01-171 Resolution No. 01-171
RESOLUTION
AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT
(1101 Nolan Road)
WHEREAS, the owners of record of certain territory described in
Exhibit A, attached hereto and made a part hereof by reference, desire
annexation of said territory to the City of Elgin; and
WHEREAS, said territory not a part of any other municipality; and
WHEREAS, no electors reside on the subject territory; and
WHEREAS, the corporate authorities of the City of Elgin desire to
annex said territory upon certain terms and conditions; and
WHEREAS, a proposed annexation agreement has been filed with the
City Clerk and a public hearing has been held after due notice as
required by law and all persons appearing and wishing to testify
concerning the proposed annexation agreement have been heard; and
WHEREAS, it is the considered opinion of the corporate
authorities of the City of Elgin that it is in the best interests of
the City of Elgin to enter into said annexation agreement as proposed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS :
Section 1 . That the Mayor and City Clerk of the City of Elgin
be and are hereby authorized and directed to execute on behalf of the
City of Elgin an annexation agreement in the form attached hereto as
Exhibit A and incorporated herein by reference .
Section 2 . That this resolution shall be effective from and
after its passage as provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 27, 2001
Adopted: June 27, 2001
Omnibus Vote: Yeas: 7 Nays : 0
Recorded:
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
03/ 11/ 98
ANNEXATION AGREEMENT
TS AGREEMENT made and entered into this ”kit day of
-� 0 o 1 -mss by and between the City of Elgin,
I1 inois , a Municipal Corporation, of the Counties of Cook and
Kane, in the State of Illinois (hereinafter referred to as
"City" ) , and , (hereinafter
referred to as "Owner" ) ;
WHEREAS , Owner is the owner of record of the real property
described in Exhibit " A , " which is attached hereto and made a
part hereof (which real property, for convenience , is hereafter
referred to as the "Subject Property" ) and which real estate is
not within the corporate limits of any municipality but is
contiguous to the corporate limits of the City of Elgin; and
WHEREAS , Owner desires to annex the Subject Property to the City
upon terms and conditions recited in this agreement ; and
WHEREAS , Owner , after full consideration , recognizes the many
advantages and benefits resulting from the annexation of the
Subject Property to the City; and
WHEREAS, the Subject Property is not included within the
corporate limits of any municipality; and
WHEREAS, the Subject Property constitutes territory which is
contiguous to and may be annexed to the City of Elgin as provided
in Article 7 of the Illinois Municipal Code ( 65 ILCS 5/7- 1- 1 et.
seq. , 1993 ) ; and
WHEREAS, the Subject Property is located within the South Elgin
and Countryside Fire Protection District , and whereas each of
the Trustees of said District was notified in writing by
certified or registered mail at least ten ( 10 ) days in advance of
any action taken with respect to the annexation of the Subject
Property, and whereas an affidavit that service of the said
notice had been provided has been filed with the County Recorder ;
and
WHEREAS, the Subject Property is located within
Elgin Township , and whereas the Township
Commissioner of Highways and each of the Trustees of said
Township were notified in writing by certified or registered mail
at least ten ( 10 ) days in advance of any action taken with
respect to the annexation of the Subject Property, and whereas an
affidavit that service of the said notice had been provided has
been filed with the County Recorder; and
WHEREAS, the Mayor and City Council of the City (Corporate
Authorities ) have duly set a date , time, and place for a public
hearing on this Annexation Agreement and have caused due notice
to be made of said public hearing through publication in the
Daily Courier News , a newspaper of general circulation in the
community, and the City has held such public hearing; and
WHEREAS, the Corporate Authorities of the City, after due and
careful consideration , have concluded that the annexation of the
Subject Property to the City on the terms and conditions
hereinafter set forth is in the best interests of the City; and
WHEREAS, pursuant to notice as required by statute and ordinance
public hearings were held by the Planning and Development
Commission and the Zoning and Subdivision Hearing Board, as
applicable , of the City on the requested zoning of the Subject
Property.
NOW THEREFORE, in consideration of the premises and of the mutual
covenants and agreements herein contained, IT IS HEREBY AGREED AS
FOLLOWS:
ONE: This Agreement is made pursuant to and in accordance
with the provisions of Section 11 of the Illinois Municipal Code
( 65 ILCS 5/ 11- 15 . 1- 1 et. seq. , 1991 ) , and in the exercise of the
home rule power of the City.
TWO: The Corporate Authorities of the City, within thirty
( 30 ) days following the execution of the Agreement, and the
receipt of a current title report verifying owners of record of
the Subject Property by the City Clerk , and the filing of Owner ' s
Petition for Annexation in form and substance as required by law,
and dedication of any land or payment of any roadway improvement
contributions required under the City of Elgin Statement of
Policy - Development Contributions for Roadways , and the receipt
of a certified copy of the ordinance annexing the Subject
Property to the Fox River Water Reclamation District (FRWRD ) ,
shall pass an ordinance annexing the Subject Property to the
City.
THREE: Immediately after passage of the ordinance annexing
the Subject Property, as provided in Paragraph Two hereof, the
Corporate Authorities of the City shall pass an ordinance
classifying the Subject Property as depicted on the attached
Zoning Plat, if any; and an ordinance granting a conditional use,
if any; and a resolution approving the subdivision of the
property as depicted on the attached Preliminary Plat ; if any.
Owner shall be allowed to seek final approval for portions of the
Subject Property as subdivided and shall not be required to
submit a final plat thereof as a single unit , but may submit for
approval in accordance with applicable ordinances of the City
such plats for phased development of the Subject Property as the
Owner may determine, and as the City may approve .
FOUR: Owner represents that off-site utility easements
required to serve the Subject Property are described on Exhibit
" D " . The City agrees that in the event Owner is unable to
obtain said utility easements over, under, across , or through
property not owned by the City or under the City' s control which
may be necessary or appropriate for the development of the
Subject Property at a cost and on conditions acceptable to Owner ;
the City shall use, to the full extent permitted by law, its
eminent domain power to secure such easements . Prior to
commencing any condemnation action, Owner shall submit, for City
review and approval , written documentation demonstrating that
Owner has pursued reasonable alternatives for the acquisition of
such easements , and Owner shall deposit with City the amount of
funds necessary to pursue eminent domain action . All such
actions by the City shall be at no cost to the City, which costs
shall be borne solely by the Owner. The City shall issue no
building permits until the required utility easements have been
secured and recorded.
FIVE: Owner shall comply with the Elgin Municipal Code
( E.M.C. ) Title 17 - Development Impact Fees . To the extent it
may lawfully do so, the City shall administer and apply the
provisions of Title 17 in a uniform manner.
SIX: Owner agrees that the Subject Property shall be
developed in conformance with the open space policies included in
the Far West Area Plan , an amendment to the Elgin Comprehensive
Plan, and attached hereto as Exhibit " F " .
SEVEN: Owner shall cause all portions of Subject Property
depicted on a Preliminary Plat as wetlands , screening berms and
entry ponds , common open space areas , storm water retention
areas , and dry detention areas either to. be retained by Owner or
to be conveyed to a Property Owners Association or associations
consisting of the owners of all property located in areas
designated by Owner ; unless said areas are to be dedicated for
public ownership and maintenance at the City' s request. A
Declaration or Declarations of Covenants , Conditions and
Restrictions requiring that the Association or associations own
and maintain areas conveyed thereto shall be submitted to City
for review and approval prior to final plat approval , said
Declaration to be filed for recording, at Owner ' s expense, with
the final plat for the applicable phase of Subject Property as
Owner may determine .
EIGHT: Except as specifically permitted pursuant to
variation or planned development approval , or paragraphs NINE and
TEN of this agreement, all aspects of the development and use of
the Subject Property and construction and installation of
improvements thereon , both on-site and off-site , shall comply
fully with all applicable 'City ordinances and codes .
NINE: If during the term of this Agreement and after final
plat or planned development approval ; any existing, amended,
modified or new ordinances , codes , or regulations of general
applicability throughout the community to a land developer or
subdivider affecting the installation of land improvements
( streets , underground utilities , sidewalks , curbs , and gutters )
upon the Subject Property are amended or modified in any manner
to impose additional requirements on the installation of land
improvements within the City, the burden of such additional
requirements shall not apply to the Subject Property. This
section shall not apply to any changes in fees imposed by the
City. City agrees that there shall be no unreasonable or
discriminatory changes in the method of calculation of fees
applicable to the Subject Property.
TEN: If, during the term of this Agreement, any existing,
amended , modified, or new ordinances , codes, or regulations
affecting the zoning, subdivision, development, construction of
improvements , buildings , or appurtenances , or other regulatory
ordinances regarding the public health, safety and welfare are
amended or modified in any manner to impose less restrictive
requirements on the development of, or construction upon ,
properties within the City, then the benefit of such less
restrictive requirements shall inure to the benefit of Owner, and
anything to the contrary contained herein notwithstanding, Owner
may elect to proceed with respect to the development of, or
construction upon, the Subject Property upon the less restrictive
amendment or modification- applicable generally to all properties
within City .
ELEVEN: City hereby agrees to allow Owner to tie into the
existing sanitary sewer lines of the City, at Owner ' s expense ,
subject to payments required under any outstanding reimbursement
ordinances , and with payment of all applicable fees . At Owner ' s
expense , City agrees to co-operate with Owner in obtaining all
necessary Illinois Environmental Protection Agency ( I . E. P .A. )
permits required for such sanitary sewer systems and tie-ins .
Owner shall bear all costs for extensions , tie-ins , and permits
consistent with applicable City ordinances . Owner shall be
responsible for the extension of sewer lines to the far edges of
the Subject Property subject to review and approval by the City
Engineer . Owner shall install sewer line extension improvements
on the Subject Property in compliance with Final Engineering Plan
approved by the City Engineer for each phase of the development.
TWELVE: City hereby agrees to allow Owner to tie into the
existing water lines of the City, at Owner ' s expense, subject to
payments required under any outstanding reimbursement ordinances ,
and with the payment of applicable fees . At Owner ' s expense,
City agrees to cooperate with Owner in obtaining all necessary
Illinois Environmental Protection Agency ( I . E.P.A. ) permits
required for such water main extensions and tie-ins . Owner shall
bear all costs for extensions , tie-ins , and permits consistent
with applicable City ordinances . Owner shall be responsible for
the extension of water mains to the far edges of the Subject
Property subject to review and approval by the City Engineer.
Owner shall install water line extension improvements on the
Subject Property in compliance with Final Engineering Plan
approved by the City Engineer for each phase of the development .
THIRTEEN: Upon review and recommendation by the City
Engineer, the City Council shall accept all public rights-of-way
and improvements located thereon , sanitary sewers , storm drainage
sewers, and water mains lying within public rights-of-way or
public easements on the Subject Property. Any improvements
located in private rights-of-way shall be installed in easements
dedicated for and acceptable to the City. The sewer and water
service lines ( from the buffalo box to the residential or
commercial unit, as the case may be) shall not be owned or
maintained by the City. Owner shall replace or repair damage to
public improvements installed within , under or upon the Subject
Property resulting from construction activities by Owner and its
employees , agents , contractors , and subcontractors prior to final
acceptance by the City, but shall not be deemed hereby to have
released any such other party from liability or obligations in
this regard . Acceptance of public improvements by the City shall
be consistent with applicable City ordinances .
FOURTEEN: Owner shall comply with the City of Elgin
Statement of Policy - Development Contributions for Roadways
attached as Exhibit " " prior to the approval of an ordinance
annexing the Subject Property.
