material), internal roadway construction and provision of utility services. Due to the conditions associated with mined areas and the prior uses, such costs impede redevelopment unless TIF revenues are available to offset a portion of the costs. Illinois 15 1"} 6 VI. SUMMARY OF FINDINGS / GENERAL ASSESSMENT OF QUALIFICATION The following is a summary of relevant qualification findings as it relates to potential designation by the City of the proposed RPA as a TIF District. The findings herein pertain to the entire area including vacant and improved areas. The area is contiguous and is greater than 1 % acres in size. 2. Portions of the proposed RPA will qualify as a "conservation area" and portions will qualify as a "blighted- vacant" area. Further, the factors as documented herein are present to a meaningful extent and are reasonably distributed throughout the proposed RPA. (A more detailed analysis of the qualification findings is outlined in Section V of this report.) All property in the area would substantially benefit by the proposed redevelopment project improvements. 4. The sound growth of taxing districts applicable to the area, including the City, has been impaired by the factors found present in the area. 5. The area would not he subject to redevelopment without the investment of public funds, including property tax increments. These findings, in the judgment of KMA, provide the City with sufficient justification to consider designation of the proposed RPA as a TIF District, TIF Qualification Report - Proposed Bluff CiN /Quarry TIF District Cay of Elgin. Illinois Il trj Exhibit A !) Exhibit A f