95-194 Recorded -0
Resolution No. 95-194
RESOLUTION
AUTHORIZING EXECUTION OF A CERTIFICATE OF ABROGATION
OF BUILDING SETBACK LINE, CONSTRUCTION EASEMENTS AND
BUILDING RESTRICTIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City
Clerk, be and are hereby authorized and directed to execute a
Certificate of Abrogation of Building Setback Line,
Construction Easements and Building Restrictions on behalf of
the City of Elgin for property located in the Fox Bluff
Corporate Center, a copy of which is attached hereto and made
a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: September 13, 1995
Adopted: September 13, 1995
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
• RERECORD TO CORRECT ERRORS
L . `IC1),-i1
954“1561 8-a C. cp - 5
c' ,'
v" RECORDER
FILED FOR RECORD
KANE CO;+ '?1 '1. ;Lt_.
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95K06074 95 OCT 12 PM 12: 00 G,
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RECORDER Cn
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CERTIFICATE OF ABROGATION OF BUILDING SETBACK LINE
CONSTRUCTION EASEMENTS AND BUILDING RESTRICTIONS
(FOX BLUFF CORPORATE CENTER)
V J
!1.
After recording return to:
Dolonna Mecum
(9 Elgin City Clerk 40
150 Dexter Court , Ga /
Elgin, IL 60120
`cO
G`
0
9� ilaa560 7 48 SKI'
I
CERTIFICATE OF ABROGATION OF BUILDING SETBACK LINE
CONSTRUCTION EASEMENTS AND BUILDING RESTRICTIONS
WHEREAS, the CITY OF ELGIN, a municipal corporation
(hereinafter referred to as "City' ) , did cause a plat of
subdivision to be recorded August 19, 1992 in the Office of
the Recorder of Kane County, Illinois, as Document No. 92 K
59007 ( "Plat" ) , of property commonly known as the "Fox Bluff
Corporate Center" ; and
WHEREAS, the Federal Aviation Administration is the
owner of the real estate legally described as :
Lot 15 of Fox Bluff Corporate Center, being a
subdivision of part of Section 27, Township 41
North, Range 8 East of the Third Principal Meridian,
in the City of Elgin, Kane County, Illinois; and
WHEREAS, Olive Can Company is the owner of the real
estate legally described as :
Lots 12, 13, 14, 6, 7, 9, 10, 11 and vacated
right of way at Chamber Drive and Cook Circle, of
Fox Bluff Corporate Center, being a subdivision of
part of Section 27, Township 41 North, Range 8 East
of the Third Principal Meridian, in the City of
Elgin, Kane County, Illinois; and
WHEREAS, Elgin Corrugated Box Company is the owner
of the real estate legally described as :
Lots 37 through 40, inclusive, of Fox Bluff
Corporate Center, being a subdivision of part of
Section 27, Township 41 North, Range 8 East of the
Third Principal Meridian, in the City of Elgin, Kane
County, Illinois; and
WHEREAS, the Bowes Road Partnership is the owner of
the real estate legally described as :
The Easterly 20 .00 feet of Lot 2 and the
Westerly 205 . 00 feet of Lot 3 of of Fox Bluff
Corporate Center, being a Subdivision of Part of
Section 27, Township 41 North, Range 8 East of the
Third Principal Meridian. Situated in the City of
Elgin, Kane County, Illinois and Containing
62, 394 . 75 square feet more or less; and
WHEREAS, the City owns the remainder of all real
estate described by the Plat; and
9§-K-0-&6 98 8
{ 5K 6048
•
WHEREAS, the Plat, and more specifically Lots 1, 2,
3, 4 , 5, 8, 10 and 11 of the Plat, contains a building setback
line running easterly and westerly through said Lots 1, 2, 3,
4, 5, 8, 10 and 11, which building setback line is 100 feet
from the southerly lot lines of said lots ( "the Restriction
Line" ) ; and
WHEREAS, the Plat, and more specifically Lots 1, 2,
3, 4, 5, 8, 10 and 11 of the Plat, contains a construction
easement, encompassing the northerly eighty (80) feet of the southerly one hundred
easterly and westerly through said Lots 1, 2, 3, 4, 5, 8, 10 (100) feet
and 11; and running
WHEREAS, the Plat, and more specifically Lots 1, 2,
3, 4 , 5, 8, 10 and 11 of the Plat, contains a landscape
easement encompassing the southerly fifty (50) feet running
easterly and westerly through said Lots 1, 2, 3, 4, 5, 8, 10
and 11; and
WHEREAS, City and the above described owners of all
of the real estate affected by the Plat desire to amend the
aforementioned building setback and easements to provide for
the relocation of the building setback Restriction Line and
the easements, and have provided consent to such relocation as
indicated by Exhibits A, B, C and D, attached hereto and made
a part hereof.