FIFTEEN: Owner of property to be annexed and zoned in a
residential classification shall construct, or cause to be
constructed, principal residential structures in substantial
conformance with the building elevations attached as Exhibit
" . Substantial conformance shall include, but not be
limited to, general architectural style and building materials .
SIXTEEN: This Agreement shall be enforceable in any court
of competent jurisdiction by any of the parties or by an
appropriate action at law or in equity to secure the performance
of the covenants herein contained. Notwithstanding the forgoing,
no action shall be commenced by the Owner against the City for
monetary damages .
SEVENTEEN: This Annexation Agreement shall be in effect for
a period of 10 years from the date of execution hereof and
shall be binding upon and inure to the benefit of the parties
hereto, and their heirs , successors and assigns of all or any
part of the Subject Property .
EIGHTEEN: Owner shall be responsible for costs associated
with filing and recording of the plat of annexation and any plat
or plats of subdivision or planned development for the Subject
Property.
NINETEEN: If any provision of this Agreement is held
invalid by a court of competent jurisdiction or in the event such
a court shall determine that the City does not have the power to
perform any such provisions , such provisions shall be deemed to
be excised herefrom and the invalidity thereof shall not affect
any of the other provisions contained herein. Such judgement or
decree shall relieve the City from performance under such invalid
provision of this Agreement .
TWENTY: This Agreement can be amended, in writing, at any
time , by the mutual consent of all parties to this Agreement, in
the manner provided by law.
See Paragraph TWENTY-ONE below
IN WITNESS WHEREOF, The Elgin Corporate Authorities and Owner
have hereunto set their hands and seals and have caused this
instrument to be executed by their duly authorized officials and
the corporate seal affixed hereto, all on the day and year first
above written .
Attest : CITY OF ELGIN, ILLINOIS
City Clerk Mayor
Attest :
Secretary President
"TWENTY-ONE: The Rider dated June , 2001 , and attached hereto,
and the terms and provisions set forth therein, are hereby made a part of
and incorporated into this Agreement."
RIDER TO ANNEXATION AGREEMENT BETWEEN THE CITY OF ELGIN
AND UNION NATIONAL BANK AND TRUST COMPANY OF ELGIN,
AS TRUSTEE UNDER TRUST AGREEMENT DATED MARCH 10, 1992,
AND KNOWN AS TRUST NO. 1395
This Rider is attached to, and incorporated within, an
Annexation Agreement dated June 93 , 2001, by and between the
CITY OF ELGIN, ILLINOIS, a municipal corporation of the Counties
of Cook and Kane, in the State of Illinois (hereinafter referred
to as "City" ) , and UNION NATIONAL BANK AND TRUST COMPANY OF ELGIN
AS TRUSTEE UNDER TRUST AGREEMENT DATED MARCH 10 , 1992 AND KNOWN
AS TRUST NO. 1395 (hereinafter referred to as the "Owner" ) . To
the extent there exists or may exist any conflict between the
terms and provisions of this Rider and the terms and provisions
of the preceding form Annexation Agreement, the terms and
provisions of this Rider shall be deemed to be controlling and
shall supersede any such conflicting terms and provisions of said
form agreement .
I . The heading and introductory paragraph of the Agreement are
hereby deleted in their entirety and the following are inserted
in lieu thereof :
'ANNEXATION AGREEMENT
(Union Trust Parcel)
THIS AGREEMENT made and entered into this ZiAkday of June,
2001, by and between THE CITY OF ELGIN, ILLINOIS, a Municipal
Corporation, of the Counties of Cook and Kane, in the State of
Illinois (hereinafter referred to as "City" , and UNION NATIONAL
BANK AND TRUST COMPANY OF ELGIN, as Trustee under Trust Agreement
dated March 10, 1992 and known as Trust No. 1395
(hereinafter referred to as the "Owner" ) ; "
II. The eighth "Whereas Clause" of the Agreement is hereby
deleted in its entirety and the following is inserted in lieu
thereof :
"WHEREAS, the Mayor and City Council of the City ("Corporate
Authorities" ) have duly set a date, time, and place for a public
hearing on this Annexation Agreement and have caused due notice
to be made of said public hearing through publication in the
Daily Courier News, a newspaper of general circulation in the
community, and the City has held such public hearing; and"
III. The following sentence is hereby added to the end of
Paragraph TWO of the Agreement :
"The annexation plat for the subject ordinance shall be in the
Zoning.untrust.rdr
form of Exhibit "B" attached hereto and made a part hereof ."
IV. Paragraph THREE of the Agreement is hereby deleted in its
entirety and the following is inserted in lieu thereof :
"THREE A. Immediately after the passage of the Ordinance
annexing the Subject Property, the Corporate Authorities shall
pass or adopt an ordinance approving a PSFR2 planned single
family residence district for the Subject Property in the form
attached hereto as Exhibit C. Notwithstanding the foregoing,
before any development of the Subject Property the Owner shall be
required to submit to the City for public hearing and City
Council approval a preliminary site plan and associated
preliminary plat of subdivision. As part of such submittals to
the City, the Owner shall also submit to the City for its
approval an appropriate set of covenants with respect to the
Subject Property which shall, among other matters, include
housing design requirements, lot size, square footage of
buildings and building materials to the standards as set forth in
the PSFR2 zoning ordinance for the Subject Property attached
hereto as Exhibit C. All residential structures on the Subject
Property shall be designed and constructed in compliance with the
requirements as set forth in the PSFR2 zoning ordinance for the
Subject Property attached hereto as Exhibit C and with the
covenants to be developed as provided in this section. Said
covenants shall be recorded simultaneously with the recording of
the final plat for the Subject Property. The private covenants
may be modified or amended by the Owner, but as to amendments or
revisions effecting house design issues (including, but not
limited to, lot size, square footage of buildings, building
materials or garage design) such amendments or revisions shall
require the prior approval of the City Council of the City of
Elgin.
B. Except as otherwise provided for in this Agreement, no
changes or amendments in the Zoning Ordinance of the City which
shall directly or indirectly adversely affect the use or
development of the Subject Property shall be of any effect unless
applicable to all areas of the City.
C. Owner shall be allowed to seek final approval for portions
of the Subject Property as subdivided and shall not be required
to submit a final plat thereof as a single unit, but may submit
for approval in accordance with applicable ordinances of the City
such plats for phased development of the Subject Property as the
Owner or Developer may determine and as the City may approve.
V. Paragraph FIVE of the Agreement is hereby deleted in its
entirety and the following is inserted in lieu thereof :
"FIVE: Owner shall comply with the Elgin Municipal Code (E.M.C. )
Zoning.un trust.rdr
Title 17 - Development Impact Fees . Notwithstanding the
foregoing, it is agreed and understood that the City is currently
in the process of a comprehensive review and possible amendment
of its various impact fees and the adoption of new and additional
fees and contribution requirements, including without limitation,
the adoption of a new library district capital improvement
contribution, a new park capital improvement contribution, and a
new public safety building capital improvement contribution. It
is further agreed and understood that any new, amended, and/or
increased impact fees and other fees and/or contribution
requirements adopted by the City and which are generally
applicable to development of property such as the Subject
Property shall apply to the development of the Subject Property
and shall be paid by the Owner. Owner hereby waives any and all
rights to any and all legal challenges thereto.
VI. Paragraph NINE of the Agreement is hereby deleted in its
entirety and the following is inserted in lieu thereof :
"NINE: If during the term of this Agreement and after final plat
or planned development approval, any existing, amended, modified,
or new ordinances, codes, or regulations of general applicability
throughout the community to a land developer or subdivider
affecting the installation of land improvements (streets,
underground utilities, sidewalks, curbs, and gutters) upon the
Subject Property are amended or modified in any manner to impose
additional requirements on the installation of land improvements
within the City, the burden of such additional requirements shall
not apply to the Subject Property. The provisions of this
Paragraph NINE shall not apply to codes or ordinances regarding
the construction of dwelling units nor to any changes in fees or
contribution requirements imposed by the City. "
VII . Paragraph FOURTEEN of the Agreement is hereby deleted in
its entirety and the following is inserted in lieu thereof :
"FOURTEEN: A. The City currently has a policy regarding required
roadway contributions, which policy (the "Existing Policy" ) is
attached hereto as Exhibit E-l . Owner acknowledges that the City
is currently contemplating the enactment of a new roadway
contribution ordinance, a preliminary draft of which is attached
hereto as Exhibit E-2 (the "Proposed New Roadway Policy" ) .
B. The date which is later of (1) the date of annexation of the
Subject Property by the City or (2) the arrival of the first
anniversary of the execution of this Agreement shall hereinafter
be called the "Roadway Contribution Control Date" .
C. If the Subject Property is annexed to the City prior to the
Roadway Contribution Control Date, then the Owner hereby agrees
Zoning.untrust.rdr
to pay a roadway contribution based upon (1) the Proposed New
Roadway Policy or (2) the enacted version of such proposed
policy, whichever may then be in place; provided, however, that
if, as of the Roadway Contribution Control Date, the City either
(x) adopts a different roadway contribution policy than the one
under which the Owner' s or Developer' s payments were based or (y)
elects to retain the Existing Policy, then the Owner' s roadway
contribution requirements shall be retroactively adjusted so as
to conform to such different or existing policy (as the case may
be) .
D. If the Subject Property is not annexed to the City until
after the Roadway Contribution Control Date, then the Owner shall
comply with the roadway contribution policy as has then been
formally adopted by the City.
E. If the Proposed New Roadway Policy (or any similar policy) is
adopted which calculates the required roadway contribution based
upon the amount of net residential acreage contained within the
project, it is agreed that for purposes of making such
calculation as to the Subject Property all "open space" parcels
shall be disregarded.
F. Owner hereby represent and agree that it is contributing such
roadway improvement contributions as an inducement to the City to
annex the Subject Property. Owner further agrees that the
contemplated cash contributions to the City for roadways and the
road improvements which may ultimately be constructed by the City
with such cash contributions are acknowledged and agreed to be
specifically and uniquely attributed to the proposed development
of the Subject Property and the public improvements contemplated
by such cash contributions would not otherwise be anticipated by
the City absent the annexation of the Subject Property. Owner
further acknowledges the propriety, necessity, and legality of
the roadway improvement contributions as provided for herein and
waives any and all rights to any and all legal challenges
thereto. "
VIII. Paragraph FIFTEEN of the Agreement is hereby deleted in
its entirety.
IX. The following is inserted at the end of Paragraph SEVENTEEN
of the Agreement :
"To the extent permitted by law, it is agreed that in the event
the annexation of the Subject Property or the terms of this
Agreement are challenged in any court proceedings, the period of
time during which such litigation is pending shall not be
included in calculating said ten (10) year term or any other time
period provided for in this Agreement . In the event this
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Agreement is not extended by mutual consent prior to the
expiration of such ten (10) year term then, in that event (a)
this Agreement shall be of no further force or effect, (b) the
zoning classifications granted the Subject Property pursuant to
Paragraph THREE hereof shall remain in full force and effect
unless and until amended by ordinance adopted by the City
pursuant to standard rezoning procedures then in effect, and (c)
the development of the remainder of the Subject Property shall
proceed in accordance with all applicable ordinances then and
thereafter in effect in the City of Elgin. The provisions of
this Paragraph SEVENTEEN shall survive the expiration of this
Agreement . "
X. The following paragraphs are hereby inserted in the Agreement
as Paragraph TWENTY-TWO through Paragraph TWENTY-EIGHT, both
inclusive :
"TWENTY-TWO: All notices, elections and other communications
between the parties hereto shall be in writing and shall be
mailed by certified mail, return receipts requested, postage
prepaid, or delivered personally, to the parties at the following
addresses, or at such other addresses as the parties may, by
notice, designate :
If to the City: City of Elgin
150 Dexter Court
Elgin, IL 60120
Att' n: City Clerk
with a copy to: City of Elgin
150 Dexter Court
Elgin, IL 60120
Att'n: Corporation Counsel
If to Owner: Union National Bank and Trust
Company of Elgin Trust # 1395
101 E. Chicago Street,
Elgin, IL 60120
with a copy to: Richard L. Heimberg, Esq.
