95-268 JULY, 2007
IN REVIEWING THIS FILE,IT WAS DETERMINED THAT AN EXECUTED COPY
OF THE AGREEMENT LISTED BELOW WAS NEVER RETURNED TO THE
CLERK'S OFFICE.
ALL THAT IS AVAILABLE IS THE ATTACHED DRAFT COPY OF THE
AGREEMENT AND ITS SUPPORTING PAPERWORK.
REFERENCE: RESOLUTION NO. 95-268
PASSED: DECEMBER 20, 1995
SUBJECT: AGREEMENT WITH GERALD J. KOPANSKI FOR TRANSFER OF
SPECIAL USE REGARDING THE PROPERTY AT 1414 DUNDEE
AVE.
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Resolution No. 95-268
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT REGARDING TRANSFER OF
SPECIAL USE AT 1414 DUNDEE AVENUE
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 an
Agreement Regarding Transfer of Special Use at 1414 Dundee
Avenue on behalf of the City of Elgin with Gerald J. Kopanski,
a copy of which is attached hereto and made a part hereof by
reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: December 20, 1995
Adopted: December 20, 1995
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
Elm n
��of! 1 Agenda Item No.
.74
�+ern rFe
November 28, 1995
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: 1414 Dundee Avenue - Agreement Regarding Transfer
of Special Use
PURPOSE
To present for City Council consideration an agreement con-
senting to future transfers of the special use at 1414 Dundee
Avenue.
BACKGROUND
Gerald Kopanski is the owner of the property at 1414 Dundee
• Avenue. The property is improved with a used car business
under the business name of Transportation Unlimited.
Mr. Kopanski previously brought suit against the City in the
Circuit Court of Kane County seeking a court order directing
the City to issue a special use for an open sales lot. On
April 10, 1989, the court entered an order directing the City
Council to issue a special use for an open sales lot subject
to reasonable restrictions as to density of vehicles, screen-
ing, lighting and subject to the restriction that the special
use permit . be granted to Gerald Kopanski only and that any
transfer may be restricted. On June 28, 1989, the City Coun-
cil passed Ordinance No. G57-89, which provided for the grant-
ing of a special use for ,an open sales lot for the property.
Paragraph 5 of Section 2 of the ordinance provided that the
special use permit granted therein was granted to Mr. Gerald
Kopanski, d/b/a Transportation Unlimited and that such spe-
cial use permit may not be transferred, sold or utilized by
any other person or entity without the prior approval of the
City Council of the City of Elgin.
r
1414 Dundee Avenue
November 28, 1995
Page 2
eft
Mr. Kopanski has requested that the City Council agree to the
transfer of the special use permit to any and all successors
and assigns of the property. In exchange for the City' s
agreement regarding the transfer of the special use permit,
Mr. Kopanski has agreed to perform certain earth' work, pave-
ment, parking and landscape improvements on the property now
required under current codes. Specifically, Mr. Kopanski
would be adding a handicap parking space and delineating five
additional regular spaces, closing an old curb cut along
Route 25, adding a six foot barrier curb and providing addi-
tional landscaping on the property including five trees .
Under the terms of the proposed agreement Mr. Kopanski would
commence the specified earth work, pavement, parking and
landscaping improvements as detailed on an attached . site plan
within 180 days . The City' s consent to the future transfers
of the special use would be effective upon completion and
approval of the improvements.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
eft. None.
LEGAL IMPACT
The inclusion of a restriction on future transfers of a spe-
cial use is unusual and not typically included within any
special use or conditional use ordinance. City Council ap-
proval is required to allow Mr. Kopanski to sell the business
at the property.
RECOMMENDATION
Approval of the agreement.
Respectfully submitted,
Erwi W. Je sch
Corporation Counsel
•
Richard B. Helwig
City Manager
r
WAC/mg
C-
S
oek
Resolution No. 95-268
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT REGARDING TRANSFER OF
SPECIAL USE AT 1414 DUNDEE AVENUE
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 an
Agreement Regarding Transfer of Special Use at 1414 Dundee
Avenue on behalf of the City of Elgin with Gerald J. Kopanski,
a copy of which is attached hereto and made a part hereof by
reference.
Kevin Kelly, Mayor
Presented: December 20, 1995
Adopted:
Vote: Yeas Nays
Recorded:
Attest:
Dolonna Mecum, City Clerk
tek
AGREEMENT REGARDING TRANSFER OF SPECIAL USE AT
1414 DUNDEE AVENUE
THIS AGREEMENT made and entered into this day of
, 1995, by and between the City of Elgin, an Illinois
municipal corporation (hereinafter referred to as the "City" ) ,
and Gerald J. Kopanski, doing business as Transportation
Unlimited (hereinafter referred to as "Kopanski" ) .