NOW, THEREFORE, for and in consideration of the
premises and of other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the
City and the above described owners, as owners of all of the
real estate included in the Plat, hereby certify that the
southerly building setback Restriction Line and the easement areas, as
shown on the Plat and described herein as Lots 3, 4, 5, 8,
10, 11 and the easterly twenty (20) feet of Lot 2, are hereby
abrogated and annulled, it being the intention of the City and
the undersigned o ner��s�,,��tha th�r no further restriction as
to the location o°Buinfggs er y 2otsiines 4, 5, 8, 10, 11 and
the easterly twenty (20) feet of Lot 2 contained in the Plat,
except as otherwise required by applicable laws and ordinances
and except that a building setback line shall now be located
sixty (60) feet from the southerly lot lines of Lots 3, 4,
5, 8, 10, 11 and the easterly twenty (20) feet of Lot 2; a
construction easement shall be retained by City, which shall
be located in the southerly sixty ( 60) feet of Lots 3, 4,
5, 8, 10, 11 and the easterly twenty (20) feet of Lot 2; and a
landscaping easement shall be retained by City, which shall be
located in the southerly twenty (20) feet of Lots 3, 4, 5,
8, 10, 11 and the easterly twenty (20) feet of Lot 2; each of
which building setback line and easements shall run in an
easterly and westerly direction.
3
2
9-51-D4.-
6-9 88 ti 5K060 748
IN WITNESS WHEREOF, the City and the undersigned
owners have caused this instrument to be executed effective
this w1 L day of SEp T G-/h /e 7e__ , 1995 .
CITY OF ELGIN, ILLINOIS
By / ,�' `— '`"'
Mayor
Attest:
li: /a , �.
City Clerk
7
3
` Us6988' 5 ti 060 748
STATE OF ILLINOIS )
ss
COUNTY OF K A N E )
I , Suellyn Losch , a Notary Public in
and for said County and State aforesaid, DO HEREBY CERTIFY,
that Kevin Kelly, Mayor, and Dolonna Mecum, City Clerk, of the
City of Elgin, who are personally known to me to be the same
persons whose names are subscribed in the foregoing instrument
as such Mayor and City Clerk, appeared before me this day in
person and severally acknowledged that they signed, sealed and
delivered this aid instrument of writing as their free and
voluntary act, and as the free and voluntary act of the City
of Elgin for the uses and purposes therein set forth pursuant
to the authority given by the City Council of the City of
Elgin and caused the corporate seal of said City of Elgin to
be thereto attached.
GIVEN under my hand and notarial seal this 18th day
of September , 1995 .