2425 Royal Boulevard
Elgin , IL 60123
Notices shall be deemed received on the fifth (5th) business day
following deposit in the U. S. Mail, if given by certified mail as
aforesaid, and upon receipt or refusal if personally delivered.
TWENTY-THREE. This Agreement may be executed in any number of
counterparts and duplicate originals, each of which shall be
deemed an original, but all of which shall constitute one and the
same instrument .
Zoning.untrust.rdr
TWENTY-FOUR. In furtherance of the provisions of Paragraph
TWENTY of this Agreement, a power is hereby granted to Richard L.
Heimberg, and his successors and assigns, as attorney-in-fact, to
execute, on behalf of any and all record title holders other than
owner of any portion of the Subject Property from time to time
after the date hereof, such amendments to this Agreement shall be
agreed to from time to time by and between City and Owner,
regardless of the number or subject matter of such amendments .
Unless specifically provided to the contrary in a deed, mortgage,
or other instrument of conveyance, each deed, mortgage, or other
instrument with respect to any portion of the Subject Property,
and the acceptance thereof, shall be deemed a grant and
acknowledgment of, and consent to, such power to said attorney-
in-fact and shall be deemed to reserve to him the power to
execute such amendments to this Agreement as hereinabove set
forth.
Anything herein contained to the contrary notwithstanding, the
power herein granted to said attorney-in-fact may be revoked in a
written declaration of revocation, specifically referring to the
power herein granted, signed by all of the record title holders
of all portions of the Subject Property from time to time, other
than Owner.
TWENTY-FIVE. This Agreement constitutes a covenant running with
the land, binding upon all grantees, successors, and assigns of
the respective parties hereto, including successor corporate
authorities and successor municipalities of the City.
TWENTY-SIX. Wherever a time period exists in this Agreement with
which a party is obligated to perform an act, such time period
shall be deemed automatically extended for the period of
unavoidable delay if the party is unable, through no fault of its
own, to perform such act in a timely manner as a result of war,
Act of God, insurrection, labor unrest, or material shortages,
the inability to pay debts as they become due shall not excuse
timely performances hereunder. "
TWENTY-SEVEN. The Owner shall pay (or reimburse the City for
payment of) the disconnection fee, if any, payable to the South
Elgin and Countryside Fire Protection District under the
provisions of 70 ILCS 705/20 (e) . At the time of annexation the
Owner shall deposit with the City the amount of such
disconnection fee; provided, however, that if such disconnection
fee can not be determined with precision, then the Owner shall
deposit with the City the estimated amount of such disconnection
fee (based on the last ascertainable tax bill) , and upon the
issuance of the final tax bill upon which such calculation and
loss, according to statute, be based, the City and the Owner
shall equitably readjust the amount of such payment .
TWENTY-EIGHT. Within ten (10) days following the execution of
this Agreement, Owner shall enter into and deliver to the City an
Easement Agreement substantially in the form attached hereto as
Exhibit "G" .
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TWENTY-NINE. In addition to those building improvements required
by the Elgin Municipal Code (E.M.C. ) Title 16, the following
building improvements shall also be required:
A. all sanitary sewers shall be overhead sewers; and
B. all structures containig sump pits and pumps shall have
separate lines connecting the sump pump to the storm sewer,
as required by the City Engineer and the Development
Administrator.
THIRTY. The Owner shall cause that portion of Nolan Road being
annexed to be improved to a standard acceptable to the City in
conjunction with the initial phase of any development of the
Subject Property. The City and the Owner agree to enter into a
standard Recapture Agreement whereby the owner of the property to
the west, across Nolan Road, shall pay a proportionate share of
the costs incurred by Owner for the improvement of Nolan Road in
the event such owner annexes such adjacent property and seeks
development approval thereof. The City agrees to give reasonable
consideration allowing the annexed portions of Nolan Road to be
maintained in a "rural cross section" configuration.
THIRTY-ONE. The Owner and the development of the Subject
Property shall comply with the more restrictive provisions of
either the Kane County or the City of Elgin stormwater management
ordinances . The Owner shall be responsible for all costs
associated with the review and approval of the Owner' s stormwater
management submittal ."
XI. The closing paragraph and signature blocks set forth in the
Agreement are hereby deleted and the following are inserted in
lieu thereof .
"IN WITNESS WHEREOF, The Elgin Corporate Authorities and
Owner have hereunto set their hands and seals and have caused
this instrument to be executed by their duly authorized officials
and the corporate seal affixed hereto, all on the day and year
first above written.
Attest : CIY OF ELGIN, ILLINOIS
CiNgiCht".-k PV2-eA.“---
__ Zre---04____
City Clerk Mayor
UNION NATIONAL BANK AND TRUST
COMPANY F ELGIN
By: 21 . 1
(_ a
his Document Executed By
At st Union National Bank, Solely As
Trustee And Not Personally.
Zoning.un trust.rdr i=rED L. SHAW, Pres!d t
LIST OF EXHIBITS
UNION TRUST PARCEL ANNEXATION AGREEMENT
Exhibit A Legal Description of Subject Property
Exhibit B Annexation Plat
Exhibit C PSFR2 Ordinance
Exhibit D Offsite easements or statement that there are none
Exhibit E-1 City Roadway Policy
Exhibit E-2 Proposed New Roadway Policy
Exhibit F Far West Area Plan
Exhibit G Easement Agreement
zoning\untrust.exh
UNION TRUST PARCEL:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 41
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS : COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTH
LINE OF BOWES ROAD AS ESTABLISHED BY DOCUMENT NUMBER 563250 WITH
THE WEST LINE OF SAID QUARTER; THENCE SOUTHERLY ALONG SAID WEST
LINE, 838 . 22 FEET; THENCE EASTERLY ALONG A LINE FORMING AN ANGLE
OF 105 DEGREES 09 MINUTES 59 SECONDS WITH THE LAST DESCRIBED
COURSE (MEASURED CLOCKWISE THEREFROM) , 50 . 82 FEET THE EAST LINE
OF NOLAN ROAD AS ESTABLISHED BY DOCUMENT NUMBER 1232476 FOR THE
POINT OF BEGINNING; THENCE CONTINUING EASTERLY ALONG THE
EXTENSION OF THE LAST DESCRIBED COURSE, 1738 . 30 FEET; THENCE
EASTERLY ALONG A LINE FORMING AN ANGLE OF 165 DEGREES 22 MINUTES
54 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE
THEREFROM) , 687 . 73 FEET TO THE WEST LINE EXTENDED OF A TRACT
CONVEYED TO FRANZ AND HELGA STOCKMAN BY DOCUMENT 1574591; THENCE
NORTHERLY ALONG A LINE FORMING AN ANGLE OF 90 DEGREES 00 MINUTES
37 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE
THEREFROM) BEING SAID WEST LINE EXTENDED AND PARALLEL WITH THE
EAST LINE OF SAID QUARTER, 34 FEET TO THE NORTH BANK OF FITCHIE
CREEK; THENCE EASTERLY, NORTHERLY AND SOUTHEASTERLY ALONG THE
NORTH BANK OF SAID FITCHIE CREEK, 183 FEET MORE OR LESS TO THE
WEST LINE OF EASTERLY 127 . 28 FEET OF SAID QUARTER (MEASURED ALONG
THE NORTH LINE OF SAID QUARTER) ; THENCE SOUTHERLY PARALLEL WITH
THE EAST LINE OF SAID QUARTER, 53 FEET TO A POINT THAT IS 1369 . 00
FEET SOUTHERLY OF THE NORTH LINE OF SAID QUARTER; THENCE EASTERLY
PARALLEL WITH SAID NORTH LINE FORMING AN ANGLE OF 89 DEGREES 48
MINUTES 21 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED
CLOCKWISE THEREFROM) 127 . 28 FEET TO SAID EAST LINE; THENCE
SOUTHERLY ALONG SAID EAST LINE, 1243 . 70 FEET TO THE NORTHERLY
LINE OF A TRACT OF LAND CONVEYED THE COMMONWEALTH EDISON COMPANY
BY DOCUMENT 1320007; THENCE NORTHWESTERLY ALONG SAID NORTHERLY
LINE FORMING AN ANGLE OF 63 DEGREES 47 MINUTES 19 SECONDS WITH
THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) ,
2902 . 55 FEET TO THE EAST LINE OF SAID NOLAN ROAD; THENCE
NORTHERLY ALONG SAID EAST LINE OF NOLAN ROAD FORMING AN ANGLE OF
116 DEGREES 37 MINUTES 37 SECONDS WITH THE LAST DESCRIBED COURSE
(MEASURED COUNTERCLOCKWISE THEREFROM) , 399 . 44 FEET TO THE POINT
OF BEGINNING, IN KANE COUNTY, ILLINOIS.