WITNESSETH:
WHEREAS, Kopanski is the owner of the property commonly
known as 1414 Dundee Avenue, Elgin, Kane County, Illinois, and
legally described on Exhibit A hereto (hereinafter referred to
as the "subject property") ; and
WHEREAS, in proceedings in the Circuit Court of Kane
County under General Number MR KA 87051, the Court entered
an order on April 10, 1989 directing the City Council of the
City of Elgin to issue a special use permit for an open sales
lot for the subject property subject to reasonable
restrictions as to density of vehicles, screening, lighting
and subject to the restriction that the special use permit be
granted to Kopanski only and that transfer may be
restricted; and
WHEREAS, on June 28, 1989, the City Council of the City
of Elgin passed Ordinance No. G57-89 which provided for the
granting of a special use for an open sales lot for the
subject property; and
WHEREAS, paragraph 5 of section 2 of said ordinance
provided that the special use permit granted therein was
granted to Mr. Gerald Kopanski, d/b/a Transportation
Unlimited and that such special use permit may not be
transferred, sold or utilized by any other person or entity
without the prior approval of the City Council of the City of
Elgin; and
WHEREAS, Kopanski has requested that the City Council
of the City of Elgin agree to the transfer of the special use
permit to any and all successors and assigns of the subject
property; and
WHEREAS, in exchange for the City' s agreement regarding
the transfer of the special use permit Kopanski has agreed
to perform certain earth work, pavement, parking and landscape
improvements on the subject property which are required by
current codes; and
WHEREAS, the City Council of the City of Elgin has
determined that the public health, safety and welfare does not
require the continued restriction on the transfer of the
-2-
r
privileges under the special use permit and that the City
should agree to approve the transfer of the special use permit
to all successors and assigns of the subject property subject
to the terms and conditions of this agreement.
NOW, THEREFORE, for and in consideration of the mutual
promises and undertakings contained herein, and for other good
and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto agree as
follows :
1 . That the foregoing recitals are incorporated into
this Agreement in their entirety.
2 . That Kopanski agrees to within 180 days hereof to
commence the earth work, pavement, parking and landscaping
improvements as detailed on the Site Plan and Details prepared
by Transportation Unlimited dated November 11, 1994, a copy of
which is attached hereto as Exhibit B, and to proceed with the
completion of said work in a timely, reasonable and
workmanlike manner.
3 . That the City Council of the City of Elgin hereby
agrees to the transfer, sale or utilization of the special use
tow permit granted pursuant to Ordinance G57-89 from Gerald
Kopanski, d/b/a Transportation Unlimited to any and all
successors and assigns of the subject property, it being the
intention of the City Council to hereby consent to the
unlimited transfer, sale or utilization of the special use
permit without restriction and further City Council approval.
This consent of the City Council shall be deemed effective
upon completion of the improvements by Kopanski as set forth
in the preceding paragraph hereof. The Director of the City's
Planning Department is authorized to issue a letter to
Kopanski upon completion of such improvements confirming the
improvements have been installed and completed.
The parties have executed this Agreement on the date and
year first written above.
CITY OF ELGIN
By
Kevin Kelly Gerald J. Kopanski
Mayor
Attest:
City Clerk
• • •
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April 24, 1991
MEMORANDUM
TO: Loni Mecum, City Clerk
FROM: Erwin W. Jentsch, Corporation Counsel
SUBJECT: Ordinance G20-75, as Amended by Ordinance G79-80
Attached for your records is a letter in which the property
owner irrevocably abandons the special use granted for
commercial development at McLean B ulevard and Route 20.
EW
nr
Attachment
cc: Director of Planning, w/attachment
/'
THE ARGENT GROUP
312 West Belden Avenue
Chicago, Illinois 60614
(312) 525-1955
FAX (312) 525-8588
April. 15 . 1991
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Erwin W . Jentsch
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin , IL 60120
Dear Mr . Jentsch :
In response to your letter to Mr . Heimberg dated April 3 , 1991 ( a
copy of which is attached hereto ) , set forth below is the
property owner ' s election to irrevocably abandon the special use
which was granted pursuant to Ordinancne No . G20-75 . as amended
by Ordinance No . G79-86 , so that the property is classified as a
B3 Service Business District under the provisions of the City of
Elgin Zoning Ordinance .
Very truly yours .
ARGENT REAL ESTATE CORPORATION
By : t
Its : f17L'i l4't
The undersigned hereby irrevocably abandons the special use which
was granted pursuant to Ordinance No . G20-75 , as amended by Or-
dinance No . G79-86 so that the property is classified as a B3
Service Business District under the provisions of the City of El-
gin Zoning Ordinance . The undersigned also acknowledges that sub-
mission of this letter to Mr . Jentsch will satisfy the first Tar-
get Date set forth in Section 11 . 01 ( iii ) (a ) of the Agreement to
Purchase Vacant Land dated March 14 , 1991 by and between the un-
dersigned and Argent Real Estate Development Corp .
AMERICAN NATIONAL BANK AND
TRUST COMPANY OF CHICAGO , not
individually , but as Trustee
U/T/A dated August 21 , 1975 and
known as Trust No . 91275
Its : / aND//eCe it', i/d PKC
BURNHAM-MOREL PARTNERSHIP an �f` . " V, :e,)les',r,ta±ion,
Illinois/ / ited/•artnriN
By :
Its : General Partner Agg
Limited Partners
pate April 1L , P 91
American National Bank
and Trust Company of Chicago
33 NORTH LA SALLE STREET.CHICAGO.ILLINOIS 60690
You ore hereby authorized and directed to execute and deliver the following described document (o copy
of which is attached hereto) in your capacity os Trustee under your Trust No. 91275 .
Description of Document:
Letter to : Erwin W. Jentsch
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin , IL 60120
In making this direction, the undersigned certifies and warrants that all of the representations and certifications
contained in any of these documents are true statements of fact.
Description of property:
American National Bank and Trust Company of Chiago . Not individually ,
but as Trustee U/ I/A dated August 21 , 1975 and known as Trust No . 91275 .
Vacant parcel located at Mclean Boulevard and Route 20
By-Pass
Street address of property
Deliver to
Address
//
/ /
AM
IllrGerald S . Gidwitz
General Partner Burnham-Norel
Parternship, an Illinois
Received the above described documents. Limited Partnership.
Dote
DO NOT USE THIS FORM FOR TRUSTEE'S DEED
Form 1568 1/65 APPROPRIATE FORM WILL BE FURNISHED ON REQUEST