THIS INSTRUMENT PREPARED BY: OFFICIAL SEAL
Michael R. Gehrman SUELLYN LOSCH
150 Dexter Court NOTARY PUBLIC,SLATE OF ILLINOIS
Elgin, Illinois 60120-5555 MY COMMISSION EXP:RES:10/27/98
S
4
9-5A-4-3-5G988 w5 60 7 48
PLAT AMENDMENT WAIVER
Olive Can Company , an Illinois Corporation
for good and valuable consideration, the receipt and suffi-
ciency of which is hereby acknowledged, hereby consents,
agrees, and expressly waives any objection or other right or
interest it may have to an amendment of the southerly build-
ing setback line, landscape easement and temporary easement
line of Lots 1, 2, 3, 4, 5, 8, 10 and 11 of the Fox Bluff
Corporate Center, Elgin, Illinois, as depicted by a Plat of
Subdivision recorded as Document Number 92 K 59007 by the
Kane County Recorder of Deeds, which amendment shall cons,:i-
tute a reduction of the aforementioned building setback Line
from 100 feet to 60 feet, a reduction of the landscape ease-
ment from 50 feet to 20 feet, and a reduction of the construc-
tion easement from 80 feet to 60 feet from the southerly lot
lines.
Dated this 15th day of August, 1995.
-- e
Subscribed and sworn before
me this \S— day of " OFFICIAL SEAL"
August, 1995. ALLISON ANN WIENBERG
NOTARY PUBLIC,STATE OF ILLINOIS
kilkl-kbey‘ al\I\P 1 UXQN\CIQI MY COMMISSION EXPIRES 11/7/98
Notary Public
Exhibit C
95 K 0 64748
PLAT AMENDMENT WAIVER
Bowes Road Partnership , an Illinois Partner-
ship for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, hereby consents,
agrees, and expressly waives any objection or other right or
interest it may have to an amendment of the southerly build-
ing setback line, landscape easement and temporary easement
line of Lots 1, 2, 3, 4, 5, 8, 10 and 11 of the Fox Bluff
Corporate Center, Elgin, Illinois, as depicted by a Plat of
Subdivision recorded as Document Number 92 K 59007 by the
Kane County Recorder of Deeds, which amendment shall consti-
tute a reduction of the aforementioned building Eetback line
from 100 feet to 60 feet, a reduction of the landscape ease-
ment from 50 feet to 20 feet, and a reduction of the construc-
tion easement from 80 feet to 60 feet from the southerly lot
lines.
Dated this 15th day of August, 1995.
•
f
• ndy Kovari
Subscribed and sworn before
ne this 17a- day of
August, 1995.
N' ary P• •lic
OFFICIAL SEAL ;
PLAT AMENDMENT WAIVER
, Elgin Corrugated Box Company , an Illinois
Corporation for good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, hereby con-
sents, agrees, and expressly waives any objection or other
• right or interest it may have to an amendment of the souther-
ly building setback line, landscape easement and temporary
easement line of Lots 1, 2, 3, 4, 5, 8, 10 and 11 of the Fox
Bluff Corporate Center, Elgin, Illinois, as depicted by a
Plat of Subdivision recorded as Document Number 92 K 59007 by
the Kane County Recorder of Deeds, which amendment shall
constitute a reduction of the aforementioned building setback
line from 100 feet to 60 feet, a reduction of the landscape
easement from 50 feet to 20 feet, and a reduction of the
construction easement from 80 feet to 60 feet from the south-
erly lot lines.
Dated this 15th day of August, 1995.
/°.1°.'''
..400c ,sr
Subscribed and sworn before
- me this 1t — day of
-:August, 1995. •
Notary Pub is
" OFFICIAL SEAL "
DENISE M. ELANKEN
NOIARr PUBIC. STATE OF ILLINOIS
MY COMMISSION EXPIRES 8/7/96 Exhibit D
- 9-556968 566O748
t -
. a
PLAT AMENDMENT WAIVER
Federal Aviation Administration , an Agency of
the Federal Government for good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged,
hereby consents, agrees, and expressly waives any objection
or other right or interest it may have to an amendment of the
southerly building setback line, landscape easement and tempo-
rary easement line of Lots 1, 2, 3, 4, 5, 8, 10 and 11 of the
Fox Bluff Corporate Center, Elgin, Illinois, as depicted by a
Plat of .Subdivision recorded as Document Number 92 K 59007 by
the Kane County Recorder of Deeds,, which amendment shall
constitute a reduction of the aforementioned building setback
line from 100 feet to 60 feet, a reduction of the landscape
easement from 50 feet to 20 feet, and a reduction of the
construction easement from 80 feet to 60 feet from the south-
erly lot lines. -
Dated this 15th day of August, 1995.