C:\myfiles\zoning\pultefwa.aa
ee
EXHIBIT A
DRAFT 6/8/01
Ordinance No. G
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY
IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
(Union Trust Property)
WHEREAS , the territory herein described has been annexed to
the City of Elgin; and
WHEREAS, written application has been made to classify said
territory in the PSFR2 Planned Single Family Residence District so
as to permit the subdivision and residential development of said
territory; and
WHEREAS, after due notice in the manner provided by law the
Planning and Development Commission conducted public hearings
concerning said applications and has submitted its written findings
and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has
reviewed the findings and recommendations of the Planning and
Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS :
Section 1 . That Chapter 19 . 07, Section 19 . 07 . 600 entitled
"Zoning District Map" of the Elgin Municipal Code, 1976, as
amended, be and the same is hereby further amended by adding
thereto the following paragraph:
"The boundaries herein before laid out in the 'Zoning District
Map' , as amended, be and are hereby altered by including in
the PSFR2 Planned Single Family Residential District, the
following described property:
PARCEL 1 : THAT PART OF THE SOUTHEAST QUARTER OF SECTION 30 ,
TOWNSHIP 41, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION
OF THE SOUTH LINE OF BOWES ROAD AS ESTABLISHED BY DOCUMENT
NUMBER 563250 WITH THE WEST LINE OF SAID QUARTER; THENCE
SOUTHERLY ALONG SAID WEST LINE 938 .22 FEET; THENCE EASTERLY
ALONG A LINE FORMING AN ANGLE OF 105 DEGREES 09 MINUTES 59
SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE
THEREFROM) , 50 . 82 FEET TO THE EAST LINE OF NOLAN ROAD AS
ESTABLISHED BY DOCUMENT NUMBER 1232476 FOR THE POINT OF
BEGINNING; THENCE CONTINUING EASTERLY ALONG THE EXTENSION OF
THE LAST DESCRIBED COURSE 1738 . 30 FEET; THENCE EASTERLY ALONG
•
}
4HaRI T C
A 96 i��6
A LINE FORMING AN ANGLE OF 165 DEGREES 22 MINUTES 54 SECONDS
WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) ,
687 . 73 FEET TO THE WEST LINE EXTENDED OF A TRACT CONVEYED TO
FRANZ AND HELGA STOCKMAN 5Y DOCUMENT 1574591; THENCE NORTHERLY
ALONG A LINE FORMING AN ANGLE OF 90 DEGREES 00 MINUTES 37
SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE
THEREFROM) BEING SAID WEST LINE EXTENDED AND PARALLEL WITH THE
EAST LINE OF SAID QUARTER, 34 FEET TO THE NORTH BANK OF FITCHIE
CREEK; THENCE EASTERLY, NORTHERLY, AND SOUTHEASTERLY ALONG THE
NORTH BANK OF SAID FITCHIE CREEK, 183 FEET MORE OR LESS TO THE
WEST LINE OF EASTERLY 127 .28 FEET OF SAID QUARTER (MEASURED
ALONG THE NORTH LINE OF SAID QUARTER) ; THENCE SOUTHERLY PARALLEL
WITH THE EAST LINE OF SAID QUARTER, 53 FEET TO A POINT THAT IS
1369 . 00 FEET SOUTHERLY OF THE NORTH LINE OF SAID QUARTER; THENCE
EASTERLY PARALLEL WITH SAID NORTH LINE FORMING AN ANGLE OF 89
DEGREES 48 MINUTES 21 SECONDS WITH THE LAST DESCRIBED COURSE
(MEASURED CLOCKWISE THEREFROM) , 127 .28 FEET TO SAID EAST LINE;
THENCE SOUTHERLY ALONG SAID EAST LINE 1243 . 70 FEET TO THE
NORTHERLY LINE OF A TRACT OF LAND CONVEYED THE COMMONWEALTH
EDISON COMPANY BY DOCUMENT 1320007; THENCE NORTHWESTERLY ALONG
SAID NORTHERLY LINE FORMING AN ANGLE OF 63 DEGREES 47 MINUTES 19
SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED
COUNTERCLOCKWISE THEREFROM) , 2902 . 55 FEET TO THE EAST LINE OF
SAID NOLAN ROAD; THENCE NORTHERLY ALONG SAID EAST LINE OF NOLAN
ROAD FORMING AN ANGLE OF 116 DEGREES 37 MINUTES 37 SECONDS WITH
THE LAST DESCRIBED COURSE (MEASURE COUNTERCLOCKWISE THEREFROM) ,
399 . 44 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS.
PARCEL 2 : THE ENTIRE RIGHT-OF-WAY WHICH LIES BETWEEN THE
EXTENSIONS OF THE NORTHERLY AND SOUTHERLY BOUNDARIES OF
PARCEL 1 . "
Section 2 . That the City Council of the City of Elgin hereby
grants the PSFR2 Planned Single Family Residential District which
shall be designed, developed, and operated subject to the following
provisions :
A. Purpose and Intent. The purpose and intent of this PSFR2
zoning district is to provide a planned urban residential
environment of standardized moderate density for single
family detached dwellings, subject to the provisions of
Chapter 19 . 60 Planned Developments of the Elgin Municipal
Code, 1976, as amended. The PSFR2 District is most
similar to, but may depart in some respects from the
standard requirements of the SFR2 Single Family
Residential District .
2
H. Supplementary Regulations. Any word or phrase contained
herein, followed by the symbol " (SR) " , shall be subject
to the definitions and the additional interpretive
requirements provided in Chapter 19 . 90, Supplementary
Regulations of the Elgin Municipal Code, 1976, as
amended. The exclusion of such symbol shall not exempt
such word or phrase from the applicable supplementary
regulation.
C. General Provisions. In this PSFR2 zoning district, the
use and development of land and structures shall be
subject to the provisions of Chapter 19 . 05, General
Provisions of the Elgin Municipal Code, 1976, as amended.
D. Zoning Districts - Generally. In this PSFR2 zoning
district, the use and development of land and structures
shall be subject to the provisions of Chapter 19 . 07,
Zoning Districts of the Elgin Municipal Code, 1976, as
amended.
E. Location and Size of District. A PSFR2 zoning district
should be located in substantial conformance to the
official comprehensive plan. The amount of land
necessary to constitute a separate PSFR2 zoning district
exclusive of rights of way, but including adjoining land
or land directly opposite a right of way shall not be
less than two acres.
F. Land Use. In this PSFR2 zoning district, the use of land
and structures shall be subject to the provisions of
Chapter 19 . 10, Land Use of the Elgin Municipal Code,
1976, as amended. The following enumerated "land uses"
[SR] shall be the only land uses allowed as a "permitted
use" [SR] in this PSFR2 District :
Residence Division.
1 . "Single family detached dwellings" [SR] (UNCL) .
2 . "Residential garage sales" [SR] (UNCL) .
3 . "Residential occupations" [SR] (UNCL) .
4 . "Residential outdoor storage of firewood" [SR]
(UNCL) .
5 . "Residential parking areas" [SR] (UNCL) .
6 . "Residential storage" [SR] (UNCL) .
3
Municipal Services Division.
7 . Public parks, recreation, open space (UNCL) on a
"zoning lot" [SR] containing less than two acres of
land.
Finance, Insurance, and Real Estate Division.
8 . "Development sales office" [SR] (UNCL) .
Services Division.
9. "Family residential care facility" [SR] (8361) .
Construction Division.
10 . "Contractors office and equipment areas" [SR]
(UNCL) .
Transportation, Communication, and Utilities Division.
11 . "Amateur radio antennas" [SR] (UNCL) .
12 . "Radio and television antennas" [SR] (UNCL) ,
13 . "Satellite dish antennas" [SR] (UNCL) .
14 . "Treatment, transmission, and distribution
facilities: poles, wires, cables, conduits,
laterals, vaults, pipes, mains, and valves" [SR]
(UNCL) .
Miscellaneous Uses Division.
15. "Fences and walls" [SR] (UNCL) .
16 . "Signs" [SR] (UNCL) , subject to the provisions of
Chapter 19 . 50 , Signs .
17 . "Temporary uses" [SR] (UNCL) .
18 . "Accessory structures" [SR] (UNCL) to the permitted
uses allowed in this PSFR2 Planned Single Family
Residence District, subject to the provisions of
Section 19 . 12 . 500 , Accessory Structures and
Buildings.
19. "Accessory uses" [SR] (UNCL) to the permitted uses
allowed in this PSFR2 Planned Single Family
Residence District, subject to the provisions of
Section 19 .20 .400, Component Land Uses .
In this PSFR2 zoning district, the use of land and
structures shall be subject to the provisions of Chapter
19 . 10 , Land Use of the Elgin Municipal Code, 1976 , as
amended. The following enumerated "land uses" [SR] shall
be the only land uses allowed as a "conditional use" [SR]
in this PSFR2 District :
Residences Division.
1 . "Conditional residential occupations" [SR] (UNCL) .
Municipal Services Division.
2 . "Municipal facilities" [SR] (UNCL) on a zoning lot
containing less than two acres of land.
4
Transportation, Communication, and Utilities Division.
3 . "Treatment, transmission and distribution
facilities: equipment , equipment buildings, towers,
exchanges, substations, regulators" [SR] (UNCL) .
Miscellaneous Uses Division.
4 . "Planned developments" [SR] (UNCL) on a zoning lot
containing less than two acres of land, subject to
the provisions of Chapter 19 . 60 , Planned
Developments .
5 . "Accessory structures" [SR] (UNCL) to the
conditional uses allowed in this PSFR2 Planned
Single Family Residence District, subject to the
provisions of Chapter 19 . 12 . 500 , Accessory
structures and Buildings .
6 . "Accessory uses" [SR] (UNCL) to the conditional
uses allowed in this PSFR2 Single Family Residence
District, subject to the provisions of Section
19 . 10 . 400, Component Land Uses .
G. Site Design. In this PSFR2 zoning district, the use and
development of land and structures and the site design
regulations shall be as provided in Chapter 19 . 12, Site
Design and Chapter 19. 60 , Planned Developments, of the
Elgin Municipal Code, 1976, as amended, and as provided
in this ordinance. Prior to the development of the
subject property the owner of the subject property shall
be required to submit a development plan to the city for
a public hearing and City Council approval pursuant to
the provisions of Chapter 19 . 60, Planned Developments, of
the Elgin Municipal Code, 1976, as amended.
H. Off-Street Parking. In this PSFR2 zoning district, off
street parking shall be subject to the provisions of
Chapter 19 .45, Off Street Parking, of the Elgin Municipal
Code, 1976, as amended.
I. Off-Street Loading. In this PSFR2 zoning district, off
street loading shall be subject to the provisions of
Chapter 19 .47, Off Street Loading of the Elgin Municipal
Code, 1976, as amended.
J. Signs. In this PSFR2 zoning district, signs shall be
subject to the provisions of Chapter 19 . 50, Signs of the
Elgin Municipal Code, 1976, as amended.
R. Planned Developments. In this PSFR2 zoning district , the
use and development of the land and structures shall be
5
subject to the provisions of Chapter 19 . 60 , Planned
Developments, of the Elgin Municipal Code, 1976, as
amended.
L. Conditional Uses. In this PSFR2 zoning district,
application for conditional uses shall be subject to the
provisions of Chapter 19 . 65, Conditional Uses, of the
Elgin Municipal Code, 1976, as amended.
M. Variations . In this PSFR2 zoning district variations
shall be subject to the provisions of Chapter 19 . 70,
Variations, of the Elgin Municipal Code, 1976, as
amended.
N. Architectural Standards. Within this PSFR2 zoning
district, the architecture, design, and construction of
dwelling units shall be as follows:
1. Single story dwellings shall contain a minimum of
2, 000 square feet in floor area, excluding garages,
basements, cellars, walk-outs or other similar
spaces .
2 . Dwellings having two or more stories shall contain
a minimum of 2 , 400 square feet of floor area,
excluding garages, basements, cellars, attics,
walk-outs or other similar spaces .
3 . All roofs shall be pitched, either gable or hip
style. The minimum roof pitch shall be 4/12 . Flat
roofs are specifically prohibited.
4 . Street facing walls shall be entirely constructed
of wood, stone, brick, or stucco. All other wall
surfaces shall include a minimum of 50t wood,
stone, brick or stucco. Aluminum and vinyl siding
shall be a heavy gauge . This provision shall not
be construed to prohibit light-gauge vinyl clad or
aluminum for soffits , facia, second floor peaks,
gutters and downspouts,
5 . Light gauge vinyl siding, light gauge aluminum
siding, masonite, glazed brick, non-overlapping
cedar siding, imitation stone, imitation brick,
exposed concrete, or exposed cinder block are not
permitted to be used as exterior wall siding.
6 . No two (2) homes of like exterior design may be
constructed on the same side of the street unless
such buildings are separated by four (4) or more
buildings, building sites, or combination thereof,
of completely dissimilar design. Buildings of like
exterior design may not be erected directly across
6
the street from each other. All buildings shall be
considered to be of "like exterior design" unless
they have substantially different floor plans,
elevations and are substantially different in
exterior appearance .
7 . All gutters will be in neutral colors so a$ to be
inconspicuous .
8 . Each house will have at least a two (2) car garage .
Garages shall be designed in accordance with the
following provisions adopted within the Far West
Planning Area Development and Design Guidelines
(Ordinance No. G6-01) .
a. Street Facing Garages. Street facing garages
shall be recessed a minimum of 10 feet behind
the main residential facade. However,
residences with street-facing garages recessed
less than 10 feet, but not less than 2 feet
behind the main residential facade, shall be
allowed if the residence includes a front
porch or portico; or if the garage includes
one or more of the following features designed
to complement the architectural style of the
residence : individual garage doors accessing
each parking bay, gable end of the garage roof
line facing the street, a roof peak centered
over a double wide garage door, or
proportionately designed dormers.
b. Side Entry Garages . Side entry garages shall
feature gable ends, roof lines, window and
door fenestration, and other architectural
elements which match or complement those same
design elements on the residence. Side entry
garages shall be designed and oriented to
provide access to parking bays via a side or
rear entry, with driveway access not crossing
in front of the main entry to the residence.
If the driveway access to the garage crosses
in front of the main entrance, the following
provisions shall apply: (1) the lot shall
contain a minimum of 20, 000 square feet of lot
area, (2) the garage shall be set back a
minimum of 40 feet from the street lot line,
and (3) at least one third of the garage width
shall be located behind the front facade of
the residence.
9 . All chimneys must be constructed of brick or other
natural materials (wood, stone, or stucco) if the
chimney is visible from the front , and other wise
7
may be constructed of any of the material that
would have been permitted on the side or real
exterior walls of the structure (as set forth in
subparagraph 4 above) .
10 . Each dwelling constructed on a lot of record shall
be fully landscaped prior it its initial
occupancy. If inclement weather does not permit
installation of landscape materials, then a cash
bond in the amount of 150% of the estimated cost of
work shall be submitted to the City as monetary
assurance for the unfinished work. The minimum
required landscaping for a lot of record to be
considered fully landscaped shall be:
a. Front and side yards shall be sodded.
b. Rear yards shall be seeded.
c. Sufficient foundation plantings to screen the
building' s foundation developed in conformance
with a landscape plan as approved by the city.
d. All plant material shall be appropriate to the
climate of the area.
0. Subdivisions - Generally. The subdivision of the subject
property and development thereof shall comply with the
subdivision regulations of the city, as amended, and the
Plat Act of the State of Illinois . Prior to building
permit issuance, for each building or structure proposed
to be built within the planned development, a soils
suitability and bearing capacity test shall be performed
as required by the City Engineer and the Development
Administrator.
P. Buildings - Required Improvements . In addition to those
building improvements required by Title 16 of the Elgin
Municipal Code, the following building improvements shall
also be required:
1 . All sanitary sewers shall be overhead sewers .
2 . All structures containing sump pits and pumps shall
have separate lines connecting the sump pump to the
storm sewer as required by the City Engineer and
the Development Administrator.
Q. Appeals. Any requirement, determination, or
interpretation associated with the administration and
enforcement of the provisions of this ordinance may be
appealed subject to the provisions of Chapter 19 . 75,
Appeals of the Elgin Municipal Code, 1976, as amended.
8
Section 3 . That this ordinance shall be in full force and
effect immediately after its passage in the manner provided by law.
Ed Schock, Mayor
Presented:
Passed:
Vote: Yeas Nays :
Recorded:
Published:
Attest :
Dolonna Mecum, City Clerk
F:\Legal Dept\Ordinances\ZoneProp-Pet31-01-Bangash-LK.wpd
9
EXHIBIT "D"
OFF-SITE UTILITY EASEMENTS
(Paragraph FOUR)
Easements for sanitary sewer and municipal water lines from
existing facilities lying east of the Subject Property.
zoning\untrust.exd
Exhibit E-1
•
EXHIBIT
08/28/94
CITY OF ELGIN
STATEMENT OF POLICY
DEVELOPMENT CONTRIBUTIONS
FOR ROADWAYS
In order to provide a consistent application of requirements for
contributions by land owners for necessary rights of way and
improvements to_city or county roadway systems resulting from
development activity, the Elgin City Council hereby establishes
policies with respect to required right of way dedications and
roadway improvement contributions related to the annexation and
development of property. These policies shall be applied
equally to all properties subject to the policies , regardless of
use or ownership. These policies shall apply to all roadway
improvements planned, proposed, or existing. These policies are
intended to supplement development regulations contained in the
Elgin Municipal Code in general and the Subdivision Ordinance in
particular. Roadway improvements shall include all surface
improvements to the right of way including but not limited to
base course, surfacing, curbs , gutters, sidewalks , and street
trees . Roadway improvements may include storm sewers as
recommended by the City Engineer and required by the City
Council . Policy elements are as follows :
1. Where a planned City of Elgin or County public right of way
is located on the Subject Property, the Owner shall be
responsible for the dedication of all right of way and
easements required for the construction or expansion of the
planned roadway. Such dedication shall be provided prior to
the passage of an ordinance annexing the Subject Property.
2 . Where a planned or existing City of Elgin public right of
way, planned for roadway improvement, is located on or
adjacent to the Subject Property, the Owner shall be
responsible for a cash contribution to the roadway
improvement equal to a pro rata share of improvement costs .
The contribution shall be based on roadway frontage and
engineering estimates for the design and construction of the
roadway improvements . The contribution shall be adjusted to
consider similar benefit to other parcels with frontage
along the right of way and shall exclude any portions of
cost assigned to public benefit .
The contribution for planned roadway improvements shall be
payable in cash in a lump sum or in three installments . If
the contribution is paid in a lump sum, the payment shall be
due prior to the passage of an ordinance annexing the
Subject Property. If the contribution is paid in
installments , the first installment shall be due prior to
the passage of an ordinance annexing the Subject Property .
Payment of the second and third installments of the roadway
improvement contribution shall be due at one year intervals
from the date of the first payment and shall be secured
through an irrevocable letter of credit in favor of the
City, in form and content as approved by the City Finance
Director and the Corporation Counsel . The amount of the
second and third installments shall be based on engineering
estimates for design and construction costs adjusted for the
installment term at the City ' s prevailing borrowing rate at
the time of annexation approval .
3 . Where a City of Elgin public right of way, with roadway
improvements underway or completed at the time of
annexation, is located on or adjacent to the Subject
Property, the Owner shall be responsible for a contribution
to the roadway improvement equal to a pro rata share of
improvement costs . The contribution shall be based on
roadway frontage, and on engineering estimates or actual'
costs for design and construction , whichever is applicable.
The contribution shall be adjusted to consider similar
benefits to other parcels with frontage along the right of
way and shall exclude any portions of cost assigned to
public benefit. The contribution shall be payable in cash
prior to the passage of an ordinance annexing the Subject
Property.
4 . Where City of Elgin right of way dedications and/or roadway
improvement contributions are required along property lines
between adjoining parcels held in separate ownership, and
the required right of way dedication for the Subject
Property is in excess of one half of the total dedication
and/or the improvement contribution is in excess of the
proportionate share of the contribution with respect to the
adjoining parcel or parcels ; a recapture agreement or a
credit shall be extended to the Owner for the excess .
a. Where an adjoining property benefits from a roadway
improvement and there is 'a reasonable expectation that
the owner of the adjoining property would seek
annexation or require development approval by the City,
a recapture agreement shall be established in favor of
the Owner providing for payment by the adjoining
property owner ( s ) for a pro rata share of the value of
the dedication and/or the amount of the contribution.
The recapture shall be payable prior to the passage of
an ordinance annexing the property; or prior to
development approval by the City, to the extent City
may lawfully do so . The recapture for excess right of
way dedication shall be equal to the dollar value of
land consistent with the per acre value of land
contained in E.M. C. Title 17 - Development Impact Fees .
Preparation and recording of the recapture agreement
shall be the responsibility of to e Owner of the Subject
Property .
b. Where an adjoining property does not benefit from a
roadway improvement or there is no reasonable
expectation that the adjoining property owner would
seek annexation or require development approval by the
City, a credit may be extended to the Owner for
dedication of right of way in excess of a pro rata
share. The credit may be applied against any roadway
improvement contribution required of the Owner for
roadway construction costs and shall be equal to the
dollar value of land consistent with the per acre value
of land contained in E.M.C . Title 17 - Development
Impact Fees .
RKD
Proposed Roadway Improvement Contribution
(Via Annexation Agreement Only)
A. Introduction
The City of Elgin presently requires a roadway improvement contribution as a part of its
annexation agreements. Their calculation,however, is based a development's frontage along a
collector or arterial street. Unfortunately, a large acreage development may have a sizeable
impact on the adjacent road, the contribution is determined using the development's minimal
lineal frontage along said road. This results in an inequity between the impact that is created and
the dollar amount that is contributed.
Accordingly, an entirely new calculation for this contribution is being proposed to address this
inequity in the to-be-annexed portions of the City's Far West Planning Area. This system's
contribution is based on a new development paying a proportionate share of road improvement
costs based on its acreage,not frontage. The contribution is then distributed to the City and the
County based on the jurisdictional responsibilities for certain roads.
B. Assumptions
1. The calculations herein area based on the development of land in the Far West Planning Area
(lands west of Randall Road).
2. The Far West Planning Area's southwest sub-area is largely vacant and not-yet-annexed.
There are 4,572 net developable acres in this planning area. It is assumed that present
developments are adequately served by the road network as it exists in the year 2001.
Therefore,new road improvements in the area are for the benefit of future development of
the 4,572 net acres,with said development to contribute funds cover the costs of the needed
road improvements.
3. The Far West Planning Area's northwest sub-area is experiencing a moderate pace of
development. A majority of the acreage within this sub-area is already annexed or under
annexation agreement. Since this contribution is to only be applied as a part of a future
annexation agreement, its application to the northwest sub-area would have negligible
results. Therefore, this new contribution would be applied only in the southwest sub-area,
with the present"frontage"system remaining intact and applicable to the northwest sub-area.
Exhibit E-2
59
Payment Option 2
Five payments, 9%per annum interest on balances due after first year to offset future costs
increases in roadway improvements. Balances to be secured with a letter of credit. City and
County to equally share in proceeds (pending an intergovernmental agreement between the
City of Elgin and Kane County on how the proceeds are to be remitted and spent).
10% payable at annexation
15% at 12 months (plus 9% interest for one year)
25% at 24 months (plus 9% interest for two years)
25% at 36 months (plus 9%interest for three years)
25% at 48 months (plus 9%interest for four years)
E. Examples
• Proposed project:400 acre subdivision of which 300 acres are considered net acres(net acres
=gross acres less right-of-way, park additions, stormwater areas, etc.)
• Payment option one (lump sum): 300 acres
x $ 2,800 per acre contribution
$840,0000 total roadway improvement contribution
• Payment option two (payments): $84,000 (10%)payable at annexation
$126,000 (15%)payable at 12 months (plus interest)
$210,000(25%)payable at 24 months (plus interest)
$210,000 (25%)payable at 36 months (plus interest)
$210,000(25%) payable at 48 months (plus interest)
F. Applicability
•
1. Contribution schedule and methodology to be apart of all future annexation agreements
wherein they are acknowledge and agreed to be specifically and uniquely attributed to the
development proposed as a part of the annexation agreement and that various road
improvements to be addressed by the contributions would not otherwise be anticipated absent
the annexation of the to-be-developed property.
2. Contribution assessed at time of annexation or via payment schedule.
3. Contribution assessed to all new construction south of Highland Avenue, west of Randall
Road and immediately east of Randall Road.
61
C. Costs
1. Assume all existing roads planned as future arterials or collectors are presently two lanes
wide with a rural coss-section (ditch and culvert).
2. As future arterials or collectors, the new design of these roads will be with urban cross-
sections (curb and gutter) having widths of either two lanes, three lanes at intersections,
entirely three lanes(with a middle dual turn lane), four lanes,five lanes at intersections,and
entirely five lanes (with a middle dual turn lane), all of which will be accompanied with
traffic signals and other control devices. Since the exact location and timing of these
improvements are not yet known, this fee proposal is based on the assumption that the
overall average future improvement will be with a three lane urban cross-section design.