/624 - I. .441 :::____ .
Subscribed and sworn before
me this /S' day of
August, 1995.
Lary Publ c
OFFICIAL SEAL
MICHAEL GEHRMAN
NOTARY PUBLIC, STATE OF ILLINOIS
M Commission Expires April 19, 1996
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- ���, Agenda Item No. '
_z
,„
August 15, 1995
TO: Mayor and Members of the City Council -
FROM: Richard B. Helwig, City Manager
SUBJECT: Plat Amendment Fox Bluff Corporate Center
PURPOSE
The purpose of this memorandum is to present to the Mayor and
members of the City Council changes in the subdivision plat
for Fox Bluff Corporate Center (FBCC) .
BACKGROUND
The subdivision plat for the Fox Bluff Corporate Center that
was recorded on August 19, 1992 contained the following ease-
ments and restrictions on the south boundary (Elgin/South
Elgin boundary line) of the property:
1. 100 foot building line.
2. 20 foot sewer easement.
3. 80 foot construction easement
4. 50 foot landscape easement
The sewer easement, construction easement and landscape ease-
ment are all contained within the 100 foot rear building line
setback. The 100 foot building setback and the 50 foot land-
scape easement were originally established because it was
anticipated that the South Elgin land use around the southern
boundary with Fox Bluff Corporate Center would be residential.
-Only lots 1 and 2 are adjacent to residential property. The
remainder of the South Elgin property adjacent to the south
- , ::border of the FBCC is zoned as park and manufacturing.
Prospective buyers of property at the FBCC have expressed
concern about the limitations that the current plat require-
ments place on possible development of lots 1, 2, 3, 4, 5, 8,
10 and 11. The CD Concepts current site plan has its build-
ing encroaching 11 feet into the current 100 foot setback. A
prospective buyer is requiring a change in the 100 foot build-
ing line as a part of its proposed acquisition of part of
lots 4 and 5.
Platt Amendment/FBCC
August 15, 1995
rm. Page 2
preparing the following changes to the plat for the proper-
ties that are not adjacent to residential property. The
sewer easement, construction easement and landscape easement
will be contained within the 60 foot rear building line set-
-- !back.
1. 60 foot building line
2. 20 foot sewer easement
3. 40 foot construction easement
4 . 20 foot landscape easement
The current property owners have agreed to the proposed chang-
es (see attached waiver) .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Current property owners in FBCC - FAA, Elgin Corrugated Box
and Olive Can.
FINANCIAL IMPACT
None. While there is no immediate financial impact with the
change, the lots will be more marketable.
LEGAL IMPACT
All owners of the lots must consent to this amendment.
RECOMMENDATION
Authorize revisions to the Fox Bluff Corporate Center Subdivi-
sion Plat as outlined above.
Respectfully submitted,
Pope &cL '1 . `nk0-(11'a
Raymond H. Moller
Director or Business
Services and Properties
?(' LICL416r441'K)
R e K. Dast o
i ector of hl P ing
ames L. Kristiansen
irector of Public Works
Richard B. Helwig
City Manager
amp
r
PLAT AMENDMENT WAIVER
Federal Aviation Administration , an Agency of
the Federal Government for good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged,
hereby consents, agrees, and expressly waives any objection
or other right or interest it may have to an amendment of the
southerly building setback line, landscape easement and tempo-
rary easement line of Lots 1, 2, 3, 4, 5, 8, 10 and 11 of the
Fox Bluff Corporate Center, Elgin, Illinois, as depicted by a
Plat of .Subdivision recorded as Document Number 92 K 59007 by
the Kane County Recorder of Deeds, which amendment shall
rconstitute a reduction of the aforementioned building setback
line from 100 feet to 60 feet, a reduction of the landscape
easement from 50 feet to 20 feet, and a reduction of the
construction easement from 80 feet to 60 feet from the south-
erly lot lines. -
Dated this 15th day of August, 1995.