3. The cost to improve a two lane rural cross-section to a three lane urban cross section is$180
per lineal foot.
4. In the southwest sub-area there are 142,000 lineal feet of roads that are planned as future
arterial or collector roads. These are equally apportioned between roads that are, or will be,
under the City of Elgin's jurisdiction (71,000 lineal feet) and roads that are under Kane
County's jurisdiction (71,000 lineal feet).
5. Total improvement costs are as follows:
142,000 lineal feet
x $ 180 per lineal foot
25,560,000
D. Contribution Proposal
$ 25,560,000 FWAP estimated road improvement costs
x 0.50 discount factor
$ 12,780,000
-- 4,572 FWAP net acres
$ 2,795.28 per acre contribution (say $2,800)
Payment Option 1
Payable in lump sum at time of annexation. City and County to equally share in proceeds
(pending an intergovernmental agreement between the city of Elgin and Kane County on
how the proceeds are to be remitted and spent).
60
•
FAR WEST AREA PLAN
0..J ective •
•
And Design. Ensure proper relationships among open space,
thoroughfares, and land use. •
•
Policies •
. 1. Open Space. Require the preservation and enhancement of
natural areas, encompassing woodlands, ponds, wetlands,
flood plains, watercourses, and areas of steep slope as
natural systems for stormwater control, soil erosion
control; wildlife habitats, passive recreation, an'd scenic
vistas; require the introduction of other open spaces and
parkways, linking the natural areas for passive -and active
recreation, as depicted on the map of Land Use, Exhibit F;
and require the following- additional open spaces:
•
. a. The minimum amount -of open space to be preserved and •
maintained along watercourses shall be the flood plain
as identified on the current Flood Insurance Rate Map or •
Floodway Boundary Map prepared by the Federal Emergency
Management Administration; -
plus an' additional 50 feet of open space to be used
exclusively for pedestrian - access • and - related
•
improvements, indigenous landscaping, or where required, • - -
approved stormwater management facilities,' sanitary •
sewers, 'watermains, and other public utilities, above
- ground or underground;
• or the minimum amount of open space shall'be that land •
area bounded by lines that are located 125 feet from and
on both sides of the center line of the watercourse;
whichever is greater. •
• A fifty (50) foot building setback from the open spaces
adjoining all watercourses. •
b. A one hundred (100)• foot building setback from all
woodlands, ponds, and wetlands With the first fifty (50)
feet adjoining such natural feature to be used '
exclusively for pedestrian access - and related-
Improvements, indigenous landscaping, or where required,
approved stormwater management facilities, sanitary.
sewers, watermains, and other public utilities, above
ground or underground, as depicted on the graphic of the
Land Design Model, Exhibit G.
•
c. One hundred (100) foot parkways (building setback)
adjoining all arterial streets with the first fifty (50)
feet adjoining the arterial street to be used
exclusively for pedestrian access and related
improvements, indigenous landscaping, or where required,
approved stormwater management facilities, sanitary
• sewers, watermains, and other public -utilities, above
ground or underground, except for Area Business •
Districts and Community Facility Districts exceeding
thirty (30) acres of land, which are subject to the
setback requirements of the Elgin Zoning Ordinance, as
depicted on the graphic of the Land Design Model,
Exhibit G.
•
d. One' hundred (100) foot pathway linkages, as depicted on
the map of Land Use, Exhibit F.
•
Exhibit F
This Instrument Prepared
by and Return After
Recording to:
William A. Cogley
City of Elgin
Legal Department
150 Dexter Court
Elgin IL 60120-5555
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT made and entered into this day of June, 2001, by and
between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City"),
and Union National Bank and Trust Company of Elgin, not personally but as Trustee under Trust
Agreement dated March 10, 1992 and known as trust number 1395 (hereinafter referred to as the
"Grantor").
WITNESSETH
WHEREAS,Grantor owns the real property legally described on the Plat of Easement
prepared by Cowhey Gudmundson Leder, Ltd. of Itasca, Illinois, dated May 29, 2001, attached
hereto as Exhibit A, in Kane County,Illinois (the "Grantor's Parcel"); and
WHEREAS, the City of Elgin desires to obtain easements from Grantor for the
purpose of installing, constructing, operating, using, maintaining, locating, upgrading, repairing,
replacing or removing sanitary sewer lines and water main improvements and other appurtenances
related thereto over a portion or portions of the Grantor's Parcel; and
WHEREAS, Grantor has agreed to grant such easements for such purposes pursuant
to the terms and conditions of this Easement Agreement.
NOW, THEREFORE, for and in consideration of Ten Dollars($10.00) in hand paid
to Grantor, and other good and valuable consideration,the receipt and sufficiency of which
A:\UNTRUST.EAS
I
EXHIBIT 2
is hereby acknowledged, the parties hereto agree as follows:
1. Sewer and Water Easements. That Grantor,being the owner of the Grantor's
Parcel referenced herein, does hereby grant to the City of Elgin, an Illinois municipal corporation
(the "City"), permanent and exclusive (except as set forth in Paragraph 6 hereof) easements (the
"Sewer and Water Easements")to install, construct, operate, use, maintain, locate, upgrade,repair,
service,remove, or replace sanitary sewer lines and water mains, and other appurtenances relating
to sanitary sewer lines and water mains in, upon, and under those portions of the Grantor's Parcel
labeled as "Sewer and Water Easement" on Exhibit A attached hereto.
2. Water Easements. That Grantor does also hereby grant to the City permanent
and exclusive (except as set forth in Paragraph 6 hereof) easements (the "Water Easements") to
install, construct, operate, use, maintain, locate, upgrade, repair, service, remove, or replace water
mains, and other appurtenances relating thereto, upon and under those portions of the Grantor's
Parcel labeled as "Water Easement" on Exhibit A attached hereto. (The premises burdened with the
Sewer and Water Easements and the Water Easements shall hereinafter be collectively referred to
as the "Easement Premises").
3. Temporary Construction Easements. That Grantor does hereby further grant
to the City a temporary construction casement over that portion of Grantor's Parcel labeled as
"Temporary Construction Easement" on Exhibit A attached hereto (hereinafter referred to as the
"Temporary Construction Easement Premises") allowing access over and use of said Temporary
Construction Easement Premises for the purpose of constructing the sanitary sewer and water main
improvements on the above-described Easement Premises. The Temporary Construction Easement
hereby granted shall be deemed terminated upon the completion of the original construction of the
A:\UNTRUST.EAS
sanitary sewer line and water main improvements in the Easement Premises but in any event shall
automatically expire two (2)years from the date and year first written above.
4. Restoration of Easement Premises and Temporary Construction Easement
Premises. That following the exercise by the City of any easement rights granted herein, the City,
in pursuance of the provisions of a certain Agreement to Grant Easements dated June`2001,made
and executed as consideration for the execution by the Grantor of this Easement Agreement, shall
promptly repair and restore the Easement Premises or the Temporary Construction Easement
Premises to the same condition as existed immediately prior to the existence of such rights as is
reasonably practicable and shall leave the Easement Premises and the Temporary Construction
Easement Premises and surrounding premises free from debris.
5. Indemnification. That the City for itself, its agents and independent
contractors,hereby agrees to indemnify and hold Grantor and its successors harmless from any and
all claims for personal injuries or property damage(excluding claims of Grantor) arising directly as
a result of the City's work in the Easement Premises and the Temporary Construction Easement
Premises during construction or during any subsequent maintenance or repair thereof The City
further agrees to indemnify and hold harmless Grantor from any and all liens placed against the
Easement Premises or the Temporary Construction Easement Premises arising from said
construction activities.
6. Restrictions: Reservations. That the Grantor and Grantor's successors shall
not construct any buildings on the Easement Premises nor undertake any other activities on the
Easement Premises which unreasonably interfere with the City's intended use of the Easement
Premises. Anything contained in this Agreement to the contrary notwithstanding, it is understood
that the Grantor shall have(and hereby reserves)the night to(i)construct or otherwise install surface
A:\UNTRUST.EAS
improvements other than buildings, to include parking lot improvements, private or publicly
dedicated streets, bicycle and pedestrian paths, and landscaping and (ii) install utility lines over,
across,upon, and under the Easement Premises as reasonably required to service the development
on the Grantor's Parcel, provided that such is done in a manner which does not unreasonably
interfere with the City's intended use of the Easement Premises.
7. Amendment. That no amendment, revision, or modification hereof shall be
effective unless it is in writing and signed by all parties hereto.
8 . Entire Agreement. That, except as set forth in the Agreement to Grant
Easements referenced in the foregoing Paragraph 4, this Easement Agreement constitutes the entire
agreement between the parties and is intended as a complete and exclusive statement of the ten-ns
of the parties agreement, and it supersedes all prior and concurrent promises, representations,
proposals, negotiations, discussions, and agreements that may have been made in connection with
the subject matter hereof.
9. Applicable Law. That this Easement Agreement shall be governed by and
construed in accordance with the laws of the State of Illinois.
10. Contractors. That it is understood and agreed that the City may utilize the
services of third party contractors,employees,or other agents to perform work in either the Easement
Premises or the Temporary Construction Easement Premises.
11. Warranty of Title. That the Grantor hereby represents and warrants to the
City that it is the fee simple title holder of the Easement Premises and the Temporary Construction
Easement Premises and that it has the full power and authority to enter into and
make the grant of easement as provided herein.
A:\UNTRUST.EAS
12. Binding. That this Easement Agreement shall be binding on the parties
hereto, their successors and permitted assigns and shall run with the land.
13. Recording. That this Easement Agreement shall be recorded by the City at
the City's cost with the Kane County Recorder.
14. Joint Preparation. This Easement Agreement is and shall be deemed and
construed to be the joint and collective work product of the Grantor and the City and, as such,this
Easement Agreement shall not be construed against either party, as the otherwise purported drafter
of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity,
vagueness, or conflict, if any, in the terms or provisions contained herein.
15. Release of Easement. The City may terminate this instrument by recording
a release in recordable form with directions for delivery of same,whereupon all rights, duties, and
liabilities hereby created shall cease and be of no further force or effect. In the event of
discontinuance by the City of the use of the Easement Premises for the purposes granted herein and
the failure of the City to reinstate such use within ten(10)years of the initial discontinuance thereof,
the City shall terminate this instrument by recording a release in recordable form with directions for
delivery of same,whereupon all rights, duties,and liabilities hereby created shall cease and be of no
further force or effect. For convenience, such instrument may run in favor of"the owner or owners
and parties interested in the Grantees Parcel."
16. Expiration of Easement. This Agreement and the rights granted to the City
hereunder shall expire automatically in the event the construction of the sanitary sewer and water
mains contemplated in Paragraphs I and 2 of this Agreement has not been initiated within ten(10)
years after the date hereof.
A\UNTRUST.EAS
IN WITNESS WHEREOF,the parties have entered into and executed this Easement
Agreement on the date and year first written above.
CITY OF ELGIN, an Illinois Union National Bank and Trust Company of
municipal corporation Elgin, as Trustee under Trust Agreement
dated March 10, 1992 and known as Trust Number
1395
By: By:
Mayor Trust Officer
Attest: Attest:
City Clerk
STATE OF ILLINOIS )
) SS.
COUNTY OFKANE )
I,the undersigned, a Notary Public, in and for said County, in the State aforesaid, do
hereby certify that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, personally known to me to
be the same persons whose names are subscribed to the foregoing instrument, appeared before me
this day in person and acknowledged that they signed and delivered the said instrument as their free
and voluntary act of the uses and purposes therein set forth.
Given under my hand an official seal, this day of ,2001.
Notary Public
STATE OF ILLINOIS )
) SS.
COUNTY OFKANE )
I,the undersigned, a Notary Public, in and for said County, in the State aforesaid, do
hereby certify that , personally known to me to be a Trust Officer of
A:\UNTRUST.EAS
Union National Bank and Trust Company of Elgin and the same person whose name is subscribed
to the foregoing instrument,appeared before me this day in person and acknowledged that he signed
and delivered the said instrument as the free and voluntary act of the said Trust department of the
said Union National Bank and Trust Company of Elgin as trustee of its said trust number 1395 for
the uses and purposes therein set forth.
Given under my hand an official seal,this day of , 2001,
Notary Public
A\UNTRUST.EAS
EXHIBIT A
(Plat of Easement to be Attached)
A:\UNTRUST.EAS
FLED 1 CR REJ;,0RD
KAP": CO Vit.!1 Y. IL
20 Pt1 3: 45
J� Ordinance No. S8-01
AN ORDINANCE
ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN
(1101 Nolan Road, 2801 Bowes Road, 2705 Bowes Road
and 1270 S . Randall Road)
WHEREAS, a petition signed by all the owners of record of
certain territory has been filed with the City Clerk requesting
annexation of said territory to the City of Elgin, Illinois; and
WHEREAS, said petition includes therein a statement under oath
by all the owners of record that no electors reside on the subject
territory; and
WHEREAS, said territory is contiguous to the City of Elgin and
is not within the corporate limits of any municipality; and
WHEREAS, legal notice of the intent of the City of Elgin to
annex said territory have been forwarded to all public bodies
required to receive said notice in the manner provided by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1 . That the territory and lands described as follows
be and are annexed to and made a part of the City of Elgin and the
boundaries of the City of Elgin be and are hereby enlarged and
extended to include in the corporate boundaries of the City of
Elgin said territory:
PARCEL 1 :
THAT PART OF THE SOUTH 300 FEET OF THE WEST HALF
OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 41
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
LYING WEST OF THE WEST RIGHT OF WAY LINE OF RANDALL
ROAD, IN KANE COUNTY, ILLINOIS.
PARCEL 2 :
THE SOUTH 300 . 00 FEET OF THE SOUTHEAST QUARTER OF
SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN KANE COUNTY, ILLINOIS.
PARCEL 3 :
THE SOUTH 300 . 00 FEET OF THE SOUTHWEST QUARTER,
EXCEPT THAT PART OF SAID SOUTH 300 . 00 FEET RECORDED AS
NORTHERN ILLINOIS GAS RIGHT OF WAY, OF SECTION 29,
2001Y073652
• ,
TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN KANE COUNTY, ILLINOIS. ALSO THAT PART OF
SAID SOUTHWEST QUARTER DESCRIBED AS FOLLOWS : BEGINNING
AT A POINT ON THE WEST LINE OF SAID SOUTHWEST QUARTER
THAT IS 300 . 00 FEET NORTH OF THE SOUTHWEST CORNER
THEREOF; THENCE NORTH ALONG SAID WEST LINE, 81 . 97 FEET;
THENCE SOUTHEASTERLY, 178 . 56 FEET TO A POINT ON THE
NORTH LINE OF THE SOUTH 300 . 00 FEET OF SAID SOUTHWEST
QUARTER THAT IS 160 .39 FEET EAST OF SAID WEST LINE OF
SAID SOUTHWEST QUARTER AS MEASURED ALONG SAID NORTH
LINE OF THE SOUTH 300 . 00 FEET; THENCE WESTERLY ALONG
THE SAID NORTH LINE, 160 . 39 FEET TO THE POINT OF
BEGINNING, IN KANE COUNTY, ILLINOIS .
PARCEL 4 :
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 30,
TOWNSHIP 41, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE POINT
OF INTERSECTION OF THE SOUTH LINE OF BOWES ROAD AS
ESTABLISHED BY DOCUMENT NUMBER 563250 WITH THE WEST
LINE OF SAID QUARTER; THENCE SOUTHERLY ALONG SAID WEST
LINE 832 . 22 FEET; THENCE EASTERLY ALONG A LINE FORMING
AN ANGLE OF 105 DEGREES 09 MINUTES 59 SECONDS WITH THE
LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) ,
50 . 82 FEET TO THE EAST LINE OF NOLAN ROAD AS
ESTABLISHED BY DOCUMENT NUMBER 1232476 FOR THE POINT OF
BEGINNING; THENCE CONTINUING EASTERLY ALONG THE
EXTENSION OF THE LAST DESCRIBED COURSE 1738 . 30 FEET;
THENCE EASTERLY ALONG A LINE FORMING AN ANGLE OF 165
DEGREES 22 MINUTES 54 SECONDS WITH THE LAST DESCRIBED
COURSE (MEASURED CLOCKWISE THEREFROM) , 687 . 73 FEET TO
THE WEST LINE EXTENDED OF A TRACT CONVEYED TO FRANZ AND
HELGA STOCKMAN BY DOCUMENT 1574591 ; THENCE NORTHERLY
ALONG A LINE FORMING AN ANGLE 90 DEGREES 00 MINUTES 37
SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED
CLOCKWISE THEREFROM) BEING SAID WEST LINE EXTENDED AND
PARALLEL WITH THE EAST LINE OF SAID QUARTER, 34 FEET TO
THE NORTH BANK OF FITCHIE CREEK; THENCE EASTERLY,
NORTHERLY, AND SOUTHEASTERLY ALONG THE NORTH BANK OF
FITCHIE CREEK, 183 FEET MORE OR LESS TO THE WEST LINE
OF EASTERLY 127 . 28 FEET OF SAID QUARTER (MEASURED ALONG
THE NORTH LINE OF SAID QUARTER) ; THENCE SOUTHERLY
PARALLEL WITH THE EAST LINE OF SAID QUARTER, 53 FEET TO
A POINT THAT IS 1369 . 00 FEET SOUTHERLY OF THE NORTH
LINE OF SAID QUARTER; THENCE EASTERLY PARALLEL WITH
NORTH LINE FORMING AN ANGLE OF 89 DEGREES 48 MINUTES 21
SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED
CLOCKWISE THEREFROM) , 127 . 28 FEET TO THE SAID EAST
LINE; THENCE SOUTHERLY ALONG SAID EAST LINE 1243 . 70
2001K073652
FEET TO THE NORTHERLY LINE OF A TRACT OF LAND CONVEYED
TO THE COMMONWEALTH EDISON COMPANY BY DOCUMENT NUMBER
1320007; THENCE NORTHWESTERLY ALONG SAID NORTHERLY LINE
FORMING AN ANGLE OF 63 DEGREES 47 MINUTES 19 SECONDS
WITH THE LAST DESCRIBED COURSE (MEASURED
COUNTERCLOCKWISE THEREFROM) , 2902 . 55 FEET TO THE EAST
LINE OF NOLAN ROAD; THENCE NORTHERLY ALONG SAID EAST
LINE OF NOLAN ROAD FORMING AN ANGLE OF 116 DEGREES 37
MINUTES 37 SECONDS WITH THE LAST DESCRIBED COURSE
(MEASURED COUNTERCLOCKWISE THEREFROM) , 399 .44 FEET TO
THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS; ALSO
THE ENTIRE RIGHT-OF-WAY OF NOLAN ROAD WHICH LIES
BETWEEN THE EXTENSIONS OF THE NORTHERLY AND SOUTHERLY
BOUNDARIES OF THE ABOVE DESCRIBED PARCEL, IN KANE
COUNTY, ILLINOIS.
Section 2 . That a certified copy of this ordinance together
with an accurate map of said territories shall be filed with the
Recorder of Deeds, Kane County, Illinois .
Section 3 . That this ordinance shall be in full force and
effect immediately after its passage in the manner provided by
law.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 27, 2001
Passed: June 27, 2001
Omnibus Vote : Yeas : 7 Nays : 0
Recorded: June 28, 2001
Published:
Attest :
rie toA ,z c= k d y
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
c t` ry 0-cc C � c . � tA7'
k9 T e /2 C c u ie r ' °‘
2001 `
� 07 3 652
s .
•
Ordinance No. G42-01
AN ORDINANCE
CLASSIFYING NEWLY ANNEXED TERRITORY
IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT
(2801 Bowes Road, 2705 Bowes Road and 1270 South Randall Road)
WHEREAS, the territory herein described has been annexed to
the City of Elgin; and
WHEREAS, written application has been made to classify said
territory in the PSFR2 Planned Single Family Residence District so
as to permit the subdivision and residential development of said
territory; and
WHEREAS, after due notice in the manner provided by law the
Planning and Development Commission conducted public hearings
concerning said applications and has submitted its written findings
and recommendations; and
WHEREAS, the City Council of the City of Elgin, Illinois, has
reviewed the findings and recommendations of the Planning and
Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS :
Section 1 . That Chapter 19 . 07, Section 19 . 07 . 600 entitled
"Zoning District Map" of the Elgin Municipal Code, 1976, as
amended, be and the same is hereby further amended by adding
thereto the following paragraph:
"The boundaries herein before laid out in the ` Zoning District
Map' , as amended, be and are hereby altered by including in
the PSFR2 Planned Single Family Residential District, the
following described property:
PARCEL 1 :
THAT PART OF THE SOUTH 300 FEET OF THE WEST HALF OF THE
SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE WEST
RIGHT OF WAY LINE OF RANDALL ROAD, IN KANE COUNTY, ILLINOIS .
PARCEL 2 :
THE SOUTH 300 . 00 FEET OF THE SOUTHEAST QUARTER OF SECTION 29,
TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN KANE COUNTY, ILLINOIS .
PARCEL 3 :
THE SOUTH 300 . 00 FEET OF THE SOUTHWEST QUARTER, EXCEPT THAT
PART OF SAID SOUTH 300 . 00 FEET RECORDED AS NORTHERN ILLINOIS
GAS RIGHT OF WAY, OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KANE COUNTY,
ILLINOIS . ALSO THAT PART OF SAID SOUTHWEST QUARTER DESCRIBED
AS FOLLOWS : BEGINNING AT A POINT ON THE WEST LINE OF SAID
SOUTHWEST QUARTER THAT IS 300 . 00 FEET NORTH OF THE SOUTHWEST
CORNER THEREOF; THENCE NORTH ALONG SAID WEST LINE, 81 . 97 FEET;
THENCE SOUTHEASTERLY, 178 . 56 FEET TO A POINT ON THE NORTH LINE
OF THE SOUTH 300 . 00 FEET OF SAID SOUTHWEST QUARTER THAT IS
160 . 39 FEET EAST OF SAID WEST LINE OF SAID SOUTHWEST QUARTER
AS MEASURED ALONG SAID NORTH LINE OF THE SOUTH 300 . 00 FEET;
THENCE WESTERLY ALONG THE SAID NORTH LINE, 160 . 39 FEET TO THE
POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS . "
Section 2 . That the City Council of the City of Elgin hereby
grants the PSFR2 Planned Single Family Residential District which
shall be designed, developed, and operated subject to the following
provisions :
A. Purpose and Intent. The purpose and intent of this PSFR2
zoning district is to provide a planned urban residential
environment of standardized moderate density for single
family detached dwellings, subject to the provisions of
Chapter 19 . 60 Planned Developments of the Elgin Municipal
Code, 1976, as amended. The PSFR2 District is most
similar to, but may depart in some respects from the
standard requirements of the SFR2 Single Family
Residential District .