/Add - —, A 4.. .411
4(
Subscribed and sworn before
ne this /S& day of
August, 1995.
Lary Public
4 OFFICIAL SEAL
t/MICGEHRMAN
HAEL
OTARY PUBLIC, STATE OF ILLINOIS
Commission Expires April 19, 1996
yI∎Ir'∎IM 1'VmI∎vvIrr
C
PLAT AMENDMENT WAIVER
Olive Can Company , an Illinois Corporation
for good and valuable consideration, the receipt and suffi-
ciency of which is hereby acknowledged, hereby consents,
agrees, and expressly waives any objection or other right or
interest it may have to an amendment of the southerly build-
ing setback line, landscape easement and temporary easement
line of Lots 1, 2, 3, 4, 5, 8, 10 and 11 of the Fox Bluff
Corporate Center, Elgin, Illinois, as depicted by a Plat of
Subdivision recorded as Document Number 92 K 59007 by the
Kane County Recorder of Deeds, .which amendment shall consti-
tute a reduction of the aforementioned building setback line
from 100 feet to 60 feet, a reduction of the landscape ease-
ment from 50 feet to 20 feet, and a reduction of the construc-
tion easement from 80 feet to 60 feet from the southerly lot
lines.
Dated this 15th day of August, 1995.
Subscribed 4nd sworn before
me this \5— day of ` OFFICIAL SEAL "
August, 1995. ALLISON ANN WIENBERG
NOTARY PUBLIC,STATE OF ILLINOIS
�1/41/`t1 MY COMMISSION EXPIRES 11/7/98
Notary Public
r
PLAT AMENDMENT WAIVER
Bowes Road Partnership , an Illinois Partner-
ship for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, hereby consents,
agrees, and expressly waives any objection or other right or
interest it may have to an amendment of the southerly build-
ing setback line, landscape easement and temporary easement
line of Lots 1, 2, 3, 4, 5, 8, 10 and 11 of the Fox Bluff
Corporate Center, Elgin, Illinois, as depicted by a Plat of
Subdivision recorded as Document Number 92 K 59007 by the
Kane County Recorder of Deeds, which amendment shall consti-
tute a reduction of the aforementioned building setback line
from 100 feet to 60 feet, a reduction of the landscape ease-
ment from 50 feet to 20 feet, and a reduction of the construc-
tion easement from 80 feet to 60 feet from the southerly lot
lines.
Dated this 15th day of August, 1995.
ndy Kovari
Subscribed and sworn before
me this 17 day of
August, 1995.
N, ary Pd •lic
OFFICIAL SEAL •
MICHAEL GEHRMAN t
NOTARY PUBLIC, STATE OF ILLINOIS
4 My Commission Expires April 19, 19%
■■■•■■•■•■• ■•■ ■•■■
a
•
PLAT AMENDMENT WAIVER
Elgin Corrugated Box Company , an Illinois
Corporation for good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, hereby con-
sents, agrees, and expressly waives any objection or other
right or interest it may have to an amendment of the souther-
ly building setback line, landscape easement and temporary
easement line of Lots 1, 2, 3, 4, 5, 8, 10 and 11 of the Fox
Bluff Corporate Center, Elgin, Illinois, as depicted by a
Plat of Subdivision recorded as Document Number 92 K 59007 by
the Kane County Recorder of Deeds., which amendment shall
constitute a reduction of the aforementioned building setback
line from 100 feet to 60 feet, a reduction of the landscape
easement from 50 feet to 20 feet, and a reduction of the
construction easement from 80 feet to 60 feet from the south-
erly lot lines.
Dated this 15th day of August, 1995.
Subscribed arid sworn before
me this 151 •• day of
»August, 1995. •
Notary Pub c
r
" OFFICIAL SEAL "
DENISE M. BLANKEN
NOTARY PUBLIC. STATE OF ILLINOIS
MY COMMISSION EXPIRES 8/7/96