B. Supplementary Regulations. Any word or phrase contained
herein, followed by the symbol " (SR) " , shall be subject
to the definitions and the additional interpretive
requirements provided in Chapter 19 . 90, Supplementary
Regulations of the Elgin Municipal Code, 1976, as
amended. The exclusion of such symbol shall not exempt
such word or phrase from the applicable supplementary
regulation.
C. General Provisions. In this PSFR2 zoning district, the
use and development of land and structures shall be
subject to the provisions of Chapter 19 . 05, General
Provisions of the Elgin Municipal Code, 1976, as amended.
D. Zoning Districts - Generally. In this PSFR2 zoning
district, the use and development of land and structures
2
shall be subject to the provisions of Chapter 19 . 07,
Zoning Districts of the Elgin Municipal Code, 1976, as
amended.
E. Location and Size of District. A PSFR2 zoning district
should be located in substantial conformance to the
official comprehensive plan. The amount of land
necessary to constitute a separate PSFR2 zoning district
exclusive of rights of way, but including adjoining land
or land directly opposite a right of way shall not be
less than two acres .
F. Land Use. In this PSFR2 zoning district, the use of land
and structures shall be subject to the provisions of
Chapter 19 . 10 , Land Use of the Elgin Municipal Code,
1976, as amended. The following enumerated "land uses"
[SR] shall be the only land uses allowed as a "permitted
use" [SR] in this PSFR2 District :
Residence Division.
1 . "Single family detached dwellings" [SR] (UNCL) .
2 . "Residential garage sales" [SR] (UNCL) .
3 . "Residential occupations" [SR] (UNCL) .
4 . "Residential outdoor storage of firewood" [SR]
(UNCL) .
5 . "Residential parking areas" [SR] (UNCL) .
6 . "Residential storage" [SR] (UNCL) .
Municipal Services Division.
7 . Public parks, recreation, open space (UNCL) on a
"zoning lot" [SR] containing less than two acres of
land.
Finance, Insurance, and Real Estate Division.
8 . "Development sales office" [SR] (UNCL) .
Services Division.
9 . "Family residential care facility" [SR] (8361) .
Construction Division.
10 . "Contractors office and equipment areas" [SR]
(UNCL) .
Transportation, Communication, and Utilities Division.
11 . "Amateur radio antennas" [SR] (UNCL) .
12 . "Radio and television antennas" [SR] (UNCL) .
13 . "Satellite dish antennas" [SR] (UNCL) .
14 . "Treatment, transmission, and distribution
facilities : poles, wires, cables, conduits,
laterals, vaults, pipes, mains , and valves" [SR]
(UNCL) .
Miscellaneous Uses Division.
3
15 . "Fences and walls" [SR] (UNCL) .
16 . "Signs" [SR] (UNCL) , subject to the provisions of
Chapter 19 . 50 , Signs .
17 . "Temporary uses" [SR] (UNCL) .
18 . "Accessory structures" [SR] (UNCL) to the permitted
uses allowed in this PSFR2 Planned Single Family
Residence District, subject to the provisions of
Section 19 . 12 . 500 , Accessory Structures and
Buildings .
19 . "Accessory uses" [SR] (UNCL) to the permitted uses
allowed in this PSFR2 Planned Single Family
Residence District, subject to the provisions of
Section 19 . 20 . 400, Component Land Uses .
In this PSFR2 zoning district , the use of land and
structures shall be subject to the provisions of Chapter
19 . 10, Land Use of the Elgin Municipal Code, 1976, as
amended. The following enumerated "land uses" [SR] shall
be the only land uses allowed as a "conditional use" [SR]
in this PSFR2 District :
Residences Division.
1 . "Conditional residential occupations" [SR] (UNCL) .
Municipal Services Division.
2 . "Municipal facilities" [SR] (UNCL) on a zoning lot
containing less than two acres of land.
Transportation, Communication, and Utilities Division.
3 . "Treatment, transmission and distribution
facilities : equipment, equipment buildings, towers,
exchanges, substations, regulators" [SR] (UNCL) .
Miscellaneous Uses Division.
4 . "Planned developments" [SR] (UNCL) on a zoning lot
containing less than two acres of land, subject to
the provisions of Chapter 19 . 60 , Planned
Developments .
5 . "Accessory structures" [SR] (UNCL) to the
conditional uses allowed in this PSFR2 Planned
Single Family Residence District, subject to the
provisions of Chapter 19 . 12 . 500, Accessory
structures and Buildings .
6 . "Accessory uses" [SR] (UNCL) to the conditional
uses allowed in this PSFR2 Single Family Residence
District, subject to the provisions of Section
19 . 10 . 400, Component Land Uses .
G. Site Design. In this PSFR2 zoning district, the use and
development of land and structures and the site design
regulations shall be as provided in Chapter 19 . 12 , Site
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Design and Chapter 19 . 60 , Planned Developments, of the
Elgin Municipal Code, 1976, as amended, and as provided
in this ordinance . Prior to the development of the
subject property the owner of the subject property shall
be required to submit a development plan to the city for
a public hearing and City Council approval pursuant to
the provisions of Chapter 19 . 60, Planned Developments, of
the Elgin Municipal Code, 1976, as amended.
H. Off-Street Parking. In this PSFR2 zoning district, off
street parking shall be subject to the provisions of
Chapter 19 . 45, Off Street Parking, of the Elgin Municipal
Code, 1976, as amended.
I . Off-Street Loading. In this PSFR2 zoning district, off
street loading shall be subject to the provisions of
Chapter 19 .47, Off Street Loading of the Elgin Municipal
Code, 1976 , as amended.
J. Signs . In this PSFR2 zoning district, signs shall be
subject to the provisions of Chapter 19 . 50, Signs of the
Elgin Municipal Code, 1976, as amended.
K. Planned Developments . In this PSFR2 zoning district, the
use and development of the land and structures shall be
subject to the provisions of Chapter 19 . 60 , Planned
Developments, of the Elgin Municipal Code, 1976, as
amended.
L. Conditional Uses. In this PSFR2 zoning district,
application for conditional uses shall be subject to the
provisions of Chapter 19 . 65, Conditional Uses, of the
Elgin Municipal Code, 1976, as amended.
M. Variations . In this PSFR2 zoning district variations
shall be subject to the provisions of Chapter 19 . 70,
Variations, of the Elgin Municipal Code, 1976, as
amended.
N. Architectural Standards . Within this PSFR2 zoning
district, the architecture, design, and construction of
dwelling units shall be as follows :
1 . Single story dwellings shall contain a minimum of
2 , 000 square feet in floor area, excluding garages,
basements, cellars, walk-outs or other similar
spaces .
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2 . Dwellings having two or more stories shall contain
a minimum of 2 , 400 square feet of floor area,
excluding garages, basements, cellars, attics,
walk-outs or other similar spaces .
3 . All roofs shall be pitched, either gable or hip
style . The minimum roof pitch shall be 4/12 . Flat
roofs are specifically prohibited.
4 . Street facing walls shall be entirely constructed
of wood, stone, brick, or stucco. All other wall
surfaces shall include a minimum of 50% wood,
stone, brick or stucco. Aluminum and vinyl siding
shall be a heavy gauge . This provision shall not
be construed to prohibit light-gauge vinyl clad or
aluminum for soffits, facia, second floor peaks,
gutters and downspouts .
5 . Light gauge vinyl siding, light gauge aluminum
siding, masonite, glazed brick, non-overlapping
cedar siding, imitation stone, imitation brick,
exposed concrete, or exposed cinder block are not
permitted to be used as exterior wall siding.
6 . No two (2) homes of like exterior design may be
constructed on the same side of the street unless
such buildings are separated by four (4) or more
buildings, building sites, or combination thereof,
of completely dissimilar design. Buildings of like
exterior design may not be erected directly across
the street from each other. All buildings shall be
considered to be of "like exterior design" unless
they have substantially different floor plans,
elevations and are substantially different in
exterior appearance .
7 . All gutters will be in neutral colors so as to be
inconspicuous .
8 . Each house will have at least a two (2) car garage.
Garages shall be designed in accordance with the
following provisions adopted within the Far West
Planning Area Development and Design Guidelines
(Ordinance No. G6-01) .
a. Street Facing Garages . Street facing garages
shall be recessed a minimum of 10 feet behind
the main residential facade . However,
residences with street-facing garages recessed
less than 10 feet, but not less than 2 feet
behind the main residential facade, shall be
allowed if the residence includes a front
porch or portico; or if the garage includes
one or more of the following features designed
to complement the architectural style of the
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residence : individual garage doors accessing
each parking bay, gable end of the garage roof
line facing the street, a roof peak centered
over a double wide garage door, or
proportionately designed dormers .
b. Side Entry Garages . Side entry garages shall
feature gable ends, roof lines, window and
door fenestration, and other architectural
elements which match or complement those same
design elements on the residence . Side entry
garages shall be designed and oriented to
provide access to parking bays via a side or
rear entry, with driveway access not crossing
in front of the main entry to the residence .
If the driveway access to the garage crosses
in front of the main entrance, the following
provisions shall apply: (1) the lot shall
contain a minimum of 20, 000 square feet of lot
area, (2) the garage shall be set back a
minimum of 40 feet from the street lot line,
and (3) at least one third of the garage width
shall be located behind the front facade of
the residence .
9 . All chimneys must be constructed of brick or other
natural materials (wood, stone, or stucco) if the
chimney is visible from the front, and other wise
may be constructed of any of the material that
would have been permitted on the side or real
exterior walls of the structure (as set forth in
subparagraph 4 above) .
10 . Each dwelling constructed on a lot of record shall
be fully landscaped prior it its initial
occupancy. If inclement weather does not permit
installation of landscape materials, then a cash
bond in the amount of 150% of the estimated cost of
work shall be submitted to the City as monetary
assurance for the unfinished work. The minimum
required landscaping for a lot of record to be
considered fully landscaped shall be :
a. Front and side yards shall be sodded.
b. Rear yards shall be seeded.
c . Sufficient foundation plantings to screen the
building' s foundation developed in conformance
with a landscape plan as approved by the city.
d. All plant material shall be appropriate to the
climate of the area.
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0. Subdivisions - Generally. The subdivision of the subject
property and development thereof shall comply with the
subdivision regulations of the city, as amended, and the
Plat Act of the State of Illinois . Prior to building
permit issuance, for each building or structure proposed
to be built within the planned development, a soils
suitability and bearing capacity test shall be performed
as required by the City Engineer and the Development
Administrator.
P. Buildings - Required Improvements. In addition to those
building improvements required by Title 16 of the Elgin
Municipal Code, the following building improvements shall
also be required:
1 . All sanitary sewers shall be overhead sewers .
2 . All structures containing sump pits and pumps shall
have separate lines connecting the sump pump to the
storm sewer as required by the City Engineer and
the Development Administrator.
Q. Appeals . Any requirement, determination, or
interpretation associated with the administration and
enforcement of the provisions of this ordinance may be
appealed subject to the provisions of Chapter 19 . 75 ,
Appeals of the Elgin Municipal Code, 1976, as amended.
Section 3 . That this ordinance shall be in full force and
effect immediately after its passage in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 27, 2001
Passed: June 27, 2001
Omnibus Vote: Yeas : 7 Nays : 0
Recorded: June 28, 2001
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
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